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HomeMy WebLinkAboutItem 01 Approval of the Minutes for the Regular City Commission Meeting held October 19, 2021 MINUTES REGULAR CITY COMMISSION MEETING OCTOBER 19, 2021 CALL TO ORDER- 6:17 PM Mayor Johnson called the regular session to order at 6:17 PM in the Commission Chambers of City Hall. The invocation by Mayor Johnson, followed by the Pledge of Allegiance to the Flag led by Commissioner Firstner. City Clerk Sibbitt called the roll and declared a quorum present. Present: Mayor Johnson, Commissioner Brinson,Commissioner Wilsen, Commissioner Firstner, Commissioner Oliver Also Present: City Manager Frank, City Attorney Cookson, City Clerk Sibbitt PRESENTATIONS AND PROCLAMATIONS - 6:18 PM Proclamation for Week of the Family—November 6-13,2021,read and proclaimed by Mayor Johnson, accepted by Victoria Laney. Proclamation for City Government Week — October 18-24, 2021, read by Commissioner Wilsen and proclaimed by Mayor Johnson. Presentation from the Human Relations Diversity Board (HRDB)Regarding the November 6th & 7th Remembrance Day Events—HRDB Chair Anderson-Robinson provided a tentative schedule which included the following: Freedom Ride by the Buffalo Soldiers, Community Celebration at Bill Breeze Park, a Reception Dinner at the Lakeshore Center for the descendants and Remembrance Ceremony sponsored by High Point Church. She provided an itemized explanation of the expenses and requested additional funding to cover any costs that exceed the current budget. Commissioner Wilsen inquired about the HRDB budget. HRDB Chair Anders on-Robinson explained that she understood there to be$7,000 in the budget for this event. Motion: Move to approve up to $8500 from Contingency Funds for the HRDB November 6th and 7th Remembrance Day Events. Moved by Commissioner Wilsen, seconded by Commission Oliver; Motion carried 5-0. STAFF REPORTS AND AGENDA REVIEW—None COMMENTS FROM CITIZENS/PUBLIC -None CONSENT AGENDA- 6:30 PM Consent Agenda Motion Motion: Move to adopt the Consent Agenda Items #1 -#4. Moved by Commissioner Oliver, seconded by Commissioner Brinson; Motion carried 5-0. Regular City Commission Meeting October 19, 2021 1. Approval of the Minutes for the Final Budget Hearing held September 22, 2021, and the Regular City Commission Meeting held October 5, 2021. (City Clerk Sibbitt) Approved on Consent. Motion carried 5-0. 2. Approval of Reappointments to the Parks & Recreation Advisory Board. (City Clerk Sibbitt) Members of the Parks &Recreation Advisory Board serve three-year terms.The resolution provides that the Parks&Recreation Advisory Board shall consist of nine(9)members, and only legal residents of the City of Ocoee or who are members of a City sporting organization that utilize the Ocoee parks shall be eligible for membership. Currently, the board has seven (7) members. The terms of Gordon Applegate and Michael Stewart end in October of 2021. Members Applegate and Stewart have indicated they are willing to serve another three-year term if reappointed. Staff recommends that the Honorable Mayor and City Commissioners reappoint Member Applegate to serve a three-year term on the Parks&Recreation Advisory Board;however, due to poor attendance, staff recommends not reappointing Member Stewart. Approved on Consent. Motion carried 5-0. 3. Approval of an Interlocal Agreement with Central Florida Expressway (CFX) Authority for the Construction of a Portion of the Franklin Street Multipurpose Path. (Deputy Development Services Director/CRA Administrator Corless) At the June 16,2020, Commission Meeting,the Commission directed staff to move forward with the project, which included acquiring necessary right-of-way(ROW)and drafting an Interlocal Agreement between CFX and the City of Ocoee for the construction of a 12-foot wide multipurpose path and upgrade and relocation of a water main.The City has obtained the ROW to construct the multipurpose path and relocate the water main east of SR 429 to Bowness Road.City staff worked closely with CFX in designing the multipurpose path.The City's Utilities Department prepared the design documents for the water main relocation and submitted those documents to CFX for inclusion into their construction documents. CFX has bid the entire SR 429 Enhancement Project. Approved on Consent. Motion carried 5-0. 