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HomeMy WebLinkAbout08-18-2020 Agenda OCOEE CITY COMMISSION Ocoee Commission Chambers 150 North Lakeshore Drive Ocoee, Florida AUGUST 18, 2020 AGENDA 6:15 P.M. All interested parties are invited to be heard during the public comments and public hearing portion of the meeting. This meeting is closed to the public and is subject to change based on the Governor’s Executive Order. This meeting is broadcasted live on Spectrum Channel 493 with a live stream at www.Ocoee.org/197/Ocoee-TV. Any interested party is invited to offer comments and/or questions by emailing citizens@ocoee.org or calling 407-554-7118 or by registering in advance by emailing citizens@ocoee.org or calling 407-905-3105 and City staff will call you during the live meeting. REGULAR CITY COMMISSION MEETING CALL TO ORDER Invocation Pledge of Allegiance Roll Call and Determination of Quorum PRESENTATIONS AND PROCLAMATIONS Proclamation ~ West Orange Healthy Selfie Day (Mayor Johnson) Financial Presentation by Don Sproat with Robert Half 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 Regular City Commission Meeting held August 4, 2020. (City Clerk Sibbitt) 2. Ratification of Appointment of Fifth Trustee to the Police Officers’ and Firefighters’ Retirement Trust Fund Board of Trustees. (City Clerk Sibbitt) Trustees for the Pension Board serve four-year terms. Two (2) of the trustees are appointed by the City Commission, two (2) are elected from the employee body, and the fifth trustee is chosen by those four (4) trustees and presented to the City Commission to ratify the appointment as a ministerial act. At their meeting dated August 5, 2020, the Pension Board appointed Joe Moy to complete a term, formerly held by Trey Littlefield, as fifth trustee to expire on September 30, 2021. 3. Approval of New Appointment 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 with a three-year term. Currently, the Board has six (6) regular members and zero (0) alternate members. An application has been received by Michael Stewart who has shown an interest in being appointed to the Code Enforcement Board as a regular member for a term ending June 2023. At this time there are no other applications on file for this board. Regular City Commission August 18, 2020 4. Approval for Declaration of Surplus Property for Fiscal Year 2019/2020. (Purchasing Manager Tolbert) The City is currently under contract with George Gideon Auctioneers (Gideon), Zellwood, Florida, for the public sale of the City’s surplus property, which piggybacks Lake County’s terms and conditions. These items are identified on the surplus list as ID Code “G”. The surplus items will be delivered to the Gideon property located at 2753 N. Hwy. 441, Zellwood, FL 32798. The public inspection of items at the auction site is during business hours from 9:00 a.m. to 2:30 p.m. A link to the City’s surplus auctions on Gideon’s auction site will be placed on the City’s website. The notice of auction will be advertised in the Orlando Sentinel, the West Orange Times, and the City’s website. 5. Approval of the Certification of Non-Ad Valorem Assessment Roll for Solid Waste Inclusion on the Orange County Tax Roll for Fiscal Year 2020/2021. (Public Works Director Krug) The City commission approved Resolution No. 2006-003 to provide for collection of Solid Waste fees through the annual Orange County tax roll. The agreement between City of Ocoee and Orange County Tax Collector requires the City to annually certify the non-ad valorem assessment roll by September 15th. The fiscal year 2020/2021 tax roll for Solid Waste calculates revenue to be $3,633,759.80. This is based upon the residential Solid Waste fee which has been increased 1.4% per adopted Resolution No. 2019-013 from $264.00 to $267.70 annually. This is an increase of $177,471.80 from the current year and is attributed to the rate increase, annexations and new homes. 6. Approval of the Certification of Non-Ad Valorem Assessment Roll for Stormwater Inclusion on the Orange County Tax Roll for Fiscal Year 2020/2021. (Public Works Director Krug) The City commission approved Resolution No. 2006-003 to provide for collection of stormwater fees through the annual Orange County tax roll. The agreement between City of Ocoee and Orange County Tax Collector requires the City to annually certify the non-ad valorem assessment roll by September 15th. The fiscal year 2020/2021 tax roll for Stormwater calculates revenue to be $3,580,010.86. This is an increase of $132,703.32 from the current year and is attributed to annexations, new homes and commercial development. 