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12-01-09MINUTES OCOEE CITY COMMISSION December 1, 2009, 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, and led by Commissioner Wilsen. City Clerk Eikenberry called roll and declared a quorum present. Roll Call: Commissioner Hood, Commissioner Wilsen, Mayor Vandergrift, Commissioner Johnson and Commissioner Keller. Also Present: City Attorney Rosenthal, City Manager Frank, City Clerk Eikenberry B. PRESENTATIONS AND PROCLAMATIONS Presentation to Wayne's Automatic Sprinkler's for their Free Installation of Fire Sprinklers at the Haunted House -Division Chief Stanley and Parks and Recreation Director Hayes presented a plaque of appreciation to Pete Schwab, Vice President of Wayne's Automatic Sprinklers for all of their assistance with the Fire Department and in getting the automatic sprinkler system in the Haunted House. Mayor Vandergrift and Mr. Schwab discussed the need to pass legislation for mandatory sprinkler systems in all new mobile homes. Mr. Schwab said the state of Florida is on track to require fire systems in all single family homes, but whether it will get through the legislature is another issue. It has been squashed before. Presentation -Vito Petrone, Parks and Recreation Operations Manager presented Division Chief Butch Stanley with an appreciation award for always assisting Parks and Recreation when needed and for assisting with the sprinklers in the Haunted House. Presentation - 2009 Ocoee Tennis Players of the Year -Jack Vinson Jack Vinson presented awards to Lauren Tarr and David Pace. Presentation -City of Ocoee MLK Parade -Chairman William Maxwell Chairman Maxwell gave a PowerPoint presentation explaining the costs of the Martin Luther King Day parade to the Commission and advised that at this time the board needs another $2044.69 of funds to bring the MLK Parade up another notch. Commissioner Keller seconded by Mayor Vandergrift moved to give an additional $2100 in funding to the HRDB Board for assistance in funding the Martin Luther King Day Parade. Commissioner Hood, seconded by Commissioner Johnson, moved to amend the motion to include that if any more money is received by the fundraising efforts of the HRDB board, it would be returned to the City. Commissioner Johnson said he feels that if we give additional funding to HRDB then we have to give it to all boards to be fair. He also stated he would like to see the HRDB participate in more diversified activities that include all ethnicities in Ocoee. City Commission Regular December 1, 2009 Commissioner Hood, Commissioner Keller, and Commissioner Wilsen disagreed and felt this board is different because of the important events that it sponsors and that it brings good publicity to the city. Vote was taken on the amendment. Motion carried 5-0. Vote was taken on the original motion, as amended. Motion carried 5-0. Presentation to Police Department -Ocoee Lions Club President Cathy Sills, along with members Bob Godek and Tom Hendrix presented a check in the amount of $500 to Police Chief Brown toward the Ocoee Police Department Toys for Tots program. Commissioner Johnson presented a check to the Lions Club in the amount of $5,038.79 for assistance with the Beverage Sales at this year's Founder's Day event. He said the Rotary Club will also receive the same amount. Lions Club President Sills thanked the Commission and city for their continued support. C. COMMENTS FROM CITIZENS/PUBLIC R.P. Monacky, 1820 Prairie Lake Blvd., said he saw on the news that Orange County was embarrassed by a report that they spent too much on their radio systems. Mayor Vandergrift said we will discuss that under the item. Chad Shafer, said he is back to ask if there has been any progress with regard to the City of Apopka hiring any of the displaced Ocoee dispatchers. City Manager Frank said there is no additional information; one has been hired and a second one that had been hired did not show up for her pre employment physical. Chief Brown said he has no more information; they have been in contact with Apopka and made their feelings known. Commissioner Johnson said we cannot keep rehashing the same discussion; we are doing everything we can, including hiring them back into the city of Ocoee when we can. Mr. Shafer said he feels that Apopka mislead the city and he feels the city should push the issue even though it is not part of the contract. He said he spoke to all twelve dispatchers and none of them have been hired. Scott Anderson gave a presentation on the West Orange Airport Authority with regard to building a new airport and they are asking fora $2500 commitment from three cities (Ocoee, Winter