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02-16-2016 Minutes MINUTES February 16,2016 at 7:15 P.M. REGULAR CITY COMMISSION MEETING A. CALL TO ORDER 7:16 PM Mayor Johnson called the regular session to order at 7:15 p.m. in the Commission Chambers of City Hall. The invocation was led by Church Leader David Lawson of Renew Church, followed by the Pledge of Allegiance to the Flag, led by Commissioner Grogan. City Clerk Eikenberry called roll and declared a quorum present. Roll Call: Commissioner Grogan, Commissioner Wilsen, Mayor Johnson, Commissioner de la Portilla, Commissioner Keller. B. PRESENTATIONS AND PROCLAMATIONS 7:18 PM Presentation of Check to the Ocoee Lions Club as the Beneficiary of the Proceeds from the Chick-fil-A 5K Run and Kids Fun Run During the 2015 Founders' Day Celebration, Assistant Director of Parks and Recreation Mark Johnson introduced the Chick-fil-A representatives. Beth Otts with Chick-fil-A announced the next Chick-fil-A 5K Run will be on November 5, 2016. She further thanked several organizations and City staff for their support in their event. A check in the amount of$1032.00 was presented to the Ocoee Lion's Club. C. COMMENTS FROM CITIZENS/PUBLIC 7:22 PM Michelle Greco, 1896 Compass Flower Way, inquired why the City incurred the cost for the extra police services requested by Red Apple Development for an event they were hosting at the Ocoee Lakeshore Center when they were willing to pay for those services. The City Manager advised he had the discussion with the Police Chief and made the decision to waive the extra police services since the event was being held in a City facility for City residents. Commissioner Grogan gave further clarification on the e-mail that was referenced by Ms. Greco. D. STAFF REPORTS AND AGENDA REVIEW-None E. COMMISSIONERS ANNOUNCEMENTS 7:32 PM Commissioner Keller- Thanked the Fire Department for assisting his wife last week when she sustained an injury. Commissioner de la Portilla-No announcements. Commissioner Wilsen- 1) Announced Thursday, February 25th they will announce the Black History Month Essay contest winners at the Ocoee Lakeshore Center. 2) Announced the Spring Fling Event is March 12th from 10 a.m. -3:00 p.m. at the Bill Breeze Park. Savings Young Heart will also be doing heart screenings at that event. It is required to pre-register for a screening and information can be found on the City's website. Additionally, they are still accepting applications for vendors for the Spring Fling Event. Commissioner Grogan — Announced this Friday is Food Truck Friday and Movie in the Park. Please come out and enjoy this event. Regular City Commission February 16, 2016 Mayor Johnson-No announcements. F. CONSENT AGENDA 7:34 PM Consent Agenda Motion Motion: Move to adopt the Consent Agenda Items #1-#4 with Item # 5 being pulled for discussion and separate consideration. Moved by Commissioner Wilsen, seconded by Commissioner Keller; Motion carried unanimously. 1. Approval of Minutes for the Regular Commission Meeting held February 2, 2016. (City Clerk Eikenberry) Approved on Consent. Motion carried 5-0 2. Appointment to the Human Relations Diversity Board (3-year term). (City Clerk Eikenberry) Members of the Human Relations Diversity Board serve three-year terms. Currently the Human Relations Diversity Board has ten(10)members, and their resolution allows no less than seven(7)members and no more than thirteen(13)members. An application has been received by Braundon Vines,who has shown an interest in being appointed to the Human Relations Diversity Board for a term ending May 2019. Approved on Consent. Motion carried 5-0 3. Approval of Employee's Workers' Compensation Settlement. (Human Resources Director Williford) As discussed in this evening Executive Session, an employee in the Police Department has a worker's compensation claim against the City. The City had mediation on January 29,2016,and a resolution was met. Approved on Consent. Motion carried 5-0 4. Approval to Accept an EMS Grant Provided by the Office of the Orange County Medical Director. (Fire Chief Miller) Currently, the Ocoee Fire Department has a half-body airway and CPR manikin, an IV simulation arm, and a cardiac rhythm generator. The acquisition of the SMART STAT simulation generator will allow the training department the opportunity to expand training to a whole new level. Advanced training in real-life scenarios will be available. Over the last several years the number of EMS calls that the Ocoee Fire Department has responded to have been increasing. With the continued growth of the city the increase in EMS calls is expected to continue. The use of this advance training equipment will help the department become better prepared to meet these needs. Approved on Consent. Motion carried 5-0 21Page Regular City Commission February 16,2016 5. Approval to Award RFP #16-001 Federal Lobbyist Services. (Purchasing Agent Tolbert) 7:35 PM In compliance with Chapter 21 of the City's Code of Ordinances, the City solicited proposals from qualified persons, firms,corporations,or agencies to provide federal lobbyist services to the City. This term contract will be for an initial three(3)years, with