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Item #01 Approval of the Minutes for the Regular City Commission Meeting held January 17, 2017 MINUTES JANUARY 17,2017 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 7:16 p.m. in the Commission Chambers of City Hall. The invocation was led by Commissioner Keller followed by the Pledge of Allegiance to the Flag, led by Commissioner Firstner. City Clerk Sibbitt called roll and declared a quorum present. Present: Commissioner Grogan, Commissioner Wilsen, Mayor Johnson, Commissioner Firstner, Commissioner Keller B. PRESENTATIONS AND PROCLAMATIONS - 7:18 PM Assistant City Manager Shadrix briefly explained where the City stands with the downtown implementation project. As of today, conceptual projects have been converted to buildable projects, price proposals have been solicited for building Maine Street extension, Bluford Avenue reconstruction is in design, and advance surveying is being completed for the new city hall site and the property adjacent to the creek. He further explained some other items in place and shared that capital bonds are being prepared for general fund projects. Support Services Director Butler further summarized the list of projects and timeline, which has been added to the City's website with a tracking tool to allow citizens to view work completed, bond projects, capital project phases, procurement methods, and project schedule. Assistant City Manager Shadrix announced that they anticipate on planning a couple of large community meetings to inform the public of the projects as they get underway. C. COMMENTS FROM CITIZENS/PUBLIC - 8:32 PM The below discussion occurred out of agenda order and after Item #9. State Senator Bracy addressed the Commission to give an update on the zip code issue that was brought before the Congressional Session. He shared that it passed the House and went to the very last day of the Senate Session. He is working with Senator Rubio and Senator Nelson who will present the Senate Bill next week at a Senate Community Meeting. He shared that he believes this will get done. Mayor Johnson inquired if a letter could be sent to the City Manager summarizing this issue. City Manager Frank explained that an extension was given for use of service of Global until January 31st; furthermore, if they would like to continue with Senator Bracy's services, a motion will be needed. They can continue with his services for the remainder of the one year, which he believes ends in August; and when the options come back for renewal, they can bring something forward at that time. Motion: Move to continue the services with Global for the Federal Lobbyist Services until August 2017. Moved by Commissioner Keller, seconded by Commissioner Groqan; Motion carried unanimously. 11Page Regular City Commission January 17, 2017 A brief discussion ensued regarding a Homebuyer Seminar that Senator Bracy will be hosting on February 25th at the Ison Center. D. STAFF REPORTS AND AGENDA REVIEW- 7:31 PM City Manager Frank announced that before them is a memorandum for Emergency Repairs to Oxidation Ditch #2 Ocoee Wastewater Plant. The total costs for the repairs were $36,055, and a memo was provided to them outlining the specifics of this repair. It is required for him to report this to them, but no official action is needed. E. COMMISSIONERS ANNOUNCEMENTS - 7:32 PM Commissioner Grogan—None Commissioner Wilsen—None Commissioner Firstner—None Commissioner Keller—None Mayor Johnson — announced that he has three speaker forms for Item #8 - The Park at 429 Planned Unit Development (PUD) (FKA East Crown Point PUD) — Preliminary/Final Site Plan, Project No.: LS-2016-010. This item has been continued to February 7th so it will not be heard tonight. F. CONSENT AGENDA - 7:33 PM Consent Agenda Motion Motion: Move to adopt the Consent Agenda Items #1 -#7. Moved by Commissioner Keller, seconded by Commissioner Wilsen; Motion carried 5-0. 1. Approval of the Minutes for the Regular Commission Meeting held January 3, 2017. (City Clerk Sibbitt) Approved on Consent. Motion carried 5-0. 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 2IPage Regular City Commission January 17, 2017 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. Approved on Consent. Motion carried 5-0. 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. Approved on Consent. Motion carried 5-0. 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. Approved on Consent. Motion carried 5-0. 3IPage Regular City Commission January 17, 2017 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. Approved on Consent. Motion carried 5-0. 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. Approved on Consent. Motion carried 5-0. 41Page Regular City Commission January 17,2017 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. Approved on Consent. Motion carried 5-0. G. PUBLIC HEARING - 7:33 PM 8. The Park at 429 Planned Unit Development (PUD) (FICA 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) Public hearing was opened. Motion: To continue this item to the February 7, 2017, Regular City Commission Meeting. Moved by Commissioner Wilsen, seconded by Commissioner Grogan; Motion carried 5-0. Public hearing was closed. H. SECOND READING OF ORDINANCE—PUBLIC HEARING - 7:35 PM 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 5IPage Regular City Commission January 17, 2017 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) City Planner Rumer briefly summarized the proposed annexation, rezoning, and preliminary site plan for the Innovation Montessori School, which will consist of 800 students, Pre-K through 8th grade. The subject property is located on the west side of N. Lakewood Ave, south of Fullers Cross Road in unincorporated Orange County. 