02-19-13MINUTES
February 19, 2013, at 7:15 P.M.
REGULAR CITY COMMISSION MEETING
A. CALL TO ORDER
Mayor Vandergrift called the regular session to order at 7:15 p.m. in the Commission
Chambers of City Hall. Commissioner Keller gave the invocation, followed by the Pledge of
Allegiance to the Flag, led by Commissioner Hood. 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 Cookson, City Manager Frank, City Clerk Eikenberry
B. PRESENTATIONS AND PROCLAMATIONS
C. COMMENTS FROM CITIZENS/PUBLIC
Cathy Sills, representing both the Lions Club and Woman's Club of Ocoee, presented two
checks, $125 from Lions Club & $100 from Woman's Club, to go toward the Ocoee Spring
Fling. She also presented a check for $100 from the Ocoee Woman's Club to the Police
Department for their Kids In Need Program.
Joe Hembrooke, 2188 Alclobe Circle, briefly shared his dissatisfaction with the February 5 th
commission meeting in regards to the Dollar General. Mayor Vandergrift advised that his
issues are with the last meeting but he may put his feelings in writing and send it to the
Commissioners. The Mayor did not think characterization was appropriate for public comments.
Greg Keethler, 2430 Orsota Circle, advised that he put in an application for the Board of
Adjustment and just wanted to express his willingness to serve on the board. He is available for
any questions that they may have on his background. Mayor Vandergrift inquired if the City
Clerk was aware of his application. She answered affirmatively advising it was just received
today and the agenda for tonight's meeting had already been distributed the week prior. It was
asked if there was a vacancy for the Board of Adjustment. The City Clerk answered the only
vacancy is for the alternate position which is being considered tonight. She further shared that
Mr. Keethler did also submit an application for the Planning & Zoning Commission, which does
have an opening. Commissioner Johnson briefly commented that the opening for Planning &
Zoning is for Commissioner Hood's district (District 1), which is also where Mr. Keethler
resides. The Mayor thanked Mr. Keethler for his time.
D. STAFF REPORTS AND AGENDA REVIEW
City Manager Frank announced that there is an add -on item to consider. Because of the length
of the discussions that ensued at the February 5 th Regular Commission Meeting, minutes were
completed and provided to the Commission yesterday Commissioner Wilsen expressed that she
did not have enough time to review them.
Commissioner Wilsen, seconded by Commissioner Keller, moved to table the
approval of the February 5, 2013, minutes to the next meeting. Motion carried 5 -0.
City Commission Regular Meeting
February 19, 2013
E. COMMISSIONERS ANNOUNCEMENTS
Commissioner Hood — announced that the Opening Day Ceremony will be this Saturday. He
confirmed that the Commission would all be participating in the parade. The ceremony starts at
9am and the parade starts at 8am. Parade route begins at Ocoee Elementary School track and
ends at the Central Park Field.
City Manager Franks briefly announced that the City Clerk will require ratification for the
appointments to the Canvassing Board. City Clerk Eikenberry advised that Commissioner
Wilsen said she would like to appoint Jean Grafton to the Canvassing Board, Mayor Vandergrift
said he would like to appoint William Maxwell, and Commissioner Keller said he would like to
appoint Diane Eflanz. Discussion ensued on the charter changes that occurred with the
Canvassing Board. Consensus of the Commission was to appoint Jean Grafton,
William Maxwell, and Diane Eflanz to the March 2013 Canvassing Board.
Commissioner Wilsen — 1) announced she will be requesting to pull items #7, 8, and 12c when
they get to the Consent Agenda. 2) announced the city will be hosting their Black History Month
Essay contest on February 27 at 7pm in City Hall. 3) announced the Woman's Club of Ocoee
will be hosting the Political Forum on February 28 at 6:30pm in City Hall. There will be two
candidates running for District 1 that will be available for questions.
Commissioner Johnson — None
Commissioner Keller — announced the St. Patrick's Day Chili Cook -off will be on March 15
16 ", and 17"'. The chili cook -off will be on Saturday, March 16 but there will be carnival rides
throughout the three days.
Mayor Vandergrift — announced there will be a meeting for iShopOcoee on February 25 at
5:30 pm in City Hall. This is open to the public so they may learn and be a part of that program.
It was requested by the Mayor that the City Clerk announce the upcoming election. City Clerk
Eikenberry advised the election polls will be open at the Jim Beech Center on March 12 from
7am -7pm; absentee voting has already begun and requests for absentee ballots end two days
prior to the election. The books are closed to register for that election. The Commission further
confirmed that the political forum will be held on February 28, 2013, at 6:30 p.m. and that only
the candidates in this election will participate in the forum this year.
F. CONSENT AGENDA
Commissioner Wilsen, seconded by Commissioner Johnson, moved to approve
the Consent Agenda Items #1 through #11; excluding Items #7, 8, 12, & 13 which
is being pulled to be heard for separate consideration. Motion carried 5 -0.
