02-04-14MINUTES
February 4, 2014, 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. Mayor Vandergrift gave the invocation, followed by the Pledge of
Allegiance to the Flag, led by Commissioner Wilsen and Boy Scout Alex Nachtshiem. 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
B. PRESENTATIONS AND PROCLAMATIONS
Boy Scout Alex Nachtshiem explained his upcoming Eagle Scout project, to take place on
Saturday at 9:00 a.m., on February 15, 2014, and asked for others to come out and help.
Presentation of Check to the S.T.A.R.S. of West Oranize as the Beneficiary of the Proceeds
from the Chick -fil -A 5K Run and Kids Fun Run Duriniz the Founders Day Celebration
Leader Mark Rollins along with Representatives from Chick- fil -A, including the Cow,
presented a check in the amount of $1029.00 to the S.T.A.R.S program.
C. COMMENTS FROM CITIZENS /PUBLIC - None
D. STAFF REPORTS AND AGENDA REVIEW
Lt. Bryant gave an update on the neighborhood camera program. He said the electrical issue
has been worked out, and now they are getting ready to send climbers 175 feet up the 911 towers
at public works and the police station to install cameras. They have piggy- backed off of an
Orange County contract to hire climbers from a North Carolina company. He stated preliminary
approval was also received from Health Central; and there are more meetings scheduled with
them next week. He explained how businesses can purchase cameras with this program and hook
up with our infrastructure. This will give them instant playback in the police vehicles to see
what vehicles /persons fled the scene after a crime was committed. They are looking at other
areas for camera locations. Recreational lighting is a good option. The cameras will allow live
feed that can be viewed whenever they need to.
City Clerk Eikenberry stated that the Supervisor of Elections is asking to use city facilities for
two county -wide elections this year in August and November. She said the reason they brought
it to the commission is that one of the facilities they want to use is the new Lakeshore Center.
There was discussion that in the future they will work with the Supervisor of Elections Office but
that rentals have to come first. Commissioner Keller added that this will be a good way to get
people to come and see the center.
Consensus of the Commission to allow the Orange County Supervisor of
Elections to use the Beech Center, Ison Center, and Lakeshore Center as polling
locations for the countywide elections on August 26 and November 4, 2014.
Regular City Commission
February 4, 2014
E. COMMISSIONERS ANNOUNCEMENTS
Commissioner Grogan — reminded everyone that Food Truck Festival is Friday and Movie in
the Park (free movie) is Friday, February 21, 2014. The movie this week is Marigold.
Commissioner Wilsen — stated on March 8, 2014 is the annual Spring Fling. They are still
looking for vendors who would like to educate the community.
Commissioner Johnson — None
Commissioner Keller — None
Mayor Vandergrift — None
F. CONSENT AGENDA
Commissioner Keller, seconded by Commissioner Grogan, moved to approve the
Consent Agenda Items #1 through #6. Motion carried 5 -0.
1. Approval of Minutes for the Regular Commission Meeting Held January 21, 2014. (City
Clerk Eikenberry)
Approved on Consent. Motion carried 5 -0.
2. New Appointment of Tammy Mullan 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 eight (8) members.
One application was recently submitted for appointment to the Citizen Advisory Council for Ocoee Police
Department (CACOPD); therefore staff recommends the City Commission consider appointing Tammy Mullan
to the Citizen Advisory Council for Ocoee Police Department with a term ending January 1, 2017.
Approved on Consent. Motion carried 5 -0.
3. Approval of Suntree Technologies Baffle Box — Flewelling Ave. Drainage System.
(Public Works Director Krug)
The Spring Lake drainage basin collects storm water from a large upland area along Flewelling Avenue.
Flewelling Avenue acts as the spine of the collector system bringing drainage east to Spring Lake. The existing
drainage system piping between Ridgefield Drive and the lake has deteriorated over time requiring replacement
to restore proper water flow and relieve flooding. The Stormwater Division performed a drainage study of the
occasional flooding in this area and produced an in -house designed solution that has been approved by
SJRWMD. Part of the design is providing a baffle box treatment system for the stormwater flowing from the
upland area before it enters Spring Lake. The existing drainage does not provide any stormwater treatment as it
discharges directly into the lake.
