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Home My WebLink About10-04-11 MINUTES OCOEE CITY COMMISSION October 4, 2011, at 7:15 P.M. REGULAR CITY COMMISSION MEETING A. CALL TO ORDER Mayor Vandergrift called the regular session to order at 7:15 p.m. in the Commission Chambers of City Hall. Commissioner Keller gave the invocation, followed by the Pledge of Allegiance to the Flag, led by Commissioner Hood. City Clerk Eikenberry called roll and declared a quorum present. Roll Call: Commissioner Hood, Commissioner Wilsen, Mayor Vandergrift, Commissioner Johnson and Commissioner Keller. Also Present: City Attorney Rosenthal, City Manager Frank, City Clerk Eikenberry B. CALL TO ORDER Invocation — Brent Sauser, Ocoee Ward of the Church of Jesus Christ of Latter -day Saints Pledge of Allegiance — Commissioner Hood Roll Call and Determination of Quorum — City Clerk Eikenberry C. PRESENTATIONS AND PROCLAMATIONS Patriotic Banner in Tribute of All Fallen Law Enforcement Officers in the Line of Duty Chaplain David Duffany briefly thanked the City for giving him the opportunity to be before them tonight and explained the banner he is presenting is in remembrance of all the law enforcement officers who have given their life in the line of duty. He gave special thanks to the Ocoee Police Department for donating a badge to allow him to represent the city on his banner. The banner will be put up for auction in the National Law Enforcement Foundation and the money raised will go toward building their museum in Washington D.C. Presentation of Breast Cancer Awareness Month T- Shirts to the Commission Deputy Fire Chief Hoover said October is Breast Cancer Awareness Month and Fire Chief McNeil has allowed their staffs to wear pink shirts during the month of October to help with the awareness and affects that prevent breast cancer. The Fire Department has one of their own that is a survivor of breast cancer, Lt. Amy Fulner. Pink shirts were provided to everyone on the Commission. Proclamations - Put the Brakes on Fatalities Dav — October 10, 2011 Mayor Vandergrift read and presented the Put the Brakes on Fatalities Day proclamation to Deputy Police Chief Goclon and Police Officer Teddy Levin. Proclamation - National Family Week — October 29 — November 5th Mayor Vandergrift read and presented the National Family Week proclamation to Ocoee Resident Victoria Laney and Brent Sauser of the Ocoee Ward of the Church of Jesus Christ of Latter -day Saints. Victory Laney briefly explained the activities being hosted throughout the area in honor of National Family Week. D. COMMENTS FROM CITIZENS/PUBLIC None City Commission Regular October 4, 2011 E. STAFF REPORTS AND AGENDA REVIEW City Manager Frank announced the following: 1. The Presidential Primary Election date was declared on Friday and will be set for January 31, 2012. Supervisor of Elections Bill Cowles is requiring that all municipalities that piggy -back off of this election must have their qualifying done on or before November 22, 2011. On this schedule, qualifying will be set for noon Monday November 14 through noon Monday November 21. Mr. Cowles has also requested that those cities with run -off elections stay together and hold their run -offs on March 13 He added that there is an emergency agenda item and emergency ordinance on the dais to be adopted. Emergency Ordinance Modifying the City's General Municipal Election Dates to Coincide with the Presidential Preference Primary Date on January 31, 2012 and Providing for a Qualifying Period and Run -Off Election. § 101.75 (3) Florida Statutes provides that: Not withstanding any provision of local law or municipal charter, the governing body of a municipality may, by ordinance, move the date of any municipal election to a date concurrent with any statewide or countywide election. The dates for qualifying for the election moved by the passage of such ordinance shall be specifically provided for in the ordinance. The term of office for any elected municipal official shall commence as provided by the relevant municipal charter or ordinance. This Ordinance has to be adopted as an Emergency Ordinance, due to the late announcement of the Presidential Preference Primary date creating a situation where there is not enough time to advertise as required by Charter if adopted as a standard ordinance with two readings. Adoption of the attached ordinance will result in a significant savings to the City of approximately $45,000. Staff recommends the Mayor and Commission adopt the ordinance changing the Ocoee General Election to January 31, 2011, to coincide with the Presidential Preference Primary in order to increase voter turnout and create a significant savings to the City. Mayor Vandergrift declared the item an Emergency. City Attorney Rosenthal read the title of the Emergency Ordinance and stated that this is an emergency ordinance which will be read and adopted this evening. Mayor Vandergrift asked how this will affect the election. City Clerk Eikenberry stated the General Election will be held on January 31, 2012; the candidate qualifying period will be November 14 -21, 2011; and if there is a run -off election the date will be March 13, 2011. Commissioner Wilsen, seconded by Commissioner Keller, moved to approve Emergency Ordinance No. 2011 -018 modifying the City's General Municipal Election date to Coincide with the Presidential Preference Primary date on January 31, 2012 and approving the qualifying and run off dates as set forth in the ordinance. Motion carried 5 -0. The emergency ordinance as adopted carries the following title: ORDINANCE 2011 -018 AN EMERGENCY ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA MODIFYING THE CITY'S GENERAL MUNICIPAL ELECTION DATES TO COINCIDE WITH THE PRESIDENTIAL PREFERENCE PRIMARY DATE IN 2012; PROVIDING FOR A QUALIFYING PERIOD AND SCHEDULE FOR RUN -OFF ELECTION TO BE APPLIED IN CONJUNCTION WITH SAID ELECTION; DESIGNATING THE ORANGE COUNTY CANVASSING BOARD AS THE CITY CANVASSING BOARD FOR THE GENERAL MUNICIPAL ELECTION; FINDING THE EXISTENCE OF AN EMERGENCY; AND PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE Page 2 — - - - -- — — - _ - -- City Commission Regular October 4, 2011 STAFF REPORTS AND AGENDA REVIEW CONTINUED 2. Lexington Park Development and Easement Agreement (for Item #6) was placed on the dais; it will be explained later under that item. 3. Walk to School Day — Wednesday October 05, 2011, from 7:00a.m. - 8:00a.m. The City of Ocoee Police Department will be at Spring Lake Elementary and Citrus Elementary promoting walking to school and riding a bicycle to school. The police department will be thanking the students for walking and bicycling to school and passing out free bicycle helmets and other items. 4. Handgun Safety Class - Saturday October 08, 2011, from 8:00 a.m. - 1:OOp.m. Free handgun safety class taught by Ocoee Police Officers. Topics include terminology, safety, loading and unloading, shooting basics, laws, use of force, concealed weapon permits and proficiency. The class is held at the Ocoee Police Department. If interested please contact Officer Teddy Levin at 407 - 905 -3160 ext. 3024 or at tlevin(a ci.ocoee.fl.us. 5. National Safety Event at Sears in the West Oaks Mall — Saturday October 08, 2011, from 12:OOp.m. till 3:OOp.m. The police department will be fingerprinting children and passing out child identification kits. 6. Fall Festival at the Jim Beech Center — Saturday October 15, 2011, from 11:30a.m. to 5:OOp.m. The City of Ocoee Police Department will be fingerprinting children and passing out child identification kits. 7. Trunk or Treat Event, at the Children Safety Village (910 Fairvilla Road, Orlando FL) — Saturday October 22, 2011, from 1:OOp.m. till 4:OOp.m. This is a free community event sponsored by the Children Safety Village. Families from all over are invited to attend. It's a safe alternative to traditional Halloween trick or treating. The police department's PC Cruiser will also be attending the event and interacting with the children. 8. The Parks and Recreation Department's first Food Truck Friday event was held this past Friday at Bill Breeze Park, with approximately 800 residents and visitors enjoying a variety of gourmet food from Central Florida food trucks. The next event is scheduled for Friday, October 28th which will feature live entertainment, so mark your calendars and plan to attend. 9. The Parks and Recreation Department wishes to invite everyone to attend this year's 4th Annual Haunted House event on October 27th, 28th and 29th, located at 951 Ocoee - Apopka Road. There will be games, bounce houses, hay rides, a haunted walk and other fun activities for the entire family. Cost is $2.00 to enter the house or $1.00 with a non - perishable food item, which will be donated to the West Orange Christian Service Center, and $1.00 for the haunted walk. For more information, please contact the Parks and Recreation Department. Page 3 — — — — — City Commission Regular October 4, 2011 F. COMMISSIONERS ANNOUNCEMENTS Commissioner Keller — None Commissioner Johnson- apologized for missing the CRA meeting due to attending the viewing for former Commissioner Vard Hager who passed away this week. He also asked that everyone please keep his family in their prayers and briefly shared some memories that he had of Mr. Hager. Mayor Vandergrift shared the eulogy information that was published in the paper. Commissioner Wilsen — None Commissioner Hood — None Mayor Vandergrift — Encouraged everyone to go out and walk to school tomorrow in support of National Walk to School Day. G. CONSENT AGENDA Commissioner Wilsen, seconded by Commissioner Keller, moved to approve the Consent Agenda Items #1 through #3 with the correction made to minutes under Item K. Motion carried 5 -0. 1. Approval of Minutes for the Regular Commission Meeting Held September 20, 2011. . (City Clerk Eikenberry) Approved on Consent. Motion carried 5 - 0. 2. Appointment to the Human Relations Diversity Board. (City Clerk Eikenber Members of the Human Relations Diversity Board serve two -year terms. Currently, the Human Relations Diversity Board has seven (7) members. The board's resolution allows no less than seven (7) members and no more than fifteen (15) members. One application was received from Ms. Barbara -Anne Boudokhave expressing an interest in serving on the board. Approved on Consent. Motion carried 5 -0. 