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11-07-17 Minutes MINUTES NOVEMBER 7,2017 at 6:15 P.M. REGULAR CITY COMMISSION MEETING A. CALL TO ORDER- 6:15 PM Mayor Johnson called the regular session to order at 6:15 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 Grogan. 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 - 6:16 PM Proclamation — Week of the Family — November 4th — 11th, read by Mayor Johnson and accepted by Ocoee Resident, Victoria Laney. Ms. Laney announced some of the Week of the Family free events being hosted. She further shared for more information on events in the community related to Week of the Family, visit their website at www.weekofthefamily.org. Presentations ➢ Certificate of Achievement for Excellence in Financial Reporting. Acting Finance Director Brosonski announced they recently received notification from the Government Finance Officers Association (GFOA) that the City of Ocoee has received the Certificate of Achievement for Excellence in Financial Reporting. This is the City's 28th consecutive year achieving this recognition. The Certificate of Achievement is the highest form of recognition in the area of governmental accounting and financial reporting; and further, its attainment represents a significant accomplishment by the government and its management. Acting Finance Director Brosonski further introduced the Finance Department staff instrumental in helping receive this recognition. ➢ Silver Star Road/Downtown Corridor Study — Nick Lepp with MetroPlan Orlando. Before introducing Mr. Nick Lepp with MetroPlan Orlando, City Planner Rumer briefly explained the Downtown Master Plan and Silver Star Road Corridor Study as Silver Star Road is one of the main roadway thoroughfares on the Downtown Master Plan. Nick Lepp with MetroPlan Orlando provided a PowerPoint presentation which highlighted the Silver Star Road Corridor Study and included project objectives, relevant studies/plans, streets/concept plans, and brief overview of scope. City Planner Rumer concluded by explaining that the project is on a list to be funded; and once the project receives a higher ranking and are funded, it would then go into a two year Project Development and Environment Study. This corridor study will provide the opportunity to look at key issues of the road project such as which side of Ocoee Apopka Road the connection is made and to determine if the road stays at two lanes or is widened to four lanes. This will be brought back before the City Commission in the near future. C. COMMENTS FROM CITIZENS/PUBLIC -6:29 PM Dr. Kathleen Crown, HRDB Chairperson, shared the wording that the board has worked diligently with the Equal Justice Initiative (EJI) to propose for a lynching marker to be placed in Ocoee. Commissioner Wilsen inquired if they are seeking for the City Commission to review the wording. Dr. Kathleen Crown shared that they are looking for approval so they could move 1iPage Regular City Commission November 7,2017 forward with EJI on the creation of the markers. Commissioner Wilsen inquired if she has approached the City Manager to review as well. Dr. Kathleen Crown shared that Support Service Director Butler has been instrumental in the research phase with the board. Mayor Johnson shared his concerns with the numbers they have quoted on African-American deaths in Ocoee during the riot; and further, would like to see the records they researched that provided that information. Ray Boudreaux, 1308 Olympia Park Circle, shared that he is a 97 year-old veteran and has served in WWII, Korean War, and Vietnam War. He is receiving 100% disability from the Agent Orange and has been relieved of all taxes including ad-valorem taxes from Orange County. He is before the City Commission this evening as he would like to be relieved from the non-ad valorem assessments for the City of Ocoee for Stormwater and Fire. City Manager Frank explained that he did speak with Mr. Boudreaux who is relieved from real estate taxes but is still paying non-ad valorem assessments adopted by the City Commission. If the City Commission would like to provide exemptions for any particular class of residents, then they would want to look at the assessments and how they could factor that in each year. The City Commission was in agreeance to have City staff look into this issue to bring forth at a later date for discussion. Mr. Boudreaux concluded by thanking the Mayor for the tribute he made at Founders' Day to all veterans. D. STAFF REPORTS AND AGENDA REVIEW-None E. COMMISSIONERS ANNOUNCEMENTS - 6:41 PM Commissioner Keller— Announced the Florida Central Railroad will be closing Clarke Road at A.D. Mims Road on