4. Approval of Victims of Crime Act Grant; Grant No.: VOCA-2021-Ocoee Police Department- 00521. (Police Chief Plasencia) For the Fiscal Year 2021/2022, the Florida Attorney General's Office, as the pass-through agency for the Victims of Crime Act("VOCA"), awarded the Police Department a grant to fund a victim witness advocate position. Using funding from the VOCA Grant, the Police Department would establish a Victim Witness Advocate position("Advocate"). Currently,the Department's sworn personnel assist victims with their needs while balancing their other duties of call-handling and/or investigations.An Advocate dedicated to the process of ensuring victims understand their legal rights and protections would enhance our processes and potentially reduce re-victimization. Recognizing the special needs and concerns of individuals impacted by crime, accident, or suicide, the Advocate would be able to render assistance for those individuals. The Advocate would assist victims and witnesses with coping with the trauma of the event and assist them in understanding the complexities of the investigative and judicial processes. This grant-funded position was anticipated and included in the FY 2021/2022 budget. Approved on Consent. Motion carried 5-0. 2IPage Regular City Commission Meeting October 19,2021 FIRST READING OF ORDINANCE—9:07 PM , 5. First Reading of 'Ordinance for Aty,U:nffices at 868 Roberson Road Small Scale Comprehensive Plan Future Land Use Map Amendment and Rezoning to Professional Offices and Services District; Project No(s). CPA-2021-0-03 & RZ--21-01-27. (Second Reading and Public Hearing scheduled for November 2, 2021, Regular Commission Meeting at 6:15 pm or soon thereafter) (Zoning Manager,Whitfield) The subject property is located on the north side of Roberson Road approximately 627 feet east of the Tomyn Boulevard(Windermere Road) and Roberson Road round-about. The property is approximately 10.47 acres in size,of which approximately 2.45 acres are designated as wetlands/flood zones, 1.94 acres is the subject of this proposed amendment and rezoning, and the remainder has been previously approved for a four-story 203,000 square foot, 142-unit Independent Living Facility(ILF). The property has two(2)Future Land Use designations: Low-Density Residential, which makes up the majority of the site, and Conservation/Floodplains, which is generally within the southeast portion of the property. The proposed small-scale future land use map amendment is to change an approximately 1.94-acre portion in the southwest portion of the property from Low Density Residential(LDR)to Professional Offices and Services(P-S), and the proposed rezoning is to convert that 1.94-acre portion from R-1AA(Single-Family Dwelling District)to P-S (Professional Offices and Services District) in order to allow for the development of medical office buildings. a) Small Scale Comprehensive Plan Amendment b) Rezoning City Attorney Cookson read the title of the Ordinances. Mayor Johnson announced that this will be presented as a second reading and public hearing at the next scheduled City Commission meeting on November 2, 2021, at 6:15 PM or soon thereafter. , 6. First,Reading of Ordinance for Beltway 429 (aka Progress Commerce Park PUP) Small Scale Comprehensive Plan Amendment,Anne,xation,Rezoning to TUB&Large. Scale Preliminary Site Plan; PrOject,NUS; CPA-2021-002, AX-01-21-01, RZ,21-02-01‘: & 1,5-2021-001., (Second Reading and Public Hearing scheduled for November 2, 2021, Regular Commission Meeting at 6-1.5j9m or soon thereafter) (Development Services Direct0Rome0 The proposed project consists of four(4)parcels and is approximately 39.96 acres. It is located on the west side of Ocoee Apopka Road, east of SR 429 and 2,900 feet south of Fullers Cross Road. One parcel abuts Ocoee Apopka Road and has an agricultural exemption for the cultivation of blueberries.Another parcel has a single-family residence,and the remaining parcels are wooded undeveloped land.The applicant is proposing an Annexation, Small-Scale Comprehensive Map Amendment from Low-Density Residential(4 D.U./Acre) to Light Industrial,rezoning to PUD and a Large Scale Preliminary Site Plan in order to develop 482,940 sf of Light Industrial/Warehouse use located within eight(8)buildings. The property is located within the SR 429 Business Character Area Overlay.Although the Business Character Area does not intend to facilitate this type of development in the subarea,the applicant and City Staff have worked diligently to develop a project size and layout that will meet the intent and desired outcomes of the overlay. a) Small Scale Comprehensive Plan Amendment b) Annexation c) Rezoning d) Large Scale Preliminary Site Plan City Attorney Cookson read the title of the Ordinances. Wage Regular City Commission Meeting October 19, 2021 Development Services Director Rumer advised this item does not have a second reading and public hearing scheduled, because the JPA Amendment (Item 9) needs to be approved by the County prior to this item being heard at the second reading and public hearing. Mayor Johnson announced