10-19-10 MINUTES
OCOEE CITY COMMISSION
OCTOBER 19, 2010, 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. Bishop Brent Sauser gave the invocation, followed by the Pledge of
Allegiance to the Flag, led by Mayor Vandergrift. City Clerk Eikenberry called roll and
declared a quorum present.
Roll Call: Commissioner Hood, Commissioner Wilsen, Mayor Vandergrift, Commissioner
Johnson and Commissioner Keller.
Also Present: City Attorney Rosenthal, Assistant City Manager Shadrix, City Clerk Eikenberry
B. PRESENTATIONS AND PROCLAMATIONS
Proclamations. (Mayor Vandergrift)
➢ United Nations Day — October 24
➢ National Family Week — November 21St -27th
Presentations.
➢ Check for $500 presented to Ocoee High School Band from Lions Club of Ocoee
➢
Chief's Special Commendation Awards -
Chief Brown presented awards to:
Vincent Bailey and Robert R. Hunt III for their assistance in the apprehension of a
robbery suspect at Walgreens.
Dwayne and Tramarion Boyd for a near drowning incident where they pulled a
young boy from a pool and administered CPR
➢ West Orange Airport Authority Update — presented by Board Member William
Maxwell
C. COMMENTS FROM CITIZENS/PUBLIC - None
D. STAFF REPORTS AND AGENDA REVIEW
Assistant City Manager Shadrix made the following reports:
1) There is a revised staff report for Agenda Item # 3 on the consent agenda; CIP Manager Butler
can answer questions if you wish to pull the item off the consent agenda. Consensus of the
Commission was to leave it on consent.
2) There is a memo distributed on the dais that recommends the outright purchase of a sludge
truck. This was a budgeted item. Staff recommends adding it to Item #6 - 2010/2011 Budget
Vehicle Purchase. City Attorney Rosenthal advised this should be heard as a separate
emergency item and leave Item #6 as is in the Consent Agenda.
Emergency Item — Purchase of New Sludge Truck for the Utilities Department from
Orlando Freightliner in the amount of $109,868.00.
Utilities Director Smith and Fleet & Sanitation Operations Manager Bill Simmons explained
the need for purchasing the new sludge truck. Mr. Smith said the power train has failed and the
City Commission Regular
October 19, 2010
tank is getting rusty; the truck will be salvaged. He added that the finance department looked at
the different means of purchasing this truck and recommended the outright purchase of the truck.
Commissioner Johnson, seconded by Commissioner Wilsen, moved to approve
the purchase as a sole source purchase of a Sludge Truck from Orlando
Freightliner in the amount of $109.868.00. Motion carried 5 -0.
stow
3) said the Comp Plan Items 11 -15 will be presented by Principal Planner Rumer rather than
himself.
4) Offered to forego further project update announcements in the interest of time. They Mayor
said he can cover anything that is not covered in the commission comments.
E. COMMISSIONERS ANNOUNCEMENTS
Commissioner Keller — reminded everyone that early voting has started for November 2nd
General Election. The library at Clarke and Silver Star is open as well as other locations around
the county.
Commissioner Johnson — 1) said the city's sign machine is not functioning and we have had to
purchase signs from outside. The cost of a new machine is $15,500- $18,500 and we are
spending $150 - $200 per sign if we have to purchase them. He stated the signs made for
"Movies in the Park" would have cost $1896, with the machine it costs $480 to make them,
which shows how much we will save. The city also spent $750 for the Farmer's Market signs.
Commissioner Johnson, seconded by Commissioner Wilsen, moved that we
purchase a sign machine in an amount not -to- exceed $20,000 from the
contingency fund. Motion carried 5 -0.
2) update on Founders' Day, everything is set for the November 5 & 6 event. City Departments
are all participating. All VIP seating tickets are sold at a profit of $4,500 - $5,000; there are over
sixty booths sold for the marketplace; the Founders' Day Golf Tournament is Friday, October
29th and slots are still available; he recapped the entertainment for Friday and Saturday night;
Poker Run on Saturday at 9:30 a.m. beginning at the Sandwich Shoppe, it will benefit Toys for
Tots.
Commissioner Wilsen 1) announced the Haunted House on October 28, 29, and 30, 2010.
Check it out on the web site. The Parks and Recreation Board will be selling hot dogs and
drinks. There are also bounce houses and activity booths.
Commissioner Hood 1) gave an update on Ocoee Bulldogs; the Season is over and they did
great this year. 2) West Orange Girls club raffling of a television, please support them, 3) Movie
in the Park "How to Train Your Dragon" FREE admission Saturday, at 7:30. 4) Friday Ocoee
Varsity playing at Olympia; and JB and Freshman will be played on home on Thursday. 5)
Ocoee Woman's Club will be holding a members ship mixer on Friday, October 26 and they
are doing rummage sale Friday and Saturday, November 5 and 6 6) great job this year with
the Haunted House, it is $1 admission and a perishable food item for the Christian Service
Center and 7) talked about all the great improvements to Sorenson Park and said it is not ADA
compliant.
