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Item 01 Approval of the Minutes for the Regular City Commission Meeting held June 15, 2021 MINUTES REGULAR CITY COMMISSION MEETING JUNE 15, 2021 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 Wilsen. City Clerk Sibbitt called the roll and declared a quorum present. Present: Mayor Johnson, Commissioner Brinson, Commissioner Wilsen, Commissioner Firstner, Commissioner Oliver Also Present: City Manager Frank, City Attorney Cookson, City Clerk Sibbitt PRESENTATIONS AND PROCLAMATIONS - 6:17 PM Proclamation for June 2021 ~ Small Cities Month proclaimed by Mayor Johnson Presentation ~ Commissioner Oliver gave a brief overview of the Ocoee Youth Council. The seniors introduced themselves, and shared their future educational plans. He then introduced Kari Conley, Government and Community Relations Manager at Duke Energy Corporation, and announced a partnership to provide scholarships to four 2021 Ocoee Seniors. Kari Conley shared a brief story. Commissioner Oliver then presented the scholarships and thanked all involved for making this happen. The Fiscal Year 2020 Audit Results Matthew Lee, Audit Manager from McDirmit Davis, provided an overview of the City’s 2020 Financial Audit. The highlights entailed the City’s General Fund, the unassigned Fund Balance, and the Water and Wastewater Fund. He noted that the City received an unmodified audit opinion, which is the best opinion any city can receive. Commissioner Oliver inquired if the report would be sent to Tallahassee and how long it takes to complete an audit. Matthew Lee confirmed that it would be sent to Tallahassee and outlined their timeline, explaining it is roughly 2-3 months. STAFF REPORTS AND AGENDA REVIEW - None COMMENTS FROM CITIZENS/PUBLIC - 6:31 PM No speaker reservation forms were received for this section of Public Comments. Commissioner Firstner asked if Item #26 could be heard next out of Agenda Order. Consensus of the City Commission was to move Item #26 up to be heard prior to the Consent Agenda. 1 | Page Regular City Commission Meeting June 15, 2021 CONSENT AGENDA - 6:57 PM Consent Agenda Motion Motion: Move to adopt the Consent Agenda Items #1 - #16 with Item #3, 7, and 12 being pulled for discussion and separate consideration. Moved by Commissioner Wilsen, seconded by Commissioner Firstner; Motion carried 5-0. 1. Approval of the Minutes for the Regular City Commission Meeting held May 18, 2021. (City Clerk Sibbitt) Approved on Consent. Motion carried 5-0. 2. Approval of New Appointment to the Human Relations Diversity Board. (City Clerk Sibbitt) The Human Relations Diversity Board was created by Resolution in 2003. The purpose of this board is to promote understanding, respect, goodwill, and equality among all citizens and businesses of the City of Ocoee. Members of the Human Relations Diversity Board serve three-year terms and only those persons who reside in Ocoee, who own real property in Ocoee, or who are owners of businesses located in Ocoee shall be eligible for membership. One (1) application has been received by Ross Middleton who is an Associate Pastor at HighPoint Church located in Ocoee and who has shown an interest in being appointed to the Human Relations Diversity Board for a term ending May 2024. Approved on Consent. Motion carried 5-0. 3. Approval of New Appointment to the Citizen Advisory Council for Ocoee Fire Department. (City Clerk Sibbitt) Members of the Citizen Advisory Council for Ocoee Fire Department serve three-year terms. The Resolution creating the Board allows no more than fifteen (15) members. The Board currently has eight (8) members. One application has been received to serve on the Board from Jim Moyer. Commissioner Oliver announced there are six openings and encouraged residents to apply. Motion: Move to approve Consent Agenda Items #3, 7, and 12; Commissioner Oliver, seconded by Commissioner Firstner. Motion carried 5-0. 4. Approval of Reappointments and to Move an Alternate Member to a Regular Member Seat on 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 shall consist of 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 Valerie Odom and Masood Mirza expires June 2021. Both members have expressed an interest in being considered for reappointment. In 2020 both Member Odom and Member Mirza attended eight (8) out of eight (8) meetings. Furthermore, Member Stewart resigned from the board leaving one (1) vacant regular member seat. Alternate Member Joseph Johnson has indicated he is interested in moving into a regular member seat on the board. Approved on Consent. Motion carried 5-0. 2 | Page Regular City Commission Meeting June 15, 2021 5. Approval of Lake Meadow Landing Plat. (Development Engineer Keaton) Lake Meadow Landing Subdivision property is located on the west side of N. Clarke Road, southeast of Lake Meadow, adjacent to the Westchester Subdivision. This Plat is required in order to create the 79 lots for the residential subdivision, associated street right-of-way, and tracts for open space, recreation, and retention facilities. As part of the platting process, the City will convey a 72 square-foot tract of land to the developer which slightly encroaches upon one of the proposed platted lots. The City will also convey a 9,513 square- foot tract of land along a 100-year compensating storage pond to be maintained and owned by the Developer for purposes of drainage. The Lake Meadow Landing Subdivision development is platting prior to receiving a Certificate of Completion; therefore, the developer is required to provide a Surety covering the outstanding proposed improvements as approved in the Preliminary/Final Subdivision Plans for Lake Meadow Landing. Approved on Consent. Motion carried 5-0. 6. Approval to Expand the Body Worn Camera Program. (Police Chief Plasencia) The City of Ocoee Police Department implemented a trial program with ten (10) Body Worn Cameras (“BWCs”) during the Fiscal Year 2016/2017. In 2018, the Police Department expanded the program with the purchase of additional BWCs to outfit the remaining patrol officers. In an effort to further expand the program, the Police Department is requesting twenty-four (24) additional BWCs with unlimited storage to outfit the remaining personnel. This program expansion also includes obtaining twenty-nine (29) additional Taser 7 electronic control devices (“ECDs”). The Police Department is currently in a five-year contract with Axon. The BWC expansion requires entering into a new five (5) year contract with Axon, which would immediately replace the existing contract. The expansion of the program will be funded by the Department’s current budget and Police Impact Fees. Approved on Consent. Motion carried 5-0. 