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Home My WebLink About09-07-2021 AgendaOCOEE CITY'. COMMISSION Ocoee Commission Chambers 150 North Lakeshore Drive Ocoee, Florida SEPTEMBER 7, 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 Proclamations for September 2021 (Mayor Johnson) ➢ 9/11 Remembrance ➢ National Assisted Living Week — September 12 - 18 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 August 17, 2021 (City Clerk Sibbitt) 2. Approval of Resolution to Participate in Opioid Litigation Settlement. (City Attorney Cookson) The City Commission approved an Agreement with the Romano Law Group to represent the City of Ocoee in national litigation against the manufacturers of opioids (the "Opioid Litigation"). The State of Florida and attorneys representing certain various local governments, including the Romano Law Group on behalf of the City, have proposed a unified plan for the allocation and use of prospective settlement compensation from the Opioid Litigation. The Memorandum of Understanding outlines an agreement intended to govern the distribution of proposed settlement proceeds obtained through the Opioid Litigation to be utilized for strategies, programming and services used to expand the availability of treatment for individuals impacted by substance use disorders. The Memorandum of Understanding is the result of numerous meetings with the State of Florida Attorney General's Office and includes feedback and comments from many local subdivisions. Based upon the status of the Opioid Litigation, the likely structure of any settlement, the potential litigation risks in the absence of such settlement and the best interest of the City and its citizens, City Staff recommends the Memorandum of Understanding be approved by Resolution. 3 Approval of Agreement with Violations Hearing Special Magistrate. (Police Chief Plasencia) On May 1, 2018, the City adopted Ordinance 2018-018 which established the Violations Hearing Special Magistrate (the "Special Magistrate"). Under that Ordinance, the Special Magistrate hears and considers contests of designated City Code violations, including but not limited to violations relating to nuisance fire alarms, noise and parking violations. The City has a need for a Special Magistrate to hear red-light camera violations and certain Code Enforcement matters. City Staff and the City Attorney recommend that the City engage James "Skip" Fowler to serve as Special Magistrate. Mr Fowler's duties as Special Magistrate will encompass both red-light camera violations and certain code enforcement matters. The City Attorney has determined that Mr Fowler has the requisite experience, availability and desire to perform such services. Regular City Commission September 7, 2021 4 Approval of the Blue Jay Way Pathway Project. (Public Works Director Krug) Public Works solicited vendors on the City's Continuing Contract for Small Construction Services to provide the pavement improvements for the Blue Jay Way pathway leading to Spring Lake Elementary Public Works received two (2) responsive bids with the remaining vendors not in a position to provide pricing at this time. Public Works is requesting Commission approval to award the project to the low bidder, Barracuda Building Corporation in the amount of $98,436 00 The cost proposal is within industry standards based on the limited access to the project site. The project is adequately funded. 5 Approval of Certification of Non -Ad Valorem Assessment Roll for Solid Waste Inclusion on the Orange County Tax Roll for Fiscal Year 2021/2022. (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 2021/2022 tax roll for Solid Waste calculates revenue to be $3,784,284 45 This is based upon the residential Solid Waste fee which has been increased 1 4% per adopted Resolution No. 2019-013 from $267 70 to $271 45 annually This is an increase of $150,524.65 from the current year and is attributed to the rate increase, annexations and new homes. 6 Approval of Certification of Non -Ad Valorem Assessment Roll for Stormwater Inclusion on the Orange County Tax Roll for Fiscal Year 2021/2022. (Public Works Director Krug) The City Commission approved Resolution No 2006-003 to provide for collection of stonnwater 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 2021/2022 tax roll for Stormwater calculates revenue to be $3,602,764.95 This is an increase of $22,754 09 from the current year and is attributed to annexations, new homes and commercial development. 7 Approval for the Granting a 10 Foot Easement on the New City Hall Site to Duke Energy (Utilities Director Croteau) To serve the new City Hall site, Duke Energy has requested a 10 foot easement to install their electrical lines. The lines will run in along Oakland Avenue on the north side of the property, and then run south along the eastern edge of the project site to McKey Street where the transformer for the building will be set. The easement and power lines are needed to serve the new City Hall. However, to help ensure continuous power, Duke will be running from the new City Hall transformer north along the same easement to connect to a three-phase cabinet at the Lakeshore Center, looping the power system. 