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01-18-2022 MinutesMINUTES REGULAR CITY COMMISSION MEETING JANUARY 18, 2022 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 - 6:21 PM Presentation on the Ocoee Cemetery Beautification Project - Parks and Recreation Director Johnson provided a PowerPoint highlighting the current condition of the Ocoee Cemetery and the vision proposed by bringing the Cemetery into compliance with the Cemetery Rules and Regulations. Commissioner Wilsen shared her contentment with the project. Mayor Johnson asked for confirmation that the Rules and Regulations were provided at the time of purchase. City Clerk Sibbitt answered in the affirmative, and further shared that this item is also before them on the Consent Agenda, item number five. City Manager Frank reminded the Commission of the clean-up attempt from several years ago, and acknowledged that some citizens were resistant to change and had a hard time accepting the Rules and Regulations. He explained the importance and need to abide by the established rules, which are provided at the time of purchase, to successfully run the Cemetery. Consensus of the Commission was to move forward with the Cemetery Beautification Project. STAFF REPORTS AND AGENDA REVIEW - 6:27 PM City Manager Frank announced that Best Fest would be postponed, and shared a new date is anticipated to be set in September. COMMENTS FROM CITIZENS/PUBLIC - 6:16 PM (Heard out of agenda order at 6:16 PM) The following persons addressed the City Commission: Tom Mottlau, Ocoee Resident, requested the use of the Ison Center on the second Tuesday of every month from 6:30 PM to 8:30 PM for the American Legion Post 109 monthly meeting, as well as use for any other meetings that the organization might need to hold. Parks and Recreation Director Johnson confirmed that the second Tuesday of the month was available. Motion: To waive the rental fees at the Tom Ison Center for the American Legions Post 109. Moved by Commissioner Wilsen, seconded by Commissioner Oliver; Motion carried 5-0. Regular City Commission Meeting January 18, 2022 Andrew Wagner, OneBlood, shared at the request of Ocoee resident, Jim Moyer, they were looking to host periodic blood drives in North Ocoee and requested the use of the Tom Ison Center's parking lot. Mayor Johnson inquired about the date/time. Commissioner Wilsen inquired if City Staff would need to assist. Mr. Wagner confirmed that One Blood would completely fund the event, and that it would not require City Staff or the facility. He further explained they are completely self-contained within the One Blood donation bus and would provide acertificate of insurance (COI). Consensus of the City Commission was to allow One Blood to host a blood drive in the Tom Ison Center parking lot. Mayor Johnson directed Andrew Wagner to work with Parks and Recreation Director Johnson to finalize the details. CONSENT AGENDA - 6:28 PM Consent Aaenda Motion Motion: Move to adopt the Consent Agenda Items #1 - #13. Moved by Commissioner Wilsen, seconded by Commissioner Firstner; Motion carried 5-0. 1. Approval of the Minutes for the Regular City Commission Meeting held January 4, 2022. (City Clerk Sibbitt) Approved on Consent. Motion carried 5-0. 2. Approval of Reappointment to the Citizen Advisory Council for Ocoee Police Department (CACOPD). (City Clerk Sibbitt) Members of the Citizen Advisory Council for Ocoee Police Department (CACOPD) serve three-year terms. The Resolution creating the Board allows no more than nine (9) members. Currently, the board has nine (9) members. The term of Member Annette Brown expires in January of 2022, and she wishes to be reappointed. In 2021 Member Brown attended four out of six meetings. Approved on Consent. Motion carried 5-0. 3. 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. Currently, the Human Relations Diversity Board has twelve (12) members, and their resolution allows no less than seven (7) members and no more than thirteen (13) members. One (1) application has been received by Scott Kennedy who has shown an interest in being appointed to the Human Relations Diversity Board for a term ending May 2025. Approved on Consent. Motion carried 5-0. 