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07-19-2022 MinutesMINUTES REGULAR CITY COMMISSION MEETING JULY 19,2022 CALL TO ORDER - 6 e I' S 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 Pastor Keith Tower, followed by the Pledge of Allegiance to the Flag led by Commissioner Firstner. 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 Franl,-,, City Attorney Cookson, City Clerk Sibbitt PRESENTATIONS AND PROCLAMATIONS - 6 : 16 PM Landra Wormack, Representative for the Orange County Tax Collector Office, announced several updates, encouraged appointments, as they are required, and explained new handicap guidelines for international travelers. STAFF REPORTS AND AGENDA REVIEW - None COMMENTS FROM CITIZENS/PUBLIC - 6 e 18 PM The following persons addressed the City Commission: Brad Lonmeck, HRDB Member, introduced himself, HRDB Members Jay Carr and Scott Kennedy, and Jennifer Yon with the Jennifer Yon Agency. He provided an update to the City Commission on the recommendation by the Board to not reallocate funding dedicated to the Unity Monument, and instead requested additional funding to cover the 2022 Ocoee Remembrance Event. Jay Carr, HRDB Member, shared that the anticipated budgeted funding of $7,000 will not be available until October I", as it is proposed to be approved during the budget meetings for the 22-23 Fiscal Year. He then explained that the revised event which was condensed down would require a total of $30,200. He further clarified that a $17,000 deposit is required immediately to secure the event, and allow Mrs. Yon to move forward. Scott Kennedy, HRDB Meinber, shared his concerns and confirmed that the HRDB Board, by consensus, supported the revised plan. Jennifer Yon explained the limitations and hardship she experiences as an event coordinator when an event is not commenced shortly after a quote has been provided, and inquired about the timeframe for receiving deposits. Mayor Johnson explained the budget process and encouraged fundraising. Jennifer Yon outlined her responsibilities as the event coordinator and offered to assist when possible in seeking sponsors, but explained that was not within the scope of her required duties. Commissioner Brinson inquired about the $ 10,000 allotted for the monument, Mr. Lomneck briefed him on the multiple sculptures and monument discussed at their HRDB meeting. Mr. Carr further clarified the request for the $10,000 and explained the Board's desire to have the Regular City Commission Meeting July 19, 2022 funds used to purchase a statue. Commissioner Wilsen inquired about the remaining $13,200. Mr. Lonmeck addressed her concerns. Further discussion ensued on the budget and funding of the proposed Ocoee Remembrance Event. Mayor Johnson proposed reallocating the available funds for the Unity Park monument and re - budgeting the monument during the 22-23 fiscal year budget meetings; and further, moving $10,000 from Contingency. Commissioner Firstner offered to provide $6,000 from his discretionary funds. Commissioner Oliver shared his concerns about both the planning and funding for this event and inquired about roll-over funds. Commissioner Wilsen addressed his roll-over funding concerns, and City Manager Frank further elaborated. reltreTINITj 0 - 0 . P P 0 0 0 0 0 1 0 • 1117WIM NW-juU Ir=- =IVIRM0 MICTINPINIIIIII IT."" rITIN MINE ff Wm M-TIF-1 ErVENOWNIO WN-WIM". 11.12-Ir M. a M-2111-TOMM. WIM 'I I IIIIIIII ill DIM-10111 Mayor Johnson, seconded by Commissioner Wilsen; Motion carried �MV Mayor Johnson addressed a false rumor which was shared via social media and ensured citizens that the current Commission strongly supports the annual Ocoee Remembrance event and does not have any intention of canceling it. Scott Kennedy thanked the Commission for their support, addressed comments made by Commissioner Oliver, and requested a backup Commission Liaison when an absence occurs. Commissioner Oliver addressed his concerns. Pastor Keith Tower, HighPoint Church, thanked the Commission for allowing them to be involved year after year and reassured citizens that the church will continually honor this event. Brad Lomneck addressed comments made by Commission Oliver. Commissioner Oliver addressed his concerns. for discussion and separate consideration. carried 5-0. 