two (2), one(1)year automatic renewal options, unless terminated by the City upon the issuance of written notice by the City to the Contractor provided not later than thirty (30) days prior to any anniversary date. Each term is renewable with the condition that the City's obligation to pay under this Agreement for each year is contingent upon the City in its good faith judgment having sufficient funds to make an annual appropriation for the work to be provided under this agreement. The selected firm will represent the City's interest in discussions with members of the U.S. Congress, Congressional staff, federal: agencies,and other parties participating in the governance process at the national and regional levels. The RFP was advertised on December 20, 2015, and was publicly opened on January 19, 2016. There were four (4) proposals submitted that were evaluated by the RFP Evaluation Committee appointed by the City Manager,which were comprised of three(3)staff members. Staff recommends that the City Commission award the term contract for RFP #16-001 Federal Lobbyist Services to Capitol Counsel, LLC, in the amount of $30,000 annually. Commissioner Grogan asked if they could request a presentation from the lobbyist in the future, so they can pick who they would like. With plans on improving the downtown he feels they should have a better understanding on how the lobbyist can assist with this His recommendation would be to have the top three firms do a presentation before them. Commissioner Keller said he did not have a problem with postponing this item. He shared that they have used one of the companies before and he was happy with that company and felt they were knowledgeable. Brief discussion ensued. Commissioner de la Portilla inquired from the City Manager why the City needs to hire a Federal Lobbyist. City Manager Frank explained it puts forward certain grant and funding request at the federal level. The City did this a few years ago and the firm they hired helped move several issues forward. They currently have some multi-million dollar projects that they are asking for state funding such as the public safety training facility and western sewer main. Commissioner de la Portilla further inquired what monies the previous lobbyist brought to the City. City Manager Frank said due to the recession they ended up with no money that year. Commissioner de la Portilla asked Purchasing Agent Tolbert if she had interviewed the responders for this contract. Purchasing Agent Tolbert advised that the evaluation committee reviews the responses only; there is no face time with the responders. Commissioner Wilsen said she is not in favor of the two highest responders since there is a chance they may not benefit again. Further discussion followed. City Attorney Cookson suggested that if price is an issue they can contact the four firms and advise that the City Commission is interested in interviewing those firms that are willing to provide the services for $30,000. Commissioner de la Portilla inquired how much they pay the State lobbyist. It was answered that they pay less than$60,000 for the State lobbyist. 3IPage Regular City Commission February 16,2016 Motion: Move to Award RFP #16-001 Federal Lobbyist Services per staff's recommendation. Moved by Commissioner Wilsen; Motion died for lack of second. Motion: Move to ask the top three firms to come back before the City Commission to do a presentation before they vote to Award RFP #16-001 Federal Lobbyist Services. Moved by Commissioner Grogan, seconded by Commissioner Keller; Motion carried 4-1 with Commissioner Wilsen opposing. G. FIRST READING OF ORDINANCE 6. First Reading of Ordinance for Daniel/Ray Property — 11700 West Colonial Drive. (Second Reading and Public Hearing scheduled for March 1, 2016, Regular Commission Meeting at 7:15 p.m. or soon thereafter). (Principal Planner Fabre) 7:49 PM The subject property is located on the south side of SR 50, approximately 860 feet east of the 429 Western Beltway. The site is +1-6.95 acres, currently vacant and undeveloped. The location is within the City's CRA district. The site is also located adjacent to the West 50 Commercial Subdivision. West 50 Commercial Subdivision will facilitate for the extension of services into the subject site including an existing public roadway (Westrrnn Road)for access. The applicant is requesting annexation of the subject site for the future extension of commercial development in that area. The subject property is considered contiguous to the City of Ocoee since it is bordered by property located within the City limits on the northern, eastern and western adjacent boundaries. The Applicant has requested a City of Ocoee zoning designation of C-3 (General Commercial), which is consistent with the zoning of the properties to the north, east and west. The C-3 zoning designation is consistent with the adopted Future Land Use designation of Commercial, as shown on the City of Ocoee & Orange County Joint Planning Area Future Land Use Map. The proposed annexation is a logical extension of the City limits,urban services can be provided, and the annexation meets state and local regulations. The land use and initial zoning are also consistent and compatible with surrounding properties. a) First Reading of Annexation Ordinance b) First Reading of Rezoning Ordinance City Attorney Cookson read the titles of the ordinances for Daniel/Ray Property— 11700 West Colonial Drive. The Mayor announced the second readings and Public Hearings will be held on March 1, 2016, at 7:15 pm, or soon thereafter. 