08-03-10MINUTES
OCOEE CITY COMMISSION '1
August 3, 2010, at 7:15 P.M.
REGULAR CITY COMMISSION MEETING
A. CALL TO ORDER
Mayor Pro Tem Johnson called the regular session to order at 7:15 p.m. in the Commission
Chambers of City Hall. Commissioner Keller gave the invocation, followed by the Pledge of
Allegiance to the Flag, led by Commissioner Hood. City Clerk Eikenberry called roll and
declared a quorum present.
Roll Call: Commissioner Hood, Commissioner Wilsen, Mayor Vandergrift (absent),
Commissioner Johnson and Commissioner Keller.
Also Present: City Attorney Rosenthal, Acting City Manager Shadrix, City Clerk Eikenberry
B. PRESENTATIONS AND PROCLAMATIONS -
none
C. COMMENTS FROM CITIZENS/PUBLIC
Norman Lockery, received red light ticket and wanted to speak to the commission about it.
Mayor Pro Tem Johnson said that he can watch the video to see if he feels that he actually ran
the red light. City Manager Frank took his information and will have someone contact him to
tell him how to contest a ticket if that is what he wishes to do. Mayor Pro Tem Johnson
advised him that if he appeals the ticket and loses the appeal, he will have to pay more.
Jennifer Bales, 636 Westcliffe Drive, Winter Garden -asked why the Tellico Indians group that
performs at Founder's Day event does not receive any monetary payment for their performance
further requesting that they are paid for their services. She additionally asked why she has to pay
a fee to use a space for the performance at the Marketplace. Commissioner Wilsen said she is
not in charge of the Marketplace this year, but has been for many years and they have never been
charged for the four spaces they were given. Commissioner Johnson added that most local
groups volunteer there time for Founder's Day, but stated if she shows him where other cities
have paid for their performance he will have the Founder's Day Committee consider it. Ms.
Bales was also concerned about handicap parking that is closer to the Marketplace because Bill
Prentiss is in his 80's and the three block walk back and forth to set up his area was too much for
him. Mayor Pro Tem Johnson advised that parking is limited; they can look into letting him
drive in there temporarily while they are doing the set up.
D. STAFF REPORTS AND AGENDA REVIEW
City Manager Frank stated there was a meeting for the Educational Reimbursement Committee
and it was found funding is short again this year. Mayor Pro Tem Johnson, who is a member
of that Committee, stated that the line item is short by $7500 this year and that they have already
allocated more funds in the budget next year. He asked if Commission would like to make a
motion to add money to the fund to cover the expenses. City Manager Frank added that they
also tightened up the application process for educational reimbursement so that the funds would
go further.
City Commission Regular
August 3, 2010
Commissioner Keller, seconded by Commissioner Hood, moved to transfer $7500
from contingencv to the educational reimbursement fund to cover expenses for
this near. Motion carried 4-0 with Mayor Vanderarift absent.
Update on the work at the municipal compound. CIP Manager Butler gave some history on
the garage at the historical house. He said they looked at costs for restoring it or relocating it
with six different contractors and found that it would be cost prohibitive to attempt either of
those things because of the poor condition of the garage. He said it is not serving well as a
storage area, anything inside that is of antique or historical value needs to be moved to a climate
controlled environment. Staff recommends demolition of that building. They may need a
storage outbuilding but a new one should be built.
Additionally, they looked at the Scott Griffin building, the condition is poor and the foundation
and windows have failed. There were reroofing and other structural modifications, many
original windows are gone. We need to demolish that structure from a public safety standpoint,
if for no other reason.
Mr. Butler stated he is looking at a more strategic use of the downtown resources that we have
under city control such as utilizing the Maguire House for special events, using other facilities
focused on community activities such as the Farmer's Market, Movies in the Park, etc. We have
a downtown center that is under utilized. It isn't generating the revenue that the amount of our
investment might justify; we spent over a half million dollars on the Maguire House alone. He
will be bringing options back on how to generate a revenue stream to pay for continued
maintenance of that facility. We have a management agreement for 15 years with the Ocoee
Historical Society and he will be discussing these items next week with them. Additionally, he
has been talking to Chief Brown regarding his concerns with insufficient lighting in that the area
for security purposes. He will bring back a recommended package to the Commission for
recommended improvements and additions. Commissioner Hood verified that the agreement
with the Maguire House Historical Committee does not prohibit us from demolishing the garage.
