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09-21-2021 Agenda /;\ OCOEE CITY COMMISSION Ocoee Commission Chambers 150 North Lakeshore Drive Ocoee,Florida SEPTEMBER 21, 2021 AGENDA 6:15 P.M. REGULAR CITY COMMISSION MEETING CALL TO ORDER Invocation Pledge of Allegiance Roll Call and Determination of Quorum PRESENTATIONS AND PROCLAMATIONS Proclamations for September/October 2021 (Mayor Johnson) ➢ Hispanic Heritage Month'September 15h —October 15th ➢ Diaper Need Awareness Week—September 27th—October 3rd Presentation from Lake Apopka Natural Gas STAFF REPORTS AND AGENDA REVIEW PUBLIC COMMENTS THE PUBLIC IS ALLOWED TO COMMENT ON ANY ITEMS THAT ARE ON THE AGENDA BUT NOT PART OF A PUBLIC HEARING. PUBLIC HEARING COMMENTS ARE TO BE HEARD DURING THAT PORTION OF THE MEETING.ANY COMMENTS YOU WOULD LIKE TO MAKE THAT ARE NOT PART OF THE AGENDA WILL BE HEARD UNDER THE CITIZENS/PUBLIC COMMENTS AT THE END OF THE MEETING. CONSENT AGENDA ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE AND WILL BE ACTED UPON BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS UNLESS DISCUSSION IS DESIRED BY A MEMBER OF THE COMMISSION,IN WHICH CASE THE MAYOR WILL INSTRUCT THE CITY CLERK TO REMOVE THAT ITEM FROM THE CONSENT AGENDA AND SUCH ITEM WILL BE CONSIDERED SEPARATELY. 1. Approval of the Minutes for the Budget Workshop held August 12, 2021, the Regular City Commission Meeting held September 7, 2021, and the Tentative Budget Hearing held September 15,2021. (City Clerk Sibbitt) 2. Approval of Fee Proposal for Preliminary Engineering Services for RFQ#21-003 South Bluford Avenue Streetscape. (Deputy Development Services Director/CRA Administrator Corless) CPH, Inc., was awarded RFQ #21-003 for the S. Bluford Avenue Streetscape project earlier this year. Staff from the CRA,Public Works, and Utilities departments assigned to this project have reviewed several scopes and fee proposals brought forth for design and engineering services for S. Bluford Avenue from Old Winter Garden Road north to Delaware Street.Based on the complexity of the project and there being several design options on the table,staff feels that it is best to first undertake preliminary engineering services in order to lock down the preferred design. Based on written correspondence with the Consultant, staff supports the proposal for preliminary engineering. 3. Approval of Interlocal Agreement with Orange County for the Transfer of Jurisdiction of Lauren Beth Avenue. (Development Services Director Rumer) City Staff and Orange County are working on transferring a piece of fee simple owned property that is County owned and is not right-of-way.The land contains several existing and"planned"City of Ocoee utility lines that run to the City's Utility Plant at the Jim Beech property. A portion of the land to be transferred impacts Lauren Beth Avenue that is currently under Orange County ownership as well. In order to facilitate the transfer of fee simple land, the City is willing to take over ownership and maintenance of a portion of Lauren Beth Avenue from Nicole Blvd to Lake Meadow Road. Regular City Commission September 21, 2021 4. Approval of Final Subdivision Plan for Wynwood Phase 1 & 2 (CLRM PUD); Project No: LS-2020-016. (Development Services Director Rumer) The Wynwood PUD (CLRM PUD) is a planned residential subdivision that proposes 377 single-family residential lots with a requested density of 2.21 units per acre.There are three(3)lot sizes proposed within the Preliminary Subdivision Plan and approved by the PUD:40'x 120',50'x 120',and 60' x 120'.The PUD has a minimum living area set at 1,200 square feet.The development is proposed to be developed in four(4)phases. The subject subdivision will have two (2) access points on McCormick Road, which is an Orange County Maintained Road. A 30-foot-wide strip of land adjacent to McCormick Road will be dedicated to Orange County for a future trail extension.A lift station is required to be provided and will be owned and maintained by Orange County. 5. Approval for Staff to Accept an Unsolicited Offer from Wire Development LLC for City-Owned Property Identified as Tracts 6C,6D, 6E, 6F, and Tract#33 (Road) on the Ocoee Crown Point PUD Located at Fullers Cross Road. (Development Services Director Rumer) The City received an unsolicited offer from Wire Development, LLC, on August 26, 2021, for City-owned property located west of Ocoee-Apopka Road and adjacent to the Ocoee High School. The property,which is approximately 16.19 acres, is part of the Crown Point PUD and is made up of Tracts 6C, 6D, 6E,6F, and#33 which will be constructed and platted as public right-of-way. The intent of Wire Development is to create a vibrant mixed-use development with retail that embraces the neighborhood and enhances the connection to the West Orange Trail. The plan for mixed-use will prioritize the integration of adjacent uses with pedestrian oriented transportation networks.The development will include boutique,mixed use,smaller unit multi-family residential that includes live-work and commercial uses. The proposed offer is for a purchase price of $3,000,000.00 for the 16.19 acres which