HomeMy WebLinkAbout06-02-15lu I1►1111_M -1
June 2, 2015, 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. and Commissioner Keller.
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C. COMMENTS FROM CITIZENS/PUBLIC
Mayor Vandergrift announced the Lady Gators Softball Team will be playing tonight on
ESPN2 at 8:00 p.m. and encouraged everyone to watch since they are competing for National
Softball Championship.
D. STAFF REPORTS AND AGENDA REVIEW
City Manager Frank announced the following:
1) Coffee with a Cop — Wednesday, June 17, 2015, from I0:00a.m. - 12:00p.m. The community
is invited to join members of the Ocoee Police Department at the House Blend Cafe. Coffee
with a Cop provides a unique opportunity for community members to ask questions and learn
more about the department's work in Ocoee's neighborhoods. If you have any questions,
please contact Sergeant Mireya Iannuzzi at (407) 554 -7197.
2) S.A.F.E. Class — June 25, 2015, 6:00p.m. - 9:00p.m. This is a free, one time, three hour
presentation on self - defense and safety awareness for women. The class is taught by Ocoee
Police Officers using the NSDI's S.A.F.E. curriculum. Topics covered include: self - defense,
crime prevention and domestic violence. You must be at least thirteen years of age to attend.
The class is held at the Ocoee Police Department. If interested, please contact Officer Patera
Scott-Marsh at 407 -554 -7204.
E. COMMISSIONERS ANNOUNCEMENTS
Commissioner Keller — announced the Parks and Recreation Department will be hosting its
monthly Food Truck Friday event on Friday, June 19th, from 6:00 to 9:00 pm. on Lakeshore
Drive, in Bill Breeze Park. Food trucks will be offering gourmet food and mouthwatering treats,
and the movie, Disney's "The SpongeBob Movie" will be shown during the event; the movie
will start at 8:30p.m., so come out and enjoy a dinner and a movie in the park.
Commissioner Johnson — announced June is Small Cities Month and with the help of the City
staff a video was made highlighting Ocoee and the Founders' Day Festival which was also sent
off to the National League of Cities to play at the NLC this month. The video was shown. 2)
announced that at 9:00 a.m. tomorrow, June 3 they will be having a dedication ceremony of
Aubrey Clark Drive in memory of 10 year old Aubrey Clark whose life was tragically taken.
Commissioner Johnson thanked the City for making the street signs.
Regular City Commission
June 2, 2015
Commissioner Wilsen —None
Commissioner Grogan — 1) The Ocoee Family Aquatic Facility is now open for the 2015
season. Information on the pool hours and admission costs can be found on the city's webpage
www.ocoee.org. 2) City residents interested in registering for the Parks and Recreation
Department's popular swimming lesson program may do so the Jim Beech Recreation Center,
located at 1820 A.D. Mims Road. 3) The Parks and Recreation Department is still accepting
registration for a limited number of ages, for its Summer Camp Program. The Summer Camp
will run from June 8th to August 21st. For more information on any of the programs mentioned
above please contact the Parks and Recreation Department at 407 - 905 -3180. 4) Shared a
slideshow of the Police Community Picnic at Central Park that was a complete success and had
one of the biggest audiences this year. He further thanked the Parks and Recreation Department
for maintaining a great park facility.
F. CONSENT AGENDA
Commissioner Keller, seconded by Commissioner Wilsen, moved to approve the
Consent Agenda Items #1 through #8. Motion carried 5 -0.
1. Approval of Minutes for the Regular Commission Meeting Held . ay , 2015. (CitJ
Clerk Eikenberry) y a N. u
Approved on Consent. Motion carried 5 -0.
2. Approval of Appointment. to the Advisory Council for Ocoee Fire Depart
(City Clerk Eikenber
Members of the Citizen Advisory Council for Ocoee Fire Department serve three -year terms. The Resolution
creating the Board allows no more than fifteen (15) members. The board currently has nine (9) members. One
application was recently submitted by Mr. Richard Firstner.
Approved on Consent. Motion carried 5 -0.
3. Approval of Appointment to Board of Adjustment. (City Clerk Eikenberry)
Ordinance No. 516 on September 15, 1970, created the Board of Adjustment to hear and decide appeals for
administrative review, to hear and recommend to the City Commission variances to zoning ordinances. This
Board consists of five (5) regular members and two (2) alternate members.