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October 19, 2010
Mayor Vandergrift 1) presented Parks and Recreation Department with an appreciation Plaque
from the Autism and Related Disabilities Gym Program. 2) read a thank you note from a resident
who said they are enjoying the new tennis courts at Vignetti and 3) advised that Human
Resources has been moved over to the new location next to City Hall. And 4) the Courts at Tiger
Minor Park are almost done, CIP Mgr. Butler said they are putting in the lights and finishing
the basketball courts. 5) urged everyone to be careful at Halloween and not to vandalize.
F. CONSENT AGENDA
Commissioner Wilsen, seconded by Commissioner Keller, moved to approve
Consent Agenda Items #1 through #7, including changes made to Item #3 and
including the adoption of Resolution 2010 -015 under Item #5. Motion carried.5 -0.
1. Approval of Minutes for Regular Commission Meetings Held September 21, 2010 and
October 5, 2010. (City Clerk Eikenberry)
Approved on Consent. Motion carried 5 - 0.
2. Reappointments to the Parks and Recreation Advisory Board. (City Clerk Eikenberry)
Members of the Parks & Recreation Advisory Board serve two -year terms; provided the terms shall be
staggered so that the terms of four members and the terms of the other five members shall expire in alternating
years. Currently, the Parks & Recreation Advisory Board has eight (8) members and no applications on file.
The two -year terms of Gordon Applegate, Mary Barber, Dottie Godek, Carol Heard, Rob McKey, Jane Rainer,
and Veronica Royce have all ended October 1, 2010. All members with the exception of Veronica Royce have
indicated they are willing to serve another term, if reappointed. Member Royce has declined reappointment due
to moving out of the city limits.
To comply with Chapter 15 -1 (C.) of the Code of Ordinance and realign the staggered terms of the board
members, staff recommends extending the current terms of the two longest serving members (Applegate and
Barber) until October 1, 2011, and reappoint Dottie Godek, Carol Heard, Rob McKey, and Jane Rainer to serve
another term on the Parks & Recreation Advisory Board ending October 1, 2012.
Approved on Consent. Motion carried 5 -0.
3. Approval of Transferring Certain Property Rights and Granting the Use of City Right -
of -Way to the Florida Department of Transportation in Connection with the Widening
of SR 50. (CIP Manager Butler)
The Florida Department of Transportation (FDOT) plans to widen SR 50 through the City of Ocoee. The first
part of the project will widen SR 50 from the eastern entrance to the West Oaks Mall to Good Homes Road.
We expect this project to begin next year. In FY 2014, construction will begin to widen the rest of SR 50 in
Ocoee, from SR 429 to the end of the first phase. As part of this second phase of the project, FDOT intends to
place its new stormwater management structures within properties owned by the City of Ocoee and/or
properties for which the City has a utility easement. City utilities located within these areas will need to be
relocated in advance of the road construction.
Approved on Consent, with changes discussed by staff. Motion carried 5 -0.
4. Approval of Bluford Avenue Pavement Repair at Franklin Street. (Public Works
Director Krug)
Nikw Bluford Ave., south of Silver Star Rd., at Franklin St. has experienced differential settlement in this area
creating unsafe "dips" in the pavement. Public Works proposes repairing this area by milling the existing
pavement and placing a surface leveling course of new asphalt. The total cost for this work is $12,500.00 based
on the proposal from Advanced Paving and Seal Coat, Inc. Public Works solicited pricing from the asphalt
producing vendors in the Central Florida area; however the scope of work was not large enough for them to
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October 19, 2010
provide a competitive price. The vendors referred the City to Advanced. Public Works recommends awarding
the Bluford Ave. asphalt repair work to Advanced Paving and Seal Coat, Inc. for $12,500.00.
Approved on Consent. Motion carried 5 -0.
5. Resolution Approving Railroad Reimbursement Agreement for Municipal Grade
Crossing Traffic Control Devices — Wurst Road. (Public Works Director Krug)
tklow This agreement provides for funding from the Federal Highway Administration to the FDOT to install new
railroad grade crossing signals on Wurst Rd. at the Florida Central Railroad crossing. The purpose of this
agreement is to allocate the Federal funds to upgrade existing grade crossing signals, which are over 30 years
old, to meet current requirements.
City Attorney Rosenthal read the title of the resolution.
Approved on Consent, Adopting Resolution 2010 - 015. Motion carried 5 - 0.
