Loading...
HomeMy WebLinkAbout05-15-18 Minutes MINUTES MAY 15,2018, at 6:15 P.M. REGULAR CITY COMMISSION MEETING CALL TO ORDER- 6:15 PM Mayor Johnson called the regular session to order at 6:15 p.m. in the Commission Chambers of City Hall. The invocation was led by Jocelyn Williamson, Director of Central Florida Freethought Community, followed by the Pledge of Allegiance to the Flag led by Commissioner Firstner. City Clerk Sibbitt called roll and declared a quorum present. Present: Commissioner Grogan, Commissioner Wilsen, Mayor Johnson, Commissioner Firstner, Commissioner Oliver Also Present: City Attorney Cookson and City Manager Frank PRESENTATIONS AND PROCLAMATIONS - None COMMENTS FROM CITIZENS/PUBLIC - None STAFF REPORTS AND AGENDA REVIEW - None COMMISSIONERS ANNOUNCEMENTS - 6:19 PM Commissioner Grogan—None Commissioner Wilsen—None Commissioner Firstner—None Commissioner Oliver—None Mayor Johnson — 1) The Ocoee Police Department's 9th Annual Community Picnic is this Saturday, May 19th from 11 am to 2pm at Freedom Park which is located at 351 Thornbrooke Drive. The event will include free food, drinks, games and activities as well as raffles for various prizes. 2) The public is invited to attend the Memorial Day Ceremony scheduled for Friday, May 25th from 11 am to 1 pm at Bill Breeze Park. After the ceremony, refreshments will be served. The Memorial Day Ceremony will include a processional to the Ocoee Memorial Wall where a wreath will be set in place. The Memorial Wall is inscribed with the names of Ocoee residents who gave their lives for freedom. In addition, there will be ceremonial flag presentations by the Ocoee Police and Fire Department Honor Guards. Regular City Commission May 15,2018 CONSENT AGENDA - 6:20 PM Consent Agenda Motion Motion: Move to adopt the Consent Agenda Items #1 -#8. Moved by Commissioner Wilsen, seconded by Commissioner Oliver; Motion carried 5-0. 1. Approval of the Minutes for the Regular City Commission Meeting held May 1, 2018. (City Clerk Sibbitt) Approved on Consent. Motion carried 5-0. 2. Approval of Reappointments to the Code Enforcement Board. (City Clerk Sibbitt) The Code Enforcement Board was created by Ordinance No. 741 on June 16, 1981. The purpose of this board is to review infractions of the City technical codes, negotiate compliance, and impose fines for failure to comply.The Code Enforcement Board is to have seven(7)regular members and two(2)alternate members,all with three-year terms. There are no applications currently on file. The three-year terms of Darrell Lowery, Keith Carrington, and Valerie Odom expire June 2018. All members have expressed an interest in being considered for reappointment. In 2017, Darrell Lowery attended seven (7) out of seven (7) meetings; Keith Carrington attended six (6) out of seven (7) meetings; and Valerie Odom attended seven (7) out of seven (7) meetings. Approved on Consent. Motion carried 5-0. 3. Approval of New Appointment to the Citizen Advisory Council for Ocoee Police Department and the Citizen Advisory Council for Ocoee Fire Department. (City Clerk Sibbitt) Members of the Citizen Advisory Council for Ocoee Police Department (CACOPD) and Citizen Advisory Council for Ocoee Fire Department(CACOFD) serve three-year terms. The Resolutions creating both Boards allows no more than fifteen (15) members. The CACOPD Board currently has eleven (11) members, and the CACOFD currently has seven (7) members. An application has been received by James Orme, a resident of District 4,who has shown an interest in being appointed to both the CACOPD and CACOFD for a term ending January 2021 (CACOPD)and November 2021 (CACOFD). Approved on Consent. Motion carried 5-0. 4. Approval of a Two-Year Warranty Surety and Maintenance, Materials, and Workmanship Agreement with Letter of Credit with BPG Ocoee 1 LLC for the Park at 429,Lot 3. (Development Engineer Womack) The Park at 429, Lot 3, is a part of the overall Park at 429 Industrial Park located at 639 East Crown Point Road. The overall parcel is 45.54 acres in size, while Lot 3 makes up 25.1 acres of the overall development. Lot 3 consists of two light industrial use buildings that are 195,144 SF. and 245,973 SF, respectively. The developer has completed construction of the infrastructure improvements necessary for the Park at 429, Lot 3 and has requested a Certificate of Completion for this phase of the overall development. The infrastructure improvements include drive aisles and parking lots, sewer and water systems, drainage facilities (including retention and detention ponds) and other improvements under the provisions. Additionally, the Park at 429 constructed a new public lift station and constructed infrastructure to allow for future connection of public utilities for the properties north of the Park at 429. All identified punch list repairs are currently being 2IPage Regular City Commission May 15,2018 completed, and the developer will be ready to start the two-year warranty period for the public infrastructure improvements once the punch list items are inspected. 