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HomeMy WebLinkAbout06-15-2021 Agenda OCOEE CITY COMMISSION Ocoee Commission Chambers 150 North Lakeshore Drive Ocoee, Florida JUNE 15, 2021 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 for June 2021 ~ Small Cities Month (Mayor Johnson) Presentation to Award Scholarships to High School Graduates (Commissioner Oliver) Annual Financial Report by Finance Director Roberts STAFF REPORTS AND AGENDA REVIEW 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 May 18, 2021. (City Clerk Sibbitt) 2. Approval of 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 and only those 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. One (1) application has been received by Ross Middleton who is an Associate Pastor at HighPoint Church located in Ocoee and who has shown an interest in being appointed to the Human Relations Diversity Board for a term ending May 2024. 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 eight (8) members. One application has been received to serve on the Board from Jim Moyer. 4. Approval of Reappointments and to Move an Alternate Member to a Regular Member Seat on 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 shall consist of seven (7) regular members and two (2) alternate members, all with three-year terms. There are no applications currently on file. The three-year terms of Valerie Odom and Masood Mirza expires June 2021. Both members have expressed an interest in being considered for reappointment. In 2020 both Member Odom and Member Mirza attended eight (8) out of eight (8) meetings. Furthermore, Member Stewart resigned from the board leaving one (1) vacant regular member seat. Alternate Member Joseph Johnson has indicated he is interested in moving into a regular member seat on the board. Regular City Commission June 15,2021 5. Approval of Lake Meadow Landing Plat. (Development Engineer Keaton) Lake Meadow Landing Subdivision property is located on the west side of N. Clarke Road, southeast of Lake Meadow, adjacent to the Westchester Subdivision. This Plat is required in order to create the 79 lots for the residential subdivision, associated street right-of-way, and tracts for open space, recreation, and retention facilities. As part of the platting process, the City will convey a 72 square-foot tract of land to the developer which slightly encroaches upon one of the proposed platted lots.The City will also convey a 9,513 square-foot tract of land along a 100-year compensating storage pond to be maintained and owned by the Developer for purposes of drainage. The Lake Meadow Landing Subdivision development is platting prior to receiving a Certificate of Completion; therefore, the developer is required to provide a Surety covering the outstanding proposed improvements as approved in the Preliminary/Final Subdivision Plans for Lake Meadow Landing. 6. Approval to Expand the Body Worn Camera Program. (Police Chief Plasencia) The City of Ocoee Police Department implemented a trial program with ten (10) Body Worn Cameras ("BWCs")during the Fiscal Year 2016/2017. In 2018,the Police Department expanded the program with the purchase of additional BWCs to outfit the remaining patrol officers.In an effort to further expand the program, the Police Department is requesting twenty-four (24) additional BWCs with unlimited storage to outfit the remaining personnel. This program expansion also includes obtaining twenty-nine (29) additional Taser 7 electronic control devices("ECDs").The Police Department is currently in a five-year contract with Axon.The BWC expansion requires entering into a new five (5) year contract with Axon, which would immediately replace the existing contract. The expansion of the program will be funded by the Department's current budget and Police Impact Fees. 7. Approval to Purchase One (1) Police K9 Vehicle. (Police Chief Plasencia) Recently the Police Department had a K9 vehicle involved in a crash resulting in a total loss as determined by the City's insurance company. The PD has an emergency need to replace the vehicle to ensure an ability to provide the essential K9 asset,if needed.Duval Ford,a dealer with whom the City has an existing relationship, has a marked patrol K9 vehicle which meets the City's requirements, available immediately. The vehicle pricing is through the Florida Sheriffs Association contract. The acquisition of this vehicle would eliminate the delay in ordering a new vehicle from a factory and therefore beneficially expediate delivery. 8. Approval of the School Resource Officer Agreement with Innovation Montessori Charter School. (Police Chief Plasencia) Innovation Montessori Charter School desires to continue contracting with the Ocoee Police Department for a School Resource Officer for their Ocoee campus. The Ocoee Police Department will provide one (1) School Resource Officer,same staffmg as last contract,to Innovation Montessori Charter School.Agreements between the City and the Charter Schools are required in order for the Police Department to understand officer responsibilities and for the City to be reimbursed by the Charter School's Board of Directors. For School Resource Officer services, the Charter Schools will be charged a fee based on the 10-month school year. The agreement is effective for a two-year term from July 1,2021 to June 30,2023. 