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City Commission Regular Meeting
February 19, 2013
1. Approval of Traffic Enforcement Agreement for Crestwood Heights. (Police Chief
Brown)
A traffic enforcement agreement is required by Florida State Statues 316.006(2) in order for the City of Ocoee
Police Department to have authority to enforce traffic laws upon the private roads within the limits of the gated or
private road subdivision. Crestwood Heights Townhome Owners Association, Inc. is requesting such an agreement.
The term of this agreement shall be two (2) years from the effective date and will automatically renew for an
additional two (2) year period unless terminated by either party with 60 day written notice. Other than the dates, this
is the same agreement previously updated and reviewed by the City Attorney and approved by the City Commission
in 2010.
Approved on Consent. Motion carried 5 -0.
2. Approval of Resolution to Create a Loan Program for Employees under the City
Principal 457 Deferred Compensation Plan. (Human Resources Director Williford)
The City provides a Principal 457 Deferred Compensation Plan for employees to tax defer a portion of their
salaries. This loan program would allow employees to borrow against their own money.
Approved on Consent. Motion carried 5 -0.
3. Approval of Resolution to Create a Loan Program for Employees under the City Great -
West 457 Deferred Compensation Plan. (Human Resources Director Williford)
The City provides a Great -West 457 Deferred Compensation Plan for employees to tax defer a portion of their
salaries. This loan program would allow employees to borrow against their own money.
Approved on Consent. Motion carried 5 -0.
4. Approval of Disposal of Surplus Sanitation Truck. (Public Works Director Krug)
Per Florida Statute 274, Public Works is requesting Sanitation truck 745 be declared surplus so that the City can
properly dispose of it. The Sanitation Division budget included the purchase of one (1) new side load collection
truck and the subsequent sale of one (1) existing side load truck. Sanitation truck 745 was purchased new in
2006 and has been fully depreciated. Staff is requesting to surplus Sanitation truck 745, and approve the sale of
said truck for $43,500.00 to Truck Component Services of Stafford, Missouri.
Approved on Consent. Motion carried 5 -0.
Ir.. ,.T-. " _ _.4. .. M
5. Approval of 5-Year' ease - `Purchase Agreement with SunTrust Ban c. k for "(8) Police
Vehicles. (Purchasing Agent Tolbert)
The City traditionally purchases Police vehicles outright, and the budget for Fiscal Year 12/13 includes $40,000
for the purchase of police vehicles. However, with a reduced budget, outright purchases would not meet the
needs for replacement vehicles within the Department. In order to address the fleet needs, lease /purchasing
eight (8) Police vehicles for a five -year term is funded in the approved budget.
Approved on Consent. Motion carried 5 -0.
6. Approval to Piggyback on Collier County's Contract for Direct Mailing Services
including Utility Bill Printing and Mailing and other Publications. (Purchasing Agent
Tolbert)
In 2008, the City decided an outside vendor would offer a more efficient process and a professional looking
product in generating the monthly utility bills and other publications (i.e., News to You, Annual Drinking Water
report, and Founders' Day flyers) compared to in -house production. Staff reviewed several quotes and sample
utility bill formats from various companies and decided on Southwest Direct to provide these services in 2008
with a four year contract. They offered a billing format that fit our needs and the ability to utilize more than
two colors of print on the bills. Collier County utilizes Southwest Direct as their vendor for utility billing and
other printing and mailing needs. Last year the City Commission approved us piggybacking on their contract.
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February 19, 2013
Their contract was a lower price than we were currently paying because their volume is much higher than ours.
The Collier County contract the City is currently piggybacking expires in March, 2013. Collier County recently
awarded RFP No. 12 -5950 to Southwest Direct Inc. for direct mailing services including utility bill printing and
mailing. The contractual rates in the new Collier County contract #12 -5950 have remained the same. The term
of the contract is for two (2) years, with three (3) additional one year renewal periods.
Approved on Consent. Motion carried 5 -0.
7. Approval of Most Valuable Partnership Grant - Cycle 2012 -13. (Community Relations
Manager Wright)
The Most Valuable Partnership Grants Program has been in operation for several years. The grant program
assists Ocoee neighborhoods and organizations with projects that will enhance property values and improve the
quality of life in Ocoee. The MVP grant program is a matching grant program held once each year. The
maximum matching grant award is $2,000.
Funding is not given up front, but is reimbursed at the completion of the organization's project. Applicants fund
their improvement projects and then get a portion back, up to a maximum of $2,000.
Eight applications were received for this year's cycle. One applicant, Silver Glenn HOA, withdrew their
application. The total amount of grant monies requested from the seven qualified applicants is $12,150. There
is $10,000 funded for this year's MVP grant program.
This item was pulled from the Consent Agenda to be considered separately.
Commissioner Wilsen, seconded by Commissioner Hood, moved to approve Item
#7 - MVP Grant - Cycle 2012 -13 with the exception of Ocoee High Public Safety.
