06-04-2019 MinutesMINUTES
REGULAR CITY COMMISSION MEETING
JUNE 4, 2019
CALL TO ORDER - 6:14 P11
Mayor Johnson called the regular session to order at 6:14 PM in the Commission Chambers of
City Hall. The invocation was led by Reverend Dorsey followed by the Pledge of Allegiance
to the Flag led by Commissioner Wilsen. City Clerk Sibbitt called the roll and declared a
quorum present.
Present: Commissioner Wilsen, Mayor Johnson, and Commissioner Oliver
Absent: Commissioner Brinson and Commissioner Firstner
Also Present: City Manager Frank, City Attorney Cookson, City Clerk Sibbitt
PRESENTATIONS AND PROCLAMATIONS - 6:16 PM
Proclamation - Small Cities Month for June 2019, read and proclaimed by Mayor Johnson.
REPORTSI STAFF r AGENDA REVIEW
COMMISSIONERS ANNOUNCEMENTS - 6:1 H PM
Commissioner Oliver — Announced that he would like a consensus from the Board to direct
staff in moving forward to prepare guidelines allowing elected officials to cast absentee votes
via phone or electronic media when they are unable to attend City Commission meeting due to
extraordinary circumstances. City Attorney Cookson explained that he has researched this
matter and Florida does allow attendance by electronic means; being phone or video, under two
conditions: a quorum must be physically present, and only if it is determined that the absence is
an extraordinary circumstance. He further explained that there is an Attorney General Opinion
which outlined extraordinary circumstance as one who has a severe illness or disability. Mayor
Johnson shared that in 2004 he had open heart surgery and was able to only miss one meeting.
He felt that it would require extreme circumstance to use this policy. He then suggested waiting
until the absent members returned for further discussion.
Commissioner Wilsen — Shared there are multiple Advisory Boards within the City that have
openings. She encouraged interested residents to reach out to the City Clerk's Department to
find out more information and apply.
Mayor Johnson — None
Regular City Commission Meeting
June 4, 2019
CONSENT AGENDA - 6:25 PNI
Consent Agenda Motion
Motion: Move to adopt the Consent Agenda Items #1 - #8; with Items #4 and #6
being pulled for discussion and separate consideration.
Moved by Commissioner Oliver, seconded by Commissioner Wilsen; Motion
carried 3-0 with Commissioner Brinson and Commissioner Firstner absent.
1. Approval of the Minutes for the Regular Commission Meeting held May 7, 2019.
(City Clerk Sibbitt)
Approved on Consent. Motion carried 3-0 with Commissioner Brinson and
Commissioner Firstner absent.
2. Approval to Waive the Resident Membership Requirement for New Appointment to
the Human Relations Diversity Board. (City Clerk Sibbitt)
The Human Relations Diversity Board was created by Resolution in 2003. The purpose of this board is to
promote understanding, respect, goodwill, and equality among all citizens and businesses of the City of
Ocoee. Members of the Human Relations Diversity Board serve three-year terms. Currently the Human
Relations Diversity Board has nine (9) members, and their resolution allows no less than seven (7) members
and no more than thirteen (13) members. One application has been received by Larry Dorsey, a City of
Orlando resident, who has shown an interest in being appointed to the Human Relations Diversity Board for
a term ending May 2022. Currently there is one (1) non-resident member, and the HRDB's resolution allows
no more than three (3) non-residents. Mr. Dorsey has provided a personal statement for consideration in
granting the non-resident waiver. Article III (B) entitled "Membership" of the HRDB Bylaws states the
following:
"All persons who reside in Ocoee, who own real property in Ocoee, or who are owners of businesses located
in Ocoee shall be eligible for membership. The City Commission reserves the right to waive the foregoing
membership qualifications when the City Commission deems it appropriate. In deciding whether to waive
the basic membership requirements, the City Commission shall consider whether the applicant can provide:
1. Representation of an ethic or cultural group not present on the Board;
2. Skills or perspectives not presently available from Board members; and/or
3. Strong links to groups with a similar mission or tangible support of Board activities,
The maximum number of non-residents on the Board at any time may not exceed three (3) persons, and no
non-resident may be appointed to fill the final vacant seat. Any applicant for appointment to the Board who
does not meet the general basis for membership must include a personal statement explaining the reason for
seeking appointment. The statement must contain supporting evidence relevant to one or more of the three
criteria for consideration in granting a waiver."
Approved on Consent. Motion carried 3-0 with Commissioner Brinson and
Commissioner Firstner absent.
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3. Approval of Reappointment to the Code Enforcement Board. (City Clerk Sibbitt)
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. There are no applications currently on file. The three-year term of
Member Brad Lomneck expires June 2019. Member Lomneck has expressed an interest in being considered
for reappointment. In 2018 Member Lomneck attended nine (9) out of ten (10) meetings.
Approved on Consent. Motion carried 3-0 with Commissioner Brinson and
Commissioner Firstner absent.