2 1 P a g e Regular City Commission Meeting January 18, 2022 4. Approval of Third Amendment to the Contract for Interment and Inurnment Services at the City of Ocoee Cemetery and Approval of Resolution Amending Exhibit "B" Schedule of Product and Service Fees. (City Clerk Sibbitt) On September 18, 2012, the City of Ocoee entered into a Contract with Quality Vaults and Monument, Inc., to perform interment and inurmment work as set forth in RFP #12-006 (the "Contract"). The First Amendment to the contract was approved on August 7, 2018, and the Second Amendment was approved on May 18, 2021. Quality Vaults and Monument, Inc., is the sole provider of services to the City at this time. The City was notified by the vendor that the costs associated with engraving niche doors has drastically increased due to a supply demand. Therefore, staff desires to amend the existing Contract to increase the costs associated with performing this service. Section 3 of Chapter 61 of the Code of Ordinances authorizes the City Commission to amend the City of Ocoee Cemetery Rules and Regulations by resolution from time to tune, as deemed necessary. Approved on Consent. Motion carried 5-0. 5. Approval to Proceed with the Ocoee Cemetery Beautification Project, and Close and Rename Capital Project Budgeted in FY21/22. (City Clerk Sibbitt and Parks and Recreation Director Johnson) The City Clerk's Department in partnership with the Park and Recreation Department is seeking to work with lot/plot and niche owners to enforce the Rules and Regulations of the Ocoee Cemetery with respect to the uniform upkeep of the Cemetery located at 368 E. Geneva Street. The Rules and Regulations of the Cemetery have been provided to lot/plot or niche owners since the City took ownership of the Cemetery in the early- 1960's, and are also visibly posted within the entrance of the Cemetery. Phase I of the project would incorporate sending a letter to all individuals listed as owning a lot/plot or niche within the cemetery, placing a display ad in the West Orange Times, and posting a notice at the Ocoee Cemetery which will allow owners a time frame of 90-days to bring their lot/plot or niche into compliance. Parks staff will also proceed with tree trimining and tree removal during this phase. Phase 11 of the project will consist with finalizing compliance of lot/plot or niche clean-up, and proceeding with the installation of sod and irrigation to provide a manicured aesthetics to the Cemetery; and further, allow for easier maintenance of the cemetery grounds. Phase III of the project would be to proceed with the expansion of the Cemetery after surveying is completed and options for the site are approved by the City Commission. Phase II and Phase III will need to be budgeted in FY 22/23. To be prepared for Phase III, City staff is requesting to close the Capital Improvement Project for $50,000 for installation of Cemetery decorative fence; and further, rename and reallocate the $50,000 to Cemetery Expansion Project to assist with any anticipated cost that may be incurred with tree trimming and tree removal, and all associated surveying of the City -owned adjacent property for future Cemetery expansion. Approved on Consent. Motion carried 5-0. 6. Approval of Change Order No. 1 Amending Cepra Landscape's Contract RFP #20- 005, Landscaping, Landscape Maintenance, and Mowing Services to Include the Landscape Maintenance at the Utilities Administration Building Located at 1800 AD Mims Road. (Deputy Development Services Director/CRA Administrator. Corless) Cepra Landscape has been providing the City's landscape, landscape maintenance, and mowing services since 2020. Currently, the contract includes maintenance of the ROWS, medians, roundabout, cemetery, fire stations 25, 26, and 39, and police station. The Utilities Department wishes to add landscape maintenance at their administration building to the existing contract. Staff recommends the Mayor and City Commission amend, by Change Order, Cepra Landscape's contract to include annual landscape maintenance at the Utilities Admin Building. Staff also recommends the City Manager be authorized to approve change orders to this contract up to the limit of his purchasing authority for each change order. Approved on Consent. Motion carried 5-0. 3 1 P a g e Regular City Commission Meeting January 18, 2022 7. Approval of the Large Scale Final Site Plan for Everest Rehabilitation Hospital; Project No: LS-2021-007. (Development Services Director Rumer) The subject property is zoned PUD (Planned Unit Development) and is located on the east side of Lake Johio Road, north side of E. Silver Star Road, approximately 770 feet east of the intersection of N. Clarke Rd. and E. Silver Star Rd. The subject site is approximately 6.79 acres in size. The proposed Everest Rehabilitation Hospital Large Scale Preliminary Site Plan consists of a 39,817 sq. ft. rehabilitation facility consisting of 36 beds. Additionally, there is 4,792 sq. ft. future expansion space. Parking is being provided to meet two spaces per bed with a required 72 parking spaces. The site is able to facilitate 100 parking spaces with 12 being A.D.A. compliant. Access to the site is via a right -in / right -out on Silver Star Road. An additional driveway is located on Lake Johio Road. A deceleration right turn lane will be provided on Silver Star Road and a right turn lane on Lake Johio Road. Approved on Consent. Motion carried 5-0. 