Tuesday, November 14th to replace the railroad crossing. The road will be closed for one week with a detour of Hackney Prairie Road. A map showing the detour will be posted on the City's website and questions can be directed to the Public Works Department. Commissioner Firstner— 1) Announced the Ocoee Christmas Parade will be held on December 2nd at 10:00 am. Rain Date is scheduled for December 3rd. 2) Announced the Most Valuable Partner Grant (MVP) is accepting applications and the deadline for submittals is November 30th Financial grants of up to $2,000 are made to qualified organizations. Commissioner Wilsen—None Commissioner Grogan — Thanked the Parks and Recreation Department for the installation of the new park equipment at Peach Lake Park. Installation of new park equipment is also scheduled for Vignetti Park. Mayor Johnson — 1) Announced the public is invited to attend the City of Ocoee's Veterans Day Ceremony on Friday, November 10, 2017, at 11:00 a.m., Bill Breeze Park. The Veterans Day Ceremony will include Ocoee resident Norb Weller as its keynote speaker, music and flag presentations. Refreshments will be served after the ceremony. 2) Announced in observance of Thanksgiving Day, City Hall will be closed on Thursday, November 23rd and Friday,November 24th. No trash collection is scheduled for those days. 3) Announced the public is invited to attend both the Ocoee Annual Christmas Parade & Tree Lighting Event on Saturday, December 2nd. Wage Regular City Commission November 7,2017 The parade will begin at 10:00am and the tree lighting event will be in front of the Historic Withers-Maguire House from 5pm to 8:30pm. F. CONSENT AGENDA- 6:45 PM Consent Agenda Motion Motion: Move to adopt the Consent Agenda Items #1 -#14. Moved by Commissioner Keller, seconded by Commissioner Grogan; Motion carried 5-0. 1. Approval of the Minutes for the Regular Commission Meeting held February 21, 2017. (City Clerk Sibbitt) Approved on Consent. Motion carried 5-0. 2. Approval of Reappointments to the Citizen Advisory Council for Ocoee Fire Department. (City Clerk Sibbitt) The terms of Members Robert Carbone, Warren Channell, Charles Lawrie, Jackie Titus and Johnny Hodge expire November 2017. Member Robert Carbone has not attended a meeting since August 2015, and staff has made several attempts trying to contact him. Due to his unresponsiveness, staff is declining his reappointment. Members Channell, Lawrie, Titus and Hodge have expressed an interest in being considered for reappointment. The CACOFD Board meets quarterly, and the following reflects the 2017 attendance of the board members: Warren Channell attended 3 of 3 meetings; Charles Lawrie attended 3 of 3 meetings; Jackie Titus attended 3 of 3 meetings and Johnny Hodge attended 0 of 3 meetings. There are no applications currently on file. Approved on Consent. Motion carried 5-0. 3. Approval of Cancellation of November 21, 2017, Regular City Commission Meeting. (City Clerk Sibbitt) On August 2,2016,the Commission approved the holiday schedule for 2017 in accordance with Section 8.01 of the Personnel Rules and Regulations. Included in the approved dates for closure of City Hall were Thanksgiving Day, Thursday, November 23rd as well as Friday, November 24th. The Regular City Commission Meeting is scheduled to meet this holiday week on Tuesday,November 21, 2017; and further, if the Board deems necessary,City staff does not have any conflicts with canceling this meeting. Second Reading of Ordinances and Public Hearings will be presented at the December 5, 2017, Regular City Commission Meeting. Approved on Consent. Motion carried 5-0. Wage Regular City Commission November 7,2017 4. Approval of a Two-Year Warranty Surety and Maintenance, Materials, and Workmanship Agreement with Letter of Credit with Arbour Valley Development, LLC,for the Arbours at Crown Point Apartments. (Development Engineer Womack) The Arbours at Crown Point Apartments is an apartment complex located on the north side of West Road and west of SR 429. The overall parcel is 28.1 acres in size, of which 17.64 is for 240 multi-family units with associated recreation amenities, stormwater management areas, and public road access. The developer has completed construction of the infrastructure improvements for the Arbours at Crown Point Apartments and has requested a Certificate of Completion for this phase. All identified punch list repairs have been completed and the developer is ready to start the two-year warranty period for the public infrastructure improvements. As a requirement of the Land Development Code,the developer is required to furnish the City a Surety to cover any possible damages discovered during the next two years,should the developer not choose to make those repairs. Arbour Valley Development, LLC, has provided the City with a Letter of Credit in the amount of 10% of the constructed improvements. Approved on Consent. Motion carried 5-0. 