4. Approval of Summer Internship Program. (City Manager Frank)
During the budget workshops and hearings for FY 18/19, funding was allocated for a summer internship
program to be coordinated with Career Source Central Florida. Staff will identify approximately six
positions throughout the city for assignment of a summer intern for seven weeks. Generally, these interns
must meet eligibility requirements for household income; however, the City's participation allows for the
appointment of three (3) interns outside of the income qualification guidelines. The City expects to supervise
six (6) to eight (8) interns.
Commissioner Wilsen inquired if the internship positions would be filled by Ocoee residents.
City Manager Frank answered in the affirmative. He further shared that as they proceed with
Career Source, he will be sure to inform them of the residency request. Additionally, the City's
participation allows for the appointment of three (3) interns outside of the income qualification
guidelines.
Motion; Move to approve Item #4 — Approval of Summer Internship Program;
Moved by Commissioner Wilsen, seconded by Commissioner Oliver; Motion
carried 3-0 with Commissioner Brinson and Commissioner Firstner absent.
5. Approval of a Two -Year Warranty Surety and Maintenance, Materials, and
Workmanship Agreement with K. Hovnanian Ocoee Landings LLC and Developers
and Homeowners Association Agreement for Upgraded Street Lights for the Ocoee
Landings Subdivision. (Development Engineer Womack)
Ocoee Landings is made up of 50 detached single-family homes. The parcel is located on Silver Star Road
just east of the Silver Crossing Publix Shopping Plaza between Lake Johio Drive and Johio Shores Road.
The developer has completed construction of the infrastructure improvements for the subdivision and has
requested a Certificate of Completion. The infrastructure improvements include the potable water, sanitary
sewer, reclaimed water, utilities, the street, stormwater collection system, perimeter wall/fencing, and
associated landscaping. All identified punch list repairs have been completed, and the developer is ready to
start the two-year warranty period for the public improvements. As a requirement of the Land Development
Code, the developer is required to furnish the City a Surety to cover any possible damages discovered during
the next two years. Should the developer not choose to make those repairs, K. Hovnanian Ocoee Landings
LLC has provided the City with a Letter of Credit in the amount of 10% of the constructed improvements.
The attached Maintenance, Materials, and Workmanship Agreement acts as the executable document
between the developer and the City. The Surety will be returned to the developer upon completion of the
two-year warranty period and the repair of any damages caused over those two years.
Approved on Consent. Motion carried 3-0 with Commissioner Brinson and
Commissioner Firstner absent.
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June 4, 2019
6. Approval to Enter into an Agreement with PredPol LLC to Provide Predictive
Crime Analytics to the Police Department. (Police Chief Brown)
t ne city of Ucoee Police Department desires to enter into an agreement with PredPol to provide predictive
crime analytics to the Police Department. PredPol service provides patrol officers with a predictive analysis
of when and where crimes are likely to occur using historical statistics and staff directed missions. The
predictions are shown on maps as boxes that officers are instructed to patrol when not responding to calls for
service or performing other duties to decrease the impact of crime on that particular community. The
Department has approved budget funding for equipment maintenance contracts, in which savings has been
realized, that will fund this project without any additional impact to the current budget.
Commissioner Oliver shared that he did some research on the predictive crime analysis and
supports the program. He further asked if the program could be explained to the residents who
may be watching tonight's meeting. Deputy Police Chief McCosker provided a brief overview
of the PredPol services product which allows the Police Department to use their resources more
efficiently and focus their efforts in high crime areas.
Motion: Move to approve Item #6 — Approval to Enter into an Agreement with
PredPol LLC to Provide Predictive Crime Analytics to the Police Department;
Moved by Commissioner Oliver, seconded by Commissioner Wilsen; Motion
carried 3-0 with Commissioner Brinson and Commissioner Firstner absent.
7. Approval to Award ITB #19-006 Downtown Lift Station #66 Construction Project.
(Purchasing Agent Tolbert)
In conformance with the policies and procedures of the City of Ocoee (City), bids were solicited from
qualified contractors to construct the Downtown Lift Station #66 Construction Project. All work for the
project shall be constructed in accordance with the drawings and specifications prepared by the City of
Ocoee Utilities Department. Bids include all items necessary for the furnishing, delivering, and installing of
all materials, equipment, incidentals, and services, including all labor for the work, which is generally
described as the following: Lift Station #66 is replacing Lift Station #26 which only served City Hall. The
new Downtown Lift Station #66 will serve City Hall, the planned downtown redevelopment and nearby
future septic tank conversions. The construction of an 8'(foot) diameter, 5 HP Lift Station. The project shall
include and is not limited to: The installation of the associated control panel, valve vault with check and plug
valves, concrete decking, railing and earthwork. One receiving manhole shall be 6' (foot) in diameter. The
installation of 48' (feet) of 8" (inch) diameter PVC Gravity Sewer Main; installation of 6' (feet) of 8" (inch)
diameter HDPE Gravity Sewer Main; installation of 46' (feet) of 6" (inches) diameter PVC Force Main. The
construction of a one-story, approximate 280 square foot masonry concrete control building. This project
also includes all restoration of any and all work associated with the disruption of the ground. All work is to
be conducted in accordance with the specifications within the Bidding Documents. The bid was publicly
advertised on March 17, 2019, and opened on April 16, 2019. A pre -bid conference was held on March 26,
2019. The City received six (6) bids, ranging from $472,297.00 to $619,070.00. The bids are available in
the Finance Department for review. The Utilities and Finance Departments reviewed the bids and all were
considered responsive. Staff is recommending the award of the bid to L7 Construction, Inc., as the most
responsive and responsible bidder.