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. BPG Ocoee 1 LLC has provided the City with a Letter of Credit in the amount of 10%of the constructed improvements($74,722.50).The Maintenance, Materials, and Workmanship Agreement with Letter of Credit(Irrevocable Stand-By Letter of Credit issued by JPMorgan Chase Bank) acts as the executable document between the developer and the City. The Letter of Credit will be kept on file with the signed Maintenance, Materials, and Workmanship Agreement, which will ensure that funds will be available should they be needed during the two-year warranty period. The Surety will be returned to the developer upon completion of the two-year warranty period and the repair of any damages caused over that two year period. Approved on Consent. Motion carried 5-0. 5. Approval to Increase the Construction Phase Budget Allocation for the Lakeshore Center Expansion Project to $3,900,000 and the Total Project Budget for All Identified Needs to $4,300,000. (Support Services Director Butler) The Lakeshore Center Expansion project was designed by Rhodes + Brito, architects, under a continuing services contract with the City. Given the complexity of the project, procurement of a construction firm to build the facility was undertaken using the construction manager at risk method (CM at Risk), as provided in §255.103, Florida Statutes. This relatively new way of hiring a contractor uses the same qualifications-based approach (Request for Qualifications, or RFQ) used for hiring licensed professionals, such as architects and engineers. In accordance with §255.103(2), Florida Statutes, the CM at Risk provided a guaranteed maximum price (GMP) and a guaranteed completion date. The original GMP was $3,492,279, which was used by the City Commission to establish a construction phase budget of $3.6 million. Subsequent plan changes, construction method selections, value engineering modifications, and inclusion of items previously excluded from the GMP, but necessary for the building to be usable, have increased the construction cost GMP to $3,854,718. This number includes coverage of some items that are still to be resolved at a"worse-case" level, plus a contractor's contingency of$95,000. Beyond the capital cost of construction, there is also the need to acquire fixtures, furnishings,and equipment(FF&E)that are outside the scope of the work being performed by the CM at Risk. These items include tables, chairs, portable dance floor, some AV equipment, kitchen equipment, and other items needed to utilize the enlarged banquet space to its full capacity. Approved on Consent. Motion carried 5-0. 6. Approval of Duke Energy Bluford Avenue Overhead to Underground Conversion Easements on City Properties. (Public Works Director Krug) The City Commission awarded the Bluford Avenue Streetscape Construction Project in April of 2017. An integral part of this streetscape project in the Downtown Master Plan is the conversion of pole mounted overhead utilities to underground facilities. The conversion for electrical and cable utilities was incorporated in the projects funded through the General Fund bond. The City has coordinated with Duke Energy to design an underground system with the required above ground switch gear strategically located on City properties where the installations will not interfere with the redevelopment improvements. These locations are formalized by granting easements on portions of properties at the following locations: 100 South Bluford Avenue (southeast corner of Bluford and Magnolia); 2 North Bluford Avenue (northwest corner of Bluford and McKey); 201 North Bluford Avenue (north and east of the Bluford and Franklin intersection). A separate agenda item contains the agreement for the work associated with the easements. Public Works recommends approval of the easements in order to facilitate the completion of the Streetscape Project. Approved on Consent. Motion carried 5-0. 31Page Regular City Commission May 15,2018 7. Approval of Duke Energy Bluford Avenue Overhead to Underground Conversion Utility Reimbursement Agreement. (Public Works Director Krug) The City Commission awarded the Bluford Avenue Streetscape Construction Project in April of 2017. An integral part of this streetscape project in the Downtown Master Plan is the conversion of pole mounted overhead utilities to underground facilities. The conversion for electrical and cable utilities was incorporated in the projects funded through the General Fund bond. The City has coordinated with Duke Energy for the conversion with the next step in the process executing a Utility Reimbursement Agreement(URA). Executing the URA will allow Duke to finalize the design and costs which will be brought back to the Commission for approval at a future date. Public Works recommends approval of the URA in order to facilitate the completion of the Streetscape Project. Approved on Consent. Motion carried 5-0. 