Garden and Apopka) to conduct a feasibility study. He added that he felt the County would consider a lesser amount to still show of support for the project because they understand cities are struggling with budgetary issues now. Commissioner Johnson said he would not support anything over $1000. feasibility study. Commissioner Hood, seconded by Commissioner Wilsen, moved that if any of the other city or county entities pull out, the City of Ocoee's offer of $1000 will be automatically withdrawn. Motion carried 5-0. Vote on original motion, as amended, carried 5-0. Page 2 of 13 City Commission Regular December 1, 2009 D. STAFF REPORTS AND AGENDA REVIEW City Manager Robert Frank gave the following report: 1. He stated there are two emergency items at which time the Mayor said to go ahead with them: Emergency Item #1. Award of RFQ 10-01 for Construction Engineering and Inspection Services Related to Clarke Road Rehabilitation (Federal TARP Funds which will pay for resurfacing and reconstructing Clarke Road) Mayor Vandergrift declared this an emergency item. Mayor Vandergrift asked the commission if they had any comments pertaining to the matter. Staff recommendation is that the City Commission select Wilbur Smith & Associates. Commissioner Hood, seconded by Commissioner Keller, moved to approve the staff recommendation to award the contract to Wilbur Smith & Associates. The motion carried unanimously. Commissioner Hood verified that funding for the project had been budgeted previously. Mayor Vandergrift asked the city manager to tell everyone about the grant received by the City. City Manager Frank stated that the City has been awarded a grant for $1.6 million for the resurfacing of Clarke Road from Silver Star to Clarcona Road. The construction and inspection services that were just voted on are included. Emergency Item #2. Police Portable Radio Purchase Mayor Vandergrift declared this an emergency item. Chief Brown told the commission about a sale on Motorola digital radios put in place until December 15~'. By participating in the sales program, the department will save $2000 per radio. Chief Brown asked the commission for permission to spend up to $94,000 to purchase the radios. Additionally, Orange County Interoperable Radio Surcharge money is coming due. The County will be repaying Ocoee $78,345. If the commission approves the $94,000 expenditure, $78,000 of it will be offset by the surcharge funds. Mayor Vandergrift asked what is currently budgeted for the radios. Chief Brown answered that $94,000 has been budgeted. Further discussion ensued. Chief Brown stated that the City knew that the money would be coming to Ocoee. Orange County originally thought that the County would purchase the radios for Ocoee and maintain the title to the radios, but found out that such is not the case according to their legal counsel. The city manager added that the reason the item is an emergency is because the sale ends as of December 15`h. On behalf of resident R.P. Monacky, Mayor Vandergrift asked Chief Brown if he heard about the ridicule that Orange County went through when they overpaid for radios. Chief Brown responded that he had not heard about the matter. Mr. Monacky stated that there are cheaper radios. Chief Brown answered that there are other products which the County purchased that are cheaper and they are not happy with some of those products. Page 3 of 13 City Commission Regular December 1, 2009 Commissioner Wilsen, seconded by Commissioner Johnson, moved to approve staffs recommendation of spend up to $94,000 for digital radios. The motion carried 5-0. E. COMMISSIONERS ANNOUNCEMENTS Commissioner Hood 1) thanked Pastor Howell and his members for inviting them to Glad Tidings a couple of weekends ago for "Friend Day". It was a great service and they had a great time. 2) wanted to let everyone know that Wayne Hurst had received a call on Wednesday that he has received a donor match for a kidney. He has received his new kidney and everything is going well. Mayor Vandergrift announced that he heard Mr. Hurst would be going home today. He briefly shared that Mr. Hurst had donated his kidney to a stranger several years back and was recently diagnosed with kidney failure in his only remaining kidney. 3) reminded everyone that the Christmas Parade is this Saturday, December 5th at 10 a.m. 4) hoped everyone had a great Thanksgiving Holiday. 5) said Ocoee High School won the Larry Gergely Bowl over Cypress Creek. 6) reminded everyone that Ocoee Youth Soccer is starting up and when driving down A.D. Mims near the fields to be aware to look out for the soccer players. Commissioner Wilson 1) reminded everyone that December 8th -15th Operation Santa will be taking place. They will be driving through neighborhoods throughout Ocoee collecting toys for the Toys for Tots Program. 