3. Approval of 2011 -2014 Fire Dispatch Services Interlocal Agreement between Orange County and the City of Ocoee. (Fire Chief McNeil) The City of Ocoee entered into an Interlocal Agreement for Fire Dispatch Services with Orange County in April 2004. Since then the original four fiscal -year agreement has been renewed three times. These renewals were done in the form of two one -year agreements and one two -year agreement. The Ocoee Fire Department continues to receive superior dispatch services from Orange County and would like to continue the same by entering into the proposed three -year Interlocal Agreement. Approved on Consent. Motion carried 5 -0. Page 4 -- -- City Commission Regular October 4, 2011 LH. FIRST READING OF ORDINANCES J � 4. Donahue (120 1st Street). (Second Reading and Public Hearing is scheduled for October 18, 2011, Regular Commission Meeting at 7:15 p. m. or soon t (C1ty Planner Rumer) The subject property is located on the west side of 1' Street, south of Silver Star Road. The proposed Annexation and Rezoning is for the +/- 0.60 acre parcel of land known as the Donahue Property located at 120 l st Street. a. Annexation Ordinance b. Rezoning Ordinance Mayor Vandergrift announced the Second Reading and Public Hearing is scheduled for October 18, 2011, Regular Commission Meeting at 7:15 p.m. or soon thereafter. City Attorney Rosenthal read the title of the Annexation Ordinance and Rezoning Ordinance. I. PUBLIC HEARING - FIRST READING OF ORDINANCE 5. Land Development Code Amendment — Table 5 -1. (Advertised in the Orlando Sentinel Orange Extra on Thursday, September 22, 2011. Second Reading and Final Public Hearing is scheduled for October 18, 2011, Regular Commission Meeting at 7:15 p.m. or soon thereafter,). (City Planner Rumer) Staff is requesting approval of an Ordinance providing for amendments to the Land Development Code relative to Table 5 -1 of Article V of Chapter 180, making Pawn Shops prohibited in the C -2 zoning district, and prohibiting Automobile Service Stations and Automobile Repair in the C -2 zoning district. Mayor Vandergrift announced Second Reading and Final Public Hearing is scheduled for October 18, 2011, Regular Commission Meeting at 7:15 p.m. or soon thereafter. City Attorney Rosenthal read the title of the Ordinance. Mayor Vandergrift opened the Public Hearing. City Planner Rumer briefly explained this is a staff initiated change to the City's Land Development Code (LDC). The change would remove Pawn Shops as a permitted use in the C -2 but still allow for permitted use in C -3, I-1 and I -2 zoning districts. The change would also make Automobile Repair and Automobile Service Stations, which are currently permitted with a Special Exception, as permitted uses in the C -3, I -1 and I -2 zoning classifications. Mayor Vandergrift closed the Public Hearing. J. PUBLIC HEARING J 6. Lexington Park at Ocoee. (Advertised in the Orlando Sentinel on Sunday, September 25, 2011). (Principal Planner Fabre) The subject property is located on the southwest corner of Hackney Prairie Road and Clarke Road and is approximately 21.13 acres in size of which approximately 6.39 acres are designated as wetlands. The Lexington Park at Ocoee is proposed to be an Assisted Living Facility that includes a Memory Care component. The total project is proposed to be developed in two phases. Phase 1 will consist of a single -story 54,000 square feet Assisted Living (Memory Care) Facility and Phase II will consist of a future multi -story Assisted Living Facility. This Preliminary/Final Site Plan will only be for Phase I of the development. Accordingly, Phase II will require a Preliminary/Final Site Plan in order to be approved at a future date. a. Preliminary/Final Site Plan b. Development Agreement - Forthcoming (not a public hearing) Page 5 City Commission Regular October 4, 2011 Principal Planner Fabre briefly summarized that the subject property is located on the southwest corner of Hackney Prairie Road and Clarke Road. The Future Land Use designation for the subject site is "Medium Density Residential" which allows up to 8 dwelling units per acre and "Conservation/Floodplains" along Lake Meadow. Furthermore, the requested "Assisted Living Facility" use is consistent with the Future Land Use designation. On February 16, 2010, the City Commission reviewed and approved a Substantial Amendment to the Land Use Plan for Tract "G" (subject property) of Prairie Lake PUD. The amendment consisted of allowing Assisted Congregated Living Facility (ACLF), Nursing Home, Two - Family Dwelling and Single - Family Dwelling as permitted uses. The Lexington Park at Ocoee is proposed to be an Assisted Living Facility that includes a Memory Care component. The total project is proposed to be developed in two phases. Phase 1 will consist of a single -story 54,000 square feet Assisted Living (Memory Care) Facility and Phase II will consist of a future multi -story Assisted Living Facility. This Preliminary /Final Site Plan will only be for Phase I of the development. Accordingly, Phase