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HomeMy WebLinkAbout09-18-18 Minutes MINUTES REGULAR CITY COMMISSION MEETING SEPTEMBER 18,2018 CALL TO ORDER- 6:15 PM Mayor Johnson called the regular session to order at 6:15 PM in the Commission Chambers of City Hall. The invocation was led by Mayor Johnson, followed by the Pledge of Allegiance to the Flag led by Commissioner Firstner. City Clerk Sibbitt called roll and declared a quorum present. Present: Commissioner Grogan, Commissioner Wilsen, Mayor Johnson, Commissioner Firstner Absent: Commissioner Oliver Also Present: City Manager Frank, City Attorney Cookson, City Clerk Sibbitt PRESENTATIONS AND PROCLAMATIONS - 6:16 PM Proclamations - West Orange Healthy Selfie Day — September 21st read and proclaimed by Mayor Johnson accepted by a member from Healthy West Orange. Presentation by Summit Construction Regarding a Proposed Fire Station Assistant City Manager Shadrix introduced Chip Cordes of Summit Construction who is proposing a partnership with the City in constructing a new Fire Station located within the northwest area of the City. Mr. Cordes presented a PowerPoint outlining the P3 (Public, Private, Partnership) Fire Station Development Program. He overviewed the prototype design options, the proposed location, the Fire Station features and highlights, the procurement method, and the financing process. The proposed property is located on the north side of West Road,just west of SR 429 behind the Publix Shopping Center and consists of eleven total acres of which two acres would be dedicated to the Fire Station. City Attorney Cookson inquired if there were any Fire Stations in Ocoee or nearby that he described. Mr. Cordes explained the closest of the prototype projects are in the City of Boynton Beach for which they started the process of constructing a Public Service Building that will house Fire, Police and a New City Hall. They are also working with the City of Longwood, Flagler County and Mount Dora. City Attorney Cookson then inquired if the three bay prototype presented has been constructed anywhere in Florida. Mr. Cordes stated no, and explained that they are all brand new prototypes that have been formatted over the last 12-16 months. Sherrie Wolski, 607 East Lakeshore Drive, asked if any land was dedicated to wildlife. Mr. Cordes confirmed that three acres would remain. City Manager Frank expressed that he believe this to be a valid option for the City to consider. Mayor Johnson strongly believes that given the growth on the north side that the City needs a Fire Station built in the area. He recommended that the City Manager and City Attorney sit and talk with Summit Construction. Regular City Commission September 18, 2018 City Attorney Cookson inquired if the financing includes the acquisition of the property. Mr. Cordes answered that it includes everything. He further explained that even though it is written up as a lease the City receives the title to the property and building immediately. COMMENTS FROM CITIZENS/PUBLIC - 6:34 PM Glenda Dunn, 18 N. Lakeshore Drive, inquired about the location of the new public restrooms at the Lakeshore Park. Support Services Director Al Butler provided the concept plan and 90% drawing plans that showed the location of the restrooms and some additional amenities that will be located in that area. Ms. Dunn shared that she wanted it on record that she is not in favor of the restroom being located directly across from her house. Christine Moore, Orange County School Board Member, updated the City on a few items before her term comes to an end. She explained that she resigned from the School Board to run for Orange County Commission. Currently Ocoee has three Prototypes Elementary School: Spring Lake, Ocoee and Prairie Lake. She also noted that Orange County has two parcels dedicated for future use of elementary schools within Ocoee. In addition, Orange County has one parcel on Ingram Road dedicated for a Middle School, but does not see that moving forward for at least 10 years. Renovation on the Security Fence upgrade at Ocoee Middle School is complete, and the Gym should be receiving a complete renovation very soon. The County is currently in the design standards phase of bringing a Vocational Tech Center aka Orange Technical College to Ocoee. It will be located on Ocoee-Apopka Road across from Ocoee High School. It will be for the construction trades. They are looking at 2020 for the finalized building. The second Ocoee Carnival Day was an amazing event to bring the children together and help them recognize the importance of being an Ocoee resident. In preparation for the event several teachers assigned projects, to enlighten the children, on the history of Ocoee. She noted that one particular art piece was incredible, and recommended displaying it at City Hall. Each school displays plaques to represent the construction of a new school. At Ocoee Elementary the 1922 and 1979 plaques can be seen on the outside of the building. Mayor Johnson thanked Christine Moore for her years of dedication. He acknowledged her years of hard work and expressed his appreciation for working so well with the City for their schools. Member Grogan also expressed gratitude for Christine's hard work, and wished her well on her race for County Commissioner. Member Wilson asked to get a consensus from the Board to allow the art work to be displayed at the City. Mayor Johnson stated that the art work from the Carnival Day along with another piece from Spring Lake Elementary would be allowed for display. Robert Darroch, 114 Olympus Drive, shared his concerns regarding the high water levels on Lake Olympia and Starke