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HomeMy WebLinkAboutItem 01 Approval of the Minutes for the Final Budget Hearing held September 22, 2021, and the Regular City Commission Meeting held October 5, 2021 Final Budget Hearing OCOEE CITY COMMISSION Ocoee Commission Chambers 150 North Lakeshore Drive,Ocoee,FL September 22,2021 MINUTES 6:00 P.M. I. CALL TO ORDER A. Invocation and Pledge of Allegiance Mayor Johnson called the final budget hearing to order at 6:00 PM in the Commission Chambers of City Hall. The invocation was led by Mayor Johnson followed by the Pledge of Allegiance to the Flag. B. Roll Call and Determination of Quorum - 6:02 PM City Clerk Sibbitt called the roll and declared a quorum present. Present: Commissioner Brinson,Commissioner Wilsen,Mayor Johnson,Commissioner Firstner, Commissioner Oliver Also Present: City Manager Frank, City Attorney Cookson, City Clerk Sibbitt, Finance Director Roberts II. PUBLIC HEARING A) Announcement by Mayor Johnson Mayor Johnson announced this is an advertised public hearing to adopt a final millage rate and finalize the budget for the City of Ocoee for the Fiscal Year 2021-2022 commencing October 1, 2021, and ending September 30, 2022. The City Commission has previously approved a tentative millage rate of 5.05 mills, which represents a 1.25 % increase in millage over the roll- back rate of 4.9879 mills. The advertised tentative millage rate of 5.15 mills is the maximum millage rate which may be adopted by the City Commission at this Final Budget Public Hearing tonight. He then asked the Director of Finance to make a brief presentation. B) Briefing by Director of Finance on the percentage increase in millage under the rolled-back rate necessary to fund the budget and the specific purpose for which ad valorem tax revenues are being increased. Chief Accountant Pierre announced there were no changes made to the budget subsequent to the first budget hearing. The total budget for the City of Ocoee is $121,480,347. The General Fund Budget is $78,712,989 and is balanced at 5.05 mills, which is .10 mills lower than the tentative millage rate of 5.15 initially approved by the City Commission. The difference between 5.05 mills and the roll-back rate is .0621 mills, $212,851 or 1.25%. Ad-Valorem taxes are used to finance City operations, which includes providing quality City services, maintaining City infrastructure through capital projects, and funding salaries for City employees as required to provide services. Final Budget Hearing September 22, 2021 1. Comments by Citizens - 6:04 PM Mayor Johnson opened the floor for public comments. No speaker reservation forms were received; therefore, the public hearing was closed. 2. Comments by Commissioners - 6:05 PM Commissioner Brinson shared he hoped to give to the Ocoee Youth Council (OYC)$3000,which is left over from his discretionary funds, and inquired if funds could be rolled over into the next fiscal year. Finance Director Roberts addressed his question, and advised the City Commission will need to give approval for operating funds to roll-over into the next fiscal year. Commissioner Wilsen voiced her concern about starting a precedent as all advisory boards have budgeted funds, and they are not allowed to roll their unused funds over. Discussion ensued on the OYC Program and OYC Coordinator budgeted funds. Commissioner Brinson inquired about using discretionary funds to install speed limit signs within his district. City Manager Frank addressed his question, and explained that the City Commission has $145,000 in next year's budget that is not accounted for, and he recalled there was a consensus of the Commission that some of those funds could be used to go toward speed signs on Clarcona Ocoee Road. He shared it would be appropriate to make a motion to put $25,000 aside into the Public Works Department budget for the purchase of two speed signs. Motion: Move to amend the tentative budget of the City of Ocoee as follows: allocate $25,000 from the unaccounted $145,000 in Contingency Funds into the Public Works Department budget for the purchase of two speed signs; Moved by Commissioner Brinson, Seconded by Commissioner Wilsen. Motion passed 5-0. Mayor Johnson inquired about the speed tables on Geneva Street. Finance Director Roberts advised that funding was added into the budget for two speed tables on Geneva Street. Brief discussion ensued about additional speed tables and flashing signs. Motion: Move to amend the tentative budget of the City of Ocoee as follows: allocate $10,000 from the unaccounted Contingency Funds into the Public Works Department budget for the purchase of additional speed tables; Moved by Commissioner Wilsen, Seconded by Commissioner Firstner. Motion passed 5-0. Motion: Move to amend the tentative budget of the City of Ocoee as follows: roll- over Commissioner Brinson's discretionary funds ($3,000) from FY 2020-2021 into the OYC budget for FY 2021-2022; Moved by Commissioner Brinson, Seconded by