HomeMy WebLinkAboutItem 01 Approval of the Minutes for the Regular City Commission Meeting held June 18, 2019 MINUTES
REGULAR CITY COMMISSION MEETING
JUNE 18,2019
CALL TO ORDER- 6:14 PM
Mayor Johnson called the regular session to order at 6:14 PM in the Commission Chambers of
City Hall. The invocation was led by Commission Firstner followed by the Pledge of Allegiance
to the Flag led by Commissioner Wilsen. City Clerk Sibbitt called the roll and declared a
quorum present.
Present: Commissioner Brinson,Commissioner Wilsen,Mayor Johnson,Commissioner Firstner
Absent: Commissioner Oliver
Also Present: City Manager Frank, City Attorney Cookson, City Clerk Sibbitt
PRESENTATIONS AND PROCLAMATIONS - None
STAFF REPORTS AND AGENDA REVIEW- 6:16 P
City Manager Frank announced the City Attorney has placed an Emergency Item pertaining to
the First Amendment to Purchase and Sale Agreement and Joint Instruction. City Attorney
Cookson explained that back in March the City Commission approved a contract to sell property
at Clarke Road and A.D. Mims Road to Meritage Homes for residential development. The
developer's inspection period is approaching an end, and the City is still waiting on a legal
description from the surveyor to better define the property. Meritage Home is requesting a one-
week extension in order to obtain the legal description. They have submitted their deposit in good
faith expecting to receive the legal description. Staffs recommendation is to approve the first
amendment to the contract in order to give Meritage Homes an extra week to obtain the legal
description for the property. City Manager Frank inquired if authority could also be given to
himself and the City Attorney to add another week, if needed, as the July 2nd City Commission
Meeting has been cancelled. City Attorney Cookson concurred with his suggestion.
Motion: Move to approve First Amendment to Purchase and Sale Agreement and
Joint Instructions with Meritage Homes; and further, authorize the City Manager
and City Attorney to approve an additional week extension should such request
be needed by Meritage Homes. Moved by Commissioner Wilsen, seconded by
Commissioner Firstner; Motion carried 4-0 with Commissioner Oliver absent.
COMMISSIONERS ANNOUNCEMENTS -None
CONSENT AGENDA- 6:20 PM
Consent Agenda Motion
Motion: Move to adopt the Consent Agenda Items #1 - #15; with Item # 4 and #7
to be pulled for discussion and separate consideration.
Moved by Commissioner Wilsen, seconded by Commissioner Firstner; Motion
carried 4-0 with Commissioner Oliver absent.
Regular City Commission Meeting
June 18,2019
1. Approval of the Minutes for the Regular Commission Meeting held June 4,2019. (City
Clerk Sibbitt)
Approved on Consent. Motion carried 4-0 with Commissioner Oliver absent.
2. Approval of New Appointments to the Citizen Advisory Council for Ocoee Police
Department. (City Clerk Sibbitt)
Members of the Citizen Advisory Council for Ocoee Police Department serve a three-year term. The
Resolution creating the Board allows no more than fifteen (15) members. Currently, the Board has eleven
(11) members. Two applications were received by Annette Wilson-Brown and Darryl Braunskill, Sr., who
have shown an interest in being appointed to the Citizen Advisory Council for Ocoee Police Department for
a term ending January 2022.
Approved on Consent. Motion carried 4-0 with Commissioner Oliver absent.
3. Approval of Scope of Work and Fee Proposal from GAI for the CEI Services for
Medians on State Road 50 for the FDOT Beautification Grant. (Deputy Development
Services Director/CRA Administrator Corless)
On September 18,2018,the City executed an agreement(JPA)with the Florida Department of Transportation
(FDOT)for funds to landscape the medians of State Road(SR)50,between SR 429 and Good Homes Road.
Based on the City's request, FDOT has awarded the project a total of$775,000 to be reimbursed to the City
over two fiscal years. FDOT will reimburse the City the costs for the purchase of plant materials, fertilizer,
soil amendments, mulches, staking, and labor associated with the installation of the planting. The City is
responsible for all other costs including the preparation of construction documents that comply with FDOT
design criteria, cost of securing the services of construction engineering and inspection(CEI), and irrigation.
The project must be completed prior to June 30,2020.The JPA stipulates the City must enlist the services of
a FDOT certified CEI professional and that person or firm may not be an employee of the City nor can they
be the landscape architect of record. Therefore, staff requested a proposal from GAI Community Solutions
Group,one of the City's continuing landscape architecture firms to provide the required CEI services.
Approved on Consent. Motion carried 4-0 with Commissioner Oliver absent.
4. Approval of an Amendment to the Tomyn Road Right-of-Way Development
Agreement. (City Planner Rumer)
On February 16, 1999, the City Commission approved and executed a Development Agreement with Heller
Bros. Groves and Centex Homes. The Development Agreement functioned to terminate a Development
Agreement (Heller Bros. Development Agreement) and provided for the conveyance of right-of-way from
Heller and Centex Homes for a new alignment of Tomyn Boulevard and the conveyance of a future"North
Road"from Heller to the City of Ocoee.This new alignment will be called"Heller Boulevard." Section 8 of
the agreement specifically states "A new road (North Road) shall be constructed at City expense extending
northward from the re-aligned Tomyn Road(Tomyn Blvd.)to the existing Tomyn Road, north of the Heller
C-3 Property and for Heller to donate to the City the right-of-way for North Road and a drainage easement
over the Tract T Pond to accommodate drainage and retention necessary for North Road." Other Surviving
Covenants from Purchase Agreements between Heller Bros. and the City exist with regards to the Heller
Properties on Maguire and Tomyn Road,which will be incorporated into the Amended agreement as they are
difficult to find in file storage and they are not recorded as Development Agreements.