Lake. He explained that their docks are under roughly 1' of water. He asked if the gate valve for the drain wells could be opened to help lower the water from Lake Olympia to Starke Lake; thus draining the water out of the residents backyard. Public Works Director Steve Krug advised that the gate valves were opened today and further explained that it would normalize Lake Olympia by about 12 inches. Regular City Commission September 18,2018 Steve Bauman, 106 Olympus Drive, opted to not address the Commission and said he shared the same sentiments with his neighbor Robert Darroch. Edward Quinn, 1081 Coastal Circle, suggested a workshop to work with Public Works Director Steve Krug to review the possibility of additional solutions to resolve the high water concerns. Public Works Director Steve Krug explained they are limited on the solutions for draining the lakes. He further explained they are working with St. John's Water Management and are also trying to locate old drain wells as St. John's Water Management is encouraging that they do not install any new wells. It may take several months before they have a solution. Sherrie Wolski, 607 East Lakeshore Drive, addressed the City Commission about a code violation she received regarding a boat trailer that is located in her back yard, which has been there for 30+ years. She was told by a Code Enforcement Officer that she needs a 6' Opaque fence to hide the trailer from view. It is her recommendation to change the Ordinance to only require 4' fence. Director of Support Services Butler expressed empathy for her situation, and explained the process Code Enforcement follows. He also explained the process to ask the City for a variance. Barbara Hogan, 505 E Lakeshore Drive, noted that she did not receive a letter from the City; however, she did receive a community notice regarding a violation on a trailer that has been allowed for the past 25 years. Given the length of time this has been allowed she inquired about the possibility of a variance, and asked the commission to take into consideration the cost associated with the changes that are being required. City Planner Rumer explained the Land Development Code and the variance process. Ms. Hogan inquired if an extension would be granted by Code Enforcement while filing for a variance. City Planner Rumer explained that an extension will be granted once the variance has been applied for. Commissioner Wilson explained that the fees associated with variance may outweigh the cost of a fence, and to be mindful when deciding which direction she decides to go. She also noted that the City may grant her variance but her Homeowners' Association may still not allow it. Ms. Hogan asked based on the length of time that it is has been allowed, could it not be grandfathered in? Mayor Johnson explained unfortunately the City has codes that must be followed. He suggested waiving the fee for the fence permit. City Manager Frank said the Commission could approve waiving the permitting fees. STAFF REPORTS AND AGENDA REVIEW- 7:23 PM City Manager Frank announced before them, related to Item #4, is a copy of a new agreement as there was a minor change. Regular City Commission September 18, 2018 COMMISSIONERS ANNOUNCEMENTS -7:24 PM Commissioner Grogan—None Commissioner Wilsen — Asked that Item #5 be pulled for separate consideration from the consent agenda as she is unable to vote, due to a conflict. (Form 8B is filed with the City Clerk's Department.) Commissioner Firstner — Shared that he attended a Municipality Advisory Committee for the Orlando Metro Plan. He updated everyone on the transportation improvement project and Silver Star Road Extension. He noted the funding for the planning phase has been awarded. Things will be moving forward. Mayor Johnson — 1) Announced Coffee with a Cop is Tomorrow, September 19th from 3:00 PM to 5:00 PM at McDonald's on W. Colonial Drive. Join your neighbors and Police Officers for Coffee and Conversation. 2) Commissioner Oliver is holding a Town Hall Meeting next Monday, September 24th from 6 PM to 8 PM here in City Hall. Discussions will detail what's happening in District 4. 3) The Final Budget Public Hearing is next Wednesday, September 26th at 6:00 PM here in City Hall. Residents will be provided with the opportunity to voice their opinions or concerns regarding the City's proposed budget for Fiscal Year 2018-2019. CONSENT AGENDA- 7:27 PM Consent Aqenda Motion Commissioner Wilson requested to pull Item #5 from the Consent Agenda for separate consideration. Motion: Move to adopt the Consent Agenda Items #1 - #11, with Item #5 being pulled for separate consideration. Moved by Commissioner Grogan, seconded by Commissioner Firstner; Motion carried 4-0 with Commissioner Oliver absent. 1. Approval of the Minutes for the Regular City Commission Meeting held August 21, 2018. (City Clerk Sibbitt) Approved on Consent. Motion carried 4-0 with Commissioner Oliver absent. 2. Approval of CSC Recording Solutions Agreement. (City,Clerk Sibbitt) The City of Ocoee currently utilizes the United States Postal Service to mail City documents that require recordation to the Orange County Comptroller's Official Records Department, which is a time consuming process. The Orange County Comptroller's Official Records Department now offers eRecording. The eRecording process is a more cost effective, efficient and secure method for recording documents. With eRecording, documents can be tracked through the entire recording process, which eliminates the potential for lost documents. Documents are typically recorded the same day; and further, once the document is recorded, access to the recorded document can be immediately retrieved. This process utilizes a vendor application to Regular City Commission September 18,2018 upload the document. The original documents will never leave the City's possession, and funds are transferred to the vendor for the recording fees. A nominal fee of$4.00 per document is paid to the vendor for processing. Staff is recommending utilizing CSC Recording Solutions for the vendor. The agreement is effective upon approval and may be terminated for any reason upon a thirty(30)day written notice. Approved on Consent. Motion carried 4-0 with Commissioner Oliver absent. 