8. Approval of a Right -of -.Way Transfer and Continuing Maintenance Agreement for Lakewood Avenue with Central Florida Expressway Authority. (Development Services Director Rumer) The City approved the Ocoee Village Center PUD that proposed a realignment of N. Lakewood Avenue from Fullers Cross Road to the intersection with Clarcona Ocoee Road. In order to facilitate the realignment and future vacation of existing pavement from the previous location of N. Lakewood Avenue, the City needs to obtain some rerrmant parcels of land under ownership from the Central Florida Expressway. On February 2, 2021, the City made application to CFX requesting the conveyance of the CFX Parcels to the City. In order to ensure all local road right-of-way and associated facilities are owned by the City and all right-of-way and associated facilities operated as a part of the Expressway System are owned and maintained by CFX, CFX and the City desire to enter into the proposed Right -of -Way Transfer and Continuing Maintenance Agreement to effectuate the transfer of certain ownership interests. Pursuant to the terms of the proposed Agreement, CFX agrees to transfer the CFX Parcels to the City for ownership and maintenance. Approved on Consent. Motion carried 5-0. 9. Approval of First Amendment to Development Agreement Extending a Temporary Approval for an Automobile Parking Lot for Gatorbruno Properties. (Development Services Director Rumer) The subject property is located on Maguire Road just north of the CSX Railroad tracks and south of Franklin Street. The parcel is located within the Gateway Character Area of the SR 429 Overlay. The parcel contains one (1) existing metal industrial building. The total parcel acreage is 3.63 acres and is zoned I-1. Access to the site is via a driveway located on Maguire Road. On February 5, 2019, the applicant received approval for a Temporary Automobile Parking Lot for a three-year term which expires on February 5, 2022. The applicant is requesting an extension of two (2) years to use the property to temporarily park cars for transport to the auto auction. Approved on Consent. Motion carried 5-0. 10. Approval of General Fund Budget Reallocation. (Finance Director Roberts) At the close of each fiscal year, Finance reconciles the budget to actual results for the year. The FY 2021 reconciliation revealed the Fire Department exceeded it projected budget by $310,052.06. The overage was primarily in Personal Services due to an increased demand for EMS transport services, offset by higher than anticipated EMS transport revenues $295,839.84. In addition, Legal Expenses exceeded budget by $2,020.93 for the year. There is sufficient residual budget available in the General Fund to offset these overages with no effect on the overall FY 21 general fund budget. Therefore, Finance is seeking Commission authorization to reallocate $312,072.99 of residual budget from Police Personal Services to cover the overages in the Fire and Legal expenditure lines. The additional $295,839.84 in revenue will be allocated to the City's fund balance. Approved on Consent. Motion carried 5-0. 4 1 P a g e Regular City Commission Meeting January 18, 2022 11. Approval to Award Asphalt Paving Projects for FY 2022. (Public Works Director Krug) The Commission awarded the FY 2021 Asphalt Paving Projects through Contract ITB #21-009 to Middlesex Paving, LLC at the October 5, 2021 meeting. The competitively bid contract was within the FY 2021 budget at $878,450.00. Due to the volatility in the construction market and fluctuation in fuel prices which directly correlate to asphalt pricing, Public Works approached Middlesex to see if the contractor would honor the FY 2021 contract pricing for the FY 2022 resurfacing program. Middlesex has agreed to honor their existing FY 2021 contract pricing for the work included in the FY 2022 resurfacing program. Public Works will issue a change order to incorporate the additional work into the contract upon Commission approval. Public Works recormnends incorporating the FY 2022 resurfacing program and traffic signal detection loops into the competitively bid and awarded contract ITB #21-009 Asphalt Paving Projects for FY 2021 with Middlesex Paving, LLC. Approved on Consent. Motion carried 5-0. 