8. Approval to Award Bid #B18-02 Asphalt Paving Projects for Fiscal Year 2018. (Purchasing Agent 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 2018, for the milling and resurfacing of Tomyn Road, Story Road, Orlando Avenue/White Road, and alternates Geneva Ave, Malcolm Area and Tiger Minor Park—parking area. The bid was publicly advertised on April 1, 2018, and opened on May 1, 2018. There were a total of four (4) bids received ranging from $835,757.00 to $989,995.48. All bids are available in the Finance Department for review. The Public Works and Finance Departments reviewed all bids received and all were considered responsive. Staff recommends awarding the bid to Hubbard Construction Company as the most responsive and responsible bidder for$835,757.00. Approved on Consent. Motion carried 5-0. PUBLIC HEARINGS - 6:20 PM 9. First Reading and Public Hearing of a Resolution Creating the Ocoee Brownfield Area, Ocoee Special Economic Enhancement District (S.E.E.D.) (Second Public Hearing Date scheduled for June 5, 2018, Regular Commission Meeting at 6:15 p.m. or soon thereafter. Advertised in the West Orange Times on Thursday,May 3, 2018.) (City Planner Rumer) The State of Florida has provided in Ch. 97-277, Laws of Florida, codified as Sections 376.77-376.86, Florida Statutes, as amended, "Brownfield Redevelopment Act" for the designation by resolution of certain lands as a "Brownfield Area" and for the corresponding provision of environmental remediation, rehabilitation, and economic redevelopment for such areas. The City of Ocoee proposes to identify a geographical area and to notify the Florida Department of Environmental protection of its decision to designate a Brownfield Area for remediation, rehabilitation and economic redevelopment areas as a way to represent a reasonably focused approach to eliminate blight and raise property values. The reason for providing the brownfield designation is to allow for accelerated environmental assessment and, if necessary, remediation of the three properties identified in the area and to allow access to job-related bonus monies thereby encouraging job creation. The Brownfield Area will be called the Ocoee(S.E.E.D) Special Economic Enhancement District. City Planner Rumer briefly summarized the process staff had taken to notify the 700 residents that would be affected by the proposed Resolution to create the Ocoee Brownfield Area. The City of Ocoee proposes to identify a geographical area and to notify the Florida Department of Environmental Protection of its decision to designate a Brownfield Area for remediation, rehabilitation and economic redevelopment as a way to represent a reasonably focused approach to eliminate blight and raise property values. 4IPage Regular City Commission May 15,2018 John Jones, City's Brownfield Consultant with S&ME Inc., provided a PowerPoint presentation which highlighted the definition of Brownfield and Brownfield Area; the Brownfield process, benefits, area incentives; tax credits, grants, state vs. federal programs; contaminated areas in Ocoee, and success stories. At the conclusion of Mr. Jones' presentation, City Planner Rumer identified areas that would be eligible for future incentives when they begin development such as the Industrial (I-2) Corridor, Downtown Ocoee, and 429 Overlay Corridor. Commissioner Grogan shared that every year at the State Legislature level the discussion of Brownfield Areas is brought up and the possibility of eliminating the program. He inquired what would happen if the City approves the Brownfield and then the State eliminates it. Mr. Jones answered that it is unlikely that the program will go away but funding may be challenged. He shared it is a successful State program with a lot of support from the business community helping to maintain the program. He further shared that should the worst case scenario occur with the State level being eliminated, there is always the federal program available for the property assessments and remediation grants. City Planner Rumer further indicated that incentives at the City level can also be provided that would not have to be supplemented from the general fund. Incentives such as waiving or reducing of impact fees. Commissioner Wilsen commented that the map previously displayed showed at least five (5) of the contaminated areas being near City Hall. Mr. Jones answered in the affirmative. City Planner Rumer affirmed that is what helped in aiding the creation of the geographical area as there are no regulations on how far from a site they could extend. Commissioner Firstner inquired as to what type of impacts the Brownfield Area has on the average homeowner in the area that is not experiencing any kind of environmental issues. He further inquired if it would affect the ability for a homeowner to sell their property or lower the property value. City Planner Rumer shared this would not negatively impact a homeowner as it does not modify zoning and does not tie a Brownfield designation to the property. Many cities such as Winter Park, Winter Garden, and Maitland all had a Brownfield Overlay when they were redeveloping and all currently have high property values. Commissioner Oliver commented that they identified the strengths of the program but inquired if there are any weaknesses or threats. Mr. Jones answered that the potential internal weaknesses would be a lack of commitment from the City to establish a Brownfield and/or administer it properly. He further shared the potential external threat would be future acts of the Florida Legislature undermining Local Home Rule. Commissioner