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HomeMy WebLinkAbout11-16-2021 Agenda OCOEE CITY COMMISSION Ocoee Commission Chambers 150 North Lakeshore Drive Ocoee,Florida Revised NOVEMBER 16,2021 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—Small Business Saturday—November 27,2021 (Mayor Johnson) Presentation—Traffic Calming on Hackney Prairie Road (Public Works Director Krug) 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 November 2, 2021. (City Clerk Sibbitt) 2. Approval of Reappointments to the Citizen Advisory Council for Ocoee Fire Department. (City Clerk Sibbitt) The terms of Members Penny Christian,Adam Lovejoy,James Orme,Glenn Richardson, Wayne Vaughn, and Christopher West expire November 2021.Members Orme, Richardson and Vaughn have expressed an interest in being considered for reappointment. Members Christian, Lovejoy and West have not shown an interest in being reappointed, and their terms will expire November 30, 2021. Staff respectfully recommends that the Honorable Mayor and City Commissioners consider reappointing Members Orme, Richardson, and Vaughn to serve on the CACOFD Board for another three-year term ending November 2024. 3. Approval of New Appointment to the General Employees' Pension Board of Trustees. (City Clerk Sibbitt) Trustees for the Pension Boards serve four (4) year terms, as amended in Ordinance 2009-020. The City Commission appoints two(2)of the trustees,two(2)are elected from the employee body, and the fifth trustee is chosen by those four(4)trustees and presented to the City Commission for certification of the appointment as a ministerial act. The term of Trustee Jean Grafton expired on September 30, 2021, which has left one seat vacant. An application was received by Tammy Brown who has shown an interest in being appointed to the General Employees' Pension Board of Trustees for a term ending September 30, 2025. At this time no other applications have been received for serving on this board. Regular City Commission November 16,2021 4. Approval of the Large Scale Final Subdivision Plan for Reserve at Lake Meadow PUD. (Development Services Director Rumer) The Reserve at Lake Meadow PUD property is located directly east of Lauren Beth Ave., approximately 3,500 feet to the south of Clarcona-Ocoee Rd.,and 166 feet north of Nicole Blvd.The subject property is approximately 18.58 acres in size. The parcel is currently vacant and undeveloped, with an abundance of vegetation. The property received PUD rezoning on December 1,2020,for 44 lots.The Final Subdivision plan per the approved PUD consists of two(2)lot sizes;40-foot and 50-foot wide lots. One(1)tract of land within the development will be dedicated as an amenity for the residents,with an exercise trail being proposed to the east of the property adjacent to the lake.The project will have access from the middle of the property via a proposed public right-of- way connecting directly to Lauren Beth Ave. 5. Approval of a Two-Year Warranty Surety and Maintenance, Materials, and Workmanship Agreement with David Weekley Homes for Lake Meadow Landing PUD. (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. The subdivision will consist of 79 luxury townhomes. 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, David Weekley Homes has provided the City with a Letter of Credit in the amount of 10%of the constructed improvements. The Letter of Credit provided is for a total of$90,667.10. The Maintenance, Materials, and Workmanship Agreements acts as the executable document between the developer and the City. 6. Approval of a Two-Year Warranty Surety and Maintenance, Materials, and Workmanship Agreement with Shine Ocoee LLC for Heichel Plumbing. (Development Engineer Keaton) Heichel Plumbing is located on the southwest side of Marshall Farms Road,just south of W. Colonial Dr.near the Florida Turnpike onramp. The property consists of(1) 16,500 square foot office/warehouse building. 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 total of$3,657.50. The Maintenance, Materials, and Workmanship Agreements acts as the executable document between the developer and the City. 7. Approval to Accept a Florida Firefighter Cancer Decontamination Equipment Grant for the Purchase of a Vehicle Exhaust Capture System. (Fire Chief Miller) On August 3, 2021, the Honorable Mayor and Commissioners approved the Fire Department to apply for the Florida Firefighter Cancer Decontamination Equipment Grant, which was created within the Division of the State Fire Marshal to help protect the health and safety of firefighters in the State of Florida.The Fire Department applied for the grant to help fund the purchase of a vehicle exhaust capture system for one of its reserve fire engines.The Fire Department was notified the grant application was approved and the City will be awarded the matching(75%/25%)grant upon acceptance.As a part of the award,the Fire Department is responsible for 25% of the total cost($2,697.64).The State contribution is$8,092.92,for a total cost of$10,790.56. 