3. Approval of the Fourth Amendment to Development & Economic 'Incentive Agreement for City Center West Orange. (City Planner Rumer) On September 6, 2016, the City Commission approved and executed a Development and Economic Incentive Agreement for City Center West Orange Phase 1, by and between CCWO Development Management, LLC, WSCC Development,LLC,MB II,the City of Ocoee, and the Ocoee CRA, for the development of City Center West Orange. Subsequent to the execution of the Original Agreement, which was on October 3, 2016, CBPW acquired the property fee simple from WSCC Development, LLC by a Special Warranty Deed. By its acquisition of the above-referenced parcels, CBPW must undertake all obligations inuring to WSCC Development, LLC and CCWO Development Management, LLC under the Original Agreement and by this Amendment. Additionally, a First Amendment to Development and Economic Incentive Agreement was approved at the December 6, 2016 City Commission meeting. The Second Amendment to Development and Economic Incentive Agreement was approved at the January 17, 2017 City Commission meeting, and the Third Amendment to Development and Economic Incentive Agreement was approved at the December 20, 2018 City Commission meeting; and further, on June 19, 2018 and July 17, 2018 the City Commission voted to extend time under the agreement. The Developer has since created a Community Development District (CDD) on all of the City Center West Orange Lands. The CDD will repay the developer for infrastructure improvements made to date and to other improvements going forward. In order to adequately finish the Y' previously approved infrastructure improvements and additional improvements to be made from new lands purchased, the Developer is requesting one final Amendment to the Development and Incentive Agreement. The Fourth Amendment to Development and Economic Incentive Agreement provides for the expiration dates for Building Permit submittal to be extended from July 2, 2018 to September 18, 2019 and construction completion of Maine Street Section 2 date from July 2,2018 to September 18,2019. Approved on Consent. Motion carried 4-0 with Commissioner Oliver absent. 4. Approval of Second Amendment to Development Agreement with Fountains West,Lot 8,Planned Unit Development(PUD). (City Planner Rumer) 1 Fountains West PUD property is located on the northeast corner of the intersection of West Road and Ocoee- Apopka Road. The property encompasses approximately 43.03 acres of land of which approximately 4.73 acres was designated as wetland/conservation and was dedicated to the City.Additionally, as part of the onsite wetland mitigation, 1.1 acres was dedicated to the City as a Public Trail(Tract G). The approved PUD created eight(8)commercial lots of which one(1) lot is designated as a shopping center(Lot 6-Publix)and another as a large church facility(Lot 8-Living Waters Church). On June 19,2018, a Substantial Amendment to the PUD to change the permitted uses of Lot 8 from a Church use to include Commercial, Self-storage, and daycare uses was approved. The revision to the PUD also included phasing the project in multiple phases. Phase 1 will include a 102,600 square foot three-story indoor self-storage facility and possible 18,000 square feet of retail space or daycare. The indoor self-storage is proposed to be accessed via internal drive aisles within the building. The applicant is working on providing a future location for the Ocoee Fire Department in Phase 2 or Phase 3. The proposed Second Amendment to the Development Agreement is to update the permitted uses in the Development Agreement. The list of permitted uses was provided for in the Substantial Amendment approval. However,the applicant requested to remove the retail use based on an agreement with the owners of Lot 6 (Publix Center). Staff supports the change to the table of permitted uses as the proposed development program does not include a retail user. Approved on Consent. Motion carried 4-0 with Commissioner Oliver absent. Regular City Commission September 18, 2018 5. Approval of Community Grant Program — July 2018 Cycle. (Community Relations Manager Wright) The Community Grant Review Board (CGRB) met on August 15, 2018 to discuss the eight applications received for the Community Grant Program. The Community Grant Program provides financial grants of up to $500 to non-profit organizations and civic groups located within the city limits or outside the city limits, but providing benefits to residents of Ocoee. The grant cycle is open twice yearly (January and July) to acknowledge excellence and further the contributions these local organizations bring to the Ocoee community. There is $7,000 allotted for this cycle of the Community Grant Program. The Community Grant Review Board recommends funding seven (7) organizations in the total amount of $3,500. From the eight (8) applications received, one (1) organization was denied, the Central Florida Regional Science Olympiad Competition. The organization requested grant funds to pay for polo shirts for their volunteers. This does not meet the grant criteria. Motion: Move to adopt Consent Agenda Item #5. Moved by Commissioner Grogan, seconded by Commissioner Firstner; Motion carried 3-0 with Commissioner Oliver being absent and Commissioner Wilsen abstaining. (Form 88 is filed with the City Clerk's Department.) 