City Attorney Cookson explained the development agreement is mostly finalized; however,
there is an issue relating to signage on a public road. The attorney representing the developer is
out of the country so City staff has not been able to finalize that language as it relates to signage;
therefore, City staff is requesting approval of the development agreement with authorization to
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Regular City Commission Meeting
June 18,2019
finalize the language regarding signage in the public right-of-way. City Planner Rumer
explained that the intent of the development agreement will not change,only a change in wording.
Motion: Move to approve Item #4— Amendment to the Tomyn Road Right-of-Way
Development Agreement with authorization for City Staff to finalize the language
regarding signage in the public right-a-way; Moved by Commissioner Firstner,
seconded by Commissioner Brinson; Motion carried 4-0 with Commissioner Oliver
absent.
5. Approval of Mid-Year Purchase of Police Vehicles. (Police Chief Brown)
The City of Ocoee Police Department desires to purchase three patrol vehicles and one community service
aide vehicle for$152,000,funded from police impact fees.Three police officers and a community service aide
were added to the current budget in the final stages of the budget process in 2018. These approved positions
did not include the purchase of vehicles.Utilizing existing impact funds,the vehicles will be purchased using
the current Florida Sheriffs Association Purchasing Contract pricing: Three (3) Marked Police Utility
Vehicles at a cost of$40,000.00,each.(New);One(1)Community Service Aide Utility Vehicle @$32,000.00
(New).
Approved on Consent. Motion carried 4-0 with Commissioner Oliver absent.
6. Approval of the Third Amendment to Hearing Officer Services Agreement. (Police
Chief Brown)
On September 16,2014,in response to an RFQ for hearing officer services for red light camera violations,the
City Commission approved a response by and entered into a contract with Shepard, Smith& Cassady, P.A.
(now Shepard, Smith, Kohlmyer & Hand, P.A.), Attorney Andrew Hand, for hearing officer services. On
January 17,2017,the City Commission approved Ordinance 2017-05 which established an office of Special
Magistrate to hear code enforcement matters, and on February 7, 2017, the City Commission amended
Mr.Hand's contract to allow him to serve as the City's Special Magistrate for code enforcement matters.The
original term of the contract was for a three-year term with two automatic one-year extensions. The parties
now wish to extend the current contract for an additional three-year term with two automatic one-year
extensions.
Approved on Consent. Motion carried 4-0 with Commissioner Oliver absent.
7. Approval of a Traffic Enforcement Agreement with Wesmere Maintenance
Association,Inc. (Police Chief Brown)
A Traffic Enforcement Agreement is being requested between the City of Ocoee and Wesmere. The term of
this agreement shall be two(2)years from the effective date.This agreement will automatically renew for an
additional two-year term at the end of each two-year terms unless the agreement has been terminated in
accordance with the contract.
Commissioner Firstner noted a Scribner's error within the agreement and asked for it to be
corrected before executing.
Motion: Move to approve Item #7 —Traffic Enforcement Agreement with Wesmere
Maintenance Association, Inc. with correction as noted; Moved by Commissioner
Firstner, seconded by Commissioner Brinson; Motion carried 4-0 with
Commissioner Oliver absent.
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June 18,2019
8. Approval of Federal Fiscal Year 2018 Edward Byrne Memorial Justice Assistance
Grant Program (JAG). (Police Chief Brown)
This year$11.000.00 has been made available for the City of Ocoee Police Department through the Edward
Byrne Memorial Justice Assistance Grant (JAG). The Byrne Memorial Justice Assistance Grant (JAG)
Formula Program Committee wishes to submit the 51% Letter to the Office of Criminal Justice Grants in
Tallahassee. This letter lists the various programs for which the participating law enforcement agencies in
Orange County plan to spend the$324,879.00 allocated to them. If approved,the City of Ocoee will receive
$11,000.00 to purchase Traffic Safety and Education Equipment.
Approved on Consent. Motion carried 4-0 with Commissioner Oliver absent.
9. Approval to Expand the Body Worn Camera Program and Consolidate Contracts.
(Police Chief Brown)
The City of Ocoee Police Department has a Body Worn Cameras(BWCs)program. In an effort to expand the
program,the Police Department would like to purchase 25 additional cameras with unlimited storage to outfit
the new patrol officers and expand camera usage within the Department. Each BWC comes with unlimited
storage and an electronic control device (ECDs). Additionally, this contract includes a complete upgrade of
all of existing ECDs,and additional software features which will increase efficiency in the analyzation of data,
redacting video footage, and accessing cameras. The initial cost in this budget year would be $142,999.82
with subsequent yearly costs for four years being$177,379.09 each year.
Approved on Consent. Motion carried 4-0 with Commissioner Oliver absent.
