Loading...
HomeMy WebLinkAbout11-21-06 Minutes MINUTES OCOEE CITY COMMISSION November 21,2006 at 7:15 P.M. November 21, 2006 6:30 P.M. Presentation - West Orange High School Band Drum Battery. (Mayor Vandergrift) Presentation - Two Ocoee High School Dance Teams: Golden Girls and Phoenix Company. (Mayor Vandergrift) REGULAR CITY COMMISSION MEETING I A. CALL TO ORDER 7:15 P.M. Mayor Vandergrift called the regular session to order at 7:15 p.m. in the Commission Chambers of City Hall. Commissioner Anderson gave the Invocation and Commissioner Johnson led the Pledge of Allegiance to the Flag. City Clerk Eikenberry called roll and declared a quorum present. Roll Call: Commissioner Hood, Commissioner Anderson, Mayor Vandergrift, Commissioner Keller, and Commissioner Johnson. Also Present: City Manager Frank, City Attorney Rosenthal, and City Clerk Eikenberry. I B. PRESENTATIONS AND PROCLAMATIONS I Presentation of Player of the Year Award to Brian Bennett and Stacia Wright - Tennis Coach Jack Vinson. (parks and Recreation Director Hayes) Chris Andrews, faculty and band director of West Orange High School, thanked the City for their generous contribution to the band last year, and asked for their continued support to replace some badly worn instruments because funding will be limited when they move to the new school. Commissioner Johnson, seconded by Commissioner Hood, moved to arant $3000 to West Oranae Hiah School Band from the Commission Continaency Fund. Motion carried 5-0. Kimmie Keck, Dance Director of Ocoee High School, spoke to the Commission about the new dance clubs that were created and the awards they have received. She said they have raised approximately $2500 thus far. Commissioner Hood, seconded by Commissioner Keller, moved to arant lli.Q.Q to Ocoee Hiah School Dance Clubs from the Commission Continaency Fund. No vote was taken, due to subseauent amended motion. Commissioner Johnson asked if the motion could be amended to match the $2500 that the students have already raised. Commission Hood and Commissioner Keller rescinded their motion and second and made the following new motion: City Commission Regular November 21, 2006 Commissioner Hood, seconded by Commissioner Keller, moved to arant lliQQ to Ocoee Hiah School Dance Clubs from the Commission Continaency Fund. Motion carried 5-0. Mayor Vandergrift advised that schools can apply for the Community Merit Awards grants through the Community Relations Department. Non profit organizations can apply for $500 grants twice per year. 9. Resolution in Support of Nemours Orlando Children's Hospital. Vandergrift) moved up on the agenda (Mayor Item #9 was moved up on the agenda and heard under presentations. City Attorney Rosenthal read the title of the resolution. William J. Windor explained the history of Nemours, one of the largest pediatric health care systems in the county, and said they have been in Orlando for approximately 10 years. They saw 115,000 children last year in the State of Florida alone. Mayor Vandergrift said that Mayor Crotty and Mayor Dyer passed a resolution and included that Nemours is not allowed to offer the same services as other local hospitals, but OCOEE is not doing that. Mayor Vanderarift, seconded by Commissioner Anderson, moved to adopt the resolution in support of Nemour's Orlando Children's Hospital. Motion carried 5-0. The resolution as adopted carries the following caption: RESOLUTION NO. 2006-014 A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, IN SUPPORT OF NEMOURS ORLANDO CHILDREN'S HOSPITAL; ENCOURAGING SUPPORT OF OTHER MUNICIPALITIES AND LOCAL GOVERNMENTS IN CENTRAL FLORIDA FOR NEMOURS ORLANDO CHILDREN'S HOSPITAL, AND PROVIDING AN EFFECTIVE DATE. I C. COMMENTS FROM CITIZENS/PUBLIC Mayor Vandergrift read an email from Frances Watts thanking the City for the bus that was leased for the Senior's trip this weekend. She said it was a nice bus with seatbelts. BREAK 7:59 p.m. - 8:09 p.m. I D. COMMISSIONERS ANNOUNCEMENTS Commissioner Hood - 1) reminded everyone about the Pop Warner Junior Pee Wees who are competing at Cypress Creek (near Bithlow) on Saturday for the State championship against Sunnyland this weekend, 2) Community Merit Award applications are due by November 30, 2006. Page 2 of8 City Commission Regular November 21, 2006 Commissioner Anderson 1) reminded everyone that the MVP Award applications are also due by November 30, 2006, and 2) wished everyone a safe and Happy Thanksgiving. Commissioner Johnson wished everyone a safe and Happy Thanksgiving Commissioner Keller 1) wished everyone a safe and Happy Thanksgiving, and 2) advised that the School Board Workshop will be held on December 4, 2006, at 4:30 p.m. at the downtown Education Center for the school rezoning, and those concerned about the rezoning should be present to voice their concerns. He said the School Board published an email address and an incorrect fax number for input and comments regarding the zoning maps, so many people did not get their comments heard. He said the Ocoee School Advisory Board will meet on Monday, at 7:00 p.m. here at City Hall. Commissioner Hood added that kids from the whole community of Sawmill, which is approximately 20 years old, will be taken from their schools and moved in their later years of school. Commissioner Keller said that Orange County is the 11 th largest school district in the country, and they need to learn to listen to their constituency regarding the constant rezoning of schools. Mayor Vandergrift 1) invited everyone to come to West Orange High School, 8:00 p.m. to midnight, to assist in arranging packages in the Food for Families drive. They make packages for approximately 800 families, three times a year on Thanksgiving, Christmas, and Easter. He said volunteers have come from all denominations and scouting organizations, as well as students. I E. CONSENT AGENDA 1. Approval and Acceptance of the City Commission Charter Review Workshop and Evans High School Discussion of July 27, 2006. (City Clerk Eikenberry) Approved on Consent. Motion carried 4-0 with Commissioner Johnson away from the dais. 2. Approval of 3- Year Lease-Purchase of New and Replacement Police Vehicles for FY 06/07. (Purchasing Agent Tolbert) Approved on Consent. Motion carried 4-0 with Commissioner Johnson away from the dais. 3. Award of RFQ #0701 Professional Architectural & Engineering Services for New Utilities Administrative Office Building. (purchasing Agent Tolbert) The selected firm will assist the City in designing and building a new Utilities Administrative Office Building which shall include miscellaneous offices, break/training room, conference area, bathrooms and reception area. In addition, the project shall include site improvements such as parking, sidewalks, drainage, landscaping, and utilities extension. Staff recommends that the City Commission award the Contract for RFQ #070 I to KZF Design, LLC, and authorize staff to proceed with contract negotiations. This item was pulled from the Consent Agenda to be heard and voted on separately. A discussion ensued regarding the need for more information from Utilities Directors Smith on the plans and needs for this building prior to hiring an architect. There was also discussion regarding the RFP process. Page 3 of8 City Commission Regular November 21, 2006 Commissioner Anderson, seconded by Mayor Vanderarift, moved to brina this item back for consideration at the next Commission Meetina with more information. Motion carried 3-2 with Commissioner Johnson and Commissioner Keller opposed. Consent Agenda Vote: Commissioner Hood, seconded by Commissioner Anderson, moved to approve Consent Aaenda Items #1 and #2, as presented, with Item #3 beina pulled to be voted on separately. Motion carried 4-0, with Commissioner Johnson away from the dais. I F. PUBLIC HEARINGS Second Readin2s 4. Arden Park. (Community Development Director Wagner). (Advertised as Public Hearing in the Orlando Sentinel Orange Extra on Thursday, November 9, 2006). The subject property is located on the north and south sides of Clarcona-Ocoee Road, west of Hobson Road, and east of Ingram Road. The subject property is 411.9 acres in size and is currently zoned R-lAA (Single- Family Dwelling). The Future Land Use Map designates the property as Low Density Residential, with areas around Lakes Sims, Meadow, and Trout designated Conservation/Floodplains. The request is to rezone the property to PUD (Planned Unit Development). The land use plan that was submitted for approval proposes 925 dwelling units mixed between single-family and townhome