7. Approval to Purchase One (1) Police K9 Vehicle. (Police Chief Plasencia) Recently the Police Department had a K9 vehicle involved in a crash resulting in a total loss as determined by the City’s insurance company. The PD has an emergency need to replace the vehicle to ensure an ability to provide the essential K9 asset, if needed. Duval Ford, a dealer with whom the City has an existing relationship, has a marked patrol K9 vehicle which meets the City’s requirements, available immediately. The vehicle pricing is through the Florida Sheriff’s Association contract. The acquisition of this vehicle would eliminate the delay in ordering a new vehicle from a factory and therefore beneficially expediate delivery. Commissioner Oliver inquired about the recovery of the officer involved in the crash which totaled the K9 vehicle and the replacement cost of the vehicle. Police Chief Plasencia addressed his questions. Motion: Move to approve Consent Agenda Items #3, 7, and 12; Commissioner Oliver, seconded by Commissioner Firstner. Motion carried 5-0. 8. Approval of the School Resource Officer Agreement with Innovation Montessori Charter School. (Police Chief Plasencia) Innovation Montessori Charter School desires to continue contracting with the Ocoee Police Department for a School Resource Officer for their Ocoee campus. The Ocoee Police Department will provide one (1) School Resource Officer, same staffing as last contract, to Innovation Montessori Charter School. Agreements between the City and the Charter Schools are required in order for the Police Department to understand officer responsibilities and for the City to be reimbursed by the Charter School's Board of Directors. For School Resource Officer services, the Charter Schools will be charged a fee based on the 10-month school year. The agreement is effective for a two-year term from July 1, 2021 to June 30, 2023. Approved on Consent. Motion carried 5-0. 3 | Page Regular City Commission Meeting June 15, 2021 9. Approval of Federal Fiscal Year 2020 Edward Byrne Memorial Justice Assistance Grant Program (JAG). (Police Chief Plasencia) This year $10,298.00 has been made available to the City of Ocoee Police Department through the Edward Byrne Memorial Justice Assistance Grant (JAG). The JAG program committee wishes to submit the 51% letter to the Office of Criminal Justice Grants in Tallahassee. This letter lists the various programs that the participating law enforcement agencies in Orange County plan to spend the $292,766.00 that has been allocated to them. If approved, the Ocoee Police Department will receive $10,298.00 to purchase Law Enforcement Emergency Medical & Safety Protection Equipment. This equipment will assist in equipping 91 officers in order to allow them to be better prepared for the different challenges they experience on a daily basis. Approved on Consent. Motion carried 5-0. 10. Approval of Resolution and State Highway Lighting, Maintenance and Compensation Agreement. (Public Works Director Krug) This agreement provides for funding from Florida Department of Transportation (FDOT) to the City to help defray the costs of street light operation and maintenance on several State highways within Ocoee’s corporate limits. The work order under this Agreement will provide Ocoee with an annual payment of $43,954.02 for the 2021-2022 fiscal year, which represents a 3% increase over the current FDOT lighting supplement. Public Works recommends approving the new work order under the State Highway Lighting, Maintenance and Compensation Agreement with the FDOT. Approved on Consent. Motion carried 5-0. 11. Approval of the Interlocal Agreement between Orange County and City of Ocoee for the Transfer of Jurisdiction of the Spring Lake Drain Well. (Public Works Director Krug) Orange County and the City have been working together on the relocation of the Spring Lake drain well for several years. The existing drain well is located within a County easement on private property at 1405 Spring Lake Terrace on the west side of Spring Lake. As the Spring Lake Terrace property has been annexed into the City, and more than ninety percent (90%) of the properties within the Spring Lake drainage basin are within the City, Public Works is recommending the City accept the transfer of the drain well easement and maintenance in order for the well to be relocated to an easily accessible location on the east side of the lake on City-owned property. Environmental regulations allow existing drain wells to be relocated within the same basin. The County is contributing $25,000.00 towards the expected $200,000.00 cost to relocate the well. The cost of the new well construction and existing well abandonment is funded in the current Stormwater budget. The drainage easement for the existing well will be vacated at a future date following abandonment of the well. Approved on Consent. Motion carried 5-0. 12. Approval of Ingram Road Street Lighting with Duke Energy. (Public Works Director Krug) The City Commission approved funding for the Ingram Road Street Lighting Project in previous budgets. Public Works has coordinated with Duke Energy to design the project within budget to install twenty-three (23) new LED light fixtures and upgrade two (2) existing fixtures to LED. The $65,540.50 capital construction cost is adequately funded in the capital improvements budget. The monthly cost of the two (2) upgraded fixtures will be adjusted accordingly in the street lighting invoicing from Duke Energy. Public Works recommends approval of the cost proposal. 4 | Page Regular City Commission Meeting June 15, 2021 Commissioner Oliver asked for confirmation that the approval of this item meant the City was moving forward with the lighting at Ingram Road, and once installed the sidewalks would be forthcoming. Public Works Director Krug answered in the affirmative. Motion: Move to approve Consent Agenda Items #3, 7, and 12; Commissioner Oliver, seconded by Commissioner Firstner. Motion carried 5-0. 13. Approval of Change Order No. 3 (Final) for Bid #18-03 Kimball Area Water Main Upgrade Project. (Utilities Director Croteau) The Mayor and City Commission previously approved the Kimball Area Water Main Upgrade Project on July 17, 2018 in the amount of $344,097.00 to Central Florida Tapping and Construction Inc. (CFT). Changer Order No. 1 for the addition of Phase II of the project in the amount of $279,151.48 and Changer Order No. 2 for the addition of Phase III of the project in the amount of $335,056.00 was approved by the Mayor and City Commission on October 16, 2018 and October 6, 2020, respectively. This led to a final contract amount of $958,304.48. The Contractor was able to conduct construction without significant impact to the road and sidewalk, and, as a result, significant costs savings were attained in the items bids to remove/replace pavement, curb, and sidewalks. Items bid by CFT that were not fully utilized to complete the project can be seen in the Final (Close Out) Payment Summary attached to the Final Change Order. This led to a reduction in the contract amount by $59,479.92. Approved on Consent. Motion carried 5-0. 