6. Approval of a Two-Year Warranty Surety and Maintenance, Materials, and Workmanship Agreement with Letter of Credit with BCI IV Park 429 Logistics Center 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. In May of 2018, the original developer, BPG Ocoee 1 LLC completed construction of the infrastructure improvements and entered into a two year Maintenance, Materials, and Workmanship Agreement(MM&W Agreement)with the City and provided a Letter of Credit insuring the public improvements. The property has since changed ownership from BPG Ocoee 1 LLC to BCI IV Park 429 Logistics Center LLC. The current ownership wishes to replace the existing MM&W Agreement and Letter of Credit with a MM&W Agreement and Letter of Credit between themselves and the City. BCI IV Park 429 Logistics Center LLC has provided the City with a Letter of Credit in the amount of 10%of the constructed improvements($74,722.50). The Letter of Credit will be kept on file with the signed Maintenance, Materials, and Workmanship Agreement. This will ensure that funds will be available should they be needed during the two-year warranty period. The existing MM&W Agreement with BPG Ocoee 1 LLC will be voided and the original Letter of Credit will be returned to BPG Ocoee 1 LLC. The new Surety will be returned to BCI IV Park 429 Logistics Center LLC 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 4-0 with Commissioner Oliver absent. 7. Approval to Award the Design of Ocoee Wellness Park to GAI Consultants, Inc. Community Solutions Group in the Amount of $144,155 to be Funded by the Community Redevelopment Agency (CRA). (Deputy Development Services Director/CRA Administrator Corless) The area known as the Ocoee Wellness Park is located on Bluford Avenue north of Old Winter Garden Road. The proposed park currently includes a Florida Department of Transportation (FDOT) stormwater retention facility. FDOT has,through an agreement, agreed to allow the City to use the existing site as a public amenity or park. The Community Redevelopment Agency's FY 2017-2018 budget identified funding to prepare engineering and design documentation for the area designated as the Ocoee's Wellness Park. The design documentation will be based on the Ocoee Wellness Park Conceptual Master Plan that was prepared in 2014. The design will also incorporate the stormwater pond that is located in front of the City of Ocoee's Police Department and tie into the surrounding sidewalk system. GAI Consultants, Inc., is currently one of the firms Regular City Commission September 18, 2018 the City has under contract to provide continuing landscape architecture and planning services, including park design services. Approved on Consent. Motion carried 4-0 with Commissioner Oliver absent. 8. Approval to Award the South Blackwood Avenue Landscape Refresh Project Located between Old Winter Garden Road and State Road 50 to BrightView Landscape Services. (Deputy,Development Services Director/CRA Administrator Corless) The Community Redevelopment Agency's (CRA) budget designated funds to refresh the landscape on S.Blackwood Avenue between Old Winter Garden Road and SR 50. The existing landscape on S. Blackwood is in poor condition and detracts from the overall aesthetics of the Redevelopment District especially when compared to the adjacent recent installation of plant materials on Old Winter Garden Road. BrightView is currently under contract to provide landscape maintenance and upon request may provide a proposal to improve the City's landscape areas. Following several meetings between BrightView and the City, the City's Urban Designer prepared design documents directing the replacement of top soil, use of soil amendments, a detailed planting plan that includes the addition of grasses and plant materials that complement the Old Winter Garden Road planting,and specified the need to upgrade irrigation to properly meet the new landscape design. Approved on Consent. Motion carried 4-0 with Commissioner Oliver absent. 9. Approval of Joint Participation Agreement and Resolution for the Landscaping, Improvements in the Medians of State Road 50 (Colonial Drive) between State Road 429 and Good Homes Road. (Deputy Development Services Director/CRA Administrator Corless) The City submitted a request to the Florida Department of Transportation (FDOT) for funds to landscape the medians of State Road (SR) 50, between SR 429 and Good Homes Road. Based on the City's request, FDOT has awarded the project a total of$775,000 to be reimbursed to the City over two fiscal years; Fiscal Year 2018/2019 $500,000 and Fiscal Year 2019/2020 $275,000. FDOT will reimburse the City the costs for the purchase of plant materials, fertilizer, soil amendments, mulches, staking and mulches, and labor associated with the installation of the planting. The City is responsible for all other costs including the preparation of construction documents that comply with FDOT design criteria, cost of securing the services of construction engineering,inspection and irrigation.The project must be completed prior to June 30,2020. Approved on Consent. Motion carried 4-0 with Commissioner Oliver absent. 