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HomeMy WebLinkAbout06-04-2019 Agenda OCOEE CITYCOMMISSION Ocoee Commission Chambers 150 North Lakeshore Drive Ocoee,Florida JUNE 4,2019 AGENDA 6:15 P.M. REGULAR CITY COMMISSION MEETING CALL TO ORDER Invocation Pledge of Allegiance Roll Call and Determination of Quorum PRESENTATIONS AND PROCLAMATIONS Proclamation—Small Cities Month—June 2019 (Mayor Johnson) STAFF REPORTS AND AGENDA REVIEW COMMISSIONERS ANNOUNCEMENTS CONSENT AGENDA ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE AND WILL BE ACTED UPON BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS UNLESS DISCUSSION IS DESIRED BY A MEMBER OF THE COMMISSION,IN WHICH CASE THE MAYOR WILL INSTRUCT THE CITY CLERK TO REMOVE THAT ITEM FROM THE CONSENT AGENDA AND SUCH ITEM WILL BE CONSIDERED SEPARATELY. 1. Approval of the Minutes for the Regular City Commission Meeting held May 7, 2019. (City Clerk Sibbitt) 2. Approval to Waive the Resident Membership Requirement for New Appointment to the Human Relations Diversity Board. (City Clerk Sibbitt) The Human Relations Diversity Board was created by Resolution in 2003. The purpose of this board is to promote understanding,respect,goodwill,and equality among all citizens and businesses of the City of Ocoee. Members of the Human Relations Diversity Board serve three-year terms. Currently the Human Relations Diversity Board has nine(9)members,and their resolution allows no less than seven(7)members and no more than thirteen (13) members. One application has been received by Larry Dorsey, a City of Orlando resident, who has shown an interest in being appointed to the Human Relations Diversity Board for a term ending May 2022. Currently there is one(1)non-resident member, and the HRDB's resolution allows no more than three (3)non-residents.Mr.Dorsey has provided a personal statement for consideration in granting the non-resident waiver.Article III(B)entitled"Membership"of the HRDB Bylaws states the following: "All persons who reside in Ocoee, who own real property in Ocoee, or who are owners of businesses located in Ocoee shall be eligible for membership. The City Commission reserves the right to waive the foregoing membership qualifications when the City Commission deems it appropriate. In deciding whether to waive the basic membership requirements,the City Commission shall consider whether the applicant can provide: 1.Representation of an ethic or cultural group not present on the Board; 2.Skills or perspectives not presently available from Board members;and/or 3.Strong links to groups with a similar mission or tangible support of Board activities. The maximum number of non-residents on the Board at any time may not exceed three(3)persons,and no non- resident may be appointed to fill the fmal vacant seat. Any applicant for appointment to the Board who does not meet the general basis for membership must include a personal statement explaining the reason for seeking appointment. The statement must contain supporting evidence relevant to one or more of the three criteria for consideration in granting a waiver." Regular City Commission June 4, 2019 3. Approval of Reappointment to the Code Enforcement Board. (City Clerk Sibbitt) The Code Enforcement Board was created by Ordinance No. 741 on June 16, 1981. The purpose of this board is to review infractions of the City technical Codes, negotiate compliance, and impose fines for failure to comply. The Code Enforcement Board is to have seven(7)regular members and two (2) alternate members, all with three-year terms. There are no applications currently on file. The three-year term of Member Brad Lomneck expires June 2019. Member Lomneck has expressed an interest in being considered for reappointment. In 2018 Member Lomneck attended nine(9)out of ten(10)meetings. 4. Approval of Summer Internship Program. (City Manager Frank) During the budget workshops and hearings for FY 18/19, funding was allocated for a summer internship program to be coordinated with Career Source Central Florida. Staff will identify approximately six positions throughout the city for assignment of a summer intern for seven weeks. Generally, these interns must meet eligibility requirements for household income;however,the City's participation allows for the appointment of three (3) interns outside of the income qualification guidelines. The City expects to supervise six(6)to eight (8)interns. 5. Approval of a Two-Year Warranty Surety and Maintenance, Materials, and Workmanship Agreement with K. Hovnanian Ocoee Landings LLC and Developers and Homeowners Association Agreement for Upgraded Street Lights for the Ocoee Landings Subdivision. (Development Engineer Womack) Ocoee Landings is made up of 50 detached single-family homes.The parcel is located on Silver Star Road just east of the Silver Crossing Publix Shopping Plaza between Lake Johio Drive and Johio Shores Road. The developer has completed construction of the infrastructure improvements for the subdivision and has requested a Certificate of Completion. The infrastructure improvements include the potable water, sanitary sewer, reclaimed water, utilities, the street, stormwater collection system, perimeter wall/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 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,K.Hovnanian Ocoee Landings LLC has provided the City with a Letter of Credit in the amount of 10% of the constructed improvements. The attached Maintenance,Materials,and Workmanship Agreement 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 those two years. 