10. Approval of Fleet Fuel Tracking System Upgrade with Trak Engineering,Inc. (Public
Works Director Krug)
The City budget included an upgrade to the Fleet Division's existing fuel tracking system.The existing single
computer/radio communication based system functions well, but has been susceptible to lightning strikes.
Public Works has investigated various systems and has found the most cost effective and improved upgrade
to the existing system is to a cloud based tracking system which will provide unlimited access points for each
fuel station throughout the City. This upgrade will provide the instant data required to rectify fuel deliveries
with usage. The budget incorporated $190,000 towards adding another fuel tank at Public Works and
upgrading the tracking system. Public Works recommends Commission approval to allocate the$32,389 cost
for the upgrade from the budget.
Approved on Consent. Motion carried 4-0 with Commissioner Oliver absent.
11. Approval of Budgeted Vehicle Purchase Price Increases. (Public Works Director
Krug)
The current City budget included the fmanced purchase of four(4)Ford Explorers for the Police Department
and one(1)Ford Escape for the Parks and Recreation Department. Financing was secured at the 2019 model
year prices;however,the manufacturer is implementing major body style changes for the 2020 model year at
an increased price. This price increase is being brought before the Commission as an information item
notifying of the increased capital expenditure.The financed portions of the vehicles will remain as previously
approved and the respective Departments will cover the price increase from their budgets. The price increase
is$1,580.00 for the Escape and$1,895.00 per Explorer,or$7,580.00 for all four. Public Works recommends
approval of the expenditure.
Approved on Consent. Motion carried 4-0 with Commissioner Oliver absent.
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12. Approval of Scope of Work and Fee Proposal from GAI to Provide Design and
Engineering for the Master Downtown Stormwater System. (Public Works Director
Krug)
GAI Community Solutions Group was awarded the Master Downtown Stormwater System design and
engineering contract. This firm is now ready to proceed with design and engineering services for the Master
Downtown Stormwater System. Staff recommends that the Honorable Mayor and City Commission authorize
staff to prepare a purchase order in the amount of$404,662 for GAI Community Solutions Group to provide
design and engineering for the Master Downtown Stormwater System. The design and engineering of the
Master Downtown Stormwater System is included in the Downtown Capital Investment Program, Master
Stormwater System; in which, $8.1 million dollars was allocated to Master Downtown Stormwater System
project for property acquisition,planning,design, engineering, and implementation.
Approved on Consent. Motion carried 4-0 with Commissioner Oliver absent.
13. Approval to Award RFQ#19-007 Owner's Representative for the New Ocoee City Hall
to ZHA,Inc. (Purchasing Agent Tolbert)
In compliance with Chapter 21 of the City's Code of Ordinances,the City solicited statements of qualifications
from qualified firms or individuals to provide Owner's Representative Services for the New Ocoee City Hall.
The Owner's Representative shall provide professional construction management services for the design and
construction and post-construction through City occupancy of the New Ocoee City Hall project awarded to
the Design-Build team of Wharton-Smith, Inc./HuntonBrady Architects. The RFQ was advertised on April
21,2019 and was publicly opened on May 14, 2019. There were ten(10)responses submitted. The Finance
and Utilities Departments reviewed the qualification statements and all were considered responsive. The ten
(10)responses were evaluated by the RFQ Evaluation Committee.The first public RFQ Evaluation Committee
meeting was held on May 20, 2019 with the Evaluation Committee evaluating and short-listing the firms on
specific evaluation criteria. The second public RFQ Evaluation Committee meeting was held on May 29,
2019 for the purpose of interviewing the three (3) short-listed firms, and finalizing the shortlist for
recommendation of award.The evaluation committee recommends contracting with the top ranked firm,ZHA,
Inc.
Approved on Consent. Motion carried 4-0 with Commissioner Oliver absent.
14. Approval of Ground Lease of City Owned Property Located at Sorenson Park with
TNXL Baseball Academy. (Assistant City Manager Shadrix)
On May 7, 2019,the Ocoee City Commission directed staff to proceed forward with a lease agreement with
TNXL Baseball Academy, which would allow construction of a baseball training facility at Sorenson Park
and use of the fields from 9-4:30.As previously presented to the Commission,this TNXL Baseball Academy
brings a renowned baseball program to the City, which will bring large numbers of scouts from colleges and
Major League Baseball, and it should bolster economic development efforts of both the Downtown
Redevelopment Area and the West Road Interchange. As directed by the Commission and outlined on May
7th,the lease includes a$3,500 per month payment, an annual increase of 3%, and the lease is for ten years
with an option to renew for another ten years.Additionally,the lease provides that TNXL Baseball Academy
will provide free coaching clinics for the City's younger players in the Babe Ruth League.TNXL players will
volunteer four hours per month to help participants in the Babe Ruth League.TNXL Coaches will provide one
month of hourly instruction to the City's Babe Ruth League players and volunteer parent coaches.The TNXL
hitting facility will be available to Babe Ruth League players for two hours every other week,and TNXL will
offer scholarships to qualified Ocoee residents at a rate of one for every 25 paid players upon submission of a
scholarship request form.
Approved on Consent. Motion carried 4-0 with Commissioner Oliver absent.
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15. Approval of an Unsolicited Proposal for Public Private Partnership for Fire Station
and Equipment. (City Attorney Cookson)
The City has contemplated constructing a fire station in District 1 for several years. Currently, one engine is
manned from a temporary station located within the Publix Shopping Center at Fountains West(West Road).