2) thanked Keith Hendrix for the beautiful Christmas Tree in the lobby. Commissioner Johnson 1) talked about the recent National League of Cities Conference and classes they attended to learn about things that will benefit the city. He further stated one of the things they brought back was a compost bucket which they feel the Mayor would appreciate. They have asked for the city to get 25 compost containers and would like to get 25 volunteers (5 picked from each commission district) to participate in this effort toward a green city. Commissioner Keller 1) said the Ocoee High School Chorus will be performing "A Very Merry Merry Christmas" on December 4' 2009 at 7:00 p.m. 2) said December 8, 2009 at 7:00 p.m. the Ocoee High School Band will be doing their Winter Concert out at the High School. 3) December 5, 2009 is the Ocoee Christmas Parade and he encourages everyone to come out for that. Mayor Vandergrift 1) apologized to everyone for his gazette not getting out on time. He's computer has a virus and he is working on it. 2) announced that during the Thanksgiving weekend the Police Department ran some people off of the Soccer Field and told them the Mayor wanted them to get off. He further stated he does not have any power to tell anyone to get off of anything and hopes that the Police Officer who did that will not do it again. 3) said tomorrow night at UCF he will be flipping the switch to light up UCF. He's wife chorus will also be performing. The admission price for ice skating will be $12.00; however, $2.00 will be returned back to the city. 4) announced they have a Safety Notice #4 from Clow Valve Company which seeks immediate fixes for Fire Hydrants in Florida. F. CONSENT AGENDA Commissioner Wilsen, seconded by Commissioner Keller, moved to approve Consent Agenda Items #1 - #8, excluding Item #2 to be pulled for discussion. Motion carried 5-0. Page 4 of 13 City Commission Regular December 1, 2009 1. Approval of the Regular City Commission Minutes held on November 17, 2009. (City Clerk Eikenberry) Approved on Consent. Motion carried 5-0. 2. Appointment to the Police Officers and Firefighters Retirement Trust Fund Board of Trustees. (City Clerk Eikenberry) Each member of the Police Officer's and Firefighter's Retirement Trust Fund Board of Trustees, as amended in Ordinance 2002-013, serves atwo-year term. The City Commission appoints two of the trustees from applications received, two are elected from the employee body (one police officer and one firefighter), and the fifth trustee is chosen by those four trustees and presented to the City commission for certification of the appointment as a ministerial act. One vacant trustee position, previously filled by Nora Gledich, has a term remaining until September 30, 2010. R. Wayne Vaughn has indicated he is willing to serve until the term ends, and has submitted an application. There are no other applications on file at this time. There was discussion with regard to an additional application that was received after the agenda process from William Maxwell. Mr. Maxwell was present and said he would concede the position to the resident who filed first or do whatever the commission wishes. Commissioner Wilsen, seconded by Commissioner Keller moved to appoint R. Wayne Vaughn to fill the unexpired vacated term on the Police Fire Pension Board which shall expire September 30, 2009. Motion carried 5-0. 3. Approval to Piggyback Palm Beach County Contract #08051 for the Provision and Installation of Playground Equipment at Prairie Lake Park. (CIP Manager Butler) As part of the overall plan for improvement of Prairie Lake Park, the City is expanding the existing playground area currently located in the park. The existing equipment was purchased in 2005 from Playmore Recreational Products, Inc. as part of the first phase of construction. Installing the new playground equipment is a requirement of the $200,000 Florida Recreation Development Assistance Program (FRDAP) grant the City for the second phase of the project. Staff is requesting permission to piggyback the Palm Beach County playground equipment contract (No. 08051) to have Playmore Recreational Products, Inc. supply and install the new playground equipment. Using equipment from the same supplier through the Palm Beach County contract will enhance the appearance of the fmished multi-phase project while still enjoying the benefits of competitive bidding. Approved on Consent. Motion carried 5-0. 