HomeMy WebLinkAboutItem #01 Approval of Minutes for the Regular Commission Meeting Held February 18, 2014MINUTES
February 18, 2014, 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 Grogan. City Clerk Eikenberry called roll and
declared a quorum present.
Roll Call: Commissioner Grogan, Commissioner Wilsen, Mayor Vandergrift, Commissioner
Johnson (absent), and Commissioner Keller.
Also Present: City Attorney Cookson, City Manager Frank, City Clerk Eikenberry
B. PRESENTATIONS AND PROCLAMATIONS
Proclamation — Irish American Heritage Month - March 2014
Mayor Vandergrift proclaimed March 2014 as Irish American Heritage Month.
Presentation of Completion Award to Commissioner John Grogan for Successfully
Completing the Advanced Institute for Elected Municipal Officials held October 25 -26,
2013
Mayor Vandergrift recognized and presented Commissioner Grogan with an award for
completing the Advanced Institute for Elected Municipal Officials through the Florida League of
Cities.
C. COMMENTS FROM CITIZENS /PUBLIC
Ocoee Lion's Club Member Wheeler presented a check to Commissioner Wilsen in the
amount of $125 to go toward the Ocoee Spring Fling Event. Mr. Wheeler shared that the Ocoee
Lion's Club would also be cooking and serving hot dogs at this event. A check in the amount of
$250 was also presented, by Mr. Wheeler, to Brian Finger with the Ocoee Little League.
Steve Mitchell, President of Oakwood Plaza, inquired if the City had received his letter
regarding his interest in purchasing the property to the south of his business. City Manager
Frank advised that Support Service Director Butler was working with them and they had an
appraisal recently done that valued the property at $60,000 while Mr. Mitchell's offer is for
$10,000. The City Manager shared that as far as he knows they are still in negotiations. Mr.
Mitchell said that the land is vacant and their delivery vehicles have been using it for many
years. He explained that a while ago they were approached by the Rotary Club and City staff
regarding using the land for a garden but it seems that project has been placed on hold. Further
discussion issued regarding the use of the property and if Quality Vaults had approached the City
regarding using the property. Mr. Mitchell briefly explained his reasons for being interested in
the property and the savings it would create for the City if they did not have to maintain it any
longer.
Commissioner Wilsen said this is the first time she is hearing of this and she is unclear of what
is being asked tonight. She would personally like if he spoke with the City Manager and
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information regarding this issue be sent to them. Mr. Mitchell said he sent a letter to Mr. Butler
and did receive a response back but felt that the Commission should be aware and have a final
say. Commissioner Keller commented that the negotiations should be handled with staff first
before it is brought before the Commission and feels it is being handled as it should be. A brief
discussion ensued regarding the appraisal. After the discussion, City Attorney Cookson advised
that the City Charter does provide that the City cannot sell property below the fair market value
unless there is a specific finding of good cause.
D. STAFF REPORTS AND AGENDA REVIEW
City Manager Frank announced that for Item 49 Spring Lake Reserve, changes were made to
the Conditions of Approval in the Development Agreement, and it has been placed on the dais
for their review. A brief explanation of the changes that were made to the Development
Agreement was explained by City Planner Rumer.
E. COMMISSIONERS ANNOUNCEMENTS
Commissioner Wilsen — 1) announced the Spring Fling is on Saturday March 8 °i and includes
door prizes, food, and fun. The event is an educational event and there are openings for
participants that meet the criteria. 2) the Ocoee Women's Club is hosting its Birthday Luncheon
on March I at the Ocoee Women's Club. Tickets are still available for $20. 3) inquired if the
February 26"' Workshop can be cancelled since the City Manager has been in dialogue with the
Fire Department which seems to be coming toward some kind of concession. City Manager
Frank said he would be in favor of cancelling the meeting, as well, since he did have a meeting
with some members of the Fire Union. He shared that the Fire Union advised him that they
would be willing to look at certain different clauses of their collective bargaining agreement. A
lengthy discussion was initiated by the Mayor regarding his dissatisfaction on how the discussion
was initiated with Orange County and when the feasibility study had been done. The
Commissioners all voiced their support with the City Manager's decision to look into cost
savings idea that would benefit the City.
Commissioner Wilsen, seconded by Commissioner Keller, moved to cancel the
February 26 Workshop until discussions are finalized with the Fire Union and
City Manager.