6. Approval of 2010 -2011 Budget Vehicle Purchase. (Public Works Director Krug)
The City traditionally purchases vehicles and equipment through bids from the Florida Sheriffs Association's
annual contract. The new pricing for the 2010 /2011 fiscal year is generally published around the first of
November; however this has currently been delayed due to vendor bid protests. The Fleet Division has
contacted the 2009/2010 vendors who will also be on the new contract and they have agreed to honor their
2009/2010 prices as long as they receive the City's new vehicle purchase order before the new rates are
published. This will provide the City a 3 -4% savings per each out -right purchased vehicle.
Approved on Consent. Motion carried 5 -0.
7. Approval of Maintenance Statement for Property Transferred from Orlando- Orange
County Expressway Authority to the City of Ocoee. (City Engineer Wheeler)
The Cities of Ocoee and Winter Garden and Orange County were approached by the Orlando- Orange County
Expressway Authority (OOCEA) approximately two years ago about giving away surplus land and/or non-
expressway roads and associated retention ponds along the SR 429 corridor. The surplus land, road and
retention ponds that OOCEA wanted to go give to the City was excess right -of -way along the east -west portion
of Tomyn Boulevard and the road portion of Tomyn Boulevard that parallels SR 429 and the associated
retention ponds.
Approved on Consent. Motion carried 5 -0.
G. PUBLIC HEARINGS - SECOND READING OF ORDINANCES
8. Park Square. (Annexation Advertised in the Orlando Sentinel on Thursday, October 7, 2010, and
Thursday, October 14, 2010, Rezoning Advertised on Thursday, October 7, 2010,). (Principal Planner
Fabre)
The proposed annexation is a logical extension of the City limits, urban services can be provided, and the
annexation meets state and local regulations. Upon annexation, the property will assume a Low Density
Residential Land Use per the JPA Agreement and the City of Ocoee Comprehensive Plan. The applicant is
requesting an initial City zoning classification of R -1AA "Single- Family Dwelling" for the subject parcel.
Furthermore, the Applicant has expressed that the subject property would either develop as a residential
subdivision or as an ACLF (Assisted Congregated Living Facility) both of which are permitted uses under the
requested zoning classification and adopted comprehensive plan. It should also be noted that the owners of the
western adjacent parcel are in the process of requesting annexation into the City's corporate limits.
City Attorney Rosenthal read the title of the Annexation Ordinance.
Principal Planner Fabre gave a summary of the annexation and rezoning.
a. Annexation Ordinance
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Mayor Vandergrift opened the Public Hearing. As no one wished to speak, the Public
Hearing was closed.
Commissioner Johnson, seconded by Commissioner Wilsen, moved to approve
Ordinance No. 2010 -028 approving the annexation for certain real property
containing approximately 17.17 acres located north of and adjacent to Roberson
Road and east of Windermere Road (Park Square), per staff recommendations.
Motion carried 5 -0.
The Ordinance as adopted on second reading carries the following title:
TAX PARCEL ID: 31- 22 -28- 0000 -00 -005
CASE NO. AX- 04- 10 -20: PARK SQUARE
ORDINANCE NO. 2010 -028
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE
CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL
PROPERTY CONTAINING APPROXIMATELY 17.17 ACRES LOCATED NORTH OF
AND ADJACENT TO ROBERSON ROAD AND EAST OF WINDERMERE ROAD,
PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER;
FINDING SAID ANNEXATION TO BE CONSISTENT WITH THE OCOEE
COMPREHENSIVE PLAN, THE OCOEE CITY CODE, AND THE JOINT PLANNING
AREA AGREEMENT; PROVIDING FOR AND AUTHORIZING THE UPDATING OF
OFFICIAL CITY MAPS; PROVIDING DIRECTION TO THE CITY CLERK;
PROVIDING FOR SEVERABILITY; REPEALING INCONSISTENT ORDINANCES;
PROVIDING FOR AN EFFECTIVE DATE.
b. Rezoning Ordinance
City Attorney Rosenthal read the title of the Rezoning Ordinance.
Mayor Vandergrift opened the Public Hearing. As no one wished to speak, the Public Hearing
was closed.
Commissioner Keller, seconded by Commissioner Johnson, moved to adopt on
second reading Ordinance No. 2010 -029 approving the rezoning to R -1AA
"Single- Family Dwelling" for certain real property containinq approximately 17.17
acres located north of and adjacent to Roberson Road and east of Windermere
Road (Park Square), per staff recommendations. Motion carried 5 -0.