5. Approval of a Two-Year Warranty Surety and Maintenance, Materials, and Workmanship Agreement with Letter of Credit with Picerne Construction Corporation for The Maine Street Extension. (Development Engineer Womack) The Maine Street Extension is a project identified in the recently adopted Downtown Master Plan. The Maine Street Extension provides for the extension of Maine Street from Bluford Avenue to Maguire Road. The project was identified in the approved list of Downtown projects and was also identified as a road capacity project in the five-year Capital Improvement Plan. The City has completed the design of the Maine Street Extension project. After the Downtown Master Plan was adopted,the City contracted with Brindley Pieters& Associates, Inc. to design and engineer the extension project. In order to benefit from road work currently under construction with the Oasis at Lake Bennet apartment project, the City coordinated with the developer, Picerne Development Corporation, to construct the Maine Street Extension. The Piceme Development Corporation has completed construction of the infrastructure improvements for the Maine Street Extension and has requested a Certificate of Completion for this phase. All identified punchlist items have been completed and inspected by City Staff, and the developer is ready to start the two-year warranty period for the Maine Street Extension. As a requirement of the Land Development Code, the developer is required to furnish the City a Surety to cover any possible damages discovered during the next two years, should the developer not choose to make those repairs. Picerne Development Corporation has provided the City with a Letter of Credit in the amount of 10%of the constructed improvements. Approved on Consent. Motion carried 5-0. 6. Approval of Awarding RFP#17-005 Auditing Services. (Purchasing Agent Tolbert) The City's current auditing contract has expired. In compliance with Florida Statutes, Section 218.391 (Auditor Selection Procedures), and the City of Ocoee Purchasing Code, proposals were solicited from Certified Public Accounting Firms with Governmental Accounting experience to submit a response to the City of Ocoee Request for Proposals (RFP)to provide Independent Financial Auditing Services for the fiscal years ended September 30, 2017, 2018, and 2019 with an automatic renewal option for an additional two (2)years, plus a one year(1)year optional renewal at the City's discretion. The RFP was advertised on August 27,2017 and was publicly opened on September 19, 2017. There were five (5) responses submitted. The Finance Department reviewed the qualification statements and all were considered responsive. The five (5)responses were evaluated by the RFP Evaluation Committee appointed by the City Manager. Staff recommends that the City Commission award RFP #17-005 Auditing Services to McDirmit Davis & Company in the amount of $32,480 for the annual audit,and$7,680 annually for the Certified Annual Financial Report(CAFR). Approved on Consent. Motion carried 5-0. 4IPage Regular City Commission November 7,2017 7. Approval of Awarding RFQ #1707 Continuing Contract for Transportation Planning Consulting Services. (Purchasing Agent Tolbert) The City's continuing contracts for transportation planning consulting services have expired. In compliance with policies and procedures of the City of Ocoee Purchasing Code Chapter 21,the City solicited statements of qualifications from qualified transportation planning consulting firms or individuals that are interested in providing these services. The firms selected by the City will provide general transportation planning consulting services for various planning, design and development review projects to the City on an as needed basis,based upon task orders to be issued by the City under the continuing contracts. The City intends to award continuing contracts to the firms deemed to be the most highly qualified to perform the required services. The continuing contracts shall automatically be renewed annually, unless terminated by the City in writing, for a total of five (5) years from the date of execution, plus a one (1) year optional renewal at the City's discretion. The RFQ was advertised on September 3, 2017, and was publicly opened on September 26, 2017. There were two (2) responses submitted. The Finance Department and Development Services/Planning Department reviewed the qualification statements and both were considered responsive. The public RFQ Evaluation Committee meeting was held on October 10, 2017, with the Evaluation Committee evaluating and short-listing the firms on specific evaluation criteria. Staff recommends that the City Commission award RFQ #1707 Continuing Contract for Transportation Planning Consulting Services to Kimley-Horn and Associates, Inc., and S&ME, Inc. Approved on Consent. Motion carried 5-0. 