9. Approval of Federal Fiscal Year 2020 Edward Byrne Memorial Justice Assistance Grant Program (JAG). (Police Chief Plasencia) This year $10,298.00 has been made available to the City of Ocoee Police Department through the Edward Byrne Memorial Justice Assistance Grant(JAG).The JAG program committee wishes to submit the 51%letter to the Office of Criminal Justice Grants in Tallahassee. This letter lists the various programs that the participating law enforcement agencies in Orange County plan to spend the$292,766.00 that has been allocated to them. If approved, the Ocoee Police Department will receive $10,298.00 to purchase Law Enforcement Emergency Medical & Safety Protection Equipment. This equipment will assist in equipping 91 officers in order to allow them to be better prepared for the different challenges they experience on a daily basis. 10. Approval of Resolution and State Highway Lighting, Maintenance and Compensation Agreement. (Public Works Director Krug) This agreement provides for funding from Florida Department of Transportation (FDOT)to the City to help defray the costs of street light operation and maintenance on several State highways within Ocoee's corporate limits.The work order under this Agreement will provide Ocoee with an annual payment of$43,954.02 for the 2021-2022 fiscal year, which represents a 3% increase over the current FDOT lighting supplement. Public Works recommends approving the new work order under the State Highway Lighting, Maintenance and Compensation Agreement with the FDOT. 2IPage Regular City Commission June 15, 2021 11. Approval of the Interlocal Agreement between Orange County and City of Ocoee for the Transfer of Jurisdiction of the Spring Lake Drain Well. (Public Works Director Krug) Orange County and the City have been working together on the relocation of the Spring Lake drain well for several years. The existing drain well is located within a County easement on private property at 1405 Spring Lake Terrace on the west side of Spring Lake. As the Spring Lake Terrace property has been annexed into the City, and more than ninety percent (90%) of the properties within the Spring Lake drainage basin are within the City, Public Works is recommending the City accept the transfer of the drain well easement and maintenance in order for the well to be relocated to an easily accessible location on the east side of the lake on City-owned property. Environmental regulations allow existing drain wells to be relocated within the same basin. The County is contributing $25,000.00 towards the expected $200,000.00 cost to relocate the well. The cost of the new well construction and existing well abandonment is funded in the current Stormwater budget. The drainage easement for the existing well will be vacated at a future date following abandonment of the well. 12. Approval of Ingram Road Street Lighting with Duke Energy. (Public Works Director Krug) The City Commission approved funding for the Ingram Road Street Lighting Project in previous budgets. Public Works has coordinated with Duke Energy to design the project within budget to install twenty-three (23) new LED light fixtures and upgrade two (2) existing fixtures to LED. The $65,540.50 capital construction cost is adequately funded in the capital improvements budget. The monthly cost of the two (2) upgraded fixtures will be adjusted accordingly in the street lighting invoicing from Duke Energy. Public Works recommends approval of the cost proposal. 13. Approval of Change Order No. 3 (Final) for Bid #18-03 Kimball Area Water Main Upgrade Project. (Utilities Director Croteau) The Mayor and City Commission previously approved the Kimball Area Water Main Upgrade Project on July 17, 2018 in the amount of $344,097.00 to Central Florida Tapping and Construction Inc. (CFT). Changer Order No. 1 for the addition of Phase II of the project in the amount of $279,151.48 and Changer Order No. 2 for the addition of Phase III of the project in the amount of $335,056.00 was approved by the Mayor and City Commission on October 16, 2018 and October 6, 2020, respectively. This led to a final contract amount of $958,304.48. The Contractor was able to conduct construction without significant impact to the road and sidewalk, and, as a result, significant costs savings were attained in the items bids to remove/replace pavement, curb, and sidewalks. Items bid by CFT that were not fully utilized to complete the project can be seen in the Final (Close Out) Payment Summary attached to the Final Change Order. This led to a reduction in the contract amount by $59,479.92. 