Mr. Butler said they only have authority over the inside of the house. Under the current contract,
we are not allowed to use it for anything except the museum with limited hours of operation. He
said the half million dollars has been spent since we purchased the property in 1983 as well as
the use of $350,000 of state grant funding that has been invested in the property. Discussion
followed with regard to previous agreements and conditions that had been imposed on the
Maguire house property. Additional discussion regarding the Scott building followed and Mr.
Butler reiterated the poor condition of the structure; the commission requested demolition costs.
Commissioner Wilsen stated that she has given thought to the discussion they had at the
previous meeting about LED lights and feels that is not a good fit on the corner near the Maguire
House. If Commission agrees, she would like to tell Butler to discontinue to looking for
estimates. Mr. Butler stated the LED light is an add/alternate to the job (as well as the fountains
and a few other items), they will not have to accept it or include it in the job. City Manager
Frank stated that the cost will most likely prohibit us from doing it this year; it would have to be
considered in next year's budget. City Attorney Rosenthal added that we would also have to
amend our Land Development Code in order to obtain building permits to install an LED sign.
E. COMMISSIONERS ANNOUNCEMENTS
Commissioner Hood - no announcements
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City Commission Regular
August 3, 2010
Commissioner Wilsen - no announcements
Commissioner Keller - no announcements
Commissioner Johnson - no announcements
F. CONSENT AGENDA
1. Approval of Minutes for Regular City Commission Meeting Held July 20, 2010. (City
Clerk Eikenberry)
Approved on Consent. Motion carried 4-0 with Mavor Vandergrift absent.
Advisory Council for the Ocoee Fire Department ("CACOFD"), to Change CACOFD
Number of Members and Quorum Requirements. (Fire Chief McNeil)
Since its inception in 2003, the CACOFD has had difficulty meeting the number of member requirements set
forth by Resolution 2003-20. Therefore, on May 13, 2010, it was requested by the CACOFD current members
that the resolution and CACOFD bylaws be amended to reflect that the CACOFD be made up of no less than
seven (7) members and no more than fifteen (15). They also requested that the quorum requirement be changed
to 50% of the current membership.
Approved on Consent. Motion carried 4-0 with Mavor Vandergrift absent.
G. SECOND READING OF ORDINANCE -PUBLIC HEARING
3. Health Central. (Advertised in the Orlando Sentinel on Thursday, July 22, 2010 and July
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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 properties are contiguous to the City limits on the north and west. To the north and west is property
owned by Health Central. Health Central and the City will not be entering into an Annexation or Developer
Agreement with this annexation as the parcels are located within the Target Area #3 of the CRA Target Areas
Special Development Pian.
Principal Planner Rumor gave the staff report on all of the Health Central annexation and
rezoning items and noted that the comments made in the staff report carry over for all five of the
ordinances which require public hearings and they will be heard separately. He said the parcels
meet the criteria for annexation; it is Target Area 3 of the CRA; there is no Development Plan or
Development Agreement, Annexation Agreement with these ordinances because they fall under
the Development Plan guidelines established for CRA Target Area 3.
a. Annexation Ordinances
City Attorney Rosenthal read the title of the annexation ordinance for 2010-010.
Mayor Pro Tem Johnson opened the Public Hearing.
City Attorney Rosenthal stated that each ordinance will be opened for separate Public
Hearings, however you can make a comment now that pertains to any of them and it will carry
forward.
Jesse Kenneth Howard, 1502 Rowe Ave., owned the grocery store across the street, stated he is
not in favor of R3 zoning for multi family homes. He would like to see the plans and make sure
no apartments are going in. He stated that it is not compatible with the comprehensive plan or
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City Commission Regular
August 3, 2010
the JPA with Orange County. Principal Planner Rumor showed the Future Land Use Map and
stated Medium Density Residential allows up to 12 units per acre; this is reflected on the JPA
agreement, Future Land Use Map with Orange County under our JPA and it is adopted in our
Land Development Code, so it is consistent with Future Land Use designation in the area.
Mayor Pro Tem Johnson closed the Public Hearing.
Commissioner Hood asked if multi family is what is planned there.