Motion carried 5 -0.
Angela Sewell, Representative from Ocoee High School, was available for any questions.
Commissioner Wilsen addressed Ms. Sewell and advised that she is on the Spring Fling
Committee and several members do not know anything about the program they are proposing to
participate in the Spring Fling. She further said the application for the Spring Fling is not even
on -line yet so she has a problem with the request for funds to participate for that event. Ms.
Sewell briefly explained that the request for the funds from the MVP Program was so that they
could have the money to fund the booths they are proposing for the Spring Fling. She said
without the funds they would not have a need to participate at the Spring Fling. Discussion
ensued regarding having the Ocoee High Public Safety group do a presentation before the Spring
Fling Committee prior to the approval of the funds from the MVP Grant.
Mayor Vandergrift, seconded by Commissioner Rood, moved to table
consideration of approval of the application for the Ocoee High Public Safety to
the March 5, 2013, Commission Meeting. Motion carried 5 -0.
8. Approval of Community Grant Program — January 2013 Cycle. (Community Relations
Manager Wright)
The Community Grant Review Board (CGRB) met on February 6, 2013 to discuss the 15 applications received
for the Community Grant Program (formerly the Community Merit Awards Program). The Community Grant
Program provides financial grants of up to $500 made to Ocoee non - profit organizations and civic groups
outside City limits which benefit residents of Ocoee. The grants are awarded twice yearly to acknowledge
excellence and further the contributions these local organizations bring to the Ocoee community.
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There is currently one (1) alternate member position open. An Application has been received by Catherine
Carpenter who has shown an interest on being appointed to the Board of Adjustment for a term ending May
2016. There are no other applications on file to fill the board opening.
This item was pulled from the Consent Agenda to be considered separately.
Commissioner Wilsen, seconded by Commissioner Hood, moved to grant $500 to
St. Vincent DePaul Resurrection Church and use money from the next funding
cycle of the Community Grant Awards.
Community Relations Joy Wright advised there was discussion at the Community Grant
Review Board regarding if this organization serviced residents from Ocoee. She advised they
were denied and there is currently no money available from this cycle; however, if they wanted
to fund that organization they can do so with funds from the next Community Grant cycle.
Commissioner Wilsen said she would like to fund this organization since they are not aware of
the amount of agencies that will submit for the grant and organizations are only allowed to apply
once a year.
After further discussion motion carried 5 -0.
Commissioner Wilsen, seconded by Commissioner Hood, moved to approve Item
#8 Community Grant Program — January 2013 Cycle per staff's recommendation.
Donna Ellis, applicant for ACYS Sprint United Premier FC Elite U -12, explained that her
organization was denied because they did not serve enough Ocoee residents; however out of the
11 girls on the team she advised that 6 are Ocoee residents and the rest are from Winter Garden.
She further explained the cost they incur with the competition league. Commissioner Johnson
inquired as to how much Winter Garden donated to their organization. Ms. Ellis advised that
Winter Garden has not donated any funds.
After further discussion motion carried 5 -0.
Commissioner Johnson, seconded by Commissioner Hood, moved to match
funds up to $500 with the City of Winter Garden for the ACYS Sprint United
Premier FC Elite U -12 organization; the funds, if approved, are to come from the
next funding cycle. Motion carried 5 -0.
9. Appointment to the Board of Adjustment. (City Clerk Eikenberry)
Ordinance No. 516 on September 15, 1970, created the Board of Adjustment to hear and decide appeals for
administrative review, to hear and recommend to the City Commission variances to zoning ordinances. This
Board consists of five (5) regular members and two (2) alternate members, all with three year terms.
There is currently one (1) alternate member position open. An Application has been received by Catherine
Carpenter who has shown an interest on being appointed to the Board of Adjustment for a term ending May
2016. There are no other applications on file to fill the board opening.
Approved on Consent. Motion carried 5 -0.
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10. Reappointment to the Community Grant Review Board. (City Clerk Eikenberry)
Members of the Community Grant Review Board serve two -year terms. The Ordinance provides that the
Community Grant Review Board membership shall consist of five (5) members. Currently, the board has four
(4) members and there are no applications on file for this board.
The term of Member Keith Carrington will expire on March 2013. Keith Carrington has indicated an interest in
being considered for reappointment for another term ending March 2015. From 2011 -2012, Member Keith
Carrington attended 3 of 4 meetings.
Approved on Consent. Motion carried 5 -0.
11. Appointment to the Parks and Recreation Advisory Board. (City Clerk Eikenberry``
Members of the Parks and Recreation Advisory Board serve two -year terms. The Ordinance provides that the
Parks and Recreation Advisory Board membership shall consist of nine (9) members and whenever possible,
appointments to the Board may include one member from each of the following organizations: Ocoee Little
League, Ocoee Youth Soccer League (OYSL), Ocoee Bulldog Pop Warner Football, and West Orange Senior
Citizens Association.
