01-21-14Minutes
January 21, 2014, at 7:15 P.M.
REGULAR CITY COMMISSION MEETING
A. CALL TO OR
Mayor Vandergrift called the regular session to order at 7:15 p.m. in the Commission
Chambers of City Hall. Mayor Vandergrift gave the invocation, followed by the Pledge of
Allegiance to the Flag, led by Commissioner Johnson. City Clerk Eikenberry called roll and
declared a quorum present.
Roll Call: Commissioner Grogan, Commissioner Wilsen, Mayor Vandergrift, Commissioner
Johnson, and Commissioner Keller.
Also Present: City Attorney Cookson, City Manager Frank, City Clerk Eikenberry
FB. PRESENTATIONS AND PROCLAMATIONS
Presentation for 2013 Ocoee Tennis Players of the Year
Jack Vinson recognized and presented awards to Malik Freeman as the 2013 Male Ocoee
Tennis Player of the Year and Ainiena HOUsten as 2013 Female Ocoee Tennis Player of the
Year.
Proclamations — Black History Month - February 2014
Mayor Vandergrift proclaimed February 2014 as Black History Month.
Proclamations - Crossing Guard Appreciation Week - February 7th — 14
Mayor Vandergrift proclaimed February 7`' -14 as Crossing Guard Appreciation Week.
Commissioner Johnson and Ocoee Police Lt. Bryant briefly recognized Boy Scout Mason
Heath for his outstanding service in helping a citizen who had fallen at the Founder's Lay Event.
A brief introduction of Boy Scout Troop 4922 United Methodist Church was done after the
recognition of Mason.
C. COMM FROM CIT IZEN SI PUBLIC - None
D STAFF REPORTS AND AGENDA REVIEW N one
E. COMMISSIONERS ANNOUNCEMENTS -
Commissioner Grogan - None
Commissioner Wilsen -- commented that she noticed there are some reappointments on the
consent agenda and she wanted to advise that applications are still accepted for boards even if
there are no openings at this time.
Commissioner Johnson - None
Commissioner Keller - None
Mayor Vandergrift — None
Regular City Commission
January 21, 2014
I F. CONSENT AGENDA
Commissioner Keller, seconded by Commissioner Grogan, moved to approve the
Consent Agenda Items #1 through #5. After a brief discussion regarding Advisory
Boards, the Motion carried 5 -0.
1. Approval of Minutes for the Regular Commission Meeting Held January 7, 2014. (City
Clerk Eikenberry)
Approved on Consent. Motion carried 5 -0.
2. Appointment to the Citizen Advisory Council for Ocoee Police Department. (City Clerk
Eikenberry)
Members of the Citizen Advisory Council for Ocoee Police Department serve three -year terms. The Resolution
creating the Board allows no more than fifteen (15) members. The board currently has seven ('7) members. One
application was recently submitted by Ms. Amy Clark; therefore staff recommends the City Commission
consider appointing Amy Clark to the Citizen Advisory Council for Ocoee Police Department with a term
ending January 1,20IT
Approved on Consent. Motion carried 5 -0.
3. Reappointments to the Planning and Zoning Commission. (City Clerk Eikenberry)
On February 9, 1999, Ordinance No. 99 -09, was adopted requiring nine (9) members that must be City residents
for the Planning and Zoning Commission. Members of the Planning and Zoning Commission serve three -year
terms. Currently, the Planning and Zoning Commission consists of nine (9) members.
The three -year terms of Members Bradley Campbell, Robert McKey, Teska Dillard and Milton West will end
February 2014. All four (4) members have indicated they are willing to serve another three -year term, if
reappointed. In 2013, Member Campbell has attended 6 of 7 meetings; Member McKey has attended 7 of 7
meetings; Member Dillard has attended 4 of 7 meetings; and Member West has attended 7 of 7 meetings.
Approved on Consent. Motion carried 5 -0.
4. Approval of Bluford Avenue Drainage Project Purchase Agreement — Kalsi Property.
(Public Works Director Krug)
The City Commission approved the acquisition of right of way required for the Bluford Avenue Stormwater
Project at the November 19, 2013, meeting, authorizing the Attorney to make the statutorily required pre -
condemnation offer letters at the appraised values and then proceed to eminent domain. Mr. Jasbir Kalsi,
Parcels 102 & 702, has agreed to accept the appraised values for both parcels totaling $17,160.00.
Public Works recommends the Commission approve the Purchase Agreement in order to begin the property
acquisition phase of the project. This is the first of five acquisitions required for the project. The property
acquisition is adequately funded in the project budget.