The Mayor inquired from Acting Fire Union President Kelley if he was aware of negotiations
regarding their contract with the City. Acting Fire Union President James Kelley advised he
has spoken with the City Manager and they are fully aware that they will be working alongside
the Fire Department as a whole to come up with different ways to do business. Mayor
Vandergrift commented that they should look into having an efficiency expert look at the whole
City.
Motion passed 3 -1 with Mayor Vandergrift opposing and Commissioner Johnson
absent.
Commissioner Grogan — 1) announced Friday, February 21" is Food Truck Friday. Also the
movie "Miracle" will be shown during the event; the event will be from 6:00 p.m. - 9:00 p.m. 2)
thanked the Police Department for inviting him to represent the City and attend the funeral of
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Deputy Jonathan Pine. The City was represented by 15 Ocoee Police Officers in their Class A
uniforms. He shared that he cannot explain the many emotions he witnessed.
Commissioner Keller — 1) announced that he was with the Police Department at the Crisis
Intervention Team Awards and wanted to congratulate the department for receiving three
awards. 2) said if they recall last year 5 year old Noah celebrated his birthday by collecting
donations for the Ocoee Fire Department. This year Noah has chosen to raise funds at his 6
birthday for the Ocoee Police Department.
Mayor Vandergrift — None
F. CONSENT AGENDA
Commissioner Keller, seconded by Commissioner Wilsen, moved to approve the
Consent Agenda Items #1 through #7. Motion carried 4 -0 with Commissioner
Johnson absent.
1. Approval of Minutes for the Regular Commission Meeting Held February 4, 2014. (City
Clerk Eikenberry)
Approved on Consent. Motion carried 4 -0 with Commissioner Johnson absent.
2. Reappointments to the Community Grant Review Board. (City Clerk Eikenberry)
Members of the Community Grant Review Board serve two -year terms. Three members have terms expiring
March 2014, and only two wish to be reappointed. Jim Sills and Glenda Dunn have stated their interest in being
reappointed for another term ending March 2016; however, Julie Butler declined reappointment, hence leaving
one vacant position on the board. There are currently no applications on file of interested persons for this board.
Approved on Consent. Motion carried 4 -0 with Commissioner Johnson absent.
3. Approval of Special Event Continuation of Farmers' Market 2014. (Building Official
Washington)
Jim Sills submitted a Special Event application requesting permission to continue the Fanners' Market under
the direction of the Ocoee Lions Club in the downtown area, and temporary closing of McKey Street from the
intersection of Bluford Avenue to Cumberland Avenue. The Special Event application does not indicate
significant changes to the approval from 2013. The Lions Club stated the Farmers' Market has not created a
negative impact on any City services and continues to provide service to many residents. The use of the
barricades will still be needed to close McKey Street every Friday from 2pm -7pm in the winter months and
2pm -8pm in the summer months, including the occasional use of electricity from the power pole located on
McKey Street. The Ocoee Lions Club and the local vendors will remain responsible of the Farmer's Market.
The city field located on Bluford Avenue between Oakland Avenue and McKey Street will continue as
alternative parking.
Approved on Consent. Motion carried 4 -0 with Commissioner Johnson absent.
4. Approval of Non - Design Related Services for the Roberson Road Improvement Project
from Donald W.''McIntosh Associates, Inc. in the Amount of $17,900. (City Engineer
Wheeler)
The City Commission approved the Annexation and Development Agreement for the Belmere Planned
Development at the August 5, 2008, Commission meeting. As a part of that Agreement, the City agreed to have
Unicorp, Inc., the developer, design, permit, and construct certain improvements to Roberson Road. Unicorp,
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Inc. was to employ their site civil engineer, Donald W. McIntosh Associates, Inc. (DWMA), to prepare the
roadway improvement plans. The City would be responsible in securing any additional right -of -way and
stormwater facilities as may be required.
The additional lanes at the intersection with Maguire Road required a modification to the stormwater permit
obtained for the Maguire Road widening project that was completed over ten years ago. Staff has worked with
DWMA to design the road improvements to fit within the existing right -of -way with the exception of the
sidewalk and utilities along the north side of the road. Staff, along with legal counsel has been in conversations
with the five property owners along the northern side of Roberson Road. DWMA prepared sketches and
descriptions for the sidewalk and utility easements and for temporary construction easements with the five
property owners. The proposal from DWMA details the proposed work at a not to exceed amount of $17,900.
