04-03-18 Minutes MINUTES
APRIL 3,2018, at 6:15 P.M.
REGULAR CITY COMMISSION MEETING
CALL TO ORDER- 6:15 PM
Mayor Johnson called the regular session to order at 6:15 p.m. in the Commission Chambers of
City Hall. The invocation was led by Commissioner Wilsen followed by the Pledge of
Allegiance to the Flag led by Commissioner Grogan. City Clerk Sibbitt called roll and
declared a quorum present.
Present: Commissioner Grogan, Commissioner Wilsen, Mayor Johnson, Commissioner
Firstner, Commissioner Oliver
PRESENTATIONS AND PROCLAMATIONS - 6:17 PM
Proclamation for Arbor Day — April 27, 2018, read by Mayor Johnson and accepted by
Parks and Recreation Director Hayes.
Presentation from Human Relations Diversity Board Member William Maxwell— This item
has been postponed and will be presented at a date to be determined.
COMMENTS FROM CITIZENS/PUBLIC - 6:20 PM
Victoria Laney, 828 Hammock Drive, shared her findings on three products with regards to
sandbags and an efficient quick way to fill them, which she discovered during her visit at a
National Hurricane Conference she attended. She further provided the product flyers to the City
Commission for their review and possible consideration.
Steve Sandvik, 1311 Vickers Lake Drive, informed the City Commission on a recent
neighborhood disturbance (house party) in which he had to contact the Police Department and
felt was not handled well by them. He explained this was not the first occurrence with this
resident in which he has had to contact the Police Department and is seeking a resolution as
typically his neighborhood is a quiet place. Police Chief Brown shared that they did review the
situation, and they did speak with the officers who responded; and further, stated citations were
issued on both occurrences.
Charles Hooper, 1314 Vickers Lake Drive, also shared his experience with the same house party
disturbance which he also explained was out of control and why he labeled it a riot on his
speaker form. Further discussion ensued on if this would be considered a special event and on
the issuance of citations. Mayor Johnson informed both Mr. Sandvik and Mr. Hooper that he
will have Police Chief Brown get their information so he can discuss a resolution with the City
Manager.
Regular City Commission
April 3,2018
STAFF REPORTS AND AGENDA REVIEW- 6:42 PM
City Manager Frank announced that he anticipated having the appraisal this evening for Item
#16, but it was not received. Therefore, he is asking if they would like to consider that item this
evening or table until the April 17th Regular City Commission Meeting.
Motion: Move to table Item #16 Discussion of an Unsolicited Offer from Beazer
Homes to Purchase 8.5 Acres of City-Owned Property Near the Intersection of AD
Mims Road and Clarke Road for $960,000, until the April 17th Regular City
Commission Meeting; Moved by Commissioner Wilsen, seconded by
Commissioner Grogan; Motion carried unanimously.
City Manager Frank further asked the City Attorney to update the City Commission on the
Settlement Agreement with Ocoee Corners, LLC whereby the City would release all liens,
including the City's demolition lien, on the Colony Plaza property. This release of lien is to
occur tomorrow as approved at the last City Commission Meeting. City Attorney Cookson
advised that he has spoken with the attorney for the developer, and they have assured him that
they will wire the payment of the $1.1 million to them by tomorrow. What he is proposing this
evening is to have the City Commission approve the Mayor signing the release of the liens this
evening, which he will hold in escrow until the payment is received.
Motion: Move to approve the Mayor signing the release of Colony Plaza
Demolition Lien and other Liens, which will be held in escrow by the City
Attorney, until payment of the release amount is received on April 4, 2018; Moved
by Commissioner Grogan, seconded by Commissioner Firstner; Motion carried
unanimously.
COMMISSIONERS ANNOUNCEMENTS - 6:45 PM
Commissioner Grogan—None
Commissioner Wilsen-None
Commissioner Firstner-None
Commissioner Oliver — Said he is pleased to announce the planning phase of the 1st Annual
#OneOcoee 5K Run. The purpose for this run is to create a paid internship for high school aged
children in the community and also for some enrichment programs/scholarships for children of
elementary/middle school ages. Dates and other information on this programming will be
forthcoming.