Currently, the board has five (5) regular members thus leaving two (2) alternate members' positions open. An
application was recently submitted by Jacob Dorn showing an interest on being appointed to the Board of
Adjustment.
Approved on Consent. Motion carried 5 -0.
4. Approval of Appointment to the Code Enforcement Board. (City Clerk Eikenberry) Y
The Code Enforcement Board was created by Ordinance No. 741 on June 16, 1981. The purpose of this board
is to review infractions of the City technical Codes, negotiate compliance and impose fines for failure to
comply. The Code Enforcement Board is to have seven (7) regular members and two (2) alternate members, all
with three year terms.
At their regular meeting on May 26, 2015, Robert Godek resigned from the Code Enforcement Board due to
newly adopted Resolution No. 2015 -006 establishing a policy on dual office holding. This resignation leaves a
regular member position, as well as an alternate member position, open on the board. Alternate Member Carol
Amey has indicated to the board chair she would like to remain an alternate member.
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Regular City Commission
June 2, 2015
An application has been received by Valerie Odom who has shown an interest in being appointed to the Code
Enforcement Board for a term ending June 2018. Ms. Odom is also being considered for appointment to the
Human Relations Diversity Board. At this time, there are no other applications on file for this board.
Approved on Consent. Motion carried 5 -0.
5. Approval of Appointment to the Human Relations Diversity Board. (City Clerk
Eikenberry)
Members of the Human Relations Diversity Board serve three -year terms. Currently the Human Relations
Diversity Board has eleven (11) members and their resolution allows no less than seven (7) members and no
more than thirteen (13) members.
An application has been received by Valerie Odom who has shown an interest in being appointed to the Human
Relations Diversity Board for a term ending May 2018. Ms. Odom is also being considered for appointment to
the Code Enforcement Board. At this time, there are no other applications on file for this board.
Approved on Consent. Motion carried 5 -0.
6. Approval of Spring Lake Reserve Subdivision Plat and Traffic Enforcement
Agreement. (City Engineer )yhe eler) A OL z,
This plat is for the Spring Lake Reserve subdivision. The Spring Lake Reserve subdivision is located on the
south side of A.D. Mims Road, west of Clarke Road, and across from the Jim Beech Recreation Center. The
subdivision contains 79 single family lots on 43.21 gross acres of land. The development includes
approximately 17.66 acres of developable land and 25.55 acres of wetlands and a portion of Spring Lake.
The developer has planned for upgraded street lights. The subdivision is a gated community and therefore, the
total cost of the street lights is borne by the developer and ultimately the Home Owner's Association.
The Spring Lake Reserve subdivision is a gated community. Therefore, the developer has executed the Traffic
Enforcement Agreement to allow for police jurisdiction within the subdivision.
Approved on Consent. Motion carried 5 -0.
7. Approval to Partner with Maguire Roberson, LLC to Construct the Roberson Road
Improvements the _Intersection of Maguire and Roberson Roads. (City En meer
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At the April 1, 2008, City Commission Meeting, the Annexation and Development Agreement (Agreement)
between the City and Maguire Shoppes II, LLC and Maguire Roberson LLC (Developer) was approved. These
developments are located at the southwest comer of Maguire Road and Roberson Road.
As part of that Agreempnt, the City and the Developer agreed to construct a widened section of Roberson Road
west of the intersection with Maguire Road. This project would add turn lanes at the intersection to improve
traffic, add a left turn lane into the Casa Mirella complex, taper back to the two lane section on to the west,
provide some additional stormwater collection, and extend the City's reuse system west along Roberson Road.
The City contracted with the Developer to design, permit and to ultimately construct this project.
The Developer is requesting project administration funds to manage the project. That additional funding would
cover bonding and insurance, upfront financing, and general administration of the project. The total project cost
is $626,876.72 and it is broken into the Developer's share of $128,866.67 and the portion that the City will need
to fund of $498,010.06. The Developer's share is a little less than 21% of the overall project. Additionally, the
Developer possibly has a buyer for the Casa Mirella Apartment complex and would not want the conditions of
the Agreement on the completion of the Roberson Road Improvements prior to the issuance of the final
Certificate of Occupancy to delay that transaction. The Developer has agreed to construct the Roberson Road
Improvements to completion and he wants to start that work upon the issuance of the purchase order from the
city.