12. Approval to Surplus a Mobile Home at 750 East Richmond Avenue. (Public Works Director Krug) The Commission authorized the purchase of the property at 750 E. Richmond Avenue in 2021 to provide for the expansion of the adjacent City Cemetery. A mobile home was located on the property at the time of purchase. Public Works pursued several avenues for selling or relocating the 2006 mobile home; however there was no interest due to the age and condition of the home. Due to wayfarers utilizing the home, Public Works demolished the home in order to eliminate City liability of this unauthorized use. Public Works also decommissioned the mobile home's septic system. The City has since received a Certificate of Title for the demolished mobile home. Public Works is requesting the Commission officially surplus the mobile home in order to file a Certificate of Destruction pursuant to Florida Statutes. Approved on Consent. Motion carried 5-0. 13. Approval of Contract Extensions for RFQ 1701 Continuing Surveying & Mapping. (Public Works Director Krug) The Commission awarded Continuing contracts for Surveying & Mapping Services in 2017 through RFQ 1701 to Southeastern Surveying & Mapping. The original contract award was for a five (5) year term with an optional one (1) year renewal. Based on the performance of the awarded firms, Public Works is requesting Commission authorization to extend the exiting contacts for the optional one (1) year extension. Approved on Consent. Motion carried 5-0. FIRST READING OF ORDINANCE — 6:29 PM 14. First Reading of Ordinance for Guerrero Property at 1411 North Lakewood Avenue — Annexation & Rezoning; Project No(s): AX-11-20-95 & RZ-20-11-14. (Second Reading and Public Hearing scheduled for February 1, 2022, Regular Commission Meeting at 6:15 pm or soon thereafter) (Development Services Director Rumer) The subject properties physical address is 1411 N. Lakewood Avenue and is located approximately 110 feet north of Wurst Road and 164 feet south of 13th Avenue. The site is approximately 0.17 acres and located within the City of Ocoee -Orange County Joint Planning Area (JPA). The subject parcel has one (1) existing single-family residence. The applicant is annexing into the City limits as a condition to receive city potable water connection. The proposed annexation is a logical extension of the City limits, urban services can be provided, and the amlexation meets state and local regulations. a) First Reading of Annexation Ordinance b) First Reading of Rezoning Ordinance 5 1 P a g e Regular City Commission Meeting January 18, 2022 City Attorney Cookson read the title of the Ordinances. Mayor Johnson announced that this will be presented as a second reading and public hearing at the next scheduled City Commission meeting on February 1, 2022, at 6:15 PM or soon thereafter. SECOND READING OF ORDINANCE — PUBLIC HEARING - 6:30 PM 15. Second Reading of Ordinance for West Orange Surgery Center at 3422 & 3432 Old Winter Garden Road — Annexation &. Rezoning to Planned Unit Development (PUD); Project No(s): AX-10-21-22 & RZ-21-10-30. (Advertised in the West Orange Times on Thursday, January 6, 2022 and Thursday, January 13, 2022) (Development Services Director Rumer) The First Reading of Ordinance was held on Tuesday, January 4, 2022. The subject properties are located at 3422 and 3432 Old Winter Garden Road in the southeast corner of the Blackwood Avenue and Old Winter Garden Road intersection. The site is approximately 1.27 acres and located within the City of Ocoee -Orange County Joint Planning Area (JPA). The applicant is proposing to annex the properties into the City and rezone them from County A-1 to PUD in order to develop an 11,500 SF surgery center. Currently, each parcel contains an unoccupied single-family dwelling, and the applicant proposes to develop the properties for a surgery center. a) Second Reading of Annexation Ordinance b) Second Reading of Rezoning Ordinance Zoning Manager Whitfield provided a PowerPoint which summarized this proposed development that contains two (2) properties approximately 1.27 acres in total and located within the City of Ocoee/Orange County Joint Planning Area (JPA). The applicant is proposing to annex into the City and rezone the properties as Planned Unit Development (PUD) in order to develop a one-story 11,500 SF surgery center with the following setbacks: 15-foot front setback from Old Winter Garden Road; 10-foot front setback from Blackwood Avenue; 10-foot side setback, and 25-foot rear setback. Stormwater