03-01-2016 Minutes MINUTES
March 1,2016 at 7:15 P.M.
REGULAR CITY COMMISSION MEETING
A. CALL TO ORDER 7:15 PM
Mayor Johnson called the regular session to order at 7:15 p.m.in the Commission Chambers of
City Hall. The invocation was led by Commissioner Keller followed by the Pledge of
Allegiance to the Flag, led by Commissioner Grogan. City Clerk Eikenberry called roll and
declared a quorum present.
Roll Call: Commissioner Grogan, Commissioner Wilsen, Mayor Johnson, Commissioner de la
Portilla, Commissioner Keller.
B. PRESENTATIONS AND PROCLAMATIONS 7:18 PM
Proclamation — Healthy West Orange - March 2016, read by Mayor Johnson. Jennifer
Riesco, Tracy Swanson, and Commissioner Rosemary Wilsen from the West Orange Healthcare
District were in attendance to accept the Proclamation.
C. COMMENTS FROM CITIZENS/PUBLIC 7:21 PM
Frank Ruperto, 146 N. Clarke Road, Franks Place, sports bar in Ocoee; said for the last two
years they have been having a noise issue that they do not know how to fix. Every last Friday of
the month they host a Caribbean Night out on their patio and there is one resident who lives
about 400 feet from behind his sports bar that keeps complaining. He has received two
summonses because of the complaint. He questioned several people from the nearby nursing
home which is about 80 feet from his business and they said they cannot hear the music. Mr.
Ruperto further explained the dilemma he is experiencing with Ocoee police officers not
wanting to do extra duty hours for his business. Acting Deputy Chief McCosker was asked to
address some of the issues mentioned by Mr. Ruperto. After a lengthy discussion it was decided
that Commissioner Wilsen will try to arrange a meeting with the resident making the complaint
and Mr. Ruperto. Mayor Johnson also asked if Acting Deputy Chief McCosker could go by on
a Friday night to check on the noise.
Carlos Medina, 120 W. McKey Street, Elevation Christian Church, announced that on Easter
Sunday, March 27th they rented the Ocoee Lakeshore Center for an Easter Egg Drop that the
community will all be invited to attend. He was inquiring if the Commissioner would be willing
to waive the fees for the use of Bill Breeze Park for that same day. Parks and Recreation
Director Hayes said that for Bill Breeze Park the rental is $1250.00 for the day. The price would
be $200-$300 if the Ocoee Lakeshore Center is already rented. Pavilions are still available for
public use.
Motion: Move to waive the rental fee of Bill Breeze Park for the Elevation Christian
Church Easter Egg Drop Event.
Moved by Commissioner Grogan, seconded by Commissioner Keller; Motion
carried unanimously.
Regular City Commission
March 1,2016
D. STAFF REPORTS AND AGENDA REVIEW 7:47 PM
City Manager Frank advised that there is an Emergency Item in front of them for the
sponsorship of Best Fest which will occur on Starke Lake on April 14th.Recommendation is to
allocate $3000 out of contingency to fund a premier sponsorship.
Commissioner de la Portilla inquired if this was done last year. City Manager Frank advised
that this is the first year they are doing it in Ocoee since typically this event is held at Veranda
Park in MetroWest. The park is going to be under construction so the City thought it would be
great to host it on the lake front since this would help promote our downtown.
Motion: Move to approve allocation of $3000 out of contingency for Best Fest
Premier Sponsorship.
Moved by Commissioner Wilsen, seconded by Commissioner de la Portilla;
Motion carried unanimously.
E. COMMISSIONERS ANNOUNCEMENTS 7:49 PM
Commissioner Keller- announced the Ocoee General Election is March 15th and Early Voting
started, February 29th March 13th; there are 17 early polling locations throughout the County
which will be open from loam- 6pm. You can vote by mail as well. He further shared that
polling locations are slightly different this year so please check to see where you should be. He
advised Early Voting, Election Day Precinct. Map, and Absentee Ballot Request forms are
available in the back of the Commission Chambers.