Approved on Consent. Motion carried 5 -0.
5. Approval of Wendy's at Ocoee Plat. (City Engineer Wheeler)
The Wendy's at Ocoee single lot project is located on the south side of West Colonial Drive (SR 50) and
between the Wal -Mart commercial complex and the Ocoee Commerce Center. The project is approximately
1.0762 acres in size. Wendy's of N.E. Florida, Inc. purchased both parcels fi Bank Atlantic, who had
planned to build a bank on the property prior to the economic recession. Both parcels were approximately one -
half acre in size and undersized to develop according to the Land Development Code. Although one -half of the
property was originally included in the Wal -Mart at Ocoee commercial complex and the stormwater runoff will
drain into the Ocoee Commercial Center stormwater pond, Wendy's at Ocoee will not be a partner in either
Property Owner's Association. The project includes approximately 0.08 acres of wetlands, flood plain, and
buffers.
Approved on Consent. Motion carried 5 -0.
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Regular City Commission
January 21, 2014
G. FIRST READ OF ORDIN - PU HEARIN
6. Land Development Code Amendment - Amendment to Include Bars and Cocktail
Lounges as a Permitted Use. (Advertised in the Orlando Sentinel on Thursday, January 9, 2014. Second
Reading and Public Hearing scheduled for February 4, 2014, Regular Connnission Meeting at 7:15 p.m. or
soon thereafter). (City Planner Rumer)
Bars and cocktail lounges are prohibited within the City of Ocoee unless it is associated with a restaurant
seatino a minimum of 45 people. With the establishment of the CRA Target Areas which are intended to
provide an urban development pattern to include mixed uses and multiple use buildings, staff recognized the
need to permit bars and cocktail lounges as permitted uses in certain zoning districts.
Before moving forward with introducing bars and cocktail Lounges in the City, the City Planner met with the
Mayor and Commission individually to gage interest and seek comments on an ordinance establishing bars and
cocktail lounges. Based on those meetings, staff has proposed three options for consideration to permit bars and
cocktail lounges with one option from the Planning & Zoning Board:
Option 91: Bars and Cocktail Lozenge -permitted in C -3 and TA (CRA Target Areas) zoning districts
Option 42: Liars and Cocktail Lounge — permitted by Special Exception in C-2, permitted in C-3, I -1, and TA
(CRA TargetAreas)
Option 93: Bars and Cocktail Lounge — permitted in C -2, C -3, and I -1 zoning districts
option 94 (P &Z Reconnnendation) - Special Exception in C- 2,C -3, I -1, and TA (CRA Target Areas)
Besides adding the uses to the zoning table, Section 5 -8 will have to be amended to remove bars and cocktail
lounges from the list of prohibited uses within the City.
Assistant City Attorney Drage read the title of the Ordinance.
City Planner Rumer gave a brief presentation of the item advising that this is the first reading
and public hearing for an ordinance which will seek to permit stand -alone bars and cocktail
lounges in certain zoning districts. A definition was given on bars and cocktail lounges as well as
further explanation on the intent of the ordinance.
Mayor Vandergrift opened the public hearing. As no one wished to speak, the public hearing
was closed.
7. Land Development Code Amendment — Application Submission Criteria for Denied
Projects for Rezoning /Special Exceptions. (Advertised in the Orlando Sentinel on Thursday, January
9, 2014, Second Reading and Public Hearing scheduled for February 4, 2014, Regular Commission Meeting at
7:15 1). in. or soon thereafter). (City Planner Rumer)
Article 1V and Article V of the City of Ocoee Land Development Code (LDC) regulates application submittal
requirements for Special Exceptions and Rezoning. Currently, there are no provisions limiting the time for
resubmitting all application that has been denied by the City Commission. Due to a rezoning case where an
application for rezoning was denied by the City Commission, and a subsequent re- application was submitted
four months after the denial hearing date, staff was directed by the City Commission to look into provided a
waiting period.
Upon review of the information gathered, staff has proposed three options:
Option 91: If the city commission denies an ordinance to rezone a property including to PUD or denies a
special exception for a use on a property, the city commission shall take no further action on another
application of the sauce proposal or zoning district for a period of six (6) months from the date of denial.
Option #2: If the city commission denies an ordinance to rezone d property including to PUD or denies a
special exception for a use on a property, the city commission shall take no fztrther action on another -
application of the same proposal or zoning district for a period of nine (9) wonths fi the date of denial.