14. Approval of Construction Phase Change Order No. 2 to the Design-Build Agreement with Wharton-Smith for Construction of the New City Hall. (Utilities Director Croteau) On January 15, 2019, the City Commission approved an Agreement with Wharton-Smith to provide Design- Build Services for the new City Hall. On October 20, 2020, the City Commission approved an Amendment to the Design-Build Agreement with Wharton-Smith for the construction of the new City Hall. The Commission approved not only the Guaranteed Maximum Price (GMP) of $17,255,537 but also the total project budget of $21,993,942. Construction has been proceeding as planned with a Final Completion Date in late May 2022. However, there are several smaller projects located either adjacent to or in close proximately to the new City Hall site including: the McKey Street Rehabilitation, the alley sewer construction directly across the street, the water line replacement on McKey Street, the Oakland Avenue water line replacement, and the conversion of the old City Hall lift station to a manhole. The projected costs for these items, which were to be done separately, was approximately $1.17 million. The City approached Wharton-Smith about bundling these projects together to not only get a better price, but to ensure coordination with the City Hall project. The McKey Street Rehabilitation will have the greatest impact on the City Hall Project; the roadway needs to be completed before City Hall opens but not impact deliveries to the City Hall site. Moving this project to Wharton-Smith ensures that the project will be coordinated and timed with the completion of City Hall. This Change Order will increase the Wharton-Smith Design-Build Agreement to $18,425,538 and the total project budget to $22,860,943. Approved on Consent. Motion carried 5-0. 15. Approval of Emergency Broken Force Main Pipe and Repaired Roadway under Clarke Road – ½ mile North of A.D. Mims Road per Emergency Notification – Section 21.6, Chapter 21, City of Ocoee Code of Ordinances. (Utilities Director Croteau) On April 9, 2021 staff became aware of a sewer force main break under Clarke Road, approximately ½ mile North of A.D. Mims Road. Due to the location, complexity, and the possibility of the roadway being undermined, the City requested the services of J. Malever Construction to assist with the repair. Due to the sever nature of the break, it was determined that it would be a faster repair to relocate the force main out from under Clarke Road. The work included not only relocating 240 feet of force main but also repairing the 5 | Page Regular City Commission Meeting June 15, 2021 roadway, the installation of two valves and reconstructing the sidewalk. The City also requested the services of Brownie’s Environmental to maintain the flow at Lift Station #32. Repairs were completed April 23, 2021. Approved on Consent. Motion carried 5-0. 16. Approval of Emergency Repair to Clarifier #2. (Utilities Director Croteau) The three clarifiers at the City of Ocoee Wastewater Treatment Plant are reaching their end of life cycle and are budgeted for rebuild, one per year starting in FY2021. Unfortunately, Clarifier #2 recently suffered a major mechanical failure that needed to be addressed immediately. Clarifier #2 has been taken offline and drained to allow for inspection, and staff has determined that the gear box, drive bearings, and skimmer arms are damaged and will need to be rebuilt. Staff reached out to Veolia Water Technologies, the original designer of the City of Ocoee’s Wastewater Treatment Plant (WWTP) and sole single source vendor for WWTP parts, for this work. With assistance from Copper State Construction, Veolia Water Technologies provided assurance that they will be able to handle the scope of the rebuild within a timely manner. Veolia Water Technologies provided a verbal not to exceed quote of $200,000 and have begun the process of securing parts necessary for the repair. Approved on Consent. Motion carried 5-0. PUBLIC HEARING - 7:05 PM 17. Approval of the sale of the City-owned 2 North Bluford Ave. Property to VMG Construction for the Development of a Two-story Commercial Building. (Advertised in the West Orange Times on Thursday, June 3, 2021) (City Attorney Cookson) th On May 4 the City Commission directed City Staff to proceed with contract negotiations following VMG Construction’s unsolicited offer to purchase the city-owned 2 North Bluford Ave. property. As discussed at th the May 4 City Commission meeting, the development of this property as a high-quality, two-story commercial building is important in the City’s redevelopment plan. As part of the purchase agreement with VMG, VMG has agreed to construct the building substantially consistent with the building depicted in the color renderings. City Staff anticipates that the building would include restaurant and office space, and would cost a developer approximately $4 to 5 million to construct. In addition to VMG’s obligation to construct the building substantially consistent with the building depicted in the color renderings, the pertinent terms of the Contract are: The Purchase Price is $389,000 and the Closing Date is July 21, 2021. The building’s stormwater needs would be included in the City’s master drainage system for the downtown area City Attorney Cookson gave a background summary of negotiations that occurred in the past concerning the vacant property which sits directly across from the new City Hall which is under construction on Bluford Avenue. The City acquired the property in 2017 for $344,000. Since the City had previously contracted with VMG to transfer the subject property at no cost if VMG agreed to build in substantial conformance to the City illustrations and include a restaurant and office space, staff believes the $389,000.00 sale price with substantially the same requirements presents a financial benefit to the City above and beyond the previous agreement. He shared there were two additional changes to the contract which were related to the expansion of the easement agreement, and agreement for the construction stockpile for the new City Hall to be placed on the property until VMG is ready to start construction. Motion: Move to approve the sale of the vacant lot located at 2 North Bluford to VMG Construction (or a related entity) for $389,000 and authorize the Mayor and City Clerk to execute the contract as well as closing documents approved by the City Manager and City Attorney subject to the parties entering into an Addendum to the contract as approved by the City Attorney and City Manager for (i) use of 6 | Page Regular City Commission Meeting June 15, 2021 the Property as a laydown yard for sewer improvements in the area, (ii) the expansion of the alley ROW on the north side of the property to 15’ consistent with the adjacent portions of the alley; and (iii) the installation and maintenance of sewer improvements within the alley; Moved by Commissioner Wilsen, seconded by Commissioner Firstner; Commissioner Oliver inquired about the construction stockpile timeframe. City Attorney Cookson addressed his question. Commissioner Oliver explained that he is opposing this item once again since an appraisal was not conducted on the property. Commissioner Brinson asked for confirmation that VMG would be building in accordance with the Downtown Masterplan. City Attorney Cookson addressed his question and shared that the renderings are attached to the contract as an exhibit. Mayor Johnson commented on the value of the vacant property. Motion carried 4-1 with Commissioner Oliver opposing. 