The Ordinance as adopted on second reading carries the following title:
TAX PARCEL ID # 31- 22 -28- 0000 -00 -005
CASE NO. RZ- 10- 04 -03: PARK SQUARE
ORDINANCE NO. 2010-029
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING
CLASSIFICATION FROM ORANGE COUNTY A -1, "GENERAL AGRICULTURE" TO
OCOEE R -1AA, "SINGLE FAMILY" ON CERTAIN REAL PROPERTY CONTAINING
APPROXIMATELY 17.17 ACRES LOCATED NORTH OF AND ADJACENT TO
ROBERSON ROAD AND EAST OF WINDERMERE ROAD; PURSUANT TO THE
APPLICATION SUBMITTED BY THE PROPERTY OWNER; FINDING SUCH ZONING
TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN, THE OCOEE
CITY CODE, AND THE JOINT PLANNING AREA AGREEMENT; PROVIDING FOR
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October 19, 2010
AND AUTHORIZING THE REVISION OF THE OFFICIAL CITY ZONING MAP;
REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE.
c. Annexation Agreement (NOT A PUBLIC HEARING)
Mayor Vandergrift, seconded by Commissioner Keller, moved to approve the
Annexation Agreement between City of Ocoee and Vivek Welfare and Educational
Foundation, Inc., as recommended by staff. Motion carried 5 -0.
9. Ocoee Town Shops — Small Scale Comprehensive Plan Amendment Ordinance.
(Advertised in the Orlando Sentinel on Thursday, October 7, 2010. (Principal Planner Fabre)
On December 1, 2009, the City of Ocoee City Commission reviewed and approved a Small - Scale
Comprehensive Plan Amendment for Ocoee Town Shoppes (the "Previous Amendment "). At the time of
approval of the Previous Amendment, the City was prohibited from adopting comprehensive plan amendments
because it had not yet submitted its required Evaluation and Appraisal Report ( "EAR ") to the Florida
Department of Community Affairs ( "DCA "). Accordingly, the Previous Amendment provided for a deferred
adoption date related to the City's adoption of its EAR, its submission of the EAR to DCA and its receipt of an
initial determination of sufficiency from DCA.
On September 21, 2010, the City of Ocoee City Commission adopted and authorized transmission of its EAR to
DCA. Based on the Previous Amendment ordinance, the adoption date could be after the November 2nd
election. If Amendment No. 4 passes, the effect on the comprehensive plan amendment is uncertain. Since
comprehensive plan amendments may be adopted at such time as the EAR has been transmitted to DCA, City
Staff recommends that the City Commission pass an ordinance amending the Previous Amendment in order to
provide for an adoption date 10 days after passage of this ordinance. This will allow the Comprehensive Plan
Amendment to be sent to the DCA prior to the November 2n election.
City Attorney Rosenthal read the title of the ordinance.
Principal Planner Fabre summarized the item.
Mayor Vandergrift opened the Public Hearing. As no one wished to speak, the Public
Hearing was closed.
Commissioner Wilsen, seconded by Commissioner Johnson, moved to adopt
on second reading Ordinance No. 2010 -030 approving the Ocoee Town Shops
— Small Scale Comprehensive Plan Amendment, per staff recommendations
Motion carried 5 -0.
The Ordinance as adopted on second reading carries the following title:
CASE NO. SSPCA 2008 -03: OCOEE TOWN SHOPS
ORDINANCE NO. 2010 -030
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA AMENDING THE OCOEE
COMPREHENSIVE PLAN AS ADOPTED IN 1991, AS AMENDED, AS FOLLOWS:
AMENDING ORDINANCE NO. 2009 -034 WHICH AMENDED THE FUTURE LAND USE
MAP TO REDESIGNATE FROM "PROFESSIONAL OFFICES & SERVICES" TO
"COMMERCIAL," CERTAIN REAL PROPERTY CONTAINING 3.39 ACRES (MORE
OR LESS) LOCATED NORTH OF AND ADJACENT TO STATE ROAD 50 AND WEST
OF AND ADJACENT TO CLARKE ROAD, PURSUANT TO THE APPLICATION
SUBMITTED BY THE PROPERTY OWNER, IN ORDER TO AMEND THE ADOPTION
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DATE AS DEFINED THEREIN; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
10. Shoppes at the Village — Small Scale Comprehensive Plan Amendment Ordinance.
i rr (Advertised in the Orlando Sentinel on Thursday, October 7, 2010). (Principal Planner Fabre)
On December 15, 2009, the City of Ocoee City Commission reviewed and approved a Small -Scale
Comprehensive Plan Amendment for Shoppes at the Village (the "Previous Amendment "). At the time of
approval of the Previous Amendment, the City was prohibited from adopting comprehensive plan amendments
because it had not yet submitted its required Evaluation and Appraisal Report ( "EAR ") to the Florida
Department of Community Affairs ( "DCA "). Accordingly, the Previous Amendment provided for a deferred
adoption date related to the City's adoption of its EAR, its submission of the EAR to DCA and its receipt of an
initial determination of sufficiency from DCA.