City Attorney Rosenthal stated under the CRA Target 3 Overlay Ordinance adopted last month,
it allows the Commission to look a at the totality within the Target Area. Some of the residential
uses may move, under our Comprehensive Plan and the Special Overlay District, elsewhere
within the overall Health Central Property. Just because this particular property is being zoned
R3 does not mean apartments will be developed in that location. Mr. Rumer added that there is
presently no proposed development in that location.
Commissioner Keller, seconded by Commissioner Wilsen, moved to adopt
Ordinance 2010-010, approving the annexation per staff recommendations.
Motion carried 4-0 with Mavor Vandergrift absent.
City Attorney Rosenthal read the title of annexation ordinance 2010-011.
Mayor Pro Tem Johnson opened the Public Hearing.
There being no one wishing to speak, Mayor Pro Tem Johnson closed the Public Hearing.
Commissioner Keller, seconded by Commissioner Wilsen, moved to adopt
Ordinance 2010-011, approving the annexation per staff recommendations
Motion carried 4-0 with Mavor Vandergrift absent.
b. Rezoning Ordinances
City Attorney Rosenthal read the title of rezoning ordinance 2010-012.
Mayor Pro Tem Johnson opened the Public Hearing.
There being no one wishing to speak, Mayor Pro Tem Johnson closed the Public Hearing.
Commissioner Keller, seconded by Commissioner Wilsen, moved to adopt
Ordinance 2010-012, approving the rezoning per staff recommendations. Motion
carried 4-0 with Mavor Vandergrift absent.
City Attorney Rosenthal read the title of rezoning ordinance 2010-013.
Mayor Pro Tem Johnson opened the Public Hearing.
There being no one wishing to speak, Mayor Pro Tem Johnson closed the Public Hearing.
Commissioner Wilsen, seconded by Commissioner Keller, moved to adopt
Ordinance 2010-013, approving the rezoning per staff recommendations. Motion
carried 4-0 with Mayor Vandergrift absent.
City Attorney Rosenthal read the title of rezoning ordinance 2010-014.
Mayor Pro Tem Johnson opened the Public Hearing.
There being no one wishing to speak, Mayor Pro Tem Johnson closed the Public Hearing.
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City Commission Regular
August 3, 2010
Commissioner Wilsen, seconded by Commissioner Keller, moved to adopt
Ordinance 2010-014, approving the rezoning per staff recommendations. Motion
carried 4-0 with Mayor Vanderarift absent.
H. PUBLIC HEARINGS
(Advertised in the Orlando Sentinel on Thursday, July 22, 2010). (Principal Planner Rumer)
This variance application requests that a proposed replacement mobile home at 8 Sundial Key Drive be allowed
to encroach 5 feet into the 20 foot rear yard setback established by the zoning district. The applicant's intent is
to replace the mobile home constructed in 1967 with one that was constructed in 1985. The applicant consulted
with the Building Department on the requirements for making the replacement and was informed that due to the
20' setback requirement, a variance would be required.
Principal Planner Rumor gave the staff report and recommended approval.
Mayor Pro Tem Johnson opened the Public Hearing. There being no one wishing to speak, the
Public Hearing was closed.
Commissioner Hood asked Mayor Pro Tem Johnson to advise his feelings in this variance since
it is in his District and he stated that he saw no problem with the variance being granted.
Mayor Pro Tem Johnson, seconded by Commissioner Keller, moved to approve
t_he variance per staff recommendations. Motion carried 4-0 with Mayor
Vanderarift absent.
5. 10-Year Water Supply. (Advertised in the Orlando Sentinel Orange Extra on Thursday, July 22,
`; a 111 {.llJpl ; lpilllrl 1\11111V•
In 2005 the Florida Legislature significantly changed Chapters 163 and 369 of the Florida Statutes (F.S.) by
strengthening the relationship between District Water Supply Plans (DWSP) prepared by the Water
Management Districts and the Comprehensive Plans prepared and maintained by local governments. According
to The Wekiva Parkway and Protection Act, Chapter 369, Part III, F.S., each local government is required to
amend its comprehensive plan to include an up-to-date 10-Year Water Supply Facility Work Plan to include an
evaluation of the present and projected growth and water demand fora 10-year planning period.
a. First Reading of Ordinance (Date of Second Reading Contingent on Approval of DCA)
City Attorney Rosenthal read the title of the ordinance.