4. Approval of Award of Bid #B10-O1 Prairie Lake Park on Lake Hackney to the Watauga Company in the Amount of $231,540.36. (Purchasing Agent Tolbert) Bids were received for the construction of improvements at Prairie Lake Park. The project consists of furnishing the labor, material, equipment, tools, services and other incidentals required to construct improvements to the Prairie Lake Park. The construction consists generally of site preparation, demolition, stormwater, construction of new asphalt drive, concrete walks, fencing, restroom, volleyball court, basketball court, bike rack, nature trail, and landscaping. Approved on Consent. Motion carried 5-0. Page 5 of 13 City Commission Regular December 1, 2009 5. Approval for Prairie Lake Boat Dock Construction. (CIP Manager Butler) The City of Ocoee applied for and was awarded a $200,000 matching grant under the Florida Recreation Development Assistance Program (FRDAP) to complete a number of improvements at the City's Prairie Lake Park. Among the portions of the proposed project funded by the FRDAP grant is a boat dock extending into Lake Hackney. The construction of the proposed boat dock is similar to an observation pier recently completed on Lake Moxie in the City's Central Park. The plan is to construct aneight-foot-wide boat dock extending 70 feet from the wetlands buffer line with a 12 ft. by 12 ft. terminal platform and a16 ft. by 8 ft. floating platform with aluminum ramp. The floating dock, which would be placed longitudinally across the end of the higher structure, would provide a means for boating users to access their vehicles from the structure. (They presently have to wade to the boat after launching.) Approved on Consent. Motion carried 5-0. 6. Approval for Central Park Boat Dock Extension. (CIP Manager Butler) An observation pier was recently completed on Lake Moxie in the City's Central Park. As part of the next phase of improvements to that park, the City plans to construct asand-bottom, non-motorized boat ramp adjacent to the pier. The observation pier is too high above the water to serve effectively as a boat dock, so staff solicited bids from dock construction companies to build and install a 16 ft. by 8 ft. floating platform with aluminum ramp at the end of the pier. The floating dock, which would be placed longitudinally across the end of the higher structure, would both eliminate the ability for illicit divers to use the higher platform and provide a means for boating users to access their vehicles from the structure. (They would otherwise have to wade to the boat after launching.) The cost proposal is $7,296.00 for the floating platform and gangway, plus an additional $500 to modify the existing pier to mount the gangway. The price for the work is based on award of the similar construction at Prairie Lake Park. Approved on Consent. Motion carried 5-0. 7. Approval of Fountains at Highland Park (AKA: Fountains at Tivoli Place) -Request for a One (1) Year Time Extension of the Approved Preliminary Subdivision/Site Plan. (Principal Planner Fabre) On November 18, 2008, the City Commission approved a PUD/Rezoning, Land Use Plan and Preliminary Subdivision/Site Plan for the Fountains at Highland Park (AKA: Fountains at Tivoli Place) project. The Preliminary Subdivision/Site Plan allows for amixed-use development consisting of professional office, medical office, and accessory retail and restaurant. On November 18, 2009, the Development Services Department received a letter from the developer/owner of the property requesting for a one (1) year time extension of the Preliminary Subdivision/Site Plan approval. Approved on Consent. Motion carried 5-0. 8. Approval for Purchase of Outdoor Movie Screen for the Movie in the Park Program. (Parks and Recreation Director Hayes) The City staff is requesting that the Honorable Mayor and City Commission authorize the purchase of a 20' x 11' inflatable movie screen from Open Air Cinema, in the amount of $6,330.25. The new screen is being requested in order to upgrade from the current screen which is 13' x 6', and is intended to enhance the viewing enjoyment of spectators attending the Movie in the Park program. Funds are available in a grant that the Parks and Recreation Department received from the Hartle M. Bowness Charitable Trust Fund. Approved on Consent. Motion carried 5-0. G. FIRST READING OF ORDINANCE 9. West Colonial Parcel (Walia). (Second Reading and Public Hearing scheduled for December IS, 2009, Regular Commission Meeting at 7:15 p. m. or soon thereafter). (Sensor Planner Howell) The subject property is located south of SR 50 and north of the Florida Turnpike in unincorporated Orange County. The applicant is proposing to develop