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Regular City Commission
January 21, 2014
Option #3: f the city commission denies an ordinance to rezone a property to PUD or denies a special
exception for a use on a property, the city commission shall take no further action on another application of the
Sallie proposal or zoning district for a period of one (1) year from the date of denial.
Item #7 (continued)
City Planner Rumer gave a brief presentation of the item advising that this was based oft the
original denial of a rezoning to PUD for the Park Place which had the mixed use, multi- family,
and commercial. The developer for that project had reapplied several months later and then came
back before the Commission within 9 months. Mr. Rumer said this ordinance is for those types
of rezoning and special exceptions. He further explained the options.
Assistant City Attorney Drage read the title of the Ordinance.
Mayor Vandergrift opened the public hearing. As no one wished to speak, the public hearing
was closed. The Second Reading and Public Hearing is scheduled for February 4, 2014, Regular
Commission Meeting at 7:15 p.m. or soon thereafter
Commissioner Grogan inquired what the neighboring communities were doing. City Planner
Rumer shared a table showing the rezoning of a property to PUD or a special exception of the
neighboring cities. Staff is recommending a period of 9 months.
----------------------
H. REGULAR AGEND
8. City of Ocoee Signs. (CRA Administrator Wagner)
a) CRA Street Signs Design
An allocation of $20,000 was made in the 2013 -2014 CRA Budget to replace existing street signs within the
Community Redevelopment Area to improve the appearance of the corridor and feature the new City Logo.
The Public Works Department has had mock -up signs produced to show two different colors for the
backgrounds, green and blue. Staff seeks input from the Mayor and City Corrunissioners in order to select the
appropriate sign color, either for the CRA only, or for use City -wide.
CRA Administrator Wagner said he is before the Commission because as they recall the CRA
had some money allocated for some new street signs and it was mentioned that it might be a
good idea to use a different color throughout the CIZA area. Samples of the street signs were
displayed. The signs colors had a background color of green and blue; input from the
Commission on what color to use was requested. A brief discussion ensued regarding the colors
and signage around the City.
Commissioner Grogan, seconded by Commissioner Johnson, moved to approve
the blue signs for the CRA designated area.
City Manager Frank confirmed that the motion is requesting that the CRA areas are blue and
the rest of the city will have green signs. A brief discussion ensued regarding having a consist
look for the street signs.
Note: No motion was taken on the original motion. After discussion the Commission voted
as follows:
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Regular City Commission
January 21, 2014
Commissioner Grogan, seconded by Mayor Vandergrift, moved to use the blue
street signs citywide, beginning with the CRA budgeted area first and changing
out the remainder of City street signs as practical. Motion carried 5 -0.
b) Use Agreement Between City of Ocoee and Orange County
One of the 10' Ocoee Welcome signs is proposed to be placed at the Eastern City Limits on the north side of
Clarcona -Ocoee Road. Orange County has stipulated that a Use Agreement needs to be signed by the City and
County to ensure that the sign is properly installed, maintained and covered for liability purposes. The County
finnished a standardized agreement which they have previously utilized for similar cases. Our City Attorney
has reviewed this document and has recommended some possible minor modifications as indicated on the draft
of the agreement. Since staff has not discussed those revisions with the County Attorney, the City Commission
may considered approving the Orange County Agreement and further authorize staff to negotiate any changes
that are mutually agreeable, and further, authorize the Mayor and City Clerk to execute the revised agreement
when finalized.
CRA Administrator Wagner briefly explained that they have one sign that is proposed to be
placed outside of the City right-of-way at the Eastern City Limits on the north side of Clarcona-
Ocoee Road. Orange County has stipulated that a Use Agreement needs to be signed by the City
and County to ensure that the sign is properly installed, maintained and covered for liability
purposes. Our City Attorney has reviewed this document and has recommended some possible
minor modifications as indicated on the draft of the agreement. Since staff has not discussed
those revisions with the County Attorney, the City Commission may consider approving the
Orange County Agreement and further authorize staff to negotiate any changes that are mutually
agreeable, and further, authorize the Mayor and City Clerk to execute the revised agreement
when finalized.
Commissioner Wilsen, seconded by Commissioner Keller, moved to approve the
Use Agreement between the City of Ocoee and Orange County as presented but
authorize the City Attorney and staff to make minor revisions as discussed.
Motion carried 5 -0.