10. -Approval of Change Order No. 1 Regarding Marshall Farms Road Resurfacing,Bid #B18-02 Asphalt Paving Projects FY 2018 with Orlando Paving Company. (Public Works Director Krug) At the May 15, 2018 Commission meeting,the FY 2018 Asphalt Paving Projects bid was awarded to Hubbard Construction Company(HCC). The City had allocated funding for the resurfacing of Marshall Farms Road in previous fiscal years, yet deferred moving forward with the work until such time as the parallel State Road 50 widening project was completed. The State completed their project about the same time the City awarded the resurfacing projects. Public Works approached HCC to extend the awarded bid pricing to incorporate the work on Marshall Farms Road as this heavily traveled access road for commercial traffic is long overdue for resurfacing. The $288,465.39 cost to mill and resurface approximately 3,000 linear feet of roadway is adequately funded with the carry-forward funds allocated for this project in previous fiscal years. Public Works recommends approval of the change order to incorporate Marshall Farms Road resurfacing in the FY 2018 asphalt paving program. Approved on Consent. Motion carried 4-0 with Commissioner Oliver absent. Regular City Commission 1 September 18, 2018 11. Approval of Atlantic Civil (City of Winter Garden's Contactor) Constructing Approximately 500 Feet of 8-Inch Water Main from the Southwest Development Utility ImprovementsPhase II. (Utilities Director Smith) The Southwest Development Area (SWDA) is comprised of five (5) parcels of land located in the southwest corner of the City of Ocoee, more specifically adjacent to Tomyn Boulevard/Windermere Road and Roberson Road between Patriots Point Drive and Wesmere Parkway. Each parcel on its own would not be large enough to extend utilities to support the parcels' development. Therefore,the City initiated a"Southwest Development Utility Project" causing the needed utilities to be designed and permitted. Phase II of the project was planned to be constructed by the first of the developing parcels along Roberson Road. To cover the construction costs of the project, each of the parcels upon development shall reimburse the City their fair share. Legacy Lifestyle of Ocoee has agreed to construct Phase II. Legacy will be allowed to use their fair share obligation and their water/sewer capital fees to offset construction costs. Legacy must provide needed funds over their fair share and capital fees if construction costs are more than the combined share and fee; and further, reimburse the difference if the construction costs are less than their total obligation. On June 19, 2018, City Commission approved Winter Garden's Contractor,Atlantic Civil,to construct 780 feet of 8-inch water main from Phase II, which coincides with the construction limits of Winter Garden's roundabout project. City staff reached out to Atlantic Civil to add approximately 500 feet of 8-inch water main along Windermere Road to connect to the nearest charged water main north of the roundabout. Atlantic Civil issued the City a proposal of$72,574.44 for all the work needed to construct the water main extension. The remaining portion of the Phase II project will remain the responsibility of the Legacy Lifestyle of Ocoee. Approved on Consent. Motion carried 4-0 with Commissioner Oliver absent. PUBLIC HEARING - 7:28PM 12. Nicole Boulevard Subdivision Preliminary & Final Subdivision Plan (PSP/FSP); Project No: LS-2018-004. (Advertised in the West Orange Times on Thursday, August 30, 2018.) (City Planner Rumer) Continued to a date to be determined City Planner Rumer announced this item has been requested by City staff to be rescheduled to an undetermined date. Once it is rescheduled, City staff will be advertising and mailing the 300- foot notices. FIRST READING OF ORDINANCE—7:28 PM 13. First Reading of Ordinance for an Amendment to the Land Development Code (LDC) Concerning Collection Bins and Collection Trailers. (Second Reading and Public Hearing Date scheduled for October 2, 2018, Regular Commission Meeting at 6:15 p.m. or soon thereafter) (City Planner Rumer) Donation collection bins are small containers dedicated for the sole purpose of collecting discarded materials for reuse. Most collection bids advertise the reuse to benefit a nonprofit charitable organization. Typical items that are expected to be received are clothing, toys, and small electronics. The bins are considered accessory structures in commercially zoned and developed properties. The collection bins are not typically manned on a day to day basis. The City has regulated the location of collection bins in Article VI of the Land Development Code (LDC). Article VI allows the use of containers if they are within fully screened masonry enclosures designed for that purpose, and they must be substantially screened from view from adjacent roads or parking areas. A dumpster enclosure is the best illustration of meeting the requirement. In order to more clearly define how clothes collection bins and collection trailers are regulated, an amendment to the Land Development Code defining the terms and regulations is being proposed. Regular City Commission September 18,2018 City Attorney Cookson read the title of the Ordinance. Mayor Johnson announced that this will be presented as a second reading and public hearing at the next scheduled City Commission meeting on October 2, 2018 at 6:15 PM or soon thereafter. Mayor Johnson called a 5 minute recess at 7:29 PM SECOND READING OF ORDINANCES—None REGULAR AGENDA - 7:33PM 14. City Commission Selection of the Preferred Option for Providing Temporary Housing for the Human Resources Department Pending Construction of a New City Hall. (Support Services Director Butler) Providing housing for the HR staff is the first step in building a new City Hall. The City Employee Clinic is presently located on the property needed to construct the new