that this will be presented for a second reading and public hearing at a date to be determined. SECOND READING OF ORDINANCE—PUBLIC HEARING 7. Second Reading of Ordinance for Aplausos LLC at 113 W. Oakland Avenue— Small Scale Comprehensive Plan Future Land Use Map Amendment and Rezoning to Commercial; Project No(s). CPA-2021-005 & RZ-21-08-28. (Advertised in the West Orange Times on Thursday, October 7, 2021) (Zoning Manager Whitfield) 9:12 PM The First Reading was held on Tuesday, October 5,2021.The subject property is approximately 0.29 acres in size and is located at 113 West Oakland Avenue on the north side of West Oakland Avenue, approximately 150 feet west of North Cumberland Avenue. It is within the City's Downtown Redevelopment Area Overlay. The applicant is requesting a Comprehensive Plan Future Land Use Map Amendment(CPA)to convert the property from Low-Density Residential(LDR)to Commercial(COMM)and a corresponding rezoning of the property from R-1AA (Single-Family Dwelling District) to C-2 (Community Commercial District) zoning classification in order to allow for the development of commercial, office and a variety of residential uses or mixed land uses.The proposed CPA and rezoning would allow for the opportunity for commercial,residential, live/work, and mixed uses to help stimulate economic activity near the City's downtown core and, as such, are consistent with and support the goals of the City's Downtown Redevelopment Area Overlay.The proposed map amendment and rezoning are not anticipated to have adverse impacts on existing or planned public infrastructure. Therefore,staff supports the proposed Small-Scale Comprehensive Plan Future Land Use Map Amendment and Rezoning. a) Small Scale Comprehensive Plan Amendment b) Rezoning Development Services Director Rumer explained that the newspaper ad was not in the City's standard format; therefore, he has decided it would be best to advertise again. He stated this will be heard for a second reading and public hearing at the November 2, 2021, City Commission meeting. 8. Second Reading of Ordinance Regulating the Retail Sale of Dogs,Cats and Rabbits by Pet Stores. (Advertised in the West Orange Times on Thursday, October 7,, 2021) (City Attorney Cookson) 6:31 PM On June 24,2021, the Board of County Commissioners of Orange County enacted an ordinance prohibiting the retail sale of dogs, cats and rabbits in Orange County. The Orange County Charter specifically provides no county ordinance shall be effective within a municipality if the municipality maintains an ordinance covering the same subject matter or activity as the County Ordinance. City Staff has determined that the existing"Chews A Puppy" pet store within the City of Ocoee is engaged in the retail sale of dogs, cats and rabbits and,absent this proposed Ordinance,would be prohibited from engaging in the retail sale of dogs,cats and rabbits. The proposed ordinance would create a limited exemption for the existing Chews A Puppy pet store to continue operating within the City provided, however, it operates under the same brand, business model, size, and in compliance with all other applicable existing City regulations. All other pet stores within the City will be prohibited from engaging in the retail sale of dogs,cats and rabbits as of the effective date of the ordinance. Additionally,the proposed ordinance would require the existing Chews A Puppy pet store to display a notice to consumers and public containing contact information for the City of Ocoee for the reporting of any complaints with respect to the pet store as well as the posting of information in close proximity to cages and enclosures containing information on each pet's health and vaccination records and the source from which ---_ — � 4 I P a g e Regular City Commission Meeting October 19, 2021 the pet was obtained. The proposed ordinance would further require the pet store to make information readily available for all protentional customers including its USDA license number, breeding facility contact information, and the date the pet was born and received. The pet store would also be required to provide a warranty to customers,under certain conditions,for any pet purchased from the pet store. This item was heard out of agenda order. City Attorney Cookson read the title of the ordinance, and explained that the Board of Orange County Commissioners enacted an ordinance prohibiting the retail sale of dogs, cats, and rabbits in Orange County this past June. Following the Orange County ordinance adoption, the City Commission directed staff to draft an ordinance that would follow the Orange County ordinance with the exception of grandfathering in the one existing retail pet store in Ocoee called "Chews A Puppy." During the public hearing on September 21', City Commission directed staff to research other county regulations regarding retail businesses. He said the proposed ordinance before the City Commission tonight will exempt Chews A Puppy from the County ordinance and permit them to continue to operate in the City with six (6) regulations which are outlined in the ordinance. City Attorney Cookson further reminded the City Commission they also have the option to not adopt a City ordinance and fall under Orange County regulations which will require pet stores to stop the retail sale of dogs, cats, and rabbits by July of 2022. He further explained the process for tonight's public hearing and asked all speakers to only comment on the ordinance that is being presented this evening. The public hearing was opened. The following citizens spoke in opposition of the ordinance: Dr. Fernandez,Representative on behalf of ASPCA Jett Padua, Winter Garden Resident Kelly Padua, Winter Garden Resident Emily Bonilla, Orange County Commissioner, District 5 Jennifer Hawkins, Ocoee Resident Rhonda Johnson, Winter Garden Resident Rosemary Lupo, Clermont Resident John Pelkey, Ocoee Resident Dr. Nanette Parratto-Wagner, Ocoee Resident Cathy Houde, Ocoee Resident Christina Spillane, Winter Garden Resident Michelle Chapman, Winter Garden Resident Maria Bolton Joubert, Orlando Resident Lisa Franchina,Representative with The Humane Society of the United States Hazel Stevens, Ocoee Resident Bryan Wilson, Winter Springs Resident Gwen Kelemen,Representative with Happy Trails Animal Rescue Lee Day, Oviedo Resident 5IPage Regular City Commission Meeting October 19, 2021 Bill Gaskin, Orlando Resident Rosina McVicker, Orlando Resident Penny Christian, Ocoee Resident Karin Snitz, Ocoee Resident Nicole Wilson, Orange County Commissioner, District 1 Norine Dworkin, VoxPopuli Heidi Hardman, Winter Garden Resident The following citizens spoke in support of the ordinance: Stephanie Grillo, Ocoee Resident Felicia Ashley,Employee Representative for Chews A Puppy Crystal Grastara, Owner of Chews A Puppy (Recess was taken from 808 pm to 8:16 pm) The public hearing was closed. City Attorney Cookson clarified it is not the intent of this ordinance to place the enforcement on Orange County Animal Services. He explained the three (3) sections within the ordinance that referenced Orange County Animal Services. Motion: Move to adopt Ordinance No. 2021-057 Regulating the Retail Sale of Dogs, Cats and Rabbits by Pet Stores; Moved by Commissioner Brinson, seconded by Mayor Johnson; Mayor Johnson handed the gavel to Mayor Pro Tem Wilsen prior to seconding the motion. Commissioner Brinson commented this issue is highly contentious and very emotional. He spoke about the breeders outside of the state, and asked whether breeders within Florida are regulated, because he feels the breeders should be the focus here. He further stated he does not want the City to overstep boundaries, and that this ordinance can be rescinded at any time. Commissioner Wilsen stated closing a business as a commissioner is very difficult. Any purchase made from this pet store is between the seller and the buyer, not the City. She asked why the puppy mills are not being targeted, and further commented that not everyone wants a rescue pet. She stated she does not want to close down a business in Ocoee, but wants them to prosper and to conform to the regulations that may be set forth in this ordinance. Commissioner Firstner questioned staff's comments,which he feels are contradictory. He asked questions of the proposed ordinance and the regulations. He shared he strongly recommends denying any exception to the Orange County ordinance and not allow this city to be subject to ridicule and embarrassment,which is not needed. City Attorney Cookson answered his comment with regard to the provisions that covered the health, safety and welfare. He stated there has always been a balance to putting an Ocoee business out of business, which this commission does not want to do. He stated it is in the best interest of the City,the business, and their employees to 6IPage Regular City Commission Meeting October 19,2021 allow them to continue. Commissioner Firstner stated if all pet stores go out of business, it will affect the puppy mills. Commissioner Oliver commented that puppy mills need to regulated; and further, said this is a tough decision to make with Chews A Puppy, and whether or not to shut them down. He recommended adding a compliance component to the ordinance to help the City regulate the existing business; and further, asked the City Attorney what input was provided to the City to create the compliance component for this ordinance. City