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Home My WebLink About01-21-2020 Agenda OCOEE CITY COMMISSION Ocoee Commission Chambers 150 North Lakeshore Drive Ocoee, Florida JANUARY 21, 2020 5:30 P.M. Christmas Parade Trophies Presentation – Ocoee Lions Club 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 Award Presentation ~ Certification of Achievement for Excellence in Financial Reporting (Finance Director Roberts) STAFF REPORTS AND AGENDA REVIEW COMMISSIONERS ANNOUNCEMENTS PUBLIC COMMENTS THE PUBLIC IS ALLOWED TO COMMENT ON ANY ITEMS THAT ARE ON THE AGENDA BUT NOT PART OF A PUBLIC HEARING. PUBLIC HEARING COMMENTS ARE TO BE HEARD DURING THAT PORTION OF THE MEETING. ANY COMMENTS YOU WOULD LIKE TO MAKE THAT ARE NOT PART OF THE AGENDA WILL BE HEARD UNDER THE CITIZENS/PUBLIC COMMENTS AT THE END OF THE MEETING. 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 City Commission Workshop & Regular City Commission Meeting January 7, 2020. (City Clerk Sibbitt) 2. Approval to Extend the Existing Contract for Traffic Signal Maintenance. (Public Works Director Krug) The City entered into a contract with Control Specialists Company (CSC) in 2009 to provide traffic signal maintenance by piggybacking off of an existing City of Maitland contract. Public Works has continued to utilize Maitland’s contract; however, there is merit for Ocoee to issue an independent traffic signal maintenance contract in order to have better control over the terms and duration. Public Works and Finance are in the process of issuing a Request For Proposal (RFP) for the signal maintenance; however, the current term of the Maitland contract has expired. Public Works is requesting Commission approval to extend the existing contract with CSC until such time as the new RFP is awarded in order to provide continuity of maintenance for the thirty (30) traffic signals for which the City is responsible. Public Works recommends approval of the extension as CSC continues to provide a proactive maintenance program with quick response for emergency situations. Regular City Commission January 21, 2020 3. Approval of Agreements with Waste Connections of Florida, Inc. (Public Works Director Krug) a) Approval of Franchise Agreement The City Commission elected to expand the Commercial and Multi-family Solid Waste Franchise with Waste Connections (WC) to include Residential Collection at the August 20, 2019 meeting. WC, the City Attorney and Public Works have completed the new franchise contract and request Commission approval. Public Works recommends approval of the contract. b) Approval of Temporary Service Agreement The City Commission elected to expand the Commercial and Multi-family Solid Waste Franchise with Waste Connections (WC) to include Residential Collection at the August 20, 2019 meeting. Public Works provided an update on the progress at the January 7, 2020 City Commission meeting stating the transition start has been pushed back due to industry wide new truck delivery delays. In order to begin implementing the transition, Public Works is requesting Commission approval to enter into a Temporary Service Agreement with WC to take over two (2) of the existing residential routes. The cost will be based on the contracted monthly cost per households on the routes per the terms and conditions of the Exclusive Franchise Agreement between City of Ocoee, Florida and Waste Connections of Florida, Inc., for the Collection of Residential and Commercial Solid Waste and Recyclable Materials. Public Works recommends approval of the Temporary Service Agreements to ensure route coverage during the transition. 4. Approval to Award ITB #20-003 Landscaping Improvements in the Medians on State Road 50 (West Colonial Drive) between State Road 429 and Good Homes Road. (Purchasing Agent Tolbert) The City of Ocoee was awarded a $775,000 grant by the Florida Department of Transportation (FDOT) in 2018 to install landscaping and irrigation in the medians on SR 50. On September 17, 2019, the CRA and City approved $615,000 to match the $775,000 grant from FDOT, resulting in an overall available capital budget of $1,390,000. The cost of the CEI (GAI) services is $83,805.40, leaving an available construction budget of $1,306,194.60. The City entered into a Joint Participation Agreement (JPA) in September 2018 with FDOT, which specifies specific processes in which the project was to be designed, reviewed by FDOT, bid, constructed and administered, including the requirement for the City to enlist the services of a construction engineering inspection (CEI) firm. In 2019, CPH, one of the City’s continuing landscape architectural consulting firms, prepared the construction documents, including the submission of a variance to allow the design desired by the City and Community Redevelopment Agency (CRA). In early November 2019, FDOT finalized their review and approved the City to move forward with bidding the project. The bid was publicly advertised on November 10, 2019, and opened on December 17, 2019. There were a total of four (4) bids received ranging from $1,283,096.98 to $1,827,069.50. The Development Services Department and Finance Department reviewed all bids received and all were considered responsive. Staff recommends awarding the bid to SSS Down To Earth OPCO, LLC as the most responsive and responsible bidder, per recommendation from Ginger Corless, Deputy Development Services Director/CRA Administrator, which includes FDOT’s review. 