Oliver inquired if he could share any data that would support any failed Brownfield projects within the State of Florida. Mr. Jones stated that there have been Brownfield's that have taken longer to complete than originally anticipated. If they did not perform according to the Brownfield Site Rehabilitation Agreement then they did not receive their SRO closing bonus for completion on time and on schedule. Further discussion ensued. Commissioner Oliver inquired if this is approved what would be the plan for the utilization of the Brownfield Project. City Planner Rumer answered the second reading and adoption of this resolution is scheduled for June 5th. At that time, if the motion is passed then he will meet with Mr. Jones who will assist in facilitating the process with the Florida Department of Environmental Protection. He further explained the incentives that staff would be moving forward to implement. Lastly, Commissioner Oliver inquired if there would 5IPage Regular City Commission May 15,2018 be any financial impact to the City. City Planner Rumer answered in the affirmative but it would be with the approval given by the City Commission. Mayor Johnson confirmed that residents can opt out of the Brownfield Area. Mr. Jones answered in the affirmative, advising that is an option. City Planner Rumer shared that these opportunities being offered are also the best for residents especially as the downtown develops. The public hearing was opened. The following residents addressed the Commission with their concerns and questions: Michelle Nunnelley, 200 N. Bluford Ave. and 12 S. Floral Street R.P. Mohnacky, 1820 Prairie Lake Blvd. Joseph Whitaker, 375 Enterprise Street Jim Passiclla, 531 Ocoee Apopka Road Glenn Miller, Glenn's Body Shop John Palmer, 750 Pine Street Edmond Harrison, 10005 Florida Boys Ranch Rd, Clermont FL Betty Hill, 793 Pine Street During the comments from residents, Mr. Jones was asked to explain how a property owner would be able to opt out from the Brownfield Area, in which he advised, a written request to the City indicting their request as well as their parcel identification and address. Commissioner Wilsen inquired if the current owner to a property opts out and they sell the property can the new owners opt back in. Mr. Jones explained this is a voluntary program so a new homeowner can request inclusion in the program; however, there is a job creation number that has to be reached for inclusion in the program from a citizen request. He further clarified the new owner would have to have a development project that creates a certain number of jobs on the parcel. Resident initiated discussion ensued with regards to the possibility of moving back the next public hearing and adoption of the resolution a few more weeks so residents would have time to digest the information they received this evening with regards to the Brownfield Area and do their own homework. Mayor Johnson shared that the City Attorney advised that would be possible. City Attorney Cookson advised that June l9th would be the next City Commission date which they could hear this. City Planner Rumer shared that if a motion is made with a date certain, then the City would not have to re-advertise the Public Hearing as legal advertisement has already been placed in the local newspaper indicating the Public Hearing dates. The public hearing was closed. Commissioner Oliver inquired if a resident opts out would the boundary line need to be redrawn or would it just be that parcel that is removed. Mr. Jones advised it would just be the parcel, the boundary remains. 6IPage Regular City Commission May 15,2018 Motion: Move to continue the Second Reading and Public Hearing of a Resolution Creating the Ocoee Brownfield Area, Ocoee Special Economic Enhancement District (S.E.E.D.) to a date certain of June 19, 2018, Regular City Commission Meeting; Moved by Commissioner Grogan, seconded by Commissioner Firstner; Motion carried 5-0. City Attorney Cookson read the title of the Resolution. Mayor Johnson announced that this will be presented as a second reading and public hearing at the next scheduled City Commission meeting on June 19, 2018. 7:32 PM Recess 10. Ciara Place at Lake Meadow Preliminary and Final Subdivision Plan (PSP/FSP), Project #LS-2017-013. (Advertised in the West Orange Times on Thursday, May 3, 2018.) (City Planner Rumer) 7:46 PM The Ciara Place at Lake Meadow is a townhome development that is situated in the existing Prairie Lake PUD Track"G". The property is located on the southwest corner of Hackney Prairie Road and Clarke Road and is approximately 21.13 acres in size. The subject site is currently undeveloped with a variety of trees, wetlands and 100-year floodplain areas. The proposed Ciara Place at Lake Meadow is a private, gated, 88-unit townhome community with fee simple ownership of the units on approximately 21.13 acres. The townhome lots will be approximately 24.5-feet wide by 100 feet in depth. The rest of the required parking spaces will be provided within off-street parking bays. The proposed amenity package consists of a swimming pool, pool cabana, tot-lot and off-street visitor parking. There will be a six-foot high brick wall at the