units with a maximum density of 2.96 dwelling units per acre. This density is consistent with the underlying land use and represents a similar density contained in a conventional single-family development. The plan proposes development of the project in six phases. I a. Land Use Plan/PUD Rezoning Ordinance. City Attorney Rosenthal read the title of the ordinance. There was a lengthy discussion on the development project among the Commission, Community Development Director Wagner, and Ms. Furman, an attorney representing Beezer Homes. Commissioner Keller, seconded by Mayor Vanderarift moved to adopt on second readina, Ordinance 2006-019, approvina the Land Use Plan/PUD Rezonina for Arden Park, real property comprised of approximately 411.9 acres, per staff recommendation with the followina additional conditions: 1. As THE DEVELOPER'S CONTRIBUTION TOWARDS SIGNALIZATION OF THE INTERSECTION AND FOR THE MITIGATION OF TRAFFIC IMPACTS ARISING FROM THE PROJECT, THE DEVELOPER WILL PAY TO THE CITY A CASH PAYMENT OF $250,000 ON OR BEFORE THE EARLIER OF (I) FOUR (4) YEARS FROM THE EFFECTIVE DATE OF THE DEVELOPMENT AGREEMENT, OR (II) ANY BUILDING PERMITS BEING ISSUED FOR PHASE 3 OF THE PROJECT. THE FOREGOING PAYMENT SHALL NOT BE OFFSET OR REDUCED IN THE EVENT THE CITY IS ABLE TO OBTAIN FULL OR PARTIAL FUNDING BY ORANGE COUNTY FOR THE SIGNALIZATION OF THE INTERSECTION. NEITHER THE DEVELOPER NOR ANY OTHER PERSON IS ENTITLED TO ROAD IMPACT FEE CREDITS AS A RESULT OF SUCH PAYMENT. 2. No BUILDING PERMITS WILL BE ISSUED FOR ANY PHASES BEYOND PHASE 3 OF THE PROJECT UNTIL SUCH TIME AS (I) THE "SCHOOL SITE" HAS BEEN CONVEYED TO THE SCHOOL BOARD OF RECORD AT THE TIME OF A CONTRACT FOR SALE OF THE SCHOOL SITE OR AT THE TIME OF THE ACTUAL CONVEYANCE OF THE SCHOOL SITE (THE "SCHOOL BOARD"), OR (II) THE DEVELOPER AND THE SCHOOL BOARD HAVE ENTERED INTO AN AGREEMENT PROVIDING FOR THE CONVEYANCE OF THE Page 4 of8 City Commission Regular November 21, 2006 SCHOOL SITE TO THE SCHOOL BOARD WITH SUCH CONVEYANCE TO OCCUR PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS FOR PHASE 4 OF THE PROJECT. IN THE EVENT OF SUCH AN AGREEMENT, NO BUILDING PERMITS WILL BE ISSUED FOR PHASES 4, 5 AND 6 OF UNTIL THE SCHOOL SITE HAS ACTUALLY BEEN CONVEYED TO THE SCHOOL BOARD. NOTHING HEREIN SHALL BE CONSTRUED TO REQUIRE THAT THE DEVELOPER CONVEY THE SCHOOL SITE AT A PRICE BELOW THE FAIR MARKET VALUE THEREOF. 3. THE CITY SHALL HAVE THE OPTION TO PURCHASE THE SCHOOL SITE FROM THE DEVELOPER AT THE FAIR MARKET VALUE THEREOF; PROVIDED, HOWEVER, THAT SUCH OPTION SHALL TERMINATE AT SUCH TIME AS THE DEVELOPER ENTERS INTO AN AGREEMENT WITH THE SCHOOL BOARD OF ORANGE COUNTY FOR THE SALE OF THE SCHOOL SITE. 4. THE DEVELOPER SHALL DESIGN AND CONSTRUCT, AT THE DEVELOPER'S EXPENSE, EIGHT FOOT (8') WIDE SIDEWALKS ALONG THE WEST SIDE OF CLARKE ROAD NORTH OF CLARCONA-OCOEE ROAD. 5. TABLE 1 SHALL BE REVISED BY THE STAFF RECOMMENDATION AS APPROVED BY THE CITY COMMISSION. Commissioner Anderson, seconded by Commissioner Keller, moved to amend the motion to chanae the time allowed for the sianalization from five years to four years or the beainnina of construction on Phase 3, whichever comes first. Motion carried 5-0 Vote was taken on oriainal motion, as amended. Motion carried 5-0. The ordinance, as adopted on second reading, carries the following caption: ORDINANCE NO. 2006-019 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, REZONING FROM OCOEE R- lAA TO "PUD" ZONING, PLANNED UNIT DEVELOPMENT DISTRICT, FOR CERTAIN REAL PROPERTY COMPRISING APPROXIMATELY 411.9 ACRES LOCATED ON THE NORTH AND SOUTH SIDES OF CLARCONA-OCOEE ROAD, WEST OF HOBSON ROAD AND EAST OF INGRAM ROAD 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; PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL CITY ZONING MAP; REPEALING INCONSISTENT ORDINANCES; PROVIDING AN EFFECTIVE DATE. I b. Development Agreement Commissioner Keller, seconded by Commissioner Anderson, moved approve the Development Aareement, as presented by staff, and includina the incorporation of all of the conditions approved for the rezonina ordinance into the Development Aareement. Motion carried 5-0 Page 5 of8 City Commission Regular November 21, 2006 5. General Employees' Pension Board Ordinance Change. (Human Resources Director Carnicella). (Advertised as Public Hearing in the Orlando Sentinel Legal Classified on Sunday, November 12, 2006). The Pension Board for the City of Ocoee Municipal General Employees' Retirement Trust Fund is governed by ordinance. Staff recommends the Commission adopt the amendment to the General Employees' Pension Ordinance to change the multiplier from 2.5% to 3%. There is no fmancial impact for fiscal year 07; the City's contribution to fund this change will be approximately 15% or payroll in FY 09. The City's contribution rate for FY 07 is 11.0%. City Attorney Rosenthal read title of ordinance. Human Resources Director Carnicella said he and the City Manager have been looking into another way of reducing City's contribution to the plan, by limiting the amount that any employee could receive as a maximum benefit in the pension plan. The Actuary needs approximately 3 weeks to complete the analysis, and he would like to bring the item back the second meeting in January 2007, and recommends that any change be retroactive to December 1, 2006. Mayor Vandergrift opened the Public Hearing. Commissioner Johnson, seconded by Commissioner Hood, moved to continue this item to a time certain of January 16, 2007. Motion carried 5-0. I G. REGULAR AGENDA 6. Approval of Request for Reduction of Fine for Code Enforcement Board Case No. 05- 071 - Ocoee Equities, LLC and Matthew J. Falconer, 10570 W. Colonial Drive. (Building Official Jones) The property was observed as having overgrown grass/weeds within required landscape areas; miscellaneous trash and debris; the sign was dilapidated; and the waste container gates were left open and not maintained. A lien was placed on this property from a code enforcement board case. This fme accrued from September 27, 2005, until September II, 2006. The property was brought into compliance on September II, 2006. The total amount of the fme is $87,250.00. The Respondent is requesting that all fmes be waived and the lien released. Building Official Jones described the nature of the violations and the history of actions that have been taken thus far. He advised the Code Enforcement Board reduced the fine from $87,250 to $63,000 and staff is recommending approval of that reduction. Matt Falconer, owner of property, advised that there were many communication errors that occurred within his company, some of the work was done, and he did not know a $250 per day fine was accruing on the property. He said he understands that there are violations on the property that should have been taken care of, however they are landscaping issues, and he feels the fine is way out of line. Commissioner Johnson, seconded by Commissioner Keller, moved to reduce the fine to $6,300, payable within 30 days. Motion carried 5-0. 7. Establishment of Districting Commission. (City Clerk Eikenberry) Commissioner Hood appointed Matt Garland. Consensus of the Commission to brina this item back to the next Commission Meetina to complete the nominations. Page 6 of8 City Commission Regular November 21, 2006 8. Donations to Following Volunteer Groups: a. West Orange High School Track Team - Commissioner Johnson. (Parks and Recreation Director Hayes) I b. Orange County Falcons - Commissioner Johnson. Commissioner Johnson, seconded by Commissioner Hood moved to arant $~ to the West Oranae Track team, and $500 to the Oranae County Falcons for offerina their support and volunteers throuahout Founder's Day weekend. Motion carried 5-0. Commissioner Hood also asked if there would be a report on Founder's Day in the near future and Commissioner Johnson said it will be brought to the next meeting. c. Participants in the upcoming Christmas Parade on December 2 3006. (this item was added during the meeting and was not part of the published agenda). Mayor Vandergrift said that Cathy Sills of the Lions Club, who is organizing the Christmas Parade, asked the Commission to consider payment to High School Bands of $800 each ( Ocoee High School, West Orange High School, and Apopka High School), and the Young Blacks in Action are requesting $175 to perform in the parade. Commissioner Johnson said he doesn't mind paying the High Schools because of the cost of the rental buses and uniform cleaning, but he would not support paying one youth group because all of the other scouting organizations and youth groups participate in the parade for free. Commissioner Johnson, seconded by Commissioner Hood moved to pay $800 to each of the three Hiah School bands: Ocoee Hiah School, West Oranae Hiah School, and Apopka Hiah School if they are able to participate in the Christmas parade. Motion carried 5-0. 