7:13 PM - Mayor Johnson shared he recently had surgery and could not stay for the remainder of the meeting; and further, handed the gavel to Mayor Pro Tem Wilsen to continue the meeting. FIRST READING OF ORDINANCE – None SECOND READING OF ORDINANCE – PUBLIC HEARING - 7:16 PM 18. Second Reading of Ordinance for Barkeritaville Planned Unit Development (PUD) - Substantial Amendment to the PUD/LUP; Project No: RZ-21-03-04. (Advertised in the West Orange Times on Thursday, June 3, 2021.) (Development Services Director Rumer) The Barkeritaville PUD property is approximately 8.13 acres and located on the east side of Tomyn Boulevard and 1,517 feet from Roberson Road. The applicant, Simmons Pet Properties, is requesting a Substantial Amendment to the PUD to amend the permitted uses from Veterinary Facility, Pet Resort/Daycare, Office, Retail, Restaurant, and Veterinary Education and Training to include Indoor Self-Storage. The revision to the PUD also includes eliminating a 16,182-SF building to a three-story 104,907-SF / 727 unit indoor self-storage facility which will complete the buildout of the PUD. The self-storage is proposed to be accessed via the existing entrance. The proposed architectural design of the indoor self-storage facility will be architecturally cohesive with the existing Pet Paradise. a) Second Reading of Rezoning Ordinance Development Services Director Rumer presented an overview of the proposed substantial amendment for consideration. The applicant, Simmons Pet Properties, is requesting a Substantial Amendment to the PUD to include Indoor Self-Storage to the permitted uses of Veterinary Facility, Pet Resort/Daycare, Office, Retail, Restaurant, and Veterinary Education and Training. The revision to the PUD also includes eliminating a 16,182-SF building to a three-story 104,907- SF /727-unit indoor self-storage facility which will complete the buildout of the PUD. The self- storage is proposed to be accessed via the existing entrance. Commissioner Oliver inquired about the requested permitted and zoning uses, and the closest storage facilities to this location. Development Services Director Rumer addressed his 7 | Page Regular City Commission Meeting June 15, 2021 questions. Commissioner Oliver commented that the City currently has an abundance of self- storage facilities. The public hearing was opened. Sam Sebaali, P.E., Applicant/Engineer, explained the lesser impacts of self-storage facilities within a community and shared that unfortunately, they have not found anyone interested in developing the site with one of the other permitted uses. He shared they are asking for approval and he will be available to address any questions. Commissioner Oliver inquired if the self-storage plans were the only plans presented. Mr. Sebaali answered in the affirmative. Kevin Rossi, Owner/Applicant, explained the project and shared the statistics on self-storage vacancies. Commissioner Brinson inquired about the drive- up storage spaces and inquired if that would include storage for recreational toys. Mr. Rossi explained the enclosed units and shared that a driveway will be located inside the facility but if the City Commission would prefer not to have any drive-up units that would be okay with them. Development Services Director Rumer explained that the proposed development will not include outside storage. The public hearing was closed. City Attorney Cookson read the title of the ordinance. a) Second Reading of Rezoning Ordinance Motion: Move to adopt Ordinance No. 2021-007, Barkeritaville Planned Unit Development (PUD) - Substantial Amendment to the PUD/LUP; Project No: RZ-21- 03-04; Moved by Commissioner Firstner, seconded by Commissioner Brinson; Motion carried 3-1 with Commissioner Oliver opposing and Mayor Johnson absent. 19. Second Reading of Ordinance for 54 Rewis Street - Small Scale Comprehensive Plan Amendment and Rezoning to Planned Unit Development (PUD) and PUD Land Use Plan; Project No(s): CPA-2021-002 & RZ-21-03-06. (Advertised in the West Orange Times on Thursday, June 3, 2021 and Thursday, June 10, 2021.) (Development Services Director Rumer) This property is approximately 0.25 acres in size and is located on the north side of Rewis Street and the northeast corner of Lyman Street and Rewis Street. The property is vacant and currently zoned R-1 (Single- family). The Small Scale Comprehensive Plan Amendment would be from Low-Density Residential to Commercial. The rezoning would be from City of Ocoee “R-1” to City of Ocoee “PUD.” The applicant is proposing to rezone the property to Planned Unit Development (PUD) in order to develop a two-story mixed- use building with 875 SF of ground-floor retail space for a hair salon and a second story 875 SF apartment. No other uses will be permitted under the PUD. A two-car carport will also be provided on the 0.25 acres. Parking is being provided with seven (7) parking spaces, including one (1) handicap parking space. a) Second Reading of Small Scale Comp Plan Amendment b) Second Reading of Rezoning Ordinance Development Services Director Rumer presented an overview of the proposed small-scale comprehensive plan amendment and rezoning ordinances for consideration. The applicant is 8 | Page Regular City Commission Meeting June 15, 2021 proposing to rezone the property to Planned Unit Development (PUD) to develop a two-story mixed-use building with 875 SF of ground-floor retail space for a hair salon and a second-story 875 SF apartment. No other uses will be permitted under the PUD. The public hearing was opened. Wendy Ellerbe, Applicant/Owner, explained she is a visionary who is interested in designing the building for this project to fit in with the plans for Bluford Avenue. The public hearing was closed. City Attorney Cookson read the titles of the ordinances. a) Second Reading of Small Scale Comp Plan Amendment Motion: Move to adopt Ordinance No. 2021-008, 54 Rewis Street Small Scale Comprehensive Plan Amendment; Project No: CPA-2021-002; Moved by Commissioner Oliver, seconded by Commissioner Firstner; Motion carried 4-0 with Mayor Johnson absent. Mayor Pro Tem Wilsen shared that she did receive a concern on this project last month during the first reading; however, the concerns have been alleviated and she has not received any additional concerns to bring forward this evening. b) Second Reading of Rezoning Ordinance Motion: Move to adopt Ordinance No. 2021-009, 54 Rewis Street Rezoning to Planned Unit Development (PUD) and PUD Land Use Plan; Project No: RZ-21-03- 06; Moved by Commissioner Oliver, seconded by Commissioner Brinson; Motion carried 4-0 with Mayor Johnson absent. 