The Stormwater Division reviewed baffle box designs from several vendors, each with a proprietary design that
address a specific need in a specific situation. Following a thorough review, it was determined that Suntree
Technologies' baffle box design met the project requirements to collect debris, separate nutrients and skim oils
from the water. Public Works recommends awarding a purchase order to Suntree Technologies, Inc. for the
proprietary 9.5' wide x 15.5' long x 9.5' deep baffle box as described in the proposal for a total delivered cost
of $51,795.00. The purchase is adequately funded in the Stormwater budget.
Approved on Consent. Motion carried 5 -0.
4. Approval to Expend and/ or Grant Forfeiture Monies to Law Enforcement Related
Uses and Charities in the amount of $22,750. (Police Chief Brown)
211'a`,e
Regular City Commission
February 4, 2014
Per Florida State Statutes 932.7055 "...any local law enforcement agency that acquires at least $15,000
pursuant to the Florida Contraband Forfeiture Act within a fiscal year must expend or donate no less than fifteen
(15) percent of such proceeds for the support or operation of any drug treatment, drug abuse education, drug
prevention, crime prevention, safe neighborhood, or school resource officer program(s).
Approved on Consent. Motion carried 5 -0.
5. Approval of Resolution for a Four (4) Year Lease/Purchase Agreement with Branch
Banking and Trust Company (BB &T) for Various Heavy Equipment included in the
FY 13/14 Budget. (Purchasing Agent Tolbert)
The budget for Fiscal Year 13/14 includes the four (4) year lease - purchase of (2) Garbage Trucks, (1) Tractor,
(1) Bus, and (1) Asphalt Paving Truck ($181,095 total budgeted for payments).
The Finance Department obtained interest rate quotes from BB &T (1.39 %), SunTrust Bank (1.536 %), and
BMO Harris Bank (2 %). Staff recommends that the City Commission adopt Resolution 42014 -001 approving
financing terms with BB &T Branch Banking and Trust Company (BB &T), and authorize the Mayor, City
Clerk, and Staff to execute the Lease - Purchase Agreement Schedule No. 9909001665 -00001 and related
documents for the amount of $691,637.80 at an interest rate of 1.39% for four (4) years, with payments of
$44,380.35 per quarter, to close on or before February 7, 2014.
Approved on Consent. Motion carried 5 -0.
The resolution as adopted carries the following title:
RESOLUTION NO. 2014-001
A RESOLUTION TO APPROVE THE FOUR (4) YEAR LEASE /PURCHASE
AGREEMENT #9909001665 -00001 WITH BRANCH BANKING AND TRUST
COMPANY (BB &T) FOR THE FINANCING OF NEW EQUIPMENT AND VEHICLES
FOR $691,937.80 AT AN ANNUAL INTEREST RATE OF 1.39 %.
6. Approval of Award of RFP #14 -002 Laboratory Services for City Water & Wastewater
Facilities to Primary Firm Tri -Tech Laboratories Inc. and Secondary Firm Flowers
Chemical Laboratories Inc. (Purchasing Agent Tolbert)
In conformance with Chapter 21 (Purchasing Code) of the City Code of Ordinances, the City solicited
competitive proposals from experienced Contractors to establish a multi -year Contract for laboratory services
for City water and wastewater facilities. The City intends to award this contract to a primary and a secondary
firm. The contracts shall have an initial three (3) year period with two automatic one -year renewable
extensions, for a total of five (5) years; unless otherwise terminated by the City, in writing, at least thirty (30)
days' prior to the annual renewal date(s). The contract may include a clause authorizing price adjustments after
the initial 3 -year period.