management will be provided through a combination of surface retention and exfiltration. Landscape buffers along the front (Old Winter Garden Road and Blackwood Avenue) and rear property lines will be provided. The rear landscape buffer will be supplemented by either a wall or a fence per Future Land Use Element Policy 7.1. Staff supports the proposed development standards in the West Orange Surgery Center Land Use Plan (LUP) if the applicant revises the LUP to reflect a shared driveway and vehicular access connectivity in the northern and southern drive aisles, via cross -access easements, for efficient circulation between the West Orange Surgery Center and West Orange Medical Center. In addition, approval is subject to resolution of utilities issues, specifically sewer connections. City Attorney Cookson read the titles of the Ordinances. The public hearing was opened. As no one wished to speak, the public hearing was closed. Commissioner Firstner inquired if the West Orange Medical Center and West Orange Surgery Center were the same project. Zoning Manager Whitfield answered the projects have separate developers and owners. Commissioner Firstner inquired if both properties agreed to the shared driveway and if that would satisfy the requirements of the Development Review Committee. Zoning Manager Whitfield answered in the affirmative. 6 1 P a g e Regular City Commission Meeting January 18, 2022 a) Second Reading of Annexation Ordinance Motion: Move to adopt Ordinance No. 2022-01, West Orange Surgery Center at 3422 & 3432 Old Winter Garden Road Annexation; Protect No(s): AX-10-21-22 as presented by staff, and subject to the two (2) conditions of approvals; Moved by Commissioner Wilsen, seconded by Commissioner Firstner; Motion carried unanimously. b) Second Reading of Rezoning Ordinance Motion: Move to adopt Ordinance No. 2022-02, West Orange Surgery Center at 3422 & 3432 Old Winter Garden Road Rezoning to Planned Unit Development (PUD); Project No(s): RZ-21-10-30 as presented by staff, and subject to the two (2) conditions of approvals; Moved by Commissioner Wilsen, seconded by Commissioner Brinson; Motion carried unanimously. PUBLIC HEARING - None REGULAR AGENDA -None COMMENTS FROM CITIZENS/PUBLIC - 6:43 PM The following persons addressed the City Commission: Scott Kennedy, Ocoee Resident, shared that at the last meeting the subject of meeting procedures was discussed, and he inquired where the recently approved procedures were published. He then reminded the Commission that Commissioner Oliver had requested to stop his 10-minute timer, which he felt went against an approved meeting procedure. City Clerk Sibbitt confirmed the discussion from the previous meeting and explained that a written policy was not adopted; however, the approval for the meeting procedure could be located within minutes. She then requested clarification from the City Attorney. City Attorney Cookson explained that a written policy had not been adopted, but it was a discussion by the City Commission which established the meeting procedures. He then confirmed that the approval would be found within the minutes. Commissioner Oliver explained why he requested to stop the clock. Brad Lomneck, Ocoee Resident, addressed the comment from Commissioner Oliver about his request to stop the timer for his 10-minute announcements, and declared if an announcement required a discussion it should be placed on the Regular Agenda. He further elaborated that Commission Announcements/Comments should be used to inform citizens, not to spark discussion. Commissioner Oliver shared his position and further explained why he requested to stop the clock. Steve Marbais, Ocoee Resident, presented a handout that showed his proposed plans for a parking lot on the property at 1 Taylor Street to store his antique cars. He shared that he recently met with Development Services Director Rumer, and required assistance from the Commission. Mayor Johnson inquired about the use and disclosed that the current owner was previously cited by Code Enforcement for storing items on the property. Development Services Director Rumer elaborated on the multiple conversations he had 7 1 P a g e Regular City Commission Meeting January 18, 2022 with Steve Marbias, and clarified several of the concerns he had with the proposed project. City Attorney Cookson inquired if an application had been submitted. Commissioner Wilsen shared her concerns and requested that he work with City staff to ensure that he follows the City Land Development Code and recommended that they keep in mind the Master Plan for the Downtown