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HomeMy WebLinkAbout12-05-17 Agenda OCOEE CITY COMMISSION Ocoee Commission Chambers 150 North Lakeshore Drive Ocoee,Florida December 5, 2017 AGENDA 6:15 P.M. REGULAR CITY COMMISSION MEETING A. CALL TO ORDER Invocation Pledge of Allegiance Roll Call and Determination of Quorum B. PRESENTATIONS AND PROCLAMATIONS Presentation - Officer of the Third Quarter to Detective Michelle Grogan by the CACOPD Board Members. C. COMMENTS FROM CITIZENS/PUBLIC D. STAFF REPORTS AND AGENDA REVIEW E. COMMISSIONERS ANNOUNCEMENTS F. CONSENT AGENDA ALL MAI MRS 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 D SUCH ITEM WILL BE CONSIDERED SEPARATELY. 1. Approval of the Minutes for the Budget Workshop held August 12, 2015, Tentative Budget Public Hearing held September 9, 2015, Final Budget Public Hearing held September 21, 2015, the Regular City Commission Meeting held November 7, 2017 and the Special Session City Commission Meeting held November 20,2017. (City Clerk Sibbitt) 2. Approval of the Second Amendment to Hearing Officer Services Agreement. (City Attorney Cookson) On September 16, 2014, in response to an RFQ for hearing officer services for red light camera violations, the City Commission approved a response by and entered into an agreement with Shepard, Smith&Cassady, P.A. (now Shepard, Smith, Kohlmyer& Hand, P.A.), Attorney Andrew Hand, for hearing officer services. On January 17, 2017, the City Commission approved Ordinance 2017-05,which established an office of Special Magistrate to hear code enforcement matters,and on February 7, 2017, the City Commission amended Mr. Hand's contract to allow him to serve as the City's Special Magistrate for code enforcement matters. The current contract is for a three-year term with two automatic one-year extensions. The City is currently in the first of those two extensions. Mr. Hand has requested the City amend his contract to remove indemnification language, correct an erroneous cross-reference to Section 768.28, Florida Statutes, and update his firm's name. The City Attorney has reviewed other arrangements and agreements with outside counsel and supports the Hearing Officer's request. Regular City Commission December 5,2017 3. Approval of Settlement Agreement for Past Due Development Review Fees. (City Attorney Cookson) In conjunction with the City's review of Project LS-07-024, Diplomat Tower (Parcel 30-22-28- 0000-00-017), Diplomat Development Group, LLC (Diplomat) incurred development review fees. The City's records show a current balance due in the amount of$24,978.93 for development review fees for Diplomat Tower in association with Project LS-07-024. As part of the City's collection efforts, on September 29, 2015, the City Attorney's office sent a letter to Diplomat requesting payment of the past due development review fees. Diplomat responded directly to City staff in response to the City Attorney's 2015 letter and requested fees be reduced and settled due to a dispute between City and Diplomat as to the amount of the balance due. A standard settlement agreement was drafted by the City Attorney's office; however, Diplomat requested the City add language including as a part of the settlement a 2015 discussion and agreement between City staff and Diplomat relating to the City's commitment to contribute to the development of Northbrooke Boulevard. The agreement contains two major provisions. First, the agreement contains a provision settling the disputed fees in the amount of$15,000.00. Secondly,the agreement contains a provision whereby Diplomat will agree to design and construct Northbrooke Boulevard and the City will agree to pay the lesser of 60%of the cost of the design and construction or$252,000.00 in transportation impact fee credits (whichever is less). (This latter provision is subject to the City and Diplomat entering into a separate road construction and impact fee agreement.) 4. Approval of the Ocoee Crown Point Property Sale to Mattamy Orlando LLC, Phase 2 Closing. (City Attorney Cookson) On April 21, 2015, following an advertised public hearing, the City Commission approved an Agreement for Purchase and Sale with Mattamy Orlando LLC for the purchase of the property known as Crown Point. The property will be closed in two Phases, Phase 1 and Phase 2. The City and Mattamy Orlando closed on Phase 1 on July 1, 2016. The Phase 2 closing is to occur before January 1, 2017. The purchase price is $7,500,000 ($3,750,000 paid at the Phase 1 Closing for the Phase 1 Property and $3,750,000 paid at the Phase 2 Closing for the Phase 2 Property). The parties have agreed upon a closing date of December 20, 2017. At the Phase 1 Closing, Mattamy Orlando delivered to the escrow agent earnest money for Capacity Enhancement Agreement with Orange County Public Schools(CEA Money). The CEA Money is to be credited against the purchase price at the Phase 2 Closing. Mattamy Orlando has requested the parties approve and execute a Fourth Amendment to Agreement for Sale and Purchase to clarify this arrangement. Amount in escrow is $550,000.00 plus interest. 