entrance with a decorative metal fence with columns along Clarke Road. Appropriate landscaping will be located along the wall and fence extending along Clarke Road and westward along the new right-of-way of Hackney Prairie Road. The applicant will be dedicating a 10-foot wide recreational trail along the northern property line in order to have access to the lake and an eight-foot wide sidewalk along the project frontage. The major off-site improvement proposed for the project is a northbound left-turn lane on Clarke Road for traffic entering into the site and a southbound turn lane (stripping only) to better facilitate traffic entering Westchester residential development. City Planner Rumer briefly summarized the proposed Preliminary and Final Subdivision Plan for Ciara Place at Lake Meadow. This proposed gated 88 townhome community, which is located on the southwest corner of Hackney Prairie Road and Clarke Road and is approximately 21.13 acres in size. He indicated a number of years ago this site was proposed to be an assisted living and memory care facility called Lexington Park. Currently this site is situated in the existing Prairie Lake PUD Track "G", which was set aside for medium density housing. City Planner Rumer discussed the proposed amenity package consisting of a swimming pool, pool cabana, tot-lot and off-street visitor parking. There will be a six-foot high brick wall at the entrance with a decorative metal fence with columns along Clarke Road. Appropriate landscaping will be located along the wall and fence extending along Clarke Road and westward along the new right-of-way of Hackney Prairie Road. The applicant will be dedicating a 10-foot wide recreational trail along the northern property line in order to have access to the lake and an eight-foot wide sidewalk along the project frontage. The major off-site improvement proposed for the project is a northbound left-turn lane on Clarke Road for traffic entering into the site and a southbound turn lane (stripping only) to better facilitate traffic entering Westchester residential development. The townhome lots will be approximately 24.5-feet wide by 100 feet in depth, and 7IPage Regular City Commission May 15,2018 the units have been designed to allow two cars to park in the driveway and two cars to park in the garage. The rest of the required parking spaces will be provided within off-street parking bays. He further announced this project has passed school concurrency. Commissioner Grogan inquired if the 10-foot wide path that is going to the lake can also be utilized by those that are not residents of the subdivision. City Planner Rumer answered in the affirmative, advising there will be a pedestrian entrance. Commissioner Wilsen shared that she notices a trend of two-story townhomes and inquired why there are no one-story townhomes. Peter Palermo, Owner, Pierre JL LLC, Winter Garden, FL, explained it is cost effective for two-story as there is not enough land. Discussion ensued. Commissioner Oliver confirmed that there is a gated entryway on Clarke Road. Mr. Palermo described the entryway. Commissioner Oliver further inquired about Clarke Road expansion with the extra traffic from the development as he has concerns for Clarke Road as it is already congested. City Planner Rumer explained that this property is already vested and the developer has already provided right-of-way and construction of Clarke Road. Further discussion ensued with regards to traffic. The public hearing was opened. As no one wished to speak, the public hearing was closed. Commissioner Oliver shared that this is in his district but he has reservation about the traffic and does not feel comfortable with entertaining a motion. He expressed that he is not objecting to the project but just frustrated with a new traffic study not being completed. Commissioner Wilsen briefly shared that she recalls when this was going to be an Assisted Living Facility and is glad to see that this is now being developed as a residential subdivision. Motion: Move to approve the Ciara Place at Lake Meadow Preliminary and Final Subdivision Plan (PSP/FSP), Project #LS-2017-013; Moved by Commissioner Wilsen, seconded by Commissioner Grogan; Motion carried 4-1 with Commissioner Oliver opposing. FIRST READING OF ORDINANCE - None SECOND READING OF ORDINANCES—PUBLIC HEARINGS - 8:02 PM 11. Second Reading of Ordinances for Vaughn Property — 451 Ocoee Apopka Road Annexation and Initial Rezoning; Project No(s): AX-03-18-72 & RZ-18-03-04. (Advertised in the West Orange Times on Thursday, May 3, 2018 and Thursday, May 10, 2018). (Planner Jones) The subject property at 451 Ocoee Apopka Road is located on the east side of Ocoee Apopka Road, 1,650 feet north of Silver Star Road with a total of+/-0.83 acres.The Parcel Identification Number is 18-22-28-0000-00- 053. This parcel contains one (1) single-family residence. The applicant is annexing into the City limits to receive City potable water connection. This property is located within the Ocoee-Orange County Joint Planning Area (JPA) and is being considered for annexation as outlined in the JPA Agreement. City staff has requested a City of Ocoee zoning designation of R-1A (Single-Family Dwelling) upon annexation. Orange County has been notified of this petition in accordance with Section 171.044(6)FS and Subsection 13-A of the City of Ocoee-Orange County JPA. The proposed annexation is a logical extension of the City limits, urban services can be provided, and the annexation meets state and local regulations. The land use and initial zoning 8IPage Regular City Commission May 15,2018 are also consistent and compatible with surrounding properties. The owners wish to obtain water service from the City. a) Second Reading of Annexation Ordinance b) Second Reading of Rezoning Ordinance Planner Jones briefly summarized the proposed Annexation and Initial Rezoning of the Vaughn Property at 451 Ocoee Apopka Road, which is located on the east side of Ocoee Apopka Road, 1,650 feet north of Silver Star Road, Parcel Number 18-22-28-0000-00-053. The subject parcel is approximately +/- 0.83 acres and has one existing single-family residence. The Applicant wishes to annex into the City limits to receive a city potable water connection. He shared that there are some accessory structures at the front and back of the property that the applicant has agreed to clean up and remove. Upon annexation, this parcel will receive a "R-1AAA" (Single Family Dwelling) zoning as well as trash and police/fire assistance. City Attorney Cookson read the titles of the ordinances. The public hearing was opened. As no one wished to speak, the public hearing was closed. a) Second Reading of Annexation Ordinance Motion: Move to adopt Ordinance No. 2018-019, Annexation for Vaughn Property — 451 Ocoee Apopka Road, Project No: AX-03-18-72; Moved by Commissioner Firstner, seconded by Commissioner Wilsen; Motion carried unanimously. b) Second Reading of Rezoning Ordinance Motion: Move to adopt Ordinance No. 2018-020, Initial Rezoning for Vaughn Property — 451 Ocoee Apopka Road, Project No: RZ-18-03-04; Moved by Commissioner Firstner, seconded by Commissioner Wilsen; Motion carried unanimously. 12. Second Reading of Ordinance Amending the Land Development Code (LDC) Concerning the Planning and Zoning Commission/Land Planning Agency and the Board of Adjustment. (Advertised in the West Orange Times on Thursday, May 3, 2018). (City Planner Rumer) The First Reading of this Ordinance took place on May 1, 2018. All City Boards and Committees were reviewed in 2016 for compliance with applicable laws (such as those governing dual office holding), which through dialogue between the City Manager, Mayor, and members of the Commission, have prompted closer review of how these groups functioned and whether refinements could be made to better benefit the City and its citizens. Recent examples include the Code Enforcement Board, which was split into a board/magistrate system in 2017; the Human Relations Diversity Board, which had changes made to member eligibility guidelines in 2016; and the Violations Hearing Board was recently changed to a magistrate system. Through extensive review of the statutorily defined roles of the Planning and Zoning Commission and the Board of Adjustment as well as analysis of similar local governments, changes to the Land Development Code 9IPage Regular City Commission May 15,2018 governing the Planning and Zoning Commission are proposed.Notable proposed changes include transition to a five member Planning and Zoning Commission as well as dissolution of the Board of Adjustment and combination of its duties with those of the Planning and Zoning Commission. A complete summary of the proposed changes to the Planning and Zoning Commission and Board of Adjustment can be found on the staff report. a) Second Reading of Ordinance b) Resolution (this item is not a public hearing) City Planner Rumer briefly summarized the proposed Ordinance Amending the LDC relating to the Planning and Zoning Commission and the Board of Adjustment. All City Boards and Committees are being reviewed with regards to their functions and whether refinements could be made to better benefit the City and its citizens. Recent examples include the Code Enforcement Board, which was split into a board/magistrate system in 2017. He explained development review for the City of Ocoee will experience a change in the near future with the recent adoptions of the SR 429 Overlay and the Downtown Master plan, as well as the CRA Target Areas. The development requirements of these defined areas are more of a function of architectural review and the projects place and space presence, then the traditional suburban auto oriented development criteria. Projects will be identified by their buildings and less on landscape buffers, parking lots, and stormwater ponds. As a result of many underlying issues, City Staff has requested proposed updates to both the Planning and Zoning Commission and Board of Adjustment Boards. He explained the proposed ordinance reduces the number of Planning and Zoning Commissioners from nine (9) members to five (5) as well as dissolution of the Board of Adjustment and combination of its duties with those of the Planning and Zoning Commission. An associated resolution will also need to be adopted after the ordinance, which will create the perimeters for the