Approved on Consent. Motion carried 3-0 with Commissioner Brinson and
Commissioner Firstner absent.
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8. Approval of Change Order No. 3 for #1118-05 Wastewater Treatment #2 Operations
Building Expansion Project. (Utilities Director Smith)
the Wastewater Treatment #2 Operations Building Expansion is nearing its completion. Some unforeseen
conditions of the Operations Building were encountered which are unused drains found under existing tiles
and an existing supply duct revealed to terminate before the connection point of the new supply duct as
depicted in the plans. During construction, field changes were made to make an opening in an existing wall
to increase the space and efficiency of the operator's office area. Replacement of the existing door and door
frame to the operator's lab will be needed to offset repairs and to match the design of the building addition.
To help ensure the building does not experience problems during adverse weather and change
unforeseen/existing conditions, the contractor (Brodway Contracting) and City staff propose the following
changes/additions: Extension of concrete slab at the porch at the front of the building to the stairs at the side
of the building, addition of a drainage system from new concrete slab to curb, leveling of floors for new
tiling after existing drains are cut and capped, additional length of supply duct installed to connect existing
duct to new duct, installation of new door and door frame to replace existing, supports and framing to
reinforce opening of the existing wall. Staff is recommending the approval of Change Order No. 3 to move
forward the additional work needed to change unforeseen/existing conditions and help prevent possible
erosion.
Approved on Consent. Motion carried 3-0 with Commissioner Brinson and
Commissioner Firstner absent.
PUBLIC HEARING - 6:3=5 1'M
9. Greens at Forest Lake Planned Unit Development (PUD) Phase 1 & 2 Large Scale
Preliminary and Final Subdivision Plan (PSP/FSP); Project No: LS-2019-002.
(Advertised in the West Orange Times on Thursday, May 23, 2019) (City Planner Rumer)
Greens at Forest Lake PUD is located on the north side of West Rd., west side of S.R. 429 and east of the
West Orange Trail. The subject property is approximately 29.17 acres in. The property is
vacant/undeveloped. The subject property is adjacent to SR 429 (Western Expressway) to the east and West
Road to the south. The Future Land Use designation is "Medium Density Residential" which allows up to
eight (8) dwelling units per acre. The surrounding future land use is "Light Industrial" except for the area of
the golf course. On December 4, 2018, the City Commission reviewed and approved a Large Scale
Comprehensive Plan Map amendment and rezoning. The applicant, Meritage Homes, proposes to develop
the 29.17 acres as a 200-lot townhome development with a density of 6.89 dwelling units an acre. Access to
the site will be via an extension of Fountains West Blvd with an additional future access on the south side of
the property. The lot sizes will be 24 feet wide x 107 feet deep consisting of a three (3) bedroom/ two (2)
bath townhome with a two -car garage. The minimum living area will be 1,500 square feet. A master
stormwater system is proposed and contains over 6 acres of open space. The parcel is adjacent to the West
Orange Trail which can be utilized for recreation. This development will provide residents a 0.80 acre
recreation tract consisting of a pool, cabana, and playground equipment. Guests and residents will be able to
utilize an additional 73 "guest" parking spaces. A 30-foot tract on the south side will be dedicated and
deeded to the City in order to provide future access. Once the adjacent parcel develops, the remaining right-
of-way will be dedicated for an additional access. At time of development, a 20-foot stabilized access for
emergency vehicles will be in place until a road is constructed. Fountains West Blvd will be extended and
will provide access for another parcel that is undeveloped and not within the City jurisdiction. The
Preliminary/Final Subdivision Plan is consistent with the Greens at Forest Lake PUD/Land Use Plan, and
potable water and sewer services will be provided by Orange County. The City of Ocoee will provide solid
waste services, reuse water, police and fire protection.
a) Large Scale Preliminary/Final Subdivision Plan
b) Development Agreement (This is not a public hearing)
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City Planner Rumer presented a brief PowerPoint on this proposed property, which is
approximately 29.17 acres of vacant/undeveloped land located on the north side of West Road,
west side of State Road 429, and east of the West Orange Trail. The Large Scale
Comprehensive Plan Amendment for this site was reviewed and approved by the City
Commission on December 4, 2018. This proposed project is to develop the 29.17 acres in two
phases as a 198-unit townhome development by Meritage Homes. The amenities will be located
in the front of the development and to be built out in Phase 2. The West Orange Trail runs along
the western side of this development. Phase I will encompass development of the townhomes
on the western side, and Phase 2 will be building the townhomes along SR 429 on the eastern
side. The Preliminary/Final Subdivision Plan is consistent with the Greens at Forest Lake
PUD/Land Use Plan. Potable water and sewer services will be provided by Orange County. The
City of Ocoee will provide solid waste services, reclaimed water, police and fire protection.