8. Approval of Memorandum of Understanding with Central Florida Internet Crimes Against Children (ICAC) Task Force. (Police Chief Plasencia) The Ocoee Police Department is currently a member of the Internet Crimes Against Children Task Force(ICAC), however an updated MOU is required with new signatures from each agency representative.The purpose of this MOU is to formalize working relationships between participating agencies who agree to work in a collaborative effort to combat technology-facilitated exploitation of children in the State of Florida and nationwide. The ICAC provides an infrastructure of technical assistance, equipment,training and other funding opportunities to meet these goals. 2IPage Regular City Commission November 16, 2021 9. Approval of BJA FY 2021 Edward Byrne Memorial Justice Assistance Grant. (Police Chief Plasencia) The Bureau of Justice Assistance (BJA) offers the Edward Byrne Memorial Justice Assistance Grant Direct (JAG) Program to local governments to support a range of program areas to include law enforcement and technology improvements. The Police Department has submitted a grant proposal to fund an in-car camera project for a traffic vehicle.The traffic vehicle is used to investigate vehicle crashes,enforce traffic laws and to apprehend impaired drivers. Capturing the driving pattern of suspected impaired drivers is essential to the successful prosecution of these cases. The BJA has selected the proposal and awarded the City a grant in the amount of$12,188 to fund the project. 10. Approval of the FDLE Coronavirus Emergency Supplemental Funding Award. (Police Chief Plasencia) On June 20, 2020, the City Commission approved application to the Florida Department of Law Enforcement (FDLE)to apply,and accept if awarded,a Coronavirus Emergency Supplemental Funding(CESF)award from the U.S.Department of Justice to be used to prepare for,prevent,and respond to the coronavirus pandemic.The City was awarded$142,727 under subgrant number 2020-CESF-ORAN-2-C9-008. Subsequent to that approval FDLE advised that there was an additional$50,000 supplement awarded to the Police Department for use under subgrant number 2021-CERF-ORAN-2-5 A-010. 11. Approval of Traffic Signal Capital Improvement Projects with Control Specialists. (Public Works Director Krug) Public Works included the following four(4)traffic signal system maintenance projects in the Capital program in the current budget: 1)Replace damaged mast arm upright on NW corner of Clarke Rd.and SR 50:$25,845.96; Replace span and signal wires at Bluford Ave.and SR 438:$45,780.00;Replace span and signal wires at Clarke Rd. and AD Mims Rd.: $50,905.00;Replace video detection system at Clarke Rd. and White Rd.: $21,970.00. Public Works solicited pricing from the City's Traffic Signal Maintenance Contractor,Control Specialists, for the projects as they will be responsible for maintenance. The quotes are in line with FDOT construction industry pricing. 12. Approval of Code Enforcement Agreement with Town of Windermere with 3.5% Adjustment to Cover the City of Ocoee's Costs. (Support Services Director Butler) The City of Ocoee is willing to continue to provide part-time code enforcement services to the Town of Windermere with a 3.5%increase to cover the City of Ocoee's increased costs.The City of Ocoee will continue to make available to the Town of Windermere one (1) of the City of Ocoee's Code Enforcement Officers to provide code enforcement services within the Town of Windermere for approximately eight(8)hours a week. It is anticipated that the Code Enforcement Officer will perform the services over two(2)4-hour segments on non-consecutive days in each Town;however,the schedule may change depending upon circumstances. If the Town of Windermere would like to use more than the weekly eight(8)hours per week,the Town will pay an overtime rate of$54.53/hour.This is dependent upon the workload of the Code Enforcement Officer. 