Commissioner de la Portilla- said this past Saturday he attended the Annual Ocoee Little
League Parade which was a great well attended event. He extended a thank you to Gary Hood for
all that he does for the youth in the City of Ocoee.
eminis loner Wilse 1) announced the Healthy West Orange program; information can be
found in the West Orange Times. She further encouraged citizens to take an oath for a Healthy
West Orange. 2) announced the Spring Fling event being held on March 12th at Bill Breeze Park
from loam-3pm. Saving Young Hearts will also be doing heart screenings at this event. This is a
free educational event.
ommissioneryGrogan — said this is the 60th year anniversary of the National motto, "In God
We Trust", and he would like for City staff to research a cost for a plaque to be placed in the
chambers with that motto. Currently there are more than 600 cities and counties that have this
motto in their chambers. Commissioner de la Portilla inquired if he is asking for the City to
adopt that motto. Commissioner Grogan said it is already the National motto; he is only
requesting a plaque to be placed in our chambers with the motto. After a brief discussion it was
decided that staff would look into a cost for a plaque to bring back for consideration.
Mayor Johnson- shared that Saturday was a great day for little league and they had over 200
children playing. He further thanked City staff for the well maintained little league fields. The
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Ocoee Little League organization did a great job with the event and he believes they raised about
$10,000 in just raffle tickets.
F. CONSENT AGENDA 7:58 PM
Consent Agenda Motion
Motion: Move to adopt the Consent Agenda Items #1-#5.
Moved by Commissioner Wilsen, seconded by Commissioner Keller; Motion
carried unanimously.
1. Approval of Minutes for the Regular Commission Meeting held February 16, 2016.
(City Clerk Eikenberry)
Approved on Consent. Motion carried 5-0
2. Approval for Separate Surplus Sale of Computing, Network, and Related Equipment.
(Support Services Director Butler)
The City has completed a number of technology-based activities and has conducted continuous equipment
replacement programs that generate surplus equipment. These projects include revamping the City's
programming and broadcast equipment in City Hall and the Community Center,upgrading the performance and
reliability of the City's computer network, and replacing portions of the Police Department's computer
hardware. Computer and equipment replacement by the Support Services Department occurs on a continuing
basis, due to both the scheduled upgrading of obsolete equipment and emergency repair/replacement necessary
to maintain operations. In addition,the move to stronger electronic archiving procedures has resulted in several
large-format scanners being upgraded to units with higher throughput speeds. All of this work has created a
fairly sizable collection of obsolete and/or broken equipment that needs to be sold soon to free office space.
Although much of the equipment could be handled through the traditional public auction mechanism used for
more common surplus sales by the City, commercial markets exist for the sale of the surplus computer,
network,and audiovisual equipment that could generate higher revenues.
Approved on Consent. Motion carried 5-0
3. Approval of the Four-Year Master Lease-Purchase Agreement with American Capital
Financial Services (in partnership with BMO Harris Bank) for Various Vehicles and
Heavy Equipment Included in the FY 15/16 Budget. (Finance Director Horton)
The budget for Fiscal Year 15/16 includes the four(4)year lease-purchase of two(2)Pickup Trucks for the Fire
Dept.,one(1)Fire Pumper,one(1)Bucket Truck,two(2)Garbage Trucks,and one(1)Pickup Truck for Public
Works. A total of$280,560.00 is budgeted for payments. The Finance Department obtained interest rate
quotes from: American Capital(in partnership with BMO Harris Bank)(1.35%),BB&T(1.72%),and SunTrust
Bank(1.64%). Staff recommends that the City Commission authorize staff to piggyback the Florida Sheriff's
Association's Vehicle Contract#15-23-0904,Equipment Contract#15-13-0904,and Fire/Rescue EMS Contract
#15-11-0116 and the City of Tallahassee's Contract#2518;and approve financing terms with American Capital
Financial Services(in partnership with BMO Harris Bank),authorize the Mayor,City Clerk and Staff to execute
the Master Lease-Purchase Agreement and related documents for the amount of$1,146,860.38 at an interest
rate of 1.35%for four(4)years,with payments of$73,503.69 per quarter,to close on or before April 15,2016.
Approved on Consent. Motion carried 5-0
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4. Approval to use $10,000 from AVL Capital Outlay to Cover the Overage for Alert
Dispatch Overage in Capital Outlay. (Fire Chief Miller)
As part of the current contract with Orange County Fire Rescue to dispatch Ocoee units, it is the Ocoee Fire
Department's responsibly to maintain and upgrade the station alerting system and engine recognition (AVL).