8. Approval of BJA FY 16 Edward Byrne Memorial Justice Assistance Grant (JAG) Program -Local Solicitation Application #2017-H3256-FL-DJ. (Police Chief Brown) This year $10,544.00 has been made available for the City of Ocoee Police Department through the Edward Byrne Memorial Justice Assistance Grant(JAG). Once the grant application is approved by USDOJ,it must be signed by the Mayor. If approved,the City of Ocoee will receive $10,544.00 to purchase Pursuit Intervention Devices, commonly known as "Stop Sticks,"for the patrol vehicles. The purchase of these devices will allow the department to equip patrol vehicles in the event of a pursuit occurring within the city and provide the opportunity to stop the pursuit quickly for the safety of the community and officers. Approved on Consent. Motion carried 5-0. 9. Approval of the Fifth Amendment to Agreement with American Traffic Solutions, LLC (ATS) Pertaining to Red Light Running Camera Enforcement System. (Police Chief Brown) The City of Ocoee desires to ensure the safety of the citizens that travel the roadways within the city limits. The disregard of traffic control signals within intersections poses a threat to all citizens who travel our roadways. The current contract with American Traffic Solutions (ATS) expires on December 2, 2017. However, the City of Ocoee and the Contractor desire to extend the term of the agreement for an additional five(5)years, with the option of the City, in its sole discretion,to further extend the term of the agreement for an additional two (2), one-year extensions. Accordingly, following execution of this Fifth Amendment to Agreement, the term of the agreement shall expire and terminate on December 2, 2022, subject to further extension as provided in the agreement,unless earlier terminated as provided herein. Approved on Consent. Motion carried 5-0. 5IPage Regular City Commission November 7,2017 10. Approval of Renewal of Encryption Memorandum of Understanding (MOU) for Orange County Government 2017. (Police Chief Brown) Orange County's and local municipalities' public safety agencies share a common radio system. Certain communications and information shared on this radio system contains confidential and emergency information not subject to public disclosure. It is necessary to ensure the confidentiality and security of radio transmissions made by public safety agencies. The MOU for the Orange County Intergovernmental Radio System Encryption Key establishes the policy ensuring the confidentiality and security of the radio system. It is respectfully recommended that the Honorable Mayor and Board of City Commissioners authorize the signing of the Orange County Intergovernmental Radio System Encryption Key MOU 2017. Approved on Consent. Motion carried 5-0. 11. Approval of an Interim Contract for Motor Fuels — 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 approved utilizing this purchasing power for petroleum products on September 19, 2017, for bulk transport loads delivered to the Public Works complex and tank wagon loads delivered to remote sites throughout the City. The previous contract for providing the bulk transport load deliveries had expired on July 21, 2017, and the new recorded contract was not available from the County until late August for approval by the City. To cover this interim period between contract expiration and Commission approval of the new contract, which was renewed through the same vendor, the City issued two purchase orders up to the City Manager's purchasing authority. Due to the delay in the availability of the recorded contract for approval by the City Commission,the interim total fuel costs exceeded the issued purchase orders. Purchase Order #1424863 for diesel fuel requires a $4,991.57 increase and Purchase Order#1424864 for unleaded fuel requires a $22,004.79 increase to close out the 2016-2017 fiscal year. The required increases are adequately covered in the budget. Public Works recommends approval of the increase to the purchase orders with Petroleum Traders to cover the interim period between the expiration of the original cooperative contract and Commission approval of the new contract. Approved on Consent. Motion carried 5-0. 