The public hearing was opened As no one wished to speak, the public hearing was closed
Commissioner Oliver inquired about the infrastructure in Phase 1. City Planner Rumer
explained Phase I will encompass development of the townhomes on the western side.
Commissioner Oliver further inquired if the infrastructure would go out beyond the
development as far as roadway and access points. It was explained the 30-foot tract on the south
side will be dedicated and deeded to the City in order to provide future access. Once the
adjacent parcels develop, the remaining right-of-way will be dedicated for an additional access.
At time of development, a 20-foot stabilized access for emergency vehicles will be in place until
a road is constructed.
a) Large Scale Preliminary/Final Site Plan (PSP/FSP)
Motion: Move to approve the Greens at Forest Lake Planned Unit Development
(PUD) Phase 1 & 2 Large Scale Preliminary and Final Subdivision Plan
(PSP/FSP): Proiect No: LS-2019-002; Moved by Commissioner Wilsen, seconded
by Commissioner Oliver; Motion carried 3-0 with Commissioner Brinson and
Commissioner Firstner absent.
b) Development Agreement (Not a Public Hearing)
Development Agreement for the Greens at Forest Lake Planned Unit Development was
approved at the December 4, 2018 Regular City Commission Meeting.
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10. Request for Variance for Ali Property - 919 Marlene Drive; Case No: VR-19-01.
(Advertised in the West Orange Times on Thursday, May 23, 2019) (City Planner Rumer)
The applicant, Mohamad Ali, is requesting approval for a side yard setback variance from 7.5 feet to 5 feet
for a proposed attached one (1) car garage. According to the survey, the addition will be five feet away from
the property to the east and will be right up to the five (5) foot drainage and utility easement located on the
side of the property. The subject property is Lot 31 of the Ocoee Heights Subdivision, Plat 10. According to
Subsection 4-9 A., of The Ocoee Land Development Code (LDC), the variance application/applicant must
demonstrate special conditions and circumstances, which are listed in the staff report. This proposed
variance request by Mohamad Ali was reviewed at a public hearing by the Planning & Zoning Commission
on May 14, 2019. The Planning & Zoning Commission voted 3-1 to recommend approval of the variance
request.
City Planner Ramer presented a brief overview explaining this variance request in which the
applicant is seeking approval for a side -yard setback variance from 7.5 feet to 5 feet to be able
to construct a 9-foot by 10-foot one (1) car attached garage on the east side of the home.
According to the survey, the addition will be five (5) feet away from the property to the east and
will be right up to the five (5) foot drainage and utility easement located on the side of the
property.
The public hearing was opened.
Mohamad Ali, Applicant/Owner, 1408 Vickers Lake Drive, Ocoee, indicated he has lived on
Vickers Lake Drive for the past 17 years, and he really enjoys living in Ocoee. He explained if
this variance request is approved, it would allow his house to be similar to surrounding homes
with garages.
The public hearing was closed.
Commissioner Wilsen inquired if any of the surrounding neighbors objected to this variance.
Mr. Ali answered that his neighbors do not object; and further, provided a petition of signatures
of support for his variance request.
Motion: Move to approve the variance for Ali Property - 919 Marlene Drive; Case
No: VR-19-01; Moved by Commissioner Wilsen, seconded by Commissioner
Oliver: Motion carried 3-0 with Commissioner Brinson and Commissioner
Firstner absent.
FIRST READING OF ORDINANCES - 6:48 I'N]
11. First Reading of Ordinance for RusTeak - 11077 Roberson Road Annexation, Small
Scale Comprehensive Plan Amendment and Rezoning to Commercial; Project No(s):
AX-04-19-81, CPA-2019-0039 RZ-19-04-04. (Second Reading and Public Hearing scheduled for
,tune 18, 2019, Regular Commission Meeting at 6:15 pm or soon thereafter.) (City Planner Ramer)
The subject property is +/- 2.88 acres and located at 11077 Roberson Road, approximately 280 feet west of
the intersection of Maguire Road and Roberson Road. The parcel contains one (1) single-family residence.
The subject property is considered contiguous to the City of Ocoee since it's bordered by property located
within the City limits on the south and eastern boundary. The applicant has requested a City of Ocoee zoning
designation of C-3 (General Commercial) upon annexation. According to the Land Development Code, the
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June 4, 2019
C-3 zoning designation is intended for areas shown on the Future Land Use Map as "Commercial". The C-3
zoning designation is consistent with the proposed fixture land use designation of "Commercial." Because
the property is part of an enclave in the City, it already benefits from Ocoee Fire Rescue services via a joint
"First Responder" Agreement with Orange County. The proposed annexation is a logical extension of the
City limits, urban services can be provided, and the annexation meets state and local regulations. The land
use and initial zoning are also consistent and compatible with surrounding properties.
a) First Reading of Annexation Ordinance
b) First Reading of Small Scale Comprehensive Plan Amendment
c) First Reading of Rezoning Ordinance
City Attorney Cookson read the titles 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 June 18, 2019 at 6:15 PM or soon thereafter.