7. First Reading of Ordinance for Arbours at Crown Point PUD (Planned Unit Development) - Substantial Amendment to the Approved PUD Land Use Plan. (Second Reading and Public Hearing scheduled for March 1, 2016, Regular Commission Meeting at 7:15 p.m. or soon thereafter). (City Planner Rumer) 7:51 PM The subject property is located on the north side of West Road and west of SR 429. It is approximately 28.1 acres in size, and Parcel A is currently under site development for 240 multi-family dwelling units (Arbours Apartments).The subject property is located adjacent to the West Orange Trail on the east with a 73 foot power line easement located along the eastern property line. Pedestrian access to the West Orange Trail is being provided on the northern property line with a vehicular crossing located on the eastern property line. The proposed CSUSA Charter School is located on Parcel B of the Arbours at Crown Point PUD. Within the PUD, Parcel B was reserved for 97,000 sq. ft. of commercial use. The subject site is vacant and contains 10.6 acres. The current zoning designation on the property is PUD. The existing land use designation for the property is "Light Industrial." 4IPage Regular City Commission February 16,2016 The proposed CSUSA Charter School consists of a two story 68,000 sq. ft. K-8`h grade charter school. The campus will consist of a single school building with associated recreational field and tot lot.The recreation field will not be lighted. Stormwater retention will be located on the property. Access to the site will be provided via one(1)entrance located on West Road. The access will be a right-in/right-out. A secondary emergency access will be provided on Fountain West Boulevard. A traffic stacking analysis was provided. The total traffic generated under the amended development plan is 3,433 trips and does not exceed the maximum trips allowed in the PUD (5,161). The proposed K-8 school use does not fail any concurrency standards. The traffic study indicates a need to establish a dedicated U-turn lane at the intersection of West Road and Ocoee Apopka Road. City Attorney Cookson read the title of the ordinance for Arbours at Crown Point PUD (Planned Unit Development) - Substantial Amendment to the Approved PUD Land Use Plan. The second reading and Public Hearing will be held on March 1, 2016, at 7:15 pm, or soon thereafter. Commissioner Wilsen commented that she was dismayed by the Charter School commercial that has been playing on T.V. when she has been telling her residents that this has not been approved yet. Many residents have expressed that they feel this is a done deal and this really bothers her and she would like her residents to know that she has not been approached by anyone from the Charter School. She further encouraged the residents to come to the public hearing and let the Commission know what they want. Commissioner Keller said he believes the commercial has been playing on T.V. since January 26th. Commissioner Grogan shared that of the 1,300 mailings to all those in District 1 they had less than 1% show up to the Town Hall meeting he hosted regarding the Charter School. They want the residents to be heard. Mayor Johnson shared that he has not seen the commercial and further commented that no one up at the dais has approved a Charter School. The Commission has not decided on whether this will be approved or not. The Planning and Zoning Board heard this issue and several motions were made; in the end they decided not to make a recommendation to the Commission. Mayor Johnson announced the second reading and Public Hearing will be held on March 1, 2016, for the Commission's consideration. H. FIRST READING OF ORDINANCE—PUBLIC HEARING 8. First Reading of Ordinance for a Moratorium on Development Orders, Development Permits, and Building Permits in State Road 429 Study Area. (Advertised in the Orlando Sentinel on Thursday, February 4, 2016, and West Orange Times on Thursday, February 18, 2016, for the Second Reading and Public Hearing scheduled for March 1, 2016, Regular Commission Meeting at 7:15 p.m. or soon thereafter). (Assistant City Manager Shadrix) 8:UI PM The City has determined a need to create a global vision for the development and redevelopment of properties located within the City limits at or around State Road 429 (Western Beltway). City staff is in the process of evaluating this area, called the State Road 429 Study Area or Study Area, and in the future will present to the City Commission a proposed ordinance or ordinances to amend the City's Comprehensive Plan and land development code affecting the permitted uses, conditional uses, prohibited uses, supplemental standards, design standards, and other development regulations governing properties within the Study Area. During