City Hall. Thus, the clinic must be relocated to make room for City Hall construction, which is anticipated to start in March 2019. The site selected for the future clinic is the western end of the City Hall Annex building, which is the space currently occupied by the City Commission offices and the City's Human Relations Department. This means that the first step in constructing the new City Hall is relocating the Human Relations Department to a temporary location in time to allow reconstruction of the space so the clinic can be relocated prior to March 2019. While construction documents were being prepared for remodeling the current HR space to house the clinic,city staff searched for suitable property to provide the required temporary space for the HR staff. The following basic options exist for providing temporary housing of the Human Resources Department staff (five persons plus space for employee discussions, candidate interviews,and other needs): 1. Lease a portable unit and place it on city-owned property at an estimated cost of$71,140. This option includes the cost of the unit, interior build-out, utility connections, and restoration to original condition after the staff is moved to City Hall. 2. Rent commercially available office space in the city at a cost of$52,500 to$102,600,not including the cost of any required remodeling to accommodate city staff and related space needs. 3. Purchase the property at 125 E. McKey Street at a price of$250,000 plus closing cost of$10,000 and early lease termination/possession fees totaling$25,000. 4. Fail to renew the lease for Senator Bracy at the end of November 2018 and modify the space at the east end of the City Hall Annex to accommodate the HR Department at a cost of$18,000.There will also be the loss of$24,000 in lease revenues and possibly some costs associated with eliminating the adjacent City Clerk storage space. Support Services Director Butler explained that there are a series of things that have to occur with the construction of the New City Hall and one of those is moving the Human Resources Department. He further shared the four (4) options that exist for providing temporary housing of the Human Resources Department. He concluded that the two viable options are purchasing the house at 125 E. McKey Street and remodeling it, or not renewing the lease for Senator Bracy at the end of November and modifying the east end of the City Hall Annex building. Public Comments Hector Augusto, current tenant at 125 E. McKey Street, shared that he recently moved to the property in January. His wife is currently dealing with medical issues and he is asking the City Commission to please choose one of the other three options. If purchasing the home is the best option for the City, he will make do as he does have a plan worked out with the owner. Regular City Commission September 18,2018 Jim Nielson, 109 E. McKey Street, shared that he is not in favor of option #3 which is the purchase of the property at 125 E. McKey Street. He has lived next door to his current resident since 1989. He further shared his personal objections and also stated that option #3 is not the most financially prudent option. Margie Cox, 137 Lafayette Street, shared that she is not interested in option #3 which is the purchase of the property at 125 E. McKey Street; and further, feels that option #4 is clearly the least expensive and smartest option. Option#4 is to not renew the lease for Senator Bracy. Mayor Johnson briefly shared that the City is not interested in taking away land from their neighborhood. He provided further explanation on why the City was tasked to seek out property for the Human Resources Department which stemmed from a discussion at a previous City Commission Meeting in which it was asked that the Senator and Representative not be moved from the annex building. Tim Blick, 113 S. Lakeshore Drive, shared that the City is going to have to put a lot of money into the house at 125 E. McKey Street as he is aware of some repairs that are needed to the roof and air conditioning. He opined that it is not just the purchase price but also the renovation cost that the City needs to consider. Commissioner Grogan shared that his understanding is that the City does not have any intentions of making the property at 125 E. McKey Street a Commercial property. He further shared the acquisition of the property, as it is available for the City to purchase, is to widen the park to make more green space. He further feels it is viable that the City purchases the property while leaving the current family in the home; and further suggests, they also proceed with option #4 and have the Human Resources Department be moved into the annex building. Commissioner Wilsen shared her discontent with the City not informing the surrounding residents in that area about the purchase of the property for a future City office space. She opined that purchasing property in that location does not reassure the neighboring residents that the City is not going to go out and purchase more property. She voiced that if the most cost effective option is to not renew the lease with Senator Bracy that she is okay with that option. Commissioner Firstner shared he does not believe Option #1 or #2 is feasible for the City as they would be spending a lot of money and would have nothing to show for it. He would be in favor of proceeding with option#4 as it is the most cost effective and accommodating option. He further opined that option #3 is the best return investment to the City if they purchase the property. He explained that the sale of the property was offered to the City by the owner. He personally feels if