20. Second Reading of Ordinance for 409 Ocoee Apopka Road Planned Unit Development (PUD) - Annexation & Rezoning to PUD and PUD Land Use Plan; Project No(s): AX- 02-21-02 & RZ-21-02-02. (Advertised in the West Orange Times on Thursday, June 3, 2021 and Thursday, June 10, 2021.) (Development Services Director Rumer) This subject site is approximately 4.76 acres in size and is located on the east side of Ocoee Apopka Road and 562 feet north of West Silver Star Road. The parcel currently contains three (3) single-family dwellings. The parcel is currently zoned Orange County “A-1” and has a County Land Use of Industrial and a Commercial Land Use in Ocoee Orange County JPA. The applicant is proposing to develop a Commercial/Flex Business Center on 4.76 acres with two (2) buildings at a maximum square footage of 61,400. A 29,000 SF building with a retail front and rear delivery access at grade height will be the project's focal point. The second building of up to 32,000 SF will include available dock heights. a) Second Reading of Annexation Ordinance b) Second Reading of Rezoning Ordinance Development Services Director Rumer presented an overview of the proposed annexation and rezoning ordinances for consideration. The parcel is currently zoned Orange County “A-1” and 9 | Page Regular City Commission Meeting June 15, 2021 has a County Land Use of Industrial and a Commercial Land Use in Ocoee Orange County JPA. The applicant is proposing to develop a Commercial/Flex Business Center on 4.76 acres with two (2) buildings for a maximum square footage of 61,400. A 29,000 SF building with a retail front and rear delivery access at grade height will be the project's focal point. The second building of up to 32,000 SF will include available dock heights. Commissioner Brinson inquired about infrastructure improvements on Ocoee Apopka Road as it is a two-lane road. Development Services Director Rumer addressed his question and explained the realignment of Palm Drive. Commissioner Firstner inquired about the widening of Maguire Road. Development Services Director Rumer addressed his question and explained the proposed interior roads within the overlay which will provide relief on Ocoee Apopka Road. The public hearing was opened. Bruce A. Taylor, P.E., Vice President of Engineering with Dave Schmitt Engineering, Inc., shared he is available to address any questions. The public hearing was closed. City Attorney Cookson read the titles of the ordinances. a) Second Reading of Annexation Ordinance Motion: Move to adopt Ordinance No. 2021-010, 409 Ocoee Apopka Road Planned Unit Development (PUD) Annexation; Project No: AX-02-21-02; Moved by Commissioner Firstner, seconded by Commissioner Oliver; Motion carried 4-0 with Mayor Johnson absent. b) Second Reading of Rezoning Ordinance Motion: Move to adopt Ordinance No. 2021-011, 409 Ocoee Apopka Road Planned Unit Development (PUD) Rezoning to PUD and PUD Land Use Plan; Project No: RZ-21-02-02; Moved by Commissioner Firstner, seconded by Commissioner Oliver; Motion carried 4-0 with Mayor Johnson absent. 21. Second Reading of Ordinance for West Orange Park Properties VII LLC, 2100 West Road - Annexation & Rezoning; Project No(s): AX-03-21-03 & RZ-21-03-03. (Advertised in the West Orange Times on Thursday, June 3, 2021 and Thursday, June 10, 2021.) (Planner Hines) This property is approximately 3.08 acres and generally located on West Road about 850 feet east of Ocoee Apopka Road. The subject parcel has one (1) existing single-family residence, and is considered contiguous to the City of Ocoee since it is bordered by property located within the City limits on the north, south, and west. The parcel will receive an “C-2” (Community Commercial) zoning upon annexation. a) Second Reading of Annexation Ordinance b) Second Reading of Rezoning Ordinance 10 | Page Regular City Commission Meeting June 15, 2021 Planner Hines presented an overview of the proposed annexation and rezoning ordinances for consideration. The subject parcel has one (1) existing single-family residence and is considered contiguous to the City of Ocoee since it is bordered by property located within the City limits on the north, south, and west. The parcel will receive a “C-2” (Community Commercial) zoning upon annexation. The public hearing was opened. As no speaker forms were received, the public hearing was closed. City Attorney Cookson read the titles of the ordinances. a) Second Reading of Annexation Ordinance Motion: Move to adopt Ordinance No. 2021-005, West Orange Park Properties VII LLC, 2100 West Road Annexation; Project No: AX-03-21-03; Moved by Commissioner Oliver, seconded by Commissioner Brinson; Motion carried 4-0 with Mayor Johnson absent. b) Second Reading of Rezoning Ordinance Motion: Move to adopt Ordinance No. 2021-006, West Orange Park Properties VII LLC, 2100 West Road Rezoning; Project No: RZ-21-03-03; Moved by Commissioner Brinson, seconded by Commissioner Firstner; Motion carried 4-0 with Mayor Johnson absent. 22. Second Reading of Ordinance for AP & AG Investment Group LLC at 529 1st Street - Annexation & Rezoning; Project No(s): AX-04-21-04 & RZ-21-04-07. (Advertised in the West Orange Times on Thursday, June 3, 2021 and Thursday, June 10, 2021.) (Planner Hines) This property is approximately 0.16 acres and located on the east side of 1st Street, about 289 feet south of Center Street, and 338 feet northeast of the intersection of Nay Street and 1st Street. The subject parcel is vacant, and is considered contiguous to the City of Ocoee since it is bordered by property located within the City limits on the north. The parcel will receive an “R-1” (Single-Family Dwelling) zoning upon annexation. The applicant is annexing into the City limits as a condition to receive city potable water connection. a) Second Reading of Annexation Ordinance b) Second Reading of Rezoning Ordinance Planner Hines presented an overview of the proposed annexation and rezoning ordinances for consideration. The subject parcel is vacant and is considered contiguous to the City of Ocoee since it is bordered by property located within the City limits on the north. The parcel will receive an “R-1” (Single-Family Dwelling) zoning upon annexation. The applicant is annexing into the City limits as a condition to receive City water service. The public hearing was opened. As no speaker forms were received, the public hearing was closed. City Attorney Cookson read the titles of the ordinances. 11 | Page Regular City Commission Meeting June 15, 2021 a) Second Reading of Annexation Ordinance Motion: Move to adopt Ordinance No. 2021-012, AP & AG Investment Group LLC at 529 1st Street, Annexation; Project No: AX-04-21-04; Moved by Commissioner Firstner, seconded by Commissioner Brinson; Motion carried 4-0 with Mayor Johnson absent. b) Second Reading of Rezoning Ordinance Motion: Move to adopt Ordinance No. 2021-013, AP & AG Investment Group LLC at 529 1st Street, Rezoning; Project No: RZ-21-04-07; Moved by Commissioner Brinson, seconded by Commissioner Firstner; Motion carried 4-0 with Mayor Johnson absent. 