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09-19-17 Agenda OCOEE CITY COMMISSION Ocoee Commission Chambers 150 North Lakeshore Drive Ocoee,Florida REVISED September 19,2017 AGENDA 6:15 P.M. REGULAR CITY COMMISSION MEETING A. CALL TO ORDER Invocation Pledge of Allegiance Roll Call and Determination of Quorum B. PRESENTATIONS AND PROCLAMATIONS Presentations by the Ocoee Police Department > Police Chiefs Award of Valor being presented by Chief Brown to Ocoee Police Officer Brian Harris and Windermere Police Officer Robbie Harrison. > Officer of the Second Quarter to Officer Edwardo Hernandez by Deputy Chief McCosker and the CACOPD Board Members. Proclamation presented by Commissioner Grogan to the Chaplain Unit for the Blue Jay Way Project. 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 Budget Workshop held August 10, 2017, Regular City Commission Meeting held August 15, 2017, and Special Session Meeting held September 6,2017. (City Clerk Sibbitt) 2. Approval of New Appointments to the Code Enforcement Board. (City Clerk Sibbitt) The Code Enforcement Board was created by Ordinance No. 741 on June 16, 1981. The purpose of this Board is to review infractions of the City technical Codes negotiate compliance and impose fines for failure to comply. The Code Enforcement Board is to have seven(7)regular members and two (2) alternate members, all with a three-year term. Currently, the Board has four (4) regular members and no alternate members. Applications have been received by both Warren Lewis and Dennis Murray who have shown an interest in being appointed to the Code Enforcement Board as a regular member for a term ending June 2020. At this time,there are no other applications on file for this Board. 3. Approval of New Appointment to the Human Relations Diversity Board. (City Clerk Sibbitt) Members of the Human Relations Diversity Board serve three-year terms. Currently the Human Relations Diversity Board has twelve (12) members, and their resolution allows no less than seven (7) members and no more than thirteen (13) members. An application has been received by Steve Osbourn,who has shown an interest in being appointed to the Human Relations Diversity Board for a term ending May 2020. Regular City Commission September 19,2017 4. Approval of One-Year Contract with Federal Lobbying Services with Alcalde & Faye. (Assistant City Manager Shadrix) The City's most recent solicitation for federal lobbying services resulted in the firm Alcalde& Fay being ranked number one; although, the City Commission chose to hire Global Business Development. In August, the City Commission terminated its contract with Global Business Development for federally lobbying services at the August 15,2017 meeting. Alcalde&Fay is the next entity in line under the solicitation to receive work for the remaining one-year term. The attached letter and agreement for federal lobbying services with Alcalde & Fay provides that the City will pay $5000/month for federal lobbying services (plus reimbursables), and either party has the ability to terminate the contract with thirty(30)days written notice without cause. 5. Approval of Eagle Creek of Ocoee School Concurrency Mitigation Agreement between Chevron Land and Development Company, Orange County Public Schools and City of Ocoee (OCE-16-003). (City Planner Rumer) As per Section 16.6 (f) of the Amended Interlocal Agreement for Public School Facility Planning Implementation of Concurrency ("ILA"), the City shall enter into a mitigation agreement with the School Board and the Applicant of the proposed development when the students generated fails to meet the adopted level of service. The applicant submitted a School Concurrency Determination Application and Development Analysis to the Orange County School Board in connection with a proposal to obtain approval for a Preliminary and Final Subdivision Plan in order to develop 173 residential units and 80 multi-family residential units on the Eagle Creek of Ocoee property. The analysis determined that based on the current adopted Level of Service standards for the School Concurrency Service Areas within the Property and including the anticipated new School Capacity available within the District Facilities Work Program,there is insufficient available School Capacity at the middle school level. The Concurrency Analysis calculated that all 21.86 students generated will need to be mitigated. The parties agreed to a Proportionate Share Mitigation payment of $455,627.98 to cover the cost of 58 student stations. This payment along with three scheduled impact fee payments of$644,381.00 will keep the capacity reserved for Eagle Creek. 