this period of evaluation, City staff recommends a moratorium be established on the acceptance, processing, and consideration of applications for development orders, development permits, and building permits concerning properties located within the Study Area. The moratorium will expire on July 31, 2016, unless terminated earlier or extended by action of the City Commission. _ _ 5 IPage Regular City Commission February 16,2016 Assistant City Manager Shadrix with City Planner Rumer gave a brief summary of the State Road 429 Study Plan that was presented jointly with the City of Winter Garden in January, and funded with state dollars, to create a vision plan and guidelines that support the vision plan for the 429 corridor including three interchanges: 1) SR 50, 2) Plant/Franklin Interchange 3) West Road, as well as including both Downtown Winter Garden and Downtown Ocoee. The Plans have been discussed and we are proceeding forward with a Downtown Master Plan. Throughout this entire effort we have been working with Winter Garden to fulfill the recommendations of the Tri-City Economic Development Study. We recognize that the expert who did the study said that we should be focusing in on high end employment, high wage jobs, target industries that support all of the other efforts that we have underway. Additionally, at the January meeting he suggested to the Commission to adopt the State Road 429 Plan and consider directing staff to prepare a moratorium. The City of Winter Garden unanimously passed the first reading. Tonight they are before the Commission for the first of two public hearings on a proposed moratorium for the specific study areas which were shown on a map; this moratorium will terminate in July. They are asking for feedback since the Commission has the ability to amend what is before them. City Attorney Cookson advised that the intent of the moratorium is to slow down or stop submission of building plans. It is not intended to stop plans that are already in review status. There is some language in the ordinance that is not clear so at the next meeting there will be a minor change to the ordinance to clarify that the moratorium does not affect projects that are currently in review by the City. Commissioner de la Portilla inquired if the Crown Point PUD/Charter School that is coming before them at March 1st meeting included in this plan. Assistant City Manager Shadrix answered in the affirmative. Commissioner Grogan clarified that the Charter School has officially put in their application for review with the City. City Planner Rumer advised at the beginning of February that they have submitted their preliminary/final site plan and building permits. City Planner Rumer further explained a number of projects that will not be affected by the moratorium that are in progress such as Arbors at Crown Point (CSUSA) Charter School, Buchman Large Scale Amendment, Westyn Bay Commercial, Crown Point Cove. Assistant City Manager Shadrix explained we will be creating a code section into the Land Development Code while the moratorium is in place that will deal with the corridor design standards. It will ensure the view sheds are maintained as well as compatibility of adjacent properties with regard vault, height massing, landscaping and a full suite of design standards to encompass all of the land uses contained in the study area. It will be a unified Code that we will propose for adoption with the city of Winter Garden. City Attorney Cookson advised this is a first reading and public hearing. This type of ordinance requires two public hearings per Florida Statute. There will be a second reading and Public Hearing held on March 1, 2016. The public hearing was opened. As no one wished to speak the public hearing was closed. City Attorney Cookson read the title of the ordinance for a Moratorium on Development Orders, Development Permits, and Building Permits in State Road 429 Study Area. 6IPage Regular City Commission February 16,2016 Commissioner de la Portilla inquired when Winter Garden's moratorium is expiring. Assistant City Manager Shadrix said at that time that they reviewed their last draft it was the same date, July 31, 2016. Assistant City Manager Shadrix explained the unified code they are seeking to have with the City of Winter Garden. He said it is an exciting piece of legislation that will propose bonuses for target industries such as density bonuses and site-related and process-related bonuses. We want to bring in the target industries recommended by the Angelou Economic Study. It will also streamline the development process similar to the overlay we did for the CRA. We want to create a good place for the businesses to locate. Commissioner de la Portilla inquired if the moratorium had been in place 6 months ago and still in place today would the code have allowed for the Charter School. Assistant City Manager Shadrix explained that is an interesting legal question and they will have to be careful on what uses are not appropriate in taking away the underline zoning rights because this is a zoning overlay. Taking away certain uses is something the City Commission would have to decide and staff can then