5. Approval to Transfer Funds for the Purpose of Constructing a Neighborhood Park. (Parks and Recreation Director Hayes) In 2016 the Parks and Recreation Department received notification from the Florida Department of Environmental Protection (FDEP) that the City had been awarded a grant through the Florida Recreation Development Assistance Program (FRDAP) to develop a neighborhood park on Montgomery Road. Since then the FDEP had a delay in providing and reviewing the required documents and contracts associated with the grant program, which subsequently delayed the development of the park in the 2016/2017 Fiscal Year. The Parks and Recreation Department estimates the cost of this initial phase of construction for the park at $123,000. The City has budgeted $50,000 in the current FY2017/18 budget; however, in order to move forward with the development of the park site,the City will need to transfer the necessary funds,$75,000,to complete the work under the requirements for the grant. Once the work has been completed,the City will then submit for reimbursement from the FDEP in the amount of $50,000. Therefore, the Parks and Recreation Department is requesting the City Commission approve a transfer of$75,000 identified for the Security Camera project to the Montgomery Road Park project, both projects are within the Recreation Impact Fund. Wage Regular City Commission December 5,2017 6. Approval of COPS Hiring Program (CHP) Grant. (Police Chief Brown) On June 7, 2016 the Honorable Mayor and City Commissioners authorized the City of Ocoee to apply for three new officer positions through the Fiscal Year 2016 COPS Hiring Program (Cly). This was a competitive solicitation open to all state, local, and tribal law enforcement agencies with primary law enforcement authority. CHP provides funding to hire and re-hire entry level career law enforcement officers in order to preserve jobs, increase community policing capacities and support crime prevention efforts. On November 20, 2017, Chief Charles Brown was notified that the COPS Office has approved our agency for three officer positions under the 2017 COPS Hiring Program (CHP). The estimated amount of federal funds to be awarded to the City of Ocoee jurisdiction over the three-year award period for three new officers is $375,000.00. The City of Ocoee cash match will be $315,883.00. Our agency may use CHP award funding to hire new officers as we currently do not have to rehire officers who have been laid off or were scheduled to be laid off on a specific future date,as a result of local budget reductions,on or after the official award start date. 7. Approval to Execute an Amendment to the Existing Interlocal Agreement with Orange County for Cooperation Regarding Federal Community Development Programs under the HUD Urban County CDBG Program. (Support Services Director Butler) The City has jointly operated a Community Development Block Grant (CDBG) program with Orange County that has brought millions of dollars in funding for rebuilding public infrastructure in economically disadvantaged areas of the city, such as the Pioneer Key subdivisions. The U.S. Department of Housing and Urban Development asked the City to execute a revised agreement with Orange County in order to make it compliant with federal legal changes occurring since the last agreement was signed in 2014. This was done in August following City Commission acceptance of the agreement. Subsequent to that action, the U.S. Department of Housing and Urban Development (HUD) asked Orange County to make a minor modification to the previously approved language. The intent is to reinforce the City's support for fair housing policies. That modification has been provided to the City of Ocoee in the form of an amendment to the previous agreement. Since the City does not have a housing support program or housing authority, the amendment has no net affect. 