Mayor Johnson — Announced the Citizen Advisory Council for the Ocoee Fire Department
currently has seven (7) vacancies and is in need of board volunteers. This Board meets quarterly
on the second Thursday of the month at 7 pm. If interested in being appointed to this board,
please visit the City's website to download the application for submittal or contact the City
Clerk's Department for more information.
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CONSENT AGENDA - 6:46 PM
Consent Agenda Motion
Motion: Move to adopt the Consent Agenda Items #1 - #12.
Moved by Commissioner Firstner, seconded by Commissioner Grogan; Motion
carried 5-0.
1 Approval of the Minutes for the Regular City Commission Meetings held March 6,
2018 and March 20,2018. (City Clerk Sibbitt)
Approved on Consent. Motion carried 5-0.
2. Approval of Reappointment of Two Current Members on the Human Relations
Diversity Board. (City Clerk Sibbitt)
Upon the adoption of Resolution No. 2013-007, Members of the Human Relations Diversity Board will serve
three-year terms. The Resolution provides that the Human Relations Diversity Board membership shall consist
of thirteen (13) members. There are currently no other applications on file. The terms of Members Kathleen
Crown and Paul Hershaw will expire in May 2018. Both members have indicated an interest in being
considered for reappointment for another term ending May 2021. In 2017 Members Crown and Hershaw
attended nine(9)out of ten(10)meetings
Approved on Consent. Motion carried 5-0.
3. Approval of New Appointment to the Citizen Advisory Council for Ocoee Fire
Department. (City Clerk Sibbitt)
Members of the Citizen Advisory Council for Ocoee Fire Department serve three-year terms. The Resolution
creating the Board allows no more than fifteen(15)members. The Board currently has five(5)members. One
application has been received to serve on the Board from Penny Christian.
Approved on Consent. Motion carried 5-0.
4. Approval of Year End Budget Adjustments for Fiscal Year 2017. (Assistant City
Manager Shadrix)
Annually, the City is required to reconcile its budget at the close of each year. Expenses for a general fund
program exceeded the budgeted amount for Fiscal Year 2017 by $10,576.71. The overage was due to higher
than anticipated paid-time-off buyouts.
Approved on Consent. Motion carried 5-0.
5. Approval of First Amendment to Contract with Retail Strategies, LLC for Retail
Marketing and Planning for the Economic Development and Master Planning
Program. (City Planner Ruiner)
Retail Strategies has provided marketing and planning strategies to attract retail and restaurant users in the City
for the past three years. Retail Strategies, LLC is a company that specializes in working inside the retail
industry to leverage relationships and promote efforts of the City. Retail Strategies has helped the City with
client meetings and first introductions at the ICSC Conferences in Las Vegas and Orlando. Retail Strategies
also presented a session during the last National League of Cities/Small Cities Council meeting in Ocoee. The
contract for services with Retail Strategies was approved for three(3)years with an option for a fourth(4)year
at the same rate.City Staff wishes to continue working with Retail Strategies to help implement the economic
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development projects that are coming online such as the Downtown, SR 429, Colony Plaza site, and City
Center West Orange. Retail Strategies provides us the direct link to the decision makers that will be called on
as buildings begin to go up and more demand is created.
Approved on Consent. Motion carried 5-0.
6. Approval of Ocoee Business Park Phase 2, Building 100, Final Large Scale Site Plan,
Project No. LS-2017-015. (City Planner Rumer)
The subject property is zoned I-1 (Light Industrial) and is located on the west side of Maguire Road, south of
Franklin Street. The subject site is approximately 13.06 acres in size and currently undeveloped. The proposed
Building 100 Large Scale Final Site Plan consists of 105,663 sq. ft. Light Industrial/Flex Office Building. This
is an increase from the original approval which proposed 96,770 sq. ft. Access will be via two entrance points
on Maguire Road. A separate off-site roadway plan will provide the necessary turn lanes and deceleration
lanes to enter the site. The site will contain two stormwater retention ponds. Water and sewer lines will be
connected to existing lines on Maguire Road and run through the property. Parking spaces in the amount of
135 with five (5) handicapped are provided. Adequate truck parking and circulation is being provided in the
rear,which is adjacent to an existing industrial building.