5. Approval of Change Order No. 1 for Phase I of the South Bluford Sewer Service Area. (Utilities Director Smith) The City is currently working with Mac4 Ventures, LLC, (Top Gun Cheer Development), to provide central sewer to the South Bluford Sewer Service Area (SBSSA). On August 6, 2019, City Commission approved Top Gun’s proposal to construct sanitary sewer and reclaimed water utilities (Utility Improvements) in Phase 1 of the SBSSA. To complete Phase 1, the City agreed to reimburse Top Gun for the Utility Improvements in the amount of $452,927.04 which is based on the total off-site construction costs minus the costs Top Gun would have incurred in the amount of $52,445.80 to have connected directly to the 16-inch force main on Columbus Street. Top Gun and the City entered into a partnership on September 11, 2019, through a contractual Letter of Understanding to move forward with the Utility Improvements. It was determined by the contract that Top Gun would be required to provide Payment and Performance Bonds. The price for such bonds were not included in the original proposal approved by the City Commission. Staff is recommending the approval of Change Order No. 1 to increase the Contract price to include the Payment and Performance Bonds. Staff also recommends that the City Manager be authorized to approve change orders for this project up to $25,000 of the contingency amount of $35,061.00. 2 | Page Regular City Commission January 21, 2020 6. Approval of Anasis Settlement Agreement. (Assistant City Manager Shadrix) The City needs to acquire Parcel 104 from Charles M. Anasis through an eminent domain Order of Taking. The final valuation of the property acquired needs to be resolved either through mediation or jury trial. The property is needed for the Downtown Master Stormwater Pond. PUBLIC HEARING - None FIRST READING OF ORDINANCE 7. Ordinances Amending Chapter 168 of the City of Ocoee Code Relating to Vehicles and Traffic. (Second Reading and Public Hearing scheduled for February 4, 2020, Regular Commission Meeting at 6:15 pm or soon thereafter.) (Police Chief Brown) a) First Reading of Ordinance Amending Article I, Sections 168-2, 168-4.1 & 168-5.1. The Ocoee Police Department proposes two ordinance changes to the City’s Code of Ordinances to address outstanding parking violations as well as making clarifications to policies regulating parking of commercial vehicles on public property. The City of Ocoee does not currently have a system in place for violators who have outstanding parking violations. Additionally, the City has experienced a steady increase in parking of commercial vehicles on public property, including numerous complaints from citizens. Article I, Sections 168- 2, 168-4.1, and 168-5.1 of Chapter 168 of the City of Ocoee Code relating to Vehicles and Traffic would be amended to address the following: Section 168.2 (Collection of Outstanding Parking Violations) Amendment would allow the Department to notify the State of Florida Department of Highway Safety and Motor Vehicle (DHSMV) of persons who have three or more outstanding parking violations. The tax collector may not issue a license plate or revalidations sticker to any applicant whose name is given to DHSMV by the Department until that person pays for the unpaid parking violations. Section 168-4.1 (Parking of Commercial Vehicles on Public Property) Would be modified to prevent any commercial vehicles from parking on any public streets and road rights-of-way, with the exception of loading purposes or otherwise permitted by the Land Development Code. In addition, the definition of a commercial vehicle has been modified. Section 168-5.1 (Immobilization of Vehicles Bearing Outstanding Parking Citations) Allows any police officer to cause the immobilization of motor vehicles based on criteria met in Section 168-5.1. b) First Reading of Ordinance Amending Article III by Creating Section 168-14, Collection of Unpaid Red Light Violation Notices or Uniform Traffic Citations. The City of Ocoee does not currently have a system in place for violators who have unpaid red light notice of violations. This amendment would allow the clerk to notify the State of Florida Department of Highway Safety and Motor Vehicle Division (DHSMV) of persons who have unpaid notice of violations. The tax collector may not issue a license plate or revalidations sticker to any applicant whose name is given to DHSMV by the Department until that person pays in full for the unpaid red light notice of violations. Currently there is approximately $71,587 in unpaid notice of violations; however, only unpaid notice of violations that occur after the passing of this ordinance will be attempted to be collected. 