On September 21, 2010, the City of Ocoee City Commission adopted and authorized transmission of its EAR to
DCA. Based on the Previous Amendment ordinance, the adoption date could be after the November 2nd
election. If Amendment No. 4 passes, the effect on the comprehensive plan amendment is uncertain. Since
comprehensive plan amendments may be adopted at such time as the EAR has been transmitted to DCA, City
Staff recommends that the City Commission pass an ordinance amending the Previous Amendment in order to
provide for an adoption date 10 days after passage of this ordinance. This will allow the Comprehensive Plan
Amendment to be sent to the DCA prior to the November 2nd election.
City Attorney Rosenthal read the title of the ordinance.
Principal Planner Fabre summarized the item.
Mayor Vandergrift opened the Public Hearing. As no one wished to speak, the Public
Hearing was closed.
Commissioner Johnson, seconded by Commissioner Keller, moved to adopt
on second reading Ordinance No. 2010 -031 approving the Shoppes at the
Village —Small Scale Comprehensive Plan Amendment, per staff
recommendations Motion carried 5 -0.
The Ordinance as adopted on second reading carries the following title:
CASE NO. SSPCA 2008 -05: SHOPPES AT THE VILLAGE
ORDINANCE NO. 2010-031
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA AMENDING THE OCOEE
COMPREHENSIVE PLAN AS ADOPTED IN 1991, AS AMENDED, AS FOLLOWS:
AMENDING ORDINANCE NO. 2009 -035 WHICH AMENDED THE FUTURE LAND USE
MAP TO REDESIGNATE FROM "LOW DENSITY RESIDENTIAL" TO
"COMMERCIAL" CERTAIN REAL PROPERTY CONTAINING 0.911 ACRES (MORE
OR LESS) LOCATED NORTH OF AND ADJACENT TO SILVER STAR ROAD AND
WEST OF AND ADJACENT TO BLUFORD AVENUE, PURSUANT TO THE
APPLICATION SUBMITTED BY THE PROPERTY OWNER, IN ORDER TO AMEND
THE ADOPTION DATE AS DEFINED THEREIN; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
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11. 16th Joint Planning Area Amendment - Large Scale Comprehensive Plan Amendment —
Second Reading of Ordinance. (Advertised in the Orlando Sentinel Orange Extra and West Orange
Times on Thursday, October 7, 2010). (Assistant City Manager Shadrix)
The City has initiated this amendment to the Comprehensive Plan in order to (i) incorporate by reference the
Sixteenth JPA Amendment; (ii) provide for the revision of the Future Land Use Map (Figure 2) and the Existing
Land Use Map (Figure 1) to conform to the Joint Planning Area Land Use Map as modified by the Sixteenth
JPA Amendment; and (iii) provide for the revision of the Existing Land Use Map (Figure 1) to conform to the
Orange County Comprehensive Policy Plan Future Land Use Map as modified by the County Comprehensive
Plan Amendment.
The Sixteenth (16th) Amendment to the City of Ocoee -Orange County Joint Planning Area Agreement (JPA)
amended the boundary to include the area located north of Palm Drive, east of East Crown Point Road and west
of SR 429 aka "East Crown Point High Tech Industry PUD" and establish a JPA Future Land Use map
designation for all parcels as "Light Industrial."
City Attorney Rosenthal read the title of the ordinance.
Principal Planner Rumer summarized the item.
Mayor Vandergrift opened the Public Hearing. As no one wished to speak, the Public Hearing
was closed.
Commissioner Hood, seconded by Commissioner Wilsen moved to adopt on
second reading Ordinance No. 2010 -033 approving the 16 Joint Planning Area
(JPA) Amendment — Large Scale Comprehensive Plan Amendment, per staff
recommendations Motion carried 5 -0.
The Ordinance as adopted on second reading carries the following title:
CASE NO. CPA - 2010 -005: SIXTEENTH JPA
COMPREHENSIVE PLAN AMENDMENT
ORDINANCE NO. 2010-033
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA AMENDING THE OCOEE
COMPREHENSIVE PLAN AS ADOPTED IN 1991, AS AMENDED; AMENDING THE
INTERGOVERNMENTAL COORDINATION ELEMENT TO INCORPORATE THE
SIXTEENTH AMENDMENT TO THE JOINT PLANNING AREA AGREEMENT
BETWEEN THE CITY OF OCOEE AND ORANGE COUNTY, FLORIDA; PROVIDING
FOR THE AMENDMENT OF THE FUTURE LAND USE MAP (FIGURE 2) AND THE
EXISTING LAND USE MAP (FIGURE 1) OF THE OCOEE COMPREHENSIVE PLAN
TO CONFORM TO THE SIXTEENTH AMENDMENT TO THE JOINT PLANNING
AREA AGREEMENT; PROVIDING FOR THE AMENDMENT OF THE EXISTING
LAND USE MAP (FIGURE 1) TO CONFORM TO ORANGE COUNTY
COMPREHENSIVE PLAN AMENDMENT ORDINANCE NUMBER 2010 -07 WITH
RESPECT TO LANDS REFERENCED IN THE SIXTEENTH AMENDMENT TO THE
JOINT PLANNING AREA AGREEMENT; PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE.