2 1 P a g e Regular City Commission Meeting July 19, 2022 City staff is relocating into the new City Hall and will be working to resume the ongoing functions of their departments during the following weeks. Currently, the first floor is scheduled to close at 2:00 prii and relocate to the new City Hall on Friday, July 29th. Normal hours of operation will resume on Monday, August 1, 2022. City staff is requesting the August 2, 2022, Regular City Commission meeting be cancelled to allow departments to resume their operational functions, get accommodated to their new spaces, and be prepared to welcome the public. The TRIM act requires local governing bodies to set a proposed tentative millage rate annually during the month of July. The property appraiser is then notified of the rate and uses it to advise taxpayers of their proposed tax levies for the next year. The rate can be lowered during the budget hearings in September as has historically been done by the Citv. Workshops are held during August for staff and the commission to discuss the proposed budget for the upcoming fiscal year. Public hearings are required by the TRIM Act in September serving as a mechanism to notify the citizens of the proposed budget and allow the opportunity for their comments. Staff recommends the Commission approve the following dates for the August budget workshops: August 9th and 17th. Staff recommends the City Commission approve the following dates for the September budget hearings: September 15th and 21st. Workshops and hearings will begin at 6:00 p.m. Boyd Development who is the owner of Ocoee Corners Development which is located on the west side of Maguire Road and south of Colonial Drive (SR 50) desires to have a portion of the Property developed for a coffee shop with drive-thru on one parcel and a restaurant with drive-thm serving frozen custard, desserts and frozen treats on the other parcel. Provided that the City approves development of the Property for the Intended Use, Ocoee Comers, LLC, has agreed to provide a "linear buffering park" on the property. Staff is requesting this Development Agreement in order to ensure the longevity of the park maintenance and upkeep. Should the Park fall into periods of non -maintenance or to not be properly maintained, the Agreement permits the CRA to make necessary repairs and/or maintenance and invoice the Ocoee Comers POA for the maintenance costs. 3 1 P a g e Regular City Commission Meeting July 19, 2022 In compliance with the City of Ocoee Purchasing Code Chapter 21 and the Code of Federal Regulations 2 C.F.R. Section 200.317-326, proposals were solicited from experienced contractors to provide emergency repair, planned maintenance and new installations of traffic lights, caution lights, school flashers, and roadway safety lighting throughout the City. This contract is also for any pre -event federal grant funded projects, such as through FEMA, FHWA, or other federal agency. Due to the projected workload, the City recommends award of this term contract to one (1) firm to perform the required services. The Evaluation Committee short-listed the following firms in ranked order, and recommends contracting with the top ranked firm, Traffic Engineering and Management, LLC dba Control Specialists. In compliance with the City of Ocoee Purchasing Code Chapter 21 and the Code of Federal Regulations 2 C.F.R. Section 200.317-326, proposals were solicited in order to prequalify a pool of experienced and licensed contractors that can provide general building, stormwater, and water & sewer construction services for projects, which may include emergency projects, costing less than $500,000, including federal grant funded projects. The term of this contract will be for an initial one (1) year, with four (4) annual automatic renewals, and (1) 2- year optional renewal at the City's discretion. A total of 13 proposals were evaluated by the RFQ Evaluation Committee, which was held on June 30, 2022. The Evaluation Committee short-listed and recommends awarding the term contract for RFQ #22-005 to the top five (5) ranked contractors in Stormwater (1) J. Malever Construction Company, (2) American Persian Engineering & Construction, LLC, (3) Schuller Contractors, (4) Central Florida Environmental, (5) Garcia Civil Contractors; the top two (2) ranked contractors in Water & Sewer (1) J. Malever Construction Company, (2) Cathcart Construction Company — Florida, LLC; and the top three (3) ranked contractors in General Building (1) Voturn Construction, LLC, (2) Poli Construction, Inc., (3) SkyBuilders USA, LLC. Innovation Montessori Ocoee, Inc., a charter school within the City of Ocoee, is expanding their carnpus to include a location at 1475 E. Silver Star Road, Ocoee, FL 34761. The City has an existing agreement with Innovation Montessori Ocoee, Inc. to provide School Resource Officer services but it does not include the new campus or costs associated with the additional campus. An amendment to the agreement is necessary to clarify the Police Depart rent will be providing services to the new campus and Innovation Montessori Ocoee, Inc., will be paying an additional fee for the expanded services. 