a three lot commercial subdivision on the subject property. Page 6 of 13 City Commission Regular December 1, 2009 a. Annexation City Attorney Rosenthal read the title of the annexation ordinance. Mayor Vandergrift announced the Second Reading and Public Hearing scheduled for December 15, 2009, Regular Commission Meeting at 7:15 p.m. or soon thereafter as practical. b. Rezoning City Attorney Rosenthal read the title of the rezoning ordinance. Mayor Vandergrift announced the Second Reading and Public Hearing scheduled for December 15, 2009, Regular Commission Meeting at 7:15 p.m. or soon thereafter as practical. H. PUBLIC HEARING 10. Unnamed Road Right-of--Way Vacation Resolution. (Advertised in the Orlando Sentinel Legal Classified on Thursday, November 19, 2009). (Principal Planner Fabre) The subject unnamed fifteen (15) feet wide right-of--way runs in an east-west direction from the easterly right- of-way line of Jacob Nathan Boulevard to the westerly right-of--way line of Clarke Road as depicted on the attached Location Map. T'he subject right-of--way also lies between two vacant commercial properties. The property to the north is programmed to be "Oaks Commerce Center" development on Lot 1 of Goodman Centre subdivision and to the south is the proposed "Ocoee Town Shops" development. This vacation is requested by the property owner to the south who will incorporate it into the Ocoee Town Shops' property. Historically, the northern fifteen (15) feet of said unnamed right-of--way was previously re-platted as part of Lot 1 of Goodman Centre. This Item was heard between Item 11-B and Item 11-C City Attorney Rosenthal read the title of the resolution. Mayor Vandergrift opened the Public Hearing. There being no one wishing to speak, the Public Hearing was closed. Commissioner Hood, seconded by Commissioner Wilsen, moved to adopt Resolution No 2009-007, approving the right of way vacation as presented by staff. Motion carried 5-0. The resolution as adopted carries the following title: RESOLUTION NO. 2009-007 A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, ABANDONING AND VACATING THAT PORTION OF THAT CERTAIN UNNAMED FIFTEEN (15) FOOT WIDE UNIMPROVED PUBLIC RIGHT OF WAY, LYING BETWEEN THE EASTERLY RIGHT OF WAY LINE OF JACOB NATHAN BOULEVARD AND THE WESTERLY RIGHT OF WAY LINE OF CLARKE ROAD AS DEPICTED ON THE PLAT OF LAKE LOTTA GROVES, PLAT BOOK E, PAGE 52 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, SAID RIGHT OF WAY LYING AND BEING IN SECTION 21, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; PROVIDING FOR THE RESERVATION OF A PUBLIC UTILITY EASEMENT; PROVIDING FOR RECORDATION; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. Page 7 of 13 City Commission Regular December 1, 2009 I. SECOND READING OF ORDINANCE -PUBLIC HEARINGS 11. Ocoee Town Shops. (Advertised in the Orlando Sentinel Legal Classified on Thursday, November 19, 2009). (Principal Planner Fabre) The subject site is approximately 3.38 acres in size and is located on the northwest corner of Clarke Road and W. Colonia Drive (SR 50). The property is currently zoned Professional Offices & Services (P-S) with a Future Land Use designation of "Professional Offices & Services" which allows for a Floor Area Ratio of 3.0. "The subject property is currently vacant, undeveloped and heavily wooded. a. Small Scale Comprehensive Plan Amendment - (PUBLIC HEARING) City Attorney Rosenthal read the title of the ordinance. Principal Planner Fabre gave a presentation summarizing Items A-D and explaining that the right of way vacation (Item #10) needs to be approved in conjunction with this project. He reminded the Commission that developer David Evans did a presentation to the commission on August 18`" to let the commission know what was coming. Mayor Vandergrift asked what happens if we approve this and then submit our Evaluation Appraisal Report (E.A.R.) and the EAR is not approved, what happens. City Attorney Rosenthal explained that we have had delays in Comprehensive Plan Amendments because of the EAR based Comprehensive Plan Amendments. Staff and the applicant have tried to figure out a way to get things voted on. There is still uncertainty associated with the EAR and there would be an additional level of uncertainty if the elected officials did not vote in favor of a project. He added that what we have done will necessitate the ordinance is passed tonight and adopted at a subsequent date. Staff has been informed there is a possibility that DCA may require the Public Hearing be repeated, but for now the Commission would be on the record. Once the EAR based Comprehensive Plan amendments are passed on first reading or the transmittal