CITY COMMISSION AND COMMUNITY REDEVELOPMENT AGENCY AGENDA CITY HALL CHAMBERS 251 W. Plant Street

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1 CITY COMMISSION AND COMMUNITY REDEVELOPMENT AGENCY AGENDA CITY HALL CHAMBERS 251 W. Plant Street REGULAR MEETING FEBRUARY 14, :30 P.M. CALL TO ORDER Determination of a Quorum Invocation and Pledge of Allegiance 1. APPROVAL OF MINUTES Regular Meeting of January 24, OATH OF OFFICE City Commissioner District 1 elected January 29, 2008 City Clerk Golden 3. PRESENTATION Possible commercial site at 1500 Daniels Road Jonathon Moore 4. FIRST READING OF PROPOSED ORDINANCE A. Ordinance 08-14: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER GARDEN, FLORIDA AMENDING SECTION OF CHAPTER 102 OF THE CODE OF ORDINANCES OF THE CITY OF WINTER GARDEN CONCERNING PROHIBITED SIGNS WITHIN ALL ZONING DISTRICTS; PROVIDING FOR A MECHANISM TO ENCOURAGE THE ELIMINATION OF EXISTING BILLBOARD SIGNS IN UNDESIRABLE LOCATIONS WITHIN THE CITY BY ESTABLISHING A CITY COMMISSION VARIANCE PROCESS TO FACILITATE THE SUBSTITUTION OF AN EXISTING BILLBOARD IN AN UNDESIRABLE LOCATION WITH A BILLBOARD IN A MORE DESIRABLE LOCATION WITHIN THE CITY; PROVIDING FOR CODIFICATION; PROVIDING FOR CONTROL IN EVENT OF CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE with the second reading and public hearing being held on March 13, 2008 City Manager Bollhoefer 5. SECOND READING AND PUBLIC HEARING OF PROPOSED ORDINANCES A. Ordinance 08-09: AN ORDINANCE OF THE CITY OF WINTER GARDEN, FLORIDA; VACATING APPROXIMATELY 0.07 ACRES OF RIGHT-OF WAY AT THE NORTHWEST CORNER OF LOT 9, PAVEX PARK, PARCEL ID , WINTER GARDEN, FLORIDA; PROVIDING AN EFFECTIVE DATE - Planning Director Williams B. Ordinance 08-12: AN ORDINANCE OF THE CITY OF WINTER GARDEN, FLORIDA, AMENDING CHAPTER 2, ARTICLE V, DIVISION 1 OF THE ELECTIONS ARTICLE OF THE CODE OF ORDINANCES PROVIDING FOR THE APPOINTMENT AND TRAINING OF MUNICIPAL ELECTION BOARD PERSONNEL BY THE ORANGE COUNTY SUPERVISOR OF ELECTIONS AND THE CITY CLERK; PROVIDING THAT ELECTION BOARD PERSONNEL TRAINED FOR A GENERAL ELECTION MAY SERVE ON THE ELECTION BOARD FOR RUN OFF ELECTIONS ARISING THEREFROM WITHOUT ADDITIONAL TRAINING; ALLOWING ELECTION BOARD VACANCIES TO BE FILLED BY THE CITY CLERK; AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE City Clerk Golden 6. REGULAR BUSINESS A. Resolution 08-04: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER GARDEN, FLORIDA ELECTING TO USE THE UNIFORM METHOD OF COLLECTING NON-AD VALOREM SPECIAL ASSESSMENTS LEVIED WITHIN THE INCORPORATED AREA OF THE CITY; STATING A NEED FOR SUCH LEVY; PROVIDING FOR THE MAILING OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE City Manager Bollhoefer B. Resolution 08-05: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER GARDEN, FLORIDA, DECLARING THE RESULTS OF THE GENERAL ELECTION HELD ON JANUARY 29, 2008 FOR MAYOR/COMMISSIONER DISTRICT 5 AND CITY COMMISSIONER OF DISTRICT 1 AND AUTHORIZING ISSUANCE OF A CERTIFICATE City Clerk Golden