4 1 P a g e Regular City Commission Meeting July 19, 2022 The City Commission awarded the construction contract for construction of Unity Park at the July 20, 2021, meeting to Prime Construction Group. The original bid for the Downtown Stormwater Park and Pond included line items for the various retaining walls for the project. The actual quantity of concrete necessary to construct the various retaining walls is greater than the total quantity of concrete on the bid form. Therefore, Public Works has determined a change order is necessary to incorporate the additional concrete required to properly construct the pond retaining walls. The cost of this change order is $231,228.35, which will bring the total cost of the contract to $7,677,046.85 with the change order to be funded from the project budget. Commissioner Oliver inquired what had changed with the project to incur the increase. Public Works Director Krug addressed his question and explained the designer did not account for several walls in the estimate but the design did not change. Commissioner Oliver further voiced his concern on the oversight of the proposal. VTMOTI� Tli seconded E�—O—Mmjssioner Firstner. Motion carried 5-0. With the completion of the new City Hall, the City becomes responsible for all building maintenance. Staff is requesting service agreements with the installation contractors for Elevators, HVAC, and Landscape services. This will help ensure that any warranty items that may arise are resolved without conflict or issue. Staff is requesting to waive regular purchasing procedures to ensure warranty and maintenance are with the same contractors. UMUMM - T-To 1 V R The North Cumberland Lift Station #69 Project will extend central sewer service to the North Cumberland Service Area and provides upgrades to the water line along N. Cumberland Road. Due to the increases in construction prices since the LOU in 2020, the Developer is requesting $15,000.00 be added to the contract price to cover additional expenses associated with the installation of the Lift Station. To cover this cost, Change Order No. I was initiated in the amount of $15,000 which was approved by the City Manager per the LOU. Change Order No. I will increase the Contract amount to $236,500.00 to cover increases in construction costs. The money to cover the additional $15,000 will come from Capital Improvements. urgmfwr "-• Me I &Z I Mayor Johnson briefly thanked Pastor Keith Tower and HighPoint Church for all their involvement with the City. 5 1 P a g e Regular City Commission Meeting July 19, 2022 •,kDING OF ORDINANCE -7:22 PrW The proposed LDC amendments intend to resolve sign code discrepancies and consolidate the provisions from Article VI into Article V111. Since the provisions in Section 6-14C(5) were adopted in 1999, they supersede the provisions of Article V111, which were adopted in 1988. Thus, staff proposes approval of an Ordinance implementing amendments to Articles VI and V111 in order to consolidate the sign design standards from Section 6-14C(5) into Article V111 Sign Code and reorganize and update Article V111 accordingly. City Attorney Cookson read the title of the ordinance. Mayor Johnson announced this will be presented as a second reading and public hearing at the next scheduled City Commission meeting on August 16, 2022, at 6:15 PM or soon thereafter. Section 5 -4. 1, LDC, establishes the standards for fences within the City. For internal lots, fences in residential districts may be erected in any required yard or along the edge of any yard, provided that street comer visibility requirements are met and provided that no wall or fence located in front of the front building line does exceed four (4) feet in height and be no more than fifty (50) percent opaque. Fences shall not exceed six (6) feet in height. However, currently the Code does not speak to corner lots where the dwelling units are designed side - to -rear or for lots that have multiple roadway fi-ontages, such as a double-h-ontage lot, through lot, or lot with road frontage along three (3) or more sides. Thus, staff proposes approval of an Ordinance implementing amendments to Article V, Section 5-4. 