6. Approval to Enter into an Agreement with PredPol LLC to Provide Predictive Crime Analytics to the Police Department. (Police Chief Brown) The City of Ocoee Police Department desires to enter into an agreement with PredPol to provide predictive crime analytics to the Police Department. PredPol service provides patrol officers with a predictive analysis of when and where crimes are likely to occur using historical statistics and staff directed missions. The predictions are shown on maps as boxes that officers are instructed to patrol when not responding to calls for service or performing other duties to decrease the impact of crime on that particular community. The Department has approved budget funding for equipment maintenance contracts, in which savings has been realized, that will fund this project without any additional impact to the current budget. 7. Approval to Award ITB #19-006 Downtown Lift Station #66 Construction Project. (Purchasing Agent Tolbert) In conformance with the policies and procedures of the City of Ocoee(City),bids were solicited from qualified contractors to construct the Downtown Lift Station#66 Construction Project. All work for the project shall be constructed in accordance with the drawings and specifications prepared by the City of Ocoee Utilities Department. Bids include all items necessary for the furnishing, delivering, and installing of all materials, equipment, incidentals, and services, including all labor for the work, which is generally described as the following: Lift Station#66 is replacing Lift Station#26 which only served City Hall.The new Downtown Lift Station #66 will serve City Hall, the planned downtown redevelopment and nearby future septic tank conversions. The construction of an 8'(foot) diameter, 5 HP Lift Station. The project shall include and is not limited to: The installation of the associated control panel, valve vault with check and plug valves, concrete decking, railing and earthwork. One receiving manhole shall be 6' (foot) in diameter. The installation of 48' (feet) of 8" (inch) diameter PVC Gravity Sewer Main; installation of 6' (feet) of 8" (inch) diameter HDPE Gravity Sewer Main; installation of 46' (feet)of 6"(inches)diameter PVC Force Main. The construction of a Wage Regular City Commission June 4,2019 one-story, approximate 280 square foot masonry concrete control building. This project also includes all restoration of any and all work associated with the disruption of the ground. All work is to be conducted in accordance with the specifications within the Bidding Documents. The bid was publicly advertised on March 17,2019,and opened on April 16,2019.A pre-bid conference was held on March 26,2019. The City received six (6) bids, ranging from$472,297.00 to $619,070.00. The bids are available in the Finance Department for review. The Utilities and Finance Departments reviewed the bids and all were considered responsive. Staff is recommending the award of the bid to L7 Construction, Inc., as the most responsive and responsible bidder. 8. Approval of Change Order No. 3 for #B18-05 Wastewater Treatment #2 Operations Building Expansion Project. (Utilities Director Smith) The Wastewater Treatment #2 Operations Building Expansion is nearing its completion. Some unforeseen conditions of the Operations Building were encountered which are unused drains found under existing tiles and an existing supply duct revealed to terminate before the connection point of the new supply duct as depicted in the plans.During construction,field changes were made to make an opening in an existing wall to increase the space and efficiency of the operator's office area. Replacement of the existing door and door frame to the operator's lab will be needed to offset repairs and to match the design of the building addition.To help ensure the building does not experience problems during adverse weather and change unforeseen/existing conditions, the contractor (Brodway Contracting) and City staff propose the following changes/additions: Extension of concrete slab at the porch at the front of the building to the stairs at the side of the building, addition of a drainage system from new concrete slab to curb, leveling of floors for new tiling after existing drains are cut and capped,additional length of supply duct installed to connect existing duct to new duct, installation of new door and door frame to replace existing, supports and framing to reinforce opening of the existing wall. Staff is recommending the approval of Change Order No. 3 to move forward the additional work needed to change unforeseen/existing conditions and help prevent possible erosion. PUBLIC HEARING 9. Greens at Forest Lake Planned Unit Development (PUD) Phase 1 & 2 Large Scale Preliminary and Final Subdivision Plan(PSP/FSP); Project No: LS-2019-002. (Advertised in the West Orange Times on Thursday, May 23, 