The project is to be funded from the collection of the Road Impact Fees as spelled out in the Annexation and
Development Agreement from the various phases of the development. The City has already collected Road
Impact Fees from the CVS Pharmacy, commercial strip center, Day Care, and the Casa Mirella apartment
complex that total $926,453. In accordance with the Annexation and Development Agreement, the City has
already reimbursed Unicorp, Inc. for DWMA's design services. This project is not currently funded in the
City's budget.
Approved on Consent. Motion carried 4 -0 with Commissioner Johnson absent.
5. Approval of Sidewalk Easement on Lots 21 and 22 in the Brynmar Subdivision. (City
Engineer Wheeler)
Brynmar is a 95 lot single family residential subdivision located on McCormick Road and Ingram Road. There
are two home builders in the subdivision — Beazer Homes Corp. and Richmond American Homes. Sidewalks
along the frontage of the individual lots are installed as houses are constructed on those lots. The 5 foot wide
sidewalks generally abut the edge of the road right -of -way. In instances where there are conflicts with fire
hydrants or trees the sidewalks are moved towards or away from the road. The Brynmar subdivision is an
ungated development and the City owns and maintains the road Right -of -way.
Beazer Homes Corp. has discovered a conflict with a fire hydrant that cannot be remedied by moving the
sidewalk towards the road and still maintains a safe distance from the back of curb. Therefore it is necessary to
move the sidewalk behind the fire hydrant and partially in to the lot, which requires an easement for the
sidewalk. Of the three instances where the sidewalk was moved in this development, this is the only one that
moved the sidewalk into the lot and required the easement. The other option would be to move the fire hydrant,
which could be an expensive solution and would require an easement to place it behind the sidewalk and into
the property.
Approved on Consent. Motion carried 4 -0 with Commissioner Johnson absent.
6. Approval of Old Winter Garden Road Stormwater Permit Modification in Conjunction
with the FDOT Widening of SR 50. (City Engineer Wheeler)
The Florida Department of Transportation (FDOT) is in the process of finalizing their plans for the widening of
SR 50 to six travel lanes through Ocoee from the entrance to the West Oaks Mall to SR 429. The large
undeveloped parcel in the Ocoee Commerce Center that abuts Bluford Avenue is to be one of the retention
ponds for that road widening project. City staff has been working with FDOT and its consultant about joining
the City's small dry pond into the larger FDOT pond. The two ponds would be separated by a sidewalk and
berm if not merged. The City plans to develop a walking park around the retention pond once constructed by
FDOT's contractor.
The small dry pond was constructed as part of the City's Old Winter Garden Road widening project that has
been completed for almost eight years. That project, including the small pond, was part of a stormwater permit
issued by the St. Johns River Water Management District (SJRWMD). To take that small pond out of the
drainage basin for the Old Winter Garden Road project and include it into the SR 50 project may require a
permit modification for the Old Winter Garden Road project with the SJRWMD. This permit modification
would be separate from the permit modification being submitted by FDOT. Each project is also in a separate
drainage basin, too.
FDOT is handling its permitting issues and the plans update in preparation for bidding the project. The City
would need to modify its permit, if required. The proposal from Pegasus Engineering, LLC is to review the
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original SJRWMD permit and old project files for the Old Winter Garden Road project and FDOT's permit
applications and project plans and to prepare a permit modification, if required, for the SJRWMD permit for the
Old Winter Garden Road project. The proposal is for a not to exceed amount of $13,000, including expenses,
for this work. Pegasus Engineering LLC is one of the City's continuing consultants and many of their
employees worked on the Old Winter Garden Road project when they were at PEC, Inc.
Approved on Consent. Motion carried 4 -0 with Commissioner Johnson absent.
7. Approval to Engineering Design Services for °a Portion of the Central Force Main
Project with Barrios Engineering, LLC. (City Engineer Wheeler)
Stephens Barrios, LLC has submitted plans for a Family Dollar Store to be constructed on a vacate parcel
beside the Marathon Oil Convenience Store on Wurst Road. The property and area are not currently served by
City sanitary sewer services; the Marathon Oil Store has a septic system. The design for the Family Dollar
Store initially included a septic system for sanitary waste treatment. This project is proposed to start
construction shortly after approval by the City and be completed this year.
The City Capital Improvement Program plans the construction of a new collection transmission system to
support the downtown area west and southwest areas of the City. The transmission mains path runs west on
A.D. Mims / Wurst Road to Lakewood Ave then south into the downtown area. The new main pass directly in
front of the Family Dollar site. Staff will be seeking funding for the transmission main project Spring of 2014
with construction to follow within 210 days.
