03-18-14MINUTES
March 18, 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. Pastor Gary Howell gave the invocation, followed by the Pledge of
Allegiance to the Flag, led by Christian Bowers, Rinaldo Sterpetti, Sage Limon, and Kyle
Johnson of Boy Scout Troop 924. City Clerk Eikenberry called roll and declared a quorum
present.
Roll Call: Commissioner Grogan, Commissioner Wilsen, Mayor Vandergrift, Commissioner
Johnson, and Commissioner Keller.
B. PRESENTATIONS AND PROCLAMATIONS
Proclamation - Day of Remembrance — April 27, 2014
Mayor Vandergrift proclaimed April 27, 2014, as Day of Remembrance.
Proclamation — Autism Awareness Month - April 2014
Mayor Vandergrift proclaimed April 2014 as Autism Awareness Month.
Recognition of Promotion of Bill Wagner to Lieutenant
Police Chief Brown recognized and amnounced the promotion of Bill Wagner to Lieutenant.
After a brief bio of Lt. Wagner was read he was pinned by his father William Wagner.
Life Saving Award to Officer Jimmy Butler
Lt. Mike Bryant gave a brief summary of the heroic event by Officer Jimmy Butler and his
squad that helped save the life of a citizen who was in crisis. He was unable to attend the
previous commission meeting when other members of Officer Butler's squad were recognized.
Certificate of Appreciation to Pastor Gary Howell
Police Chief Brown presented Pastor Gray Howell with a certificate for his 14 years of
volunteer service as he steps down from his position as a Police Department Chaplin.
C. COMMENTS FROM CITIZENS/PUBLIC - None
D. STAFF REPORTS AND AGENDA REVIEW
Assistant City Manager Shadrix announced the following:
1) They just received verification toward the end of last week on the running of a historic
steam locomotive between Ocoee and Winter Garden during the weekend of April 5 and
6 th Florida Rail Association has been working with a vendor to provide this locomotive
service during that weekend. They just met the safety requirements to be granted the
access to run the train which CRA Administrator Wagner can explain.
CRA Administrator Wagner advised that Ocoee is one of the ten communities that are
participating in an $18 million dollar upgrade of all the Central Florida rail systems
throughout Northwest Orange County and Lake County. It was thought that the rail
would not be running until about 2 years; however, the railroad company will be
Regular City Commission
March 18, 2014
completing their project in about 6 months. He briefly explained the excursion train
between Ocoee and Winter Garden which will run during Winter Garden's Spring
Garden Festival. Tickets will be $20 (adults) and $15 (children). If interested go onto
www .Oran ,-eBlossomCannonball.com
Commissioner Wilsen shared her concern that the City of Winter Garden is having their
annual Spring Garden Festival activities; however, if a resident comes over to Ocoee
what are they going to see since there are no events scheduled. CRA Administrator
Wagner said they have talked about possible activities and have reached out to the Ocoee
Lion's Club since they own the old railroad station. The Lion's Club members are willing
to help with parking and putting up tents. He briefly explained some entertainment ideas
they came up with but that would require funding and approval by the Commission.
Commissioner Wilsen said the City is at a disadvantage because this is only two weeks
out. Further discussion ensued regarding entertainment, inviting food truck vendors, and
having a tour of Ocoee using the Parks and Recreation bus as a shuttle. During their
discussion it was recommended by Assistant City Manager Shadrix that they set a budget
not to exceed $2000 to cover for entertaimnent.
Commissioner Grogan, seconded by Commissioner Wilsen, moved to
approve an amount not to exceed $2000, including overtime for employees
to man the Parks and Recreation bus, to be taken from contingency. Motion
carried 5 -0.
Assistant City Manager Shadrix clarified that the Lakeshore Center is booked for April
5"' so they would not be able to do a tour inside of that facility, however, we could have
the bus drive by the facility.
Commissioner Wilsen commented that she is with the Tri- County Advocacy Board and
there is legislation in Tallahassee that will not allow them to make motions at the last
minute on non- emergency items such as they just did. Her understanding the emergency
items to be voted on should be restricted to health or welfare issues. She feels that as a
Commission it is important that if this goes any further that they need to notify their
legislature that this is not something they would want. Commissioner Wilsen advised
she would get more information on the house bill and senate bill and will bring it back to
the next meeting but in the meantime if anyone would like to contact their legislature and
tell them how they feel about this. Commissioner Keller reminded everyone that House
Representative Bracey's office is in the City Hall complex so it would be easy to stop in
and let his staff know how they feel about this. He also said he will be in Tallahassee
soon and he can bring it up if needed.