hearing there is an initial review of sufficiency by the Department of Community Affairs. That will be the trigger that lifts the ban and allows the City to do Comprehensive Plan Amendments again. Under the statute, the City then has one year to address comments based on the EAR. You don't have to continue with the ban. We have drafted language in ordinance showing a disclosure that the commission cannot adopt based on the EAR based amendments and sets an adoption date at a future time which is triggered to the date you can legally adopt and calls today the date you have "passed" the ordinance. We feel the worst that could happen is that DCA would require a do-over, but we feel there is a reasonable chance that we can move forward without doing that. Mayor Vandergrift opened the Public Hearing. David Evans, Evans Engineering, said he is here with Project Consultant Doug Kinson on behalf of Vista Pointe. He said he would be happy to answer any questions. He said they confer with staff comments and recommendations. Mayor Vandergrift closed the Public Hearing. City Attorney Rosenthal directed Commissions' specific attention to staff recommendation and all of the specific contingencies included in staff recommendation. Mayor Vandergrift, seconded by Commissioner Wilsen, moved to adopt Ordinance No. 2009-034 approving the Small Scale Comprehensive Plan Amendment, per staff recommendations including the list of contingencies. Motion carried 5-0. Page 8 of 13 City Commission Regular December 1, 2009 Ordinance as adopted carries the following title: ORDINANCE NO. 2009-034 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA AMENDING THE OCOEE COMPREHENSIVE PLAN AS ADOPTED ON SEPTEMBER 18, 1991 BY ORDINANCE NO. 91-28, AS AMENDED, AS FOLLOWS: AMENDING THE FUTURE LAND USE MAP TO REDESIGNATE FROM "PROFESSIONAL OFFICES & SERVICES" TO "COMMERCIAL," CERTAIN REAL PROPERTY CONTAINING 3.39 ACRES (MORE OR LESS) LOCATED NORTH OF AND ADJACENT TO STATE ROAD 50 AND WEST OF AND ADJACENT TO CLARKS ROAD, PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL FUTURE LAND USE MAP; REPEALING CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR A DEFERRED ADOPTION DATE IN COMPLIANCE WITH SECTION 163.3187(6)(a), FLORIDA STATUTES; PROVIDING FOR AN EFFECTIVE DATE. b. Rezoning/PUD Land Use Plan- (PUBLIC HEARING) City Attorney Rosenthal read the title of the ordinance. Mayor Vandergrift opened the Public Hearing. There being no one wishing to speak, the Public Hearing was closed. Commissioner Keller, seconded by Commissioner Wilsen, moved to adopt Ordinance No 2009-031 approving the rezoning/PUD Land Use Plan per staff recommendations. Motion carried 5-0. Ordinance as adopted carries the following title: ORDINANCE N0.2009-031 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA ESTABLISHING OCOEE "PUD" ZONING, PLANNED UNIT DEVELOPMENT DISTRICT, FOR CERTAIN REAL PROPERTY COMPRISING APPROXIMATELY 3.39 ACRES LOCATED NORTH OF AND ADJACENT TO STATE ROAD 50 AND WEST OF AND ADJACENT TO CLARKS 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 AS OF THE ADOPTION DATE OF THIS ORDINANCE; PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL CITY ZONING MAP; REPEALING INCONSISTENT ORDINANCES; PROVIDING AN ADOPTION DATE AND AN EFFECTIVE DATE. c. Preliminary Subdivision/Site Plan (PUBLIC HEARING) Mayor Vandergrift opened the Public Hearing. There being no one wishing to speak, the Public Hearing was closed. Commissioner Keller, seconded by Commissioner Wilsen, moved to approve the Preliminary Subdivision/Site Plan. Motion carried 5-0. Page 9 of 13 City Commission Regular December 1, 2009 d. Development Agreement City Attorney Rosenthal stated that the adoption date will also be delayed due to the EAR. We are going to go ahead and record it with a provision that provides the clerk to subsequently record a notice when the adoption date happens and everything triggers at that point. Commissioner Wilsen, seconded by Commissioner Keller, moved to approve the Development Agreement per staff recommendation. Motion carried 5-0. City Attorney Rosenthal asked NIr. Evans to get an original copy of the Joinder and Consent agreement to the City Clerk and he agreed. 