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 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. The proposed annexation is a logical extension of the city limits, urban services can be provided, and the annexation meets state and local regulations. Sherilyn Moore, 847 Ayden Oak Lane, Applicant and Governing Board President of Innovation Montessori Ocoee (formerly known as Montessori of Winter Garden Charter School), shared that they were so proud to march in this year's Martin Luther King, Jr. Parade in Ocoee. She briefly shared some photos from that event. She informed the Commission that this school started in 2011, and received an OCPS Charter for five years and just this past year was awarded another 15 more years. She explained the concept of the Montessori School. Elle Martinez, who is a student of Innovation Montessori Ocoee, shared why she loves her school and after she spoke a brief video was shared about the school. Ms. Moore briefly acknowledged the funding group, Building Hope, who is supporting their school and were in attendance. Javier Omana, CPH, Inc., Applicant, provided a PowerPoint presentation, which explained the existing land use, zoning, permitted use, initial entitlement process, which included the annexation. The large scale preliminary site plan was explained. He further explained the traffic analysis and the segments and intersections that were evaluated. He further explained the drop- off/pick-up queue and anticipated timeline. Anticipated opening of Phase 1 is August 2017. Concept Elevation exhibits were shown. Commissioner Keller inquired how the queue lines would work with the kindergarten students and if they would have to walk over to the main building to be picked up. It was explained that Pre-K students have to be signed out and will not be in the queue lines. Kindergarten students are combined with upper class students or with their siblings so they are dismissed together. City Attorney Cookson read the titles of the annexation and rezoning ordinances. Wage Regular City Commission January 17,2017 Public hearing was opened. The following spoke in favor of the proposed annexation and rezoning: • Jeremy Bellis, 321 Trancas Court • David Fishpool, 62 Highbrooke Blvd. • Lauren Kari, 856 Hammocks Drive Public hearing was closed. Commissioner Wilsen commented on how impressed she is with the school. She believes that education is the catalyst for economic development, and she is very impressed with what she has read and seen. Commissioner Grogan commented that it is remarkable what this school is doing, and he wishes there were more schools like this. Commissioner Firstner thanked the parents and staff that were present this evening for caring so much about their children and their education. Commissioner Keller echoed the sentiments of the other commissioners and shared that one of the things that typically bothers him about charter schools is that they are big corporations that come in and pocket off of your child; however, that is not what this school is about. Innovation Montessori truly represents what a charter school should be. Mayor Johnson commented that last year he met Sherilyn Moore during a charter school discussion. He shared that he appreciates charter schools and a great education, because he has several grandchildren who go to schools in the area. He shared that the placement of this school on the proposed site will help bring other developments to that area. a) Second Reading of Annexation Ordinance Motion: Move to approve Annexation Ordinance No. 2017-001 for Innovation Montessori Ocoee, Project No: AX-10-16-59 conditioned on the full execution of the Development Agreement by the Property Owner. Moved by Commissioner Grogan, seconded by Commissioner Wilsen; Motion carried unanimously. b) Second Reading of Rezoning Ordinance Motion: Move to approve Rezoning Ordinance No. 2017-002 for Innovation Montessori Ocoee, Project No: RZ-16-10-05 conditioned on the full execution of the Development Agreement by the Property Owner. 71page Regular City Commission January 17,2017 Moved by Commissioner Grogan, seconded by Commissioner Keller; Motion carried unanimously. c) Preliminary Site Plan Motion: Move to approve the Preliminary Site Plan (PSP) for Innovation Montessori Ocoee, Case No: LS-2016-009 conditioned on the full execution of the Development Agreement by the Property Owner. Moved by Commissioner Grogan, seconded by Commissioner Wilsen; Motion carried unanimously. d) Annexation and Development Agreement (Not a Public Hearing) Motion: Move to approve the Annexation and Development Agreement for Innovation Montessori Ocoee, Case No: LS-2016-009. Moved by Commissioner Wilsen, seconded by Commissioner Grogan; Motion carried unanimously. 