dissolution of the Board of Adjustment and the new Planning and Zoning Commission along with a new meeting time. He further explained some of the additional proposed changes to the ordinance which include removal after three (3) absences and removal of the final site plan and final subdivision process. The public hearing was opened. Gregory Keethler, 2430 Orsota Circle, shared his concerns and provided some suggestions to the proposed ordinance, specifically with regards to membership eligibility, number of members on the Commission, and the matter of site plan review. He additionally, expressed a desire to remain on the board if that opportunity is offered to him. Rob McKey, 1110 Wineberry Court, shared his concerns with regards to the proposed ordinance and said that he agrees with the recommendations proposed by Mr. Keethler. He inquired if the Planning and Zoning Comments were provided to the Commission. City Planner Rumer answered in the affirmative; further advising, the draft minutes from their Planning and Zoning Meeting were provided. The public hearing was closed. Mayor Johnson acknowledged the emails that were received and printed for the record. 101Page Regular City Commission May 15,2018 Commissioner Oliver shared there were some great points made and he did receive all the emails. He indicated that he feels some edits should be made and this should not be for vote tonight. Commissioner Firstner shared that the only issue he has with the proposed changes is the residential requirements of board members. He feels that property owners that do not live in the City will be a disservice. Commissioner Wilsen shared that initially she did not have a problem, but after reviewing it some more, she now has some concerns. She feels it is beneficial to our City residents to be involved in City matters by volunteering their time, service, and talent on City boards. With regards to this ordinance she feels there should be no further reduction of board members and maybe the quorum can be set lower. She further voiced her concerns with the new selection of members and how it would not be geographical balanced. Commissioner Wilsen indicated the three (3) absences should be considered unexcused if being removed from the board and that the board membership should only be made up of City residents. She inquired why they could not require term limits for this board as the City Commission is currently on term limits. Commissioner Grogan shared he does feel agree that it should be a resident of the City to serve on this board and that it should be three (3) unexcused absences for removal from the board not just three (3) absences. He further shared he agrees with the other proposed changes as he has already spoken with City staff about the changes and why they are being presented. Mayor Johnson shared that voting for these proposed changes does not mean they are against the citizens as the City Commission has the overall City to consider when making decisions. There will be some who do not agree with their decision but they are supposed to do what is right and not be ashamed to do so as there are two sides to all things. He further shared he also agrees with the resident requirements but agrees with Commissioner Wilsen that maybe they should consider time limits. City Attorney Cookson read the title of the ordinance. Mayor Johnson further clarified that it is his understanding that the City Commission still has the opportunity to nominate the current Planning and Zoning member from their district for consideration to the newly restructured board. Brief discussion ensued. a) Second Reading of Ordinance Motion: Move to keep the requirement that all Planning and Zoning Commission board members be City residents and amend the ordinance by removing the verbiage that states members can be owners of real property; Moved by Commissioner Wilsen, seconded by Commissioner Firstner; Motion carried 5-0. 11IPage Regular City Commission May 15,2018 Motion: Move to maintain the nine (9) member Planning and Zoning Commission; Moved by Commissioner Wilsen, seconded by Commissioner Oliver; Commissioner Wilsen inquired about maintaining the nine (9) member board and reducing the quorum requirement to three (3) members. City Attorney Cookson advised he would have to research that as he does not believe that is something they can be done pursuant to Robert's Rule of Order. Motion failed 2-3 with Mayor Johnson, Commissioner Grogan, and Commissioner Firstner opposing. City Planner Rumer explained the current process for which staff determines an absence to be excused or unexcused. Further discussion ensued. Motion: Move to amend the ordinance to provide for missing three (3) unexcused absences shall result in removal; Moved by Commissioner Oliver, seconded by Commissioner Wilsen; Commissioner Oliver said he was thinking they should add verbiage on how they identify unexcused absences as a"No Call No Show Policy". Commission Grogan indicated that is how staff currently explained the process is handled. Discussion ensued and clarification was provided by the City Attorney. Motion carried 4-1 with Commissioner Firstner opposing. City Planner Rumer inquired if it would be appropriate for the provisions of determining an absence to be placed in the resolution so that if amendments have to be made it will not be by ordinance. City Attorney Cookson indicated they can have the verbiage for three (3) unexcused absences in the ordinance and incorporate the number of limits of excused absences as part of the definition in the resolution. Motion: Move to amend the ordinance by adding that the Planning & Zoning Commission members will be limited to two full terms and then must sit out three years (one full term) before being eligible for reappointment; Moved by Commissioner Wilsen, seconded by Commissioner Firstner; Motion carried 5-0. 