14. Approval of Construction Phase Change Order No. 2 to the Design-Build Agreement with Wharton-Smith for Construction of the New City Hall. (Utilities Director Croteau) On January 15, 2019, the City Commission approved an Agreement with Wharton-Smith to provide Design- Build Services for the new City Hall. On October 20, 2020, the City Commission approved an Amendment to the Design-Build Agreement with Wharton-Smith for the construction of the new City Hall. The Commission approved not only the Guaranteed Maximum Price (GMP) of $17,255,537 but also the total project budget of $21,993,942. Construction has been proceeding as planned with a Final Completion Date in late May 2022. However, there are several smaller projects located either adjacent to or in close proximately to the new City Hall site including: the McKey Street Rehabilitation, the alley sewer construction directly across the street, the water line replacement on McKey Street, the Oakland Avenue water line replacement, and the conversion of the old City Hall lift station to a manhole. The projected costs for these items, which were to be done separately, was approximately $1.17 million. The City approached Wharton-Smith about bundling these projects together to not only get a better price, but to ensure coordination with the City Hall project. The McKey Street Rehabilitation will have the greatest impact on the City Hall Project; the roadway needs to be completed before City Hall opens but not impact deliveries to the City Hall site. Moving this project to Wharton-Smith ensures that the project will be coordinated and timed with the completion of City Hall. This Change Order will increase the Wharton-Smith Design-Build Agreement to $18,425,538 and the total project budget to $22,860,943. 15. Approval of Emergency Broken Force Main Pipe and Repaired Roadway under Clarke Road – ½ mile North of A.D. Mims Road per Emergency Notification – Section 21.6, Chapter 21, City of Ocoee Code of Ordinances. (Utilities Director Croteau) On April 9, 2021 staff became aware of a sewer force main break under Clarke Road, approximately ½ mile North of A.D. Mims Road. Due to the location, complexity, and the possibility of the roadway being undermined, the City requested the services of J. Malever Construction to assist with the repair. Due to the 3 | Page Regular City Commission June 15, 2021 sever nature of the break, it was determined that it would be a faster repair to relocate the force main out from under Clarke Road. The work included not only relocating 240 feet of force main but also repairing the roadway, the installation of two valves and reconstructing the sidewalk. The City also requested the services of Brownie’s Environmental to maintain the flow at Lift Station #32. Repairs were completed April 23, 2021. 16. Approval of Emergency Repair to Clarifier #2. (Utilities Director Croteau) The three clarifiers at the City of Ocoee Wastewater Treatment Plant are reaching their end of life cycle and are budgeted for rebuild, one per year starting in FY2021. Unfortunately, Clarifier #2 recently suffered a major mechanical failure that needed to be addressed immediately. Clarifier #2 has been taken offline and drained to allow for inspection, and staff has determined that the gear box, drive bearings, and skimmer arms are damaged and will need to be rebuilt. Staff reached out to Veolia Water Technologies, the original designer of the City of Ocoee’s Wastewater Treatment Plant (WWTP) and sole single source vendor for WWTP parts, for this work. With assistance from Copper State Construction, Veolia Water Technologies provided assurance that they will be able to handle the scope of the rebuild within a timely manner. Veolia Water Technologies provided a verbal not to exceed quote of $200,000 and have begun the process of securing parts necessary for the repair. PUBLIC HEARING 17. Approval of the sale of the City-owned 2 North Bluford Ave. Property to VMG Construction for the Development of a Two-story Commercial Building. (Advertised in the West Orange Times on Thursday, June 3, 2021) (City Attorney Cookson) th On May 4 the City Commission directed City Staff to proceed with contract negotiations following VMG Construction’s unsolicited offer to purchase the city-owned 2 North Bluford Ave. property. As discussed at th the May 4 City Commission meeting, the development of this property as a high-quality, two-story commercial building is important in the City’s redevelopment plan. As part of the purchase agreement with VMG, VMG has agreed to construct the building substantially consistent with the building depicted in the color renderings. City Staff anticipates that the building would include restaurant and office space, and would cost a developer approximately $4 to 5 million to construct. In addition to VMG’s obligation to construct the building substantially consistent with the building depicted in the color renderings, the pertinent terms of the