The owner of the shopping center has notified the City that the lease will not be renewed and will terminate
on December 31,2019.Pursuant to Section 255.065,Florida Statutes(hereafter the "P3 Law"),public-private
partnerships are permissible when pursued in accordance with Florida law so as to allow for greater private
sector participation in the delivery and fmancing of public buildings and infrastructure projects. The City
Manager received an unsolicited proposal dated October 23, 2018 from Summit Construction to construct a
new fire station by creating a public-private partnership. Since the proposal is for a new fire station(and thus
a qualifying project under the P3 Law), the City may proceed with consideration of the Summit proposal as
long as the procedural elements of the P3 Law are met.At this point in time,the City Commission is asked to
decide whether the City should move forward with consideration of the unsolicited proposal by providing the
requisite notice. If the City intends to move forward with the unsolicited proposal, the City Manager should
be authorized to hire a consultant to assist in evaluating the unsolicited proposal as well as any other proposals
received in response to the notice.
Approved on Consent. Motion carried 4-0 with Commissioner Oliver absent.
PUBLIC HEARING - None
FIRST READING OF ORDINANCES— 6:25 PM
16. First Reading of Ordinance for Orange County Public Schools - Substantial
Amendment to the Ocoee Crown Point Planned Unit Development(PUD); Project No:
RZ-19-05-05. (Second Reading and Public Hearing scheduled for July 16, 2019, Regular Commission
Meeting at 6:15 pm or soon thereafter.) (City Planner Rumer)
This project was initiated as a joint venture between the City of Ocoee and Orange County Public Schools.
Prior to purchasing the 360-acre property, a feasibility study was conducted to ascertain the development
potential of the property and to identify the best mix of future uses to benefit both parties. On September 15,
2015,the Ocoee Crown Point PUD was amended to change the land use of Tract 3 from park to residential,
and the maximum number of single-family dwelling units from 264 to 333. OCPS currently owns several
tracts within the PUD, including those that consist of the existing Ocoee High School, and a proposed
elementary school.Several of the other tracts owned by OCPS are intended to be used for workforce education.
The specific tract modifications being proposed for this use in the amendment are as follows: Change the land
use of Tract 13 and 41 from bus depot/townhome and stormwater drainage to workforce
education/townhomes; change the land use of Tract 7A and 7B from workforce education to workforce
education/townhomes;change the land use of Tract 34 from right-of-way to workforce education/townhomes.
City Attorney Cookson read the title of the Ordinance.
Mayor Johnson announced that this will be presented as a second reading and public hearing at
the next scheduled City Commission meeting on July 16, 2019 at 6:15 PM or soon thereafter.
Commissioner Wilsen asked for clarification on the land use change from workforce education
to workforce education/townhomes. City Planner Rumer explained that in the original Crown
Point PUD the tracts owned by OCPS allotted for bus depot and workforce. Staff is seeking to
change all the tracts that the School Board owns on the south side of the West Orange Trail to
have the ability to have workforce education (post-secondary); and further, any part of the tract
that does not become education will retain the ability to be townhomes.
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SECOND READING OF ORDINANCES—PUBLIC HEARINGS - 6:28 Pi\l
17. Second Reading of Ordinance for RusTeak- 11077 Roberson Road Annexation,Small
Scale Comprehensive Plan Amendment and Rezoning to Commercial; Project No(s):
AX-04-19-81, CPA-2019-003, RZ-19-04-04. (Advertised in the West Orange Times on Thursday,
June 6, 2019)(City Planner Rumer)
The subject property is +/-2.88 acres and located at 11077 Roberson Road, approximately 280 feet west of
the intersection of Maguire Road and Roberson Road. The parcel contains one (1) single-family residence.
The subject property is considered contiguous to the City of Ocoee since it's bordered by property located
within the City limits on the south and eastern boundary. The applicant has requested a City of Ocoee zoning
designation of C-3 (General Commercial) upon annexation. According to the Land Development Code, the
C-3 zoning designation is intended for areas shown on the Future Land Use Map as"Commercial". The C-3
zoning designation is consistent with the proposed future land use designation of"Commercial."Because the
property is part of an enclave in the City,it already benefits from Ocoee Fire Rescue services via a joint"First
Responder"Agreement with Orange County.The proposed annexation is a logical extension of the City limits,
urban services can be provided,and the annexation meets state and local regulations. The land use and initial
zoning are also consistent and compatible with surrounding properties.
a) Second Reading of Annexation Ordinance
b) Second Reading of Small-Scale Comprehensive Plan Amendment
c) Second Reading of Rezoning Ordinance
City Attorney Cookson read the title of the ordinances.
City Planner Rumer presented a brief overview of this proposed annexation, Small Scale
Comprehensive Plan Amendment and Rezoning to Commercial. This site is approximately 2.93
acres in size and is located on the north side of Roberson Road,west of the intersection of Maguire
Road and Roberson Road. There is a single-family home, and some outparcels on this subject
site. The parcel is currently zoned A-1(Orange County), and has a Professional Offices and
Services Land Use Designation adopted under the Future Land Use Map. On the east side, there
is a professional office complex. On the west side, a veterinary office was recently converted
from a single-family home. On the north side, a single-family dwelling on 4.92 acres exists and
is located in Orange County's jurisdiction. The future land use of the north side property upon
annexation into Ocoee will be Professional Office. On the south side, a retail center including a
day care and Walgreens is located in front of a 276-unit apartment community.