2 C. Resolution 08-06: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER GARDEN, FLORIDA, REAFFIRMING THE CITY OF WINTER GARDEN S COMMITMENT TO MAINTAIN A HISTORIC DOWNTOWN POST OFFICE City Manager Bollhoefer D. Request by Foundation Academy for City financial assistance to pay their impact fees of $16,338 for their new campus concession stand and athletic field bathrooms David Stimmell E. Appointment to the City Canvassing Board to replace ineligible District 3 appointee and confirm who the first and second alternates are City Clerk Golden F. Recommendation to approve a 5K run/walk on Saturday, April 19, 2008 and closure of Plant Street downtown corridor from 6 a.m. to 10 a.m. as requested by Tri & Run of West Orange, Inc. with conditions Recreation Director Conn G. Recommendation to approve bids and award contract to Emerald Utilities and Site Development, Inc., for Trunk Line C Phase 5 and award contract to Emerald Utilities to include a five percent contingency totaling $706, Public Services Director Cochran H. Recommendation to approve purchase of a Sold Waste Front-end Loader Truck - Public Services Director Cochran I. Recommendation to approve a professional services agreement with SMW GeoSciences, Inc. for hydro-geological and water resources planning not to exceed $50,000 - Public Services Director Cochran J. Recommendation to approve agreement with Nodarse & Associates, Inc. for environmental, geotechnical and materials testing services - Public Services Director Cochran K. Recommendation to approve preliminary plat for 510 Winter Garden / Vineland Road with conditions Planning Director Williams L. Recommendation to approve site plan for 603 South Main Street with conditions Planning Director Williams M. Recommendation to approve a lease agreement for parking with the Church of the Messiah at the Old Dillard Street Elementary School Site City Manager Bollhoefer Dispense as the City Commission and convene as the Community Redevelopment Agency O. Appoint replacements for prior members Bert Valdes (term expires June 2009) and Pam Stewart (term expires June 2008) on the Community Redevelopment Advisory Board (Continued from December 13, 2007 and January 10, 2008) CRAB Chairman/CRA Member Cappleman Adjourn as the Community Redevelopment Agency and reconvene as the City Commission 7. MATTERS FROM CITIZENS (Limited to 3 minutes per speaker) 8. MATTERS FROM CITY ATTORNEY Kurt Ardaman 9. MATTERS FROM CITY MANAGER Mike Bollhoefer A. 2007/2008 Capital Improvement Project Report by Assistant City Manager Robertson 10. MATTERS FROM MAYOR AND COMMISSIONERS A. Selection of five members to a Downtown Architectural Review Committee and a State Road 50 Overlay Advisory Committee ADJOURN to a regular City Commission meeting on February 28, 2008 in City Hall Chambers Please Note: In accordance with Florida Statutes : Any person who desires to appeal any decision at this meeting will need a record of the proceedings and for this purpose may need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal is based, which such written record is not provided by the City of Winter Garden. Also, in accordance with Florida Statute : Persons with disabilities needing assistance to participate in any of these proceedings should contact the Office of the City Clerk, 251 W. Plant Street, Winter Garden, FL 34787, (407) x hours in advance of the meeting. Page 2