2019) (City Planner Rumer) Greens at Forest Lake PUD is located on the north side of West Rd.,west side of S.R.429 and east of the West Orange Trail. The subject property is approximately 29.17 acres in. The property is vacant/undeveloped. The subject property is adjacent to SR 429(Western Expressway)to the east and West Road to the south.The Future Land Use designation is "Medium Density Residential" which allows up to eight(8) dwelling units per acre. The surrounding future land use is "Light Industrial" except for the area of the golf course. On December 4, 2018, the City Commission reviewed and approved a Large Scale Comprehensive Plan Map amendment and rezoning. The applicant, Meritage Homes, proposes to develop the 29.17 acres as a 200-lot townhome development with a density of 6.89 dwelling units an acre. Access to the site will be via an extension of Fountains West Blvd with an additional future access on the south side of the property.The lot sizes will be 24 feet wide x107 feet deep consisting of a three(3)bedroom/two(2)bath townhome with a two-car garage.The minimum living area will be 1,500 square feet. A master stormwater system is proposed and contains over 6 acres of open space.The parcel is adjacent to the West Orange Trail which can be utilized for recreation. This development will provide residents a 0.80 acre recreation tract consisting of a pool, cabana, and playground equipment.Guests and residents will be able to utilize an additional 73 "guest"parking spaces.A 30-foot tract on the south side will be dedicated and deeded to the City in order to provide future access. Once the adjacent parcel develops,the remaining right-of-way will be dedicated for an additional access.At time of development, a 20-foot stabilized access for emergency vehicles will be in place until a road is constructed.Fountains West Blvd will be extended and will provide access for another parcel that is undeveloped and not within the City jurisdiction. The Preliminary/Final Subdivision Plan is consistent with the Greens at Forest Lake PUD/Land Use Plan, and potable water and sewer services will be provided by Orange County. The City of Ocoee will provide solid waste services,reuse water,police and fire protection. a) Large Scale Preliminary/Final Subdivision Plan b) Development Agreement (This is not a public hearing) 3IPage Regular City Commission June 4, 2019 10. Request for Variance for Ali Property - 919 Marlene Drive; Case No: VR-19-01. (Advertised in the West Orange Times on Thursday, May 23, 2019) (City Planner Rumer) The applicant,Mohamad Ali, is requesting approval for a side yard setback variance from 7.5 feet to 5 feet for a proposed attached one (1) car garage. According to the survey, the addition will be five feet away from the property to the east and will be right up to the five(5)foot drainage and utility easement located on the side of the property.The subject property is Lot 31 of the Ocoee Heights Subdivision,Plat 10.According to Subsection 4-9 A., of The Ocoee Land Development Code (LDC), the variance application/applicant must demonstrate special conditions and circumstances, which are listed in the staff report. This proposed variance request by Mohamad Ali was reviewed at a public hearing by the Planning&Zoning Commission on May 14,2019.The Planning&Zoning Commission voted 3-1 to recommend approval of the variance request. FIRST READING OF ORDINANCE 11. First Reading of Ordinance for RusTeak - 11077 Roberson Road Annexation, Small Scale Comprehensive Plan Amendment and Rezoning to Commercial; Project No(s): AX-04-19-81, CPA-2019-003, RZ-19-04-04. (Second Reading and Public Hearing scheduled for June 18, 2019, Regular Commission Meeting at 6:15 pm or soon thereafter.) (City Planner Rumer) The subject property is+/-2.88 acres and located at 11077 Roberson Road,approximately 280 feet west of the intersection of Maguire Road and Roberson Road. The parcel contains one (1) single-family residence. The subject property is considered contiguous to the City of Ocoee since it's bordered by property located within the City limits on the south and eastern boundary. The applicant has requested a City of Ocoee zoning designation of C-3 (General Commercial)upon annexation. According to the Land Development Code,the C- 3 zoning designation is intended for areas shown on the Future Land Use Map as "Commercial". The C-3 zoning designation is consistent with the proposed future land use designation of"Commercial."Because the property is part of an enclave in the City, it already benefits from Ocoee Fire Rescue services via a joint"First Responder"Agreement with Orange County.