includes 2.25 acres of future right-of-way. PUBLIC HEARING 6. Right-of-Way Vacation of a Portion of North Lakewood Avenue and Clarcona Ocoee Road for Ocoee Development IV, LLC (aka Ocoee Village Center); Project No: VAC- 21-031. (Advertised in the West Orange Times on Thursday,September 9,2021)(Development Services Director Rumer) The specific area of the right-of-way runs in an East-West direction between the existing improved N. Lakewood Avenue and Clarcona Ocoee Road.The request is to vacate and abandon an approximately 11,000 square foot remnant portion that is unimproved and outside of the County's right-of-way line for the existing improved Clarcona Ocoee Road. Upon vacation, the subject right-of-way will be combined with the Ocoee Village Center property. The property is shown to be used in the Ocoee Village Center Southeast Retail Site plan. The applicant provided letters of"No Objection" from all applicable utility companies which include Orange County, Lake Apopka Natural Gas, Duke Energy, Century Link, AT&T, and the City of Ocoee. The Orange County Property Appraiser's Office reviewed the vacate area and legal description and has no objections and has stated no other entities are entitled to the proposed vacated area. FIRST READING OF ORDINANCE 7. First Reading of Ordinance to Amend Article III,Chapter 1 in the Code of Ordinances, Creating a Fingerprinting Fee and Adopt a Resolution Establishing a Fee. (Second Reading and Public Hearing scheduled for October 5, 2021, Regular Commission Meeting at 6:15 pm or soon thereafter) (Police Chief Plasencia) The Ocoee Police Depai tiuent's administrative staff provides the service of fingerprinting to citizens of Ocoee and non-residents at a maximum cost of five dollars ($5.00) on Fridays from 9:00 AM to 12:00 PM. The fingerprinting service is used by individuals who require fingerprinting for employment, immigration, concealed weapons permits, business licensing, adoption, etc. Staff has researched the fees charged by other municipalities and has found that there is no local law enforcement agency in or around Orange County which provides fingerprinting services to non-residents free of charge. Most law enforcement agencies also charge residents a fee for fingerprinting services. By establishing an ordinance providing for a fee for fingerprinting services,the Police Department can recover some of the costs associated with providing this service to residents. The proposed amount of the fee is twenty-five dollars($25.00)to non-Ocoee residents and ten dollars($10)to residents. a) First Reading of Ordinance b) Resolution Establishing a Fee (Not a Public Hearing) Wage Regular City Commission September 21, 2021 8. First Reading of Ordinance to Repeal Chapter 15 of the Code of Ordinances and Adopt a Resolution to Reestablish the Parks and Recreation Advisory Board. (Second Reading and Public Hearing scheduled for October 5, 2021, Regular Commission Meeting at 6:15 pm or soon thereafter) (City Clerk Sibbitt) Chapter 15 of the Code of Ordinances entitled"Parks and Recreation Advisory Board"was originally adopted by Ordinance No.908 on September 9, 1986. Since that time advisory boards have been adopted by resolution in order to revise the bylaws without amending the City Code, which entails a first and second reading, publishing an ad in the newspaper and amending the City Code with Municode. Staff finds that it is in the best interest of the City to establish a Parks and Recreation Advisory Board by resolution to allow for the revision of the Parks and Recreation Advisory Board bylaws, from time to time, without the need to amend the City Code by ordinance. 9. First Reading of Ordinance for Starbucks Ocoee - Substantial Amendment to the Approved PUD for Fountains West PUD; Project No: RZ-21-07-26. (Second Reading and Public Hearing scheduled for October 5, 2021, Regular Commission Meeting at 6:15 pm or soon thereafter) (Development Services Director Rumer) 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.The approved PUD created eight(8) commercial lots of which there is one lot undeveloped(Lot 2).The original PUD was approved with a Drive- In Restaurant permitted on Lots 3 -7.During the discussion and approval of the Development Agreement for the PUD, the City Commission amended the permitted uses for Lot 3 by removing "Drive-in" Restaurants. Subsequent to that approval,McDonalds applied for a restaurant with their customary drive-thru on Lot 2 and was denied based on the drive-thru location. The applicant, Starbucks Coffee, is proposing a land-use change that will allow Lot 3 to construct a new Starbucks coffee shop with two(2)drive-thru lanes at the former Fifth Third Bank site. SECOND READING OF ORDINANCE—PUBLIC HEARING 10. Second Reading of Ordinance Regulating the Retail Sale of Dogs, Cats and Rabbits by Pet Stores. (Advertised in the West Orange Times on Thursday, September 9, 2021) (City Attorney Cookson) On June 24,2021,the Board of County Commissioners of Orange County enacted an ordinance prohibiting the retail sale of dogs, cats and rabbits in Orange County. The Orange County Charter specifically provides no county ordinance shall be effective within a municipality if the municipality maintains an ordinance covering the same subject matter or activity as the County Ordinance. City Staff has determined that the continued ability of the one existing pet store within the City engaged in the retail sale of dogs, cats, and rabbits and the prohibition of any other pet store within the City to engage in the retail sale of dogs, cats and rabbits, is in the best interest of the health,safety and welfare of its residents,citizens and public at large and has provided three (3)ordinance options for the Commission's consideration. 