Stir
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12. Past Joint Planning Area Amendments and Future Land Use Map Clean -up- Large
Scale Comprehensive Plan Amendment— Second Reading of Ordinance. (Advertised in the
Orlando Sentinel Orange Extra and West Orange Times on Thursday, October 7, 2010). (Assistant City
Manager Shadrix)
The City proposes to update Figure 1 (Existing Land Use Map) and Figure 2 (Future Land Use Map) of the
Future Land Use Element of the Ocoee Comprehensive Plan to reflect annexations and comprehensive plan
amendments adopted since the adoption of CPA - 2001 -1 -1; and to (i) incorporate by reference the Fifth through
the Fifteenth Joint Planning Area Agreement Amendments; (ii) amend Subsection I of the Future Land Use
Element in order to reflect the Fifth through the Sixteenth Joint Planning Area Agreement Amendments; (iii)
amend the Future Land Use Map (Figure 2) to conform to the Joint Planning Area Agreement, as amended, and
to reflect small scale comprehensive plan amendments and annexations since the last update to Figure 2; and
(iv) amend the Existing Land Use Map (Figure 1) to conform to the Joint Planning Area Agreement, as
amended and to reflect small scale comprehensive plan amendments and annexations since the last update to
Figure 1.
City Attorney Rosenthal read the title of the ordinance.
Principal Planner Rumer summarized the item.
Mayor Vandergrift opened the Public Hearing. As no one wished to speak, the Public Hearing
was closed.
Commissioner Hood, seconded by Commissioner Wilsen, moved to adopt on
second reading Ordinance No. 2010 -034 approving the Past Joint Planning Area
Amendments and Future Land Use Map Clean Up —Large Scale Comprehensive
Plan Amendment, per staff recommendations, and to include the corrected maps
that will be provided to the city clerk. Motion carried 5 -0.
The Ordinance as adopted on second reading carries the following title:
CASE NO. CPA - 2010 -006: 2010 UPDATE
COMPREHENSIVE PLAN AMENDMENT
ORDINANCE NO. 2010 -034
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA AMENDING THE OCOEE
COMPREHENSIVE PLAN AS ADOPTED IN 1991, AS AMENDED; AMENDING THE
INTERGOVERNMENTAL COORDINATION ELEMENT OF THE COMPREHENSIVE
PLAN TO ADD THE FIFTH THROUGH FIFTEENTH AMENDMENTS TO THE JOINT
PLANNING AREA AGREEMENT BETWEEN THE CITY OF OCOEE AND ORANGE
COUNTY, FLORIDA; AMENDING THE FUTURE LAND USE ELEMENT TO
REFLECT THE FIFTH THROUGH SIXTEENTH AMENDMENTS TO THE JOINT
PLANNING AREA AGREEMENT; AMENDING THE FUTURE LAND USE MAP
(FIGURE 2) TO CONFORM TO THE JOINT PLANNING AREA AGREEMENT, AS
AMENDED, AND TO REFLECT SMALL SCALE COMPREHENSIVE PLAN
AMENDMENTS AND ANNEXATIONS SINCE SEPTEMBER 2002; AMENDING THE
EXISTING LAND USE MAP (FIGURE 1) TO CONFORM TO THE JOINT PLANNING
AREA AGREEMENT, AS AMENDED, AND TO REFLECT SMALL SCALE
COMPREHENSIVE PLAN AMENDMENTS AND ANNEXATIONS SINCE JANUARY
2001; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
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13. Text Amendment - Large Scale Comprehensive Plan Amendment — Second Reading of
Ordinance. (Advertised in the Orlando Sentinel and West Orange Times on Thursday, October 7, 2010).
(Assistant City Manager Shadrix)
The City has initiated this amendment to the Comprehensive in order to (i) amend the definition of floodplains
in order to allow an alternative basis for determining the location of 100 -year flood plains for the purposes of
implementing the requirements of the Ocoee Comprehensive Plan, (ii) amend Objective 3 of the Section IV of
the Conservation Element in order to conform to the amended defmition of floodplains, and (iii) amend the
Public Participation Procedures Element regarding procedures for noticing and conducting public hearings on
comprehensive plan amendments.