Staff seeking opportunities to move forward with this project and assure the Family Dollar Store does not
experience a double expense, a septic system and a year later connection to the transmission main, requested the
developer /engineer to consider the design and construction of the portion of main need to provide sewer service
to the development and the Marathon Oil Store.
Barrios Engineering, LLC, the engineering design division of Carlos Barrios agreed and submitted a proposal to
design the force main in the amount of $25,000. This portion of the force main will be deleted from the
overall project, both design and construction. Fiscal Year 2013/2014 budget includes $200,000 to start the
design of the downtown sewer and includes $40,000 for sewer line upsizing that will be used for construction.
The approval of this item does not commit the City to using Barrios Engineering, LLC to perform the
construction and the construction will require a later action by City Commission.
Approved on Consent. Motion carried 4 -0 with Commissioner Johnson absent.
G. SECOND READING OF ORDINANCES — PUBLIC HEARINGS
8. Ocoee Elementary School. (Advertised in the Orlando Sentinel on Thursday, February 6, 2014, and
Thursday, February 13, 2014). (Principal Planner Fabre)
The subject parcel is the expansion site for the existing Ocoee Elementary School. The subject property is
considered contiguous to the City of Ocoee since it bordered by property located within the City limits on the
north, west and south adjacent boundaries. City staff has requested a City of Ocoee zoning designation of "A -1"
(General Agricultural), which is consistent with the zoning of the property to the North (the existing Ocoee
Elementary School property).
a Annexation Ordinance
Principal Planner Fabre gave a background summary of the proposed annexation which
included general location and future land use designation.
Mayor Vandergrift opened the public hearing. As no one wished to speak, the public hearing
was closed.
City Attorney Cookson read the title of the annexation ordinance.
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Commissioner Wilsen, seconded by Commissioner Grogan, moved to adopt
Ordinance No. 2014 -004 approving the annexation of +/- 6.42 parcel of land known
as the Ocoee Elementary School Expansion Site. Motion carried 4 -0 with
Commissioner Johnson absent.
The ordinance, as adopted on second reading, carries the following title:
ORDINANCE NO. 2014 -004
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE
CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL
PROPERTY CONTAINING APPROXIMATELY 6.42 ACRES LOCATED ON THE
NORTHEAST SIDE OF EAST ORLANDO AVENUE AND SOUTH LAKEWOOD
AVENUE, PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY
OWNER; FINDING SAID ANNEXATION TO BE CONSISTENT WITH THE OCOEE
COMPREHENSIVE PLAN, THE OCOEE CITY CODE, AND THE JOINT PLANNING
AREA AGREEMENT; PROVIDING FOR AND AUTHORIZING THE UPDATING OF
OFFICIAL CITY MAPS; PROVIDING DIRECTION TO THE CITY CLERK;
PROVIDING FOR SEVERABILITY; REPEALING INCONSISTENT ORDINANCES;
PROVIDING FOR AN EFFECTIVE DATE.
b. Rezoning Ordinance
City Attorney Cookson read the title of the rezoning ordinance.
Mayor Vandergrift opened the public hearing. As no one wished to speak, the public hearing
was closed.
Commissioner Wilsen, seconded by Commissioner Keller, moved to adopt
Ordinance No. 2014 -005 approving an Initial Zoning classification of "A -1" for the
land known as the Ocoee Elementary School Expansion Site. Motion carried 4 -0
with Commissioner Johnson absent.
The ordinance, as adopted on second reading, carries the following title:
ORDINANCE NO. 2014 -005
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA ESTABLISHING OCOEE
A -1 ZONING, GENERAL AGRICULTURE DISTRICT, FOR CERTAIN REAL
PROPERTY COMPRISING APPROXIMATELY 6.42 ACRES LOCATED ON THE
NORTHEAST CORNER OF EAST ORLANDO AVENUE AND SOUTH LAKEWOOD
AVENUE, OCOEE, FLORIDA, PURSUANT TO THE APPLICATION SUBMITTED
BY THE PROPERTY OWNER; FINDING SUCH ZONING TO BE CONSISTENT
WITH THE OCOEE COMPREHENSIVE PLAN, THE OCOEE CITY CODE, AND
THE JOINT PLANNING AREA AGREEMENT; PROVIDING FOR AND
AUTHORIZING THE REVISION OF THE OFFICIAL CITY ZONING MAP;
REPEALING INCONSISTENT ORDINANCES; PROVIDING AN EFFECTIVE DATE.