13. Approval of a Temporary Access and Construction Easement for Ocoee Village Center. (Utilities Director Croteau) The approved Ocoee Village Center project includes construction of a looped watermain with connection to the existing City-owned 8-inch watermain located on the far west side of the Forest Lake Golf Course and the 12- inch watermain at the intersection of Lakewood Avenue and Fullers Cross Road. A temporary construction easement grants the Ocoee Village Center Developer temporary access to connect to the City's watermain on the far west side of the golf course property and complete the north connection of the watermain loop.As part of this temporary access agreement,the contractor must coordinate with the golf course prior to initiating any work to avoid disruption to the golf course.Connection to this watermain will not interfere with golf course play or the ability to access the golf course maintenance area. 14. Approval to Repair Clarifier #1 at Ocoee Waste Water Treatment Plant with Veolia Water Technologies. (Utilities Director Croteau) The approved City of Ocoee Budget for Fiscal Year 2021-2022 includes the funds to rebuild Clarifier#1 at the City of Ocoee Wastewater Treatment Plant because the equipment has reached the end of its useful life cycle. 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 and they have provided a quote of$163,254.00. Wage Regular City Commission November 16,2021 FIRST READING OF ORDINANCE -None SECOND READING OF ORDINANCE—PUBLIC HEARING 15. Second Reading of Ordinance for LDC Amendment to Chapter 180,Articles II and V - Mobile Food Dispensing Vehicles House Bill 1193. (Advertised in the West Orange Times on Thursday,November 4, 2021) (Zoning Manager Whitfield) The First Reading for this amendment was held on Tuesday,November 2,2021. House Bill 1193, which was signed into law on June 29, 2021, and which became effective as of July 1, 2021, amended Section 509.102, Florida Statutes (F.S.),to preempt the regulation of licenses, registration, permits, and fees relative to mobile food dispensing vehicles(MFDV)(i.e.food trucks)to the State.The LDC in Section 5-8.B(4),currently prohibits in all zoning districts"the use of a motor vehicle parked on a lot as a structure in which,out of which,or from which any goods are sold or stored, any services are performed, or other business conducted without a special permission of the City Commission." Since issuance of licenses, permits and fees are preempted to the State and since MFDVs must be allowed somewhere within the City,staff recommends creating them as an accessory use/structure and allowing them within the commercial and industrial zoning districts. 16. Second Reading of Ordinance for LDC Amendment to Chapter 180,Articles II and V- Home Base Businesses House Bill 403. (Advertised in the West Orange Times on Thursday,November 4, 2021) (Zoning Manager Whitfield) The First Reading for this amendment was held on Tuesday, November 2, 2021. House Bill 403, which was signed into law on June 29, 2021 and which became effective as of July 1, 2021, amended Section 559.955, Florida Statutes (F.S.), to restrict local governments from enacting or enforcing any ordinance, regulation, or policy or take any action to license or otherwise regulate a home-based business, except in accordance with Section 559.955, F.S. Home based business regulations currently existing in Section 2-4(154), Article II as a definition and in Section 5-17, Article V, as development standards. Staff's specific recommendations are provided in the draft ordinance. 17. Second Reading of Ordinance for the Comprehensive Plan Amendment (CPA) to Update Capital Improvements Element (CIE) and Five-Year Schedule of Capital Improvements. (Advertised in the West Orange Times on Thursday, November 4, 2021) (Zoning Manager Whitfield) The First Reading for this amendment was held on Tuesday,November 2,2021. Section 163.3177(3)(a),F.S., requires that each local government Comprehensive Plan contain a Capital Improvements Element (CIE) designed to consider the need for,prioritization and location of public facilities in order to encourage the efficient use of such facilities as development occurs within the city.The CIE is required to include a Schedule of Capital Improvements (Schedule) incorporating publicly and privately funded projects necessary to ensure that the adopted level of service standards are achieved and maintained.The Schedule shall cover at least a 5-year period. Section 163.3177(3)(b), F.S., requires that the City review, modify and update the Schedule and Capital Improvements Element on an annual basis. PUBLIC HEARING 18. 409 Ocoee Apopka Road PUD Large Scale Preliminary/Final Site Plan; Project No: LS- 2021-005. (Advertised in the West Orange Times on Thursday, November 4, 2021) (Zoning Manager Whitfield) The applicant is proposing to develop a Commercial/Flex Business Center on 4.76 acres. The applicant is proposing two(2)buildings with 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 ROW dedication of up to 30-feet is being provided.No waivers have been requested. REGULAR AGENDA-None COMMENTS FROM CITIZENS/PUBLIC COMMENTS FROM COMMISSIONERS 4IPage Regular City Commission November 16, 2021 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. 5IPage