2) Said that this time of year they annually do appointment of Mayor Pro Tern as well as
appointments of the various volunteer boards. He asked if they would like to vote on the
Mayor Pro Tern appointment tonight and they can bring back the appointments to the
volunteer boards for the next meeting. Mayor Vandergrift inquired if both items could
be handled at the next Commission meeting since he does not feel anyone is rushing.
Both Commissioner Keller and Wilsen advised they are happy with the volunteer boards
they are currently on.
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March 18, 2014
E. COMMISSIONERS ANNOUNCEMENTS
Commissioner Keller — thanked the Fire Department for the 24 hour tag -along he was able to do
Saturday, March 15 ". He was able to see the Fire Department and the Police Department in
action on a call. He noted he is proud of the work they do.
Commissioner Johnson — 1) reminded everyone that Food Truck Festival is Friday and Movie
in the Park (free movie) is Friday, March 21 from 6:00 to 9:00 p.m. The movie shown will be
"Monsters University ". 2) Parents interested in signing their children up for the Parks and
Recreation Department's Spring Break Camp, running from March 21st through the 28th, can
still do so by calling the Parks and Recreation Department at 407 - 905 -3180 or stopping by the
Jim � Beech Recreation Center, at 1820 A.D. Mims Road. 3) The City of Ocoee Parks and
Recreation Department will be hosting its annual Rig Orange Games on Saturday, April 26th at
the Ocoee High School Football Field. Opening ceremonies will be held at 9:15 a.m. and the
games will begin at 9:30 a.m. For more information contact the Beech Recreation Center at 407-
905 -3180. 4) The Ocoee Family Aquatic Facility will open for the 2014 season on Saturday,
May 3rd starting at 11:00 a.m. Information on the pool hours and admission costs can be found
on the city's webpage www.ocoee.org or by calling the Beech Recreation Center at 407 -905-
3180.
Commissioner Wilsen — announced the City of Ocoee Parks and Recreation Department will
host its Annual Easter Eggstravaganza on Saturday, April 19 and Coloring Contest. Information
for both events can be found on the city's webpage www.ocoee.org
Commissioner Grogan — 1) Handgun Safety Class is Saturday March 29, 2014, from 8:00 a.m.
to 1:00p.m. THIS CLASS IS CURRENTLY FULL AND NOT ACCEPTING
REGISTRATIONS. 2) Inaugural Citizen's Public Safety Academy — Starts Wednesday April 16,
2014, from 6:00pm to 9:00pm. The Ocoee Police Department and Ocoee Fire Department are
proud to announce the inaugural Citizen's Public Safety Academy. This course will be held
every Wednesday evening for ten straight weeks at both the police department and at the main
fire station. The academy is taught by City of Ocoee Police Officers, Firefighters and industry
experts. The academy is funded by donations, is free to residents, and participants will be eligible
for one ride along with an officer on patrol. There will also be a graduation banquet that will take
place upon completion of the academy. For more information please contact: Ofc. Patera Scott at
(407) 905 -3160 ext. 3024 or Patera. Scott c@ocoee.org or contact Lt. Cory Bowles (Ocoee Fire) at
407 - 905 -3140 or Cbowles�ci.ocoee.fl.us 3) Thanked the joint effort by Fire Department, Police
Department, and Orange County Drug Task Unit for the recent Meth Lab bust that was safely
dismantled with no injuries on Doreen Avenue.
Commissioner Keller — announced that Noah, who raised funds last year on his birthday for the
Fire Department, will be celebrating his 6"' birthday. This year he has decided to raise money for
the Ocoee Police Explorer's Program instead of getting presents. Any donation is accepted and
he is inviting everyone out for Uno's Pizza located in Winter Garden on April 12"'. If you attend
event just advise server and a percentage of your tab is donated for his efforts.
Mayor Vandergrift — 1) thanked the Police Department and Public Works for recovering his
fishing boat. It was stolen from his yard and found across the lake. 2) briefly announced that for
the Food Trucks and Founders' Day event he would like for staff to be sure that they encourage
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March 18, 2014
vendors to make a special effort to catch their own grease when cooking because there are
several spots in the road by the lake shore. Commissioner Johnson noted that for Founder's
Day they do provide grease containers for all the vendors.