12. Approval of Change Order No. 1 - Lake Olympia Reclaim Distribution Project Bid #16-03. (Utilities Director Smith) The Mayor and City Commission previously approved the Lake Olympia Neighborhoods Reclaimed Water Retrofit Project on August 16, 2016, for the amount of$576,429.50. All items as bid by DBE Utilities were not utilized to complete the project. Existing Utilities did not have any conflict with the new reclaim lines between the sidewalks and curbs; as a result, cost savings were attained in the items bid to remove/replace concrete driveways and sidewalks. The total budgeted for the Lake Olympia Neighborhood Reclaim Project Bid#16-03 was $576,429.50. The project has a final completion date of June 30, 2017 and a Net Decrease of $90,578.35 in cost savings to the City resulting in overall contract price adjustment to$485,851.15. Approved on Consent. Motion carried 5-0. 6jPage 1 Regular City Commission November 7,2017 13. Approval of the City Joining into the Utilities Material/Meter Purchasing "Strategic Partnership Agreement — Agreement between the City of Punta Gorda and Core and Main." (Utilities Director Smith) The City of Punta Gorda, Florida, working with other communities including the City of Ocoee, formed a cooperative relationship for bidding and awarding contracts for services and goods. One of the contracts, Agreement R2016105MAT-UTILITY1718, provides for procurement of utility supplies and materials including but not limited to fittings, valves, piping, hydrants and meters. On August 23, 2017, the City of Punta Gorda awarded a utility agreement to HD Supply for five (5) years with the ability to renew the agreement for up to, but not to exceed an additional three (3) years. Sub-sequential to the awarding of the agreement HD Supply was purchased and underwent a name change to Core and Main. Amendment 1 to Agreement#R20161005/Mat—Utility/1718 was approved by Punta Gorda September 7,2017, addressing the name change. A significant benefit of this agreement is that Core and Main are the representatives and suppliers of the Sensus meters used by the City. Staff recommends the City continue its 10 year partnership, but will continue to seek the best price on supply and material. Approved on Consent. Motion carried 5-0. 14. Approval of Changes in Funding to the Downtown and West Sanitary Sewer Transmission Project. (Utilities Director Smith) The forcemain project, West Sanitary Sewer Project, was initiated with the preferred routing utilizing Bluford Road from Silver Star Road to Columbus St. The forcemain project would result in significant disruption and inconvenience to the area; and would be followed by the Bluford Rd (Downtown) Street Scape Project. To improve efficiencies, reducing cost and disruption, the two projects were combined. The combined projects also include the installation of gravity sewer lines in the downtown area, which will be funded using bond proceeds. In November 2016, the City issued the Water and Sewer System Revenue and Refunding Revenue Bonds (Series 2016) for the project funding. As the Bluford Street Scape Project further evolved, the replacement of existing potable water lines and the addition of reclaimed water mains was determined to be needed to support the City's new downtown efforts. To implement the downtown gravity sewer, a utility easement is required across the north fifteen feet of the property located at 2 N Bluford Ave. The City Commission on May 16,2017,approved this parcel for purchase.A second parcel, 128 N.Bluford Ave,is also needed to accommodate a new lift station for the downtown area. The impact to the Downtown and Bluford Street Scape Project,which includes the water,reclaimed water,and land acquisitions,is$1,504,156;however, due to anticipated project construction savings, the net impact to the project is $679,573. To cover these unforeseen projected impact expenses,staff is recommending the Mayor and City Commission approve the use of$200,000 from this year's Annual Major Water Line Replacement and Upgrade Program's funding (401- 533-10-6302) and $479,573 Water & Sewer Capital Project funds (408). The Annual Major Water Line Replacement and Upgrade Program Fiscal Year 2018's project was the Kimball & Malcom Area Watermain Upgrade Project Phase I, II & III and had a fund of$1,100,000 ($250K in fund 401, $600K in fund 407 and $250k in fund 408). This approval of this item would reduce available funding to approximately$650K with a Phase II&III of the project being delayed to Fiscal Year 2019. Approved on Consent. Motion carried 5-0. 