9. Spring Lake Reserve. (Advertised in the Orlando Sentinel on Thursday, February 6, 2014). (Principal
Planner Fabre)
The subject property is located on the south side of A.D. Mims Road directly across from the City's Jim Beech
Recreation Center. The subject site is approximately 43.21 acres in size of which 17.56 acres are uplands and
25.65 acres are wetlands /surface water. The Spring Lake Reserve PUD is a planned residential subdivision that
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proposes a total of 99 single - family detached residential lots with a requested net density of 5.59 units per acre,
which does not exceed the underlying land use maximum density allowed. The PUD is proposed to have a neo-
traditional neighborhood design concept similar to The Villages of Wesmere.
a. Rezoning to PUD Ordinance
City Attorney Cookson read the title of the rezoning ordinance.
Principal Planner Fabre presented the Spring Lake Reserve project. He stated there was a
community meeting and the concerns regarding fencing were addressed by the developer and
changes were made to improve the fencing material and location of the fence.
Mayor Vandergrift opened the public hearing.
R.P. Monacky, 1820 Prairie Lake Blvd., inquired what the lot sizes are in comparison of the
standard single family lot in Ocoee. Principal Planner Fabre said they are getting a PUD because
of the smaller lot sizes. This PUD will have lot sized around 37 feet wide as opposed to standard
lot sizes of 70 feet. Commission Wilsen explained that this is a high density, it appeals to
people who do not want a lot of lawn maintenance on their property.
Laura Gleason, 1433 Spring Lake Terrace, resident said she was at the Planning and Zoning
meeting and she still does not agree with this. She thought there may be some large estates built
there in the future, but never thought there would be a high density development. She is
concerned about wildlife because that lake is very active with eagles, egrets, hawks, owls, blue
and white herons, etc. She is concerned that there may be flooding issues because a portion of
the property is in the flood zone.
Frances Brender, 1305 Ridgefield Ave., wanted to be sure that an environmental study is done.
There are sandhill cranes on the lake which she believes to be an endangered species and that
needs to be looked at. She had concerns about all of the added traffic this will bring. Mayor
Vandergrift stated that there will be a study done with regard to endangered species; he also
agreed that added traffic will probably create the need for a left turn lane near the Beech Center.
Ms. Brender added that she thinks this area is one of a kind in Ocoee and would not want to see
it destroyed, or future properties like this. Mayor Vandergrift added that according to the state
we have more parks than needed.
Mayor Vandergrift asked what the treatment would be for Spring Lake Shores along the lake,
will there be a retention pond. Principal Planner Fabre said that will be looked at the
Preliminary and Final Site Plan (PSP /FSP) level. He also added that there is a turn lane coming
into their site, it is a line with entrance to the Beech Center. They want to get a left turn lane to
get vehicles out of the way so traffic is not disturbed. There was discussion in the Planning and
Zoning meeting about enhancing the crossing area for the Beech Center; the developer said he
would look at that during the PSP /FSP level. There was some discussion about the retention area
and wetland areas. Mr. Fabre noted that the Comprehensive Plan allows for encroachment onto
flood zones if there is a 2:1 ratio of conservation area provided for each amount of encroachment
area. This development provides much more than is required. Mr. Fabre said BioTech has done
an environmental study, they did not report any of the species mentioned here tonight. We are
going to have them do another study at the PSP /FSP level.
Mayor Vandergrift asked about access to the lake for the recreation area. Mr. Fabre said the
developer is looking into a boardwalk or other type of access. He also showed an aerial shot
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Regular City Commission
showing that most the trees will not be disturbed, although some areas the trees will have to be
thinned out. They discussed the enhancements to the fencing that was originally proposed to
address the concerns of residents at the Planning and Zoning Meeting and the Community
Meeting. He said the fence will be a dark vinyl PVD fence with a wood grain, and he will
extend it as far as possible without disturbing the wetlands.
Commissioner Keller expressed concerns for two units that were encroaching into the flood
zone area. Mr. Fabre said that is being mitigated by the developer and in exchange they have
added a conservation area. Commissioner Keller said he would like to see those two homes
dropped from the plan because he fears there will be problems with flooding in the future.