7. Approval of the Annual Fire Protection Special Assessment Resolution and Certification of Non-Ad Valorem Assessment Tax Roll for Fire Protection Assessment for Fiscal Year 2020/2021. (Support Services Director Butler) The City Commission approved Ordinance 2013-010 to provide for collection of fire protection assessments as a special non-ad valorem assessment on the annual Orange County tax bill. The assessment is based on building occupancy hazard factors and the area under roof to determine the number of Fire Protection Units (FPUs) for each property. The number of FPUs is then multiplied by the Applied Assessment Rate to get the amount of the special assessment. Section 197.3632, Florida Statutes, requires the City to certify the Tax Roll for the fire protection assessments by September 15th. A resolution to certify the tax roll is the only mandatory element of the annual fire protection special assessment implementation process. PUBLIC HEARING 8. Public Hearing to Adopt the Annual Code Enforcement Abatement Special Assessment Resolution and Certification of Non-Ad Valorem Assessment Tax Roll for Abatement Costs Recovery for Fiscal Year 2020/2021. (Advertised in the West Orange Times on Thursday, August 6, 2020.) (Support Services Director Butler) Section 115-1 of the City Code of Ordinances established the geographic limits of the City of Ocoee as a special assessment district in which the City Commission is authorized to levy a non-ad valorem assessment against properties within that limit where the City of Ocoee has taken action related to abating nuisances and where the City has not been reimbursed for such abatements. Resolution No. 2017-003 requires the City Commission to annually adopt a resolution certifying a non-ad valorem assessment tax roll to recover the unpaid costs of code enforcement abatements following a public hearing to be held on the issue prior to September 15 of each year. There are presently eight (8) properties that will be assessed to recover the costs of abatements performed by the City. The owners of each of these properties were notified by first-class mail of the non-ad valorem assessment to be levied against the property and of the scheduled public hearing at which the City Commission would consider the issue. 2 | Page Regular City Commission August 18, 2020 9. Public Hearing for Comfort Inn/Mainstay Suites, 11409 West Colonial Drive - Preliminary/Final Site Plan (PSP/FSP); Project No.: LS-2020-007. (Advertised in the West Orange Times on Thursday, August 6, 2020.) (Zoning Manager Gajadhar) The subject property is approximately 3.17 acres and located on the north side of West Colonial Drive (SR 50), on the southeast side of Marshall Farms Road. The Preliminary/Final Site Plan is a joint project consisting of a six-story, 75,000 square foot, 120-room Comfort Inn and Mainstay Suites hotel, and a one-story restaurant to be developed in phase two of the project at a future time. The facility will have two access points, one on West Colonial Drive, and the other off Marshall Farms Road. Consistent with City policy, the wetlands/flood zones and associated upland buffers will not be developed to the northeast and east of the property. Water, sanitary sewer, reclaimed water, solid waste, and police & fire protection will all be provided by the City of Ocoee. Stormwater retention will be provided on-site and constructed by the applicant as part of the project. The Applicant has requested waivers from the Land Development Code for the maximum building height, front building setback, minimum parking space requirement, maximum pond side slope, and drive aisle width. 10. Public Hearing for CLRM Planned Unit Development (PUD), McCormick Road Property - Preliminary Subdivision Plan (PSP); Project No.: LS-2020-005. (Advertised in the Orlando Sentinel on Sunday, August 9, 2020) (Development Services Director Rumer) The subject site is approximately 212.3 acres in size and is located south of E. McCormick Road and west of N. Apopka Vineland Road. This PUD is a planned residential subdivision that proposes a total of 377 single- family residential lots with a requested density of 2.21 units per acre. There are three (3) lot sizes proposed within the Preliminary Subdivision Plan and approved by the PUD: 40’ x 120’, 50’ x 120’, and 60’ x 120’. The PUD has a minimum living area set at 1,200 square feet. The development is proposed to be developed in four (4) phases. The subject subdivision will have two (2) access points on McCormick Road, which is an Orange County Maintained Road. A 30-foot-wide strip of land adjacent to McCormick Road will be dedicated to Orange County for a future trail extension. The Plan provides for significant buffering along McCormick Road with a decorative three (3) rail fence. FIRST READING OF ORDINANCE – PUBLIC HEARING 11. First Reading of Ordinance to Consider the Public School Facilities Element Large Scale Comprehensive Plan Amendment; Project No: CPA-2020-002. (Advertised in the West Orange Times on Thursday, August 6, 2020. Date of Second Reading Contingent on Approval of DEO.) (Development Services Director Rumer) Public Schools Facilities Element Objective 1.3, of the