Approved on Consent. Motion carried 5-0.
7. Approval of Ocoee Business Park Phase 2, Building 200, Final Large Scale Site Plan,
Project No. LS-2017-016. (City Planner Rumer)
The subject property is zoned I-1 (Light Industrial) and is located on the west side of Maguire Road, south of
Franklin Street. The subject site is approximately 10.86 acres in size and currently undeveloped. The proposed
Building 200 Large Scale Final Site Plan consists of a 144,000 sq. ft. Light Industrial/Flex Office Building
with bay doors facing the new Sunbelt Rental site. Access will be via an extension of Ocoee Crown Point
Parkway. Once Building 300 is developed,there will be an internal drive isle connecting the site to the access
points provided by Building 100. The site will contain two stormwater retention ponds. Water and sewer lines
will be connected to existing lines located on Ocoee Crown Point Parkway. Parking spaces in the amount of
242 with five (5) handicapped are provided. Adequate truck parking and circulation is being provided in the
rear,which is adjacent to Sunbelt Rental.
Approved on Consent. Motion carried 5-0.
8. Approval of Daniel/Ray Subdivision Plat. (Development Engineer Womack)
The subject properties are located at the east end of Westrun Road. The lots are identified as Parcel Numbers
30-22-28-0000-00-074, 30-22-28-0000-00-002 and 30-22-28-0000-00-035. The total area of the parcels
amounts to 6.957 acres. The developers intend to develop the nearly seven-acre site as a commercial
subdivision with three leasable or sellable lots. The lots created from this plat will be sized 0.624 acres, 0.744
acres and 1.129 acres, respectively. This plat is required in order to create the lots for the commercial
subdivision and reflect the improvements to be constructed as part of the Daniels Veterinary Services
development on Lot 1. This plat includes a right-of-way dedication for a short extension of Westrun Road.The
plat includes easements for an 8" water main extension, a stormwater retention pond, and easements for other
public utilities. The Daniel/Ray Subdivision development is platting prior to receiving a Certificate of
Completion; therefore, the developer is required to provide a surety covering the proposed improvements as
approved in the Daniels Veterinary Services Small Scale Preliminary/Final Site Plan. The surety, in the form
of a bond,will be provided prior to recording of the plat.
Approved on Consent. Motion carried 5-0.
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9. Approval of a Two-Year Warranty Surety and Maintenance, Materials, and
Workmanship Escrow Agreement with Building Hope Lakewood Avenue LLC, for
Innovation Montessori School. (Development Engineer Womack)
The Innovation Montessori School is a tuition-free public charter school located at 1644 N. Lakewood
Avenue. The overall parcel is 17.6 acres in size, of which 12 acres have been used for the construction of three
buildings with associated playgrounds, stormwater management areas, parking, and public road access. The
three buildings consist of an 8,000SF one story Pre-School/Kindergarten Building, a 4,000SF one story Multi-
Function Building, and a 39,000 two-story Classroom Building housing Grades one(1)through eight(8). The
Innovation Montessori School has an 800 student capacity. The developer has completed construction of the
infrastructure improvements for the Innovation Montessori School and has requested a Certificate of
Completion for this phase. The infrastructure improvements include the onsite water and sanitary sewer
systems, a new public lift station, a new 2,300-foot extension of an 8" sanitary force main,road widening and
turn lane additions to Lakewood Ave., the associated stormwater collection system, the perimeter fencing and
associated landscaping. All identified punch list repairs have been completed, and the developer is ready to
start the two-year warranty period for the public infrastructure improvements. As a requirement of the Land
Development Code, the developer is required to furnish the City a Surety to cover any possible damages
discovered during the next two years should the developer not choose to make those repairs. Building Hope
Lakewood Avenue LLC has provided the City with a check in the amount of 10% of the constructed
improvements ($24,270.00). The Surety will be returned to the developer upon completion of the two-year
warranty period and the repair of any damages caused over that two-year period.
