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01-17-2017 Agenda OCOEE CITY COMMISSION Ocoee Commission Chambers 150 North Lakeshore Drive Ocoee,Florida JANUARY 17,2017 7:15 P.M. AGENDA REGULAR CITY COMMISSION MEETING A. CALL TO ORDER Invocation Pledge of Allegiance Roll Call and Determination of Quorum B. PRESENTATIONS AND PROCLAMATIONS C. COMMENTS FROM CITIZENS/PUBLIC D. STAFF REPORTS AND AGENDA REVIEW E. COMMISSIONERS ANNOUNCEMENTS F. 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 Regular Commission Meeting held January 3, 2017. (City Clerk Sibbitt) 2. Approval of Development Agreement for Legacy Lifestyles Senior Housing of Ocoee. (City Planner Rumer) On December 12, 2013, the City Commission approved a Preliminary/Final Site Plan and Development Agreement. The Preliminary/Final Site Plan consisted of a three-story, 112,269 square feet, 120 bed Memory Care/Assisted Living Facility. Subsequent to the All Sports Memory Care approval,the project was placed on hold and the Development Agreement was not executed.The new property owner, Legacy Lifestyle Senior Living of Ocoee(Owner)has assumed the site plan as it was approved. The Owner had the plan re-engineered with the same footprint and elements of the All Sports Memory Care site plan approved by the City Commission. There are no new improvements to the site plan. The proposed Development Agreement stipulates the Owner will develop the project based on the approved site plan as well as other unique development requirements. The Development Agreement provides for the following: a) Payment to the Southwest Development Utility Project for water and sewer. The Owner agrees to pay a percentage share of the cost for the project; b) Owner agrees to cover percentage share cost of the remaining portion of work that is required to be done. Both a&b equals$211,500.00; c) The Owner is required to construct the remaining portion of the Southwest Utility Project; d) The City agrees to credit any cost over and above the Owners percentage share. The site plan for Legacy Lifestyle Senior Housing of Ocoee is ready to be approved by staff.After the Development Agreement is signed and executed, the Owner will begin the site development and building construction. Regular City Commission January 17,2017 3. Approval of Second Amendment to Development and Economic Incentive Agreement for City Center West Orange Phase 1. (City Planner Rumer) On September 6, 2016, the City Commission approved and executed a Development and Economic Incentive Agreement for City Center West Orange Phase 1, by and between CCWO Development Management, LLC, WSCC Development, LLC, MB II, the City of Ocoee, and the Ocoee CRA, for the development of City Center West Orange. Subsequent to the execution of the Original Agreement which was on October 3, 2016, on October 13, 2016, CBPW acquired the property fee simple from WSCC Development, LLC by a Special Warranty Deed. By its acquisition of the above referenced parcels, CBPW must undertake all obligations inuring to WSCC Development, LLC and CCWO Development Management, LLC under the Original Agreement and by this Amendment. Additionally, a First Amendment to Development and Economic Incentive Agreement was approved and executed at the December 6, 2016, City Commission meeting which amended Section 4 of the agreement to include a provision allowing the economic incentives to be used by the City Center West Orange project on all properties associated with the City Center West Orange development within the Target Area 2. The developer and staff have recognized that certain milestones within the original and first amended agreement need additional time under the terms and therefore, a Second Amendment to the Development and Economic Incentive Agreement is required. The Second Amendment to Development and Economic Incentive Agreement provides for the expiration dates for ground breaking to be extended from January 1, 2017, to March 1, 2017, and the site development completion date from August 31,2017,to December 30,2017. 4. Approval of FEMA SAFER Grant Application to Hire 12 New Firefighters. (Fire Chief Miller) The Ocoee Fire Department is seeking creative funding opportunities which would help offset the cost of the 12 new firefighters needed in order to add an engine company to Fire Station 38 in the NW area of the city. The FEMA SAFER (Staffing for adequate fire and emergency response) grant provides financial assistance to organizations who wish to hire new firefighters in an effort to expand and improve services. The SAFER grant will cover salaries and benefits of 12 new firefighters for three years as described below: Year 1 -SAFER grant covers 75%of new firefighter salaries&benefits Year 2-SAFER grant covers 75%of new firefighter salaries&benefits Year 3 -SAFER grant covers 35%of new firefighter salaries&benefits There will be no financial impact on the FY 16/17 budget. 