9. Resolution in Support of Nemours Orlando Children's Hospital. (Mayor Vandergrift) This item was moved up on the agenda and heard under Presentations I H. STAFF REPORTS Utilities Director Charles Smith presented each Commissioner with a token gift of giant bolts from the Jemela tower foundation in celebration ofthe long-awaited dismantling ofthe tower. I I. COMMENTS FROM COMMISSIONERS Commissioner Keller said he would like to give the School Board credit for making a commitment to the school kids regarding the arts as witnessed tonight with the West Orange Page 7 of8 City Commission Regular November 21, 2006 High School Band and the Ocoee Dance Club. He said many counties have cut funding to the Arts Programs, and Orange County has been very supportive. Commissioner Johnson - no comments Commissioner Anderson said he would like the Commission to consider having daytime Commission Meetings. Commissioner Hood mentioned that would be difficult for those who work during the day. Commissioner Hood- 1) reminded everyone about the Pop Warner Junior Peewees who are competing at Cypress Creek (near Bithlow) for the state championship against Sunnyland this weekend, 2) said the Ocoee Pop Warner Cheerleaders are competing this weekend also and he wished them luck, 3) wished everyone a Happy Thanksgiving. Mayor Vandergrift - 1) invited everyone to come to West Orange High School, 8:00 p.m. to midnight, to assist in arranging packages in the Food for Families drive. He said they make packages for approximately 800 families, 2) wished everyone a safe and happy holiday. I ADJOURNMENT The meeting was adjourned at 11:08 p.m. Attest: APPROVED: City of Ocoee Page 8 of8 NOW, THEREFORE, in consideration of the premises and other good and valuable considerations exchanged between the parties hereto, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Recitals; Definitions. The above recitals are true and correct and incorporated herein by this reference. All capitalized terms not otherwise defined herein shall be as defined or described on the Land Use Plan (as hereinafter defined), unless otherwise indicated. 2. Development of the Property. A. The Owner hereby agrees to develop the Property in accordance with that certain PUD Land Use Plan for Arden Park Planned Residential Community (the "Project") prepared by Canin Associates, date stamped received by the City on , 2006 with such additional revisions thereto, if any, as may be reflected in the minutes of the City Commission of the City of Ocoee meeting approving the same (hereinafter referred to as the "Land Use Plan"). The Land Use Plan is hereby incorporated herein by reference as if fully set forth herein. B. The Owner hereby agrees that the Property shall be developed in accordance with and is made subject to those certain Conditions of Approval attached hereto as Exhibit "B" and by this reference made a part hereof (the "Conditions of Approval"). The Owner further agrees to comply with all of the terms and provisions of the Conditions of Approval. The Conditions of Approval attached hereto as Exhibit "B" are the same as the Conditions of Approval set forth in the Land Use Plan. C. Except as otherwise expressly set forth in this Agreement and the Land Use Plan, it is agreed that (1) the Owner shall comply with the zoning and subdivision regulations of the City as set forth in the Ocoee Land Development Code in effect at the time of approval of this Project; and (2) all preliminary subdivision plans, final subdivision plans, preliminary site plans, and final site plans for the Property or any portion thereof shall conform to the Ocoee Land Development Code requirements in effect at the time of approval of this Project. In the event of any conflict between the provisions of the Ocoee Land Development Code, as it may from time to time be amended, and this Agreement, it is agreed that the provisions of this Agreement shall control. 3. Waivers from the Ocoee Land Development Code. Pursuant to the PUD Ordinance, the Owner has been granted waivers from the requirements of the Ocoee Land Development Code, said waivers being set forth in Exhibit "C" attached hereto and by this reference made a part hereof. 4. shall apply: Clarke Road Ri2ht-of-Wav and Improvements. The following prOVISIOns A. The parties acknowledge that Clarke Road is intended to be improved from the intersection with Clarcona-Ocoee Road (the "Intersection") to the northern boundary of the Property (the "Clarke Road Right-of-Way"). Developer agrees to design, engineer, permit and construct all those certain improvements to Clarke Road set forth on Table 1 found on Sheet 6 of the Plan (the "Arden Park Clarke Road Improvements"). The preliminary engineering for - 2 - ORlA425998.5 the Arden Park Clarke Road Improvements shall be included with the Preliminary Subdivision Plan for Phase 3 of the Project and the final engineering for the Arden Park Clarke Road Improvements shall be included in the Final Subdivision Plan for Phase 3 of the Project. Said plans will include all utility extensions and stormwater requirements at Developer's expense. The Developer shall construct the Arden Park Clarke Road Improvements in accordance with the phasing schedule as set forth on said Table I or as otherwise provided in this Agreement or the Conditions of Approval. B. Center Lake properties, Ltd. is the owner of a proposed project located in the City of Ocoee to be known as "Oak Trail Reserve." In connection with the development of Oak Trail Reserve, Center Lake Properties, Ltd., or its successors or assigns, has agreed to design, engineer, permit and/or construct certain additional improvements to Clarke Road, as set forth in that certain Annexation Agreement between Center Lake Properties, Ltd. and the City dated August 21,2001 and recorded in Official Records Book 6332, Page 3000, and that certain Development Agreement between Center Lake Properties, Ltd. and the City dated August 17, 2004 and recorded in Official Records Book 7729, Page 3074, as amended by that certain First Amendment to Development Agreement dated November 7, 2006 and recorded in Official Records Book , Page , all of the Public Records of Orange County, Florida (collectively, the "Center Lake Agreement"). Access points to the Project shall align with the Oak Trail Reserve access points. C. Center Lake Properties, Ltd., has committed to meet stormwater requirements for a portion of the Clarke Road Right-of-Way within Oak Trail Reserve as set forth in the Center Lake Agreement. However, if the Developer constructs any improvements to Clarke Road prior to the permanent stormwater facilities within Oak Trail Reserve being completed and a Certificate of Completion for such facilities is issued by the City, then, subject to the provisions of Section 4(Q) below, the Developer will be required to provide temporary facilities to meet the stormwater requirements associated with such improvements within the Property until such time as the permanent stormwater facilities within Oak Trail Reserve are completed and a Certificate of Completion for such facilities is issued by the City. D. Developer shall demonstrate to the City that there will be no extraordinary increase in construction or maintenance costs as a result of the depicted Clarke Road Right of Way alignment. E. Developer shall be responsible for any wetlands mitigation necessary due to construction of any portion of the Clarke Road Right-of-Way on its Property. F. At Developer's expense, Developer will prepare and provide the City with a metes and bounds legal description and sketch of description of the Clarke Road Right of Way and shall incorporate the same in plats of that portion of the Property adjacent to the Clarke Road Right-of- Way. The aforesaid legal description and sketch shall be certified to the City and shall be subject to the review and approval of the City. The foregoing shall be accomplished in conjunction with the preliminary subdivision plan for any portion of the Property north of Clarcona-Ocoee Road and shall be shown on said preliminary subdivision plan and the final subdivision plan. Clarke Road shall also be platted and dedicated as a public roadway in accordance with the