Contract are: The Purchase Price is $389,000 and the Closing Date is July 21, 2021. The building’s stormwater needs would be included in the City’s master drainage system for the downtown area FIRST READING OF ORDINANCE - None SECOND READING OF ORDINANCE – PUBLIC HEARING 18. Second Reading of Ordinance for Barkeritaville Planned Unit Development (PUD) - Substantial Amendment to the PUD/LUP; Project No: RZ-21-03-04. (Advertised in the West Orange Times on Thursday, June 3, 2021.) (Development Services Director Rumer) The Barkeritaville PUD property is approximately 8.13 acres and located on the east side of Tomyn Boulevard and 1,517 feet from Roberson Road. The applicant, Simmons Pet Properties, is requesting a Substantial Amendment to the PUD to amend the permitted uses from Veterinary Facility, Pet Resort/Daycare, Office, Retail, Restaurant, and Veterinary Education and Training to include Indoor Self-Storage. The revision to the PUD also includes eliminating a 16,182-SF building to a three-story 104,907-SF / 727 unit indoor self-storage facility which will complete the buildout of the PUD. The self-storage is proposed to be accessed via the existing entrance. The proposed architectural design of the indoor self-storage facility will be architecturally cohesive with the existing Pet Paradise. a) Second Reading of Rezoning Ordinance 19. Second Reading of Ordinance for 54 Rewis Street - Small Scale Comprehensive Plan Amendment and Rezoning to Planned Unit Development (PUD) and PUD Land Use Plan; Project No(s): CPA-2021-002 & RZ-21-03-06. (Advertised in the West Orange Times on Thursday, June 3, 2021 and Thursday, June 10, 2021.) (Development Services Director Rumer) This property is approximately 0.25 acres in size and is located on the north side of Rewis Street and the northeast corner of Lyman Street and Rewis Street. The property is vacant and currently zoned R-1 (Single- family). The Small Scale Comprehensive Plan Amendment would be from Low-Density Residential to Commercial. The rezoning would be from City of Ocoee “R-1” to City of Ocoee “PUD.” The applicant is proposing to rezone the property to Planned Unit Development (PUD) in order to develop a two-story mixed- use building with 875 SF of ground-floor retail space for a hair salon and a second story 875 SF apartment. No 4 | Page Regular City Commission June 15, 2021 other uses will be permitted under the PUD. A two-car carport will also be provided on the 0.25 acres. Parking is being provided with seven (7) parking spaces, including one (1) handicap parking space. a) Second Reading of Small Scale Comp Plan Amendment b) Second Reading of Rezoning Ordinance 20. Second Reading of Ordinance for 409 Ocoee Apopka Road Planned Unit Development (PUD) - Annexation & Rezoning to PUD and PUD Land Use Plan; Project No(s): AX- 02-21-02 & RZ-21-02-02. (Advertised in the West Orange Times on Thursday, June 3, 2021 and Thursday, June 10, 2021.) (Development Services Director Rumer) This subject site is approximately 4.76 acres in size and is located on the east side of Ocoee Apopka Road and 562 feet north of West Silver Star Road. The parcel currently contains three (3) single-family dwellings. The parcel is currently zoned Orange County “A-1” and has a County Land Use of Industrial and a Commercial Land Use in Ocoee Orange County JPA. The applicant is proposing to develop a Commercial/Flex Business Center on 4.76 acres with two (2) buildings at a maximum square footage of 61,400. A 29,000 SF building with a retail front and rear delivery access at grade height will be the project's focal point. The second building of up to 32,000 SF will include available dock heights. a) Second Reading of Annexation Ordinance b) Second Reading of Rezoning Ordinance 21. Second Reading of Ordinance for West Orange Park Properties VII LLC, 2100 West Road - Annexation & Rezoning; Project No(s): AX-03-21-03 & RZ-21-03-03. (Advertised in the West Orange Times on Thursday, June 3, 2021 and Thursday, June 10, 2021.) (Planner 1 Hines) This property is approximately 3.08 acres and generally located on West Road about 850 feet east of Ocoee Apopka Road. The subject parcel has one (1) existing single-family residence, and is considered contiguous to the City of Ocoee since it is bordered by property located within the City limits on the north, south, and west. The parcel will receive an “C-2” (Community Commercial) zoning upon annexation. a) Second Reading of Annexation Ordinance b) Second Reading of Rezoning Ordinance 22. Second Reading of Ordinance for AP & AG Investment Group LLC at 529 1st Street - Annexation & Rezoning; Project No(s): AX-04-21-04 & RZ-21-04-07. (Advertised in the West Orange Times on Thursday, June 3, 2021 and Thursday, June 10, 2021.) (Planner 1 Hines) This property is approximately 0.16 acres and located on the east side of 1st Street, about 289 feet south of Center Street, and 338 feet northeast of the intersection of Nay Street and 1st Street. The subject