Approved on Consent. Motion carried 5-0.
10. Approval of a Two-Year Warranty Surety and Maintenance, Materials, and
Workmanship Agreement with Letter of Credit with Mattamy Orlando LLC, for the
Preserve at Crown Point Phase 2A Subdivision. (Development Engineer Womack)
The Preserve at Crown Point Phase 2A is a subdivision located on the west side of Ocoee Apopka Road and
situated along Ocoee Crown Point Parkway. The overall parcel is 57.93 acres in size, of which 12.63 acres are
identified as stormwater. The developer has completed construction of the infrastructure improvements for the
Preserve at Crown Point Phase 2A and has requested a Certificate of Completion for this phase. The
infrastructure improvements include certain roads, streets, sewer, water and reuse systems, drainage facilities
and/or other improvements under the provisions. The Preserve at Crown Point Phase 2A development also
constructed several amenities for this phase of development. The first of these amenities is a .88 acre
playground with benches, fitness equipment, and shade structures. The other major amenity that will be
provided is a walking path in the upland trail tract adjacent to Lake Apopka. This trail will connect the West
Orange Trail south of Ocoee High School and will be open to the public. All identified punch list repairs are
currently being completed, and the developer will be ready to start the two-year warranty period for the public
infrastructure improvements once the punch list items are inspected. As a requirement of the Land
Development Code, the developer is required to furnish the City a Surety to cover any possible damages
discovered during the next two years should the developer not choose to make those repairs. Mattamy Orlando
LLC has provided the City with a Letter of Credit in the amount of 10% of the constructed improvements
($82,766.82). The Maintenance, Materials, and Workmanship Agreement with Letter of Credit (Irrevocable
Stand-By Letter of Credit issued by Wells Fargo Bank)acts as the executable document between the developer
and the City. The Surety will be returned to the developer upon completion of the two-year warranty period
and the repair of any damages caused over that two-year period.
Approved on Consent. Motion carried 5-0.
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11. Approval to Donate 60 Sections of 21/z inch, 40 Sections of 1 %inch and 3 Sections of 5
inch of fire hose to the Monticello Volunteer Fire Department, Monticello, Florida.
(Fire Chief Miller)
The approved City budget has included replacing the Fire Department fire hoses that were more than 10 years
old and unserviceable. The Fire Department is requesting the Commission approve the donation of surplus
hose (60 sections of 2 '/2 inch, 40 sections of 1 3/4 inch and 3 sections of 5 inch fire hose) to the Monticello
Volunteer Fire Department. They are a small volunteer fire department in the Florida panhandle that still uses
hose which is over 25 years old.
Approved on Consent. Motion carried 5-0.
12. Approval for Use of County Solid Waste Management System. (Public Works
Director Krug)
The City has historically utilized the County solid waste management system to dispose of residential and
commercial solid waste. The interlocal agreement between the City and Orange County expired in September,
2011. On October 18, 2011, the City Commission ratified a letter of intent from the County to continue to
receive County solid waste management services under the terms of the expired interlocal agreement until a
new agreement was reached. There is currently no incentive for the City to enter into a new contract until such
time as the largest city in the county enters into a similar agreement as their larger volume of dedicated waste
tonnage would be the catalyst to further lower tipping fees. The City Commission previously authorized use of
the County solid waste management system through April 30, 2018. While we await a beneficial interlocal
agreement, Public Works seeks City Commission authorization to continue to use the County solid waste
management system to dispose of residential and commercial solid waste until a new agreement is reached or
April 30,2019.
Approved on Consent. Motion carried 5-0.