6. Approval of the Community Grant Program July 2017 Cycle. (Community Relations Manager Wright) The Community Grant Review Board (CGRB) met on August 16, 2017, to discuss the 12 applications received for the Community Grant Program (formerly the Community Merit Awards Program). The Community Grant Program provides financial grants of up to $500 to non-profit organizations and civic groups located within the city limits or outside the city limits,but providing benefits to residents of Ocoee. The grant cycle is open twice yearly (January and July) to acknowledge excellence and further the contributions these local organizations bring to the Ocoee community. There is $6,500 allotted for this cycle of the Community Grant Program. The Community Grant Review Board recommends funding 11 organizations in the total amount of $5,500. From the 12 applications received, one organization was denied, the Garden Community Choir. The choir requested grant funds to pay for advertising materials for their Unity Concert, which does not fit the grant criteria. 7. Approval to Purchase New Thermal Imaging Camera for the Fire Department's New Engine and a Stretcher for the Training Division Using Savings from other Capital Items. (Fire Chief Miller) The FY 2016/2017 budget savings from purchases of radios, lifepak 15, and hoses for the engines provided us with a total savings of$19,325.29. The Fire Department would like to purchase a new thermal imaging camera from Municipal Equipment Company in the total of $7,700.00. The Department would also like to purchase a stretcher from Stryker in the amount of$10,952.27. The attached quotes total$1 8,652.27. 2 ' Page Regular City Commission September 19,2017 8. Code Enforcement Special Magistrate Agreement Extension. (Assistant Support Services Director Gaines) At the February 7,2017 meeting,the City Commission designated a Special Magistrate to hear code enforcement cases. The Special Magistrate is Mr. Andrew Hand with Shepard, Smith & Cassady, P.A. At this time Mr. Hand agreed to amend his existing agreement with the City so that he could serve as the City's Special Magistrate for code enforcement matters at the rate of$180.00 per hour until September 30, 2017. This date is rapidly approaching, so we would like to extend this timeframe. Staff respectfully requests the Honorable Mayor and City Commissioners to extend the agreement date until October 1,2019.Mr. Hand's contract for the Red Light Hearing Officer is good until this date. 9. Approval of Payment for the 2017 Founders' Day Festival Entertainment. (Parks and Recreation Director Hayes) The entertainment for the 2017 Founders' Day Festival will include the headline act of Dwight Yoakam on Saturday, November 4th. The cost of the headline entertainer totals $80,000, which requires the approval from the City Commission, in accordance to the City of Ocoee Purchasing Rules and Regulations. Additional entertainers have also been retained, and include: Tony Jackson, Colt Ford,Chris Janson, Shenandoah,Love and Theft,and Craig Campbell,which the costs for each of these individual entertainers falls under the dollar threshold for the City Manager to approve. Final payments for the entertainment will be made the day of each respective entertainer's performance or as otherwise agreed. 10. Approval of RFQ #1702 Construction Manager At Risk for Bluford Avenue Phase II, Sub-Phase B, Guaranteed Maximum Price. (Public Works Director Krug) The Commission awarded the Construction Manager At Risk (CMR) contract for the Bluford Avenue Phase II project from Delaware Street to Silver Star Road at the April 4, 2017, meeting to Oelrich Construction, Inc., (OCI), then the Pre-Construction and Design Services phase at the May 2, 2017, meeting, followed by the Guaranteed Maximum Price (GMP) for Sub-Phase A on June 6, 2017. The next step in the project is to award the GMP for Sub-Phase B. Sub-Phase B encompasses the storm drainage,road construction and streetscape portion of the project. OCI will subcontract out the work in accordance with the CMR contract under the review of Public Works and Utilities. All savings realized through this expedited process will be to the benefit of the City and deducted from the contract at completion.Public Works and Utilities,with the design Engineers concurrence, have reviewed the proposal and recommend approval of the GMP with Oelrich Construction,Inc.,for the Bluford Avenue Phase II project,Sub-Phase B,for$7,350,258.00. 11. Approval of the City Hall Emergency HVAC Repair with Apple Air. (Public Works Director Krug) The second floor air conditioning system at City Hall experienced a major failure in June of this year requiring emergency repairs to the system. The City utilized our continuing service HVAC maintenance contractor, Apple Air Conditioning & Heating, Inc., (Apple) to restore the system by replacing the compressor. The total cost to furnish and install the compressor was$5,300.00,and an emergency purchase order #1424801 was issued for the work to restore acceptable working conditions in City Hall. The City Purchasing Code requires the Commission be made aware of emergency expenditures on capital items and improvements over$5,000. The pricing by Apple for this work was verified by Public Works to be in line with industry standards and was adequately funded in the Facilities Division budget. 