Approved on Consent. Motion carried 5 -0.
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June 2, 2015
8. Approval to Surplus 50 Masks, 44 Voice Amps, and 28 Air Packs with Bottles and
Upgrade the Approved Air Packs with Pack Tracker. (Fire Chief Miller)
The approved City budget includes replacing the Fire Department Scott Air Packs that are 11 years old. The
City Commission approved the purchase from Fisher Safety on January 6, 2015, and approved the lease
purchase financing on May 19, 2015. The City received a revised proposal from Fisher in the same amount,
which incorporates the trade in of the air packs and bottles that were purchased from the same company 11
years ago. This trade in will upgrade the approved air packs with a Pack Tracker. The Fire Department is
requesting the Commission to approve declaring the surplus of 28 air packs with bottles, 44 voice amps, and 50
masks for trade in, and upgrade the approved air packs with Pack Tracker.
Approved on Consent. Motion carried 5 -0.
G. FIRST READING OF ORDINANCE
9. Sorenson — 1042 Ocoee - Apopka Road. (Second Reading and Public Hearing scheduled for June 16,
2015, Regular Commission tlleeting at 7L thereafter). (City Planner Rumer)
Approval of the Annexation of the +/- 2.23 acre parcel of land known as the "Sorenson Property" with an Initial
Zoning classification of "A -1 ". The Planning and Zoning Commission reviewed the proposed Sorenson
Property annexation and initial zoning on May 12, 2015. City Staff presented a brief summary and overview of
the requested actions. After finishing its deliberations, the Planning & Zoning Commission, acting as the Local
Planning Agency, voted unanimously to recommend approval of the Annexation of the +/- 2.23 acre parcel of
land known as the "Sorenson Property" with an Initial Zoning classification of "A -1 ".
a. First Reading of Annexation Ordinance
b. First Reading of Rezoning Ordinance
City Attorney Cookson read the title of the Ordinances. Mayor Vandergrift announced the
second readings and public hearings will be held on June 16, 2015, Regular Commission
Meeting at 7:15 p.m. or soon thereafter.
10. First Reading of Ordinance Modifying the City's General Municipal Election Dates to
Coincide with the Presidential Preference Primary Date on March 15, 2016. (Second
Reading and Public Hearing scheduled for June 16, 2015, Regular Commission Meeting at 7:15 p.m. or soon
thereafter). (City Clerk Eikenberry)
§ 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. Ocoee Charter
C45(b) states: Any person elected to the office of Mayor or the office of City Commissioner shall be sworn
into office at 7:00 p.m. on the day of the next regularly scheduled City Commission meeting held after the
results of the election are declared by the Canvassing Board. Adoption of the attached ordinance will result in a
significant savings to the City of approximately $60,000 - $75,000.
City Attorney Cookson read the title of the Ordinance. Mayor Vandergrift announced the
second reading and public hearing will be held on June 16, 2015, Regular Commission Meeting
at 7:15 p.m. or soon thereafter.
Commissioner Keller commented that the March 15, 2016, Election would fall on the same day
as a Regular Commission Meeting and inquired if they could reschedule that meeting. City
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Manager Frank advised that is something they can discuss prior to March. He further shared
that he did not believe the Charter would allow them to move the meeting but they may cancel it
or if there is anything that would need urgent action they can call a Special Session.
H. SECOND READING OF ORDINANCE- PUBLIC HEARING
11. Second Reading of Ordinance for Arden Park PUD- Community Development District
(Adve in the West Orange Times on Thurs M y 21, 2015). (City Attorney Cookson)
Community development districts are local units of special - purpose government created for the purpose of
delivering urban community development services within certain, established areas. Chapter 190, Florida
Statutes, sets forth the exclusive and uniform method for establishing a community development district in
Florida. Generally speaking, if a property contains less than 1000 acres and is located entirely within a
municipality, a Petitioner can file a petition for establishment of a community development district with the
City's governing body.