The RFP evaluation committee meeting was held on January 8, 2014, with the Evaluation Committee
evaluating and short - listing the firms on specific evaluation criteria. The Evaluation Committee short- listed the
following firms in ranked order, and recommends contracting with the top ranked firm, Tri -Tech Laboratories
Inc. as the primary firm, and contracting with the second ranked firm, Flowers Chemical Laboratories Inc. as
the secondary firm, per the award recommendation from the Utilities Director. The City currently utilizes both
of these firms for laboratory services without a formal contract. Staff recommends that the City Commission
award the term contracts for RFP #14 -002 Laboratory Services for City Water and Wastewater Facilities to
primary firm Tri -Tech Laboratories Inc. in the amount of unit prices proposed, and secondary firm Flowers
Chemical Laboratories Inc. in the amount of unit prices proposed. There was approximately $45,000 expensed
for these services last fiscal year.
Approved on Consent. Motion carried 5 -0.
3111,t c
Regular City Commission
February 4, 2014
G. FIRST READING OF ORDINANCES
7. Ocoee Elementary School. (Second Reading and Public Hearing scheduled far February 18, 2014,
Regular Commission Meeting at 7:15 p.m. or soon thereafter). (Principal Planner Fabre)
The subject parcel is the expansion site for the existing Ocoee Elementary School. The subject property is
considered contiguous to the City of Ocoee since it bordered by property located within the City limits on the
north, west and south adjacent boundaries. City staff has requested a City of Ocoee zoning designation of "A -1"
(General Agricultural), which is consistent with the zoning of the property to the North (the existing Ocoee
Elementary School property).
a. Annexation Ordinance
b. Rezoning Ordinance
City Attorney Cookson read the title of the annexation and rezoning Ordinances. Mayor
Vandergrift announced the second reading and public hearing will be held on February 18,
2014, Regular Commission Meeting at 7:15 p.m. or soon thereafter.
8. Spring Lake Reserve. (Second Reading and Public Hearing scheduled for February 18, 2014, Regular.
Commission Meeting at 7:15 p.m. or soon thereafter). (Principal Planner Fabre)
The subject property is located on the south side of A.D. Mims Road directly across from the City's Jim Beech
Recreation Center. The subject site is approximately 43.21 acres in size of which 17.56 acres are uplands and
25.65 acres are wetlands /surface water. The Spring Lake Reserve PUD is a planned residential subdivision that
proposes a total of 99 single- family detached residential lots with a requested net density of 5.59 units per acre,
which does not exceed the underlying land use maximum density allowed. The PUD is proposed to have a neo-
traditional neighborhood design concept similar to The Villages of Wesmere.
a. Rezoning to PUD Ordinance
b. Land Use Plan
City Attorney Cookson read the title of the Ordinance. Mayor Vandergrift announced the
second reading and public hearing will be held on February 18, 2014, Regular Commission
Meeting at 7:15 p.m. or soon thereafter.
Commissioner Wilsen shared that she hosted a neighborhood meeting that she felt went very
well between some of the neighbors and the developer. She advised that there was a concern
with the fencing. City Planner Rumer explained that at the Planning and Zoning Commission
meeting the fencing that was presented was 6 -foot white vinyl PVC fence. The residents
expressed concerns at the Planning and Zoning Meeting regarding the fence, therefore at the
community meeting and the developer showed plans for a different type of fence that is a brown
PVC fence which won't show mold and is slightly malleable.
41Pagc
Regular City Commission
February 4, 2014
H. SECOND READING OF ORDINANCES - PUBLIC HEARINGS
9. 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, and
Thursday, January 23, 2014). (City Planner Rumer)
Bars and cocktail lounges are prohibited within the City of Ocoee unless it is associated with a restaurant seating 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 #1: Bars and Cocktail Lounge - permitted in C -3 and TA (CRA Target Areas) _oning districts
Option #2: Bars and Cocktail Lounge permitted by Special Exception in C -2, permitted in C -3, 1 -1, and TA (CRA
Target Areas)
Option 43: Bars and Cocktail Lounge — permitted in C -2, C -3, and 1 -1 . -oning districts
Option 94 (P&Z Recommendation) — Special Exception in C-2, C-3, 1 -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.
City Attorney Cookson read the title of the Ordinance.
Mayor Vandergrift opened the public hearing. R. P. Monacky, inquired where this type of bar
and lounge would be permitted. City Planner Rumer explained. Mayor Vandergrift closed the
public hearing.