12. Approval of Term Contract with Petroleum Traders Corporation for Motor Fuels for Transport Load Deliveries. (Public Works Director Krug) The City is a member of the Central Florida Purchasing Cooperative where Orange County is the lead agency in solicitations that can benefit multiple municipalities. The City previously approved utilizing this purchasing power for petroleum products on September 16, 2014, for bulk transport loads delivered to the Public Works complex and tank wagon loads delivered to remote sites throughout the City.The contract for providing the bulk transport load deliveries has been rebid and renewed through the same vendor. This change in contracts requires Commission approval per the Wage Regular City Commission September 19,2017 Purchasing Codes within the fiscal year which the new contract is utilized. Public Works is requesting Commission approval to utilize the new contract with Petroleum Traders Corp. for as long as the contract remains valid. G. FIRST READING OF ORDINANCE 13. First Reading of Ordinance Adopting Amendments to the City Charter to be Placed on the 2018 Municipal Election Ballot. (Second Reading and Public Hearing Date scheduled for October 3, 2017, Regular City Commission Meeting at 6:15 p.m. or soon thereafter) (City Clerk Sibbitt) Section C-59 of the City of Ocoee Charter requires that a Charter Review Commission be appointed every ten(10)years for the purpose of providing a comprehensive review of the City Charter and to suggest any changes thereto. The Charter Review Commission was appointed by the City Commission and held several meetings between October 2016 and July 2017, including an advertised Public Hearing on July 19, 2017. Comments and concerns relating to the Charter were solicited from members of the City Commission and from City staff. On August 15, 2017, the Charter Review Commission presented a report to the City Commission summarizing amendments, which were grouped as substantive changes to the Charter and clean up changes to the Charter.After further discussion, the City Commission approved the recommended amendments with two (2) minor changes relating to the commencement dates for four-year terms and a related revision to the commencement date for term limits. 14. First Reading of Ordinance Adopting the New Boundaries for the Commission Districts of the City of Ocoee. (Second Reading and Public Hearing Date scheduled for October 3, 2017, Regular City Commission Meeting at 6:15 p.m. or soon thereafter) (City Clerk Sibbitt) The Districting Commission was appointed by the City Commission and held several meetings between February — August 2017, including an advertised Public Hearing on June 5, 2017. The Districting Commission presented a report to the City Commission on July 18, 2017, advising of its preferred plan. After further discussion at the City Commission on July 18, 2017, the commission consensus was to have the Districting Commission reevaluate the preferred plan proposed boundary and consider all homes within Bay Street be incorporated within the same district. The Districting Commission met on August 7, 2017, and by unanimous vote moved to adopt Board Plan 4. On August 15, 2017, the Commission approved the recommended Board Plan 4, and directed staff to bring back an ordinance adopting the new boundaries set forth in this plan. H. PUBLIC HEARING 15. Arden Park North Phase 3A & Amenity Center Preliminary/Final Subdivision Plan (PSP/FSP); Case Number: LS-2017-002. (Advertised in the West Orange Times on Thursday,September 7, 2017.) (City Planner Rumer) The Arden Park Planned Unit Development(PUD)was originally approved by the City Commission on November 21, 2006, and Amended on February 19, 2013. Arden Park North consists of the northern phases (2-6) of the PUD. Arden Park North is identified as Parcel ID Number 04-22-28- 0000-00-001 (9421 Clarcona-Ocoee Road) located on the north side of Clarcona-Ocoee Road and situated between Hobson Road and Ingram Road. Arden Park North is approximately 308 acres of which 54.44 acres are identified as wetlands/Lake Sims. The Arden Park North Phase 3A PSP/FSP is a residential subdivision that proposes a total of 27 single-family residential lots. The minimum residential lot standards are (10) 55 feet by 120 feet and (17) 75 feet by 120 feet. The Arden Park North Phase 3A PSP/FSP proposes to construct the main amenity for the northern phases of the development. The amenity is a pool and clubhouse room. Potable water and sewer services will be provided by Orange County.The City of Ocoee will provide solid waste services,reuse water,police and fire protection. Finally, the Applicant has requested no Waivers from the Land Development Code for this project phase. 