3 ORDINANCE AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER GARDEN, FLORIDA AMENDING SECTION OF CHAPTER 102 OF THE CODE OF ORDINANCES OF THE CITY OF WINTER GARDEN CONCERNING PROHIBITED SIGNS WITHIN ALL ZONING DISTRICTS; PROVIDING FOR A MECHANISM TO ENCOURAGE THE ELIMINATION OF EXISTING BILLBOARD SIGNS IN UNDESIRABLE LOCATIONS WITHIN THE CITY BY ESTABLISHING A CITY COMMISSION VARIANCE PROCESS TO FACILITATE THE SUBSTITUTION OF AN EXISTING BILLBOARD IN AN UNDESIRABLE LOCATION WITH A BILLBOARD IN A MORE DESIRABLE LOCATION WITHIN THE CITY; PROVIDING FOR CODIFICATION; PROVIDING FOR CONTROL IN EVENT OF CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission finds that certain existing legally non-conforming billboard signs are obstructive, unduly distracting and confusing to motorists by diverting attention away from the roadway, and resulting in safety threats to vehicular and pedestrian traffic; and WHEREAS, the City Commission finds that certain existing legally non-conforming billboard signs constitute aesthetic harm by cluttering the urban landscape and traffic corridors of the City; and WHEREAS, the City Commission finds it to be in the best interest of the public health, safety and welfare to encourage the elimination of certain existing legally non-conforming billboard signs by creating a variance process to facilitate the substitution of an existing billboard in an undesirable location with another billboard sign that the City Commission finds less obtrusive, improves the aesthetic character of the City and placed in a more desirable location. NOW, THEREFORE, BE IT ENACTED BY THE CITY OF WINTER GARDEN, FLORIDA, AS FOLLOWS: Section 1: Authority. The City of Winter Garden has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes. Section 2: Adoption. Section of the City of Winter Garden Code is amended to read as follows (words that are stricken out are deletions; words that are underlined are additions): Sec Prohibited signs. The following types of signs are prohibited in all districts: (1) Any sign placed on public property, including the right-of-way, unless authorized by the city commission. (2) Any sign which obstructs a fire escape or window, door or opening used as a means of ingress or egress or which prevents free passage across a roof; and no sign shall be attached in any manner to a fire escape nor shall any sign be placed in a manner that will interfere with any opening required for ventilation. (3) Signs which simulate emergency vehicles, traffic control signals or devices, or which simulate directional, informational and warning signs erected by government or a governmental agency, or by any railroad, public utility or similar agency. (4) Billboard signs, regardless of zoning district. Those billboard signs legally erected in the city prior to June 11, 1987, or legally erected within the unincorporated county prior to annexation into the city will be allowed to remain as nonconforming signs which cannot be rebuilt or replaced if greater than 50 percent of the sign structure or value is destroyed. When the cost of materials to repair or replace the sign exceed 50 percent of the physically depreciated value of the structural materials in the sign immediately prior to the destruction, the criteria of this subsection will be deemed to have been met, and the sign may not be replaced or repaired. For billboard signs not legally in place prior to June 11, 1987, an amortization period ending December 31, 1994, is provided within which period the sign must be removed. Failure to comply with this subsection will result in a violation of this chapter for the property owner and the sign owner. This subsection shall not apply to billboard signs and structures preexisting along federal aid primary highways in the city. However, if a federal aid primary highway is later converted to a nonfederal aid highway, this subsection shall apply to billboards along such highway, becoming effective the first day upon which the highway becomes a nonfederal aid primary highway. No new billboard signs or structures shall be erected in the city. The City Commission shall have the authority to grant a variance to this subsection in those instances where an existing legally non-conforming billboard sign is being eliminated and being replaced with another billboard sign that the City Commission finds less obtrusive, improves the aesthetic character of the City and placed in a more desirable location. Page 3

4 (5) Signs that involve motion or rotation of any part except a time and temperature unit or an automatic changing sign, as defined in section 102-1, in an area zoned commercial or business. (6) Animated signs and flashing signs, and this is not intended to prohibit changing signs, as defined in section SECTION 3: Codification: Section 2 of this Ordinance shall be codified and made part of the City of Winter Garden Code of Ordinances. SECTION 4: Control: In the event of a conflict or conflicts between this ordinance and other ordinances, this ordinance controls. SECTION 5: Severability: It is the intent of the City Commission of the City of Winter Garden, and is hereby provided, that if any section, subsection, sentence, clause, phrase or provision of this Ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall be construed as to render invalid or unconstitutional the remaining provisions of this Ordinance. SECTION 6: Effective Date: This Ordinance shall become effective upon adoption at its second reading. FIRST READING: February 14, SECOND READING AND PUBLIC HEARING:, ADOPTED this day of, 2008, by the City Commission of the City of Winter Garden, Florida. APPROVED: JACK QUESINBERRY, Mayor/Commissioner KATHY GOLDEN, City Clerk S:\AKA\CLIENTS\WINTER GARDEN\GENERAL W \BILLBOARD ORDINANCE\BILLBOARD SIGN ORDINANCE DOC Page 4

5 ORDINANCE AN ORDINANCE OF THE CITY OF WINTER GARDEN, FLORIDA; VACATING APPROXIMATELY 0.07 ACRES OF RIGHT-OF WAY AT THE NORTHWEST CORNER OF LOT 9, PAVEX PARK, PARCEL ID , WINTER GARDEN, FLORIDA; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of property generally known as Lot 9, Pavex Park, Winter Garden, Florida, has petitioned the City of Winter Garden to vacate approximately 0.07 acres of right-of-way at the northwest corner of Lot 9, Pavex Park, and WHEREAS, after due consideration of public comment given at an advertised public hearing, the City has determined that the aforesaid easement is not needed, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF WINTER GARDEN, FLORIDA: SECTION I - The City of Winter Garden hereby vacates all interest in the aforesaid easement as legally described in Exhibit A : SECTION II - Should any portion of this Ordinance be held invalid, then the entire Ordinance shall be null and void. SECTION III: This Ordinance shall become effective upon adoption at its second reading. READ FIRST TIME:, READ SECOND TIME AND PUBLIC HEARING HELD:, APPROVED: JACK QUESINBERRY, Mayor/Commissioner KATHY GOLDEN, City Clerk Page 5