7IPage i Regular City Commission November 7,2017 G. FIRST READING OF ORDINANCE - 6:45 PM 15. First Reading of Ordinance Amending the City of Ocoee Municipal Police Officers' and Firefighters' Retirement Trust Fund Amending Section 30, Supplemental Benefit Component for Special Benefits: Chapters 175 and 185 Share Accounts. (Second Reading and Public Hearing Date scheduled for December 5, 2017, Regular Commission Meeting at 6:15 p.m. or soon thereafter) (Police Chief Brown) The Pension Board for the City of Ocoee Municipal Police Officers' and Firefighters' Retirement Trust Fund is governed by City of Ocoee Ordinances and State Statutes. On May 16,2017,the City Commission approved an ordinance amendment to the Police and Fire Pension fund which established a share account. The changes to the pension ordinance are required to administer the 185 share accounts and distribute the current year 185 excess premium tax money. The State of Florida required that all municipal pension plans establish a share plan as defined in Florida State Statue 175 Firefighters and 185 Police Officers. The State of Florida further required that the City and members negotiate for the distribution and use of the excess state monies; and if no agreement can be made,the default is to distribute the monies,half to members' share plan and half to pay the City's pension fund liability. During the most recent Police contract negotiations, an agreement was not made as to the use of the excess premium tax money. The excess tax money will be distributed based on the terms of this amendment for this year. The Firefighters are currently working from the mutual consent from the last negotiated contract. Effective September 30, 2017, the initial allocation, $193,673.55 will be allocated to individual Member Share Accounts as provided in this ordinance. City Attorney Cookson read the title of the Ordinance. Mayor Johnson announced that this will be presented as a second reading and public hearing at the next scheduled City Commission meeting on December 5, 2017. 16. First Reading of Ordinance for GMMG, LLC - 1737 N. Lakewood Avenue Annexation and Initial Zoning; Project No(s): AX-08-17-63 & RZ-17-08-04. (Second Reading and Public Hearing Date scheduled for December 5, 2017, Regular Commission Meeting at 6:15 p.m. or soon thereafter) (Planner Jones) The subject property is located 750 feet south of the intersection of Fullers Cross Road and North Lakewood Avenue. The parcel is+/-0.64 acres and contains one(1)single-family residence with a current zoning of"A- l."The Parcel Identification Number is 08-22-28-0000-00-010.The proposed annexation is a logical extension of the City limits, urban services can be provided, and the annexation meets state and local regulations. City staff has requested a City of Ocoee zoning designation of R-1 (Single-Family Dwelling) upon annexation. According to the Land Development Code, the R-1 zoning designation is intended for areas shown on the Future Land Use Map as "Low Density Residential." The R-1 zoning designation is consistent with the adopted future land use designation of Low Density Residential, shown on both the City of Ocoee and Orange County Joint Planning Area future land use maps. Based on the unanimous approval recommendations of the DRC and Planning and Zoning Commission, Staff recommends that the Honorable Mayor and City Commissioners approve the Annexation and Rezoning of the +/- 0.64 acre parcel of land known as the GMMG,LLC Parcel with an Initial Zoning classification of"R-1." a) First Reading of Annexation Ordinance b) First Reading of Rezoning Ordinance City Attorney Cookson read the titles of the Ordinances. Mayor Johnson announced that this will be presented as a second reading and public hearing at the next scheduled City Commission meeting on December 5, 2017. k1 8IPage Regular City Commission November 7,2017 17. First Reading of Ordinance for Sullins — 1928 Adair Street Annexation and Initial Zoning; Project No(s): AX-08-17-62 & RZ-17-08-03. (Second Reading and Public Hearing Date scheduled for December 5, 2017, Regular Commission Meeting at 6:15 p.m. or soon thereafter) (Planner Jones) The subject property is located at 1928 Adair Street, which is on the west side of Adair Street across from Marlene Drive. The parcel is 0.50 acres with a Parcel Identification Number of 08-22-28-0000-00-048 and contains one (1) single-family residence. The proposed annexation is a logical extension of the City limits, urban services can be provided, and the annexation meets state and local regulations. City staff has requested a City of Ocoee zoning designation of R-1 (Single-Family Dwelling) upon annexation. According to the Land Development Code, the R-1 zoning designation is intended for areas shown on the Future Land Use Map as "Low Density