Mayor Johnson. After a lengthy discussion on board funds; Motion failed 1-4 with Commissioner Brinson, Commissioner Wilsen, Mayor Johnson, and Commissioner Firstner opposing. Wage Final Budget Hearing September 22,2021 Brad Lomneck,Ocoee Resident,asked if funding for the CACOPD and CACOFD could be raised from $1000 to $2000 so they have sufficient funds for quarter awards and board shirts. Commissioner Oliver shared that he agreed with this request and also suggested next fiscal year that he present these types of requests to the City Manager before the Budget Workshops. Discussion ensued about increasing funding for advisory boards. Motion: Move to amend the tentative budget of the City of Ocoee as follows: allocate up to $10,000 from the unaccounted Contingency Funds to be distributed into the budget of any advisory board with funds below $2,000; Moved by Commissioner Wilsen, Seconded by Commissioner Firstner. Motion passed 5-0. Jim Moyer, Ocoee Resident, commented on having adequate signage to point citizens to the new City Hall. Mayor Johnson addressed his question, and advised that signage design is currently under review. C) Amendments to the Proposed Tentative Budget—See above amendments D) Announcement by Director of Finance of the proposed final millage rate and the percent by which the proposed millage rate exceeds the rolled-back rate. This percentage is the proposed final percentage increase in property taxes. Finance Director Roberts shared, based on discussion this evening $45,000 will be moved from Contingency Funds to the approved line items thus leaving $100,000 of unaccounted funds remaining for the City Commission to distribute. Chief Accountant Pierre announced that the proposed final millage rate is 5.0500 mills,which is a 1.25 % increase in property taxes. E) Adoption of Final Millage Rate- 6:44 PM City Attorney Cookson announced the name of the taxing authority is the City of Ocoee. The rolled-back millage rate is 4.9879 mills. The percentage by which the proposed millage rate exceeds the rolled-back rate is 1.25%. The millage rate proposed by the Ordinance is 5.05 mills. City Attorney Cookson read the title of the ordinance. The ordinance as adopted carries the following title: ORDINANCE NO.2021-050 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ESTABLISHING A FINAL MILLAGE RATE OF 5.05 MILLS FOR AD VALOREM TAXES FOR THE CITY OF OCOEE FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2021, AND ENDING SEPTEMBER 30, 2022; PROVIDING FOR MILLAGE ADJUSTMENT; PROVIDING FOR COLLECTION OF TAXES; PROVIDING FOR 1.25% INCREASE IN MILLAGE RATE OVER THE ROLLED-BACK RATE; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. 3IPage Final Budget Hearing September 22, 2021 1. Comments by Citizens - 6:45 PM Mayor Johnson opened the floor for public comments by citizens. No speaker reservation forms were received; therefore, the public hearing was closed. 2. Comments by Commissioners on Final Millage Rate- 6:46 PM Commissioner Wilsen thanked all the staff involved in this process, and for the great services provided. Commissioner Brinson shared the last year has been a challenge due to COVID, and thanked all staff for a remarkable job. Mayor Johnson reiterated the same sentiments as Commissioner Wilsen and Commissioner Brinson. 3. Motion to Adopt Ordinance No. 2021-050, Setting Final Millage Rate (TIME: 6:48 PM) Motion: Move to adopt Ordinance No. 2021-050 setting a final millage rate of 5.05 mills for the fiscal year beginning October 1, 2021, and ending September 30, 2022; Moved by Commissioner Brinson, seconded by Commissioner Wilsen. Motion carried 5-0. F) Adoption of Final Budget- 6:49 PM City Attorney Cookson read the title of the ordinance. The ordinance as adopted carries the following title: ORDINANCE NO.2021-051 AN ORDINANCE OF THE CITY OF OCOEE, ORANGE COUNTY, FLORIDA, ADOPTING A FINAL BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2021, AND ENDING SEPTEMBER 30, 2022; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. 1. Comments by Citizens -6:49 PM '! Mayor Johnson opened the floor for public comments by citizens. No speaker reservation forms were received; therefore, the public hearing was closed. 2. Comments by Commissioners on Final Budget- 6:49 PM No additional comments were made. 4_I_Page. Final Budget Hearing September 22, 2021 3. Motion to Adopt Ordinance No. 2021-051,Adopting Final Budget (TIME: 6:50 PM) Motion: Move to adopt Ordinance No. 2021-051, approving a final budget for the Fiscal Year beginning October 1, 2021, and ending September 30, 2022; Moved by Commissioner Oliver, Seconded by Commissioner Brinson. Motion passed 5-0. III. ADJOURNMENT The meeting was adjourned at 6:50 PM. APPROVED: Attest: City of Ocoee Melanie Sibbitt, City Clerk Rusty Johnson, Mayor 5IPage MINUTES REGULAR CITY COMMISSION MEETING OCTOBER 5,2021 CALL TO ORDER- 6:16 PM Mayor Johnson called the regular session to order at 6:16 PM in the Commission Chambers of City Hall. The invocation was led by Mayor Johnson, followed by the Pledge of Allegiance to the Flag led by Commissioner Wilsen. City Clerk Sibbitt called the roll and declared a quorum present. Present:Mayor Johnson,Commissioner Brinson,Commissioner Wilsen,Commissioner Firstner, Commissioner Oliver Also Present: City Manager Frank, City Attorney Cookson, City Clerk Sibbitt PRESENTATIONS AND PROCLAMATIONS - 6:18 PM Proclamation for Community Planning Month — October 2021 proclaimed by Mayor Johnson. STAFF REPORTS AND AGENDA REVIEW-None COMMENTS FROM CITIZENS/PUBLIC - None CONSENT AGENDA- 6:18 PM Consent Agenda Motion Motion: Move to adopt the Consent Agenda Items #1 - #8. Moved by Commissioner Wilsen, seconded by Commissioner Brinson; Motion carried 5-0. 