12. First Reading of Ordinance for Homes in Partnership — 34013th Avenue Annexation
and Rezoning; Project No(s): AX-08-17-68 & RZ-17-08-08. (Second Reading and Public
Hearing scheduled for June 18, 2019, Regular Commission Meeting at 6.15 pm or soon thereafter.) (City
Planner Rumer)
The subject property is located on the south side of 13th Avenue, 130 feet west of Peters Avenue. The +/-
0.17 acre parcel contains one existing Single -Family Residence. The Applicant is annexing into the City
limits as a condition to receive city potable water connection. With respect to State annexation criteria,
Chapter 171.044 of the Florida Statutes grants municipalities the authority to annex contiguous, compact,
non -circuitous territory so long as it does not create an enclave. The subject property is considered
contiguous to the City of Ocoee since it is bordered by property located within the City limits on the east.
The parcel will receive an "R-l" (Low -Density Residential) zoning upon annexation. The DRC and the
Planning and Zoning Commission both voted unanimously to recommend approval of this annexation and
rezoning.
a) First Reading of Annexation Ordinance
b) First Reading of Rezoning Ordinance
City Attorney Cookson read the titles 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 June 18, 2019 at 6:15 PM or soon thereafter.
13. First Reading of Ordinance for Homes in Partnership — 33013th Avenue Annexation
and Rezoning; Project No(s): AX-08-17-67 & RZ-17-08-07. (Second Reading and Public
Hearing scheduled for June 18, 2019, Regular Commission Meeting at 6.15 pm or soon thereafter.) (City
Planner Rumer)
The subject property is located on the south side of 13th Avenue; 150 feet west of Peters Avenue. The parcel
contains one existing Single -Family Residence. The Applicant is annexing into the City limits as a condition
to receive city potable water connection. With respect to State annexation criteria, Chapter 171.044 of the
Florida Statutes grants municipalities the authority to annex contiguous, compact, non -circuitous territory so
long as it does not create an enclave. The subject property will be considered contiguous to the City of
Ocoee once the adjacent property on the east, located at 340 13" Ave., is annexed into the City limits. The
parcel will receive an R-1 (Low -Density Residential) zoning upon annexation. The DRC and the Planning
and Zoning Commission both voted unanimously to recommend approval of this annexation and rezoning.
a) First Reading of Annexation Ordinance
b) First Reading of Rezoning Ordinance
Regular City Commission Meeting
June 4, 2019
City Attorney Cookson read the titles 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 June 18, 2019 at 6:15 PM or soon thereafter.
I SECOND READING OF ORDINANCES — PUBLIC HEARING - 6:53 I'M
14. Second Reading of Ordinance Amending Chapter 180, Article V of the Land
Development Code (LDC) to Add Section 5-20 Establishing a Local Exemption to
Allow Dogs in Designated Areas of Public Food Service Establishments and Adoption
of a Resolution Amending Exhibit A Fine and Fee Schedule; Project No: LS-2018-
005. (Advertised in the West Orange Times on Thursday, May 9, 2019.Continuedftom the May 7, 2019
City Commission Meeting due to the cancelation of the May 21, 2019 City Commission Meeting.) (Deputy
Development Services Director/CRA Administrator Corless)
Within the last year the West Orange Chamber of Commerce began advocating for local jurisdictions to
allow dogs to accompany their owners in outdoor cafes and restaurants. The President and CEO of the West
Orange Chambers, Stina D'Uva, was quoted in the West Orange Observer, dated April 11, 2018, as saying,
"Dogs are becoming more compatible everywhere you go." When this article went to print, the City of
Winter Garden and the City of Orlando were the closest jurisdictions to have a "Dog Friendly Dining"
ordinance. Since that time, Orange County and the Town of Oakland have both adopted an ordinance stating
the conditions in which dogs may accompany their owners at restaurants. The proposed amendment to the
City's Land Development Code adds Section 5-20 entitled, Dog Friendly Restaurants, providing the terms,
conditions, requirements, and enforcement for a public food service establishment to acquire and maintain a
permit to allow dogs in designated outdoor areas within the City of Ocoee. These public establishments will
need to comply with the new ordinance. If the proposed amendment is adopted by the City Commission, the
City Commission will consider adopting a resolution amending Exhibit A Fine and Fee Schedule to include
the fines and/or penalties for Dog Friendly Restaurants. If the ordinance and resolution pass, City staff will
send notifications to public food service establishments informing them about the Dog Friendly Restaurants
program and the regulations a public food service establishment must follow if they elect to allow dogs to
accompany their owners at their establishment; a permit will be required.
Deputy Development Services Director/CRA Administrator Corless presented a brief
overview of this proposed amendment. She stated Florida is the first State in the Union to enact
a law allowing dogs in outdoor dining areas. Following suit, municipalities from across the state
are now adopting local ordinances. Section 509.233, Florida Statutes, allows the governing
body of a local government to establish by ordinance a local exemption procedure to certain
provisions of the Food and Drug Administration Code, as currently adopted by the Division of
Hotels and Restaurants, to allow dogs within designated outdoor portions of food service
establishments. The local West Orange Chambers Advocacy Initiative is attempting to increase
the dog friendly restaurants within the West Orange County area. Currently, there are over 300
dog friendly restaurants within Orange County, which is one of the top spots in the nation to be
dog friendly.
