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HomeMy WebLinkAbout10-05-2021 Agenda OCOEE CITY';COMMISSION Ocoee Commission Chambers 150 North Lakeshore.Drive Ocoee,Florida OCTOBER 5, 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 Community Planning Month—October 2021 (Mayor Johnson) 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 September 21, 2021. (City Clerk Sibbitt) 2. Approval of Second Amendment to Development Agreement for Wal-Mart. (Development Services Director Rumer) As part of the initial development approval process for the existing Wal-Mart Supercenter and associated outparcels, the City and Wal-Mart entered into several recorded agreements in order to evidence their mutual agreement as to the future development of the project.Each of the recorded agreements have been subsequently amended by the parties over the years to document modifications to the development plan.On March 25,2021, the City approved a Small-Scale Site Plan to allow for the addition of a Health Clinic to the existing Wal-Mart Supercenter. The modifications to the existing Wal-Mart Supercenter approved as part of the Small-Scale Site Plan necessitates a further amendment of the Development Agreement to adjust the parking ratios set forth in the waiver table. The adjustment in parking will go from 4.66 parking spaces per 1,000 of gross floor area to 4.30 parking spaces and 5.99 parking spaces per gross leasable area to 5.61 spaces. 3. Approval of Fourth Agreement for Modification of Wal-Mart Master Signage Plan. (Development Services Director Rumer) The City of Ocoee has previously approved development plans which called for the development of a Wal- Mart Supercenter on Lot 1 and various commercial uses on Lots 2-6 of the Wal-Mart of Ocoee Plat.As part of the development approval process, the City approved a Master Signage Plan. The Master Signage Plan was amended in July of 2017 for the third time.On July 8,2021,the City issued a building permit for the Wal-Mart Supercenter to incorporate signage for the new Health Clinic and also update the overall signage to match Wal- Mart's current branding efforts. These modifications to the existing signage necessitate a further amendment of the Signage Agreement to update the Master Sign Plan that is incorporated therein.The Fourth Modification does not increase the overall square footage allowed and therefore was determined to be non-substantial. Regular City Commission October 5, 2021 4. Approval of a Two-Year Warranty Surety and Maintenance, Materials, and Workmanship Agreement with Shine Ocoee LLC for Vermeer Phase 1. (Development Engineer Keaton) Vermeer Phase 1 is located on the west side of Ocoee Apopka Road and the north side of Palm Drive on the northwest corner of Ocoee Apopka Road and Palm Drive. The property consists of(1) 8,000 square foot two- story office/retail building and(1) 11,723 square foot equipment assembly shop. 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, Shine Ocoee LLC,has provided the City with an Escrow in the amount of 10%of the constructed improvements.The Escrow provided is for a grand total of$32,510.00. The Maintenance, Materials, and Workmanship Agreements 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. 5. Approval for Extension of School Resource Officer Agreement with Orange County Public Schools. (Police Chief Plasencia) The Ocoee Police Department provides to Orange County Public Schools a total of nine officers and one supervisor: five School Resource Officers for five elementary schools,two School Resource Officers for one middle school, and two School Resource Officers for one high school, all of which are located within the City of Ocoee.An agreement between the City and the School Board of Orange County is required in order for the Police Depai tnient to delineated officers'responsibilities and for the City to be reimbursed by the School Board of Orange County for a portion of the officers' and a supervisor's salaries. Previously, this Agreement was in effect from July 1, 2019, to June 30, 2021. The Police Department, in consultation with the City Attorney's Office,is requesting a Revised Agreement to extend the previous agreement for a one-year period.This Revised Agreement will commit the School Board of Orange County to pay for reimbursement of$50,000 for one supervisor and$50,000 per School Resource Officer for the 2021/2022 school year. 6. Approval to Award ITB #21-009 Asphalt Paving Projects for FY 2021. (Procurement Manager Tolbert) The City of Ocoee, Florida (City) solicited bids from qualified contractors to furnish labor, supervision, materials, equipment, supplies and incidentals for the asphalt paving projects for fiscal year 2021, for the milling and resurfacing of Maguire Road(South—Turnpike Bridge to Roberson Road),Waterside Subdivision Roads, Weston Park Subdivision Roads, Fire Station 38 Drives (Vignetti Park), and Maguire Road (North - From RxR Crossing to Franklin Street). The overall work incorporates approximately 5.4 miles of roadway resurfacing.The bid was publicly advertised on August 15,2021,and opened on September 21,2021.The City received five (5) bids for this project; however, two bids were considered non-responsive or either failure to use the revised bid form or for numerous mathematical errors.All bids are available in the Finance Department for review. The Public Works and Finance Dept tuients reviewed the three responsive bids received ranging from$878,450.00 to $ 979,074.09. Staff recommends awarding the bid to Middlesex Paving LLC as the most responsive and responsible bidder. 