II will require a Preliminary /Final Site Plan in order to be approved at a future date. He further explained access points, easements, and recreational trails that were all incorporated into the development plan. Justin Kovacsik, Representative for the developer, said he is available for any questions the commission may have. Mayor Vandergrift opened the public hearing. As no one wished to speak the public hearing was closed. Commissioner Keller, seconded by Commissioner Wilsen, moved to approve the Preliminary /Final Site Plan for Lexington Park at Ocoee subject to the execution of the development and easement agreement in a form and content acceptable to the City Planner and City Attorney; and to the provision of a title report acceptable to the City Attorney. Motion carried 5 -0. City Attorney Rosenthal explained that the development and easement agreement has been provided on the dais in front of them. He explained that this agreement will essentially implement a number of easements showing in the final phase 1 plan. The agreement will also address some certain transportation improvements which will be made in connection with phase 2 of the project with an outside date of 5 years from the date of approval of the agreement. Also provides for the dedication and conveyance of the upland buffer and wetlands to the City. Mayor Vandergrift inquired from Mr. Kovesek if he was in agreement with this. Mr. Kovesek stated their attorney was reviewing it now and they will respond. Commissioner Keller, seconded by Commissioner Hood, moved to approve the Development Agreement for Lexington Park at Ocoee with the same conditions of the prior motion for the Preliminary /Final Site Plan. Motion carried 5 -0. K. REGULAR AGENDA — — — — -- — Page 6 -- -- — -- City Commission Regular October 4, 2011 7. Approval of Resolution Amending and Replacing Resolution No. 2010 -014 Providing a Fee Structure for the Ocoee Parks and Recreation Department for Participation in Recreation Programs, Classes, Activities and Events, Rental of City Facilities, Memberships, and Usage Fees. (Parks and Recreation Director Hayes) h 4 ...,. The Parks and Recreation Department has completed a review of all fees for parks, facilities, programs, and memberships; and is recommending adjustments to several of the fees. All of the proposed fee adjustments have been identified in Schedule "A ". Furthermore the Parks and Recreation Advisory Board reviewed the proposed fee schedule and recommended the proposed fee schedule to the City Commission for consideration. City Attorney Rosenthal read the title of the Resolution. Parks and Recreation Director Hayes explained the proposed fee structure stating they are making minor changes to fees for the use of the City's parks and recreational facilities, and for participation in recreation programs, classes, activities and events, for memberships, and for the use of the swimming pool. Commissioner Wilsen announced a concern with the Haunted House admission due to a publication that was advertised by Community Relations Manager Wright which stated the cost for the Haunted House would be $1.00 admission. The approval of this resolution will increase the rate to $2.00 which is contradicting with what was published. City Manager Frank said they could look into it and if there is a contradiction then they can allow the commission to decide if they would like to honor it this one time. Commissioner Wilsen, seconded by Commissioner Keller, moved to approve Resolution No. 2011 -011 providing a fee structure for Ocoee Parks and Recreation for participation in recreation programs, classes, activities and events, rental of city facilities, memberships, and usage fees; and keeping the haunted house fee at $1.00, for this near only, if there is a current magazine advertisement that conflicts with the $2.00 admission price. Motion carried 5 -0. The resolution as adopted carries the following title: RESOLUTION NO. 2011 -011 A RESOLUTION OF THE CITY OF OCOEE, FLORIDA AMENDING AND REPLACING RESOLUTION NO. 2010 -014; PROVIDING A FEE STRUCTURE FOR THE OCOEE PARKS AND RECREATION DEPARTMENT FOR PARTICIPATION IN RECREATION PROGRAMS, CLASSES, ACTIVITIES AND EVENTS, RENTAL OF CITY FACILITIES, MEMBERSHIPS, AND USAGE FEES; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. LL. STAFF ACTION ITEMS None Page ---- - - - - -- - - -- -- ---- - - - - -- City Commission Regular October 4, 2011 M. COMMENTS FROM COMMISSIONERS Commissioner Keller — None Commissioner Johnson- None Commissioner Wilsen - 1) announced the Woman's Club of Ocoee has a Brunch, Basket and Beauty event this Saturday from 10:00 am — 2:00 pm. Tickets are $20.00 .2) announced they are still accepting applications for the Marketplace for Founders' day. Interested parties should contact City Hall or go on the Founders' Day website for further information. Commissioner Hood None Mayor Vandergrift — 1) announced the Ocoee High School is playing Apopka this Friday and they need your support! (ADJOURNMENT The meeting was adjourned at 7:53 p.m. APPROVED: Attest: City of Ocoee I VAI k 40 rly ikenberry, City Cler , S. Scott Vandergrift, Mayor Page 8 —