She stated this amendment to the City of Ocoee's Land Development Code would add Section
5-20 entitled, "Dog Friendly Restaurants" in order to provide the terms, conditions, and
requirements for a food service establishment to acquire and maintain a permit to allow dogs in
designated outdoor areas within the City of Ocoee. There currently are seven (7) food service
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establishments in Ocoee that allow dogs in their outside dining area. These establishments will
need to comply with the new ordinance. If the proposed amendment is adopted, the City
Commission will then consider adopting a resolution to amend Exhibit A - Fine and Fee
Schedule to include the fines and/or penalties for Dog Friendly Restaurants. If the ordinance
and resolution are adopted, staff will send notifications to existing public food service
establishments, informing them about the Dog Friendly Restaurants program and the regulations
a public food service establishment must follow if they elect to allow dogs to accompany their
owners at their establishment.
Commissioner Oliver inquired if there is going to be any safe serve programs or training for
managers and staff at restaurants that will allow the dog dining. Deputy Development Services
Director/CRA Administrator Corless shared that in their research staff did not come across a
program that has been established by the State from the standpoint of mandating dog dining
training as one of their components. She further advised when staff begins the outreach program
for the dog dining they will be sure to reiterate the training guidelines that are included in the
ordinance. Commissioner Oliver asked that staff consider looking into a safe serve program
outside of the State, possibly federal guidelines, that may identify training for managers and
servers that deal with customers at dog friendly restaurants. Deputy Development Services
Director/CRA Administrator Corless advised that she will take that into consideration.
Commissioner Wilsen commented that she read within the guidelines several regulations that
already deal with the requirements of servers who interact with customers in a dog friendly
restaurant. Deputy Development Services Director/CRA Administrator Corless advised she
will be sure the public information notice that is sent out to restaurants is in a format that clearly
addresses the guidelines required by restaurant staff.
City Attorney Cookson read the title of the ordinance and resolution.
The public hearing was opened. As no one wished to speak, the public hearing was closed.
a) Second Reading of Ordinance
Motion: Move to adopt Ordinance No. 2019-016 Amending Chapter 180, Article V
of the Land Development Code (LDC) to Add Section 5-20 Establishing a Local
Exemption to Allow Dogs in Designated Areas of Public Food Service
Establishments; and further require restaurants to provide a Safe Serve Progam
to their employees that is regulated by the State as it pertains to the Dog Dining;
Moved by Commissioner Oliver, seconded by Mayor Johnson. Mayor Johnson
handed gavel to Commissioner Oliver so he could provide a second to the motion for purposes
of discussion.
Deputy Development Services Director/CRA Administrator Corless pointed out that the
ordinance itself does incorporate the regulations that must be followed and also requires that the
regulations are printed out on visible signs for restaurant staff. She further reiterated staff will
be sure to provide a training guide in their public outreach program. Commissioner Oliver
shared he still has concerns and feels a requirement should be added to the ordinance requiring
training. Mayor Johnson commented that the Public Health Department should mandate that
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requirement. City Attorney Cookson asked if the Commission would be okay with an
informational handout related to training that could be attached to the permit when it is applied
for by restaurants. Deputy Development Services Director/CRA Administrator Corless
advised that a public information packet can be created to accompany the permit that provides
the information related to training.
Commissioner Wilsen voiced her concerns by stating the ordinance presented by staff provides
the extent on the regulations that the City can require of restaurants and feels that health
standards should not be incorporated into the ordinance as that is the responsibility of the
restaurant industry to comply with. She further shared the purpose of this ordinance is to allow a
dog friendly area. Further discussion ensued regarding what should be required to be
incorporated into the handout that will be provided by the City. Deputy Development Services
Director/CRA Administrator Corless informed the Commission that the ordinance was
formatted to contain all the requirements that are required by State statute for outdoor dining
areas for dogs. She further stated in their research they did not find any additional training that
would be required by the State. Discussion ensued.
City Manager Frank inquired if it would be possible to slightly amend the ordinance to
include a requirement that the restaurant owner/operator/proprietor adheres to all state or
federally required training guidelines. Deputy Development Services Director/CRA
Administrator Corless shared that can also be added to the application permit.
Motion failed 0-3 with Mayor Johnson, Commissioner Oliver, and Commissioner
Wilsen opposing; Commissioner Brinson and Commissioner Firstner were
absent.
Motion: Move to adopt Ordinance No. 2019-016 Amending Chapter 180, Article V
of the Land Development Code (LDC) to Add Section 5-20 Establishing a Local
Exemption to Allow Dogs in Designated Areas of Public Food Service
Establishments with the modification that as a condition to the permit that the
applicant comply with all Federal and State regulations regarding training of
servers; Moved by Commissioner Oliver, seconded by Commissioner Wilsen;
Motion carried 3-0 with Commissioner Brinson and Commissioner Firstner
absent.
b) Resolution (Not a public hearing)
Motion: Move to adopt Resolution No. 2019-006 Amending the Fine and Fee
Schedule; Moved by Commissioner Wilsen, seconded by Commissioner Oliver;
Motion carried 3-0 with Commissioner Brinson and Commissioner Firstner
absent.