7. Approval of Change Order No. 4 for Fullers Cross Road and Ocoee Apopka Intersection Improvements. (Public Works Director Krug) The Commission awarded the Construction Manager at Risk contract for the Fullers Cross Road and Ocoee Apopka Road Intersection Improvements at the September 17,2019 meeting to Oelrich Construction,Inc.The original Final Engineering Construction Plans from VHB did not include cross-sectional details of the proposed roadway pavement overbuild thickness. During construction it was discovered that the amount of asphaltic overbuild would exceed 14 inches in certain sections of Ocoee Apopka Road which would vastly increase the overall cost of the project.In order to reduce the amount of asphalt needed for the project,Public Works Staff performed value engineering on the proposed roadway profile and provided cross-sectional details every fifty feet. The redesigned roadway eliminated the need for asphalt overbuild on Ocoee Apopka.An additional 118 calendar days are required due to the delay caused by the conflict. The project will be complete on October 29th while the fmal completion date is December 8th.The cost of the change order is$111,915.50,which will bring the total cost of the contract to$2,360,045.87 with the change order to be funded from City Road Impact Fees. Regular City Commission October 5, 2021 8. Approval of Interlocal Agreement between Orange County and the City of Ocoee regarding Improvements to the Intersection of Ingram Road, Lake Meadow Road and Clarcona-Ocoee Road. (Public Works Director Krug) Following Commissioner Oliver's meetings with Orange County Commissioner Moore concerning adding a traffic signal on Clarcona-Ocoee Road at the intersection of Ingram Road, City Staff has been working to finalize the interlocal agreement for the project. The project design has been completed by the County. The City Manager has discussed the draft agreement with the County Administration, and the County has agreed to drop the requirement for the City to take over maintenance of the new signal. While we wait for the revised agreement, Public Works is requesting the Commission approve the draft agreement with the condition the maintenance portion will remain with the County, and upon receipt of the revised agreement, authorize the Mayor and City Staff to execute the revised agreement following City Attomey's review and City Manager's approval. The project is adequately funded through Road Impact Fees. PUBLIC HEARING 9. Ocoee Village(Franklin Street) Preliminary Site Plan (Revision); Project No. LS-2021- 006. (Advertised in the West Orange Times on Thursday, September 23, 2021) (Zoning Manager Whitfield) The Ocoee Village project is located on Franklin Street/SR 438, east of SR 429. The parcel number for the project is 18-22-28-0000-00-025. This project proposes to construct two (2)mixed-use retail/office buildings on approximately 5.77 acres. The site is currently undeveloped. A Preliminary Large Scale Site Plan was approved on June 6, 2017. The plan proposed mixed-use commercial and office buildings consisting of four (4)buildings totaling over 88,000 sq. ft. The subject site is currently zoned"Community Commercial"(C-2). The Future Land Use designation for the subject site is "Commercial." The owner is requesting a revision to the previously approved Ocoee Village Preliminary Large Scale Site Plan(PSP).The revised site plan provides two (2) Two-Story Buildings with 72,712 SF for office/retail. The buildings will be constructed as tilt-wall structures with paring on all four sides.The entrances to Franklin Street will remain the same. FIRST READING OF ORDINANCE 10. First Reading of Ordinance for Aplausos LLC at 113 W.Oakland Avenue—Small Scale Comprehensive Plan Future Land Use Map Amendment and Rezoning to Commercial; Project No(s). CPA-2021-005 & RZ-21-08-28. (Second Reading and Public Hearing scheduled for October 19, 2021, Regular Commission Meeting at,6:15 pm or soon thereafter) (Zoning Manager Whitfield) The subject property is approximately 0.29 acres in size and is located at 113 West Oakland Avenue on the north side of West Oakland Avenue, approximately 150 feet west of North Cumberland Avenue. It is within the City's Downtown Redevelopment Area Overlay.The applicant is requesting a Comprehensive Plan Future Land Use Map Amendment (CPA) to convert the property from Low-Density Residential (LDR) to Commercial (COMM) and a corresponding rezoning of the property from R-1AA (Single-Family Dwelling District)to C-2(Community Commercial District)zoning classification in order to allow for the development of commercial, office and a variety of residential uses or mixed land uses. The proposed CPA and rezoning would allow for the opportunity for commercial, residential, live/work, and mixed uses to help stimulate economic activity near the City's downtown core and,as such, are consistent with and support the goals of the City's Downtown Redevelopment Area Overlay. The proposed map amendment and rezoning are not anticipated to have adverse impacts on existing or planned public infrastructure. Therefore, staff supports the proposed Small-Scale Comprehensive Plan Future Land Use Map Amendment and Rezoning. FIRST READING OF ORDINANCE —PUBLIC HEARING 11. First Reading of Ordinance for Property Rights Element (BB 59) — Comprehensive Plan Text Amendment to Create New Element; Project No. CPA-2021-004. (Advertised in the