decide how they would want to handle that.The intent overall, is to take a look at the vision and make sure the compatibility and design are there so as the industrial site develops you don't see 250 loading bays from the roadway; rather a nicely landscaped view shed with a fountain and stormwater pond integrated in as a natural feature and the loading is more toward the internal part of the site. From any visual roadway it should look more like an office building than a warehouse. The City can prohibit uses but they have to be careful when talking about schools because that is an activity center that is geared toward employment and promoting growth. It would be hard to make a case against a school being an ancillary use to growth. The moratorium before them is part of a much bigger picture to preserve the integrity of the undeveloped lands that we currently have to get better standards in place that can be administered equally with Winter Garden in a streamlined fashion.The Charter School should be considered separate from this. Commissioner de la Portilla inquired about the four current applications on file. City Planner Rumer explained the statue references building permit which includes development permits. He explained the four projects currently in review: 1) Large Scale Comprehensive Land Amendment,2) PUD Rezoning and Preliminary Site Plan. These two have their final site plan but under the building permit definition they would not be able to submit single family homes until this moratorium is over It is not intended to stop projects that are in that process. Commissioner de la Portilla asked about the comp plan on the southern-most piece. Mr. Rumer said it is a large scale comp plan amendment to go from low density residential to commercial and medium density. I. REGULAR AGENDA - none J. STAFF ACTION ITEMS- none K. COMMENTS FROM COMMISSIONERS 8:17 PM Commissioner Grogan — 1) announced Food Truck Friday, February 19, 2016, as well as Movie in the Park. He advised it is a great evening and encouraged residents to come out and enjoy it. 2) asked citizens to please forward any questions/concerns regarding the Charter School to the commissioners via phone or email. He noted anything sent directly to him will be shared with the rest of the Commission. Commissioner Keller clarified that they do not respond to any forwarded emails,it is just for the purpose of sharing information. 7IPage_ Regular City Commission February 16,2016 Commissioner Wilsen — 1) talked about Spring Fling and Saving Young Hearts at Bill Breeze Park on March 12, 2016. She asked Savings Young Heart Founder Martha Lopez-Anderson to explain the heart screenings. Ms. Lopez Anderson stated they will do free heart screenings from 9am-3pm during the Spring Fling. The will be screening children 5-18 years old to determine if they may have an undetected heart condition. Detection of this condition can be corrected with medication or a surgical procedure and prevent sudden the cardiac death of the child. Commissioner Grogan clarified that her events have found several children with such a heart defect. Ms. Lopez-Anderson thanked the city, the fire department and the doctors for assisting to make these screenings a free service to the community. Commissioner de la Portilla — thanked Chief Brown for giving him a tour of the Police Dept. and allowing him to do a ride along with Police Officer ZZ. He further shared that he noticed demolition trucks on the Colony Plaza property and it seems that the small building on that property will be demolished very soon. 2)said he attended the Planning and Zoning meeting and said he feels they should have a meeting on the civility code, parliamentary procedure, etc. since that meeting did get out of hand. 3)wished Commissioner Grogan a Happy Birthday Commissioner Keller — asked staff to bring the URL for Renaissance at Westyn Bay Charter School website (westynbaycharter.org). He noted that the website showed the Charter School is going to open August 2016. Just as with the television advertisements he feels that it is presumptuous of them to move forward with these things even though the commission hasn't made a decision. Mayor Johnson — 1) inquired when the deadline is for the road on Orlando Ave. and Bluford Ave. Public Works Director Krug said by contract it is mid-July, but they are trying to move as fast as possible. As we go forward they will try to just do partial road closures rather than detours. 2) inquired about the work on Maguire Road. Public Works Director said they are progressing on the right turn lane is; he will get with Engineer Wheeler to find out the timeline. 3) said over by Wal-Mart by the Oak Forest Apartment they need to do a survey or put up flashing red lights to let people know that pedestrians are crossing. He also stated that the apartments will work with the City if they will put a cut through at the back of the apartments onto Blackwood Ave. City Manager Frank said we will look into the issues. 4) Announced March 1St the civility code will be used as well as the speaker timer. ADJOURNMENT—8:35 PM APPROVED: Attest: City of Ocoee • ikenberry, Ci Clerk ! Rusty Johns it " ayor 8IPage