12. Shoppes at the Village. (Advertised in the Orlando Sentinel Legal Classified on Thursday, November 19, 2009). (Principal Planner Fabre) The Shoppes at the Village property is located on the northwest corner of Silver Star Road and Bluford Avenue. The subject property physical address is 300 North Bluford Avenue. The subject site is approximately 0.91 acres in size and is zoned R-lAA (Single-Family Dwelling). The property is currently vacant, undeveloped and moderately covered with a mixture of Maple, Cedar, China Berry and Oak trees. a. Small Scale Comprehensive Plan Amendment - (PUBLIC HEARING) City Attorney Rosenthal read the title of the Small Scale Comprehensive Plan ordinance. Mayor Vandergrift opened the Public Hearing. Commissioner Keller, seconded by Commissioner Johnson, moved to continue this hearing to a time certain of December 15, 2009, at the applicant's request. Motion carried 5-0. b. Rezoning - (PUBLIC HEARING) City Attorney Rosenthal read the title of the rezoning ordinance. Mayor Vandergrift opened the Public Hearing. Commissioner Keller, seconded by Commissioner Johnson, moved to continue this hearing to a time certain of December 15, 2009, at the applicant's request. Motion carried 5-0. c. Approval of Small-Scale Site Plan Waivers This item will also be moved to December 1 S, 2009. 13. Ordinance Regarding Referendum Charter Changes. (Advertised in the Orlando Sentinel Legal Classified on Sunday, November 22, 2009). (City Clerk Eikenberry) Section C68 of the City Charter states: Any proposed Charter amendments accepted by the City Commission shall be adopted by ordinance and submitted to the electors of the city for consideration no later than the next general municipal election or at a special election called by the City Commission for such purposes. City Attorney Rosenthal read the title of the ordinance. City Attorney Rosenthal noted that a memo from him had been distributed on the dais explaining the need to add some additional language in Section C-19 as to the required Page 10 of 13 City Commission Regular December 1, 2009 percentage of voters needed for signatures in initiative elections. Section C-19 should have "as of the last preceding municipal general election" added as shown in the memorandum. Commissioner Hood, seconded by Commissioner Keller moved to adopt Ordinance 2009-030, approving the changes to the City Charter to be submitted to referendum election on March 9.2009. Motion carried 5-0. Ordinance as adopted carries the following title: ORDINANCE NO. 2009-030 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA PROPOSING CERTAIN AMENDMENTS TO THE CHARTER OF THE CITY OF OCOEE; PROVIDING FOR AN AMENDMENT TO THE CHARTER ALLOWING CENSURE OF MEMBERS BY THE CITY COMMISSION; PROVIDING FOR AN AMENDMENT TO THE CHARTER WITH RESPECT TO INITIATIVE AND REFERENDUM ORDINANCES; PROVIDING FOR AN AMENDMENT TO THE CHARTER REGARDING TERMINATION OF THE CITY MANAGER; PROVIDING FOR AN AMENDMENT TO THE CHARTER REGARDING THE CANVASSING BOARD AND THE CONDUCT OF ELECTIONS; PROVIDING FOR AN AMENDMENT TO THE CHARTER REGARDING THE CHARTER REVIEW COMMISSION SENDING AMENDMENTS DIRECTLY TO THE VOTERS; PROVIDING FOR AN AMENDMENT TO THE CHARTER REGARDING THE EFFECT OF REDISTRICTING ON INCUMBENT MEMBERS OF THE CITY COMMISSION; PROVIDING FOR AN AMENDMENT TO THE CHARTER REGARDING THE FILLING OF VACANCIES ON THE CITY COMMISSION; PROVIDING FOR AN AMENDMENT TO THE CHARTER ADDRESSING SCRIVENERS ERRORS, PREAMBLES, RECLAIMED WATER, NOTICING OF SPECIAL MEETINGS, THE DEPUTY CITY CLERK AND ADOPTION OF THE BUDGET; PROVIDING FOR A REFERENDUM FOR APPROVAL OR REJECTION OF THE PROPOSED AMENDMENTS BY THE ELECTORS OF THE CITY OF OCOEE; PROVIDING FOR AND AUTHORIZING FURTHER ACTS TO IMPLEMENT THIS ORDINANCE; PROVIDING FOR SEVERABILITY AND CONFLICTS; PROVIDING AN EFFECTIVE DATE. J. REGULAR AGENDA 14. Discussion and Direction Regarding Sign Construction at Ocoee High School. (CIP Manager Butler) City engineering staff was directed to prepare construction plans showing how historical artifacts from the original Ocoee High School building could be used at the new high school. The design developed proposes to use major structural artifacts to create an entrance sign and a commemorative monument at the new high school. CIP Manager Butler explained construction plans for displaying historical artifacts at Ocoee High School. Commissioner Wilsen and Commissioner Keller expressed concerns for spending $20,000 on a project like this when there is only $50,000 in the contingency fund for the whole year. Mavor Vanderarift, seconded by Commissioner Wilsen moved to present the project to the School Board to see if they will cooperate; if nothing has been done within a year to discuss at the time of the budget process. Motion passed 4-1 with Commissioner Johnson opposed. Page 11 of 13 City Commission Regular December 1, 2009 Commissioner Johnson said if it is okay with the Commission he will go ahead and move forward with this on his own and try to get funds raised. He advised CIP Manager Butler he would contact the principal and engineering department at the school. 