Currently the board has eight (8) members and there is one (1) application on file for this board from Ocoee
resident Judy Rhodes.
Approved on Consent. Motion carried 5 -0.
12. Approval of Fundraising Event Sponsored by the Ocoee Professional Firefighters.
a. Special Event Permit- Request for Road and Boat Ramp Closure for the Fire Fighters
BBQ/ Chili Cook Off and Concert. (Deputy Building Official Hall)
to order to temporarily close a public street and boat ramp, the approval of the Honorable Mayor and City
Commission is required. Ocoee Professional Firefighters has made application to the City for a Special Events
Permit for a BBQ /Chili Cook -off and Concert that would require the temporary closing of City owned streets
and Starke Lake Boat Ramp. It would also require the use of Bill Breeze Park. The event will be held on Friday,
March 15, 2013 from 6:00 PM — 10:00 PM (Beer Sales only) Saturday, March 16, 2013 from 8:00 AM — 8:00
PM and on Sunday, March 17, 2013 from 10:00 AM — 5:00 PM (Rides only). The streets to be closed are a
portion of N. Lakeshore Drive and Oakland Avenue.
b. Special Event Permit to Authorize the Sale and Serving of Alcoholic Beverages at a City
Park. (City Clerk Eikenberry)
c. Request of Waiver of Insurance Requirement. (HR Director Williford)
This item was pulled from the Consent Agenda to be considered separately.
Commissioner Hood, seconded by Commissioner Keller, moved to approve Item
12 a. &b.
Mayor Vandergrift commented that he thought the city should be a co- sponsoring and the
Ocoee Professional Firefighters would be covered under the insurance policy.
Mayor Vandergrift, seconded by Commissioner Hood, made a substitute motion
to be a co- sponsor with the Ocoee Professional Firefighters so they are covered
under the City's insurance.
City Manager Frank briefly explained that there were a couple of insurance issues they wanted
to discuss. He briefly explained some of the options that they were proposing with the rider. A
member from the Ocoee Professional Firefighters addressed the commission and said this was
the first year they have been asked to provide an insurance policy. They were covered by the city
as a co- sponsor in the past.
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After further discussion motion carried 5 -0.
Mayor Vandergrift, seconded by Commissioner Johnson, moved to approve Items
12 a.b.c. with the stipulation that the city pays the $1,000 from the contingency
fund to get the insurance coverage.
There was further discussion about the insurance coverage and future events.
After the discussion, motion carried 5 -01
13. Special Event Continuation of Farmers' Market 2013. (Deputy Building Official Hall)
Jim Sills submitted a Special Event application requesting permission to continue the Farmers' Market under
the direction of the Ocoee Lions Club in the downtown area, and temporary closing of McKey Street from the
intersection of Bluford Avenue to Cumberland Avenue. The Special Event application does not indicate
significant changes to the original approval from 2012. The Lions Club stated the Farmers' Market has not
created a negative impact on any City services and continues to provide service to many residents. The use of
the barricades will still be needed to close McKey Street every Friday from 2pm -7pm in the winter months and
3pm -8pm in the summer months, including the occasional use of electricity from the power pole located on
McKey Street. The Ocoee Lions Club and the local vendors will remain responsible of the Farmer's Market.
The city field located on Bluford Avenue between Oakland Avenue and McKey Street will continue as
alternative parking.
This item was pulled from the Consent Agenda to be considered separately.
Jim Sills, Lions Club of Ocoee, inquired if during the spring if they could move the Farmer's
Market time to 9am -2pm on Friday. Commissioner Keller shared that he though Windermere
had there's during the morning so they would not compete with us. Commissioner Hood added
that he thought it may be a problem with the middle school traffic. Mr. Sills suggested l0am-
3pm.
Commissioner Johnson, seconded by Commissioner Wilsen, moved to approve
the Farmer's Market time during the spring /summer months to 10am -3pm on
Friday. Motion carried 5 -0.
Commissioner Hood, seconded by Commissioner Johnson, moved to approve
Special Event Continuation of Farmers' Market 2013. Motion carried 5 -0.
City Attorney Cookson read the titles of the resolutions that were approved under the Consent
Agenda Items #2 & #3, after Item #20 on the regular agenda.
G. FIRST READING OF ORDINANCES
14. First Reading of Ordinance to Amend Ordinances related to the requirements for
certain violations of the Code. (Second Reading and Public Hearing scheduled March 5, 2013,
Regular Commission Meeting at 7:15 p.m. or soon thereaftef). (Assistance City Attorney Drage)
a. Ordinance Creating Chapter 16
City Attorney Cookson read the title of the Ordinance. Mayor Vandergrift announced the
second reading and public hearing will be held on March 5, 2013, at 7:15 p.m. or soon thereafter.