parcel is vacant, and is considered contiguous to the City of Ocoee since it is bordered by property located within the City limits on the north. The parcel will receive an “R-1” (Single-Family Dwelling) zoning upon annexation. The applicant is annexing into the City limits as a condition to receive city potable water connection. a) Second Reading of Annexation Ordinance b) Second Reading of Rezoning Ordinance 23. Second Reading of Ordinance for the Guerrero Property at 102 Wurst Road - Annexation & Rezoning; Project No(s): AX-04-21-05 & RZ-21-04-08. (Advertised in the West Orange Times on Thursday, June 3, 2021 and Thursday, June 10, 2021.) (Planner 1 Hines) This property is approximately 0.17 acres and located directly on the north side of Wurst Road, about 175 feet east of N. Lakewood Avenue. The subject parcel has one (1) existing single-family residence, and is considered contiguous to the City of Ocoee since it is bordered by property located within the City limits on the north. The parcel will receive an “R-1” (Single-Family Dwelling) zoning upon annexation. The applicant is annexing into the City limits as a condition to receive city potable water connection. a) Second Reading of Annexation Ordinance b) Second Reading of Rezoning Ordinance 24. Second Reading of Ordinance for Ocoee Rentals Trust Properties at 503 2nd Street - Annexation & Rezoning; Project No(s): AX-04-21-06 & RZ-21-04-09. (Advertised in the West Orange Times on Thursday, June 3, 2021 and Thursday, June 10, 2021.) (Planner 1 Hines) This property is approximately 0.25 acres and located on the east side of 2nd Street, about 510 feet south of Center Street and 735 feet north of E. Silver Star Road. The subject parcel has one (1) existing single-family residence, and is considered contiguous to the City of Ocoee since it is bordered by property located within the City limits on the north and west. The parcel will receive an “R-1” (Single-Family Dwelling) zoning upon annexation. The applicant is annexing into the City limits as a condition to receive city potable water connection. 5 | Page Regular City Commission June 15, 2021 a) Second Reading of Annexation Ordinance b) Second Reading of Rezoning Ordinance 25. Second Reading of Ordinance for Ocoee Rentals Trust Properties at 518 2nd Street - Annexation & Rezoning; Project No(s): AX-04-21-09 & RZ-21-04-12. (Advertised in the West Orange Times on Thursday, June 3, 2021 and Thursday, June 10, 2021.) (Planner 1 Hines) This property is approximately 0.15 acres and located on the west side of 2nd Street and 276 feet south of Center Street, and 312 feet northeast of the intersection of Nay Street and 2nd Street. The subject parcel has one (1) existing single-family residence, and 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” (Single-Family Dwelling) zoning upon annexation. The applicant is annexing into the City limits as a condition to receive city potable water connection. a) Second Reading of Annexation Ordinance b) Second Reading of Rezoning Ordinance REGULAR AGENDA 26. Appointment of Three Members and an Alternate Member to the Planning and Zoning Commission in Accordance with Ordinance No. 2019-037. (City Clerk Sibbitt) The Mayor and each member of the City Commission may nominate up to two (2) nominees each. The highest- ranked nominee will be considered to fill the vacancy. The alternate member shall attend all meetings, shall be counted towards a quorum, may participate in any item where the alternate has no voting conflict, and, when necessary, will vote in the place of any absent or disqualified board member on an individual item. In December of 2020 Alternate Member Lowe resigned, and further, in January of 2021 Chair Keller resigned to run for City Commissioner. The terms of Member Forges and Member Williams have expired. On May 12, 2021, City Clerk Sibbitt emailed the City Commission requesting them to nominate up to two (2) names by May 28, 2021. To date, residents Gregory Keethler, Lou Forges, Lavon Williams, Joel Keller, Scott Kennedy and Darryl Braunskill, Sr., have been nominated. 27. Appointment of a Districting Commission, in Accordance with the City of Ocoee Charter, Article XI, Section C-66. (City Clerk Sibbitt) On May 18, 2021, the City Commission voted unanimously to allow residents to apply by June 11, 2021, for consideration to be appointed to the Districting Commission. In past practice, if there were not enough applications submitted, it was requested that each Elected Official bring forth a nominee for the Districting Commission to be considered for appointment during the June 15th City Commission meeting. In accordance with Section C-66 of the City Charter, the City Commission shall appoint, by majority vote, a Districting Commission consisting of five (5) members and a first and second alternate member after April 1, 2021 or within three (3) months of receipt of the 2020 census data. 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. 6 | Page