F. CONSENT AGENDA
Commissioner Wilsen, seconded by Commissioner Keller, moved to approve the
Consent Agenda Items #`i through 3. Motion carried 5 -0.
Approval of Minutes for the Regular Commission Meeting Held March 4, 2014. (City
Clerk Eikenberry)
2. Approval of Second Biosolids Disposal Agreement with MaxWest Environmental
Systems. (Utilities Director Smith)
The City Of Ocoee entered into a Biosolids Disposal Agreement with MaxWest Environmental Systems,
November 1, 2011, which had located a drier /gasification facility at the City of Sanford's South Water Resource
Center. The original agreement was for two years and expired October 31, 2013. A benefit of the agreement
was the City's right -of- a- first- refusal to later locate a drier/ gasification at Ocoee's treatment facility, which
would offset a portion or all of the City's sludge disposal cost.
For consideration is the "Second Biosolids Disposal Agreement" with a three -year term and two one -year
extensions.
Approved on Consent. Motion carried 5 -0.
3. Approval of Family Dollar Store Reciprocal Easement Agreement Between Three,
Parties Including the City of Ocoee For Joint Use of Access Easements and Stormwater'
Facilities. (City Planner Rumer)
The Small Scale Site plan for a Family Dollar located on Wurst Road was approved conditionally by staff on
March 3, 2014. The site plan calls for the utilization of city owned property that is landlocked on its south side
for stormwater retention. Staff negotiated to have the city owned property developed into a stormwater retention
facility that will contain the stormwater runoff from the Family Dollar site and hold additional capacity for
future improvements to Wurst Road at the Spring Lake Circle intersection. Also, the applicant will provide a
stormwater pipe along the eastern property line with a catch basin to be located at the driveway which will
collect some stormwater from Wurst Road.
Additionally, the plan provides for a realignment of the driveway for the existing gas station to the east to one
central access point for both sites. The applicant negotiated this based on a request fi city staff. This
modification will provide a "T" intersection at the Wurst Road and Spring Lake Circle intersection. In order to
achieve the joint stormwater facility and new access point, a reciprocal easement between three parties is
required. The first party to the agreement is the developer /property owner of the Family Dollar site. The second
party is The Panty, Inc. which owns the gas station/convenience store on the east side, and the City is the third
party.
Approved on Consent. Motion carried 5 -0.
G. PUBLIC HEARINGS
None
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Regular City Commission
March 18, 2014
H. REGULAR AGENDA
4. Request from the Rotary Club of Ocoee to Have Fees Waived for Use of the Tom Ison'
Seniors and Veterans Center for Texas Hold'em Fundraiser Event on May 9, 2014.
(Parks and Recreation Director Hayes)
The City of Ocoee, Parks and Recreation Department, has received a Facility Use Permit application from the
Rotary Club of Ocoee requesting the use of the Tom Ison Seniors & Veterans Center for a fundraising event to
take place on Friday, May 9, 2014. The Rotary Chub of Ocoee has requested to have the rental fees associated
with the use of the Tom Ison Seniors & Veterans Center be waived for this event.
The total fee associated with this permit is $721.40. In addition to these fees each renter is required to pay a
Security Deposit of $250, which is refundable if there is no damage to the facility.
In the past, the City Commission has waived the user fees for civic and community based organizations.
Parks and Recreation Director Hayes briefly explained that the Rotary Club has submitted a
Facility Use Permit application requesting the use of the Tom Ison Seniors & Veterans Center
for a fundraising event to take place on Friday, May 9, 2014. The Rotary Club of Ocoee has
requested to have the rental fees associated with the use of the Tom Ison Seniors & Veterans
Center be waived for this event. The total fee associated with this permit is $721.40.
Commissioner Grogan inquired if there is a cost to clean -up the building after the event. Parks
and Recreation Director Hayes shared that the Rotary Club is responsible for cleaning up the
center after the event and they have been very good about doing that in the past.
Mayor Vandergrift, seconded by Commissioner Grogan, moved to approve the
Request from the Rotary Club of Ocoee to Have Fees ($721.40 permit fee and
$250 security deposit) Waived for Use of the Tom Ison Seniors and Veterans
Center for Texas Hold'em Fundraiser Event on May 9, 2014. Motion carried 5 -0.
5. Arbours at Crown Point PUD. (City Planner Rumer)
a) Non - Substantial Amendment to the PUD
b) Amendment to Development Agreement
On September 17, 2013, the Arbours at Crown Point PUD was officially approved by the City Commission.