9. Discussion of City Fire Rescue Services (Commissioner Keller)
Commissioner Keller said that recently they received a packet from the City Manager that came
from Orange County regarding the county taking over Fire Rescue Services for the City. He
explained he was proud of our fire department and is not in favor of turning it over to the Orange
County, even if it is cheaper. He said he is bringing this issue up to see if they would like to
move forward with a workshop or they can decide tonight to not pursue this any further. Further
discussion followed among the commission regarding the transport of patients, having
community involvement and /or an election, the fire rescue assessment fee, presenting all the
information at a workshop, how it fits into the city's vision, inaccurate rumors regarding this
issue, employee residency in the city, firefighter pay, fair pay for all city employees, employees
working together, community involvement, job loss, etc. Mayor Vandergrift inquired as to
how they are going to explain the Fire Department Assessment Fee to the citizens if we have to
give it to the county. IIe also stated if we are going to bid the fire services out, we should see
what other cities could do for its. He mentioned that we have a great ISO rating with our fire
department and we need to find other ways to save money such as staff reductions. There was
further discussion about the Orange County Agreement including keeping all firefighters and fire
stations that currently exist.
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Regular City Commission
January 21, 2014
Commissioner Grogan, seconded by Commissioner Keller, made a motion to hold
a workshop to discuss the Orange County contract in more detail.
Commissioner Wilsen added that it is ironic that we just had the State of the City address
talking about what a wonderful job the fire department and the staff are doing and now we are
discussing turning them over to the county and cutting staff by starting with the directors. There
was discussion with regard to the City Manager and other employee's salaries unrelated to the
fire department issue.
Ben ,Buckner, former 25 -year firefighter, explained that the ISO rating will change because the
county's is much lower than the city's. Ile noted that insurance rates for residents and
businesses could increase based on the ISO rating. Commissioner Johnson questioned why the
rating would go down if we have the same fire stations and same number of trucks and
firefighters. Mr. Buckner said there would be no separate rating for Ocoee; we would inherit
Orange County's ISO rating. It was agreed all of that information needed to be brought to the
workshop. Commissioner Grogan noted that they firefighters have not seen the agreement yet,
so they are not clear on what is being proposed. That should be provided at the workshop as
well, and to anyone who wants to request a copy in advance. There was discussion regarding
setting a workshop date and then schedule an agenda item at a future date.
Commissioner Keller, seconded by Commissioner Grogan, amended the motion
to add date and time for the Workshop to be February 26, 2014 from 6:00 p.m. —
9:00 p.m., if the appropriate people from the County are able to attend. Motion
carried 5 -0.
It was discussed that a time limit needs to be set for the meeting and individual speakers, as well
as not allowing speakers to be redundant.
V ote:
After the discussion.
Motion carried 5 -0.
I. STAFF ACTION ITEMS
J. COMMENTS FROM COMMISSIONERS
Commissioner Grogan — advised that we are over our line item budget for Commission
traveling expenses. City Manager Frank said in order for Commissioners to attend the
upcoming scheduled conferences; they would need to transfer approximately $7500 from the
contingency fund to the travel line item.
Commissioner Grogan, s
F Commissioner Johnson, moved to transfer
%7500 from the contingency fund to the commission travel line item to cover
future conference expenses. Motion carried 4 -1, with Mayor Vandergrift opposed.
Mayor Vandergrift noted that they need to look at cutting those costs down for the future,
possibly eliminating paying for spouses to travel with the Commissioners. Commissioner
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Regular City Commission
January 21, 2014
Johnson stated that they would need to change the ordinance for the travel policy.
Commissioner Grogan also mentioned that they have been discussing the installation of a small
gazebo and memorial at the Forest Ridge (north) cemetery. Support Services Director Butler
advised the price proposal to install the 14' gazebo was a little over $21,000. The additionally
want it to be accessed from the football field area where there is parking. The only access right
now is from the neighborhood, so it would be better in the future to secure an easement and get
access from a public area. There would be additional costs for electricity and other added
features. There was discussion about doing the work in- house. Mr. Butler noted the building
itself is a kit that costs approximately $12,000 with shipping. The concrete slab foundation and
construction costs are $8800. He noted that this construction cost came from the gazebo
company; we have contractors that we can get price quotes to see if it can be done for less.
Commissioner Grogan, seconded by Commissioner Keller, moved to approve the
installation of a 14' gazebo at the Forest Ridge (north) cemetery, at a cost not -to-
exceed $22,000, to be taken from the contingency fund and having staff seek
competitive pricing for the installation before proceeding. Motion carried 5 -0.