the Commission proceeds with option#3 and#4 that the City could work with the Augusto Family as there would be no urgency for them to move out. Joy Nielson, 109 E. McKey Street, shared that when they first saw the plans for the improvement of the Lakeshore Park it showed a huge parking lot with a boat ramp located at the property at 125 E. McKey Street. Her fear is that there is a motive to acquire that property to convert to a parking lot with a boat ramp in the future which would really hurt their neighborhood. Support Regular City Commission September 18,2018 Services Director Butler shared that in the early stages of planning the conceptual plans did show a boat ramp; however, there are currently no plans for a boat ramp as there is no funding for Phase III. Jim Nielson, 109 E. McKey Street, shared if the property is purchased by the City there are no guarantees to the residents if someone new is elected. Mayor Johnson briefly commented that the homes that were purchased by the City in that area were sold to them by the owner or were dilapidated and no one else wanted to purchase it. He further shared that if the City purchased the property at 125 E. McKey Street they could work with the Augusto Family and put a stipulation in the contract the property remain a residence. City Manager Frank shared if the City would like to proceed with the option of purchasing the property and retaining it as a rental, they would just have to have the attorney draft a contract with a lease end date. At the end of the lease, the City could discuss demolition or sale of the property. He further clarified that if the City was looking to change the zoning that the City would have to notice the property, notify the residents, and hold public hearings. The City could not change the use without notifying the neighboring residents. Brief discussion ensued. Mayor Johnson commented that if they purchase the property he would like to hold the property and put a deed restriction on it. Additionally, he is in favor of the Human Resources Department moving offices within the annex building. Commission Wilsen reiterated that what is being proposed is option #4 and also option #3 with the restriction of keeping it as a residential home. She further inquired what would the City be gaining since the home is not in great condition as was stated by a resident. Further discussion ensued on the condition of the home for which Mr. Augusto was allowed to comment on. Commissioner Grogan inquired if it would be a possible to just move forward with one of the options and bring back the purchase of the property to their next meeting with more information. Mayor Johnson inquired if option #3 included ending the lease of Representative Brown as well. Support Services Director Butler shared that they designed the clinic to go around Representatives Brown office space. Mayor Johnson inquired if the Elected Officials offices would be eliminated with the design of the clinic. It was answered in the affirmative. Motion: Move to have the City proceed with ending the lease with Representative Brown and Senator Bracy at the end of November 2018; and modify the space at the east end of the City Hall Annex to accommodate the HR Department; Moved by Commissioner Grogan, seconded by Commissioner Wilsen; Motion carried 4-0 with Commissioner Oliver absent. Support Services Director Butler briefly clarified that the property purchase with Mr. Freeman was not going to occur until February 2019 and included some early buy-out provisions where there would be funds going to both the lessee and the owner. Brief discussion ensued. Mayor Johnson handed the gavel to Commissioner Firstner. City Manager Frank briefly clarified that since a location has been decided for the Human Resources Department the City would not want the property on McKey Street at this point. Regular City Commission September 18,2018 Motion: Move that the City will not purchase the property at 125 E. McKey Street; Moved by Mayor Johnson, seconded by Commissioner Wilsen; Motion carried 4-0 with Commissioner Oliver absent. Commissioner Wilsen thanked the residents for coming this evening and further commented that she hopes in the future that the City notifies residents when items like this are coming before them. Discussion ensued with regards to the Maguire House in which the Mayor announced a misprint that ran in the West Orange Observer stating the City was allowing the Withers- Maguire House to be converted to a bed-and-breakfast. He stated that article was not correct. 15. Authorize the City Manager to Formally Propose use of City Property for Future Location of a St. Johns River Water Management District Local Office. (Assistant City Manager Shadrix) City staff is actively engaged to bring a greater corporate presence to the downtown redevelopment area, the Community Redevelopment Area (CRA), and the State Road 429 corridor, having met with no fewer than a half dozen companies in recent months. There are numerous reasons that bringing a corporate presence to downtown Ocoee is beneficial to our current and future goals. An office building with 50+ professional employees making excellent wages is the type of user necessary in a developing downtown for improving the retail and residential base. The City's economic development team pursued the St. Johns River Water Management District (SJRWMD) for consideration for any future satellite office and wishes to provide a formal proposal to the District at their request. Staff recommends that the City Commission direct the City Manager to submit a proposal letter to the SJRWMD officially offering the city owned property located at the corner