City of Ocoee Comprehensive Plan, establishes that the City and Orange County Public Schools (OCPS) shall develop and maintain throughout the planning period a joint process for the implementation of School Concurrency. Presently, any requested Comprehensive Plan amendment and/or rezoning within the City that entails a proposed increase in residential density must undergo a capacity review by OCPS. If there is insufficient capacity at an impacted elementary, middle, and/or high school, the prospective developer and OCPS must enter into a Capacity Enhancement Agreement (CEA). House Bill 7103, signed into law on June 28, 2019, and effective as of July 1, 2019, now requires a credit against school impact fees on a dollar-for-dollar basis for any such contribution. This means OCPS would not receive any additional monies to mitigate the impacts of additional students generated by the increased residential density. At the June 23, 2020, School Board meeting, OCPS issued a Declaration Relating to the HB 7103 Impact on School Overcrowding Mitigation. That Declaration declares that OCPS will no longer enter into CEAs, but will only certify whether school capacity exists. Therefore, any project which was required to apply for a CEA on or after July 1, 2019, is on hold. Currently, there are a total of 18 projects, countywide, and one (1) within the City of Ocoee (Ocoee Village Center) that have been placed on hold since July 1, 2019. To resolve the present impasse, staff from Orange County and other municipalities within Orange County are proposing amendments to Public Schools Facilities Elements to help rectify the situation. If the proposed text amendment is approved, the amended policy will require City staff, in its review of any developer-initiated Comprehensive Plan amendment or rezoning petition that would increase residential density, to seek input from OCPS regarding the existence of sufficient school capacity at the public schools that would serve the development. 3 | Page Regular City Commission August 18, 2020 SECOND READING OF ORDINANCE – PUBLIC HEARING - None REGULAR AGENDA 12. Approval of the Seventh Amendment to the Development and Economic Incentive Agreement for City Center West Orange – Phase 1. (Development Services Director Rumer) A request for a Seventh Amendment to the Agreement is being requested as the Developer has made significant progress in constructing the infrastructure of the site and has submitted Building Plans for the Parking Garages, and is finishing the foundation work. The requested amendment will facilitate the following: i) adjust the time frame for which the City’s responsible for providing the cost share payment for public stormwater from the Maine Street Pond. The Owner has completed and received a certificate of completion from the City for completion of the Maine Street Retention Pond. The parties agree that the City shall pay to Owner a cash payment of $417,002.00 as identified and agreed to in the Agreement and shall be paid out of the City’s Stormwater Fund within thirty (30) days of the Effective Date of this Amendment; and ii) extend from October 2022 to October 2023, deferral and payment dates for Sewer and Water Capital Charges, Deferral of Transportation Impact fees, and the provisions for Building Plan Review fees. 13. Discussion of an Unsolicited Offer from GPK Investments to Develop a Two-Story Commercial Building on City-Owned Property Located at 2 North Bluford. (Assistant City Manager Shadrix) During recent weeks, another unsolicited proposal has presented an opportunity for the City Commission to consider by GPK investments who have made a similar offer, agreeing to design to the City’s downtown guidelines and constructing an even more aggressive plan than the original. Staff has met with the GPK team and feels that their plans align with the City’s. The City attorney has prepared a letter agreement that memorializes that GPK would receive title to the property upon issuance of a certificate of occupancy. The City would reserve the right to maintain any necessary easements on the property as part of this transaction. 14. Discussion of an Unsolicited Offer from Forges Realty Group to Purchase City-Owned Property Located at 112 South Bluford Avenue. (Assistant City Manager Shadrix) In late 2018, the City received an unsolicited offer from Forges Realty Group to purchase the property and the City held off due to consideration of purchase of adjacent properties. The adjacent parcels under consideration at the time are no longer available, and Forges Realty Group recently reaffirmed their interest in purchasing the property at the current appraised value of $195,000. Forges Realty Group, upon purchase, intends to move the real estate office to the location, including short term renovations and future re-development of the office. 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. 4 | Page