Last year, Orange County issued a RFP and awarded it to JSC out of Jacksonville. On 8/04/15 the commission
approved$140,000 for the purchase of a Dispatch Alert System and$10,000 for AVL Dispatch for Engines and
Rescue as part of Orange County upgrade to their dispatch system. Orange County issued a RFP, and the bid
came in higher than projected. For Ocoee the bid came in at$149,652.52. Due to the higher than expected bid,
Orange County has postponed the activation of the AVL dispatch. The Fire Department would like to use the
$10,000 from the AVL Dispatch to cover the$9,652.52 overage.
Approved on Consent. Motion carried 5-0
5. Approval to Retain Fire Engine that is Scheduled to be Replaced Within the Current
Fiscal Year's Budget. (Fire Chief Miller)
Currently, the Ocoee Fire Department has three (3) frontline fire engines and one (1) fire engine in reserve (4
total).The fire department's FY 2015/2016 CIP budget reflects City Council's approval to purchase a new 2016
Pierce fire engine. This budget item is described as a "replacement" engine. The fire department is requesting
that the City retain the engine that is being replaced(Vehicle#883).Retaining the spare apparatus will allow the
fire department a better ability to keep units in service when frontline units are out of service for maintenance,
repairs, or vehicle accidents. Additionally, this reserve may play an important role in the future expansion of
fire protection in the NW area of the City(Station 38)where we currently only have a rescue unit without fire
suppression capabilities.
Approved on Consent. Motion carried 5-0
G. FIRST READING OF ORDINANCE 8:31]PM
6. First Reading of Annexation Ordinance for Passilla — 531 Ocoee Apopka Road. (Second
Reading and Public Hearing scheduled for April 5, 2016, Regular Commission Meeting at 7:15 p.m. or soon
thereafter.) (City Planner Rumer)
The subject property is a small portion of 833 Pine Street, which is located on the rear eastern portion of the
property. The proposed annexation of the+/-0.48 acres parcel of land is a logical extension of the City limits,
urban services can be provided, and the annexation meets state and local regulations. The applicant is
purchasing the property as it is adjacent;and in order to combine,he must annex into Ocoee city limits. It is not
the intent to build on property,only to combine.
City Attorney Cookson read the title of the ordinance for Passilla— 531 Ocoee Apopka Road.
The second readings and Public Hearings will be held on April 5, 2016, at 7:15 pm, or soon
thereafter.
H. SECOND READING OF ORDINANCE PUBLIC HEARING 7:58 PM
City Attorney Cookson noted that the applicant for Item #8 Second Reading of Ordinance for
Arbours at Crown Point PUD (Planned Unit Development) - Substantial Amendment to the
Approved PUD Land Use Plan, requested to continue this item to a later date. This request is
largely based on concerns that were raised by residents at the Planning and Zoning meeting.The
applicant is dealing with Orange County on traffic issues and is obtaining a new traffic study;
therefore the city staff supports their request. If they decide to continue this item they will need
to set a date certain for the hearing. Staff has advised that the Commission Chambers is available
for March 15th, which is the meeting they cancelled due to the election, or March 16th. In the past
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they have traditionally granted an applicant's request for a continuance. If there is not a motion
of continuance then they will proceed in accordance with the agenda.
Commissioner Keller inquired if they chose to have the continuance on March 16th which is the
day after the election, what would be done with the council. City Attorney Cookson advised
nothing would change until the elected officials were sworn in. Discussion ensued regarding the
swearing in of the elected officials. Commissioner Wilsen inquired what the requirements are
pursuant to the Charter to call a Special Meeting. City Attorney Cookson advised that as part of
the motion they can request to hold a special meeting on a date certain; they will not have to re-
advertise since they will announce tonight what that date is. Further discussion ensued regarding
the continuance of the public hearing. City Attorney Cookson advised if it is continued to
March 15th, it would need to be a special session and no other City Commission agenda items
would be considered that night. Commissioner de la Portilla asked the City Attorney to explain
what the Charter states as far as when an elected official is sworn in. The attorney advised that
the Charter states an elected official is sworn in at the next regularly scheduled Commission
Meeting. Further discussion ensued regarding if there would be any additional costs associated
with the Special Meeting.
Motion: Move to continue Item #8 Second Reading of Ordinance for Arbours at
Crown Point PUD (Planned Unit Development) - Substantial Amendment to the
Approved PUD Land Use Plan to a Special Meeting to be held on March 15th at
7:15p.m.
Moved by Commissioner Keller, seconded by Commissioner de la Portilla; Motion
carried unanimously.
