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HomeMy WebLinkAbout04-19-2022 AgendaOCOEE CITY COMMISSION Ocoee Commission Chambers 150 NorthLakeshore Drive Ocoee, Florida' APRIL 19, 2022 AGENDA 6:15 PM REGULAR CITY COMMISSION MEETING CALL TO ORDER Invocation Pledge of Allegiance Roll Call and Determination of Quorum PRESENTATIONS AND PROCLAMATIONS Proclamation — Asian American Pacific Islander Heritage Month (Mayor Johnson) Presentation by Orange County Commissioner Christine Moore and Matt Suedmeyer, Manager of Orange County Parks & Recreation 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 CITIZENSIPUBLIC 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 April 5, 2022. (City Clerk Sibbitt) 2. Approval of Appointments to the Human Relations Diversity Board. (City Clerk Sibbitt) Currently, the board has thirteen (13) members with three (3) members terms expiring. The term of Members Rhonda Anderson -Robinson, William Maxwell, and Lu Fontanez expire in May 2022. All members have indicated an interest in being considered for reappointment for another term ending May 2025. In 2021, Member Anderson -Robinson attended 8 out of 9 meetings, and Member Maxwell attended 7 out of 9 meetings. Additionally, both Members Anderson -Robinson and Maxwell participated in at least one board -sponsored event. Member Fontanez is deemed to have resign as indicated in the bylaws due to not participating in one board -sponsored event. Two (2) applications have been received by Jason Mellen and Katiana Shum, who have shown an interest in being appointed to the HRDB. Mr. Mellen submitted his application on February 1, 2022, and is a resident of Ocoee. Ms. Shum submitted her application on February 28, 2022, and is a Manager/Partner of Bar 5 Lounge & Grill located in Ocoee. Staff respectfully recommends that the Honorable Mayor and City Commissioners reappoint Members Anderson -Robinson and Maxwell for a term ending May 2025; and further, appoint Mr. Mellen to fill the vacant position, due to his application submittal being received first, with a term ending May 2025. Ms. Shum's application will remain on file for a year, to be considered for any other vacancies that may occur. 3. Approval of Cancellation of July 5, 2022, and September 6, 2022, Regular City Commission Meetings. (City Clerk Sibbitt) On August 17, 2021, the Commission approved the holiday schedule for 2022 in accordance with Section 8.01 of the Personnel Rules and Regulations. Included in the approved dates for closure of City Hall were Independence Day, Monday, July 4th as well as Labor Day, Monday, September 5th. The Regular City Commission Meetings are scheduled to meet those holiday weeks on the following Tuesdays; and further, if the City Commission deems necessary, City staff does not have any conflicts with canceling these meetings. 4. Approval to Terminate a Utility Easement with T Mobile (FKA) SprintCom, Inc. (Development Services Director Rumer) On December 15, 2015, the City approved the granting of a Utility Easement to SprintCom, Inc. (now T Mobile) over a portion of the City property located at 843 Marshall Farms Road that is already a Perpetual Easement for Egress and Ingress for the purposes of maintaining and installing future underground facilities to a cell tower located on 835 Marshall Farms Road. The parcel at 843 Marshall Farms Road is owned by the City and is to be used for a retention pond to construct the widening of Maguire Road from Mercantile Court to Geneva/Story Road. T Mobile is now requesting the easement be terminated via a letter received on March 9, 2022. Regular City Commission April 19, 2022 5. Approval of a Non -Substantial Amendment to the Ocoee Commons Planned Unit Development (PUD), Project No. RZ-22-02-36. (Development Services Director Rumer) The applicant/property owner of Lot 2 of the Blackwood at Ocoee Commons is requesting an amendment to the Ocoee Commons PUD to amend Condition #43 in the Conditions of Approval to allow a commercial lot to be less than one (1) acre in size if the lot is served by a master stormwater pond. The Blackwood at Ocoee Commons Replat divided Lot D1 into Lot 1 and Lot 2. Lot 1 was developed for restaurant use (Texas Roadhouse), and Lot 2 is currently vacant. The property owner of Lot 2 (which contains 1.96 acres) seeks to split Lot 2 into a future Parcel A with 1.15 acres (for a dental office) and Parcel B with 0.81 acres (for a future medical office). Condition #43 states that "all commercial lots will be a minimum of one acre in size." The applicant is specifically requesting an amendment to Condition #43 to read as follows: "All commercial lots will be a minimum of one acre in size, unless the lot is served by a master stormwater facility." 6. Approval of the Ocoee Neighborhood Matching Grant Applicants — Recommendation to Award a Total of $10,900 to Six (6) Neighborhood Associations. (Community Relations Manager Wright) The Neighborhood Matching Grant Program is held annually, and is for homeowner associations (HOA) and neighborhoods that do not have a structured HOA. The goal of the grant program is to assist residents with making improvements to their neighborhoods. The maximum matching grant award is $2,000. Applicants pay for their improvement projects and then get a portion back, up to a maximum of $2,000. Six (6) Homeowner Associations submitted grant applications for this grant cycle. There is $12,000 available for the grants. Five applicants requested the $2,000 (the maximum amount). One HOA, Silver Glen, requested $900. Therefore, the total amount of grant money requested is $10,900. 7. Approval to Name the Franklin Street Park "Unity Park" as Recommended by the Parks and Recreation Advisory Board (PRAB). (Parks and Recreation Advisory Board Member Lomneck) The Parks and Recreation Advisory Board, at their Regular Meeting held on March 21, 2022, discussed naming the park located on Franklin Street and currently under construction as "Unity Park". A motion was trade to have Member Lomneck present the recommendation before the City Commission for consideration and/or approval. There is currently no policy in place for the naming of parks. City staff is working on a Parks naming policy, which will come before the City Commission at a future meeting. 