corridor. Assistant City Manager Shadrix explained that Development Services Director Rumer followed City protocol and elaborated that the larger concern is for the intended use. Commissioner Brinson explained the application process and how it is typically presented before the Commission. He further shared that he felt this request required those important steps. Commissioner Oliver agreed with Commissioner Wilsen that Mr. Marbais should work with City staff to resolve the concerns, and submit an application. Mayor Johnson shared his concerns and encouraged him to work with City staff. Development Services Director Rumer confirmed the required steps to submit an application. COMMENTS FROM COMMISSIONERS - 7:18 PM Commissioner Brinson — Commented on the following: 1) Asked for citizens to exercise caution while driving through construction zones, and encouraged all to practice patience. 2) Encouraged citizens to contact their Commissioner with any suggestions and/or recommendations to help the City flourish. 3) Provided an update on COVID-19 protocol. Commissioner Wilsen — Commented on the following: 1) Encouraged residents to "Live Local" by frequenting businesses within the City limits. 2) Commented on the 10-minute time limit during the comment section and stated that she believed it was an adequate time limit. She encouraged other Commissioners to contact City Staff with resident concerns before the meeting, and conveyed that by working with Staff she can often assist her residents within the same day, saving them time and resolving their matter well before the next City Commission meeting. 3) Reminded the Commission that the City Attorney approved the use of a televised 10-minute announcement session after the City Commission meeting has ended. Commissioner Firstner — Commented on the following: 1) Agreed with Commissioner Wilsen's comments on the 10-minute time limit and shared that he believed the regular agenda is the best method for all matters that require a discussion and/or City Commission approval. He reminded the Commission of the requested workshops, recalled that they ended because there was no need for further discussions at that time, and suggested bringing them back if additional discussions are warranted. 2) Reiterated that there are many new businesses in the City and encouraged residents to frequent them, and further expressed that the Commission does the best they can to constantly bring in new businesses. 3) Shared that District 3 is doing well, and he has not received any concerns. 8 1 P a g e Regular City Commission Meeting January 18, 2022 Commissioner Oliver — Commented on the following: 1) Thanked and welcomed the residents that recently joined the Human Relations Diversity Board. 2) Reiterated the same sentiments of "Living Local", and encouraged residents to be a patron of Ocoee businesses. 3) Commented on the 10-minute time limit, expressed his discord and shared why he felt it was bad practice. 4) Relayed a resident's inquiry as to why the City has not purchased a portable stage. Mayor Johnson shared that several years ago he attempted to purchase a mobile stage and the Commission voted it down. He further shared that, if needed, the City of Winter Garden owns a stage and has loaned it to the City in the past. 5) Spoke about the lack of assistance in West Orange County during the COVID-19 Pandemic. 6) Announced how to receive free COVID-19 testing kits offered by the government. 7) Announced a free COVID-19 testing site date and time. 8) Shared that resident Jim Moyer recently suffered some minor health issues and wished him a speedy recovery. 9) Shared a quote on unity. Mayor Johnson — Commented on the following: 1) Announced the date and time of the State of the City address. 2) Announced the Music in the Park Event date and time. 3) Asked the City Clerk to contact Orange County Supervisor of Elections to inquire about timeframes for campaign signs. 4) Asked for an update on lighting issues along Highway 50. City Manager Frank addressed his concerns. 5) Commented on the portable stage request and shared that the James E. Strates Shows has a large mobile stage that they are looking to sell if the Commission is interested. 6) Commented on the increase of COVID-19 cases. 7) Commented on Steve Marbais' request and stressed the importance of focusing on the vision of the City's downtown when considering any requests. 8) Announced the next City Commission meeting is scheduled for February lsr ADJOURNMENT — 7:46 PM APPROVED: Attest: City of Ocoee qllz I JA�(- Melanie Sib itt, City Clerk c Rusty Jo s , Mayor 9 1 P a g e