1. Approval of the Minutes for the Regular City Commission Meeting held September 21, 2021. (City Clerk Sibbitt) Approved on Consent. Motion carried 5-0. 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. Approved on Consent. Motion carried 5-0. Regular City Commission Meeting October 5, 2021 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. Approved on Consent. Motion carried 5-0. 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. Approved on Consent. Motion carried 5-0. 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 Department 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. Approved on Consent. Motion carried 5-0. 2IPage Regular City Commission Meeting October 5, 2021 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 Departments 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. Approved on Consent. Motion carried 5-0. 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 final 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. Approved on Consent. Motion carried 5-0. 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 Attorney's review and City Manager's approval. The project is adequately funded through Road Impact Fees. Approved on Consent. Motion carried 5-0. Mage Regular City Commission Meeting October 5, 2021 PUBLIC HEARING - 6:19 PM 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. Zoning Manager Whitfield explained the proposed preliminary site plan revision for the Ocoee Village project,which is located on Franklin Street/SR 438,east of SR 429.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 SF. 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 public hearing was opened. As no speaker forms were received, the public hearing was closed. Brian Denham, PE, Denham Engineering, 7602 Ficquette Road, Windermere, shared he is available to answer any questions. Commissioner Brinson inquired about the development to the north, and if this project would impact that property. Mr.Denham addressed his question,and explained they have increased the buffer to that northern development from 61 ft. to 157 ft. He further shared additional revisions made to the project. Commissioner Wilsen inquired if the development would be affected with the entrance to the 429 being so close. Mr. Denham addressed her question, and explained the access entrance to the 429 will be moved further east, and a light will be added. He further shared information on the discussions he had with FDOT and the improvements that will occur. City Attorney Cookson read the title of the ordinance. Motion: Move to approve Ocoee Village (Franklin Street) Preliminary Site Plan (Revision); Project No. LS-2021-006; Moved by Commissioner Firstner, seconded by Commissioner Brinson; Motion carried unanimously. 4Ii' _ Regular City Commission Meeting October 5, 2021 FIRST READING OF ORDINANCE—6:30 PM 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. City Attorney Cookson read the title of the Ordinances. Mayor Johnson announced that this will be presented as a second reading and public hearing at the next scheduled City Commission meeting on October 19,2021,at 6:15 PM or soon thereafter. FIRST READING OF ORDINANCE—PUBLIC HEARING - 6:32 PM 11. First Reading of Ordinance for Property Rights Element (HB 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 ofSecond 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 (F.S.), to add a new subsection (i)to require a new property rights element within the comprehensive plan. 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. City Attorney Cookson read the title of the Ordinance. The public hearing was opened As no speaker forms were received, the public hearing was closed Wage Regular City Commission Meeting October 5, 2021 Motion: Move for Transmittal of Ordinance No. 2021-054 to create a new Property Rights Element to the Florida Department of Economic Opportunity and other reviewing agencies, if applicable, for review and comment; Moved by Commissioner Oliver, seconded by Commissioner Firstner; Motion carried unanimously. This item will be presented as a second reading and public hearing at a date to be determined contingent on approval of the DEO. SECOND READING OF ORDINANCE —PUBLIC HEARING- 6:34 PM 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 