phasing schedule set forth on Table 1 on Sheet 6 of the Plan. - 3 - ORLA.425998.5 G. Until such time as the improvements contemplated for the Clarke Road Right-of- Way are completed and accepted by the City, the Developer shall be solely responsible for the Clarke Road Right-of Way, including, but not limited to, the maintenance thereof and the payment of all applicable taxes. H. Neither the Developer, its successors and assigns, nor any other person or entity shall be entitled to any road impact fee credits or other compensation of any kind for, on account of, or with respect to the required dedication and conveyance of the Clarke Road Right- of- Way to the City, or the design, engineering, permitting, and construction of any improvements to Clarke Road, except as set forth herein. I. Developer shall, at the appropriate time, apply for the vacation of Hobson Road so as to facilitate the development of the Clarke Road Right-of-Way and quit claim said right-of-way to the City of Ocoee after construction of the Arden Park Clarke Road Improvements. J. Developer acknowledges that Center Lake Properties, Ltd. or its successors or assigns has agreed to design and engineer certain improvements to Clarke Road, as generally depicted on the Clarke Road Design Sketch (the "PDA Sketch") attached hereto as Exhibit "D" and by this reference made a part hereof. Such improvements include: (i) a portion of the easterly two lanes of Clarke Road, depicted as Section A on the PDA Sketch (the "Section A Improvements"), (ii) a portion of the westerly two lanes of Clarke Road, depicted as Section B on the PDA Sketch (the "Section B Improvements"), and (iii) certain improvements to Clarke Road south of the intersection of Clarke Road and Clarcona-Ocoee Road, depicted as Section C on the PDA Sketch (the "Section C Improvements") (collectively, the Section A Improvements, Section B Improvements and Section C Improvements are referred to herein as the "Center Lake Improvements"). Developer agrees to reimburse Center Lake Properties, Ltd or its successors or assigns, all amounts paid to PDA for the design, engineering, and permitting of the Section B Improvements, provided, however, that the total amount reimbursed shall not exceed $39,400.00. To the extent Developer makes any direct payments PDA for the such costs, then the amount of such direct payment(s) will be deducted from the amount Developer is obligated to reimburse. Developer will be responsible for the construction costs associated with the Section B Improvements. K. If the construction of any or all of the Center Lake Improvements has not commenced prior to Developer commencing development of any portion of the Project located north of Clarcona-Ocoee Road, then the Developer will require that all bids for the construction of the Arden Park Clarke Road Improvements shall also incorporate separate bid prices for the construction of the Center Lake Improvements in accordance with the following: (i) All bids must provide a separate and independent construction price for each of the following: (1) the Section A Improvements, (2) the Section B Improvements, and (3) the Section C Improvements, and (ii) the bid documents must provide that Developer may select to proceed with the construction of any or all of such improvements at the prices indicated. L. If Developer is required to seek bids for the Center Lake Improvements pursuant to paragraph 4(K) above, then, prior to entering into a contract for the construction of the Arden Park Clarke Road Improvements or any portion of the Center Lake Improvements, -4- ORLA.425998.5 Developer will provide to City the bid (the "Bid") from the contractor that Developer intends to use for the construction of such improvements. Within sixty (60) days from receipt of the Bid or City approval of the Final Subdivision Plan for any portion of the Property located north of Clarcona-Ocoee Road, whichever is later to occur, the City will provide written notice (the "Construction Notice") to Developer directing that Developer either (i) proceed with construction of the Section A Improvements and/or the Section C Improvements contemporaneously and in conjunction with the Section B Improvements and the Arden Park Clarke Road Improvements, or (ii) proceed with construction of only the Section B Improvements and the Arden Park Clarke Road Improvements, and not the Section A Improvements or the Section C Improvements. Within sixty (60) days of receipt of the Construction Notice, Developer will enter into a contract (the "Construction Contract") for the construction of the Arden Park Clarke Road Improvements, the Section B Improvements, and the Section A Improvements and/or Section C Improvements, as applicable, consistent with the Construction Notice and Bid. The Construction Contract shall provide that City shall be an intended third party beneficiary of the performance obligations of the contractor with respect to the permitting and construction of all improvements to Clarke Road. If City does not provide written notice to Developer pursuant to this paragraph, it is agreed that Developer is to proceed as if the City provided notice pursuant to (ii) above. M. As an alternative to the procedure set forth in paragraphs 4(K) and 4(L) above, Developer may enter into a contract for the construction of the all or part of the Arden Park Clarke Road Improvements, the Section B Improvements, and the Section A Improvements and/or Section C Improvements, as the case may be, on a non-bid basis at a price acceptable to and approved by City, which acceptance and approval may be granted or withheld in the City's sole and absolute discretion. N. If City directs Developer to proceed with the construction of any of the Section A Improvements or Section C Improvements pursuant hereto, then, in consideration therefor, City agrees to reimburse Developer (in cash) for the actual construction costs for such improvements within thirty (30) days after completion of construction of the improvements and acceptance thereof by the City. Nothing contained herein shall prohibit the City from seeking reimbursement from adjacent property owners or any other party for construction costs provided by City to Developer pursuant hereto. o. All Center Lake Improvements that Developer is required to construct or cause to be constructed pursuant to this Agreement are to be undertaken in conjunction with the first portion of the Arden Park Clarke Road Improvements that Developer is required to construct pursuant to this Agreement and must be completed and accepted by City prior to a Certificate of Completion being issued for the Arden Park Clarke Road Improvements or any portion thereof. P. To the extent that Developer is required to construct any of the Center Lake Improvements pursuant hereto, then the City will cause Center Lake Properties, Ltd. or its successors or assigns to assign to Developer all plans, permits and approvals for such Improvements. Q. If the City requires that Developer construct any portion of the Section A Improvements and/or the Section C Improvements, then the City shall be responsible for - 5 - ORLA.425998.5 providing or causing others to provide the temporary facilities necessary to meet the storm water requirements associated with such improvements. Notwithstanding any other provision of this Agreement to the contrary, Developer shall have no obligation to construct the Section A Improvements or the Section C Improvements until such time that the City or other party provides the temporary facilities necessary to meet the storm water requirements associated with such improvements. R. Notwithstanding any other provision contained herein, the City or any other governmental agency may elect to construct or cause to be constructed any of the Center Lake Improvements (including the Section B Improvements) at any time. If the City, other governmental agency, or any of their assigns constructs the Section B Improvements, Developer will pay to such party the actual construction costs for the Section B Improvements prior to the issuance of a Certificate of Completion for any portion of the Project's subdivision improvements located north of Clarcona-Ocoee Road or the platting of any portion of the Property located north of Clarcona-Ocoee Road, whichever first occurs. S. The Developer shall, within 60 days of a request by the City of the same, but in no event later than platting of any portion of the Property, convey to the City the Clarke Road Right-of Way. The conveyance shall be by special warranty