15. Approval of Tennis Courts Reconstruction at Tiger Minor Park. (CIP Manager Butler) The City Commission budgeted funds in FY 2009 to repair the two tennis courts at Tiger Minor Park and subsequently accepted the conceptual plan developed by Bellomo-Herbert for various improvements to that park. One of the more significant elements of those improvements was the construction of a six-court tennis complex for the city. Price proposals have been received that suggest project funds are adequate to construct at least half of the six-court facility. CIP Manager Butler gave a presentation of the various options for tennis courts at Tiger Minor Park. He concluded that staff recommendation was to build the 3 courts at the new location at Tiger Minor Park and include other repairs at Central Park and Coventry that had already been planned. Commissioner Hood seconded by Commissioner Keller moved to approve the project per staff recommendations including using the extra money to create the sidewalk between parking lots and to make it handicapped accessible. Motion carried 5-0. Discussion followed regarding an issue with people wanting to use field over Thanksgiving weekend and about the success of over-seeding the grass at Central Park. K. STAFF ACTION ITEMS -none L. COMMENTS FROM COMMISSIONERS Commissioner Keller announced the following, 1)The Ocoee Lions Club, Rotary Club, and friends and family of Wayne Hurst will be hosting a benefit for Wayne Hurst on December 12th next to the Ocoee Girl's Club. This festival will include a turkey shoot, bounce houses, car smashing, face painting, fire engines, raffles, and more. The turkey shoot begins at 8 a.m. and the festival is from 10 a.m. to 5 p.m.; 2) The Ocoee High School looks for your support on December 4th and 8th to come out and hear the band and choir; 3) Reported that the Christmas lights and banners will be put out this week and would be completed by the time of the parade. Commissioner Johnson reminded our Parks Department that it has been two weeks since the meeting regarding Freedom Park and we had six weeks to get stuff together with the HOA and the homeowners. City Manager Frank remembered the discussion to talk to the coaches down there and such, and thought they were going to get in touch with the City. Parks and Recreation Director Hayes said he would put all that information together and set up a meeting with the city manager. Commissioner Johnson asked to be copied on that and Mr. Hayes said he would. Commissioner Wilsen asked for support of the Operation Santa that begins on December 8th and runs through 15th, and also the Toys for Tots program run by our police department. Commissioner Hood 1) Reminded everyone of the Christmas Parade in Ocoee this Saturday, December 5th at 10 a.m.; 2) Noted that the grand opening signs around the Publix shopping center have been up for about four months now and he asked the city manager if he could request Page 12 of 13 City Commission Regular December 1, 2009 those be removed. City Manager Frank agreed; 3) Commissioner Hood asked Chief Brown of the status of Central Park after the many complaints of illegal activity there. Chief Brown said they are continuing their directed enforcement but has not heard of any more problems. Commissioner Hood asked if they could get trash picked up more than once per week at Central Park. He said there was graffiti painted on the trash containers at Vignetti Park. City Manager Frank announced he would address those issues at tomorrow's staff meeting; 4) Commissioner Hood asked everyone to drive safe and have a happy holiday season. Mayor Vandergrift 1) Asked the city manager for an operations vacation calendar for commissioners so they would know who is out and when; 2) Inquired if a golf cart ordinance was being worked on; said that was a source of income. Chief Brown said they were putting one together and needed some parameters from the attorney. He said he would check the Winter Garden ordinance to see what they do as far as permits and such; 3) Asked about the status on the red light cameras. Chief Brown said the camera on Maguire Road continues to support traffic safety, but there is a little decline in fines so hopefully people are getting the message; 4) Mentioned a large drop off hole on the southwest corner of Clarcona-Ocoee Road and Adair Street. Commissioner Hood said he's called about that before and it is in Orange County and they are preparing to four-lane that road. Mayor Vandergrift asked if we could get our staff to fill the hole. ADJOURNMENT The meeting was adjourned at 9:53 p.m. Attest: ~-, ~ 1 .~ ikenberry, City Clerk APPROVED: City of Ocoee 9 -~ S. Scott Vandergrift, Mayo Page 13 of 13