8. First Reading of Ordinance Amending Article V, Section 5-4 and Section 5-4.1 of the Land Development Code (LDC) for Residential Fencing. (Second Reading and Public Hearing scheduled for February 4, 2020, Regular Commission Meeting at 6:15 pm or soon thereafter.) (Zoning Manager Gajadhar) Currently, information on the City’s requirements for residential fencing is listed in both the Ocoee Land Development Code Article V, Section 5-4 Open Space Requirements of Zoning Districts, as well as Article V, Section 5-4.1 Fences. This has created some confusion with residents regarding what fencing requirements need to be met in residential areas. To present this information in a more organized fashion, Staff is proposing that all references to fencing be moved from Article V, Section 5-4 to Article V, Section 5-4.1, which specifically addresses fences. A requirement for all fences four (4) feet in height and under be no more than 50% opaque was added as well as all fences within residential areas must have up to a two (2) inch variable setback from adjacent property lines to avoid encroachment on neighboring properties. 3 | Page Regular City Commission January 21, 2020 SECOND READING OF ORDINANCE – PUBLIC HEARING 9. Second Reading of Ordinance for Comfort Inn/Mainstay Suites - 11401 W. Colonial Drive & 945 Marshall Farms Road, Annexations and Rezonings; Project No(s): AX-11- 19-85, RZ-19-11-13. (Advertised in the West Orange Times on Thursday, January 9, 2020 and Thursday, January 16, 2020.) (Zoning Manager Gajadhar) The subject parcels are two of three parcels intended for a proposed Comfort Inn – MainStay Suites hotel. The third parcel, located to the west, is already part of the City and zoned for Ocoee Community Commercial (C- 2). As a condition for the proposed development to receive potable water connection in its entirety, the two Orange County parcels are required to annex into city limits and receive a zoning classification of C-2. The two (2) parcels are generally located to the north of State Road 50, south and east of Marshall Farms Road, and west of Maguire Road. Parcel 19-22-28-0000-00-007 has one (1) existing structure, and Parcel 19-22-28-0000- 00-008 is vacant. The Applicant is requesting annexing into the City limits as a condition to receive City potable water connection and benefits. The subject properties are considered contiguous to the City of Ocoee since they are bordered by property located within the City limits on the west. 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 parcels will receive a “C-2” (Community Commercial) zoning upon annexation, because C-2 allows for hotels. Most of the surrounding area is C-3 (Commercial). Both 2.04 acres are consistent with the City’s regulations and Future Land Use Map (FLUM). a) Second Reading of Annexation Ordinances b) Second Reading of Rezoning Ordinances 10. Second Reading of Ordinance for Amendment to the Capital Improvements Element (CIE) for Fiscal Years 2019/2020 – 2023/2024 Capital Improvement Program (CIP). (Advertised in the West Orange Times on Thursday, January 9, 2020.) (Development Services Director Rumer) The Capital Improvement Element (CIE) of the City of Ocoee Comprehensive Plan is a requirement of Chapter 163, Florida Statues (FS) and enables implementation of the Plan goals, objectives, and policies needing capital funds for a 5-20-year planning horizon. Each year the table section of the CIE will be updated to ensure that the adopted list of capital projects in the CIE matched the City’s newly adopted fiscal year budget and approved five-year Capital Improvements Program (CIP). The CIE does not propose any new projects not previously reviewed and approved by the Commission. The Florida Legislature enacted legislation allowing adoption of the annual amendment to the CIE to be adopted via ordinance and not be considered an amendment to the Comprehensive Plan. REGULAR AGENDA 11. Approval for Ocoee Youth Council (OYC) to Attend the 2020 Legislative Action Days Youth Program in Tallahassee on February 11th – 12th. (OYC Coordinator Dillard) Florida League of Cities is hosting a Youth Council Program on Tuesday, February 11th and Wednesday, February 12th during the 2020 Legislative Action Days event in Tallahassee. This event will be an educational program for the Ocoee Youth Council (OYC) which allows them an excused absence from school. Currently, there are three (3) members on the council and because they are minors Risk Management has reviewed and approved the required waivers for parental permission to attend the program as well as the background check requirement for the OYC Coordinator. As the program is being held in Tallahassee the request from Dorcas Dillard, OYC Coordinator, is to approve funding of up to $1,100.00 to cover trip expenses of two (2) hotel rooms for two (2) nights, rental car, gas, and food. There is no registration fee associated with the program. City staff is requesting approval from the City Commission authorizing funding of up to $1,100.00; and further, advising staff on funding source as there is no designated line item. 4 | Page Regular City Commission January 21, 2020 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. SIPage