City Attorney Cookson advised the residents in attendance that the Charter School issue will
not be discussed tonight and the City will hold on to any speaker forms they received tonight
until the March 15th Special Meeting. Commissioner Grogan added that he has received a lot of
emails and asked that residents please share their concerns with the rest of the commission and
asked residents to copy all five members of the Commission when they email.
8:18 PM-Recess
7. Second Reading of Ordinance for Daniel/Ray Property — 11700 West Colonial Drive.
(Advertised in the West Orange Times on Thursday, February 18, 2016 and Thursday, February 25, 2016.)
(City Planner Rumer)8:31 PM
The subject property is located on the south side of SR 50, approximately 860 feet east of the 429 Western
Beltway. The site is +1-6.95 acres, currently vacant and undeveloped. The location is within the City's CRA
district. The site is also located adjacent to the West 50 Commercial Subdivision. West 50 Commercial
Subdivision will facilitate for the extension of services into the subject site including an existing public roadway
(Westrun Road)for access. The applicant is requesting annexation of the subject site for the future extension of
commercial development in that area. The subject property is considered contiguous to the City of Ocoee since
it is bordered by property located within the City limits on the northern, eastern and western adjacent
boundaries. The Applicant has requested a City of Ocoee zoning designation of C-3 (General Commercial),
which is consistent with the zoning of the properties to the north,east and west. The C-3 zoning designation is
consistent with the adopted Future Land Use designation of Commercial, as shown on the City of Ocoee &
Orange County Joint Planning Area Future Land Use Map. The proposed annexation is a logical extension of
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the City limits, urban services can be provided, and the annexation meets state and local regulations. The land
use and initial zoning are also consistent and compatible with surrounding properties.
City Planner Rumer gave a brief summary of the proposed annexation and rezoning for the
Daniel/Ray Property located at 11700 West Colonial Drive. The subject property is located on
the south side of SR 50, approximately 860 feet east of the 429 Western Beltway. The applicant
is requesting annexation of the subject site for the future extension of commercial development
in that area. The subject property is considered contiguous to the City of Ocoee since it is
bordered by property located within the City limits on the northern, eastern and western adjacent
boundaries. The Applicant has requested a City of Ocoee zoning designation of C-3 (General
Commercial), which is consistent with the zoning of the properties to the north, east and west.
a) Second Reading of Annexation Ordinance
Public hearing was opened. As no wished to speak the public hearing was closed.
City Attorney Cookson read the title of the annexation ordinance.
Motion: Move to approve Annexation Ordinance No. 2016-001 for Daniel/Ray
Property — 11700 West Colonial Drive.
Moved by Commissioner Grogan, seconded by Commissioner Keller; Motion
carried unanimously.
b) Second Reading of Rezoning Ordinance
City Attorney Cookson read the title of the rezoning ordinance.
Public hearing was opened. As no wished to speak the public hearing was closed.
Motion: Move to approve Rezoning Ordinance No. 2016-002 for Daniel/Ray
Property — 11700 West Colonial Drive.
Moved by Commissioner Grogan, seconded by Commissioner Keller; Motion
carried unanimously.
8. Second Reading of Ordinance for Arbours at Crown Point PUD (Planned Unit
Development) - Substantial Amendment to the Approved PUD Land Use Plan.
(Advertised in the West Orange Times on Thursday, February 18, 2016.) (City Planner Rumer)
The subject property is located on the north side of West Road and west of SR 429. It is approximately 28.1
acres in size, and Parcel A is currently under site development for 240 multi-family dwelling units (Arbours
Apartments). The subject property is located adjacent to the West Orange Trail on the east with a 73 foot power
line easement located along the eastern property line. Pedestrian access to the West Orange Trail is being
provided on the northern property line with a vehicular crossing located on the eastern property line. The
proposed CSUSA Charter School is located on Parcel B of the Arbours at Crown Point PUD. Within the PUD,
Parcel B was reserved for 97,000 sq. ft. of commercial use. The subject site is vacant and contains 10.6 acres.
The current zoning designation on the property is PUD. The existing land use designation for the property is
"Light Industrial."
