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Home My WebLink About09-15-2020 Agenda OCOEE CITY COMMISSION Ocoee Commission Chambers 150 North Lakeshore Drive Ocoee, Florida SEPTEMBER 15, 2020 AGENDA 6:15 P.M. Due to COVID-19 City Hall is closed to the public which is subject to change based on the Governor’s Executive Order. All interested parties are invited to be heard during the public comments and public hearing portion of the meeting. 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 Proclamations for September 2020 (Mayor Johnson)  National Assisted Living Week ~ September 13 - 19  Hispanic Heritage Month ~ September 15 – October 15  Diaper Awareness Week ~ September 21 – 27 Financial Presentation - Zero Based Budgeting (ZBB) & Internal Auditing by Jim Moyer 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 September 1, 2020 and the Tentative Budget Public Hearing held September 9, 2020. (City Clerk Sibbitt) 2. Approval of Appointment to the Ocoee Youth Council (OYC). (City Clerk Sibbitt) Members of the Ocoee Youth Council (OYC) serve one-year terms. The Resolution creating the Board allows for up to nine (9) members, which can consist of up to two (2) non-Ocoee residents who are enrolled in a public or private school within the City of Ocoee in grades 9 through 12. Currently, the board has seven (7) Ocoee Resident members. An application has been received by Ashton Phillips, an Ocoee High School student residing in Winter Garden, who has shown an interest in being appointed to the Ocoee Youth Council for a term ending July 2021. Regular City Commission September 15, 2020 3. Approval of First Amendment to the Development Agreement for Prairie Lake Subdivision. (Development Services Director Rumer) The Prairie Lake Subdivision received PUD approval with a Development Agreement on June 2, 2020. The Development Agreement provided for future improvements with the development of the townhome subdivision. Upon completion of the Preliminary/Final Subdivision Plan and after the City Commission approval, Meritage Homes requested a further review of the requirement for the extension of Ocoee Vista Parkway beyond the entrance to a cul-de-sac and to change the requirement to an emergency exit only based on engineering design and due diligence for purchasing the land from the City. The First Amendment to the Development Agreement proposes to make that change to the development agreement. 4. Approval of Special Warranty Deed to the City of 10-Foot Right-of-Way at 701 Pine Street. (Development Services Director Rumer) On August 20, 2020, the property owner of 701 Pine Street requested a lot split to create three (3) new lots from the original lot. The parcel is approximately six (6) acres in size and consists of three (3) single-family homes constructed between 1942 and 1970. The request would allow each of the single-family homes to exist on their own lot and still be well over the size requirements for its Single-Family Dwelling (R-1A) zoning district. Per the City of Ocoee Land Development Code (LDC), new lots must have frontage on a standard width road (50 feet) as a condition for the lot split. Since these lots would not meet this standard throughout, the owner has decided to dedicate a ten-foot portion of property running along the parcel’s west boundary as right-of-way. The dedication would ensure that the new lots will meet the frontage requirements per the LDC. Historically the City has maintained this portion of Pine Street. 5. Approval of a Two-Year Warranty Surety and Maintenance, Materials, and Workmanship Agreement with Arden Park North Phase 4B. (Development Engineer Keaton) Arden Park North, Phase 4B, is made up of 122 detached single-family homes. The parcel is located on the east side of Ingram Road just south of Brynmar Subdivision. 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 private roadways, 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, Lennar Homes, LLC, has provided the City with a Letter of Credit in the amount of 10% of the constructed improvements. The 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 of Public Emergency Medical Transportation Letter of Agreement to Secure Funding for Unreimbursed Ambulance Costs for Medicaid Patients. (Fire Chief Miller) The State of Florida Agency for Health Care Administration (AHCA) has established a Medicaid supplemental program to remediate Medicaid payment insufficiencies. The Florida Medicaid Managed Care Supplemental Payment Program (MCO) will allow qualifying government agencies that transport Medicaid managed-care patients via ambulance to receive supplemental payment. In order to receive Federal share funding, intergovernmental transfers from Public Emergency Medical Transportation (PEMT) providers are required to cover the State’s share of the MCO program prior to federal reimbursement. It is proposed that the City enter into an Agreement with AHCA, with annual renewals, which will allow the Ocoee Fire Department (OFD) to collect revenue to offset the expense of providing emergency medical transport to Medicaid patients. The revenue from this program is expected to be received through the various Medicaid managed care providers who have covered patients that have been transported to a hospital. OFD will need to establish written agreements with each of the managed care providers. 