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b. Ordinance Amending Portions of Chapters 48, 61, 113, 153, 164, 168 to Reference
the Requirements of Chapter 16
%,tty Matt has determined that it wouia ne neneticiai to amend the Code to provide for a new Chapter 16 —
Violations, in order to have all of the procedures related to certain code violations in one chapter of the Code of
Ordinances. Under the proposed amendments, the Police Infractions Board will be renamed as the Violations
Board and Article III, Chapter 168 will be deleted. In addition to hearing matters related to certain traffic
infractions, the Violations Board will hear cases related to violations of the following code provisions:
Bowfishing, Cemeteries, Noise, Golf Carts on Public Property, Parks and Recreation, Alcoholic Beverages and
Abandoned Property. The requirements for membership on the Violations Board, fines and procedures for
payment of fines and procedures for contesting a Notice of Violation are included in the proposed ordinance. In
addition, each of the foregoing Code chapters will be amended to reference the new Chapter 16.
City Attorney Cookson read the title of the Ordinance. Mayor Vandergrift announced the
second reading and public hearing will be held on March 5, 2013, at 7:15 p.m. or soon thereafter.
15. First Reading of Ordinance to Revise Chapter 38 to Allow Alcohol Sales and
Consumption at City -owned Facilities in Order to Support Rental Operations. (second
Reading and Public Hearing scheduled for March 5, 2013, Regular Cbmrnission Meeting at 7:15 p.m. or soon
therearer). (Support Services Director Butler)
The City has applied for alcohol sales and consumption licenses for three City-owned facilities: Jim Beech
Center, Tom Ison Center, and Vignetti Park. We will seek a license for a fourth facility, the Community Center
Complex, which includes the Withers - Maguire House, when the required remodeling of the House is
completed. In order to provide for the routine use of these licenses and to facilitate rental of the facilities for
private events, Chapter 38 of the Code of Ordinances needs to be revised.
City Attorney Cookson read the title of the Ordinance. Mayor Vandergrift announced the
second reading and public hearing will be held on March 5, 2013, at 7:15 p.m. or soon thereafter.
16. First Reading of Ordinance for Repeal and Replacement of Article I of Chapter 124 of
the Code of Ordinances of the City of Ocoee Governing Parks and Recreation Areas.
Second Reading and Public Hearing scheduled for March _S, 2013, Regular C ontnaission Meeting at 7.15 p. m.
or soon thereafter). (Parks and Recreation Director Hayes)
City staff completed a review of the current City Code of Ordinance, Chapter 124 — Parks and Recreation Areas
and is recommending that Article I — General Provisions of Chapter 124 be repealed and replaced. Staff is
recommending a comprehensive set of regulations for the City of Ocoee's parks and recreational facilities to
help ensure the public's enjoyment of its parks, and strengthen the City's ability to enforce the rules and
regulations that protect both the residents and the City's interest.
City Attorney Cookson read the title of the Ordinance. Mayor Vandergrift announced the
second reading and public hearing will be held on March 5, 2013, at 7:15 p.m. or soon thereafter.
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H. SECOND READING OF ORDINANCES - PUBLIC HEARINGS
17. Foundation of Lights. (Advertised in the Orlando Sentinel on Thtusday. FebruarV 7, 2013). (Principal
Planner Fabre)
The subject property is located on the north and south sides of Floral Street, east of Kissimmee Avenue, and
west of Cumberland Avenue.
The applicant/owner is requesting a "Planned Unit Development" (PUD) zoning in order to allow for the
existing Mosque expansion, daycare and health clinic. Accordingly, the applicantlowner has submitted a Land
Use Plan for the PUD rezoning. The Foundation of Lights Land Use Plan (LUP) proposes an expansion to the
existing Mosque and the Great Hall structure. The total development is proposed to be developed in two (2)
phases. Phase 1 consists of a 5,647 square feet Mosque expansion and parking area improvements. Phase 2
consists of a 4,600 square feet expansion of the existing Great Hall.
a. Second Reading of Ordinance - Rezoning to PUD/Land Use Plan
Principal Planner Fabre gave a brief history of the project. The applicant /owner is requesting a
"Planned Unit Development" (PUD) zoning in order to allow for the existing Mosque expansion,
daycare and health clinic. Accordingly, the applicant/owner has submitted a Land Use Plan for
the PUD rezoning. The total development is proposed to be developed in two (2) phases. Phase 1
consists of a 5,647 square feet Mosque expansion and parking area improvements. Phase 2
consists of a 4,600 square feet expansion of the existing Great Hall.
City Attorney Cookson read the title of the Ordinance.
Mayor Protem Hood opened up the public hearing.
Darcy Unroe, Engineer for the project, briefly explained that this property has been used as a
church facility since the 50's. Foundation of Lights purchased the property in 2004, and they
have made many improvements to the property. To continue with intended improvements, they
need to get the zoning issues resolved. He said he is available for any questions.
Mayor Protem Hood closed up the public hearing.