fingerprinting 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) Police Chief Plasencia explained the proposed ordinance and resolution. By establishing an ordinance stipulating 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) to non-Ocoee residents, and ten dollars ($10)to residents. City Attorney Cookson read the title of the ordinance and resolution. The public hearing was opened. As no speaker forms were received, the public hearing was closed. Commissioner Brinson asked for clarification on the proposed amount being established. City Attorney Cookson addressed his question. Motion: Move to adopt Ordinance No. 2021-048 Amending Article Ill, Chapter 1 in the Code of Ordinances, creating a Fingerprinting Fee; Moved by Commissioner Wilsen, seconded by Commissioner Brinson; Motion carried unanimously. Wage Regular City Commission Meeting October 5, 2021 The public hearing was opened. As no speaker forms were received, the public hearing was closed. Motion: Move to adopt Resolution No. 2021-010 Establishing a Fingerprinting Fee; Moved by Commissioner Wilsen, seconded by Commissioner Brinson; Motion carried unanimously. 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. City Attorney Cookson read the title of the ordinance and resolution. The public hearing was opened As no speaker forms were received, the public hearing was closed Motion: Move to adopt Ordinance No. 2021-052 Repealing Chapter 15 of the Code of Ordinances; Moved by Commissioner Oliver, seconded by Commissioner Firstner; Motion carried unanimously. Motion: Move to adopt Resolution No. 2021-011 Re-establishing the Bylaws for the Parks and Recreation Advisory Board; Moved by Commissioner Wilsen, seconded by Commissioner Brinson; Motion carried unanimously. 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 comer 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. 71Page Regular City Commission Meeting October 5, 2021 Zoning Manager Whitfield explained the proposed substantial amendment. 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. She further explained the previous land use plan from 2006 and the permitted uses granted at that time. Zoning Manager Whitfield explained staff recommends approval of an ordinance for a Substantial Amendment to Lot 3 of Fountains West PUD to allow a Starbucks restaurant with a drive-thru;and further,requests the City Commission condition the approval to the Starbucks and Starbucks Small Scale Site plan provided, and that any other proposed fast food or fast casual restaurant on Lot 3 would require an amendment to the PUD. City Attorney Cookson read the title of the ordinance. The public hearing was opened As no speaker forms were received, the public hearing was closed Bob Ziegenfuss,PE, Applicant, Z Development Services, 708 E. Colonial Drive, Orlando, stated he is available to answer any questions. Motion: Move to adopt Ordinance No. 2021-053 Substantial Amendment to the Approved PUD for Fountains West PUD for Starbucks Ocoee; Project No: RZ-21- 07-26 per staff's recommendation; Moved by Commissioner Brinson, seconded by Commissioner Wilsen; Motion carried unanimously. REGULAR AGENDA-None COMMENTS FROM CITIZENS/PUBLIC - 6:48 PM 1 The following persons addressed the City Commission: - Tim Alcuri, Ocoee Resident, shared concerns about traffic safety issues on Hackney Prairie Road. He further shared an incident where police were called, but felt not enough was done to properly address the issue. Police Chief Plasencia addressed his concerns, and further shared that speeding is a huge problem throughout Central Florida. Mayor Johnson requested a patrol car solely dedicated to speeding. Police Chief Plasencia addressed his request. Commissioner Oliver requested to have the traffic statistic that Police Chief Plasencia verbally shared with them emailed to the Commission. Commissioner Brinson recommended a speeding awareness campaign to help address and educate citizens about speeding concerns. City Manager Frank shared he will meet with the Chief to discuss traffic calming solutions. - Melissa Myers, Ocoee Resident, shared her concerns about the traffic issues on Hackney Prairie Road and suggested using Home Rule to override FDOT Rules & Regulation to install speed tables along Hackney Prairie Road. City Manager Frank addressed her request. - Jim Moyer, Ocoee Resident, shared information from an article written in the Orlando Sentinel regarding the recently adopted Orange County Pet Ordinance. He then shared Wage Regular City Commission Meeting October 5,2021 that he has been working with American Legion to provide support for a Pearl Harbor Day event in Ocoee. - Norine Dworkin,Journalist, shared she is still in pursuit of a response about her public records request regarding COVID pay. City Manager Frank shared with the Commission that her public records request has been satisfied. He further shared that the information she is seeking can be found within the provided documents. COMMENTS FROM