5. Approval of 2016/2017 Budget Vehicle Purchase — Police Department Outright Purchase. (Public Works Director Krug) The approved Police Department budget includes a new Park Ranger vehicle specified as a new pick- up truck at $25,800.00. The former Park Ranger vehicle was previously declared surplus due to engine failure with the cost of repair higher than the value of the over 15-year-old truck. Public Works and PD have evaluated the enforcement vehicles in the City fleet and have determined existing Traffic Control unit#376, an unmarked 2006 Chevy Silverado Crew Cab with 159,000 miles, is well suited for duty as the Park Ranger vehicle. This vehicle has been recommended for replacement as a pursuit vehicle by the Fleet Division due to the high mileage and age; however, a recent engine rebuild has extended the life of this truck for non-pursuit duties. The Public Works and PD are requesting the funding for a new Park Ranger vehicle be allocated towards the replacement for Traffic Control unit #376, a new Police Rated Dodge Charger with ghost graphics. The cost for the replacement pursuit vehicle is $28,953.50 with the additional $3,153.50 available in the PD account line for salaries due to currently vacant positions. The additional $400.00 cost for the ghost graphics package provided through a separate vendor will be funded from the Fleet parts account line. The City traditionally purchases vehicles and equipment through bids from the Florida Sheriffs Association's annual contract. Public Works has researched pricing throughout the State and has found the Florida Sheriffs Association continues to provide the lowest competitively bid pricing for vehicles. Public Works recommends approval to purchase a replacement Traffic Control unit from the Florida Sheriffs Association annual contract based on the 2016/2017 published pricing. 2IPage Regular City Commission January 17,2017 6. Approval of Awarding RFP #17-002 Continuing Contract for Small Construction Services Under$200,000. (Purchasing Agent Tolbert) In compliance with Chapter 21 of the City's Code of Ordinances, the City solicited proposals from qualified and licensed Contractors that have experience in providing general building (vertical construction) and site work and underground utilities (horizontal construction) for projects costing under$200,000 on a task order basis, as needed. Task orders will be issued by the City to the selected contractor(s)for projects using a scope of work and purchase order for each project. Each Task Order award will be made based upon price, ability to meet the project schedule, and past performance with the City. Multiple awards may be made for a single project when no one Contractor offers all services that may be required. Each contract shall be for the initial period of three (3) years with two (2) automatic one-year extensions. The City shall have the option of extending the term an additional one (1)year. The RFP was advertised on November 13, 2016, and was publicly opened on December 13, 2016. There were seven (7) responses submitted. Four (4) firms applied for selection under each category of work, with one firm submitting on both categories. The seven (7) responses were evaluated by the RFP Evaluation Committee appointed by the City Manager,which was comprised of three(3)members. The public RFP Evaluation Committee meeting was held on January 4,2017,with the Evaluation Committee evaluating and short-listing the firms on specific evaluation criteria. The evaluation committee short-listed the following firms in ranked order, and recommends contracting with three (3) firms for the General Building Construction and four (4) firms for the Site Work and Underground Utilities Construction. Staff recommends that the City Commission award continuing contracts for RFP#17-002 Small Construction Services under$200,000 to D&A Construction Group, Inc., Ruby Builders, Inc., and BASE Construction, Inc. for General Building Construction; and to Barracuda Building Corp., RMS Constructors Group LLC, Schuller Contractors, Inc., and Central Florida Environmental Corp. for Site Work and Underground Utilities Construction; and authorize Staff to issue task orders with the selected firms for construction projects with an estimated value less than$200,000. 7. Approval of Proposed Lease of City-owned Property at 17 South Kissimmee Avenue to a Brazilian Soccer Training Company for a Term of One Year and a Lease Rate of $650 per Month Plus Sales Tax ($692.25). (Support Services Director Butler) The City acquired the property located at 15 South Kissimmee Avenue (PIN = 18-22-28-0000-00- 046) as part of a larger purchase that also included the adjacent parcel located to the west(214 West McKey Street). This acquisition was a strategic purchase for future use; it is presently vacant. Significant repairs will be needed to make the building usable. The construction of a roundabout at the adjacent intersection of McKey Street, Kissimmee Avenue, and Taylor Street, which is expected to start in 12-15 months, may impact the building due to the required realignment of Kissimmee Avenue to the west. A Brazilian soccer training company