Attorney Cookson explained they met with the pet store owner, City staff, and reviewed ordinances from other cities. He explained one of the challenges is that this City does not have an animal control department, and are not set up to regulate this type of business. He further clarified the ordinance, and that at any time the City Commission can rescind this ordinance as well. Mayor Johnson commented on the process of government and the right for all to voice their opinion. He further shared the City of Ocoee does have the right to pass their own ordinance, and feels the State should regulate the puppies that are from out of state. City Attorney Cookson clarified what a"Yes"or "No"vote meant prior to the vote being made. After discussion, Motion carried 3-2 with Commissioner Firstner and Commissioner Oliver opposing. PUBLIC HEARING - 9:13 PM 9. Public Hearing to Approve Amendments to the Ocoee-Orange County Joint Planning Area Agreement (JPA). (Advertised in the West Orange Times on Thursday, October 7, 2021) (Development Services Director Rumer) First Amendment to the Ocoee-Orange County JPA. a) The area proposed for the Amendment to the City of Ocoee-Orange County Joint Planning Area (JPA) encompasses the collection of four parcels known as the proposed Progress Commercial Park PUD(AKA Beltway 429 PUD). The subject property is located on the west side of Ocoee Apopka Road and the east side of SR 429 (Western Expressway), south of Demastus Road. The applicants propose to develop the 39.96 acres as a Light Industrial/Retail Flex PUD in line with the requirements of the Business Character Area Overlay. In order for the proposed project to proceed with annexation, the JPA Future Land Use map needs to be amended by designating all four(4)parcels of the subject properties from Low-Density Residential(LDR)to Light Industrial(LI). Development Services Director Rumer explained both the First and Second Amendments to the Joint Planning Area Agreement with Orange County. In the First Amendment,the applicants propose to develop the 39.96 acres as a Light Industrial/Retail Flex PUD in line with the requirements of the Business Character Area Overlay. In order for the proposed project to proceed with annexation, the JPA Future Land Use map needs to be amended by designating all four (4) parcels of the subject properties from Low Density Residential(LDR)to Light Industrial (LI). He further explained, in the Second Amendment the applicants propose to develop 5.61 acres as a commercial/retail center. To proceed with the annexation of one of the parcels and small scale land use amendment and rezoning, the JPA Future Land Use map needs to be amended by designating the two (2)parcels from Professional Office and Service(PS)to Commercial(COM). ��� _ 7 ' Page Regular City Commission Meeting October 19, 2021 The public hearing was opened. As no one wished to speak the public hearing was closed. Motion: Move to approve the First Amendment to the Ocoee-Orange County JPA; Moved by Commissioner Oliver, seconded by Commissioner Wilsen; Motion carried unanimously. Second Amendment to the Ocoee-Orange County JPA. b) area proposed for the Amendment to the City of Ocoee-Orange County Joint Planning Area (JPA) encompasses the collection of two parcels known as the proposed Crossings at Maguire PUD.The subject property is located at 2663 and 2647 Maguire Road. The applicants propose to develop the 5.61 acres as a commercial/retail center.In order for the proposed project to proceed with the annexation of one of the parcels and small-scale land use amendment and rezoning, the WA Future Land Use map needs to be amended by designating the two (2) parcels from Professional Office and Service (PS) to Commercial (COM). Motion: Move to approve the Second Amendment to the Ocoee-Orange County JPA; Moved by Commissioner Oliver, seconded by Commissioner Firstner; Motion carried unanimously. REGULAR AGENDA -None COMMENTS FROM CITIZENS/PUBLIC - 9:20 PM The following persons addressed the City Commission: - Jim Moyer, Ocoee Resident, shared that he has been coordinating a Pearl Harbor Day Remembrance Event with the support of the American Legion Post 109. He requested the use of the Ocoee Commission Chambers at 5:30 PM on Tuesday, December 7`h. He then shared information on the number of veterans in the United States as well as the number of veterans that currently reside in Ocoee. He announced his recent acceptance into the American Legion Post 109 and requested the support of the City to promote and encourage others to join. He ended by directing citizens to the Legions Post 109 Facebook Page. Commissioner Wilsen asked if he could meet with Community Relations Manager Wright in order to share this