City Attorney Rosenthal read the title of the ordinance.
Principal Planner Rumer summarized the item.
Mayor Vandergrift opened the Public Hearing. As no one wished to speak, the Public Hearing
was closed.
Commissioner Keller, seconded by Commissioner Wilsen, moved to adopt on
second reading Ordinance No. 2010 -035 approving the Text Amendment—Large
Scale Comprehensive Plan Amendment, per staff recommendations, and to
include the corrected maps that will be provided to the city clerk. Motion carried
4 -0, with Mayor Vandergrift away from the dais.
Commissioner Hood asked if we had been working with residents on this. Asst. City Manager
Shadrix stated that we had been meeting with HOAs and affected residents, many of them will
be affected for the better by the map changes. He said they are trying to do a blanket map
amendment for the City for the 100 Year Flood Plain that will take care of several problem areas.
The Ordinance as adopted on second reading carries the following title:
CASE NO. CPA - 2010 -007:
COMPREHENSIVE PLAN AMENDMENT
ORDINANCE NO. 2010-035
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA AMENDING THE OCOEE
COMPREHENSIVE PLAN AS ADOPTED IN 1991, AS AMENDED, BY AMENDING THE
DEFINITION OF FLOODPLAINS, BY AMENDING OBJECTIVE 3 OF THE
CONSERVATION ELEMENT WITH RESPECT TO FLOODPLAINS AND BY
AMENDING THE PUBLIC PARTICIPATION ELEMENT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
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H. REGULAR AGENDA
14. Approval of Request for Reduction of Fine/Lien of $459,200 — Douglas Pridgen, 509
Nicole Blvd. (Deputy Fire Chief Stanley)
This property was cited on November 5,1997, for a violation of ordinance 165 -3 and 165 -4 A, B (1)(a)(b), (2) C
and D by former Officer Thea Cronnan, regarding a gray truck in the front yard with expired license tag and the
appearance of being inoperable. The violation was re- inspected on December 8, 1997 and observed non-
compliant. A statement of violations and notice of hearing for the January 1998 Code Board meeting was sent
out certified delivery on December 9, 1997. On December 30, 1997, Police Officer G. Edwards hand delivered
the notice of hearing to Mr. Douglas Pridgen. At the January 27, 1998, meeting of the Code Board a
compliance order was issued requiring compliance by February 3, 1998 or forfeit $100.00 per day. On
February 4, 1998 the violation was re- inspected and found non compliant with an affidavit of non compliance
signed on February 10, 1998. On February 24, 1998, an order imposing fine and lien was issued by the Code
Board and officially recorded on Orange County records February 27, 1998. At the September 28, 2010, Code
Board Meeting the case was re- opened at request of Mr. Douglas Pridgen to request a reduction of fine /lien.
During testimony Douglas Pridgen presented the Code Board with paper evidence and a photograph
demonstrating state issued registration and license tags for what appeared to be the vehicle in question.
The Code Enforcement Board is recommending the fine /lien be reduced to $4,500.00 due to the act the
respondent was unable to provide documentation regarding registration and license tags for a period of one year
and three months after initial code enforcement action.
Items #14 and #15 were moved up and heard after Presentations
Lynn Walker Wright, 2711 Rue Circle, attorney for Mr. Pridgen, stated the property that
accrued the fine /lien was owned by Mr. Pridgen, but he did not live there. It is a 13 year old case
and there is nothing in the file proving that Mr. Pridgen was contacted. She has been unable to
get files from DMV dating back that far. She further stated that Mr. Pridgen sustained a brain
injury in a serious car accident and recently lost his son; he is unable to work at this time.
Commissioner Hood asked the attorney if she would waive her legal fee if the commission
waived the lien/fine on the property, to which she responded that she would. Commissioner
Johnson asked why they are hearing a case from 1997. Deputy Chief Stanley said the Fire
Department took over Code Enforcement last year and they are trying to flush out the old cases
that were never resolved. Code Board Attorney Hamilton said the Code Officers attested that a
certified letter and a hand delivered letter were delivered to Mr. Pridgen.
Commissioner Johnson, seconded by Commissioner Hood, moved to reduce the
Fine /Lien against Douglas Pridgen to zero, for the property located at 509 Nicole
Blvd. Motion carried 4 -1 with Commissioner Wilsen opposed.