6 Exhibit A Page 6

7 ORDINANCE AN ORDINANCE OF THE CITY OF WINTER GARDEN, FLORIDA, AMENDING CHAPTER 2, ARTICLE V, DIVISION 1 OF THE ELECTIONS ARTICLE OF THE CODE OF ORDINANCES PROVIDING FOR THE APPOINTMENT AND TRAINING OF MUNICIPAL ELECTION BOARD PERSONNEL BY THE ORANGE COUNTY SUPERVISOR OF ELECTIONS AND THE CITY CLERK; PROVIDING THAT ELECTION BOARD PERSONNEL TRAINED FOR A GENERAL ELECTION MAY SERVE ON THE ELECTION BOARD FOR RUN OFF ELECTIONS ARISING THEREFROM WITHOUT ADDITIONAL TRAINING; ALLOWING ELECTION BOARD VACANCIES TO BE FILLED BY THE CITY CLERK; AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE WHEREAS, the Florida Statutes authorize municipalities to adopt procedures for their elections by ordinance; WHEREAS, the City Commission desires to delegate the tasks of appointing and designating election boards and selecting and training poll workers to the Orange County Supervisor of Elections Office whenever possible; WHEREAS, the City Commission desires to provide for the filling of poll worker vacancies on election boards; and WHEREAS, the City Commission desires to supplement the provision of the State Election Code for Election Board training in municipal elections; and THEREFORE, BE IT ENACTED BY THE CITY OF WINTER GARDEN, FLORIDA: SECTION 1. The City Commission of the City of Winter Garden has the authority to adopt this Ordinance pursuant to Chapter 166, Florida Statutes, and Sections 13 and 20 of the City of Winter Garden Charter. SECTION 2. Chapter 2, Article V, Division 1 of the Code of the City of Winter Garden be, and the same is hereby, amended to read as follows: Sec Election board training. The city clerk Orange County Supervisor of Elections shall be responsible for determining the necessary election board requirements for designating the required election boards and appointing, training and providing those poll workers who are to serve on such election boards as inspectors and clerks and for training said inspectors and clerks for all city municipal elections held within the City. To the extent that the Orange County Supervisor of Elections is unavailable or otherwise unable to perform some or all of such duties, the City Clerk shall assume such duties as necessary to ensure the proper conduct of such elections. Such requirements Poll worker qualifications and training procedures shall be consistent with the Florida Statutes. Notwithstanding the foregoing, any person who has received the requisite training as a poll worker for a general election may serve on an election board as a clerk or inspector for any run off election arising from such general election without receiving additional poll worker training. Vacancies on an election board may be filled by either the Orange County Supervisor of Elections or the City Clerk by the appointment of a qualified substitute. SECTION 3. Codification. Section 2 of this Ordinance shall be codified and made a part of the City of Winter Garden Code of Ordinances. SECTION 4. Severability. Should any section, subsection, sentence, clause, phase or portion of this Ordinance 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 thereto. SECTION 5. Effective Date. This Ordinance shall become effective upon the adoption by the City Commission. FIRST READING: January 10, 2008 SECOND READING AND PUBLIC HEARING: February 14, 2008 Jack Quesinberry, Mayor Kathy Golden, CMC, City Clerk Page 7

8 RESOLUTION NO A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER GARDEN, FLORIDA ELECTING TO USE THE UNIFORM METHOD OF COLLECTING NON-AD VALOREM SPECIAL ASSESSMENTS LEVIED WITHIN THE INCORPORATED AREA OF THE CITY; STATING A NEED FOR SUCH LEVY; PROVIDING FOR THE MAILING OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Winter Garden, Florida (the City ) is contemplating the imposition of special assessments for the provision of fire protection services beginning with Fiscal Year ; and WHEREAS, the City intends to use the uniform method for collecting non-ad valorem special assessments for the cost of providing fire protection services to property within the incorporated area of the City beginning with Fiscal Year as authorized by section , Florida Statutes, as amended, because this method will allow such special assessments to be collected annually commencing in November 2008, in the same manner as provided for ad valorem taxes; and WHEREAS, the City held a duly advertised public hearing prior to the adoption of this Resolution, proof of publication of such hearing being attached hereto as Exhibit A. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER GARDEN, FLORIDA that: Section 1. Section 2. Section 3. Section 4. Section 5. Recitals. The foregoing recitals are herby affirmed and ratified. Electing to Use. Commencing with the Fiscal Year beginning on October 1, 2008, and with the tax statement mailed for such Fiscal Year, the City intends to use the uniform method of collecting nonad valorem assessments authorized in section , Florida Statutes, as amended, for collecting non-ad valorem assessments for the cost of providing fire protection services. Such non-ad valorem assessments shall be levied within the incorporated area of the City beginning with Fiscal Year A legal description of such area subject to the assessment is attached hereto as Exhibit B and incorporated by reference. Need To Levy. The City hereby determines that the levy of the assessments is needed to fund the cost of fire protection services within the incorporated area of the City beginning with Fiscal Year Publishing Dates. Pursuant to section , Florida Statutes, the Orange County Property Appraiser and the Orange County Tax Collector have agreed that the City may have until March 1, 2008 to adopt this Resolution, such agreements being attached hereto as Exhibit C and incorporated herein by reference. Delivery. Upon adoption, the City Clerk is hereby directed to send a copy of this Resolution by United States mail to the Florida Department of Revenue, the Orange County Tax Collector, and the Orange County Property Appraiser by March 10, Section 6. Effective Date. This Resolution shall become effective immediately upon adoption. Jack Quesinberry, Mayor Kathy Golden, CMC, City Clerk Page 8