Commissioner Johnson asked about extending the sidewalks for them and the residents of the
area because of the traffic in that area; he would like to see that addressed. He would also like to
see taller and denser landscaping on the basketball court side to lessen the noise. Mr. Unroe said
he can't agree to have them build a sidewalk, but they may be interested in doing it.
Commissioner Johnson said he is not requiring it; he would just like them to consider it as a
good neighbor.
Mayor Vandergrift asked if the railroad track is still in poor condition, to which several people
answered in the affirmative.
Commissioner Johnson and Commissioner Hood felt that the sidewalk could be done as a
joint venture with the city. Commissioner Johnson asked City Manager Frank to have staff look
into assisting with the sidewalks.
Mayor Vandergrift read a letter opposing the rezoning from CSX railroad in Jacksonville. They
felt the children's daycare facility near the railroad frontage is not a good practice for safety
reasons. If the rezoning moves forward despite their concerns, they suggest a 50 foot buffer
between the daycare facility and the rail right of way in addition to fencing the common property
line between the daycare and the operating track.
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Mr. Young said the daycare will be interior to the building and the recreation area will be on the
other side of the property, fenced and more than 50 feet away from the rail property.
Mayor Vandergrift read into the record a letter opposing the project by CSX Railroad Real
Property.
Commissioner Johnson, seconded by Commissioner Hood, moved to adopt
Ordinance No. 2013 -001, approving the PUD Rezoning Ordinance and Land Use
Plan for the Foundation of Lights per staff recommendation, with the condition
that the developer and city staff work jointly on extending the sidewalk as
discussed tonight. Motion carried 5 -0.
The ordinance as adopted on second reading carries the following title:
ORDINANCE NO. 2013-001
CASE NO. RZ- 12- 02 -01: Foundation of Lights PUD
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING
CLASSIFICATION FROM OCOEE R -IA, "SINGLE FAMILY DWELLING" DISTRICT,
TO OCOEE PUD, "PLANNED UNIT DEVELOPMENT," ON CERTAIN REAL
PROPERTY CONTAINING APPROXIMATELY 2.26 ACRES LOCATED ON FLORAL
STREET WEST OF KISSIMMEE AVENUE AND EAST OF CUMBERLAND AVENUE,
PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER;
FINDING SUCH ZONING TO BE CONSISTENT WITH THE OCOEE
COMPREHENSIVE PLAN; PROVIDING FOR AND AUTHORIZING THE REVISION
OF THE OFFICIAL CITY ZONING MAP; REPEALING INCONSISTENT
ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN
EFFECTIVE DATE.
b. Development Agreement ('This is not a Public Hearing)
Commissioner Johnson, seconded by Commissioner Keller, moved to approve
the Fountain of Lights Development Agreement. Motion carried 5 -0.
1$. Arden Park PUD. Odvertised in the Orlando Sentinel on Thursday, Februtuy 7, 2013). (Principal
Planner Fabre)
The Arden Park PUD was originally approved for a maximum of (595 SFR + 330 TH) 925 dwelling units. The
Land Use Plan originally indicated townhomes on the northern portion of the PUD; however, due to the current
market conditions, the applicant has modified the plan to include only single- family as the primary residential
use. Accordingly, the Land Use Plan was amended to reflect the Applicant's request.
a. Second Reading of Ordinance - Amendment to the PUD/Land Use Plan
Principal Planner Fabre gave a history of the project. The Land Use Plan originally indicated
townhomes on the northern portion of the PUD; however, due to the current market conditions,
the applicant has modified the plan to include only single - family as the primary residential use.
Accordingly, the Land Use Plan was amended to reflect the Applicant's request. Planning and
Zoning Committee and staff recommend approval on this modified plan.
City Attorney Cookson read the title of the Ordinance.
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February 19, 2013
Steven Polacheck, of Standard Pacific Homes, said the collaboration of the team of Ocoee
employees, consultants, and Standard Pacific Homes, allowed them to get moving very quickly
on Phase I of this project and it is now near completion. The team has been very responsive in
getting them through this PUD amendment process quickly. They are excited about the project
that will be built over the next five or six years.
Scott Glass, attorney for the developer, said this property was originally owned by Beezer
Homes to do 925 dwelling units, which has now been cut down to 844 by the new owner,
Standard Pacific. He said he believes all of the small detailed issues have been fully resolved as
of last week. He said they fully agree with staff's recommendations and they are ready to move
forward.
Jeffrey Rapson, Planner for the Project, gave a PowerPoint presentation showing the new site
plan and new vision for this community.
Commissioner Keller inquired as to the access of the elementary school; it was confirmed that
the school would be no access from outside of the development.
Commissioner Keller asked about a road in Phase 4, what it connects to other than the
elementary school property. Mr. Rapson explained that it is a cul -de -sac road, and the school
will control how that road will be used. There was further discussion regarding other roads in
Phase 4 and how they will be access.