Principal Planner Rumer presented the staff report. He stated by Florida Statute, via the
Wekiva Parkway and Protection Act, we are required to adopt a 10 Year Water Supply And
Facilities Plan. This will include comprehensive plan amendments. This is a large scale
amendments, we will be asking for transmittal of the amendments to DCA and other state
agencies for comment and then final adoption. SJRWMD has been the primary reviewer and
they gave granted two cursory reviews and this is the final product of those two reviews. In our
remedial amendments for the Wekiva Study Area we have a date certain of December 2010 that
we will adopt the 10 Year Supply Plan and the amendments. The package will be two parts, the
technical document and its amendments. The commission approved the technical document a
few years ago and the state made some comments on it; that is why it is being brought back now.
Mayor Pro Tem Johnson opened the Public Hearing.
R. P Monaclry, 1820 Prairie Lake Blvd, asked how things are with the water supply.
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City Commission Regular
August 3, 2010
Mr. Rumor stated are only projects deal with limiting the amount we draw by doing reclaimed
and educating people how to use less water, otherwise we are looking good. We are currently
under our CUP, and have not been required to reduce how much we draw from the ground, but
under the permit process and our usage may change.
b. Transmittal Public Hearing -Large Scale Comprehensive Plan Amendment
Mavor Pro Tem Johnson, seconded by Commissioner Keller, moved to approve
the staff recommendations including transmittal to the DCA Motion carried 4-0
with Mavor Vandergrift absent.
I. REGULAR AGENDA
Both of these homes were severely damaged by fire back in 2007 and have been declared unsafe, fire hazard,
and a nuisance. The Code Enforcement Board has authorized the City to abate the nuisance and assess the cost
against each property. At the Commission Meeting on July 20, 2010, a motion to move forward with
demolition failed with a 2-2 tie vote. Commission requested that City Attorney Rosenthal look into a process
whereby the city would recover the expenses incurred for these demolitions.
City Attorney Rosenthal advised that researching the code found that our lien for demolition
would be superior to the mortgage. The found the current assessments from the property
appraiser's office were sufficient to cover costs of demolition. After proper procedures
following demolition, if the city is not paid, they can foreclose on the property. If anyone bids
over the amount of the city's lien, the city would be paid in full. If there are no other bidders, the
city would be bidding its lien amount which would wipe out the mortgage and any other debt and
would get title to the lots.
_Commissioner Keller, seconded by Commissioner Wilsen moved to move forward
with the demolition of the two properties at 1400 Samantha Street and 504
Withers Court and to take the $17,751.00 from the contingency fund
Sonya Treat, 502 Withers Court, advised they live right next door and have been looking at this
home for three years. It has burned, been condemned, and had a tree fall on it. There are now
animals living in there and it is dangerous because the kids want to go inside. She said neighbors
are unable to sell their home because it is such an eyesore. She offered to mow the yard if
necessary to help the city make the decision to demolish this home.
Mayor Pro Tem Johnson stated that we have to be concerned about where the funds are coming
from. Commissioner Keller stated that it did not pass last time because the cost issues had not
been worked out, but now we have found that there is a good chance we will get funds back with
the worst case scenario being we will own the property. We are fairly certain we will be able to
get reimbursed for demolition costs.
Ms. Treat asked if the neighbors would be able to buy it. Commissioner Hood said the best
route would be to form an association and consider purchasing it. City Attorney Rosenthal said
if they get to that point, they should talk to the City because they may be able to work out
something with them in terms of any foreclosure action such as them providing the funds and
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City Commission Regular
August 3, 2010
then turning it over to the association following a sale. They would need an Association for this
to happen, though.
Commissioner Hood expressed concerns with the way the selection process occurred for the
demolition company that will be doing this job. He felt that if someone has a direct influence
with the city there should be a sealed bid process and a public opening so that there is no
appearance of unethical behavior or "good of boy" network. Mayor Pro Tem Johnson agreed.
City Manager Frank stated that there are other avenues that can be done. We can have a
purchasing department solicit bids and handle the whole thing from start the finish or have some
prequalified consulting/engineering firms and get bids from them when these types of things
arise. It does not happen very often and Deputy Fire Chief Stanley was responding to a sense of
urgency of getting this taken care of.
Commissioner Johnson added that he has been concerned about these homes for a long time but
he thinks commission did the right thing by waiting the extra two weeks and ensuring that the
city will get reimbursement for the costs of the demolitions.
After the discussion, the motion carried 4-0, with Mayor Vandergrift absent.