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Regular City Commission Meeting
June 4, 2019
REGULAR AGENDA - 7:22 1'M
15. Designation of Voting Delegate — Florida League of Cities 93rd Annual Conference.
(City Clerk Sibbitt)
The Florida League of Cities (FLC) is holding their 93rd Annual Conference at the World Center Marriott in
Orlando, Florida, on August 15-17, 2019. The FLC is requesting that the City of Ocoee's Voting Delegate is
designated and received by August 9, 2019.
Motion: Move to designate Mayor Johnson as the City of Ocoee's Voting
Delegate at the Florida League of Cities (FLC) Annual Conference. Moved by
Commissioner Oliver, seconded by Commissioner Wilsen; Motion carried 3-0
with Commissioner Brinson and Commissioner Firstner absent.
STAFF ACTION ITEMS - None
COMMENTS FROM CITIZENS/PUBLIC - 7:23 P 1I
Larry Johnson, 101 Security Circle, shared there is a terrible smell coming from lift station
#63. He stressed to the Commission that this situation has been on -going for over a month. He
explained that his wife reached out to City staff, and was promised it would be taken care of as
soon as possible and that they would be kept informed of the progress. Unfortunately, neither
promise had been kept, therefore he pleaded for the Commission to assist in resolving the matter
promptly. Mayor Johnson empathized with Mr. Johnson and acknowledged that he is aware of
his concerns. He shared that he turned this matter over to the Utilities Director Charles Smith.
He then gave direction to Staff to make sure Mr. Johnson receives a phone call tomorrow; both
to update him on the situation, and to clarify the direction taken to resolve the problem.
Audrey Alexander, Florida Dept. of Health, came before the Commission to inform them of
the Community Champion Recognition Award. She alerted the Board of the rising obesity rates
within the United States and explained they have dramatically increased over the past 30 years,
and are currently considered an epidemic. She further advised that here in Florida only 34.6%
of adults are considered to be a healthy weight. This increased prevalence of obesity is
connected to many serious health conditions including heart disease, stroke, high blood
pressure, type 2 diabetes, and cancer. She then stressed that the County strongly believes
individual municipalities share an important role in decreasing the presence of unhealthy weight
within their jurisdictions. To acknowledge municipalities making a difference, the Florida
Department of Health implemented the Community Champion Recognition Award in 2014.
She explained this award is offered at a State level and has been received by many neighboring
Cities. She encouraged the City of Ocoee to apply online and shared that the application
process opens on Monday, June 10, 2019. She assured the Commission there is no monetary
contribution necessary for this award, and that the City is already doing what is required to
obtain this acknowledgment. By acquiring this recognition, the City of Ocoee would then be
listed on the State's website as one of Florida's Healthiest Communities. The City would also
receive a certificate signed by the Surgeon General, and be provided with a logo which can be
used on City advertisements to acknowledge the achievement. She requested that the
Commission designate a Staff member to apply online once the application opens. The
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Regular City Commission Meeting
June 4, 2019
consensus of the board was to have Ms. Alexander send the application and deadline
information to City Clerk Sibbitt for further review.
Chris Adkins, bob Ridgefield Ave, opened by praising the Commission on the progress of the
new downtown and stated that it looks refreshing. He then addressed the Board regarding
budget concerns. First, was the necessity of implementing department audits to ensure that each
department is being held accountable and run efficiently. Second, he would like the
Commission to reconsider the expense of local representation of City sports leagues. He
understood that some of the leagues currently using the fields are non-profit, however, feels it
unfair to local tax payers that individuals living outside the City limits are allowed to use the
same fields without contributing to the on -going expenses. His biggest issue with this matter is
that the Ocoee Little League, which has been in place for 53 years, was recently replaced with
the new West Orange Babe Ruth League. As this league accepts children from anywhere within
West Orange County, it is not fair to Ocoee residents. He also noted that currently, four for -
profit soccer leagues are using Ocoee's fields. He strongly recommended the City require any
for -profit league to pay the City's Park and Recreation Department a minimum 10-15% of their
total overall revenue, to assist with expenses. Lastly, he expressed a desire to have the
Founders' Day budget removed from the Parks and Recreation Budget, and instead be presented
as an individual item. He would like the tax payers to clearly understand what they are paying
for, and he believes that Ocoee residents are no longer attending. Mayor Johnson addressed
Mr. Adkin's concerns regarding the local representation of City sports leagues and shared that
recently the soccer league agreed to contribute $200,000 in renovations for the fields. He then
clarified that the funds used for Founders' Day were not paid for by tax payers. The Mayor
shared that the City raised $400,000 from local vendors who sponsored the event. He disagreed
with Mr. Adkin's in regard to attendance and stated he strongly believes Ocoee's residents are
in large attendance every year and suggested seeking directions from the citizens via a ballot
question as to whether to continue with the event. Mr. Adkins requested a copy of the
Founders' Day Budget and an acknowledgment of a program for all non-profit organization to
follow. Mayor Johnson directed Mr. Adkin's to contact the Finance Department for further
information.