9 RESOLUTION A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER GARDEN, FLORIDA, DECLARING THE RESULTS OF THE GENERAL ELECTION HELD ON JANUARY 29, 2008 FOR MAYOR/COMMISSIONER DISTRICT 5 AND CITY COMMISSIONER OF DISTRICT 1 AND AUTHORIZING ISSUANCE OF A CERTIFICATE WHEREAS, on January 29, 2008, a General Election was conducted in accordance with the Charter and Ordinances of the City of Winter Garden, and the State of Florida Election Code; and WHEREAS, the Registration Book closing for the election reflected that the total Registered Voters in District 1, Precinct 1103 is 2,888; and WHEREAS, the Registration Book closing for the election reflected that the total Registered Voters in District 5, Precinct 5103 is 13,087; and WHEREAS, the City Clerk for Winter Garden has obtained the Certificate of Election Results from the County Canvassing Board, which is hereby made a part of this Resolution, for the purpose of electing the Mayor/Commissioner District 5 and City Commissioner District 1. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER GARDEN, FLORIDA, that we do hereby declare that: - H. GERALD JOWERS is duly elected as City Commissioner of District 1 to serve a three-year term; and - MACK MCLAUGHLIN and JOHN REES having received the most votes of the three candidates for Mayor/Commissioner District 5 but did not receive the required majority of the total votes cast will therefore have their names appear on the run-off election ballot to be held on February 26, and hereby authorizes the City Clerk to issue the candidate elected for District 1 a Certificate of Election. This Resolution is duly adopted at a regular meeting of the City Commission of the City of Winter Garden, Florida, held on the 14 th day of February Jack Quesinberry, Mayor Kathy Golden, CMC, City Clerk Page 9

10 RESOLUTION A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER GARDEN, FLORIDA, REAFFIRMING THE CITY OF WINTER GARDEN S COMMITMENT TO MAINTAIN A HISTORIC DOWNTOWN POST OFFICE WHEREAS a post office is an incalculable economic and social asset to our historic downtown area for businesses and residents; and WHEREAS the City originally purchased the post office building and provided the United States Postal Service with a lease at cost for the purpose of maintaining the their original downtown location; and WHEREAS the United States Post Office has stated they are committed to keeping the post office in downtown; and WHEREAS the staffing and service at the downtown post office has recently been reduced; and WHEREAS the City is concerned that such staff reductions is having a direct affect on service levels and is jeopardizing the long-term viability of the downtown post office; and WHEREAS the City desires to make it known that we implore the United States Postal Service restore the staffing and services to their previous levels for the benefit of our businesses and residents. Florida: NOW, THEREFORE BE IT RESOLVED by the City Commission of the City of Winter Garden, SECTION 1. The City, by copy of this Resolution, requests the United States Post Office restore staffing and services at the downtown post office to their previous levels. SECTION 2. The City, by copy of this Resolution, encourages the assistance of Senator Mel Martinez, Senator Bill Nelson, and Representative Ric Keller in this endeavor. goal. SECTION 3. The City will direct the City lobbyist to provide services as necessary to accomplish this SECTION 4. The City will take any other further action necessary to ensure that staffing and service levels are restored to prior levels of service. PASSED AND RESOLVED this 14th day of February, 2008, by the City Commission of the City of Winter Garden, Florida. Jack Quesinberry, Mayor / Commissioner Kathy Golden, City Clerk Page 10