7. Staff Update on Farmer's Market. (Development Services Director Shadrix)
During the May 18, ?010, City Commission meeting, two business owners from the downtown McKey Street
area approached the City Commission with a request to start a downtown farmers' market in conjunction with
the City, residents, and other businesses to revitalize the historical downtown area. Prior to that, the City had
been approached by other business owners regarding a City Farmers' Market and had several discussions take
place about the potential to hold such an event. City staff recommended at that time, that more time be allowed
to determine possible approaches to a City Farmers' Market. Since then, numerous meetings including City
department heads and citizens have taken place to evaluate the normal parameters associated with special events
(traffic safety, waste disposal, etc.) that could be addressed given a number of locations where the market could
be potentially held. From all of the discussion, three potential sites emerged and will be presented to the City
Commission. These sites include: 1) the block of McKey Street between Bluford Avenue and Cumberland
Avenue, 2) the Maguire House property at Bluford Avenue and Oakland Avenue, and 3) the lakefront green
area located within Bill Breeze Park.
Principal Planner Rumer gave a summary of the discussion regarding the Farmer's Market.
He stated that staff recommends 1) approve a City Farmers' Market for an evaluatory period of
four consecutive Fridays in September beginning on September 3rd, 2) approve a location from a
recommended list and, 3) approve Staff to administratively issue a special events permit
consistent with City ordinances. He stated staff would bring back an update the second meeting
in September.
There was discussion with regarding the pros and cons of the three proposed locations 1) McKey
Street, between Bluford and Cumberland and leaving Ocoee Cafe open with a rear entrance, 2)
the Maguire House, 3) Bill Breeze Park.
The following people spoke on the issue and stated their preferences:
Everett Kornbrek, 1010 Delany Avenue, Orlando, Manager of Chipotle's
Ervin Voshell, 1004 Center Street, Ocoee, store owner on McKey Street
Bradley Gardner, 214 E Pomelo Street, Groveland
Jim Sills, 205 S. Lakeshore Drive, Ocoee
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City Commission Regular
August 3, 2010
Commissioner Wilsen, seconded by Commissioner Hood, moved to go forward
on
with an evaluatory Farmer's Market on Mcgem beginning September 3s m 2010 a
on four consecutive Friday nights, 4pm to p
a rovin that tem ora ermits be issued for the four events.
Commissioner Keller said he is receiving messages residents ing with feeling Winter Garden's event
o ut competing be better, however he feels that we should not start p
Principal Planner Rumer stated they ultimately feel the event will grow and be moved down to
the Lake area where entertainment might become part of the event. Mayor Pro Tem Johnson
advised that if it ends up being an entertainment event,
there are many local entertainers that
would love to get involved. Commissioner Wilsen confirmed the traffic issues had been
worked out. There was discussion about getting mosquito control out there and making sure all
the appropriate health certificates are obtained.
After the discussion the motion carr 4-0 with Ma or Vander rift absent.
J. STAFF ACTION ITEMS -none
K. COMMENTS FROM COMMISSIONERS
Commissioner Keller — no comments
Commissioner Wilsen — no comments
Commissioner Hood — 1) thanked Utilities Director Smith for all the work on Peach al sign ups
and Lady Lake. 2) stated Pop Warner Little League started Sunday, 3) said
Saturday, 4) said Ocoee High School Freshman day Friday, and 5) voiced some concerns with
spending on the
minutes from last meeting with regard to how much money end the most wants to balance the
city compound area, but the same person who wants p please
budget at the rolled back rate. He said you cannot
b are two workshops usAugu and two
attend budget meetings to voice concerns; stated there
Public Hearings in September.
Commissioner Wilsen - made comment on public attending budget meeting
Commissioner Johnson — 1) stated the public should e be b ae endingdbudy are eeting
the an d tation
d
that the dates are on Ocoee TV, to which City Clerk Eikenberry , 2) read
the internet, and a budget schedule ad will run in West Or cones d fis tomorrow
for demolishing an
the
from a resident asking why the city can't take cost out two
homes. City Manager Frank said the money from the Code Fines goes into the general fund,
so it contributes to the money used for demolition.
ADJOURNMENT
The meeting was adjourned at 8:55 p.m. APPROVED:
City of Ocoee
Attest: •" "µ�'
Ma
;i�a•
ikenberry, ity Clerk or
S. Scott Vandergrift, y
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