deed free and clear of all liens and encumbrances except for those matters acceptable to the City. The form of the special warranty deed shall be subject to the approval of the City. The Developer shall, contemporaneously with the conveyance of such property, provide to the City a current attorney's opinion of title, or a current title commitment to be followed by a policy of title insurance, evidencing that fee simple title to such property is free and clear of all liens and encumbrances except for those matters acceptable to the City. The costs and expenses related to the conveyance of such property, including the cost of title work, shall be borne solely by the Developer. Real property taxes on the property shall be prorated as of the day of the City's acceptance of the conveyance of the same, and the prorated amount of such real property taxes attributable to the Developer shall be paid and escrowed by such owner in accordance with the provisions of Section 196.295, Florida Statutes; provided, however, that if the conveyance occurs between November 1 and December 31, then the Developer shall be responsible for real property taxes for the entire year. Access points for Clarke Road will be as shown on the Plan. T. If requested to do so by the City, Developer shall construct the remaining portion of the Clarke Road Right of Way from Entrance 8 as shown on Sheet 5 of the Plan to the northern boundary of the Property at a price acceptable to and approved by City, which acceptance and approval may be granted or withheld in the City's sole and absolute discretion. Developer shall be entitled to receive City of Ocoee Road Impact Fee Credits for the actual cost of construction of such improvements for only that section of Clarke Road, provided, however, that such Road Impact Fee Credits will not exceed the price for such construction that is approved by the City prior to such construction. U. All property east of Clarke Road, owned by Developer and adjoining Lake Trout are to be dedicated to the City of Ocoee at the same time and in the same manner as the Clarke Road Right-of-Way is to be conveyed as set forth in paragraph 4(S) above. - 6- ORLA.425998.5 V. Clarke Road will be built in phases pursuant to paragraph 4(A) above or prior to the completion of construction of the elementary school within the Project, whichever occurs first. 5. Im!ram Road Improvements. A. Prior to the issuance of building permits for Phase 5 or 6 of the Project, Developer shall improve that portion of Ingram Road adjacent to the Property into a 24 foot wide curb and gutter urban section two lane roadway as shown in the Land Use Plan ("Ingram Road Improvements"). No connection to Ingram Road from the Project will be allowed prior to the completion and acceptance by the City of the Ingram Road Improvements. In consideration for the construction of the Ingram Road Improvements and provided that the improvements to Ingram Road as set forth in the Plan are commenced within the time frame set forth herein and completed within one (1) year of commencement, the Developer shall be entitled to receive City of Ocoee road impact fee credits for the actual cost of construction of such improvements upon issuance of a Certificate of Completion for the Ingram Road Improvements and acceptance by the City. The Developer shall submit to the City's Development Review Committee ("DRC") satisfactory documentation to support any Road Impact Fee credit pursuant to this Condition and the actual amount of the Road Impact Fee credit shall thereafter be determined by the DRC based upon a review of such satisfactory documentation in the manner provided by the Road Impact Fee Ordinance. The DRC shall not be required to approve any Road Impact Fee credits for costs incurred by the Developer which exceed the amounts set forth herein. Except as aforesaid, the Developer shall not be entitled to any compensation in connection with the Ingram Road Improvements. In addition to the Ingram Road Improvements described above, the Developer shall design, permit and construct a southbound turn lane at Developer's expense with no Road Impact Fee credits. B. In the event that the Ingram Road Right-of-Way is less than 60' wide, the Developer shall convey to the City additional Right-of-Way on the eastern side of the existing Ingram Road Right-of-Way within 60 days of a request by the City of the same, but in no event later than platting of Phase 5. The conveyance shall be by special warranty deed free and clear of all liens and encumbrances except for those matters acceptable to the City. The form of the special warranty deed shall be subject to the approval of the City. The Developer shall, contemporaneously with the conveyance of such property, provide to the City a current attorney's opinion of title, or a current title commitment to be followed by a policy of title insurance, evidencing that fee simple title to such property is free and clear of all liens and encumbrances except for those matters acceptable to the City. The costs and expenses related to the conveyance of such property, including the cost of title work, shall be borne solely by the Developer. Real property taxes on such property shall be prorated as of the day of the City's acceptance of the conveyance of the same, and the prorated amount of such real property taxes attributable to the Developer shall be paid and escrowed by such owner in accordance with the provisions of Section 196.295, Florida Statutes; provided, however, that if the conveyance occurs between November 1 and December 31, then the Developer shall be responsible for real property taxes for the entire year. The City shall be responsible for any additional Right-of-Way needed on the Western side of the existing Ingram Road Right-of-Way. - 7 - ORLA.425998.5 c. All stormwater needs related to the Ingram Road Improvements will be provided by the Project's master storm water management system and constructed prior to obtaining issuance of building permits for Phases 5 or 6. D. At anytime prior to Developer constructing the Ingram Road Improvements, the City or any other governmental agency may elect, at such party's option and expense, to construct or cause to be constructed the Ingram Road Improvements. To the extent the City or other party constructs such improvements to Ingram Road, Developer will not be entitled to any Road Impact Fee Credits in connection therewith. E. In addition to the Ingram Road Improvements set forth above, the Developer will design, engineer, permit and construct a southbound left turn lane into Entrance 1 as part of the Ingram Road Improvements. F. Neither the Developer, its successors and assigns, nor any other person or entity shall be entitled to any road impact fee credits or other compensation of any kind for, on account of, or with respect to (a) any dedication for Ingram Road right-of-way as set forth in paragraph 5(B) above, or (b) the turn lane improvements set forth in 5(F) above. 6. Utilities. Water and sewer service to Phase 1 will be provided by the City of Ocoee. Water and sewer service to Phases 2-6 will be provided by Orange County. Reclaimed water will be provided by the City of Ocoee for the entire Project in accordance with applicable provisions of the City Code and subject to the availability of reclaimed water. At the time of platting, easements will be placed over the Utility lines and dedicated to the City of Ocoee or Orange County, as appropriate. 7. Sewer and Water Impact Fees. For Phase 1, the Developer must pay water and sewer capital charges at the time the infrastructure is permitted to begin construction. For Phases 2 through 6, owner may pay Sewer and Water Impact Fees at the time of issuance of building permits for individual lots pursuant to the Orange County Code, or as otherwise required by Orange County. 8. Gradinl!:. A. The existing grades on individual lots containing protected trees will be maintained as much as possible to preserve existing protected trees; provided, however, that mass grading will be permitted in the areas identified on the Plan. For lots containing protected trees which are not subject to mass grading, there will be no grading or other construction on individual lots except as specified in the final subdivision plan, until building permits are issued for those lots. B. Removal of existing protected trees will be limited to areas where mass grading is permitted, clearing road right of way and retention areas as detailed in the final subdivision plan. All other existing protected trees on individual lots will be evaluated at the time of site plan review for that lot, to determine whether or not each tree needs to be removed. C. In order to insure that as many existing trees as possible will be preserved, all road rights of way and retention areas will be flagged for review by the City prior to any tree - 8 - ORLA.425998.5 removal. No clearing permits will be issued for site work or building construction until the trees to be preserved have been clearly marked with tree protection barriers. 