23. Second Reading of Ordinance for the Guerrero Property at 102 Wurst Road - Annexation & Rezoning; Project No(s): AX-04-21-05 & RZ-21-04-08. (Advertised in the West Orange Times on Thursday, June 3, 2021 and Thursday, June 10, 2021.) (Planner Hines) This property is approximately 0.17 acres and located directly on the north side of Wurst Road, about 175 feet east of N. Lakewood Avenue. The subject parcel has one (1) existing single-family residence, and is considered contiguous to the City of Ocoee since it is bordered by property located within the City limits on the north. The parcel will receive an “R-1” (Single-Family Dwelling) zoning upon annexation. The applicant is annexing into the City limits as a condition to receive city potable water connection. a) Second Reading of Annexation Ordinance b) Second Reading of Rezoning Ordinance Planner Hines presented an overview of the proposed annexation and rezoning ordinances for consideration. The subject parcel has one (1) existing single-family residence and is considered contiguous to the City of Ocoee since it is bordered by property located within the City limits on the north. The parcel will receive an “R-1” (Single-Family Dwelling) zoning upon annexation. The applicant is annexing into the City limits as a condition to receive City water service. The public hearing was opened. As no speaker forms were received, the public hearing was closed. City Attorney Cookson read the titles of the ordinances. a) Second Reading of Annexation Ordinance Motion: Move to adopt Ordinance No. 2021-014, Guerrero Property at 102 Wurst Road, Annexation; Project No: AX-04-21-05; Moved by Commissioner Brinson, seconded by Commissioner Oliver; Motion carried 4-0 with Mayor Johnson absent. 12 | Page Regular City Commission Meeting June 15, 2021 b) Second Reading of Rezoning Ordinance Motion: Move to adopt Ordinance No. 2021-015, Guerrero Property at 102 Wurst Road, Rezoning; Project No: RZ-21-04-08; Moved by Commissioner Oliver, seconded by Commissioner Brinson; Motion carried 4-0 with Mayor Johnson absent. 24. Second Reading of Ordinance for Ocoee Rentals Trust Properties at 503 2nd Street - Annexation & Rezoning; Project No(s): AX-04-21-06 & RZ-21-04-09. (Advertised in the West Orange Times on Thursday, June 3, 2021 and Thursday, June 10, 2021.) (Planner Hines) This property is approximately 0.25 acres and located on the east side of 2nd Street, about 510 feet south of Center Street and 735 feet north of E. Silver Star Road. The subject parcel has one (1) existing single-family residence, and is considered contiguous to the City of Ocoee since it is bordered by property located within the City limits on the north and west. The parcel will receive an “R-1” (Single-Family Dwelling) zoning upon annexation. The applicant is annexing into the City limits as a condition to receive city potable water connection. a) Second Reading of Annexation Ordinance b) Second Reading of Rezoning Ordinance Planner Hines presented an overview of the proposed annexation and rezoning ordinances for consideration. The subject parcel has one (1) existing single-family residence and is considered contiguous to the City of Ocoee since it is bordered by property located within the City limits on the north and west. The parcel will receive an “R-1” (Single-Family Dwelling) zoning upon annexation. The applicant is annexing into the City limits as a condition to receive City water service. The public hearing was opened. As no speaker forms were received, the public hearing was closed. City Attorney Cookson read the titles of the ordinances. a) Second Reading of Annexation Ordinance Motion: Move to adopt Ordinance No. 2021-016, Ocoee Rentals Trust Properties at 503 2nd Street, Annexation; Project No: AX-04-21-06; Moved by Commissioner Brinson, seconded by Commissioner Oliver; Motion carried 4-0 with Mayor Johnson absent. b) Second Reading of Rezoning Ordinance Motion: Move to adopt Ordinance No. 2021-017, Ocoee Rentals Trust Properties at 503 2nd Street, Rezoning; Project No: RZ-21-04-09; Moved by Commissioner Oliver, seconded by Commissioner Firstner; Motion carried 4-0 with Mayor Johnson absent. 13 | Page Regular City Commission Meeting June 15, 2021 25. Second Reading of Ordinance for Ocoee Rentals Trust Properties at 518 2nd Street - Annexation & Rezoning; Project No(s): AX-04-21-09 & RZ-21-04-12. (Advertised in the West Orange Times on Thursday, June 3, 2021 and Thursday, June 10, 2021.) (Planner Hines) This property is approximately 0.15 acres and located on the west side of 2nd Street and 276 feet south of Center Street, and 312 feet northeast of the intersection of Nay Street and 2nd Street. The subject parcel has one (1) existing single-family residence, and is considered contiguous to the City of Ocoee since it is bordered by property located within the City limits on the east. The parcel will receive an “R-1” (Single-Family Dwelling) zoning upon annexation. The applicant is annexing into the City limits as a condition to receive city potable water connection. a) Second Reading of Annexation Ordinance b) Second Reading of Rezoning Ordinance Planner Hines presented an overview of the proposed annexation and rezoning ordinances for consideration. The subject parcel has one (1) existing single-family residence and is considered contiguous to the City of Ocoee since it is bordered by property located within the City limits on the east. The parcel will receive an “R-1” (Single-Family Dwelling) zoning upon annexation. The applicant is annexing into the City limits as a condition to receive City water service. Commissioner Brinson inquired what the benefits of annexing the properties into the City are. Development Services Director Rumer addressed his question. The public hearing was opened. As no speaker forms were received, the public hearing was closed. City Attorney Cookson read the titles of the ordinances. a) Second Reading of Annexation Ordinance Motion: Move to adopt Ordinance No. 2021-018, Ocoee Rentals Trust Properties at 518 2nd Street, Annexation; Project No: AX-04-21-09; Moved by Commissioner Firstner, seconded by Commissioner Brinson; Motion carried 4-0 with Mayor Johnson absent. b) Second Reading of Rezoning Ordinance Motion: Move to adopt Ordinance No. 2021-019, Ocoee Rentals Trust Properties at 518 2nd Street, Rezoning; Project No: RZ-21-04-12; Moved by Commissioner Firstner, seconded by Commissioner Oliver; Motion carried 4-0 with Mayor Johnson absent. 