with the citizens. City Manager Frank affirmed. Commissioner Wilsen then inquired about the flag disposal box. Mr. Moyer confirmed that the box has been ordered. - Brad Lomneck, Ocoee Resident, inquired about the HRDB budget for the 1920 Event, and asked if the funds donated to the honorary speaker would be provided to a youth council within the City. Commissioner Oliver explained how honorarium funds are distributed, and encouraged him to contact the speaker. Mr. Lomneck then inquired if the Commission needed to make a motion to approve the use of a City facility for the Pearl Harbor Day Event that Mr. Moyer proposed. A brief discussion ensued about the use of the Withers-Maguire House for the Event. Consensus of the City Commission was to allow the rental of the Withers-Maguire House and Wedding Garden free of charge on December 7th at 5:30 PM and further provide for any incidental expenses. Regular City Commission Meeting October 19,2021 COMMENTS FROM COMMISSIONERS - 9:32 PM CommissionerOIiver— Commented on the following: 1) Announced the vacancies on the various advisory boards, and encouraged residents to join a Board and get involved. 2) Inquired if the Hackney Prairie Road concern could be brought before the Commission on a future Agenda. City Manager Frank advised there is a presentation planned for the next meeting. 3) Inquired about the widening of Clarke Road and the turn lanes. Development Services Director Rumer addressed his concerns. 4)Announced the District 4 Annual Town Hall Meeting date,time, and location. He encouraged residents to stay informed and anticipate additional details. 5) Commented on the hard decisions that come before the Commission, and shared his thought process when dealing with tough emotionally charged topics. He then expressed his desire to always do what is best for the City as a whole. 6) Shared an inspirational quote on courage. Commissioner Firstner—Commented on the following: 1)Reminded residents that next Sunday is Halloween, and pleaded with all citizens to slow down and watch out for children as they are trick-or-treating. Commissioner Wilsey—Commented on the following: 1) Commented on traffic safety during the holiday, and implored residents to pay attention while driving and slow down. 2) Responded to Mr. Lomneck's comment on the Honorarium donation. Commissioner Brinson—Commented on the following: 1) Spoke about recent crimes in the Ocoee area and encouraged residents to pay attention to their surroundings. He reminded residents that following the 9:00 PM routine will help protect their valuables. 2) Shared that he is working on the yard waste issues within his District, and asked residents to call the City or him if they have an issue so action can be taken accordingly. 3) Shared the importance of the City Commission meetings and the options available to those who cannot physically attend. He encouraged all citizens to stay infoinied via the City website. 4)Announced that he is open to attending Homeowner Association Meetings within District 1 to relay information and address any concerns. He then provided his contact information. 5) Announced that City staff is looking into the reclaimed water concerns in the Northern area of the City. 6)Reiterated the importance of the 9:00 PM routine. Mayor Johnson—Commented on the following: 1) Announced the Parks and Recreation Spooktober Event dates, times, and location. 2) Commented on the traffic calming devices being considered for Hackney Prairie Road. 3) Commented on the availability of reclaimed water for the older subdivisions within the City, and explained that several of them have been waiting for 20+years. Commissioner Wilsen listed specific neighborhoods along Orlando Avenue that have been asking. City Manager Frank explained the process for selecting an area, elaborated on a Mutual Agreement with the County Regular City Commission Meeting October 19, 2021 for the Northern area, and inquired as to how much the Commission would like to set aside for the project. Commissioner Oliver inquired if funds from the American Recovery Act could be used towards this project. Assistant City Manager Shadrix shared that the City currently has multiple projects valuing $56 Million. He further elaborated that within the proposed projects are water and sewer plans, which will dramatically help expand the services provided to residents. 4) Shared an inspirational quote on success. Thanked the Commissioners for a great night and expressed a desire to always do what is best for our city and the residents. 5) Announced the next City Commission meeting is on November 2, 2021. ADJOURNMENT—9:53 PM APPROVED: Attest: City of Ocoee Melanie Sibbitt, City Clerk Rusty Johnson, Mayor 10IPage