The proposed CSUSA Charter School consists of a two story 68,000 sq. ft. K-8th grade charter school. The
campus will consist of a single school building with associated recreational field and tot lot.The recreation field
will not be lighted. Stormwater retention will be located on the property. Access to the site will be provided via
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one(1)entrance located on West Road. The access will be a right-in/right-out. A secondary emergency access
will be provided on Fountain West Boulevard. A traffic stacking analysis was provided. The total traffic
generated under the amended development plan is 3,433 trips and does not exceed the maximum trips allowed
in the PUD (5,161). The proposed K-8 school use does not fail any concurrency standards. The traffic study
indicates a need to establish a dedicated U-turn lane at the intersection of West Road and Ocoee Apopka Road.
This item was continued to March 15, 2016.
9. Second Reading of Ordinance for a Temporary Moratorium on Development Orders,
Development Permits, and Building Permits in State Road 429 Study Area. (Advertised in
the Orlando Sentinel on Thursday, February 4, 2016, and the Orlando Sentinel on Sunday, February 21, 2016.)
(City Planner Rumer)8:36 PM
The City has determined a need to create a global vision for the development and redevelopment of properties
located within the City limits at or around State Road 429 (Western Beltway). City staff is in the process of
evaluating this area, called the State Road 429 Study Area or Study Area, and in the future will present to the
City Commission a proposed ordinance or ordinances to amend the City's Comprehensive Plan and land
development code affecting the permitted uses, conditional uses, prohibited uses, supplemental standards,
design standards, and other development regulations governing properties within the Study Area. During this
period of evaluation, City staff recommends a moratorium be established on the acceptance, processing, and
consideration of applications for development orders, development permits, and building permits concerning
properties located within the Study Area. The moratorium will expire on July 31, 2016, unless terminated
earlier or extended by action of the City Commission.
Assistant City Manager Shadrix briefly summarized the temporary moratorium being proposed
on development orders,development permits, and building permits in the State Road 429 Study
Area. During the term of this Moratorium City staff will be preparing new land development
code standards and design standards that will provide for site placement, capability, and traffic
operational movements that are more conforming to the vision that is laid out for the 429 Study.
City Attorney Cookson read the title of the ordinance.
Public hearing was opened. As no wished to speak the public hearing was closed.
Commissioner Grogan inquired if the CRA overlay goes over to State Road 50 and how would
this moratorium affect that. City Planner Rumer advised that within the CRA they created three
target areas that have a specific overlay. The area on State Road 50 that is in the CRA is not in
the target area. With the moratorium, once adopted, the zoning will make its own area in the 429
corridor.
Commissioner de la Portilla asked for an update on what Winter Garden has done. Assistant
City Manager Shadrix advised that they had their first reading and their second reading would
have an ordinance to be passed for the same moratorium. He further spoke about the streamline
process and incentives that will be given to targeted businesses. Commissioner de la Portilla
inquired if current projects who have already submitted an application are exempt. Assistant
City Manager Shadrix answered in the affirmative. City Planner Rumer read a list of the
projects that are in progress and exempt from this moratorium. City Attorney Cookson read the
section in the ordinance that speaks about exemptions. Commissioner de la Portilla inquired if
Winter Garden is also exempting current applicants within their ordinance. Assistant City
Manager Shadrix shared that their ordinance spoke more specifically regarding development
permits and building permits being applied for. Their area of moratoria is also much smaller than
Ocoee's.
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Motion: Move to approve Ordinance No. 2016-003 for a Temporary Moratorium on
Development Orders, Development Permits, and Building Permits in State Road
429 Study Area.
Moved by Commissioner Wilsen, seconded by Commissioner Keller; Motion
carried unanimously.
1. REGULAR AGENDA 8:45 PM
J. STAFF ACTION ITEMS 8:45 PM
K. COMMENTS FROM COMMISSIONERS 8:46 PM
Commissioner Grogan-wished his son a Happy Birthday!
Commissioner Wilsen -1) reiterated that the Spring Fling event will be on March 12th. 2) gave
kudos to the Human Relations Diversity Board for the Black History Essay Contest event and
presentation of the winners.
Commissioner de 1 41la a - reminded residents to please vote and congratulated those
candidates on the ballot and wished them well.
Commissioner Keller - 1) announced March 26th the City of Ocoee is hosting their own Easter
Egg Hunt at the Jim Beech Center. 2) reminded citizens to please go out to vote.
Mayor Johnson - asked if the Political Forum, election dates and polling locations be put on
OGTV. Support Services Director Butler advised that all that information is currently on the
website and on OGTV.
ADJOURNMENT 8:48 PM
APPROVED:
Attest: City of Ocoee
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