8. Approval of Traffic Signal Video Detection Upgrades for Bluford/Story and Clarke/White Intersections and Mast Arm Pole Replacement at Blackwood/Old Winter Garden Road. (Public Works Director Krug) The existing detection systems for the traffic signals located at the intersections of Bluford Avenue and Story Road, Clarke and White Roads require replacement. The approved City budget included capital funds to upgrade the existing failed in-pavement detection"loops"to video detection. Public Works has previously researched FDOT approved qualified products for signalized intersection video detection systems and determined the "Aldis GridSmart" system best meets the needs of the City as a standard by utilizing a single or dual 360 degree camera(s) to provide comprehensive vehicle detection at a lower cost of ownership over multi-camera systems. Video detection eliminates the need for in-pavement detection "loops". The Aldis systems installed at various City intersections have been functioning flawlessly since 2012. The Bluford/Story intersection only requires one camera at a cost of$21,844.00. The size of the Clarke/White Road intersection dictates installing the dual camera system at a cost of$28,228.00. The budget also includes replacement of the mast arm pole located at the northwest corner of the Blackwood and Old Winter Garden Road intersection which sustained damage when hit by a car. The cost to furnish and install the replacement pole is $59,140.00. Public Works recommends proceeding with the video detection system upgrades and pole replacement installed through the City's signalization maintenance contractor,Control Specialists. Control Specialists is an FDOT Prequalified Signalization Contractor and a certified vendor for Aldis systems. Public Works has researched the submitted pricing to determine it is in accordance with industry standards and is adequately funded in the Streets Division Capital Improvements. Utilizing Control Specialists eliminates potential conflicts between construction,warrantee and maintenance issues. 3 ( Page Regular City Commission December 5,2017 G. PUBLIC HEARING- None H. FIRST READING OF ORDINANCE -None I. SECOND READING OF ORDINANCE—PUBLIC HEARING 9. Second Reading of Ordinance Amending the City of Ocoee Municipal Police Officers' and Firefighters' Retirement Trust Fund Amending Section 30, Supplemental Benefit Component for Special Benefits: Chapters 175 and 185 Share Accounts. (Advertised in the West Orange Times on Thursday, November 23, 2017) (Police Chief Brown) The Pension Board for the City of Ocoee Municipal Police Officers' and Firefighters' Retirement Trust Fund is governed by City of Ocoee Ordinances and State Statutes.On May 16,2017,the City Commission approved an ordinance amendment to the Police and Fire Pension fund which established a share account. The changes to the pension ordinance are required to administer the 185 share accounts and distribute the current year 185 excess premium tax money. The State of Florida required that all municipal pension plans establish a share plan as defined in Florida State Statue 175 Firefighters and 185 Police Officers. The State of Florida further required that the City and members negotiate for the distribution and use of the excess state monies; and if no agreement can be made, the default is to distribute the monies,half to members' share plan and half to pay the City's pension fund liability. During the most recent Police contract negotiations, an agreement was not made as to the use of the excess premium tax money. The excess tax money will be distributed based on the terms of this amendment for this year. The Firefighters are currently working from the mutual consent from the last negotiated contract. Effective September 30, 2017, the initial allocation, $193,673.55 will be allocated to individual Member Share Accounts as provided in this ordinance. 10. Second Reading of Ordinance for GMMG, LLC - 1737 N. Lakewood Avenue Annexation and Initial Zoning; Project No(s): AX-08-17-63 & RZ-17-08-04. (Advertised in the West Orange Times on Thursday, November 23, 2017, and Thursday, November 30, 2017) (Planner Jones) The subject property is located 750 feet south of the intersection of Fullers Cross Road and North Lakewood Avenue. The parcel is+/- 0.64 acres and contains one(1) single-family residence with a current zoning of"A-1." The Parcel Identification Number is 08-22-28-0000-00-010. The proposed annexation is a logical extension of the City limits, urban services can be provided, and the annexation meets state and local regulations. City staff has requested a City of Ocoee zoning designation of R-1 (Single-Family Dwelling)upon annexation. According to the Land Development Code,the R-1 zoning designation is intended for