Commissioner Wilsen — 1) announced that there is a new restaurant that opened in District 2
called Miwa Hibachi Express. It is located in the Town Shoppes of Ocoee. 2) announced there is
a handout in front of them regarding Sober Homes. As a member of the Tri League of Cities one
of the initiatives is Sober Homes and she would like for the City to consider sending a letter to
the Governor along to their representative to let them know how they feel about this issue. She
explained that Sober Homes is a situation where a person rents a. home out to individuals who
have suffered with addictions; however, they are not being regulated by anyone. There are more
issues down in south Florida with this but she believes they should look into this before it
becomes a problem for the City. Mayor Pro Tem Keller suggested this issue be placed on the
next meeting's agenda; however, it was then decided that a motion be made after City Manager
Frank explained they have already encountered some issues with this in the past and found out
they did not have any regulations that they could use. Something like this would be beneficial to
the City.
Commissioner Wilsen, seconded by Commissioner Grogan, move to have the
Mayor use the draft letter provided by the Tri League of Cities to send to the
Governor, Representative Bracey, Representative Nelson, and Senator Geraldine
Thompson regarding how we feel about the Sober Homes. Motion carried 5 -0.
3) announced there will be a plaque dedication at the Lakeshore Community Center on February
4"' at 6:00 p.m. just before their regular Commission meeting. 4) announced she is hosting a
meeting regarding Spring bake Reserve. The issue for this development was just presented at a
Planning & Zoning Commission meeting which borders her district so she would like to notice a
meeting for January 27` at 6 p.m. in the Commission Chambers. She will leave it open for
citizens to share their opinions and the Planning Department and developer will be here.
Commissioner Wilsen requested that any e -mails received by the Commission be sent to the
City Clerk so that she can forward them to her and she may contact residents prior to the
meeting. Mayor Vandergrift said without objection he would like a -mails sent to the
City Clerk so she may forward them on to Commissioner Wilsen.
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Regular City Commission
January 21, 2014
Commissioner Johnson — 1) said a few months ago he had brought up the discussion of
allowing a resident sell one of their plots back to the City so that he and his spouse could split
one lot. He thought it was consensus that it was okay; however the ordinance does not allow for
it. A brief discussion ensued.
Commissioner Johnson, seconded by Commissioner Keller, moved to have the
City Manager draft a letter to send to the resident in question regarding selling
back one lot so he may split the remaining lot he owns and to also have staff
bring back the ordinance and resolution with revisions that would allow others to
also do the same. Motion carried 5 -0.
2) inquired about the sidewalk on Floral Street. Public Works Director Krug advised they have
a design for that and they are working with the utility companies verifying right -of -ways. They
can proceed once they get everything cleared. Commissioner Johnson inquired about the
distance From the street into the yard with the sidewalk. Public Works Director Krug said he
would prefer to stake it out verses saying what the distance is. Commissioner Wilsen inquired
about the improvements on Bluford Avenue and if a timeline could be shared. Mr. Krug
advised that right now on the consent agenda the first property acquisition was approved. They
are looking at maybe two months to have all the property acquired so things can go smoothly.
City Manager Frank shared that they are looking to not condemn any of the properties but to
come to a simply purchase agreement.
Commissioner Keller 1) reminded the Mayor and Commission that they do need to set
something up for a Visioning Workshop in March or April. 2) said the Tri City Meeting with
Apopka- and Winter Garden and it was very impressive. "Phis area is one of the best areas in the
county in many aspects including schools and we need to be sure push that to help drive
economic development:.
Mayor Vandergrift — 1) said the on February 18, 2014, people are coming to Ocoee High
School to review the program that the school is undertaking by using iPads only. He suggested
that we purchase flags for along the highway as well. Public Works Director Krug said there
are 38 banners that we can put up out there; the cost would be between $8,000 - $8,800
depending on whether you go with one style or two. Commissioner Johnson asked if the school
board wants to pay for half of it. He felt we should do it for the other schools as well. The
Mayor said he would make a motion to do it for all of the schools. "There was a short discussion
on Charter Schools. Commissioner Johnson said the visitors will be in town for 30 minutes, he
doesn't think it is a good use of money.
Mayor Vandergrift made a motion to purchase flags for all the schools. Motion died for lack of
second.
ADJOURNMENT
Meeting adjourned at 9:13 p.m.
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Regular City Commission
January 21, 2014
Attest:
Beth Eikenberry, City Clerk
t
APPROVED:
City of Ocoee
S. Scott Vandergrift, Ma or
91Pa0e