Commissioner Hood asked if there is any future development in the north end, and if so will
there be an access gate there that would connect the subdivisions. Mr. Rapson confirmed there
would be no gate on the north end.
Commissioner Wilsen asked Principal Planner Fabre what are the issues he was feeling are still
unresolved that Mr. Glass felt had been resolved. Mr. Fabre stated the issues were resolved in
the past week, his agenda staff report was completed prior to that.
Commissioner Hood said he is not happy with the small lot size because of parking issues.
Residents will be parking in the streets which makes in hard for fire and sanitation vehicles to get
around. Mr. Rapson said there is the potential to have 217 of the 42' lots. Commissioner Hood
asked about the 1100 — 1200 sq. homes. It was confirmed that the smallest homes were 1300 sq.
ft. Commissioner Hood advised that otherwise he likes this project a lot; he has worked with
precast panels before and they are very durable.
Mayor Vandergrift confirmed that it was a gated community. He asked if each Phase will have
their own HOA, or separate. There will be a Master HOA covering the north and south, and then
two sub associations, one for north and one for south.
Mayor Vandergrift said he would still like to have a fountain out there. There was a short
discussion regarding fountains.
Mayor Vandergrift said he also advised staff it would be good to have narrow brick streets;
they are environmentally friendly and last a life time. He added that the cost could be shared
with the impact fees. If there are narrower streets with bricks you may be able to get a few extra
lots in there, and the maintenance would be minimal. He likes the environmentally friendly
atmosphere, and thanked them for spending the money to move the two large Oak trees.
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City Commission Regular Meeting
February 19, 2013
Mr. Gormican said he is happy to see there is no access road or access gate into his property to
the north.
Commissioner Johnson said that Arden Park will be a welcome addition to the City and he
thanked them for their complements about City staff.
Mayor Vandergrift asked if they needed to add a caveat to include changes that have come along.
Mr. Fabre said they will not be reflected in the plans, so he would appreciate it being approved
the way it was recommended by staff.
Mayor Vandergrift closed the public hearing.
Commissioner Keller, seconded by Commissioner Johnson, moved to adopt
Ordinance No. 2013 -002 approving the substantial amendment to the PUD for
Arden Park per staffs recommendation. Motion carried 5 -0.
The ordinance as adopted on second reading carries the following title:
ORDINANCE NO. 2013 -002
CASE NO. RZ- 12- 07 -05: ARDEN PARK PUD
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA APPROVING A
SUBSTANTIAL AMENDMENT TO THE LAND USE PLAN FOR THE ARDEN PARK
PUD ON CERTAIN REAL PROPERTY LOCATED NORTH AND SOUTH OF
CLARCONA OCOEE ROAD, WEST OF CLARKE ROAD AND EAST OF INGRAM
ROAD AS PETITIONED BY THE PROPERTY OWNER; AMENDING THE ARDEN
PARK PUD LAND USE PLAN TO PROVIDE FOR A REDUCTION IN OVERALL
DENSITY AND TO ELIMINATE MULTI - FAMILY HOUSING UNITS WITHIN THE
ARDEN PARK PUD; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR
SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
b. Second Amendment to Development Agreement (This is not a Public Hearing)
Commissioner Keller, seconded by Commissioner Wilsen, moved to approve the
Development Agreement for Arden Park per staff's recommendation. Motion
carried 5 -0
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City Commission Regular Meeting
February 19, 2013
19. Second Reading of Ordinance Regarding Land Development Code Amendment —
Engineering Standards Manual. (4dvertised in the Orlando Sentinel on Thursday, February 7, 2013).
(City Planner Rumer)
The City has implemented many procedures to help streamline development reviews and approvals. The
Engineering Standards Manual is a firm technical guideline for engineering materials' design, construction, and
layout for all improvements that shall be dedicated, owned, and or maintained by the City of Ocoee. This
manual is intended to centralize development policies and changes in requirements the City has made that is
either not referenced in the Land Development Code or is in direct conflict with the Code. This manual will
complement the Land Development Code in its direction and requirements for building facilities such as
stormwater retention, water and sewer utility installation, and paving of rights of ways and other surfaces.
City Attorney Cookson read the title of the Ordinance.
City Planner Rumer and City Engineer Wheeler briefly explained they were tasked by the
City Manager to put together a manual to centralize development policies and changes in
requirements the City has made that is either not referenced in the Land Development Code or is
in direct conflict with the Code.
Mayor Pro tem Hood said complimented staff for working together and getting this manual
completed.
Mayor Pro tem Hood opened the Public Hearing was opened; there being no one wishing to
speak, the Public Hearing was closed.
Commissioner Keller, seconded by Commissioner Wilsen moved to approve
Ordinance No. 2013 -003 on second reading, amending the Land Development
Code, and adopting the Engineering Standards Manual. Motion carried 4 -0 with
Mayor Vandergrift away from the dais.