10. Second Reading of Ordinance Establishing a Code Enforcement Special Magistrate. (Advertised in the West Orange Times r on Thursday, January 5, 2017) (City Attorney Cookson) 8:39 PM 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. City Attorney Cookson briefly explained this is the second reading of an ordinance establishing a Special Magistrate. This proposed ordinance will allow the City to retain the CEB and also establish a Special Magistrate for code enforcement violations relating to properties zoned other than residential. City Attorney Cookson read the title of the ordinance. 8IPage Regular City Commission January 17,2017 Public hearing was opened. As no wished to speak, the public hearing was closed. Motion: Move to approve Ordinance No. 2017-005 for Establishing a Code Enforcement Special Magistrate. Moved by Commissioner Grogan, seconded by Commissioner Keller; Motion carried unanimously. I. REGULAR AGENDA - None J. STAFF ACTION ITEMS - None K. COMMENTS FROM COMMISSIONERS - 8:41 PM Commissioner Keller — Shared that he received a call from a resident on what seems to be a lighter box truck that is being parked in a driveway. Code Enforcement was notified, but the resident was told by the officer that it was not considered a commercial vehicle. He is looking for clarification on the regulations. City Manager Frank said he can provide him an answer. Commissioner Firstner—None Commissioner Wilsen — Asked if the e-mail that was sent by the City Attorney regarding the Charter Review Board could be explained. City Attorney Cookson explained that during the last Charter Review in 2010, recommendation was presented to place charter amendments and revisions made by the Charter Review Commission straight onto the ballot without any prior approval or action by the City Commission. This type of process that allows charter amendments/revisions to go directly on the ballot is permitted under county charters, but it is not permitted under city charters. This change was enacted during the last Charter Review and essentially goes against Florida Statute. His recommendation to correct this is to have the current Charter Review Commission go through the process of identifying charter amendments and then bring those amendments to the Commission in a form of an ordinance, which they can adopt to be put on the ballot. Commissioner Wilsen shared that her concern is that if the Commission does not agree with the items in the ordinance, then the Charter Review Commission is put in the same situation as 10 years ago. City Attorney Cookson further clarified that what he is asking the City Commission to do is to approve the ordinance that the Charter Review Commission brings forward so that it is essentially the Charter Review Commission putting their items directly on the ballot with the added step of the approved ordinance. If the City Commission does have a disagreement on a charter amendment, his recommendation would be not to address it at the time the ordinance is being approved, but do that prior at a Charter Review Commission Workshop or Joint Meeting throughout their process. Further discussion ensued. Commissioner Grogan— 1) wished the Mayor a Happy Birthday! 2) shared that there is a lot of panhandling going on in the City of Ocoee due to the surrounding cities having passed an ordinance that restricts them from panhandling in those cities. He further inquired if Code 9IPage Regular City Commission January 17, 2017 Enforcement could review the ordinance passed by the City of Winter Garden since their ordinance seems to work for them. Consensus was to have staff look into this. Mayor Johnson — 1) Announced that the MetroPlan Orlando's Municipal Advisory Committee has sent him a letter requesting that the City of Ocoee reaffirm to continue participating on the Committee for 2017. This position has been historically appointed in March with the other commission liaisons; however, MetroPlan would like the appointments to be made on a calendar- year basis. Commission vote is needed to either retain Commissioner Keller to the board or appoint a new delegate from the Commission. Motion: Move to continue participating on the MetroPlan Orlando's Municipal Advisory Committee; and further, retain Commissioner Keller to remain on the MPO Board. Moved by Commissioner Wilsen, seconded by Commissioner Firstner; Motion carried 5-0. 2) Charter Review Commission Meeting meets every 3rd Wednesday of each month at 7:00pm in City Hall. The next scheduled meeting is tomorrow, January 18th. 3) Food Truck and Movie in the Park is this Friday, January 20th from 6:OOpm-9:OOpm. This month's movie is "Secret Life of Pets". Movie starts at 7:30pm. 4) Community Grant Program Applications deadline is Tuesday, January 31st. The City of Ocoee Community Grant Program is one way for the City to acknowledge the value and excellence of our local community non-profit organizations and the individuals who make these groups successful. The Community Grant Program provides financial grants of up to $500. 5) State of the City 2017 - Citizens are invited to attend the City of Ocoee's State of the City Report on Tuesday, February 7th at 6:00 p.m., in City Hall. ADJOURNMENT - 9:02 PM APPROVED: Attest: City of Ocoee Melanie Sibbitt, City Clerk Rusty Johnson, Mayor 10IPage