The property is generally located on the north side of West Road and west of SR 429. The Arbours at Crown
Point PUD was approved for high density residential on 17.5 acres with a plan for 192 multi - family units and
10.5 acres of land with uses consistent with commercial and light industrial uses.
A traffic Study was provided and approved by City Staff and the City's consulting transportation planning
consultant. The traffic study indicated no transportation concurrency issues. This means that the trips generated
from the 192 multi - family units and the 106,000 sq. ft. of non - residential use will not make any of the road
sections within a one -mile radius fail the adopted level of service.
The traffic study did indicate operational issues with the turning movements at Fullers Cross Road and Ocoee
Apopka Road. The project will mitigate the turning movement issue by paying a proportionate share payment
for a northbound to westbound left turn and a southbound to eastbound left turn on Ocoee Apopka Road.
The proposed amendment to the PUD consists of the following:
• Changing the proposed number of units in the 17.5 acres of high density residential from 192 to
240 units;
Provide an offsetting reduction in the amount of commercial and industrial square footage
permitted to be developed in the 10.5 acres by reducing the amount of trips allotted to that parcel.
The First Amendment to the Development Agreement will reflect the change in the allocation of trips
within the PUD so the change will not increase the land use intensity within a phase without a
corresponding decrease in some other portion of the overall Planned Unit Development.
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Regular City Commission
March 18, 2014
City Planner Rumer gave a brief history of the Arbours PUD project which was approved in
August of 2013. The developer is now requesting to arnend the PUD for the trip allotment to
provide for 240 units verses the 192 units originally approved. They would also like to decrease
the commercial and industrial square footage which is a non- substantial change to the PUD
determined by the Development Review Cornmitiee. This amendment will not change any uses
on the property that requires a condition of approval; therefore, staff recommends approval of the
amendment.
Commissioner W ilsen, seconded by Commissioner Johnson, moved ff ptorovatl
of the Mon-Substantial Amen dment to the PUD and the associated amendment to
the Developer's 1 a� emen for Arbours at Cro P oint P UD. Motion carried 5 -0.
6. fountains at Tivoli Place. (City Planner Runner and City TKugianeer Wheeler)
a) Amendment to Development Agreement
b) Plat Approval
T'lie Fountains at Tivoli Place project is located between the Florida's Turnpike and Tomyn Boulevard west of
Maguire Road and adjacent to the interchange for SR 429 and the Florida's Turnpike. The total project includes
approximately 12.34 acres of land. The fast phase of the project encompasses approximately 6.32 acres of
commercial development and is located along the frontage of Tomyn Boulevard. The first phase of the project
includes the Primrose School parcel and the initial portion of the master infrastructure and the stormwater
retention pond to support the school tract. The remainder of the property is to be commercial development with
multiple buildings and lots.
The proposed amendment to the development: agreement will amend conditions of approval numbers: 30.,3 1, 33
and 40. 'The changes proposed refer to property owner maintenance responsibilities for the existing
infrastructure to include: stormwater management facilities and water and sewer lines. The proposed changes
require the owner of Lot 2 ( Primrose School) to assume maintenance responsibility until Lot 1 develops.
The City has provisions in the Land Development Code which provide sufficient cost reimbursement to the City
if maintenance is not provided per the agreement.
City Planner Rumer briefly explained the approval of the plat is a normal ptat approval;
however, to facilitate the subdivision the applicant is requesting a change to the City's condition
of approvals dealing with property maintenance (POA ownership). The proposed changes will be
to the language regarding the property owner maintenance responsibilities for the existing
infrastructure. Staff is recommending approval of the amendment.
Commissioner Johnson seconded bpp Commissioner Geller, moved for approval
of the Plat and Amendment to the Development Agreement for the Fountains at
Tivoli Place, as recommended b3L2ta_fi carried 5-0. -
7. Resolution Supporting Congressional Efforts to Adopt and Implement Reforms to the
Current Immigration Laws and Regulations. (mayor Vandergrift)
Mayor Vandergrift has provided the resolution adopted by the City of Dora], and he is requesting the City of
Ocoee join other municipalities offering support of Congressional efforts to adopt and implement reforms to the
current immigration laws and regulations.
Mayor Vandergrift briefly explained that he was contacted by the Mayor of Doral requesting
the City of Ocoee to join in support of congressional efforts to adopt and implement reforms to
the current immigration laws and regulations. If the Commission agrees then they can approve
the resolution presented tonight.