West Orange Times on Thursday, September 23, 2021.Date of Second Reading Contingent on Approval of DEO) (Zoning Manager Whitfield) House Bill 59 was signed into law on June 29,2021 and became effective as of July 1,2021. HB 59 has been codified into Chapter 2021-195 of the Laws of Florida and amended Section 163.3177(6), Florida Statutes (ES.), to add a new subsection (i) to require a new property rights element within the comprehensive plan. Regular City Commission October 5, 2021 Specifically, Section 163.3177(6)(i), F.S., was added to require that"in accordance with the legislative intent expressed in ss. 163.3161(10) and 187.101(3) that local government entities respect judicially acknowledged and constitutionally protected private property rights,each local government shall include in its comprehensive plan a property rights element to ensure that private property rights are considered in local decision-making." Section 163.3177(6)(i)1,F.S.,further states that local governments may adopt its own property rights element or use the statement of rights provided in statutes;however,should the local government adopt its own element, such element may not conflict with the statement of rights provided in Section 163.3177(6)(i)1,F.S. Therefore, and per additional guidance provided by the Florida Department of Economic Opportunity(FDEO), staff has prepared the proposed Ordinance utilizing the statement of rights directly from Section 163.3177(6)(i), F.S., and purpose and intent language from Section 163.3161(10),F.S. SECOND READING OF ORDINANCE—PUBLIC HEARING 12. Second Reading of Ordinance to Amend Article III, Chapter 1 in the Code of Ordinances, Creating a Fingerprinting Fee and Adopt a Resolution Establishing a Fee. (Advertised in the West Orange Times on Thursday, September 23, 2021) (Police Chief Plasencia) The First Reading of Ordinance was read at the September 21, 2021 City Commission meeting. The Ocoee Police Department's administrative staff provides the service of fmgerprinting to citizens of Ocoee and non- residents at a maximum cost of five dollars ($5.00)on Fridays from 9:00 AM to 12:00 PM.The fingerprinting service is used by individuals who require fingerprinting for employment, immigration, concealed weapons permits,business licensing,adoption,etc. Staff has researched the fees charged by other municipalities and has found that there is no local law enforcement agency in or around Orange County which provides fingerprinting services to non-residents free of charge. Most law enforcement agencies also charge residents a fee for fingerprinting services. By establishing an ordinance providing for a fee for fingerprinting services, the Police Department can recover some of the costs associated with providing this service to residents. The proposed amount of the fee is twenty-five dollars($25.00)to non-Ocoee residents and ten dollars($10)to residents. a) Second Reading of Ordinance b) Resolution Establishing a Fee (Not a Public Hearing) 13. Second Reading of Ordinance to Repeal Chapter 15 of the Code of Ordinances and Adopt a Resolution to Reestablish the Parks and Recreation Advisory Board. (Advertised in the West Orange Times on Thursday, September 23, 2021) (City Clerk Sibbitt) The First Reading of Ordinance was read at the September 21,2021 City Commission meeting. Chapter 15 of the Code of Ordinances entitled"Parks and Recreation Advisory Board"was originally adopted by Ordinance No. 908 on September 9, 1986. Since that time advisory boards have been adopted by resolution in order to revise the bylaws without amending the City Code, which entails a first and second reading,publishing an ad in the newspaper and amending the City Code with Municode. Staff finds that it is in the best interest of the City to establish a Parks and Recreation Advisory Board by resolution to allow for the revision of the Parks and Recreation Advisory Board bylaws, from time to time, without the need to amend the City Code by ordinance. 14. Second Reading of Ordinance for Starbucks Ocoee - Substantial Amendment to the Approved PUD for Fountains West PUD; Project No: RZ-21-07-26. (Advertised in the West Orange Times on Thursday, September 23, 2021) (Zoning Manager Whitfield) The First Reading of Ordinance was read at the September 21,2021 City Commission meeting.Fountains West PUD property is located on the northeast corner of the intersection of West Road and Ocoee-Apopka Road. The property encompasses approximately 43.03 acres of land of which approximately 4.73 acres was designated as wetland/conservation and was dedicated to the City. Additionally, as part of the onsite wetland mitigation, 1.1 acres was dedicated to the City as a Public Trail. The approved PUD created eight (8) commercial lots of which there is one lot undeveloped(Lot 2). The original PUD was approved with a Drive- In Restaurant permitted on Lots 3 -7. During the discussion and approval of the Development Agreement for the PUD, the City Commission amended the permitted uses for Lot 3 by removing "Drive-in" Restaurants. Subsequent to that approval,McDonalds applied for a restaurant with their customary drive-thru on Lot 2 and was denied based on the drive-thru location. The applicant, Starbucks Coffee, is proposing a land-use change that will allow Lot 3 to construct a new Starbucks coffee shop with two(2)drive-thru lanes at the former Fifth Third Bank site. REGULAR AGENDA -None Regular City Commission October 5, 2021 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.