8 Notification of Emergency Purchase with Veolia Water for New Rotor Shaft at the Wastewater Treatment Plant. (Utilities Director Croteau) In the process of changing out the City's Oxidation Ditch Rotor #3 (previously approved as an emergency purchase), the City staff and contractor recognized a structural failure of the existing rotor shaft and determined replacement of the unit was required in order to ensure proper operation of the unit. Veolia was able to overnight a new unit and it was immediately installed, so that the gearbox installation was only delayed by one (1) day The rotor shaft was installed when the plant was originally built. PUBLIC HEARING - None FIRST READING OF ORDINANCE 9 First Reading of Ordinance Regulating the Retail Sale of Dogs, Cats and Rabbits by Pet Stores. (Second Reading and Public Hearing scheduled for September 21, 2021, Regular Commission Meeting at 6 IS pm or soon thereafter) (City Attorney Cookson) On June 24, 2021, the Board of County Commissioners of Orange County enacted an ordinance prohibiting the retail sale of dogs, cats and rabbits in Orange County The Orange County Charter specifically provides no county ordinance shall be effective within a municipality if the municipality maintains an ordinance covering the same subject matter or activity as the County Ordinance. City Staff has determined that the existing "Chews A Puppy" pet store within the City of Ocoee is engaged in the retail sale of dogs, cats and rabbits and, absent this proposed Ordinance, would be prohibited from engaging in the retail sale of dogs, cats and rabbits. The proposed ordinance would create a limited exemption for the existing Chews A Puppy pet store to continue operating within the City provided, however, it operates under the same brand, business model, size, and in 2 1 P a g e Regular City Commission September 7, 2021 compliance with all other applicable existing City regulations. All other pet stores within the City will be prohibited from engaging in the retail sale of dogs, cats and rabbits as of the effective date of the ordinance. 10 First Reading of Ordinance Implementing a Temporary Moratorium on Processing Applications for Self -Storage within the C-3 (General Commercial) and 1-1 (Restricted Manufacturing and Warehousing) Zoning Districts. (Second Reading and Public Hearing scheduled for September 21, 2021, Regular Commission Meeting at 6.15 pm or soon thereafter) (Development Services Director Rumer) The Development Services Department has received numerous inquiries and requests to meet regarding new Self -Storage facilities within the City's C-3 (General Commercial) and I-1 (Restricted Manufacturing and Warehousing) zoning districts. In keeping with the City's visions of providing opportunities for amenities such as restaurants, shopping, mixed -use centers, and employment for its 50,000 residents, a review of the developable land and carrying capacities of self -storage facilities is essential to fulfilling the vision. Currently, the City has 11 self -storage facilities that are operating, under development, or recently approved. Self -storage facilities are unique in that they tend to be large buildings that generate low utility consumption, low traffic trips, and also generate low employment. A moratorium on self -storage facilities will allow time for staff to facilitate a study on the optimum carrying capacity of units based on current and future populations to better assess future projects and better understand the tradeoffs for having self -storage on a parcel that may be better suited for retail or restaurants based on the City's vision. SECOND READING OF ORDINANCE — PUBLIC HEARING 11 Second Reading of Ordinance to Renew the Franchise Agreement with Duke Energy (Advertised in the West Orange Times on Thursday, August 12, 2021, August 19, 2021, August 26, 2021 and Thursday, September 2, 2021) (City Attorney Cookson) The Proposed Ordinance is a renewal of the Franchise Agreement between the City and Duke Energy for a term of ten (10) years. Duke Energy originally wanted a thirty (30) year term, but they have agreed to a ten (10) year term. The franchise granted by this Proposed Ordinance may be renewed by the City for up to two (2) successive five (5) year periods. Each renewal requires that the City provides notice of an election to renew at least six (6) months prior to the end of the term. The City shall be entitled to receive from Duke Energy a monthly franchise fee in an amount that will equal six (6%) percent of Duke Energy's Base Revenues for the preceding month (the "Franchise Fee"). The Franchise Agreement contains a "Favored Nations" clause — in the event Duke Energy negotiates a franchise fee with another municipality that is greater than the Franchise Fee with the City, we have the right to increase the Franchise Fee to match the franchise fee applicable to the other municipality REGULAR AGENDA -None COMMENTS FROM CITIZENS/PUBLIC COMMENTS FROM COMMISSIONERS ADJOURNMENT CITY COMMISSION ANNOUNCEMENTS MEETING (Starting the later of 6 45 pm or 5 minutes following the adjournment of the City Commission Meeting) During the City Commission Meeting, members of the City Commission are given limited time to make announcements. The purpose of this additional meeting is to give the Mayor and City Commissioners time to make additional announcements that were not made as part of the City Commission Meeting. No formal actions on matters will be taken during this meeting. No discussions regarding matters that may come before the City Commission at a future City Commission Meeting should be addressed during this meeting. As the purpose of the meeting is for the sharing of general announcements by members of the City Commission that are City-wide or District -wide, no public discussion/input is requested during this meeting. One or more members of the City Commission may (but are not required to) attend this meeting. In the event the members of the City Commission have no further announcements and/or choose not to attend this meeting, there will be no meeting. 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. 3 1 P a g e