PUBLIC HEARING -None
FIRST READING OF ORDINANCES—6:47 PM
13. First Reading of Ordinance for Crawford 212 1st Street Annexation and Initial
Zoning; Project No(s): AX-10-17-65 & RZ-17-10-06. (Second Reading and Public Hearing Date
scheduled for April 17, 2018, Regular Commission Meeting at 6:15 p.m. or soon thereafter) (Planner
Jones)
The subject property at 212 1st Street is located on the southwest side of 1st Street and approximately 1,000
feet south of Silver Star Road with a total of+/- 1.20 acres. The Parcel Identification Number is 17-22-28-
0000-00-087.This property is located within the Ocoee-Orange County Joint Planning Area(JPA)and is being
considered for annexation as outlined in the JPA Agreement. City staff is concurrently requesting rezoning of
the property to R-1 (Single-Family Dwelling). Orange County has been notified of this petition in accordance
with Section 171.044(6) FS and Subsection 13-A of the City of Ocoee-Orange County Joint Planning Area
Agreement. The proposed annexation is a logical extension of 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.The owners wish to obtain water service from the City.
a) First Reading of Annexation Ordinance
b)First Reading of Rezoning Ordinance
City Attorney Cookson read the titles of the Ordinances.
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Mayor Johnson announced that this will be presented as a second reading and public hearing at
the next scheduled City Commission meeting on April 17, 2018,at 6:15 p.m. or soon thereafter.
SECOND READING OF ORDINANCE - None
REGULAR AGENDA- 6:49 PM
14. Election of Mayor Pro Tem. (City Clerk Sibbitt)
Section C-9 of the Ocoee City Charter states "The Mayor Pro Tern shall be elected from among the
Commissioners by the City Commission but shall continue to represent the district in which such
Commissioner resides. The Mayor Pro Tern shall be elected at the first City Commission meeting following
the swearing in of the candidates elected at each general city election ... and shall serve as Mayor Pro Tem
until the successor is elected." On March 20, 2007, the Commission created a policy to elect the Mayor Pro
Tern annually, even in non-election years, by rotating down through the seniority list. The following elections
have been made since 2009:
• 2009-10 Commissioner Keller
• 2010-11 Commissioner Johnson
• 2011-12 Commissioner Wilsen
• 2012-13 Commissioner Hood
• 2013-14 Commissioner Keller
• 2014-15 Commissioner Grogan
• 2015-16 Commissioner Wilsen
• 2016-17 Commissioner Firstner
Before the below motion was made, Mayor Johnson turned the gavel over to Mayor Pro Tem
Firstner.
Motion: Move to appoint Commissioner Grogan as Mayor Pro Tem; Moved by
Mayor Johnson, seconded by Commissioner Wilsen; Motion carried
unanimously.
15. Appointment of Commission Liaisons to Various Boards. (City Clerk Sibbitt)
Each year the Commission reviews the Liaisons Appointments to various boards and makes changes, if
needed. In 2017 the following appointments were made:
• Parks and Recreation Board—Commissioner Wilsen
• Citizens Advisory Board for the Police Department—Commissioner Grogan
• Citizens Advisory Board for the Fire Department—Commissioner Firstner
• Human Relations Diversity Board—Commissioner Keller
• Personnel Board—Mayor Johnson
• Tri-County League of Cities—Commissioner Wilsen
• West Orange Airport Authority—William Maxwell
• W.O.Chamber of Commerce—City Manager Frank
• Education Incentive Board—Mayor Johnson
• MetroPlan Orlando's Advisory Committee(MAC)—Commissioner Keller(Appointed on 1-16-2018)
Motion: Move to make the following Board Appointments as listed below; Moved
by Commissioner Grogan, seconded by Commissioner Wilsen; Motion carried
unanimously.