City Planner Rumer indicated the Applicant is requesting to annex into the Ocoee City limits
which will allow connection to City water and sewer. This parcel meets the State's requirements
for annexation as it is contiguous to the City on the east and south. The proposed small-scale land
use amendment is under 10 acres, which would change the site to professional office and service
to commercial; and lastly, rezoning the property to C-3 (Commercial).
Commissioner Brinson clarified that the property is being annexed in from the County. City
Planner Rumer answered in the affirmative.
Commissioner Wilsen inquired about the property across the street. City Planner Rumer
provided an overview of those parcels.
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The public hearing was opened. As no one wished to speak, the public hearing was closed.
a) Second Reading of Annexation Ordinance
Motion: Move to adopt Ordinance No. 2019-021, RusTeak - 11077 Roberson Road
Annexation, Project No: AX-04-19-81; Moved by Commissioner Firstner, seconded
by Commissioner Brinson; Motion carried 4-0 with Commissioner Oliver absent.
b) Second Reading of Small-Scale Comprehensive Plan Amendment Ordinance
Motion: Move to adopt Ordinance No. 2019-022, RusTeak - 11077 Roberson Road
Small Scale Comprehensive Plan Amendment, Project No: CPA-2019-003; Moved
by Commissioner Firstner, seconded by Commissioner Wilsen; Motion carried 4-
0 with Commissioner Oliver absent.
c) Second Reading of Rezoning Ordinance
Motion: Move to adopt Ordinance No. 2019-023, RusTeak - 11077 Roberson Road
Rezoning, Project No: RZ-19-04-04; Moved by Commissioner Firstner, seconded
by Commissioner Brinson; Motion carried 4-0 with Commissioner Oliver absent.
18. Second Reading of Ordinance for Ocoee Village Center PUD Large Scale
Comprehensive Plan Amendment and Rezoning to Planned Unit Development/Land
Use Plan (PUD/LUP) with Approval of the Development Agreement; Project No(s):
CPA-2018-006 & RZ-18-06-09. (Advertised in the West Orange Times on Thursday, June 6, 2019.)
(City Planner Rumer)
The subject properties are approximately+/-73.17 acres of vacant/undeveloped land with an existing zoning
of R-1A Single-Family Dwelling and located on the north side of Clarcona Ocoee Road and east of SR 429,
South of Clarcona Ocoee Road and east of N.Lakewood Avenue and east of the intersection of Fullers Cross
Road and N.Lakewood Avenue. The site is located within the SR 429"Interchange Village Character Area."
This project is proposing a transmittal of the Large-Scale Comprehensive Plan Amendment from Low Density
Residential (4 D.U./Acre)to High Density Residential (8-16 D.U./Acre) and Commercial to the Department
of Economic Opportunity(DEO),and a rezoning to PUD for a mixed-use community that will include 150,000
S.F.of Commercial, 196-unit townhomes with 316-unit apartments.The site is located within the City's utility
service area and proposing to connect to public utilities for water and sewer.There is an existing 12-inch water
main and force main on N. Lakewood and westerly on Fullers Cross Road. An extension is required for
connection.Approval of the proposed water and sewer utility plan is required prior to the approval of the final
subdivision/site plan. Sewer is available south of Fullers Cross Road,which an extension and lift station will
be required. This proposed PUD/LUP accesses N. Lakewood Avenue and Clarcona Ocoee Road.Both roads
are operating at an acceptable level of service. This project will have to mitigate for the extra capacity of
78.525 elementary school students and 9.665 middle school students. The nearest fire department is Station
38 located on 313 West Road which is approximately 0.5 miles from the property. The Police Substation is
located 0.5 miles from the subject property.
a) Second Reading of Ordinance for Large Scale Comprehensive Plan Amendment
b) Second Reading of Rezoning Ordinance
c) Development Agreement (not a public hearing)
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City Planner Rumer briefly explained this item was heard by the City Commission as a public
hearing on April 16, 2019 to be transmitted to the State of Florida for review. Currently, the
subject property is Low Density Residential which allows up to four (4) Dwelling Units an acre,
but the applicant is requesting a change to High Density Residential and Commercial, and
rezoning to Planned Development Unit/Land Use Plan (PUD/LUP). The subject properties are
approximately +/- 73.17 acres of vacant/undeveloped land with an existing zoning of R-1A
Single-Family Dwelling and located on the north side of Clarcona Ocoee Road, and east of SR
429; south of Clarcona Ocoee Road,and east of N. Lakewood Avenue; and east of the intersection
of Fullers Cross Road, and N. Lakewood Avenue. The proposed development is high density
residential and commercial mixed-used community which will include multi-family, hotel, and
commercial. This plan will also create a new alignment for North Lakewood Avenue with a
roundabout at Fullers Cross Road and North Lakewood Avenue. City Planner Rumer explained
the proposed amendments were sent to DEO, State, and surrounding agencies per the statutory
Expedited Review process. The expedited review from DEO came back with no objections,
recommendations, or conditions. Also, no comments were received from other State or
surrounding agencies.
Commissioner Brinson inquired if there will be a fire station in area. City Planner Rumer
answered in the affirmative.