8. Approval to Award RFP #22-003 Auditing Services. (Procurement Manager Tolbert) In compliance with Florida Statutes, Section 218.391 Auditor Selection Procedures, and the City of Ocoee Purchasing Code, proposals were solicited from Certified Public Accounting Firms with Governmental Accounting experience to submit a response to the City of Ocoee Request for Proposals (RFP) to provide Independent Financial Auditing Services for three (3) years for the fiscal years ending September 30, 2022, 2023, and 2024; renewal options for (2) one-year renewal periods may be negotiated at the City's discretion. The three (3) proposals were evaluated by the Auditor Selection Committee appointed by the City Commission. The public Auditor Selection Committee meeting was held on April 5, 2022, with the Auditor Selection Committee evaluating and short -listing the firms on specific evaluation criteria. The Auditor Selection Committee short-listed the firms in ranked order, and recommends contracting with the top ranked firm, Purvis Gray & Company, LLP. 9. Approval of Second Amendment to Exclusive Franchise Agreement with Waste Connections. (Public Works Director Krug) The City Commission entered into an Exclusive Franchise Agreement for Commercial and Multi -Family Solid Waste collection with Waste Connections (WC) on January 21, 2020. The Commission approved the First Amendment to the Agreement on March 17, 2020, which incorporated the sale of equipment declared surplus to WC and further clarified the payment structure and insurance requirements of the Agreement. Upon review of the contract dates incorporated in the Agreement, the City Attorney determined a Second Amendment was needed to clarify the contract dates to coincide with the actual date WC took over residential service in April 2020. Due to disruptions during the pandemic, the Second Amendment had not been executed. Public Works is recommending the approval of the Second Amendment to clarify the dates in the Agreement with WC. 10. Approval of Assignment and Assumption Agreement with Eurofins Flowers. (Utilities Director Croteau) On December 15, 2020, the City of Ocoee entered into an agreement with Flowers Chemical Laboratories to provide laboratory analytical services for the City Water and Wastewater Facilities. On February 9, 2022, Eurofins Environment Testing Southeast, LLC entered into an agreement to purchase Flowers Chemical Laboratories. The company is now operating under the d/b/a Eurofins Flowers and wishes to assume the agreement with the City of Ocoee, with no changes being made to the obligations, duties, liabilities and commitments of the original agreement. 2 1 P a g e Regular City Commission April 19, 2022 FIRST READING OF ORDINANCE — PUBLIC HEARING 11. First Reading of Ordinance for Land Development Code (LDC) Amendment Relating to Self -Storage Facilities. (Second Reading and Public Hearing scheduled for May 3, 2022, Regular Commission Meeting at 6:15 pm or soon thereafter) (Development Services Director Rumer) On September 21, 2021, the City Commission approved an Ordinance establishing a temporary moratorium on the processing and consideration of applications for development orders, development permits, and building permits for self -storage within the C-3 (General Commercial) and I-1 (Restricted Manufacturing and Warehousing) Zoning Districts for a period of six months. During this moratorium, the Development Services Department has researched what the Industry standard is for self -storage facilities. Staff recommends implementing the following criteria for self -storage facilities: Maintaining the current code provisions for properties located within Special Overlay Districts with a C-3 or I-1 Zoning Designation: 1) Self - storage is permitted only as an accessory use; 2) Provide for the use of Self -Storage Facility as a Special Exception in the C- 3 and I -I Zoning Districts. SECOND READING OF ORDINANCE — PUBLIC HEARING 12. Second Reading of Ordinance for Budget Amendment. (First Reading was heard at the April 5, 2022, City Commission Meeting. Advertised in the West Orange Times on Thursday, April 7, 2022) (Finance Director Roberts) The City Commission adopted an annual operating budget for the city on September 23, 2021. Subsequent to the adoption of the budget staff identified the need for additional appropriations in the General Fund, and Water/Wastewater Fund. The total General Fund budget adopted at that time was $78,712,989. The General Fund requires an additional appropriation of $650,000. The Water/Wastewater fund adopted a budget of $21,378,568. The Water/Wastewater fund requires an additional appropriation of $304,000. PUBLIC HEARING 13. Public Hearing to Award the Lake Apopka Natural Gas District Franchise Agreement. (Advertised in the West Orange Times on Thursday, March 17, March 24, March 31, 2022 and Thursday, April 7, 2022) (City Attorney Cookson) In September 2010, the City and the Lake Apopka Natural Gas District (LANGD) extended the term of the Natural Gas Franchise Agreement for ten years. The Agreement provides that LANGD has the non-exclusive right to manufacture, import, transport, distribute, and sell manufactured or natural gas within the boundaries of the City. In exchange for the City granting the franchise to LANGD, the City receives a franchise fee in the amount of six (6) percent of the gross revenues derived from the sale of natural gas to all customers within the corporate limits of the City. The present Agreement expired on September 3, 2020. If the Mayor and Commission approve the extension of the Agreement, the effective date would be the date when the present Agreement expired (i.e.: September 3, 2020). The new Agreement is substantially the same as the present Agreement with the following differences: Term: The City has the option to extend the agreement for an additional ten years. This option will automatically take effect unless the City notifies LANGD in writing at least ninety (90) days in advance of the expiration of the Agreement. REGULAR AGENDA -None COMMENTS FROM CITIZENS/PUBLIC COMMENTS FROM COMMISSIONERS ADJOURNMENT CITY COMMISSION ANNOUNCEMENTS MEETING (Starling the later of 6:45 pnt 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 10 minutes 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 206.26: 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