areas shown on the Future Land Use Map as"Low Density Residential." The R-1 zoning designation is consistent with the adopted future land use designation of Low Density Residential, shown on both the City of Ocoee and Orange County Joint Planning Area future land use maps. Based on the unanimous approval recommendations of the DRC and Planning and Zoning Commission, Staff recommends that the Honorable Mayor and City Commissioners approve the Annexation and Rezoning of the+/- 0.64 acre parcel of land known as the GMMG,LLC Parcel with an Initial Zoning classification of"R-1." a) Second Reading of Annexation Ordinance b) Second Reading of Rezoning Ordinance 11. Second Reading of Ordinance for Sullins — 1928 Adair Street Annexation and Initial Zoning; Project No(s): AX-08-17-62 & RZ-17-08-03. (Advertised in the West Orange Times on Thursday, November 23, 2017, and Thursday, November 30, 2017) (Planner Jones) The subject property is located at 1928 Adair Street,which is on the west side of Adair Street across from Marlene Drive.The parcel is 0.50 acres with a Parcel Identification Number of 08-22-28-0000- 00-048 and contains one(1)single-family residence. The proposed annexation is a logical extension of the City limits, urban services can be provided, and the annexation meets state and local regulations. City staff has requested a City of Ocoee zoning designation of R-1 (Single-Family 41 Page Regular City Commission December 5,2017 Dwelling) upon annexation. According to the Land Development Code, the R-1 zoning designation is intended for areas shown on the Future Land Use Map as "Low Density Residential." The R-1 zoning designation is consistent with the adopted future land use designation of Low Density Residential, shown on both the City of Ocoee and Orange County Joint Planning Area future land use maps.Based on the unanimous approval recommendations of the DRC and Planning and Zoning Commission, Staff recommends that the Honorable Mayor and City Commissioners approve the Annexation and Rezoning of the +1- 0.50 acre parcel of land known as the Sullins Parcel with an initial zoning classification of"R-1." a) Second Reading of Annexation Ordinance b) Second Reading of Rezoning Ordinance 12. Second Reading of Ordinance and Public Hearing Amending the Land Development Code (LDC) Relating to Article II Definitions, Article V, Section 5-8 Prohibited Uses and Table 5-1 Permitted Use Regulations in Overlay Districts. (Advertised in the West Orange Times on Thursday, November 23, 2017) (City Planner Rumer) Back on September 6, 2015, City staff made a presentation to the City Commission relating to the development and redevelopment of parcels within the Special Overlay Areas. Topics of specific concern to staff and the City Commission is the redevelopment of parcels within the Overlay Areas, density and compatibility concerns with development and redevelopment, allowable uses in the overlay, and the development of zoning standards that will enhance economic development and redevelopment in the Overlay Areas with the following uses or intended uses: pharmaceutical dispensaries, fast food and other drive through restaurant establishments, check cashing stores, self- storage facilities, vehicle and tire service, sales, and repair facilities, and discount retail stores. A moratorium was put in place through March of 2017 to allow staff the time to evaluate the current Special Overlay Area standards and update the standards as necessary. Since the moratorium has expired, the City has adopted a zoning overlay over the SR 429 Corridor by establishing three (3) character areas and has a final ordinance on the agenda to prohibit medical marijuana dispensing facilities. As a fmal step in addressing the concerns stated in the moratorium, staff has proposed amendments to the Land Development Code (LDC) which addresses uses and provides for additional requirements in overlay areas (CRA Target Areas, SR 429 Overlay, and Downtown Overlay) for the following uses: Fast Food Restaurants with Drive-through, Self-Storage Facilities, and Automotive Tire and Repair facilities. Staff is proposing amending the LDC as follows: • Better define self-storage facilities and prohibit the use unless it is integrated as part of a multi-use development. • Eliminate the drive-in restaurants like a Sonic Burger and to limit the locations based on access. • Limit automobile service stations that change oil,tires and other minor work. J. REGULAR AGENDA-None K. STAFF ACTION ITEMS L. COMMENTS FROM COMMISSIONERS ADJOURNMENT 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