of Kissimmee Avenue and McKey Street free of charge for consideration of a future local office. It is recommended that the City Commission direct that the proposal include offerings of free use of the Lakeshore Center,partnership opportunities regarding fleet services,expedited permitting and inspections. Assistant City Manager Shadrix shared that he is requesting the City Commission to direct the City Manager to submit a proposal letter to the SJRWMD officially offering the city owned property located at the corner of Kissimmee Avenue and McKey Street free of charge for consideration of a future local office. It is recommended that the City Commission direct that the proposal include offerings of free use of the Lakeshore Center, partnership opportunities regarding fleet services, expedited permitting and inspections. Commissioner Wilsen shared that a resident has voiced several concerns regarding the height of the building; and further inquired if the building would be three-story building. Assistant City Manager Shadrix advised that they do not know at this point but if they did decide to place an office in Ocoee it would probably be the lowest cost option which would be a one-story building. However, the Land Development Code does allow up to three-stories in that area. Commissioner Wilsen shared that the other concern is use of the Lakeshore Center. City Manager Frank shared that City staff will develop a proposal for use of the Lakeshore Center before they bring this back before the City Commission. Staff would come up with options that would not interfere with the busy months or dates for use of the facility. Assistant City Manager Shadrix shared this will be a great economic boost for a small developing downtown. Regular City Commission September 18, 2018 Motion: Move to Authorize the City Manager to Formally Propose use of City Property for Future Location of a St. Johns River Water Management District Local Office pursuant to staffs recommendation; Moved by Commissioner Grogan, seconded by Commissioner Wilsen; Motion carried 4-0 with Commissioner Oliver absent. STAFF ACTION ITEMS -None COMMENTS FROM COMMISSIONERS - 8:35 PM Commissioner Firstner—None Commissioner Wilsen — Thanked Public Works for the repaving work done on Geneva Street from Maguire to Bluford Road. She also noted that the new milling of Orlando Avenue is looking great and further asked the Police to please be more vigilant on watching for speeders now that the repairs are completed. Public Works Director Steve Krug shared that the next areas of repaving are Malcolm Road along with Tiger Minor Park, Tomyn Road and the re- construction of Marshall Farms Road. He explained that there is a section along Geneva that was not completed due to a drainage issue. Once the drainage issues are corrected then the City will repave that area. Commissioner Grogan—None Mayor Johnson inquired if the City is repairing Bluford Road at Maine Street. Public Works Director Steve Krug shared that the City contracted that work, and advised that the base work is completed. He was told that they hope to have asphalt down either Thursday or Friday, and the roads would be re-opened. ADJOURNMENT—8:38 PM APPROVED: • ttest: City of P fee� l A Sari elanie Sibbitt, City Clerk Rusty o tar FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LA T ME—FIRST NAME—MIDDLE NAME NAM OF BOARD,COUNCIL,COMMIS ON,AUTHORITY,OR COMMITTEE I Oen , irri ,i0. ()eve cOmm6*i) MAILING ADDR SS THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON CI �� �� COUNTY ICH I SERVE IS A UNCITY IT COUNTY ❑OTHER LOCAL AGENCY Ce / j at i JJ /NAIME OF POLIT}CAL SUBDIVISION: CA 1.7/DATE ON WHIC VOTE OCCURRED (JJ // G MY OSITION IS: / CI`g�I g ELECTIVE ❑ APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent, subsidiary, or sibling organization of a principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies(CRAs)under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law.A"business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner,joint venturer, coowner of property, or corporate shareholder(wtere the shares of the corporation are not listed on any national or regional stock exchange). * * * * * * * * * * * * * * * * ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting,who should incorporate the form in the minutes. * * * * * * * * * * * * * * * * APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision)with the person responsible for recording the minutes of the meeting,who will incorporate the form in the minutes. (Continued on page 2) CE FORM 8B-EFF.11/2013 PAGE 1 Adopted by reference in Rule 34-7.010(1)(f),F.A.C. APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST �) / I �l/�, I 1 5, �f`�rl , hereby disclose that on b/ ,20 1 : (a)A measure came or will come before my agency which(check one or more) inured to my special private gain or loss; inured to the special gain or loss of my business associate, ; inured to the special gain or loss of my relative, I� ; )( inured to the special gain or loss of 6Itrib �i i1 %14A0 (' i h i ' A� (.1(.9072-1 , by whom I am retained; or inured to the special gain or loss of ,which is the parent subsidiary, or sibling organization or subsidiary of a principal which has retained me. (b)The measure before my agency and the nature of my conflicting interest in the measure is as follows: If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer, who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way as to provide the public with notice of the conflict. GSC//1/ Date Filed / Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED$10,000. CE FORM 8B-EFF. 11/2013 PAGE 2 Adopted by reference in Rule 34-7.010(1)(f),F.A.C.