Standard Pacific of Florida, a Florida general partnership, as Petitioner, intends to establish within the City of
Ocoee ( "City") the Arden Park Community Development District ( "District "). Petitioner received consent from
the owner of one - hundred percent (100 %) of the property to be included in the District and, on April 3, 2015,
filed a petition with the City asking that the City Commission adopt an ordinance establishing the District.
The law requires the City to establish the District in a public hearing and the Petitioner must advertise the public
hearing four weeks in advance. City and Petitioner are complying with all public notice requirements.
City Attorney Cookson read the title of the annexation ordinance.
City Attorney Cookson explained that this is on behalf of the developer, to establish within the
City of Ocoee the Arden Park Community Development District. The law requires the City to
establish the District in a public hearing and the Petitioner must advertise the public hearing. The
City does not take any responsibility for debt or the running of the District but pursuant to the
Statute the District has to be established by the City.
City Planner Rumer advised the City does not have any presentations /comments to add. He
briefly shared the subdivision is in its second phase of construction of the five phases proposed
and the extension of Clarke Road to four lanes is also included in the Community Development
District "CDD ".
Jere Earlywine, Hopping Greens & Sams P.A., was available to answer any questions. Mayor
Vandergrift inquired how long this law has been in effect and if they could share where this has
been used. Mr. Earlywine said he believes this law has been in effect since the 1980's and there
are over 500 Community Development Districts in Florida.
Mayor Vandergrift opened the public hearing. As no one wished to speak, the public hearing
was closed.
Commissioner Keller, seconded by Commissioner Johnson, moved to approve
Ordinance No. 2015 -008 Arden Park PUD- Community Development District.
Motion carried 5 -0.
The ordinance as adopted carries the following title:
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Regular City Commission
June 2, 2015
ORDINANCE NO. 2015-008
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ESTABLISHING THE ARDEN
PARK COMMUNITY DEVELOPMENT DISTRICT PURSUANT TO CHAPTER 190,
FLORIDA STATUTES; PROVIDING FOR THE ESTABLISHMENT AND NAMING OF
THE DISTRICT; PROVIDING FOR THE LEGAL DESCRIPTION OF THE EXTERNAL
BOUNDARIES OF THE DISTRICT; PROVIDING FOR THE DESCRIPTION OF THE
FUNCTIONS AND POWERS OF THE DISTRICT; PROVIDING FOR THE
DESIGNATION OF THE INITIAL MEMBERS OF THE DISTRICT'S BOARD OF
SUPERVISORS; PROVIDING FOR NOTICE REQUIREMENTS AND FOR
COMPLIANCE WITH ALL REMAINING SECTIONS OF CHAPTER 190, FLORIDA
STATUTES, AND ALL OTHER APPLICABLE LAWS AND ORDINANCES;
PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
I. PUBLIC HEARING
12. Arbours at Crown Point PUD — Preliminary /Final Site Plan. (Advertised in the West Orang
Times on Thursday, A 7, 2 15 . ( City Planner Rumer)
The Arbours at Crown Point Preliminary /Final Site Plan is a multi- family development that proposes a total of
240 one, two, and three bedroom apartments. A community building, as well as a pool, BBQ area, vehicle wash
area and exercise trail are being provided. The project is dedicating 25 feet on the north end to connect the West
Orange Trail to Ocoee - Apopka Road. The development will provide direct connection to the trail as an
additional amenity.
City Planner Rumer gave a brief presentation on the proposed Preliminary /Final Site Plan. The
following information was covered in his presentation:
• Subject property location: north side or West Road, WNW of SR 429
• Overall parcel is 28.1 acres in size, of which 17.64 is for the 240 multi - family units, 10 buildings.
• Main access will be at the gated access on the extension of Fountains West Blvd.
• The property is adjacent to the West Orange Trail on the eastern property line.
• Pedestrian access to the West Orange Trail is being provided on the north end of the property; there will be a
dedication of 25 feet of trail that will connect to the West Orange Trail to Ocoee Apopka, which includes the
existing 25 feet of dedicated trail from the Fountains West property. The trail will then extend from Ocoee
Apopka along the wetlands to the rear that directly connects to the West Orange Trail.
• Amenities (covered garage parking, clubhouse, pool BBQ, etc.)
• Gated community
• Decorative fence with columns; 35% open space which is more than the standard 25 0 /0).