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Regular City Commission
March 18, 2014
City Attorney Cookson read the title of the resolution.
Mayor Vandergrift, seconded bl[ Commissioner liken, moved to approve
Resolution 2014 -003 Supporting Congressional Efforts to Adopt and Implement
Reforms to the Current Irnrni i t afion Laws and I ±gul ons. N otxion carried 5 -0.
The resolution, as adopted, carries the following title:
RES®IXTION NO. 2014 -003
A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE
CITY OF OCOEE, FLORIDA SUPPORTING CONGRESSIONAL EFFORTS TO
ADOPT AND IMPLEMENT REFORMS TO THE CURRENT IMMIGRATION
LAWS AND REGULATIONS; AUTHORIZING THE MAYOR TO FORWARD
A COPY OF THIS RESOLUTION TO 'FHE STATE OF FLORIDA MEMBERS
OF THE UNITED STATES H ®USE OF RE PUF,SENTATIVES AND SENATE;
AND PROVIDING FOR AN EFFECTIVE DATE.
1. ST AF F ACT ION IT
J. COMMENTS FR C O MM ISSIONERS
Commissioner Grogan — announced there were some temporary signs put up in District 1
regarding the leash laws for dogs. This was brought on due to a recent incident of pitball dogs
attacking two domestic cats. Both dogs were put down once caught by Orange County Animal
Services. Mayor Vandergrift said he would like to have staff look into putting the leash law on
the city's website since this is a City issue.
Commissioner Wilsen — briefly shared her concerns regarding the application for the Chicle fila
5K run. She advised that it states that applicants inost have an Ocoee address and she feels that
does not necessarily mean they service Ocoee residents. Her recommendation would be that they
change the wording to say something like Ocoee Non - profit. After further discussion,
Commissioner Johnson suggested Commissioner Wilsen reach out to Marls Rollins in Parks
and Recreation Department since he is in charge of that event.
Commissioner Johnson — 1) Saturday, March 29 the Elk's Lodge is asking for the fees to be
waived at the Softball fields for a charity event. They will not need the lights since they would be
done with their event before dark.
Commissioner Johnson, seconded Commissioner Geller, moved to waive the fees
for the use of the softball field by the Elk's Ltd_ e for a charity evert on Illlarch
P9 . Motion carried 5 -0.
2) commented that lie is not happy with this last minute train event and feels that this should
have been presented to the commission before tonight. He feels i1: is going to be an event that
showcases Tavares and Winter Garden; we do not have time to plan anything.
Commissioner Feller — said that several of them were up in Washington last week to meet with
the legislatures and it was a very positive meeting. He felt they were able to get some agreement
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March 18, 2014
on all sides regarding appropriations bills and possibly a budget that will help small cities.
Commissioner Johnson also shared that he is on the Small Cities Council for cities with a
population of 55,000 or less. He noted that even though these cities make up 75% of the state,
they have very little say in the state legislation and they are working on how to change that.
Commissioner Wilsen - said that every year they have events such as the Access Life event and
she was wondering what they will do if there is a rental in the community center such as a
wedding. Commissioner Grogan said that he thought they had discussion on this and it was
agreed that if there is a function in the community center then the paying customer would have
all the parking access. Parks and Recreation Director Hayes said they have considered looking
at those types of scenarios in advance so they can avoid conflicts. He briefly shared that Access
Life will actually be hosting their event the same day that they have a rental for the community
center; however, Access Life's event should be completed by 2 p.m. and the event center will
have their event starting at 5 p.m. Commissioner Wilson inquired if it will be detailed in writing
for Access Life that they have to be out by a certain time. harps and Recreation Director
Hayes advised that Access Life has completed a special event permit and when it is circulated
for review he will be sure to add that as one of the considerations for approval.
Mayor Vandergrift -- inquired when the house recently purchased by Glenda. Dunn would be
torn down for extra parking. Public Works Director Krug advised that the house has asbestos
sightings under the existing siding of the home so are having an asbestos survey done on the
house to formalize a plan with a specialist. They are about a Ynonth away in resolving this.
ADJOURNMENT
Meeting adjourned at 8:33 p.m.
APPROVED:
Attest:
City of Ocoee
Bet Eikenberry, City Clerk/
S Scott vandergrift, Mayor
. .................. _.............. .
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