has approached the city about renting the southern building and parking lot located on the southern half of the parcel; this building has been assigned the address of 17 South Kissimmee Avenue in order to facilitate its separate identification from the northern building. A proposed 12-month lease at a monthly rent of$650 plus $42.25 sales tax(total of$692.25)has been drafted by the City Attorney. G. PUBLIC HEARING 8. The Park at 429 Planned Unit Development (PUD) (FKA East Crown Point PUD) — Preliminary/Final Site Plan, Project No.: LS-2016-010. (Advertised in the West Orange Times on Thursday, January 5, 2017. Public Hearing to be continued to the February 7,2017, City Commission Meeting) (City Planner Rumer) 3IPage Regular City Commission January 17, 2017 H. SECOND READING OF ORDINANCE—PUBLIC HEARING 9. Second Reading of Ordinance for Innovation Montessori Ocoee - Annexation and Initial Rezoning to A-1 "Agriculture," Project No(s): AX-10-16-59/RZ-16- 10-05; Preliminary Site Plan (PSP), Case No: LS-2016-009. (Advertised in the West Orange Times on Thursday, January 5, 2017 and Thursday, January 12, 2017) (City Planner Rumer) The subject property is located on the west side of N Lakewood Ave, 575 feet south of Fullers Cross Road and 1,555 feet north of Wurst Road. The subject parcel for the Innovation Montessori School is located on 17.6 acres. The parcel is heavily wooded and contains five (5) acres of wetlands. The site plan proposes to develop and mitigate a small section of isolated wetlands to facilitate the retention pond. The site does contain some of the Wekiva Study Area environmental indicators such as "A" soils on a portion of the site. Adherence to the Wekiva Study Area requirements is required. The Applicant is requesting annexation of the subject site for connection to potable water and sewer. In addition,the Applicant has requested a City of Ocoee zoning designation of A-1 (Agriculture), which is consistent with the zoning of the properties to the north,east and west. If approved,the school will consist of 800 students with four (4) buildings in two (2) phases. The Phase 1 building will be an 8,400 sq. ft. Pre-k and kindergarten with parking, master stormwater pond, and vehicular access. Phase 2 will consist of a one story multi-function building, one story art building, two-story, 1st—8th grade building for a combined total 52,000± sq. ft. Additionally, an outdoor classroom and environmental playground will be provided. Stormwater retention will be located on the west side of the property. Access to the site will be provided via two entrances on N. Lakewood Avenue. A left- turn lane and right deceleration lane will be installed in Phase 2. a) Second Reading of Annexation Ordinance b) Second Reading of Rezoning Ordinance c) Preliminary Site Plan d)Annexation and Development Agreement (Not a public hearing) 10. Second Reading of Ordinance Establishing a Code Enforcement Special Magistrate. (Advertised in the West Orange Times on Thursday, January 5, 2017) (City Attorney Cookson) On October 25, 2016, the City of Ocoee Code Enforcement Board (CEB) considered an action brought by Code Enforcement on property located at 1 Taylor Street. Following a CEB ruling finding a violation but allowing an unprecedented 22 months for the property owner to come into compliance with the City Code, City staff began exploring options and alternatives to ensure more consistent and reasonable code enforcement adjudication in the future. A previous memorandum to the City Commission was circulated by the City Attorney on November 1, 2016, summarizing the matter and offering some options that the City might consider with regard to future code enforcement adjudication. Following a brief discussion at the November 1, 2016, City Commission meeting, the Commission requested additional information on the City's options to support and encourage more meaningful enforcement of the City's codes while maintaining the CEB. On December 6, 2016, the City Commission discussed options relating to abolishing the CEB and/or establishing a Special Magistrate for code enforcement matters. At the end of the discussion, the Commission voted to retain the CEB to hear primarily residential violations and, in addition, to establish a Special Magistrate to primarily hear matters relating to violations on properties zoned other than residential. This proposed ordinance will allow the City to retain the CEB and also establish a Special Magistrate for code enforcement matters. The proposed ordinance provides that the jurisdiction of the CEB and Special Magistrate is nonexclusive; however, gives primary jurisdiction regarding violations relating to residentially zoned properties to the CEB and primary jurisdiction regarding violations relating to properties zoned other than residential to the Special Magistrate. I. REGULAR AGENDA J. STAFF ACTION ITEMS 4IPage Regular City Commission January 17, 2017 K. COMMENTS FROM COMMISSIONERS ADJOURNMENT 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. 5IPage