14 | Page Regular City Commission Meeting June 15, 2021 REGULAR AGENDA - 6:33 PM 26. Appointment of Three Members and an Alternate Member to the Planning and Zoning Commission in Accordance with Ordinance No. 2019-037. (City Clerk Sibbitt) The Mayor and each member of the City Commission may nominate up to two (2) nominees each. The highest- ranked nominee will be considered to fill the vacancy. The alternate member shall attend all meetings, shall be counted towards a quorum, may participate in any item where the alternate has no voting conflict, and, when necessary, will vote in the place of any absent or disqualified board member on an individual item. In December of 2020 Alternate Member Lowe resigned, and further, in January of 2021 Chair Keller resigned to run for City Commissioner. The terms of Member Forges and Member Williams have expired. On May 12, 2021, City Clerk Sibbitt emailed the City Commission requesting them to nominate up to two (2) names by May 28, 2021. To date, residents Gregory Keethler, Lou Forges, Lavon Williams, Joel Keller, Scott Kennedy and Darryl Braunskill, Sr., have been nominated. This Item was heard out of Agenda Order. City Attorney Cookson explained the Planning and Zoning has openings on the board for three regular members and one alternate member position. The Mayor and each Commissioner were provided the opportunity to nominate up to two (2) nominees each and six (6) individuals were nominated. He further explained the selection process which will be conducted by a scorecard ranking process. They are to rank those nominees in ranking order from 1-6, with #1 being the top pick. Once the ranking is completed, the City Clerk will tally the results under the supervision of the City Attorney. The outcome will provide the top-ranked nominees who will fill the vacant seats on the Planning and Zoning Commission. The three top-ranked nominees will fill the regular member position and the fourth top-ranked nominee will fill the alternate member position. Mayor Johnson allowed the nominees in attendance the opportunity to introduce themselves. Darryl Braunskill, Greg Keethler, Lou Forges, Joel Keller, Scott Kennedy, and Lavon Williams all briefly introduced themselves and shared their qualifications. After the selection process, which was completed twice due to a tie for the alternate member position, City Attorney Cookson announced the tallies attest that Lavon Williams, Scott Kennedy, and Lou Forges, have been selected for the regular vacant seats and Joel Keller has been selected for the alternate vacant seat on the Planning and Zoning Commission. (See attached tally sheet). Consensus of the City Commission by highest ranked tallies was to appoint Lavon Williams, Scott Kennedy, and Lou Forges, for the regular vacant seats and Joel Keller for the alternate vacant seat on the Planning and Zoning Commission. 27. Appointment of a Districting Commission, in Accordance with the City of Ocoee Charter, Article XI, Section C-66. (City Clerk Sibbitt) 8:09 PM On May 18, 2021, the City Commission voted unanimously to allow residents to apply by June 11, 2021, for consideration to be appointed to the Districting Commission. In past practice, if there were not enough applications submitted, it was requested that each Elected Official bring forth a nominee for the Districting Commission to be considered for appointment during the June 15th City Commission meeting. In accordance with Section C-66 of the City Charter, the City Commission shall appoint, by majority vote, a Districting Commission consisting of five (5) members and a first and second alternate member after April 1, 2021, or within three (3) months of receipt of the 2020 census data. 15 | Page Regular City Commission Meeting June 15, 2021 th City Clerk Sibbitt stated at the May 18 City Commission meeting the Commission voted to allow residents the opportunity to apply for the Districting Commission. One application was submitted for the Districting Commission by the June 11th deadline and was provided to them in their agenda packet. However, the City Charter requires that the Districting Commission consist of five (5) members and a first and second alternate member; therefore, she requested consensus from the City Commission to have them each provide her with a name and contact information th for any resident who may be interested to serve on the board so that at the July 20 meeting the City Commission may vote to appoint those interested residents to the board. Mayor Pro Tem Wilsen inquired if they needed one resident from each district as well as the two alternates. City Attorney Cookson shared that the charter does not require a resident from each district; however, they have historically made appointments to provide geographical representation for each district. Mayor Pro Tem Wilsen briefly explained the purpose of the board and encouraged residents to consider being appointed to the Districting Commission. COMMENTS FROM CITIZENS/PUBLIC - 8:19 PM The following persons addressed the City Commission: - Melissa Myers, Ocoee Resident, addressed the Commission in regard to providing a Mental Health Counselor to assist the Police Department when faced with a Mental Health crisis. - Corey Garone, CACOPD Chair, addressed the Commission and asked for their support for a 9/11 Memorial Event. He requested the use of the Bill Breeze Park on Saturday, th September 11 from 7:00 AM to 12:00 PM at no charge, funds to rent a stage, and a budget up to $3,000 to cover costs associated with the event. He further requested an increase in their annual budget moving forward. City Manager Frank asked if the Bill Breeze Park was available. Corey Garone confirmed that Board Clerk Serrano had confirmed with Parks and Recreation that it is currently available. Commissioner Oliver inquired if this would need to be addressed this evening due to budget concerns. Mayor Pro Tem Wilsen explained that she would like time to consider the request before approving it. - Joel Keller, Ocoee Resident, thanked the Commission for his appointment to the Planning and Zoning Commission. He addressed the Commission about budgeting for the Sawmill Subdivision to acquire reclaim water, and about the possibility of relocating the Ocoee Police Department’s firing range. He then encouraged the Commission to refocus on having the zip codes changed for Ocoee residents that were annexed into the City. - Jim Moyer, Ocoee Resident, acknowledged that June is Caribbean Heritage Month, Pride th Month, and that Saturday, June 19, is Juneteenth. He then impressed upon the Commission the importance of working together and outlined moments in history when working together provided for the betterment of our Country as a whole. He ended by encouraging support from the Commission for the Police Department’s 9/11 Memorial event and recommended making it an annual event. 16 | Page Regular City Commission Meeting June 15, 2021 COMMENTS FROM COMMISSIONERS - 8:32 PM Mayor Pro Tem Wilsen recapped the new process for Commissioner’s comments which was approved at the last Commission meeting. She explained that each Elected Official will be allotted 10 minutes. Commissioner Brinson – Commented on the following: 1) Reminded citizens that school is out and encouraged everyone to be mindful of the children’s safety as they play outside. He encouraged drivers to be more aware of their surroundings and promoted water safety. 