City Attorney Cookson read the titles of the ordinances.
City Planner Rumer advised that staff is seeking a motion to recommend approval of this project
subject to School Board approval.
The public hearing was opened. As no one wished to speak, the public hearing was closed.
a) Second Reading of Large-Scale Comprehensive Plan Amendment Ordinance
Motion: Move to adopt Ordinance No. 2019-010, Ocoee Village Center PUD Large
Scale Comprehensive Plan Amendment, Project No: CPA-2018-006, subject to
approval by the School Board; Moved by Commissioner Brinson, seconded by
Commissioner Wilsen; Motion carried 4-0 with Commissioner Oliver absent.
b) Second Reading of Rezoning Ordinance
Motion: Move to adopt Ordinance No. 2019-011, Ocoee Village Center PUD Large
Scale Comprehensive Plan Amendment and Rezoning, Project No: RZ-18-06-09,
subject to approval by the School Board; Moved by Commissioner Brinson,
seconded by Commissioner Firstner; Motion carried 4-0 with Commissioner Oliver
absent.
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c) Development Agreement
Motion: Move to approve the Development Agreement for Ocoee Village Center
Planned Unit Development(PUD), subject to approval by the School Board; Moved
by Commissioner Wilsen, seconded by Commissioner Firstner; Motion carried 4-
0 with Commissioner Oliver absent.
19. Second Reading of Ordinance for Homes in Partnership — 340 13th Avenue
Annexation and Rezoning; Project No(s): AX-08-17-68 & RZ-17-08-08. (Advertised in the
West Orange Times on Thursday, June 6, 2019) (City Planner Rumer)
The subject property is located on the south side of 13th Avenue, 130 feet west of Peters Avenue.The+/-0.17
acre parcel contains one existing Single-Family Residence. The Applicant is annexing into the City limits as
a condition to receive city potable water connection.With respect to State annexation criteria,Chapter 171.044
of the Florida Statutes grants municipalities the authority to annex contiguous, compact, non-circuitous
territory so long as it does not create an enclave. The subject property is considered contiguous to the City of
Ocoee since it is bordered by property located within the City limits on the east. The parcel will receive an
"R-1" (Low-Density Residential) zoning upon annexation. The DRC and the Planning and Zoning
Commission both voted unanimously to recommend approval of this annexation and rezoning.
a) Second Reading of Annexation Ordinance
b) Second Reading of Rezoning Ordinance
City Planner Rumer presented a brief overview of the proposed project. This subject parcel has
one (1) existing single-family residence. The Applicant is annexing into the City limits in order
to receive a City potable water connection. The subject property is considered contiguous to the
City of Ocoee since it is bordered by property located within the City limits on the east; and, if
approved,will receive an"R-1"(Single Family Dwelling)zoning upon annexation. This property
is part of an enclave in the City and already benefits from Ocoee Fire Rescue services via a joint
"First Responder"Agreement with Orange County. The property will require City of Ocoee water
service. The proposed annexation is a logical extension of the City limits, urban services can be
provided, and the annexation meets state and local regulations. Agenda Item #20 for 330 13th
Avenue follows the same criteria as it is the neighboring house.
City Attorney Cookson read the title of the ordinances.
The public hearing was opened. As no one wished to speak, the public hearing was closed.
a) Second Reading of Annexation Ordinance
Motion: Move to adopt Ordinance No. 2019-017, Homes in Partnership — 340 13th
Avenue Annexation, Project No: AX-08-17-68; Moved by Commissioner Wilsen,
seconded by Commissioner Brinson; Motion carried 4-0 with Commissioner Oliver
absent.
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b) Second Reading of Rezoning Ordinance
Motion: Move to adopt Ordinance No. 2019-018, Homes in Partnership — 340 13th
Avenue Rezoning, Project No: RZ-17-08-08; Moved by Commissioner Brinson,
seconded by Commissioner Wilsen; Motion carried 4-0 with Commissioner Oliver
absent.
20. Second Reading of Ordinance for Homes in Partnership — 330 13th Avenue
Annexation and Rezoning; Project No(s): AX-08-17-67& RZ-17-08-07. (Advertised in the
West Orange Times on Thursday,June 6, 2019) (City Planner Rumer)
The subject property is located on the south side of 13th Avenue; 150 feet west of Peters Avenue.The parcel
contains one existing Single-Family Residence. The Applicant is annexing into the City limits as a condition
to receive city potable water connection. With respect to State annexation criteria, Chapter 171.044 of the
Florida Statutes grants municipalities the authority to annex contiguous, compact, non-circuitous territory so
long as it does not create an enclave.The subject property will be considered contiguous to the City of Ocoee
once the adjacent property on the east,located at 340 13th Ave.,is annexed into the City limits.The parcel will
receive an R-1 (Low-Density Residential) zoning upon annexation. The DRC and the Planning and Zoning
Commission both voted unanimously to recommend approval of this annexation and rezoning.
a) Second Reading of Annexation Ordinance
b) Second Reading of Rezoning Ordinance
City Planner Rumer announced his comments from Agenda Item#19 carry forward.
City Attorney Cookson read the title of the ordinances.