COMMENTS FROM COMMISSIONERS - 7:38 P11
Commissioner Wilsen — 1) Shared in the past when they have attended the Florida League of
Cities Conference the Commission approved for her to stay on property. She requested
consensus of the City Commission to allow her to stay on the property again this year.
Consensus of the City Commission was to allow Commissioner Wilsen to stay
on the property during the Florida League of Cities Conference. 2) Shared she has
received multiple complaints about parking along Oakland Ave. in the no parking zone. She
requested the police department's attention requesting additional monitoring within the area,
especially on the weekends. She asked for enforcement of the no parking zones and monitoring
of the noise level within Bill Breeze Park. She stressed concerns for those inconvenience by
loud noises. She also feared damage of the newly landscaped areas, which the City just
completed with the downtown renovations. Commissioner Oliver asked if warnings could be
given. City Manager Frank explained that typically warning are issued during the first few
weeks of summer followed by citations for those individuals not adhering to the rules and
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Regular City Commission Meeting
June 4, 2019
regulations. He then shared that he would follow up with Police Chief Brown 3) Recommended
issuing permits for boat launching at Starke Lake. She suggested that local residents be allowed
to pay a reduced fee. This would allow the City to recoup some of the expenses connected to
the maintenance and upkeep of the lake and dock. Consensus of the City Commission
was to have staff look at other cities ordinances and bring back information.
Commissioner Oliver — 1) Shared that roughly twenty-five employers along with two -hundred
registered youth and many walk-ups, were in attendance, at the 2019 Ocoee Youth Summer Job
Fair. He expressed disappointment regarding the lack of attendance by the Human Resources
Department given it was a City sponsored event with ten open youth positions needing to be
filled. 2) Shared that he was discouraged by the lack of attendance of the elected officials at the
Ocoee High School graduation ceremony. He proposed the date of graduation being added to
the City's published calendar. Commissioner Wilsen noted placing the date within the City
calendar may create concern as it is an Orange County Public School function, not a City
function, which could give residents the impression that all are invited to go. She further
explained tickets are limited and provided to specific individuals by those graduating. 3)
Inquired about seeking ownership of the Hallowed Ground in order to possibly create a future
memorial for those who may have been buried on that land. He requested consensus from City
Commission to give the City Attorney direction on sending a letter to the registered owners
requesting that they sign over possession of the land given the City has been maintaining the
grounds for several years, or if necessary start the procedure for acquiring a quiet title. City
Manager Frank informed that during attorney day it was discovered that the property
ownership listed on the Orange County Property Appraiser website had changed in 2014. City
Attorney Cookson shared that due to the recent change in ownership status he recommended
seeking possession, especially if the City desires to add additional improvements outside of
maintaining it. Consensus of the City Commission was to have the City Attorney
proceed with acquiring ownership of the Hallowed Ground. 4) Inquired about the
status of adding verbiage in our Purchasing Policy for MBE, WBE and Veteran -owned
businesses. City Manager Frank explained Staff is currently working on this project and
should have something ready for Commissions review within the next two weeks. Mayor
Johnson asked for clarification on how the new verbiage would change our current purchasing
policy. City Manager Frank and Assistant City Manager Shadrix briefly outlined the
purchasing policy guidelines when referring to MBE and WBE that are used by neighboring
municipalities similar in size. Further discussion ensued. 5) Shared that he recently spoke with a
councilwoman from Val Demings's Office about the possibility of a partnership to host a
Veteran's Lunch -and -Learn at the Ocoee Lakeshore Center on October 12'h from 10:00 AM —
3:00 PM. This session would allow them the opportunity to provide valuable information to
veterans within the West Orange County area. Commissioner Wilsen shared that she loves the
idea of educating our community; however, believes this should be coordinated alongside the
Veteran's Program at the Tom Ison Senior Center. Commissioner Oliver shared it is
anticipated that over 200 guests could be in attendance. Mayor Johnson noted that Orange
County Services has been coming to Ocoee for many years to educate and assist our local
veterans, and encouraged Commissioner Oliver to reach out to them for additional assistance.
Mayor Johnson recommended getting more information to bring the item back when the
absent Commissioners are present. Consensus of the City Commission was to gather additional
information and bring it back at a later date for further discussion. 6) Requested consensus to
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Regular City Commission Meeting
June 4, 2019
hold a Town Hall Meeting on Thursday, September 12, 2019, from 7:00 PM — 8:30 PM for
residents of District 4. Consensus of the City Commission was to allow
Commissioner Oliver to hold a Town Hall Meeting for residents of District 4 on
September 12, 2019, from 7:00 PM — 8:30 PM. 7) Announced that he would like to set an
official date and time to hold a workshop where the Commission can work together to create a
set of core values, a mission statement, and a clear vision for the City. Mayor Johnson advised
this should be brought back when the other two Commissioners are present due to schedule
conflicts.
ADJOURNMENT — 8:18 1'N 1
APPROVED:
Attest:
Me/anAie--Sib'bitt,.....Cit
y Clerk
Ci of O °ems
Rusty Jo ns , ayor
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