2) Shared a concern for the recent increase in active shootings across the country and encouraged residents to be vigilant. He asked citizens to simply speak up, especially if they see something that could prevent an act of terrorism. 3) Requested an update on the paving of Blue Jay Way. 4) Responded to Ms. Myers’ comment on mental health and agreed that it is an ongoing concern that needs to be addressed. He added that he recently sat on a Board that addressed this very issue, and shared that the biggest obstacle is finding Mental Health Counselors that can take on the task of partnering with first responders. He encouraged anyone with ideas on how to approach the challenge to come forward. He then thanked Ms. Myers for taking on this battle and asked her to keep fighting the good fight. 5) Responded to Mr. Garone’s comment about hosting a 9/11 event, and shared that he fully supports the Board’s efforts. 6) Responded to Mr. Keller’s comment regarding reclaimed water, and requested a meeting with the City Manager to discuss areas within the City that do not have access to reclaimed water. He then inquired with Police Chief Plasencia about the shooting range. Police Chief Plasencia conveyed that it has been a topic of discussion for at least five years and that it is a work in progress. He then requested a meeting with the City Manager to discuss further. 7) Responded to Mr. Moyer’s comment and agreed that working together is crucial for success. Commissioner Firstner – Commented on the following: 1) Announced the City Annual Calendar Photo Contest is now open, and encouraged residents to submit their photos of our beautiful City. 2) Announced that Hurricane Season is upon us, and encouraged citizens to be prepared in case of a catastrophe. 3) Responded to Ms. Myers’ comments, agreed it is a concern and encouraged Ms. Myers to reach out to the Police Department. 4) Responded to Mr. Garone’s comment about hosting a 9/11 event, shared that he is in full support of a 9/11 event, but agreed with Mayor Pro Tem Wilsen that the Commission needs to see a written proposal outlining the costs. Commissioner Oliver – Commented on the following: 1) Commented on the House Bill Scholarship and shared that Senator Bracy requested a partnership with the City to hold a Scholarship Celebration with music and food vendors. He explained that Senator Bracy’s office offered to fund the event, and asked the Commission to waive the rental fees for use of Bill Breeze Park, police presence, and to provide port-a-potties and trash bins. After a brief discussion, Mayor Pro Tem Wilsen expressed a desire to have all requests of this magnitude brought before the commission in a written format that outlines the 17 | Page Regular City Commission Meeting June 15, 2021 costs. She recommended creating a new policy that would provide all event details before making a motion. Commission Brinson recommended having Parks and Recreation Director Johnson establish a written policy. City Manager Frank agreed to have Staff look into a more structured policy. Motion: Move to waive the fees for the use of Bill Breeze Park on Saturday, th June 26 for a Scholarship Celebration hosted by Senator Bracy; and further, authorize $1000 from Contingency Funds to cover the costs of port-a-potties, trash bins, and police presence; Moved by Commissioner Oliver, seconded by Commissioner Brinson; Motion Carried 3-1 with Mayor Pro Tem Wilsen opposing and Mayor Johnson absent. 2) Asked what it would take to bring back Movie in the Park, Food Truck Friday, and other community events that were routine before Covid-19. City Manager Frank addressed his concerns and offered to have the Parks and Recreation Director look into the matter. 3) Commented on the “Town Hall” like format approved at the last meeting, and shared that out of concern he reached out to the Florida Ethics Commission, and the Attorney General’s Office, to inquire if it was legal to hold a “Town Hall” like meeting. He indicated he was told it was a slippery slope, and that if not careful the Commission could find themselves in violation. He then asked the City Attorney to look into the legality of the format. City Attorney Cookson addressed his concerns, and explained that the “Town Hall” like meeting was created to replace the announcements section that was removed from the Agenda. He explained that it was not a time to discuss matters, but to simply inform their residents. 4) Shared that he recently visited Fire Station #38 and discovered that they do not have a backup generator. He stressed safety concerns for residents in the event of a power outage, and explained that he spoke with the City Manager about getting a generator for this location as soon as possible. He then requested an update on the matter. Deputy Fire Chief Smothers shared that Fire Chief Miller and Public Works Director Krug are working on the request and should have multiple quotes by the end of the week. 5) Inquired about the Clarke Road widening project status. City Manager Frank addressed his concerns. 6) Shared a Bible quote. Mayor Pro Tem Wilsen – Commented on the following: th 1) Announced City Hall will be closed on July 5 in observance of Independence Day. th 2) Reminded residents that the July 6 City Commission Meeting was canceled. The next meeting th is scheduled for July 20. 3) Thanked the Ocoee Police Department for monitoring traffic along Orlando Avenue, and announced that she has noticed a huge change. She encouraged the same action for other areas within the City, and stressed the importance of slowing down, especially during the summer when children are outside playing. 4) She reminded the Commission that during last year's budget meetings they allotted discretionary funds for each Elected Official to use as they saw fit within the City, and shared that she purchased semi-permanent Speed Signs to inform drivers what speed they are traveling as they pass by. Mayor Pro Tem Wilsen asked City Attorney Cookson if he had any additional comments. City Attorney Cookson recommended a Town Hall meeting notice on the Agenda if an Elected Official chooses to hold one. He further reiterated that this is not a time to discuss business, or engage in conversation; it is time set aside to make announcements and inform residents. He 18 | Page Regular City Commission Meeting June 15, 2021 reassured the Commission that he intends to stay for the “Town Hall” like session to ensure that all rules are followed properly. Mayor Pro Tem Wilsen stated that since it was not noticed on tonight's Agenda, a “Town Hall” th like meeting would not be held, and requested the item be placed on the July 20 Agenda for further discussion. Commissioner Brinson inquired about the placement of speed signs, and the possibility of procuring some for his district. City Manager Frank addressed his concerns. ADJOURNMENT – 9:14 PM APPROVED: Attest: City of Ocoee _______________________________ _____________________________ Melanie Sibbitt, City Clerk Rusty Johnson, Mayor 19 | Page