Residential." The R-1 zoning designation is consistent with the adopted future land use designation of Low Density Residential, shown on both the City of Ocoee and Orange County Joint Planning Area future land use maps. Based on the unanimous approval recommendations of the DRC and Planning and Zoning Commission, Staff recommends that the Honorable Mayor and City Commissioners approve the Annexation and Rezoning of the+1-0.50 acre parcel of land known as the Sullins Parcel with an initial zoning classification of"R-1." a) First Reading of Annexation Ordinance b) First Reading of Rezoning Ordinance City Attorney Cookson read the titles of the Ordinances. Mayor Johnson announced that this will be presented as a second reading and public hearing at the next scheduled City Commission meeting on December 5, 2017. H. PUBLIC HEARINGS - 6:51 PM 18. First Reading of Ordinance and Public Hearing Amending the Land Development Code (LDC) Relating to Article H Definitions, Article V, Section 5-8 Prohibited Uses and Table 5-1 Permitted Use Regulations in Overlay Districts. (Second Reading and Public Hearing Date scheduled for December 5, 2017, Regular City Commission Meeting at 6:15 p.m. or soon thereafter.Advertised in the West Orange Times on Thursday, October 26, 2017) (City Planner Rumer) Back on September 6, 2015, City staff made a presentation to the City Commission relating to the development and redevelopment of parcels within the Special Overlay Areas. Topics of specific concern to staff and the City Commission is the redevelopment of parcels within the Overlay Areas, density and compatibility concerns with development and redevelopment, allowable uses in the overlay, and the development of zoning standards that will enhance economic development and redevelopment in the Overlay Areas with the following uses or intended uses: pharmaceutical dispensaries, fast food and other drive through restaurant establishments, check cashing stores,self-storage facilities, vehicle and tire service,sales,and repair facilities, and discount retail stores. A moratorium was put in place through March of 2017 to allow staff the time to evaluate the current Special Overlay Area standards and update the standards as necessary. Since the moratorium has expired,the City has adopted a zoning overlay over the SR 429 Corridor by establishing three (3) character areas and has a final ordinance on the agenda to prohibit medical marijuana dispensing facilities. r' As a final step in addressing the concerns stated in the moratorium,staff has proposed amendments to the Land Development Code (LDC) which addresses uses and provides for additional requirements in overlay areas (CRA Target Areas, SR 429 Overlay, and Downtown Overlay) for the following uses: Fast Food Restaurants with Drive-through, Self-Storage Facilities,and Automotive Tire and Repair facilities. Staff is proposing amending the LDC as follows: • Better define self-storage facilities and prohibit the use unless it is integrated as part of a multi-use development. • Eliminate the drive-in restaurants like a Sonic Burger and to limit the locations based on access. • Limit automobile service stations that change oil,tires and other minor work. 9 page... Regular City Commission November 7,2017 City Planner Rumer explained he will do a more formal presentation at the second reading public hearing. He further explained this first reading is a public hearing as they are looking to limit or prohibit some of the uses allowed in the commercial zoning with regards to Fast Food Restaurants with Drive-through, Self-Storage Facilities, and Automotive Tire and Repair facilities. City Attorney Cookson read the title of the Ordinance. As this is a First Reading of Ordinance Public Hearing, the public hearing was opened. As no one wished to speak, the public hearing was closed. Mayor Johnson announced the Second Reading and Public Hearing is scheduled for December 5, 2017, Regular City Commission Meeting at 6:15 p.m. or soon thereafter. 