1, to clarify the requirements for comer lots and lots with multiple street frontages. City Attorney Cookson read the title of the ordinance. Mayor Johnson announced this will be presented as a second reading and public hearing at the next scheduled City Commission meeting on August 16, 2022, at 6:15 PM or soon thereafter. SECOND READING OF ORDINANCE — PUBLIC HEARING -7.22 PM I The Districting Commission was appointed by the City Commission and held several meetings between October 2021 to April 2022. The Districting Commission presented a report to the City Commission on April 5, 2022, advising of its preferred plan. The City Commission accepted the recommended Board Plan I C, and directed staff to bring back an ordinance adopting the new boundaries set forth in this plan. City residents were notified of the proposed Board Plan IC in the April water bill as well as placed on the City's website. City Attorney Cookson read the title of the ordinance. 6 1 P a g e Regular City Commission Meeting July 19, 2022 Mayor Johnson announced this is being continued to the next scheduled City Commission meeting on August 16, 2022, at 6:15 PM or soon thereafter. ir� 1;11�11 1� 11�1 r11W."i r Motion carried unanimouslV. I PUBLIC HEARING - 7:23 IM The applicant, David Barenburg, is requesting approval of one (1) variance from Section 514A and corresponding Table 5-2 as follows: Reduction of the minimum front building setback from 30 feet to 15 feet to accommodate a detached garage for a single-family home that has three (3) lot fronts and a side yard but no rear yard. Zoning Manager Whitfield presented a brief overview of this variance request, which is located at 125 S. Lakeshore Drive and is zoned R-lAAA Single -Family Dwelling. This parcel lies on a comer lot with one (1) side adjacent to South Lakeshore Drive and two (2) sides adjacent to Lafayette Street. The home on this lot was built in 1958 with no garage. The current property owners bought this home in November of 2021, and wish to build a garage adjacent to the home at the rear of the property. However, due to the triangular shape of the parcel, the proposed garage would be approximately fifteen (15) feet from the property line facing Lafayette Street, which is considered a front yard and, per Section 5-14A, requires a setback of 30 feet. The applicant is requesting this variance be approved in order to build a garage approximately fifteen (15) feet from the front property line facing Lafayette Street. Mayor Johnson asked the homeowner if he was aware of the septic tank in the backyard. David Barenburg, Applicant, answered in the affirmative. The public hearing was opened. As no speaker forms were received, the public hearing was closed. I MAW WE I1 W-1 IN 11 M11111121:11 "91WIM1110 M-1 Oliver; Motion carried unanimously. 7 1 P a g e Regular City Commission Meeting July 19, 2022 Construction of the VNIG Shoppes project is currently underway, and CSX Transportation asserts that it owns fifteen (15) feet of the property shown as part of the subject property on the project's boundary survey (prepared in 2017), which was included in the small-scale site plan set. The applicant states that, although it is not clear that the Railroad's understanding of the ROW line location is correct, they were not made aware of this issue until the building foundation and walls were in place. Because of the financial risk of waiting to confirm the railroad ROW location, the applicant is conceding the ROW line as presented by CSX Transportation and proposes to remove the portion of the building in the alleged ROW and an additional three (3) feet buffer (resulting in a loss of 300 SF of office space) in order to allow at least a 3-ft separation of the building from said railroad ROW. Because the proposed 3-ft buffer is less than the minimum 10-ft side yard setback requirement, the applicant is seeking a variance to reduce the side yard setback to three (3) feet. Development Services Director Rumer presented a brief overview of this variance request, which is located in the northwest comer of West Silver Star Road and North Cumberland Avenue and is adjacent to the CSX Transportation railroad right-of-way. He explained construction of the project is currently underway with the building foundations and walls in place. However, CSX Transportation asserts that it owns fifteen (15) feet of the property shown as part of the subject property on the project's boundary survey, which was included in the small-scale site plan set, and the applicant stated they were not made aware of this issue. Because of the financial risk of waiting to confirm the railroad ROW location, the applicant is conceding the ROW line as presented by CSX Transportation and proposes to remove the portion of the building in the alleged ROW