The title of the ordinance as approved on second reading carries the following title:
ORDINANCE NO. 2013 -003
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, RELATING TO MINIMUM
STANDARDS FOR THE DESIGN AND CONSTRUCTION OF FACILITIES IN THE
CITY; ENACTING A NEW SECTION 6 -1.C. OF ARTICLE VI OF CHAPTER 180 OF
THE CODE OF ORDINANCES OF THE CITY OF OCOEE; ADOPTING AN
ENGINEERING STANDARDS MANUAL; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE.
I. REGULAR AGENDA
20. To Approve or Reject the Collective Bargaining Agreement as Ratified on February,
11, 2013, by the Police Officers Represented as Members of the Police Benevolent
Association. (Human Resources Director Williford)
The PBA Union has proceeded to a ratification of the terms of a collective bargaining agreement (by the police
officers) and a subsequent vote by the City legislative body (Commission). Since the police officers voted 24 in
favor and 4 against the ratification vote, the City Commission is required to vote to either approve or reject the
collective bargaining agreement as ratified by the members of the PBA through September 30, 2015.
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City Commission Regular Meeting
February 19, 2013
Human Resources Director Williford said they are pleased to bring a contract that has been
ratified by the PBA on February 11, 2013.
Commissioner Wilsen, seconded by Commissioner Hood, moved to approve the
Collective Bargaining Agreement as presented. Motion carried 5 -0
J. STAFF ACTION ITEMS - none
K. COMMENTS FROM COMMISSIONERS
Commissioner Keller — advised that the employee newsletter was too big for him to open. They
discussed making a PDF file instead of the publisher file format next time.
Commissioner Johnson — said that he would like to have the city manager look into the
resolution that requires a utility deposit when moving into the City. A citizen thought that they
were moving, but ended up not moving. There was a two -week gap in their utility service, but
yet they were charged a new deposit. City Manager Frank said they can bring back an
amendment to the appropriate ordinance that refers to deposits. Mayor Vandergrift said that he
believed that the policy asked for the utility department to hold the deposit for two years with an
interest rate. The mayor asked for staff to bring a report back. Commissioner Johnson inquired
about the trailer on the surplus list that has not been used. He wondered if it could not be fixed
up and used for different events. Chief McNeil answered that it could be used; it would just have
to go through the proper procedure to be made available for use. The fire department, the chief
said, has no use for the trailer at all. The trailer went to surplus and then on to Fleet. Public
Works Director Krug said they have no use for it either. The mayor suggested that the trailer be
leased to the union.
Commissioner Johnson, seconded by Commissioner Hood, moved to allow the
1997 Wells Cargo Trailer to be surplused and sold to the Firefighter's Union for
$1.00. Motion carried unanimously.
Commissioner Johnson advised that the Ocoee High School Softball would like to purchase a
banner for $265.
The firefighter's union will buy the banner for the softball team.
Commissioner Wilsen —1) Spring Fling is March 23 and applications will be on the website
soon. 2) said that as they are moving forward with the Withers Maguire House she would like for
the Building Department vehicles to move because they are an eye sore especially if they are
trying to rent the building out. She suggested they move them to the second level. Commissioner
Johnson said he would like to have the trucks parked at public works. There was discussion
between staff and the commission about what can be done about the matter. City Manager Frank
advised that without the Building Official in town he would like to wait since they are his
employees about to be moved off site. The city manager added that he will look into it. He
added that it can be done; it's just a matter of looking into how to do it. He added that if the
vehicles can be moved to public works, that will be done without further review. Commissioner
Wilsen said she is requesting for a city screen containing the symbol of the City of Ocoee for the
purpose of taking pictures by the public.
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Commissioner Wilsen, moved that a screen be purchased for the purpose of
taking photographs.
The motion died from the lack of a second.
The mayor directed staff to obtain the screen.
Commissioner Hood — reminded everyone about the Opening Day Ceremony for Ocoee Little
League. St. Patrick's Day Festival will be quite an event and will have a chili cook -off event.
Commissioner Keller inquired about the Commissioner wall. After discussion he suggested that
they start with the pictures that they have so that they can be displayed on the wall.
Mayor Vandergrift — 1) said the hand railing on the porch is showing wood and is peeling
paint, there is a 4 -inch gap in between the door and porch. Public Works Director Krug said
there is a game plan reinforcing the building. A forensic engineer has looked at the matter and
geotechnical bores will be placed. It will take about a quarter of a million dollars to do the
reinforcement. The mayor asked if rebar could be used to further attach the porch to the building.
Steve said there is a crack going down building that needs to be stabilized. The further inquired
about the chairs outside and why are they disappearing. Public Works Director Krug said they
rotted. 2) said that he would like to see a press release go out tomorrow about the meeting with
the West Orange Chamber of Commerce and Ocoee business owners.
ADJOURNMENT
The meeting was adjourned at 9:35 p.m.
Attest:
Ml-
APPROVED:
City of Ocoee
S. Scott Vandergrift, Mayor
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