2 | Page Regular City Commission September 15, 2020 7. Approval to Donate State Forfeiture Monies to Law Enforcement Organizations. (Police Chief Brown) The Ocoee Police Department historically donated State Forfeiture Funds to support programs or organizations that partner with the Police Department in its crime prevention/public safety mission and wishes to continue to do so. As the services these organizations provide to the Ocoee Police Department and the community cannot be duplicated within the Department, the Police Department recommends granting monies from its forfeiture fund. The Department recommends expending monies from its State Police Forfeiture Fund to law enforcement related uses. 8. Approval of Master Downtown Stormwater Park Permit Mitigation Credit Purchase and Sale Agreement. (Public Works Director Krug) The Engineering Design Services for the Commission approved Master Downtown Stormwater System Project were awarded to GAI Consultants, Inc., (GAI) under RFQ #1803. Part of the design requires modifying the existing ditch to Starke Lake. The St. Johns River Water Management District (WMD) permitting process recognizes the existing ditch as a historically natural flow way. The modifications as designed impact 0.33 acres which require mitigation. Due to the amount the ditch has been altered and channelized over the years, the impacts to the ditch scored a low functional value of 9 out of 30, or 0.3. Mitigation required for the 0.33 acre impact is calculated at 0.33 acres x 0.3 functional value = 0.099 ~ 0.1 unit of Functional Loss. This requires the City purchase 0.1 credit from a mitigation bank. The two banks that cover the area are the Blackwater Creek Mitigation Bank and the Wekiva River Mitigation Bank. The less expensive option of the two banks is to purchase credits at the Blackwater Creek Mitigation Bank which are $90,000 each, so one tenth will cost $9,000.00. Public Works is requesting Commission approve the Mitigation Credit Purchase and Sale Agreement with Blackwater Creek Mitigation Bank to fulfill the mitigation requirements for the Master Stormwater Park project’s WMD permit. 9. Approval of RFQ #1705 Engineering Design Services Downtown Streetscape with CPH, Inc., Change Order Nos. 3 & 4. (Public Works Director Krug) The Engineering Design Services for the Commission approved Downtown Streets were awarded to CPH, Inc., under RFQ #1705. In coordinating the concurrent design projects for West Oakland Avenue, the Downtown Master Stormwater Park, the new City Hall campus, Bill Breeze Park and East Oakland Avenue, revisions were required to the designs while in progress. The revisions are divided into two (2) Change Orders for the separate portions of Oakland Avenue in order to simplify the tracking of the additional work. Change Order No. 3, West Oakland Ave., incorporates a baffle box design which eliminated the need for a temporary pond site and any associated property acquisition. Change Order No. 4, East Oakland Ave., incorporates revisions to allow the Lakewood and East Oakland portions to proceed to construction which will complete the southern improvements to Bill Breeze Park and provide the stormwater treatment for the completed City Hall campus improvements. Public Works negotiated the total fees for this work at $67,680.00. PUBLIC HEARING 10. Sale of Property Located at 112 South Bluford Avenue. (Advertised in the West Orange Times on Thursday, September 3, 2020) (Assistant City Manager Shadrix) In August 2016, the City acquired property at 100 and 112 S. Bluford Avenue consisting of two parcels containing seven original lots forming a rectangle of 178 ft. along the east side of S. Bluford Avenue and 85 ft. along the south side of Magnolia St.; the total land area is approximately 15,000 SF. A 940 SF wood-framed commercial storefront building constructed in 1925 sits on the southern end of the property. The City purchased these two parcels for a total of $225,000 in 2016. 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 that time are no longer available, and Forges Realty Group recently reaffirmed their interest in purchasing the property at the appraised value of $195,000. On August 18, 2020, the City Commission directed staff to bring back a contract for public hearing and consideration. According to Section C-8 (2) of the City Charter, “When any proposal for the disposition of real property owned by the city, either by sale or by lease for a term exceeding five (5) years, shall receive a majority vote of the members of the City Commission and the fair market value of the real property concerned exceeds one hundred thousand dollars ($100,000.00), such action shall not be effective unless it has been acted upon by the City Commission after a public hearing preceded by at least seven (7) days' notice of the hearing and the proposed action by publication in the manner set forth above”. 3 | Page Regular City Commission September 15, 2020 FIRST READING OF ORDINANCE - None SECOND READING OF ORDINANCE – PUBLIC HEARING 11. Second Reading of Ordinance for Brown Property, 213 Bay Street, Annexation & Rezoning; Project No(s): AX-04-19-80 & RZ-19-04-03. (Advertised in the West Orange Times on Thursday, September 3, 2020 and Thursday, September 10, 2020.) (Zoning Manager Gajadhar) This property is approximately 0.30 acres and located to the Northwest of West Ohio Street, Southwest of McKey Street, and directly West of Bay Street. The subject parcel has one (1) existing Single-Family Residence. The Applicant is annexing into the City limits as a condition to receive city potable water connection. The subject property is considered contiguous to the City of Ocoee since it is bordered by property located within the City limits on the south, east, and west. The parcel will receive an “R-1A” (Single Family) zoning upon annexation. The proposed annexation is a logical extension of the City limits, urban services can be provided, and the annexation meets state and local regulations. a) Second Reading of Annexation Ordinance b) Second Reading of Rezoning Ordinance REGULAR AGENDA - None 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