4IPage Regular City Commission September 19,2017 16. Arden Park North Phase 3B Preliminary/Final Subdivision Plan (PSP/FSP); Case Number: LS-2017-007. (Advertised in the West Orange Times on Thursday, September 7, 2017.) (City Planner Rumer) The Arden Park Planned Unit Development(PUD)was originally approved by the City Commission on November 21, 2006, and Amended on February 19, 2013. Arden Park North consists of the northern phases (2-6) of the PUD. Arden Park North is identified as parcel ID number 04-22-28- 0000-00-001 (9421 Clarcona-Ocoee Road) located on the north side of Clarcona-Ocoee Road and situated between Hobson Road and Ingram Road. Arden Park North is approximately 308 acres of which 54.44 acres are identified as wetlands/Lake Sims. Arden Park North Phase 3B includes 89 single-family lots for the Northern subdivisions. The minimum residential lot standards are (45) 55 feet by 120 feet and(17)65 feet by 120, and(27)75 feet by 120 feet. The subject site is consistent with the Comprehensive Plan, the Land Development Code (LDC), and the requirements of the Arden Park PUD. Arden Park North Phase 3 has been split into two separate plans; Phase 3A and 3B, which was done due to drainage permitting for the amenity center. Potable water and sewer services will be provided by Orange County. The City of Ocoee will provide solid waste services, reuse water, police and fire protection. Finally, the Applicant has requested no Waivers from the Land Development Code for this project phase. I. FIRST READING OF ORDINANCE-PUBLIC HEARING 17. First Reading of Ordinance Amending Section 38-6 of Article II of Chapter 38 of the City of Ocoee Code of Ordinances Relating to Hours of On-Premise Sale of Alcoholic Beverages. (Advertised in the Orlando Sentinel on Friday, September 8, 2017. Second Reading and Public Hearing Date scheduled for October 3, 2017.) (City Planner Rumer) The City's Code of Ordinances for on-premise sale and consumption of alcoholic beverages provides for no alcoholic beverages being sold, consumed, or permitted to be served between the hours of 2:00 a.m.and 11:00 a.m.every day of the week.The Cities of Orlando,Winter Garden,and Windermere have amended their respective codes to allow for the sale and consumption of alcohol on premises to begin at 7:00 a.m. and to conclude at 2:00 a.m. every day in order not to be placed in an economic disadvantage in Orange County. City Staff, with the backing of the West Orange Chamber of Commerce is proposing to amend the code to fall in line with these cities to keep Ocoee on an even playing field with respect to economic development. The proposed amendment will change the hours of on-premise sale and consumption of alcohol from 11:00 a.m. to 7:00 a.m. The cutoff tie of 2:00 a.m.will remain in effect. J. SECOND READING OF ORDINANCE—PUBLIC HEARING 18. Second Reading of Ordinance for Ocoee Reserve AKA Silver Star Road Planned Unit Development (PUD)—Annexation and PUD Rezoning, Land Use Plan (LUP), Preliminary and Final Subdivision Plan; Project No(s): AX-01- 16-57, RZ-16-01-01 & LS-2016-011. (First Reading of Ordinance was on February 7, 2017. Advertised in the West Orange Times on Thursday, August 24, 2017, and Thursday, August 31, 2017.) (City Planner Rumer) The subject property is located on the south side of Silver Star Road, approximately 1,200 feet east of Johio Shores Road and 900 feet west of Good Homes Road. The subject site is approximately 10.91 acres in size and is currently undeveloped with planted pine trees.The parcel ID number is 15- 22-28-4716-00-142 with a physical street address of 8600 Silver Star Road. The Future Land Use designation for the subject site is "Low Density Residential" which allows up to four (4) dwelling units per acre.The requested rezoning would be from Orange County"Agriculture"(A-1)to City of Ocoee "Planned Unit Development" (PUD) with a corresponding "Land Use Plan" (LUP). 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 Applicant has requested a City of Ocoee zoning designation of"PUD"(Planned Unit Development), which is consistent with the zoning of adjacent 5IPage Regular City Commission September 19,2017 properties.The PUD designation is consistent with the adopted Future Land Use designation of Low Density Residential, as shown on the City of Ocoee & Orange County Joint Planning Area Future Land Use Map. The Ocoee Reserve AKA Silver Star Rd PUD is a planned residential subdivision that proposes a total of 43 single-family residential lots with a requested density of 3.12 units per acre. The residential street (50' wide) is planned to be designated as public right-of-way. The residential lots will be approximately 42.5 feet by 115 feet. The PUD has a minimum living area set at 1,500 square feet. The development is proposed to be developed in one (1) phase. The subject subdivision will have one (1)access point on Silver Star Road. This main entrance will be aligned with the existing Coventry at Ocoee subdivision entrance across Silver Star Road. The Plan also shows a six-foot high wall with landscaping to be installed along Silver Star Road. Landscaping, columns and aluminum railings are proposed along the open space portions of the site. Finally, potable water, sewer, solid waste, reuse water (when available), police and fire protection will be provided by the City of Ocoee. Based on the recommendation of the DRC and the Planning & Zoning Commission, Staff recommends the City Commission approve the Annexation, PUD Rezoning,Land Use Plan and Preliminary/Final Subdivision Plan for the Ocoee Reserve AKA Silver Star Road PUD. a) Second Reading of Annexation Ordinance b) Second Reading of Rezoning Ordinance c) Land Use Plan and Preliminary/Final Subdivision Plan K. REGULAR AGENDA-None L. STAFF ACTION ITEMS M. 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. Wage