Richard Wohlfarth, of 113I Group, developer for the project, said those lots will be filled, and it
will be 2 feet above the 100 year flood plain as required. Commissioner Keller said he can
foresee FEMA requiring higher risk insurance for some of these homes, and may have some
flooding problems. Mr. Wohlfarth said he is a developer and registered engineer with 30 years'
experience. He said he has done 100 FEMA floodmap revisions. He stated it is all based on
elevation and this property will be well above any floodplains when they are done filling it and
the houses will be very insurable. He does not see how FEMA would have any issues
whatsoever.
Commissioner Wilsen recapped that the community meeting brought out a lot of comments and
most of the concerns were about the fencing type, location of the fencing encroaching on their
recreation area, and the drainage issues. The developer has been working with those neighbors
with concerns and they feel that he is going to address their problems.
Valerie Daley, who lives in the last house nearest to the flood zone area, said there is a problem
with water getting back there and was worried that construction would make it worse. They
were also concerned about access because they have had problems with teenagers cutting
through. She said the developer has been working with them on both of those issues.
Commissioner Wilsen, seconded by Commissioner Keller, moved to adopt
Ordinance No. 2014 —006, approving the rezoning of Spring Lake Reserve to PUD.
Motion carried 4 -0 with Commissioner Johnson absent.
The ordinance, as adopted on second reading, carries the following title:
[0 IN 11 1►r.
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING
CLASSIFICATION FROM OCOEE R -3, MULTIPLE - FAMILY DWELLING
DISTRICT, TO OCOEE PUD, "PLANNED UNIT DEVELOPMENT," ON CERTAIN
REAL PROPERTY CONTAINING APPROXIMATELY 43.21 ACRES LOCATED ON
THE SOUTH SIDE OF A.D. MIMS ROAD, PURSUANT TO THE APPLICATION
SUBMITTED BY THE PROPERTY OWNER; FINDING SUCH ZONING TO BE
CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN; PROVIDING FOR
AND AUTHORIZING THE REVISION OF THE OFFICIAL CITY ZONING MAP;
REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE.
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b. Land Use Plan
Commissioner Wilsen, seconded by Commissioner Keller, moved to approve the
Land Use Plan for Spring Lake Reserve. Motion carried 4 -0 with Commissioner
Johnson absent.
c. Development Agreement (not a public hearing)
Commissioner Wilsen, seconded by Commissioner Keller, moved to approve the
Development Agreement for Spring Lake Reserve. Motion carried 4 -0 with
Commissioner Johnson absent.
Mayor Vandergrift asked if there would be a pool area. Principal Planner Fabre said that
will be brought back in the PSP /FSP.
BREAK 8:33 p.m.
RETURN FROM BREAK 8:46 p.m.
H. PUBLIC HEARINGS
10. Casa Mirella at Belmere PD 18 Joint Planning Area Agreement Amendment.
(Advertised in the Orlando Sentinel on Thursday, February 6, 2014). (City 'Planner Rumer)
The Joint Planning Area agreement (JPA) was established with Orange County on February 11, 1994. The
agreement provides for annexation boundaries, Land Use designations, and notification requirements. Orange
County currently has a JPA with the City of Ocoee and City of Winter Garden. The JPA amendment requested
by the applicant includes changes to the JPA Future Land Use designation of lands. The proposed JPA
amendment requested by the applicant consists of changing the JPA Future Land Use designation on 2.7 acres
from Low Density Residential (Four DU /Acre) to High Density Residential (8 -16 DU /Acre).
City Planner Rumer explained that the proposed JPA amendment requested by the applicant
consists of changing the JPA Future Land Use designation on 2.7 acres from Low Density
Residential (Four DU /Acre) to High Density Residential (8 -16 DU /Acre). Typically it would be
the City requesting an amendment but in this cause the applicant, with approval by Orange
County, reached out to the City.
Commissioner Keller inquired if the developer was looking to make this property slightly
denser than they already have it. City Planner Rumer advised that in the PUD the 2.7 acres was
slighted for an 85 unit ALF facility. This JPA map amendment would allow an associated small
scale land use amendment to high density so they could amend the PUD to allow more multi-
family units in the 2.7 acres. Further discussion ensued on what is now being proposed on the 2.7
acres.
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Mayor Vandergrift opened the public hearing. As no one wished to speak, the public hearing
was closed.
Mayor Vandergrift inquired what was recommended by staff. City Planner Rumer advised
that staff recommends approval of the Eighteenth (18th) Amendment to the City of Ocoee -
Orange County Joint Planning Area Agreement (JPA).