Commissioner Wilsen inquired what staff's recommendation was. City Planner Rumer said
staff's recommendation is to permit it by Special Exception in C -2, permitted in C -3, I -1, and TA
(CRA Target areas). He further explained staff will be bringing another ordinance permitting
them in the CRA target areas, C -3 and I -1 and listing those areas. There was some discussion
about all of the options.
Commissioner Johnson, seconded by Commissioner Grogan, made a motion to
approve Ordinance 2014 -002 amending the Land Development Code and
approving staff's recommendation for Option #2: Bars and Cocktail Lounge - permitted
by Special Exception in C -2, permitted in C -3, I -1, and TA (CRA Target Areas). Motion
carried 5 -0.
The ordinance, as adopted on second reading, carries the following title:
ORDINANCE NO. 2014 -002
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA AMENDING ARTICLE V,
SECTION 5 -8 OF THE LAND DEVELOPMENT CODE RELATED TO LAND USE
AND DENSITY REGULATIONS AND AMENDING TABLE 5 -1 OF THE LAND
DEVELOPMENT CODE RELATED TO PERMITTED USE REGULATIONS TO
ALLOW BARS AND COCKTAIL LOUNGES AS A PERMITTED USE OR AS A
SPECIAL EXCEPTION IN SPECIFIC COMMERCIAL AND INDUSTRIAL ZONING
DISTRICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CODIFICATION; PROVIDING AN EFFECTIVE DATE.
5 11'a c
Regular City Commission
February 4, 2014
10. Land Development Code Amendment — Application Submission Criteria for Denied
Projects for Rezoning /Special Exceptions. (Advertised in the Orlando Sentinel on Thursday, January
9, 2014, and Thursday, January 23,'2014). (City Planner Rumer)
Article IV 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 an 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 some 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 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 same proposal or zoning district for a period of nine (9) months from the date of'denial.
Option #3: If the city conunission denies an ordinance to rezone a property to PUD or denies a special
exception for a use on a properly, the city commission shall take no fuurther action on another application of the
same proposal or zoning district for a period of one (1) year from the date of denial.
City Attorney Cookson read the title of the Ordinance.
Mayor Vandergrift opened the public hearing. As no one wished to speak the public hearing
was closed.
A brief discussion ensued regarding how the surrounding cities regulate their special exceptions
and past issues that have occurred because this criterion was not in place.
Commissioner Keller, seconded by Commissioner Grogan, made a motion to
approve Ordinance 2014 -003 amending the Land Development Code and
approving staff's recommendation with staff's Option #1: 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
same proposal or zoning district for a period of six (6) months from the date of denial. Motion
carried 5 -0.
The ordinance, as adopted on second reading, carries the following title:
ORDINANCE NO. 2014 -003
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA AMENDING ARTICLE IV
OF THE LAND DEVELOPMENT CODE RELATING TO PROCEDURES FOR
APPLICATION AND SUBMITTAL REQUIREMENTS FOR SPECIAL EXCEPTIONS
AND AMENDING ARTICLE V OF THE LAND DEVELOPMENT CODE RELATED
TO LAND USE AND DENSITY REGULATIONS FOR REZONINGS TO PROVIDE A
TIME LIMITATION FOR RESUBMITTING AN APPLICATION THAT HAS BEEN
DENIED BY THE CITY COMMISSION; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE.
6111a(,c
Regular City Commission
February 4, 2014
I. REGULAR AGENDA
11. Approval of Most Valuable Partnership Grants. (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.
Seven organizations were recommended to receive grants in varying amounts that use the total amount of
available funding. The seven applicants are: Admiral Pointe HOA; Lake Olympia Club; Rose Hill Phase 3
HOA; Rotary Club of Ocoee; Sleepy Harbour HOA; Silver Glenn HOA and Woman's Club of Ocoee.
The total amount of grant monies requested from the seven applicants is $13,182. There is $12,000 funded for
this year's MVP Grant Program. The grant money requested exceeds the funding that is available.