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. a) First Reading of Annexation Ordinance b) First Reading of Small Scale Comprehensive Plan Amendment c) First Reading of Rezoning Ordinance 12. First Reading of Ordinance for Homes in Partnership —340 13th Avenue Annexation and Rezoning; Project No(s): AX-08-17-68 & RZ-17-08-08. (Second Reading and Public Hearing scheduled for June 18, 2019, Regular Commission Meeting at 6:15 pm or soon thereafter.) (City Planner Rumer) The subject property is located on the south side of 13th Avenue, 130 feet west of Peters Avenue. The+/-0.17 acre parcel contains one existing Single-Family Residence. The Applicant is annexing into the City limits as a condition to receive city potable water connection. With respect to State annexation criteria, Chapter 171.044 of the Florida Statutes grants municipalities the authority to annex contiguous,compact,non-circuitous territory so long as it does not create an enclave. The subject property is considered contiguous to the City of Ocoee since it is bordered by property located within the City limits on the east. The parcel will receive an "R-1" (Low-Density Residential)zoning upon annexation.The DRC and the Planning and Zoning Commission both voted unanimously to recommend approval of this annexation and rezoning. a) First Reading of Annexation Ordinance b) First Reading of Rezoning Ordinance 41 Page Regular City Commission June 4,2019 13. First Reading of Ordinance for Homes in Partnership — 330 13th Avenue Annexation and Rezoning; Project No(s): AX-08-17-67 & RZ-17-08-07. (Second Reading and Public Hearing scheduled for June 18, 2019, Regular Commission Meeting at 6:15 pm or soon thereafter.) (City Planner Rumer) The subject property is located on the south side of 13th Avenue; 150 feet west of Peters Avenue. The parcel contains one existing Single-Family Residence. The Applicant is annexing into the City limits as a condition to receive city potable water connection. With respect to State annexation criteria, Chapter 171.044 of the Florida Statutes grants municipalities the authority to annex contiguous, compact, non-circuitous territory so long as it does not create an enclave. The subject property will be considered contiguous to the City of Ocoee once the adjacent property on the east, located at 340 13t Ave.,is annexed into the City limits.The parcel will receive an R-1 (Low-Density Residential) zoning upon annexation. The DRC and the Planning and Zoning Commission both voted unanimously to recommend approval of this annexation and rezoning. a) First Reading of Annexation Ordinance b) First Reading of Rezoning Ordinance SECOND READING OF ORDINANCE 14. Second Reading of Ordinance Amending Chapter 180, Article V of the Land Development Code(LDC)to Add Section 5-20 Establishing a Local Exemption to Allow Dogs in Designated Areas of Public Food Service Establishments and Adoption of a Resolution Amending Exhibit A Fine and Fee Schedule; Project No: LS-2018-005. (Advertised in the West Orange Times on Thursday, May 9, 2019.Continued from the May 7, 2019 City Commission Meeting due to the cancelation of the May 21, 2019 City Commission Meeting.) (Deputy Development Services Director/CRA Administrator Corless) Within the last year the West Orange Chamber of Commerce began advocating for local jurisdictions to allow dogs to accompany their owners in outdoor cafes and restaurants. The President and CEO of the West Orange Chambers, Stina D'Uva,was quoted in the West Orange Observer,dated April 11,2018,as saying,"Dogs are becoming more compatible everywhere you go."When this article went to print,the City of Winter Garden and the City of Orlando were the closest jurisdictions to have a"Dog Friendly Dining"ordinance. Since that time, Orange County and the Town of Oakland have both adopted an ordinance stating the conditions in which dogs may accompany their owners at restdurants. The proposed amendment to the City's Land Development Code adds Section 5-20 entitled, Dog Friendly Restaurants, providing the terms, conditions, requirements, and enforcement for a public food service establishment to acquire and maintain a permit to allow dogs in designated outdoor areas within the City of Ocoee. These public establishments will need to comply with the new ordinance. If the proposed amendment is adopted by the City Commission, the City Commission will consider adopting a resolution amending Exhibit A Fine and Fee Schedule to include the fines and/or penalties for Dog Friendly Restaurants. If the ordinance and resolution pass, City staff will send notifications to public food service establishments informing them about the Dog Friendly Restaurants program and the regulations a public food service establishment must follow if they elect to allow dogs to accompany their owners at their establishment;a permit will be required. REGULAR AGENDA 15. Designation of Voting Delegate — Florida League of Cities 93rd Annual Conference. (City Clerk Sibbitt) The Florida League of Cities (FLC) is holding their 93rd Annual Conference at the World Center Marriott in Orlando, Florida, on August 15-17, 2019. The FLC is requesting that the City of Ocoee's Voting Delegate is designated and received by August 9,2019. STAFF ACTION ITEMS COMMENTS FROM CITIZENS/PUBLIC COMMENTS FROM COMMISSIONERS ADJOURNMENT PLEASE NOTE:IN ACCORDANCE WITH FLORIDA STATUTES 286.0105:ANY PERSON WHO DESIRES TO APPEAL ANY DECISION AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND FOR THIS PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS BASED.ALSO,IN ACCORDANCE WITH FLORIDA STATUTE 286.26:PERSONS WITH DISABILITIES NEEDING ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT THE OFFICE OF THE CITY CLERK,150 N.LAKESHORE DRIVE,OCOEE,FL 34761,(407)905-3105 48 HOURS IN ADVANCE OF THE MEETING. 5IPage