Commissioner Wilsen, seconded by Commissioner Grogan, moved to approve
the Eighteenth (18th) Amendment to the City of Ocoee - Orange County Joint
Planning Area Agreement (JPA) as presented by staff. Motion carried 4 -0 with
Commissioner Johnson absent.
1. REGULAR AGENDA
11. Code Enforcement Reduction of Fine/Lien for Mr. Joseph J. Marra re 338 N. Bluford
Avenue. (Assistant Support Services Director Gaines)
This property was cited on September 5, 2012, by Officer Carmen Delgado for a vacant lot with overgrown
weeds and grass, dead trees, tree limbs, trash and debris. On November 27, 2012, the Code Enforcement Board
imposed the accruing fine and lien for non - compliance of 115 -1. The property was found in compliance of 115-
3, trash and debris, and 1 15 -5, overgrown weeds and grass. The property owner, Mr. Joseph J. Marra, passed
away April 10, 2013. The daughter, Ms. JoAnne TenHoeve, became the Personal Representative of his estate
on August 20, 2013. Ms. TenHoeve, upon ownership, brought the property into compliance with the codes, as
cited. Contact and communication was maintained, and the physical property is being maintained.
Ms. JoAnne TenHoeve, the new property owner, appeared before the code enforcement board on January 28,
2014, and requested a reduction of the fine /lien amount of $70,250.00 to the city's cost of $467.50. The Code
Enforcement Board is recommending the fine /lien be reduced to $467.50. The discussion by the board to
reduce the amount was based on testimony and answers from Ms. JoAnne TenHoeve and city staff.
Assistant Support Services Director Gaines gave a brief history of the case and provided
exhibits. He advised that, Ms. JoAnne TenHoeve, the new property owner, appeared before the
code enforcement board on January 28, 2014, and requested a reduction of the fine /lien amount
of $70,250.00 to the city's cost of $467.50. The Code Enforcement Board is recommending the
fine /lien be reduced to $467.50. Mr. Gaines shared that Ms. TenHoeve flew in today from New
Jersey to represent her father's estate. He believes she was very serious about bringing this
property into compliance and keeping it that way.
Ms. TenHoeve said she would like to commend City staff (Officer Delgado) and shared that she
was in shock, when after her father's passing, she received a notice from Code Enforcement. Ms.
TenHoeve shared her swift actions of bringing the property into compliance and is requesting
the City to do whatever they can do to help her.
Commissioner Wilsen, seconded by Commissioner Keller, moved to reduce the
fine to $467.50 to be paid within 90 days or revert back to the original fine. Motion
carried 4 -0 with Commissioner Johnson absent.
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12. Code Enforcement Reduction of Fine/Lien for Mr. Charlie Vickers re: 1800 E S
Star Rd. (Assistant Support Services Director Gaines)
This property was cited on January 9, 2013, by Officer Edward Loeffler as a nuisance to the public health,
safety and welfare regarding a vacant wooded lot with illegal dumping, juvenile and criminal egress, two
instances of arson, occupancy by homeless persons and overgrown tall weeds and grass. On May 23, 2013, the
Code Enforcement Board imposed the accruing fine and lien for non - compliance. The property owner
originally cited continued to neglect the property and failed to respond to any city actions. Recently, the
property had successive ownership changes, with Charlie Vickers of Central Florida Land Brokers taking
ownership on December 31, 2013. During the quick ownership changes, the property was swiftly brought into
compliance with the codes, as cited. Contact and communication was maintained and the physical property was
monitored and maintained.
Charlie Vickers, the new property owner, appeared before the code enforcement board on January 28, 2014, and
requested a reduction of the fine /lien amount of $100,500.00 to the city's cost of $852.22 to enable beneficial
development of the property. The Code Enforcement Board is recommending the fine /lien be reduced to the
city's cost of $852.22. The discussion by the Board to reduce the amount was based on testimony and answers
from Mr. Charlie Vickers and city staff.
Assistant Support Services Director Gaines gave a brief history of the case and provided
exhibits. He advised that, Charlie Vickers, the new property owner, appeared before the code
enforcement board on January 28, 2014, and requested a reduction of the fine /lien amount of
$100,500.00 to the city's cost of $852.22 to enable beneficial development of the property. The
Code Enforcement Board is recommending the fine /lien be reduced to the city's cost of $852.22.