This item was moved up on the agenda to prior to the Consent Agenda.
Commissioner Grogan said what he read was that the grant program has exceeded its maximum
amount. There was discussion regarding groups asking for more money than they were
supposed to. There was also discussion about getting something in writing that those groups
getting scholarship money guaranteeing it will go to Ocoee residents.
Community Relations Manager Wright explained the grants applications totaled over
$13,000; however, they made a few adjustments to bring it down to the budgeted $12,000
amount.
Commissioner Wilsen, seconded by Commissioner Johnson, moved to approve
the Most Valued Partnership Grant awards per staff recommendations, in the
amount of $12,000.
Mayor Vandergrift explained what the MVP awards are for and additionally had Community
Relations Manager Wright explain the Community Grant Award Program.
J. STAFF ACTION ITEMS - none
FK. COMMENTS FROM COMMISSIONERS
Commissioner Grogan — reminded everyone that Food Truck Festival and Movie in the Park
(free movie) is Friday, February 21.
Commissioner Wilsen — announced that 1) the Black History Month Essay contest is February
27, 2014, in the Commission lobby. 2) The Women's Club is holding their annual luncheon this
year and they will be celebrating their 90` year.
Commissioner Johnson —1) inquired about the fence in the front of the Ocoee Lakeshore Center
and said he would like to do away with the fence because it is more open and welcoming without
it. He said he would like consensus from the Commission.
Support Services Director Butler explained that to prevent a fall hazard, they would need to
put an "L" shape piece of fence or something else where there is a drop in elevation. They could
consider using the leftover fence at the Veteran's Memorial since we are getting new fence to
replace the defective rusted fencing. Commissioner Wilsen said she does not mind removing
the fence it there is a way to block traffic on the road between the two parking lots. There was
7 11)a - c
Regular City Commission
February 4, 2014
discussion about removing that road completely and covering it with grass. Mr. Butler
suggested traffic cones could be used. Commissioner Keller said he would prefer removable
bollards to block traffic for all events. Consensus of the Commission was to remove
that fence in on the east side of the Lakeshore Center as long as there is fencing
or something aesthetically pleasing placed in the corner where there is a drop off.
There was discussion about when the newly acquired property will be ready to use for parking.
Public Works Director Krug said they are in the initial phases of preparing the house to be torn
down.
Commissioner Johnson (continued): 2) discussed the carpet in the front lobby area of the
Lakeshore Center and said that it was not installed properly. He would like to use the same
carpet from the banquet room in the lobby area, but the cost is approximately $7200 to do that.
Mr. Butler said it may be less than that if we get free installation from the original installer.
Commissioner Johnson wanted to make a motion for up to $7000 to change the carpet.
Support Services Director Butler said he wanted to add some other charges in.
He said there are several things that were identified.
• Two brick signs at the driveway, need re- lettering and flood lighting
• Furnishings for make -up room and dressing room at Withers Maguire House are needed.
• Pole lights on the end of each semi - circle for better lighting.
He noted that contingency money has been used for tables and chairs. He would like to get
approval from commission for $25,000 from money left over from Rogers Softball Complex
project to complete these items; he had spoken to the Finance Department with regard to left
over funds. He said they still need to work out the liquidated damages issue with the contractor;
his hope would be that they can pay back for the costs of these final items.
Commissioner Johnson, seconded by Commissioner Keller, moved to tran
$25,000 to make the necessary repairs and improvements to the Lakes
Center, to be taken from leftover funds for the Rogers Softball Complex, ei ther
from the impact fees or general fund.
Commissioner Keller — thanked staff for the plaque dedication ceremony at the Lakeshore
Center tonight. Encouraged people to go and check out the new event center. Support Services
Director Butler said there will be a supplemental sign added with today's date.
Mayor Vandergrift — advised that for those HOA's that have cameras they can post videos on
YouTube and that helps the police catch criminals.
ADJOURNMENT
Meeting adjourned at 8:20 p.m.
APPROVED:
Attest:
City of Ocoee
Be Eikenberry, City Clerk,
S. Scott Vandergrift, Mayor
811'ai�c