The public hearing was opened. As no one wished to speak, the public hearing was closed.
a) Second Reading of Annexation Ordinance
Motion: Move to adopt Ordinance No. 2019-019, Homes in Partnership — 330 13th
Avenue Annexation, Project No: AX-08-17-67; Moved by Commissioner Brinson,
seconded by Commissioner Firstner; Motion carried 4-0 with Commissioner Oliver
absent.
b) Second Reading of Rezoning Ordinance
Motion: Move to adopt Ordinance No. 2019-020, Homes in Partnership — 330 13th
Avenue Rezoning, Project No: RZ-17-08-07; Moved by Commissioner Brinson,
seconded by Commissioner Firstner; Motion carried 4-0 with Commissioner Oliver
absent.
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Regular City Commission Meeting
June 18, 2019
REGULAR AGENDA - 6:49 PM
21. Discussion and Direction on Commercial Vehicle Parking Throughout the City.
(Police Chief Brown)
A source of many complaints is the on-street parking of commercial vehicles,defined as weighing more than
one ton, in commercial, or mixed-use zoned districts within the City. The City's current code reads,
"The parking of commercial vehicles on public streets and road rights-of-way within any residential zoned
district, including residential planned unit developments, as established by the Land Development Code for
the City, shall be prohibited, except for loading purposes or as otherwise expressly permitted by the Land
Development Code." The Police Department has the ability to properly enforce the parking of commercial
vehicles within residential zones. However, further direction is required on the commercial or mixed-use
zones.Additionally,the number of outstanding fines for the last year is 155 and at 62 year-to-date.Currently,
the City has no mechanism for collecting these fines. Staff is seeking direction on whether to seek registration
holds and/or collections for personal vehicles and/or commercial vehicles.
Deputy Chief McCosker explained this item has been a topic of conversation at the Police
Department which is why staff is requesting discussion and direction on this subject. He further
provided a brief overview of the current Land Development Code(LDC)which currently governs
the parking of commercial vehicles within residential zones only. No mention of commercial
vehicles parked within commercial or mixed use properties are included in this section of the
LDC. The Police Department has the ability to properly enforce the parking of commercial
vehicles within residential zones, however, further direction is required on the commercial or
mixed-use zones. Additionally, the number of outstanding fines for the last year is 155 and at 62
year-to-date. Currently,the City has no mechanism for collecting these fines. Staff is also seeking
direction on whether to pursue registration holds and/or collections for personal vehicles and/or
commercial vehicles.
Commissioner Wilsen shared the complaints she has been receiving in her district are for tow
trucks which is why she wanted this discussion. Deputy Chief McCosker explained commercial
vehicles are classified by weight and he is not sure that a tow truck will be included.
Commissioner Brinson shared he has not received any complaints on the north or south side of
his district. He further inquired how the Police Department handles violators. Deputy Chief
McCosker explained they try to get compliance through education which is why a 48-hour tow
notice is given. On some occasions,they may issue a citation and tow the vehicle. Commissioner
Brinson inquired about vehicles parked on residential lawns. City Planner Rumer advised that
within residential districts there is a provision that prohibits commercial trucks and RV's,that are
longer than 36-feet to be parked on a property. If it is 36-feet or less it is to be parked in the side
rear yard hidden by a 6-foot fence. Commissioner Brinson shared this is a tough discussion
because many residents use commercial vehicles as the means to their livelihood.
Commissioner Firstner shared that he agrees with commercialvehicles not being parked in the
right-of-way and feels there should be enforcement.However,he does not agree with enforcement
of on-street parking for personal vehicles. He explained many Homeowners Associations (HOA)
are under legal battle for trying to enforce covenants that prohibit on-street parking. Deputy Chief
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Regular City Commission Meeting
June 18, 2019
McCosker advised the Police Department and the City do not have any part in what is enforced
by an HOA in its community. He further clarified that the discussion this evening with regard to
personal vehicles only deals with the collection of fines.
City Attorney Cookson clarified that the first issue the City Commission needs to take into
consideration is whether to extend the prohibition of commercial vehicles in commercial and
mixed-use areas in the City.
City Planner Rumer shared the current code reads, "The parking of commercial vehicles on
public streets and road rights-of-way within any residential zoned district..." and if they were
to strike out"residential zoned districts"this would now prohibit parking of commercial vehicles
throughout the City. This change in the code would then require commercial vehicles to park in
an appropriately created parking lot. This change would benefit the City as they proceed with
future development plans. Mayor Johnson inquired how can they enforce the fines as that is a
major issue. City Manager Frank shared there are options such as the registration holds, boots
on the vehicle,and/or collection agencies. He further shared that if the City Commission proceeds
with the verbiage change of the code, then City staff can research enforcement methodology to
bring back for consideration at a future meeting. Brief discussion ensued.
Deputy Chief McCosker announced that at the June 4th City Commission Meeting there was
conversation regarding the Bill Breeze Park, specifically about Starke Lake and the boat dock.
He addressed the concerns related to law enforcement advising that the officers using the boat are
completing specialized training, so they are properly trained. Additionally, a larger police
presence is out by the park to assist in enforcing the rules. Parks Operation Manager Abdo
continued by sharing that he researched the boat ramp and parking permit concern and has a few
options to share. He presented several fee models that are currently being enforced in Winter
Park, Orange County, and Palm Beach County. Discussion ensued on the options and agreement
was that a permit should be required, and that residents should get a discounted rate. City
Manager Frank shared city staff can come back with a program and enforcement plan as they
further develop the lakefront.