Charlie Vickers explained that the property was foreclosed and taken back from the previous
owner by the lender, BB &T, who was the seller in their transaction. BB &T had corrected the
violations and obtained a letter of compliance from the Code Enforcement officer, but failed to
take the steps necessary to satisfy the lien. As the current owners they are working on fencing the
property and really aggressively keep the property clear of unwanted occupants. It is their
intention to ultimately develop the property which will result in a tax base benefiting the
residents of Ocoee and the City itself. Brief discussion ensued regarding possible development of
the property in the future.
Commissioner Wilsen, seconded by Commissioner Keller, moved to reduce the
fine to $852.22 to be paid within 90 days or revert back to the original fine. Motion
carried 4 -0 with Commissioner Johnson absent.
13. All Sports Memory Care - Development Agreement. (Principal Planner Fabre)
On December 3, 2013, the All Sports Memory Care /Assisted Living Facility Final /Preliminary Site Plan was
officially approved by the City Commission. The Preliminary/Final Site Plan consisted of a three - story, 1 ] 2,269
square feet, 120 beds Memory Care /Assisted Living Facility.
Due to future growth in the area (Barkeritaville PUD, etc.), a master utility commitments report (the "Southwest
Utility Project ") was compiled in order to facilitate future utility commitments. This development agreement
captures the All Sports Memory Care owner /developers commitment to participate in the "Southwest Utility
Project ". Funding for the design and permitting work to be performed by Pegasus Engineering, LLC in the
amount of $88,500 is available in the Water and Sewer Construction Fund.
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February 18, 2014
Regular City Commission
City Planner Rumer explained that this development agreement captures the All Sports
Memory Care owner /developers commitment to participate in the "Southwest Utility Project ".
Funding for the design and permitting work to be performed by Pegasus Engineering, LLC in the
amount of $88,500 is available in the Water and Sewer Construction Fund.
Commissioner Keller, seconded by Commissioner Grogan, moved to approve the
Development Agreement for the All Sports Memory Care /Assisted Living Facility
as presented by staff. Motion carried 4 -0 with Commissioner Johnson absent.
14. Resolution of Support for House the Homeless, -Inc. in its "Preventing Homelessness of
Its Core" Campaign. (Mayor Vandergrift)
A letter and booklet were sent to the Mayor requesting the City of Ocoee's support for House the Homeless,
Inc. in its "Prevent Homelessness at its Core" campaign. Staff has revised the resolution into the City of
Ocoee's standard format, should the commission choose to adopt the resolution of support.
Mayor Vandergrift advised that this resolution is basically a campaign to try and help prevent
homelessness. It is not an issue within the City now but is growing.
City Attorney Cookson read the title of the resolution.
Commissioner Grogan, seconded by Commissioner Wilson, moved to have the
Mayor sign Resolution No. 2014 -002 of Support for House the Homeless, Inc. in
its "Preventing Homelessness at Its Core" Campaign. Motion carried 4 -0 with
Commissioner Johnson absent.
The resolution as adopted carries the following title:
RESOLUTION NO. 2014 -002
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, ENDORSING AND MAKING
KNOWN ITS SUPPORT FOR "PREVENTING HOMELESSNESS AT ITS CORE ";
PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
J. STAFF ACTION ITEMS
K. COMMENTS FROM CO MMISSIONERS
Commissioner Keller — None
Commissioner Wilsen — reminded everyone the Spring Fling is on March 8 "' and the Women's
Club 90` Birthday Celebration is March I s' .
Commissioner Grogan — 1) reminded everyone that this Friday is the Food Truck and Movie in
the Park event. 2) briefly shared some information regarding the U.S.A. Olympic Hockey team
that recently beat Russia.
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Regular City Commission
Mayor Vandergrift — announced that he would like to appeal to the Commission that they
consider 1) have a 6 months review of the City Manager and 2) a study of the City to make sure
it is running efficiently. Each commissioner discussed at length their disagreement with the
request of doing an evaluation of the City Manager since they felt that they could go to him with
any issues. Consensus by the Commissioners was that they are satisfied with the City Manager,
and it is his job to run the City, if there is anything they disagree with they can speak with him
verbally without having to put it in writing. The CRA was also addressed within the discussion,
in which, Assistant City Manager Shadrix approached the podium and briefly gave explanation
of the meetings that have occurred with the County.
ADJOURNMENT
Meeting adjourned at 9:33 p.m.
APPROVED:
Attest:
City of Ocoee
Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor
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