9. Notice. Any notice delivered with respect to this Agreement shall be in writing and be deemed to so delivered (whether or not actually received) when (i) hand delivered to the other party at the address appearing on the first page of this Agreement, or (ii) when deposited in the United States Mail, postage prepaid, certified mail, return receipt requested, addressed to the party at the address appearing on the first page of this Agreement, or such other person or address as the party shall have specified by written notice to the other party delivered in accordance herewith. 10. Covenant Runnine: with the Land. This Agreement shall run with the Property and inure to and be for the benefit of the parties hereto and their respective successors and assigns and any person, firm, corporation, or entity who may become the successor in interest to the Property or any portion thereof. 11. Recordation of Ae:reement. The parties hereto agree that an executed original of this Agreement shall be recorded by the City, at the Developer's expense, in the Public Records of Orange County, Florida. The City will, from time to time upon request of the Developer, execute and deliver letters affirming the status of this Agreement. 12. Applicable Law. This Agreement and the provisions contained herein shall be construed, controlled, and interpreted according to the laws of the State of Florida. 13. Time of the Essence. Time is hereby declared of the essence to the lawful performance of the duties and obligations contained in this Agreement. 14. Ae:reement; Amendment. This Agreement, along with the Land Use Plan and the PUD Ordinance, constitutes the entire agreement between the parties, and supersedes all previous discussions, understandings and agreements, with respect to the subject matter hereof. Amendments to and waivers of the provisions of this Agreement shall be made by the parties only in writing by formal amendment. 15. Further Documentation. The parties agree that at any time following a request therefor by the other party, each shall execute and deliver to the other party such further documents and instruments, in form and substance reasonably necessary to confirm and/or effectuate the obligations of either party hereunder. 16. Specific Performance. Both the City and the Developer shall have the right to enforce the terms and conditions of this Agreement by an action for specific performance. 17. Attornevs' Fees. In the event that either party finds it necessary to commence an action against the other party to enforce any provision of this Agreement or because of a breach by the other party of any terms hereof, the prevailing party shall be entitled to recover from the other party its reasonable attorneys' fees, paralegal fees and costs incurred in connection therewith, at both trial and appellate levels, including bankruptcy proceedings, without regard to whether any legal proceedings are commenced or whether or not such action is prosecuted to judgment. - 9 - ORLA.425998.5 18. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original but all of which together shall constitute one and the same instrument. 19. Captions. Captions of the Sections and Subsections of' this Agreement are for convenience and reference only, and the words contained therein shall no way be held to explain, modify, amplify or aid in the interpretation, construction, or meaning of the provisions of this Agreement. 20. Severability. If any word, sentence, phrase, paragraph, provision, or portion of this Agreement is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion hereof so long as the purpose and intent of this Agreement can still be achieved. 21. Effective Date. The Effective Date of this Agreement shall be the day this Agreement is last executed by a party hereto and such date shall be inserted on Page 1 of this Agreement - 10 - ORLA.425998.5 IN WITNESS WHEREOF, the Developer and the City have caused this instrument to be executed by their duly authorized elected officials, partners, and/or officers as of the day end year first above written. Signed, sealed and delivered in the presence of: DEVELOPER: ARDEN PARK VENTURES, LLC, a Florida limited liability company Print Name By: Name: Its: Date: Print Name STATE OF FLORIDA COUNTY OF ORANGE I HEREBY CERTIFY that on this day, before me, an officer duly authorized in this State and County aforesaid to take acknowledgments, personally appeared , as the of ARDEN PARK VENTURES, LLC, a Florida limited liability company, who D is personally known to me or D produced as identification, and that he/she acknowledged executing the same on behalf of said company in the presence of two subscribing witnesses, freely and voluntarily, for the uses and purposes therein expressed. WITNESS my hand and official seal in the County and State last aforesaid this _ day of , 2006. Signature of Notary Name of Notary (Typed, Printed or Stamped) Commission Number (if not legible seal)' My Commission Expires (if not legible on seal) - 11 - ORlA425998.5 Signed, sealed and delivered in the presence of: Print Name Print Name FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY THIS DAY OF , 2006. FOLEY & LARDNERLLP By: City Attorney ORLA.425998.5 CITY: CITY OF OCOEE, FLORIDA By: S. Scott Vandergrift, Mayor Attest: Beth Eikenberry, City Clerk (SEAL) APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON 2006 UNDER AGENDA ITEM NO. - 12 - STATE OF FLORIDA COUNTY OF ORANGE I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared S. SCOTT VANDERGRIFT and BETH EIKENBERRY, personally known to me to be the Mayor and City Clerk, respectively, of the CITY OF OCOEE, FLORIDA and that they severally acknowledged executing the same in the presence of two subscribing witnesses, freely and voluntarily under authority duly vested in them by said municipality. WITNESS my hand and official seal in the County and State last aforesaid this _ day of , 2006. Signature of Notary Name of Notary (Typed, Printed or Stamped) Commission Number (if not legible seal): My Commission Expires (if not legible on seal) - 13 - ORLA.425998.5 EXHIBIT "A" (The "Property") - 14 - ORLA.425998.5 EXHIBIT "B" Conditions of Approval - 15 - ORLA.425998.5 EXHIBIT "C" Waivers - 16 - ORLA.425998.5 EXHIBIT "D" (The "PDA Sketch") - 17 - ORLA.425998.5 CITY OF OCOEE 150 N. Lakeshore Drive Ocoee, Florida 3476\ 407-905-3100 SPEAKING RESERVATION FORM City Boards DATE: AlJ,-,1 J~ bt L.!.- W//VDriR- NAME ADDRESS E-Mail CITY [' /~!..-!11Jff) 0 ZIP CODE PHONE # c.enter of Good L . ~ 4-07 &5C> 1000G ~ r / L :II/f /'t.) 0 D f.JL-A-J ~ :;:::;, e LJ... I want to address the Board about A/ tzI, 'l./' e.. J r / n. / ~ / ( etf(LD/2 !"/) 5- I-ffl1L-TlI jY5nA/J Do you have a prepared statemenLor_other_Anr-11mAntl,,'_frn.....mh;"'kwm....aL ..1..1 Yes_ No N \ Nt'lIlClllr~ emours Childn'II'~ C1illi(' - The following time limits Public Hearinl!:s: petitio! petitioner rebuttal - 5 mi Open to Public - Citizen: All proceedings before tl adopted July 1,2003. William J. Winder Administrator Florida Campuses Jacksonvi lIe-Orlando-Pensacola 4901 Vineland Road Suite 200 Orlando. FL 32811 P 407.650.7006 f 407.650.7075 bwinder@nemours.org www.Nemours.org the Board? 1. 5 minutes per speaker; :ode (see back of form) J ~ ~ '-' .~ ~ <t~ ~ ~=:::~ ~ ~:s ~ ~ -~ ~ ~ ~ ~ ~ ~~ J ~ ~ .l ~ .~ ~ ~ ~ { ~ "R ~- ,,"-' ~ ~ ~ ~ ~ --...~ ) <0.. _I:J ~u . '1 J' . ---.c "'Is ~---- ~ ~ 1 ~-i ~ .~ ~ ~ ~'\;~ ~ ~ t~f~ ~~ ~-Ij ~J ~~~f€ ~~~~J ~ ~ ~ ~ 0\ CITY OF OCOEE center of Good L . ~'o-e .. It?iJ] . '). ".. "~ I$l" 150 N. Lakeshore Drive Ocoee, Florida 34761 407-905-3100 SPEAKING RESERVATION FORM City Boards DATE: //-;"/-0 6 NAME Cf.llCt~S AAJD 1C6'oJ .s ADDRESS 301 /""0,.) Gr5HA DOvV~ CITY OC06-C PHONE# Q07 90S 8)9rJ....b cr- E-Mail Wk:U)O~6fJ.e/~t.../AlIC.