Commissioner Johnson said that we need to look at a time limit, where cases should be waived
if we didn't follow up on it. Commissioner Wilsen said that would encourage everyone not to
pay their lien if they know it will be dropped to zero. Commissioner Hood said we need to have
proof that we mailed or hand delivered code enforcement actions. City Attorney Rosenthal
stated that the burden is on the violator to request the re- inspection; it is not up to the city to keep
calling once they have been served. He cautioned them not to create a process by which the city
would take on that responsibility. Commissioner Hood said he must look at individual cases as
well, this is a parking issue; there were no health or safety issues. Mr. Stanley added that they
will review all open cases every six months so that none of them will remain open so long. There
was discussion that in this case there was no evidence that the owner was made aware that a lien
had been filed. Commissioner Hood said that is a loophole that needs to be closed.
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City Commission Regular
October 19, 2010
Commissioner Wilsen said she did not agree with reducing it to zero because is going to set
precedence; she stated no one wants to have a car parked in the yard at their neighbor's house
even if there is no health hazard. It is still an ordinance that needs to be adhered to.
Commissioner Hood agreed.
15. Approval of Request for Reduction of Fine/Lien of $17,250 — Russell V. Harper, c/o
Denver R. Harper Estate, 19 Cedar Key Court. (Deputy Fire Chief Stanley)
This property was cited on July 31, 2007, for a violation of Minimum Housing violations by Officer Delgado
and one of the requirements was for a permit to bring the Electric service up to code. Replacing switches, GFI's,
to bring existing electrical to minimum requirements. The code violation was for failure to obtain fmal
inspection for the electrical permit # 0701969 issued on November 13, 2007. On August 28, 2007, the Code
Enforcement Board issued an order to comply by September 11, 2007, or be fined $50.00 per day. Russell V.
Harper, Grandson and, c/o Denver R. Harper Estate, is requesting a reduction of fme/lien of $17,250.00.
Denver Harper passed away and Russell V. Harper (grandson) is maintaining the properties and bringing them
into compliance with the City, the property was observed to be in full compliance on August 21, 2008.
The Code Enforcement Board is recommending the fme/lien be reduced to $1,725.00. The discussion by the
board was to reduce the amount; due to the Russell V. Harper stated he was not aware of any pending code
violations and would keep all of the properties Denver R. Harper owns in compliance with the City.
Items #14 and #15 were moved up and heard after Presentations
Deputy Chief Stanley explained the case.
Russell Harper said he works for his grandfather 500 miles away; when his great grandfather
passed away he was left with a lot of properties that need to be taken care of.
There was discussion regarding the minimum housing inspections and how they created a policy
stating no property would need an inspection more frequently then two year intervals. Mayor
Vandergrift stated that rental properties can be destroyed very quickly and he would like to see
that policy reversed so inspections would be done with each new tenant. Mr. Stanley stated he
would get with council on that, but perhaps the better way to handle it is to make new tenants
pull their own water account which would trigger an inspection. Commissioner Johnson agreed
the owner should not be able to keep the water in his name to avoid the inspections.
Deputy Chief Stanley said that Mr. Harper has been very cooperative bringing these addresses
up to code. Commission thanked Mr. Harper for that effort.
Commissioner Wilsen, seconded by Commissioner Keller, moved to reduce the
Fine /Lien against Russell V. Harper c/o Denver Harper Estate to $1,000, for the
property located at 19 Cedar Key Court. Motion carried 5 -0.
I. STAFF ACTION ITEMS - none
J. COMMENTS FROM COMMISSIONERS
Commissioner Hood 1) reminded everyone of the Haunted House, 2) reminded everyone that
Ocoee Woman's Club will be holding a members ship mixer on Friday, October 26', and they
are doing rummage sale Friday and Saturday, November 5 and 6 3) Friday Ocoee Varsity
playing at Olympia; and JB and Freshman will be played on home on Thursday.
Commissioner Wilsen - none
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City Commission Regular
October 19, 2010
Commissioner Keller 1) reminded everyone that early voting has started for November 2nd
General Election. The library at Clarke and Silver Star is open as well as other locations around
the county. 2) suggested residents come out and enjoy all of the events the city has going on.
Commissioner Johnson - none
Mayor Vandergrift 1) said he has been communicating with Public Works with regard to the
plant life along the shoreline of Starke Lake. He wants it done by Founders' Day even if he has
to get a group of volunteers to do it. He was told we are waiting for the Fresh Water Fish and
Game Commission to remove some more plants. Assistant City Manager Shadrix said they
will stay on top of it until it is completed. 2) said the Mayor will be around town in his
BOOmobile, please come up and talk to the Mayor. 3) read a story given to him by his daughter,
Live for today because tomorrow isn't promised.
ADJOURNMENT
The meeting was adjourned at 9:41.
APPROVED:
Attest: City of Ocoee
Betlriikenberry, City Clerk S. Scott Vandergrift, Mayo
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