11. Second Reading of Ordinance Implementing a Temporary Moratorium on Processing Applications for Self-Storage within the C-3 (General Commercial) and I-1 (Restricted Manufacturing and Warehousing) Zoning Districts. (Advertised in the Orlando Sentinel on Sunday, September 12, 2021) (Development Services Director Rumer) The First Reading of Ordinance was read at the September 7,2021, City Commission meeting. Development Services Department has received numerous inquiries and requests to meet regarding new Self-Storage facilities within the City's C-3 (General Commercial) and I-1 (Restricted Manufacturing and Warehousing) zoning districts. In keeping with the City's visions of providing opportunities for amenities such as restaurants, shopping, mixed-use centers, and employment for its 50,000 residents, a review of the developable land and carrying capacities of self-storage facilities is essential to fulfilling the vision. Currently,the City has 11 self- storage facilities that are operating,under development,or recently approved. Self-storage facilities are unique in that they tend to be large buildings that generate low utility consumption,low traffic trips,and also generate low employment. A moratorium on self-storage facilities will allow time for staff to facilitate a study on the optimum carrying capacity of units based on current and future populations to better assess future projects and better understand the tradeoffs for having self-storage on a parcel that may be better suited for retail or restaurants based on the City's vision. 3 ' Page Regular City Commission September 21, 2021 REGULAR AGENDA 12. American Rescue Plan Act (ARPA) Funding Consulting Services Selection Process. (Finance Director Roberts) The City of Ocoee will receive$24,172,699 in the form of a federal grant through the American Rescue Plan Act(ARPA).Funding will be received in two equal tranches of$12,086,350.The first tranche is expected by September 30,2021,with the second tranche anticipated by summer 2022.Federal grants inherently require an extensive amount of compliance monitoring and reporting, and are subject to more stringent audit procedures. In addition, procurements involving federal funds are subject to complex federal procurement rules. Should the City fail to comply with any of the requirements set forth in the American Rescue Plan Act of 2021, any particular use of the funds could be denied by the granting authority and the City could have to repay those funds. Recognizing the unique and complex requirements of ARPA, staff, in consultation with the City Manager,believes it is in the best interest of the City to contract with a consultant uniquely qualified to assist the City in meeting these requirements. Due to time constraints, Staff recommends the use of the previously bid State of Florida DMS Contract,which includes hourly rates. COMMENTS FROM CITIZENS/PUBLIC COMMENTS FROM COMMISSIONERS ADJOURNMENT CITY COMMISSION ANNOUNCEMENTS MEETING (Starting the later of 6:45 pm or 5 minutes following the adjournment of the City Commission Meeting) During the City Commission Meeting, members of the City Commission are given limited time to make announcements. The purpose of this additional meeting is to give the Mayor and City Commissioners time to make additional announcements that were not made as part of the City Commission Meeting. No formal actions on matters will be taken during this meeting. No discussions regarding matters that may come before the City Commission at a future City Commission Meeting should be addressed during this meeting. As the purpose of the meeting is for the sharing of general announcements by members of the City Commission that are City-wide or District-wide, no public discussion/input is requested during this meeting. One or more members of the City Commission may(but are not required to)attend this meeting. In the event the members of the City Commission have no further announcements and/or choose not to attend this meeting,there will be no meeting. PLEASE NOTE:IN ACCORDANCE WITH FLORIDA STATUTES 286.0105:ANY PERSON WHO DESIRES TO APPEAL ANY DECISION AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND FOR THIS PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS BASED. ALSO,IN ACCORDANCE WITH FLORIDA STATUTE 286.26:PERSONS WITH DISABILITIES NEEDING ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT THE OFFICE OF THE CITY CLERK,150 N.LAKESHORE DRIVE,OCOEE,FL 34761, (407)905-3105 48 HOURS IN ADVANCE OF THE MEETING. 4IPage