STAFF ACTION ITEMS -None
COMMENTS FROM CITIZENS/PUBLIC - 7:32 NM
(Heard out of Agenda order.)
William Maxwell, 558 Woodson Ave, thanked the Commission for their support and shared that
the recent visit from the United States Military Academy West Point was extremely successful.
He then offered a copy of the event program to the Commission and shared that while producing
the program, their regular vendor encountered a problem and was unable to accommodate their
needs.He announced,thankfully, a young woman was able to assist at the last minute,providing
her services to design and produce the programs without any compensation. He sought
authorization from the Commission to pay for at least a portion of her services. Mayor Johnson
explained that the Commission had already approved a budget of$1,000, and further asked Mr.
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Regular City Commission Meeting
June 18, 2019
Maxwell to contact Community Relations Manager Wright to see if the invoice could be
covered with any remaining funds.
COMMENTS FROM COMMISSIONERS - 7:25 PM
Mayor Johnson — Announced before them is the wording for the historical marker that was
approved by the Human Relations Diversity Board.He then explained they are seeking consensus
from the City Commission to move forward with the marker. Consensus of the City
Commission was to have staff move forward with registration of the historical
marker with the approved wording from the Human Relations Diversity Board.
Commissioner Brinson— 1)Announced that he is seeking approval to hold the GOAA Business
Fair at the Lakeshore Center. City Manager Frank shared that he received an e-mail from the
West Orange Chamber of Commerce noting they are in favor of the event. He also stated, if the
event was held during the week he could not foresee any concerns. Consensus of the City
Commission was to allow the use of the Lakeshore Center on a weekday to the
GOAA Business Fair. 2) Shared he has received multiple e-mails from concerned citizens
regarding the intersection of McCormick Road and Ocoee Apopka Road, and noted there have
been numerous accidents. He sought guidance on what can be done to ease their concerns. City
Manager Frank explained that the intersection in question is not within the City's limits. He
further shared that he would direct staff reach out to Orange County, to make them aware of the
situation and encourage them to address the concern. 3) Stressed that he has received numerous
complaints from Orange County residents who live on Clinger Cove in Lakewood Manor about
flooding. City Manager Frank explained the problem is being addressed; and noted that when
the subdivision was approved the developer was required to build a berm, which alleviated this
problem. Unfortunately, it has not been maintained over the last ten years. He then further
informed that the HOA has been contacted, and if the situation is not resolved it will be cited.
(Public comments were heard out of order.)
Commissioner Wilsen—1)Asked Commissioner Brinson for clarification on what GOAA stands
for as some may not know what the acronym means. Commissioner Brinson stated Greater
Orlando Aviation Authority. 2) Reminded everyone due to the Fourth of July, the July 2nd City
Commission meeting has been canceled. 3) Encouraged all residents that with the onset of
summer they be more aware of their surroundings. She asked drivers to be more observant of
pedestrians,as well as pedestrians to pay more attention to drivers. 4)Ended by wishing everyone
a"Happy and Safe" 4th of July.
Commissioner Firstner — 1) Complimented Deputy Development Services Director/CRA
Administrator Corless on an outstanding job with the redevelopment of Highway 50, and noted
the new businesses, along with reenergized existing businesses, have given life to the area. He
also stressed that the trees along Bluford Road looked great.
Mayor Johnson—1) Shared the next City Commission meeting scheduled for July 2nd has been
canceled.Additionally,in observance of Independence Day,City Hall will be closed on Thursday,
July 4th. 2) Storytime with Cookies & Milk with a Cop is being held every Friday at 10:30 am
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Regular City Commission Meeting
June 18,2019
until July 26th at the West Oaks Branch & Genealogy Center at 1821 E. Silver Star Road. 3)
Inquired about canceling the September 3rd Regular City Commission Meeting. Motion: Move
to cancel the Regular City Commission Meeting scheduled for September 3, 2019.
Moved by Commissioner Wilsen, seconded by Commissioner Brinson; Motion
carried 4-0, with Commissioner Oliver being absent.
4) Questioned if funding had been found for the installation of natural gas along Bluford Ave.
City Manager Frank shared that he is waiting on information from Lake Apopka Natural Gas.
Commissioner Wilsen asked for clarification on what lines the City would be funding. Mayor
Johnson replied that the City's cost would be for the pipes running along Bluford Ave starting at
the Firehouse and ending at Silver Star Road. Any business or resident seeking gas would pay
for the gas lines running to their property. 5)Inquired about the process for adding a new Planning
& Zoning Member. City Attorney Cookson shared that his staff has been working on an
Ordinance, which will be presented to Staff on Attorney Day. 6) Inquired about removing the
convenience fees associated with a making a utility payment. Assistant City Manager Shadrix
explained that the City's current system, Point and Pay, incurs a fee which is passed onto to the
customer,and agreed it would be nice to have a customer-friendly process. City Manager Frank
shared that while many private businesses do not charge a convenience fee, most government
agencies do. However, if the Commission desires, staff can look into handling those fees in a
different manner. 7) Wished everyone a Happy 4th of July.
ADJOURNMENT— 7:47 PM
APPROVED:
Attest: City of Ocoee
Melanie Sibbitt, City Clerk Rusty Johnson, Mayor
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