#eY- ZIP CODE 3 l/7 -6 / IwanttoaddresstheBoardabout fnA-/c:..ltJf:r A- DOtJft-.TlON 10 ..sVPPORt /lib' {).)f::5T o~MbG" HII;,..J-I sellout- P~CV.5:.!JON Ff2cJAiT {;;-N~b7JI3LE- Do LOU ha a prepared statement, or other document(s) from which you will address the Board? Yes No_ if yes, please attach copy of same to this Reservation Form. The following time limits to speak are in effect: Public Hearine:s: petitioner presentation - 15 minutes; citizen comments - 5 minutes per speaker; petitioner rebuttal - 5 minutes. Open to Public - Citizens Comments - 3 minutes per speaker/per meeting. All proceedings before the Commission shall be governed by the Civility Code (see back of form) adopted July 1, 2003. CITY OF OCOEE 150 N. Lakeshore Drive Ocoee, Florida 34761 407-905-3100 SPEAKING RESERVATION FORM City Boards DATE: II ~ f , /~ / center of Good L . "'.."'o-e_ Jt?J~ (". c( ( l PHo~f~ '7 Y l' J NAME J /' /1 / I 2- -:::/<--1-) 1/ /1'1 I ADDRESS,'Z L; ). J-. ,,) v C I ~ -I c {l. CITY Z j If t//(' (I ",;J 1/&- ,/<, r/7 E-Mail y (;( (, ZIP CODE I want to address the Board about fh.~ Pw~ ~/Z. 7?~ Yes No_ if yes, please attach copy of same to this Reservation Form. Do you have a prepared statement, or other document(s) from which you will address the Board? The following time limits to speak are in effect: Public Hearine:s: petitioner presentation - 15 minutes; citizen comments - 5 minutes per speaker; petitioner rebuttal - 5 minutes. ODen to Public - Citizens Comments - 3 minutes per speaker/per meeting. All proceedings before the Commission shall be governed by the Civility Code (see back of form) adopted July 1, 2003. CITY OF OCOEE center of Good L . ~'o-e, It?il] ''). '" . ~ 150 N. Lakeshore Drive Ocoee, Florida 34761 407-905-3100 SPEAKING RESERVATION FORM City Boards DATE: it- .ll-O( NAME ;;;. ,)'/::- /2 7 /:.:: (;-"": /Y\ / Co- A ,V PHONE # J'lC1';' f'~"1 >6"/7 ADDRESS Ph) tv /~ C L<^,':: hUc.h /'t,7 E-Mail CITY ,1.',-',/1 (/I , I ZIP CODE ..]:2 ~C' J I want to address the Board about Do you have a prepared statement, or other document(s) from which you will address the Board? Yes No if yes, please attach copy of same to this Reservation Form. The following time limits to speak are in effect: Public HeariDl~s: petitioner presentation - 15 minutes; citizen comments - 5 minutes per speaker; petitioner rebuttal - 5 minutes. ODen to Public - Citizens Comments - 3 minutes per speaker/per meeting. All proceedings before the Commission shall be governed by the Civility Code (see back of form) adopted July 1, 2003. CITY OF OCOEE 150 N. Lakeshore Drive Ocoee, Florida 34761 407-905-3100 SPEAKING RESERVATION FORM City Boards center of Good L . ~~e,~ 1~/~ DATE: 1J-~ 1- O~ NAME~rn ~(~ ' ADDRESS::J43q Kt30l OfiL C.lrW CITY () /l[ 11 nJiJJ fi.., PHONE#~a E-Mail_lAJtll~t.. 3 (@UffSI ru! ZIP CODE (~d ~ If) .r Yes_ No_ if yes, please attach copy of same to this Reservation Form.jrrvJ fu ~ 4kt The following time limits to speak are in effect: f\.U;J "f e.-Mp\?r DJ:. Public Hearine:s: petitioner presentation - 15 minutes; citizen comments - 5 minutes per speaker; N H'StA petitioner rebuttal - 5 minutes. ODen to Public - Citizens Comments - 3 minutes per speaker/per meeting. LLt () coee N-tg ~ All proceedings before the Commission shall be governed by the Civility Code (see back of form) SdtID \ . adopted July 1, 2003. FALCON DEVELOPMENT November 2nd, 2006 Mayor Scott Vandergrift City of Ocoee 150 N. Lakeshore Drive Ocoee, FL 34761 Dear Mayor: You were helpful to me in my troubles in permitting my retail center in front ofWal-Mart on State Road 50 (the PaylesslRadio Shack project). I need your help once again in dealing with an issue with City government. It involves a code enforcement issue. Over a year ago, the City issued a citation against my Pay less retail center for some code violations on that property. Typical items; mulch, a dead palm tree, and a few other items. My maintenance person was immediately dispatched to repair and replace the items. After completion, the City was notified of the completion of the list of items. The problem comes when the City either never inspected or entered the inspection into the system, and the fines accrued without my knowledge for another 8 months. Upon realizing the fines are accruing, we went through the process again, added new mulch, and went through the inspection. Charlotte at my office went to appeal the code fines (which because of the lapse of time totaled some $80,000). She brought an e-mail from my property manger from six months ago saying the work was complete, the City notified, and the situation was resolved. The code board "reduced" the fine to $63,000. Needless to say I am absolutely shocked that.the code board can even suggest such a fine for minor violations. I understand the lapse of time and the math involved, but the infractions are minor. I built a first class shopping center, paid many thousands in impact fee~, pay substantial property taxes, and I cannot even imagine the fairness in imposing these fines. No small business has $63,000 extra laying around, and I cannot chop off a piece of the building and give to the City. This is the equivalent to a. $63,000 speeding ticket. Code fines should be for property owners that refuse to' comply with regulations. Willing and innocent taxpayers should not be subject to heavy flnes. This is not a case of keeping junk cat'S in the front yard, this is mulch. I ask that you consider the fairness of these fines, and consider amending the code enforcement procedures. I believe there should be a cap on the fines, and better notice to the taxpayers. r time and consideration. REAL ESTATE DEVELOPMENT. 4201 Vineland Rd.. Suite 1-14. Orlando, FL 32811 · Phone (407) 650-9100 · FAX (407) 650-1999 --:r:~ .1 City ManaQer Robert Frank - .~.~<:~ 1f~ Commissioners Garv Hood. District 1 Scott Anderson. District 2 Rustv Johnson. District 3 Joel Keller. District 4 Mavor S. Scott Vanderqrift STAFF REPORT TO: The Honorable Mavor and City Commissioners DATE: Beth Eikenberry, City Clerk November 15, 2006 FROM: RE: Districting Commission The following is a list of registered voters per Voting District in the City of Ocoee, obtained from the Records Division of the Orange County Supervisor of Elections Office. Re istered Voters b District District 1 District 2 District 3 District 4 as of November 15, 2006 3,183 3,976 3,990 4,891 ~(\-hunts ~ D,~\di~ "PrMd_ Co'fY\M \SSfON/t. Hooc\ - \-t\g\\ Gcw Iorc\ Q.oY"f\f<\\sstD~ "]1hf\SOY\ - RCfe~ ff\OY~+O COrf\W\\SS'~ ~- CoY'r\N'\\95to~ ~- vY\~~ \J~V'~+I- - 1 ARTICLE XI, Single-Member Districts [Added 9-20-1988 by Ord. No. 88-28] Page 1 of 4 ARTICLE XI, Single-Member Districts [Added 9-20-1988 by Ord. No. 88-28] ~ C-65. Number of districts. The City of Ocoee shall be divided into four (4) single-member districts effective upon the adoption of the initial geographic boundaries of such districts by the City Commission of the City of Ocoee. ~ C-66. Establishment of Districting Commission. A. Appointment of members. The City Commission shall establish a Districting Commission after November 15, 1991, but no later than December 15, 1991, and every five (5) years thereafter (i.e., 1996, 2001, etc.) a new Districting Commission shall be appointed by the City Commission after November 15 but no later than December l5 of that year. A Districting Commission may also be appointed by the City Commission at such other times as deemed necessary by the City Commission. The Districting Commission shall consist of five (5) members who shall be appointed by majority vote of the City Commission and who shall serve on such commission for terms of one (1) year, unless such terms are extended by the City Commission. B. Removal; vacancies. (I) Removal. Any member of the Districting Commission may be removed by the City Commission in accordance with the following procedures: (a) The City Commission shall adopt by affirmative vote of a majority of all its members a preliminary resolution which must state the reasons for removal. A copy of the resolution shall be promptly delivered to the member of the Districting Commission sought to be removed. (b) Within five (5) days after a copy of the resolution is delivered to the member sought to be removed, such member may file with the City Commission a written reply and/or a written request for a public hearing. This hearing shall be held at a City Commission meeting no earlier than fifteen (IS) days and no later than thirty (30) days after the request is filed. (c) The City Commission may adopt by affirmative vote ofa majority of all its members a final resolution of rem ova 1, which may be made effective immediately. Such resolution, if adopted, must be adopted no earlier than six (6) days and no later than thirty (30) days from the date a copy of the preliminary resolution was delivered to the