and an additional three (3) feet buffer (resulting in a loss of 300 SF of office space) in order to allow at least a 3-ft separation of the building from said railroad ROW. Since the proposed 3-ft buffer is less than the minimum 10-ft side yard setback requirement, the applicant is seeking a variance to reduce the side yard setback to 3 feet. The public hearing was opened As no speaker forms were received, the public hearing was closed Commissioner Brinson inquired about the distance from the ROW line to the property line as well as the distance to the railroad tracks. Development Services Director Rumer addressed his question. Commissioner Firstner inquired if there is still unrestricted access on the west side of the property. Development Services Director Rumer answered in the affirmative. I 11111!I lriqn� I ir�� leyliq "ATI ITI ICW*i tort STLYM km WTHM F. I E.T.F. 11 KI 0711wo MESM. fl, ill M IM19 will MI! Commissioner Brinson; Motion carried unanimously. On September 21, 2021, the City of Ocoee and Wire Development, LLC, entered into an agreement to purchase two (2) parcels, approximately 16.19 acres (including Tract for public ROW) of land, within the Ocoee Crown Point PUD. Wire Development, LLC, is proposing to construct a mixed -use development consisting of 310 multi -family dwelling units and 20,000 square feet of commercial retail space within nine (9) buildings. The proposed mixture of buildings includes two (2) mixed -use buildings with residential and commercial space, 8 1 P a g e Regular City Commission Meeting July 19, 2022 one (1) live/work building, one (1) stand-alone retail building, and five (5) multi -family residential buildings. Two (2) of the five (5) residential buildings will be townhome-style multi -family residential buildings. Development Services Director Rumer provided a brief overview of the project which is located within the Ocoee Crown Point PUD on the west side of Ocoee Apopka Road, and on the north side of State Road 429 and consists of two (2) parcels that contains approximately 16 acres. The mixed - use development is proposing 310 multi -family dwelling units and 20,000 square feet of commercial retail space within nine (9) buildings. The mixture of buildings includes two (2) mixed -use buildings with residential and commercial space, one (1) live/work building, one (1) stand-alone retail building, and five (5) multi -family residential buildings. Two (2) of the five (5) residential buildings will be townhome-style multi -family residential buildings. The current approved use of the parcels (Tracts 6C, 6E, 6F, 61), & 33) is for 114,000 square feet mixed use commercial with associated multi -family units. The public hearing was opened. Holly Collins -Garcia, Wire Development; Tainpa, FL, stated they have been working on this project for some time with the intent to create a mixed -use community development within the Ocoee Crown Point PUD. She shared her excitement on this project and the benefits it will bring to the community; and further, described details of the project. Commissioner Brinson inquired if there is a conservation area near the project site and what the plans are for the trees within the development. Development Services Director Rumer addressed his questions. Ms. Collins -Garcia shared that with regard to the trees, they are going to do their best to save any trees that are valuable to the development. Commissioner Brinson inquired about the road expansion and the addition of the roundabout. Development Services Director Rumer addressed his question and explained the master transportation plan for the Ocoee Crown Point PUD tracts. Commissioner Wilsen shared that she has heard there were tortoise burrows within the project site, and inquired what the relocation plans would be if they found any. Ms. Collins -Garcia addressed her question. Commissioner Oliver inquired about the existing night club listed in the staff report. Development Services Director Rumer addressed his question. The public hearing was closed "K.M.W's iferg-TT-54 M" I &M, rMUM M-EMIMITIMiTIRMEMIM. 