12IPage Regular City Commission May 15,2018 Motion: Move to adopt Ordinance No. 2018-021, Amending the Land Development Code (LDC) Concerning the Planning and Zoning Commission/Land Planning Agency and the Board of Adjustment as presented by staff and with the amendments that were adopted by the City Commission; Moved by Commissioner Grogan, seconded by Commissioner Firstner; Motion carried 4-1 with Commissioner Wilsen opposing. b) Resolution City Attorney Cookson read the title of the resolution. Motion: Move to adopt Resolution No. 2018-011, Relating to the Planning and Zoning Commission as Authorized by Ordinance No. 2018-021 with the inclusion of a definition of unexcused absences into the resolution; Moved by Commissioner Firstner, seconded by Commissioner Oliver; Motion carried 4-1 with Commissioner Wilsen opposing. City Attorney Cookson briefed the City Commission on the selection process for the newly appointed Planning and Zoning Commission which will occur at the June 5th City Commission Meeting. Brief discussion ensued with regards to modifying the ordinance to include alternate members to the Planning and Zoning Commission. REGULAR AGENDA - None STAFF ACTION ITEMS - None COMMENTS FROM COMMISSIONERS - 9:00 PM Commissioner Grogan—None Commissioner Wilsen— 1) Informed the residents that the CRA area off of State Road 50 is not going to be just grass and to please be patient as the finished result is going to look great 2) Commented that cars at Bill Breeze Park and other city parks are playing amplified music and asked residents to turn down their music in consideration of others enjoying the facilities and residents living nearby. Mayor Johnson asked if staff could look into this. City Manager Frank indicated he believes a section could be added to the park Rules and Regulations to state no amplified music unless a permit by the City has been retained. Consensus of the City Commission was to update the Parks Rules and Regulations to state no amplified music is allowed; and further, place new signage stating "No amplified music" at City parks. 13IPage Regular City Commission May 15,2018 Commissioner Firstner— 1) Announced the Police Department's 9th Annual Community Picnic is this Saturday, May 19th from 11 am to 2pm at Freedom Park 2) Announced the Memorial Day Ceremony is Friday, May 25th, from 11 am to fpm at the Bill Breeze Park gazebo and asked everyone to come out. Commissioner Oliver—None Mayor Johnson — 1) Commented with regards to concerns about traffic congestion on Clarke Road and asked if the City can look into what it would cost to rectify it. City Manager Frank indicated he knows what Commissioner Oliver is referring to, which is congestion between 5pm to 6pm and perhaps resetting the stoplights would help 2) Inquired from Public Works Director Krug about the stoplights at Maguire Road and State Road 50 as he believes they are not timed correctly. Public Works Director Krug indicated currently the City is working with the State reconfiguring the traffic signals; and further, he stated Clarke Road at Clarcona-Ocoee Road is also being looked into, because it is getting congested throughout the day 3) Inquired about the landscaping maintenance and installing streetlights on the new Maguire extension. Public Works Director Krug stated the City is currently working on installing traffic signals at both ends of the intersection. Mayor Johnson asked about the lights on Ingram Road to which Public Works Director Krug said he is optimistic about Duke Energy coming forth with figures soon which then can be added to the upcoming budget. Mayor Johnson stated lights need to be installed off of Maguire Road near Roberson Road. Commissioner Wilsen stated there are no lane markings on Blackwood Avenue in front of the hospital when turning onto State Road 50. Public Works Director Krug stated a similar situation occurred on Maguire; however, the City will be correcting this. Mayor Johnson mentioned the City spent a lot of money installing beautiful trees, which need to be looked after so they stay healthy. Public Works Director Krug indicated they have an arborist coming out to look at them 4) Asked for a motion to cancel the City Commission meeting scheduled for Tuesday, July 3, 2018. Motion: Move to cancel the City Commission meeting scheduled for Tuesday, July 3, 2018; Moved by Commissioner Wilsen, seconded by Commissioner Firstner; Motion carried unanimously. ADJOURNMENT - 9:11 PM APPROVED: Attest: •• HOc Melanie Sibbitt, City Clerk Rusty Joh',so ayor 141 Page