member sought to be removed, if such member has not requested a public hearing. If such member has requested a hearing, such resolution, if adopted, must be adopted within forty-five (45) days from the date of the hearing. (2) Vacancies. If any vacancy occurs in the Districting Commission, a qualified individual shall be appointed by the City Commission to serve in place of the member who created the vacancy. Such vacancy shall be ARTICLE XI, Single-Member Districts [Added 9-20-1988 by Ord. No. 88-28] Page 2 of 4 filled within thirty (30) days after the vacancy occurs. C. Powers and duties. (1) The Districting Commission shall serve as an advisory body to the City Commission with respect to the establishment of initial geographic boundaries of the four (4) single-member districts of the City of Ocoee. Each new Districting Commission shall serve as an advisory body to the City Commission with respect to the redistricting of such boundaries. (2) Upon its initial appointment in 1991, the Districting Commission shall review the most current, official census data, together with all other data relevant to the establishment of initial geographic boundaries of the four (4) single-member districts, and shall prepare a report to tbe City Commission that contains recommendations concerning such boundaries. (3) Upon appointment of a new Districting Commission in 1996, and every five (5) years thereafter, the Districting Commission shall review the geographic boundaries of the four (4) single-member districts in light of the most current, official census data, together with all other data relevant to the redistricting of geographic boundaries. The Districting Commission shall prepare a report to the City Commission containing recommendations, if any, for the adjustment of district boundaries. (4) All recommendations concerning the geographic boundaries of single-member districts shall be prepared in compliance with the following criteria: (a) Each district shall be formed of compact, contiguous territory and shall be as rectangular as possible. To the extent possible, the boundary lines of each district shall follow the center lines of streets. (b) The districts shall be based upon the principle of equal and effective representation as required by the United States Constitution. ( c) The boundaries of each district shall, to the extent possible, be aligned with the boundaries of the county precincts within the city and with the boundaries of the city. (d) All reports containing recommendations shall include a map that sets forth the proposed boundaries of each district. D. Recommendations to the City Commission. All reports of the Districting Commission shall be available to the public and submitted to the City Commission in accordance with such reasonable deadlines as may be established by the City Commission or as may otherwise be required by law. Within two (2) months of the receipt of any such reports, the City Commission shall accept or reject the recommendations contained therein, or the City Commission may send sucb reports back to the Districting Commission for further study and consideration. The establishment of the initial geographic boundaries of the four (4) single-member districts and any subsequent redistricting of such boundaries shall be done by ordinance by the City Commission; provided, however, that the City Commission shall not establish or redistrict such boundaries until after receipt of a report from the Districting Commission containing recommendations relating thereto, unless the Districting Commission fails to deliver its report by the deadline established by the City Commission. E. Officers. The Districting Commission shall create and elect appropriate officers as it deems .. .. ,.. ,.. ,"""", ARTICLE XI, Single-Member Districts [Added 9-20-1988 by Ord. No. 88-28] Page 3 of 4 necessary for the orderly conduct of its specific duties. F. Support. It shall be the responsibility of the Planning Department, or such other department as may be designated by the City Manager, to provide technical data and assistance to the Districting Commission. City staff shall also be available to assist the Districting Commission as needed. G. Expenses. The City Commission shall appropriate funds to defray reasonable expenses of the Districting Commission. 9 C-67. Date of adoption of initial districts. The City Commission shall adopt by ordinance the initial geographic boundaries of the four (4) single- member districts after receipt of a report by the Districting Commission containing recommendations concerning such boundaries, but in no event shall such initial boundaries be adopted later than June 1, 1992. Such ordinance shall designate four (4) single-member districts which will be identified in such ordinance as District Nos. 1,2,3 and 4. 9 C-68. Representation of districts. In order to harmonize the terms of the present members of the City Commission with the form of government establishment by this Article, it is hereby provided that effective upon the adoption of the initial geographic boundaries of the single-member districts by the City Commission, each single- member district shall be represented by an incumbent City Commissioner as set forth below: A. District No. 1 shall be represented by the City Commissioner previously elected to Seat No. 1 for the duration of such Commissioner's current elected term of office. B. District No.2 shall be represented by the City Commissioner previously elected to Seat No.2 for the duration of such Commissioner's current elected term of office. C. District No.3 shall be represented by the City Commissioner previously elected to Seat No.3 for the duration of such Commissioner's current elected term of office. D. District No.4 shall be represented by the City Commissioner previously elected to Seat No.4 for the duration of such Commissioner's current elected term of office. 9 C-69. District residency requirements. Effective upon the adoption of the initial geographic boundaries of the single-member districts by the City Commission, the City Commissioners shall be required to comply with the following residency requirements: A. The Commissioners to be elected in November 1992 must be bona fide residents of their respective districts as of the date of qualifying to run for office in order to qualify for and hold office as a Commissioner for their respective districts. Thereafter the City Commissioners representing said districts and elected to said seats must be bona fide residents of their respective districts in order to qualify for and to hold the office of Commissioner as required under S C-l1 of Article III of this ARTICLE Xl, Single-Member Districts [Added 9-20-1988 by Ord. No. 88-28] Page 4 of 4 Charter. B. The Commissioners to be elected at the next general municipal election following the November 1992 election must be bona fide residents of their respective districts as of the date of qualifying to run for office in order to qualify for and hold office as a Commissioner for their respective districts. Thereafter the City Commissioners representing said districts and elected to said seats must be bona fide residents of their respective districts in order to qualify for and to hold the office of Commissioneras required under S C-11 of Article III of this Charter. ~ C-70. Annexed territory. After the establishment of the initial geographic boundaries of the districts, any territory annexed to or consolidated with the City of Ocoee shall, at the time of such annexation or consolidation, be added to an adjacent district or districts by an ordinance of the City Commission which may be a part of the annexation or consolidation ordinance. ~ C-71. Redistricting. The City Commission shall, by ordinance adopted by a majority vote of all the members of the City Commission, redistrict the geographic boundaries of each single-member district after each official decennial census conducted by the United States Government and, to the extent permitted by law, after receipt of a report by the Districting Commission containing recommendations, if any, for the adjustment of district boundaries as required under S C-66 of this Article. District boundaries shall not be changedless than four (4) months prior to a regular municipal election, except to include territory annexed to or consolidated with the city. All redistricting of district boundaries shall be in accordance with the Constitutions and the laws of the United States and of Florida and the provisions of S C-66C( 4) (a) through (d) of this Article.