• Planning and Zoning Board met on May 12, 2015 and voted unanimously to approve it.
Mayor Vandergrift opened the public hearing.
Mark Scalzo, District 1 Resident, inquired what the price range would on the scale of affordable
houses verses luxury apartments. Allison Turnbull, of Holland and Knight, representative for
the developer, advised the apartments would range from $1,000 41,400. Mr. Scalzo further
inquired if they were subsidy HUD apartments. Gabe Ehrenstein, Arbour Valley Development,
it is not HUD complex; it is a market -rate driven complex. Mr. Scalzo noted that he was
concerned that apartments at the low end could produce a bad situation such as Metro West is
facing now. He asked if staff had researched this management company to see if other properties
they are managing are in good standing. Commissioner Johnson said he had seen some of
theirs in the Gainesville area and they were very nice. He added that he didn't feel that price
point was low, that it is similar to what is in the area. Commissioner Grogan said more
residents in that area will entice commercial growth such as restaurants and shopping.
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Regular City Commission
June 2, 2015
Mayor Vandergrift closed the public hearing.
Commissioner Grogan, seconded by Commissioner Wilsen, moved to approve
the recommendation of staff and the Planning and Zoning Board. Motion carried
5 -0.
J. REGULAR AGENDA
13. Founder's pay Program Summary._(Finance Director Horton)
Annually for the past twenty plus years, the City has held the two -day signature event honoring the founding of
the City. Over that period, the event was offered free to the public, with outside sponsorships, contributions,
and other program fees being collected to offset the costs of the annual event. These outside contributions help
to recover the majority of event costs. However, the program is presently in a negative cash position of
approximately $83,560. This amount applies to the last two years. The majority of the overage is attributed to
City labor costs charged back to the Founder's Day program.
Finance Director Horton advised that annually the City holds a the two -day signature event
honoring the founding of the City. Over that period, the event was offered free to the public,
with outside sponsorships, contributions, program fees, and a monetary contribution from the
city are used to fund the event. The event planning and actual occurrence cross the fiscal year
timelines.
The program is presently in a negative cash position as costs for the event in the past two years
have exceeded the funding by $83,540. The majority of the overage is attributed to City labor
costs charged back to the Founder's Day program. Adequately funding the event remains a
challenge due to sponsorship checks being received after the event has ended. The commission
increased funding for the 2015 event; however we need to clear up the existing deficit.
Staff recommends $44,153 be transferred from the departments and the remaining $39,407 be
funded from general fund contingency.
Commissioner Johnson inquired why this is not being closed out annually. Finance Director
Horton said because it crosses fiscal years and we are still receiving checks from sponsors for
last year's events. What happened is that last year no report was presented to the commission to
close it out and that is why the deficit remained. Commissioner Johnson said it is tough to get
sponsors; he said they came up with about $100,000 last year but appealed to the commissioners
if they knew of anyone else who can sponsor the event it would help. Commissioner Grogan
inquired if they are at a point where they need to think about either reducing the cost of the event
or asking commission for more money. Ms. Horton noted that they increased the city's
contribution to the event in this fiscal year from $75,000 to $95,000, so that will help with the
coming year. Commissioner Johnson said staff has been working on reducing the amount of
staff overtime hours also.
Commissioner Johnson, seconded by Commissioner Grogan, moved to approve
funding of the Founder's Day deficit per staff's recommendation 1) $44,153 be
transferred from department's overtime or salaries and 2) the remaining shortfall
($39,407) be funded from general fund contingency. Motion carried 5 -0.
K. STAFF ACTION ITEMS - None
_
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Regular City Commission
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L. COMMENTS FROM COMMISSIONERS
Commissioner Grogan — None
Commissioner Wilsen — None
Commissioner Keller — advised that he was browsing the website and found a few typos:
1) The Founder's Day website showing the event date has 2014 instead of 2015 on one of
the dates.
2) On the development site, the 2013 demographics is a 12 -page report that is posted
sideways; it needs to be turned so people can read it.
Commissioner Johnson - None
Mayor Vandergrift — None
ADJOURNMENT
Meeting adjourned at 8:00 p.m.
APPROVED:
Attest:
t '
A L�i
Htt ikenh
City of Ocoee
t
S. Scott Vandergrift, Mayor
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