11111IMM. 11IM-211 !".11WRIMINIM m Commissioner Wilson; Motion carried unanimously. REGULAR AGENDA - None Regular City Commission Meeting July 19, 2022 COMMENTS FROM CITIZENS/PUBLIC - 7©A;'J The following persons addressed the City Commission: Vivian Lyte-Johnson, Ocoee Resident, shared she is thankful that they were able to fund the 2022 Ocoee Remembrance Event and encouraged the Commission to plan for the 2023 Event during the upcoming budget meetings. Jim Moyer, Ocoee Resident, shared an article from the Orlando Sentinel regarding the active Covid-19 cases, explained Fort Lauderdale's procedure for the invocation at their commission meetings, and expressed a desire to see the City highlight Hispanic Heritage Month with additional recognition, and offered his assistance. Scott Kennedy, Ocoee Resident, recalled a previous discussion about the Golf Course that took place years ago and expressed a desire to have the City create a citizen advisory board for the golf course. He outlined many concerns he has regarding the contract with the current management and encouraged the City to investigate a possible solution. Mayor Johnson agreed with his concerns. COMMENTS FROM COMMISSIONERS - 8.03 P I" Commissioner Oliver — Commented on the following: 1) Shared an update on the Clarke Road Extension project. 2) Shared, a video created by Orlando Streets which offered a construction update for the Ocoee Village Center project. 3) Explained how the Commission operates and shared that from time to time there will be struggles that can bring about heated discussions, but ensured the residents that moving the City forward is their common goal. 4) Shared a biblical and inspirational quote. Commissioner Firstner — Commented on the following: 1) Provided the 2022 Back -to -School Sales -Tax Holiday dates. 2) Announced the date, time, and location of the Ocoee Teen Citizen Police Academy. 3) Thanked City staff for New City Hall, and shared that he is looking forward to the Grand Opening. Commissioner Wilsen — Commented on the following: 1) Announced the Budget Workshop and Hearing dates. Encouraged citizens to be involved. 2) Shared that the Ocoee Lions Club has hosted the Ocoee Christmas Parade for many years and inquired about the Commission's thoughts on revamping the City's Holiday Event by possibly providing something new incorporating the downtown merchants. She shared many ideas and requested a consensus to forgo the parade and allow her to work with Support Services, and Parks and Recreation on a new event. Consensus of the Citv Commission was to allow Commissioner Wilsen to work with Support Services and Parks and Recreation on A Holiday Event. 3) Announced the Shred -to -Protect Event date, time, and location. 101 Page Regular City Commission Meeting July 19, 2022 Commissioner Brinson — Commented on the following: 1) Shared a recent incident that occurred near Ocoee Apopka Road and West Road and reminded citizens to pay attention to their surroundings. Expressed the importance of reporting anything suspicious, in an effort to keep the community safe. 2) Reminded Advisory Boards that during the Budget meetings is the time to request funding for any upcoming projects in the 22-23 fiscal year. 3) Inquired about new Christmas lights for City Hall. City Manager Frank addressed his request. Mayor Johnson inquired about Christmas lights along Bluford. City Manager Frank addressed his concerns. 4) Reminded residents about water safety, road safety, and the importance of the 9:00 PM routine. 5) Recognized and thanked HighPoint Church for their involvement with Blue Jay Way. 6) Reminded residents about the importance of voting and encouraged voters to learn about their candidates. Mayor Johnson — Commented on the following: 1) Announced City Hall closure to relocate into the New City Hall. 2) Announced the next City Commission meeting is scheduled for August 16"' and shared that it will be held in the new City Hall. 3) Announced the August 9th Planning and Zoning meeting was rescheduled to August 3 oth 4) Announced the Budget Workshop and Hearing dates. 5) Expressed the necessity of having funds allocated to repair neighborhood sidewalks. 6) Shared that the County tax rate recently increased, but reassured Ocoee residents that this Commission works hard to lower the City's tax rate every year. 7) Inquired about the crosswalk on Lakewood Avenue by the Montessori School. City Manager Frank offered to provide an update. 8) Inquired about the roundabout at Fullers Cross Road & Lakewood. 9) Spoke about the ongoing speeding concerns throughout the City. City Manager Frank addressed his concerns. 10) Addressed Mr. Kennedy's comments regarding the golf course. City Manager Frank explained some of the concerns and shared this can be revisited in the future. 11) Commented about ongoing yard waste concerns and ensured residents they are working hard to rectify the problem. City Manager Frank shared that a discussion on a possible solution will be presented during the Budget Workshops. NMENT — 834 I'M I U-22MIAM" Attest: City of Ocoee Melanie Sibbitt, City Clerk Rusty Jo*t, Mayor 111 Page