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Parks and Recreation Board—Commissioner Wilsen
Citizens Advisory Board for the Police Department- Commissioner Grogan
Citizens Advisory Board for the Fire Department- Commissioner Oliver
Human Relations Diversity Board- Mayor Johnson
Personnel Board—Commissioner Grogan
Tri-County League of Cities—Commissioner Wilsen
West Orange Airport Authority—Commissioner Oliver
W.O. Chamber of Commerce—City Manager Frank
Education Incentive Board—Mayor Johnson
MetroPlan Orlando's Municipal Advisory Committee (MAC) - Commissioner Firstner
16. Discussion of an Unsolicited Offer from Beazer Homes to Purchase 8.5 Acres of City-
Owned Property Near the Intersection of AD Minis Road and Clarke Road for
$960,000. (Assistant City Manager Shadrix)
The City acquired 12 acres of land from the Silvestri Investment Group of Florida, Inc., on December 29,
2006,at a cost of$3.5 million for the purpose of constructing a new Police Department headquarters building.
The City subsequently relocated the Police Department to another facility with the result that this property
remains undeveloped. The subject property is bordered on the south by railroad right of way,which is adjacent
to AD Mims Road, to the north and east by the Prairie Lake Reserve Subdivision, and on the west by Clarke
Road. A portion of the eastern boundary is property dedicated to the public use and owned by the City for
future road construction. The outstanding amount of the bond used to finance the purchase is approximately
$2.6 million. The Orlando Division of Beazer Homes has submitted an unsolicited offer to purchase
approximately 8.5 acres of the property for $960,000. The City would retain the 15-foot-wide strip along
Clarke Road plus 3.5 acres in the southwest corner of the property, which may have a future commercial use.
(Appraisal Forthcoming)
Motion was made under Staff Reports and Agenda Review to table this item until April 17,
2018,Regular City Commission Meeting.
STAFF ACTION ITEMS -None
COMMENTS FROM COMMISSIONERS - 6:54 PM
Commissioner Oliver — Announced that he was privileged to do a ride-along with the Police
Department; and further wanted to thank Chief Brown, Deputy Chief Plasencia, Lt. Davidson,
Sgt. Wagner, and Ofc. Hernandez for allowing him to be a part of a 6-hour shift to learn their
operations.
Commissioner Firstner — Announced the Fire Department is hosting an Open House at Station
25 located on Bluford Avenue on Saturday, April 28th from 10am-2pm. All residents are invited
as they will be providing free food, activities, and tour of the station.
Commissioner Wilsen — Announced that on May 17th the Tri-County League of Cities will be
hosting the Ethics Training in Kissimmee, Florida. She shared with Commissioner Oliver that
this would be training on Sunshine Law.
Commissioner Grogan—Announced they should have all received a letter from the Ocoee High
Athletic Director with regards to the Ocoee High School Competitive Cheerleading Squad
winning the State Championship. They were also voted 8th Top Cheer Squad in the Nation. He
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further shared that they are now seeking donations for their championship rings. Discussion
ensued on the donation that was already provided to their organization, and it was asked if
Commissioner Grogan could ask them to come to a future meeting to explain their request.
Mayor Johnson — 1) Announced on Saturday, April 14th the Innovation Montessori Charter
School is hosting an Arteco Festival from 10am—4 pm. The PTO President from the Innovation
Montessori School briefly shared information on the upcoming event. Mayor Johnson advised
the Commission that he was asked by the President of the Board of Directors for the Charter
School if the City would be willing to allow parking at the Jim Beech Center and have a City
staff member shuttle patrons over to their event. This will require the City to pay staff members
overtime.
Motion: Move to allow use of the Jim Beech Center parking lot and City staff to
shuttle patrons from the Jim Beech Center to the Innovation Montessori Charter
School event being held on April 14th from 10am-4pm; Moved by Commissioner
Grogan, seconded by Commissioner Oliver; Motion carried unanimously.
2) Announced that the day after their City Commission Meetings he holds a Live Facebook
announcement and encourages anyone to contact him if there are any comments or suggestions
they would like him to cover.
ADJOURNMENT—7:02 PM
APPROVED:
Attest: City of Ocoee
/Asitd
Melanie Sibbitt, City Clerk Rusty Joh o yor
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