COMMISSIONERS - 7:10 PM Commissioner Wilsen—Commented on the following: 1) Shared that each Elected Official received $10,000 in their budget for the current fiscal year. She explained they have the discretion to purchase items for their district as they see fit. She reminded the Commission of the blinking speed deterrent signs she purchased during the last fiscal year, and shared that she intended to purchase another. She then encouraged others to do the same for their districts. Commissioner Oliver—Commented on the following: Requested clarification on the time limit for Elected Officials during Commissioner Comments, and inquired if a policy had been put in place. City Attorney Cookson shared that a 10-minute allocation was given to each Elected Official to provide comments or announcements. He further shared that if an item requires a discussion it should be brought to the City Manager's attention and placed on an upcoming Agenda. He explained that this process informs the public of an upcoming discussion, and allows them to attend the meeting, or provide feedback to the Commission. A brief discussion ensued and it was determined that the current 10-minute restriction would remain in place, and Mayor Johnson clarified that if another Commissioner responds, then the timer could be paused. 1)Encouraged citizens to get involved by volunteering on one of the City's Advisory Boards and announced the current vacancies. 2) Spoke in regard to the traffic concerns on Hackney Prairie Road, and provided a brief video that displayed the concerns residents are experiencing. He then expressed his desire to use Home Rule to supersede current FDOT rules and regulations, and noted that there is money currently available in the budget to place speeding tables along this road immediately. City Manager Frank encouraged the Commission to allow City staff adequate time to research the matter.After a brief discussion Consensus was to place a speed table discussion with direction by Public Works Director Krug on the November 2, 2021, City Commission meeting. 3) Announced that the Interlocal Agreement between Orange County and the City regarding the improvements at the intersection of Ingram Road,Lake Meadow Road,and Clarcona Ocoee Road was approved on the consent agenda tonight. 4) Shared that the Clarke Road Improvement Project is currently in the design phase,and inquired about four specific southbound turn lanes for Orchard Park, Prairie Lakes, Hackney Prairie, and Westchester. City Manager Frank addressed his concern. He then inquired about the next step once the design phase has ended. City Manager Frank explained the next phase. 9IPage Regular City Commission Meeting October 5,2021 5) Inquired about the City's current policy for an employee that tests positive for COVID. City Manager Frank shared that an employee would be required to use PTO if they desire to be paid during that time. 6) Shared a quote. Commissioner Brinson—Commented on the following: 1) Inquired if the HRDB was supporting the Pearl Harbor Day event. Commissioner Oliver addressed his question. 2)Announced that Starbucks is coming to the Publix on West Road. 3) Announced the project at Fullers Cross Road is back under construction and shared that the road is currently closed.He provided the new anticipated completion date,and encouraged drivers to drive carefully and practice patience. 4) Shared the new City Hall is moving along, and encouraged residents to check out the improvements. 5) Reminded residents that school is back in session, and pleaded with all citizens to drive with caution. 6)Encouraged an open dialogue to address traffic safety concerns throughout the City. Mayor Johnson—Commented on the following: 1)Announced the Districting Commission date and time. 2) Announced the Spooktober Event dates & times being hosted by the Parks and Recreation Department. 3) Shared the need for a crosswalk on Lakewood Ave near the Montessori School for children to safely cross the road when walking. City Manager Frank clarified his request to include a painted crosswalk, posted signage, and flashing lights. Consensus was to allow up to $5000 from Contingency Funds to install a crosswalk on Lakewood Ave in front of Innovation Montessori. 4)Announced that Steve McQueen,in partnership with the Ocoee Rotary Club,is looking to hold the Annual Car Show along McKey Street and requested the Commission's approval to close McKey Street. Motion: Move to approve the closure of McKev Street and any other side streets as necessary for an Annual Car show per the approval of a Special Event Permit by City Staff; Moved by Commissioner Brinson, seconded by Commissioner Oliver; Motion carried unanimously. 5) Commented on the many struggles with the Fullers Cross Road improvement project, and announced that it is finally back on track. He then provided the new anticipated completion date. ADJOURNMENT—7:45 PM APPROVED: Attest: City of Ocoee Melanie Sibbitt, City Clerk Rusty Johnson,Mayor 10IPage