19. Public Hearing of Ocoee Business Park Preliminary Large Scale Site Plan; Project No: LS-2017-009. (Advertised in the West Orange Times on Thursday, October 26, 2017) (City.Planner Rumer) The applicant proposes to develop 44.12 acres of land as a light industrial/flex office park consisting of three (3)buildings totaling a maximum of 646,366 sq. ft. Building 100 is a 96,770 SF warehouse with rear loading truck bays facing the railroad track. Building 200 is a 406,000 SF warehouse with truck bays on the east and west side. The eastern truck bays will be shielded by a retention pond with landscaping. The west facing bay doors face the north bound exit ramp on SR 429. The estimated distance from the exit ramp to Building 200 is 355 feet. Building 300 is a 144,000 warehouse with bay doors facing the new Sunbelt Rental site. The Development Plan provides for a maximum FAR(floor area ratio) of 0.33%. The maximum FAR allowed by code is 3.0. The permitted uses will be limited to those uses permitted within the I-1 (Light Manufacturing and Warehousing). On September 5, 2017, the DRC met to determine if the proposed Preliminary Site Plan was consistent with the City's regulations and policies. When the discussion was finished, the DRC voted unanimously to recommend approval of the Preliminary Site Plan for Ocoee Business Park Project, subject to the resolution of outstanding comments before the City Commission meeting. The Planning and Zoning Commission (P&Z) reviewed the proposed Preliminary Site Plan for Ocoee Business Park on Tuesday, October 10, 2017. Discussion ensued on impacts on the road system by the traffic created. Several of the members of the Planning and Zoning Commission relayed issues with traffic and the inability to justify the new traffic created without a number of improvements to the roads. Questions to when Maguire Road would ' be widened and when Silver Star Road intersection would be fixed were made. In making a motion, Chairman McKey said he is unaware of how to express their traffic concerns to the City Commission. Staff relayed that the concerns would be stated in the Planning and Zoning Recommendation. There were five (5) members of the Planning and Zoning Commission in attendance. The Planning and Zoning Commission voted 5-0 to recommend approval of the Preliminary Site plan with the aforesaid traffic comments included. City Planner Rumer briefly summarized the Ocoee Business Park Preliminary Large Scale Site Plan. This subject property is located on the west side of Maguire Road, south of the Franklin Street/State Road 438 corridor and adjacent to State Road 429 Western Expressway to the east with railroad tracks to the north. The applicant, McCraney Property Company, is proposing a light industrial/flex office park consisting of three (3) buildings totaling a maximum of 646,366 square feet. He explained the parcel is undeveloped +/- 44.12 acres with a zoning of light industrial (I-1). Access to this site will be an existing road off of Maguire Road and an exit only on the north end of the parcel next to a lift station. He explained this site is located within the recently-adopted State Road 429 Overlay, and this particular parcel is within the Business Center Character Area of that overlay, which entails various requirements and standards. The Planning 101 Page Regular City Commission November 7,2017 and Zoning Commission (P&Z) reviewed the proposed Preliminary Site Plan for Ocoee Business Park. Discussion ensued on impacts on the road system by the traffic created. Several of the members of the Planning and Zoning Commission relayed issues with traffic and the inability to justify the new traffic created without a number of improvements to the roads. Public hearing was opened. C. Bruce Gordy, Property Owner, gave a brief historical summary of the property which was once an orange grove; and further, advised the land has been in the family for 100 years so they are pleased to work with McCraney Property Company to develop this property. He concluded by thanking City staff for working with them as he feels they will be proud of this project. Sean Carpenter,Engineer with McCraney Property Company, 7101 Presidents Drive, Orlando, was present to answer any questions. Steven McCraney, McCraney Property Company, presented a PowerPoint that provided an overview of the proposed Ocoee Business Park development. The public hearing was closed. Motion: Move to approve Ocoee Business Park Preliminary Large Scale Site Plan; Project No: LS-2017-009; Moved by Commissioner Firstner, seconded by Commissioner Keller; Motion carried 5-0. 7:07 PM - BREAK I. SECOND READING OF ORDINANCE—PUBLIC HEARING - 7:16 PM 20. Second Reading of Ordinance and Public Hearing Amending Chapter 180, Section 5-8 of the City Code Related to Prohibition of Medical Marijuana Treatment Center Dispensary Facilities within the City of Ocoee. (Advertised in the Orlando Sentinel on Friday, October 27, 2017) (City Planner Rumer) First reading of this ordinance was heard on October 17,2017. In November of 2016,the voters of the State of Florida adopted an amendment to the State Constitution to allow the broadened use of cannabis to treat medical conditions. In response to this constitutional amendment, on January 3, 2017, the City adopted an ordinance implementing a temporary moratorium until December 31, 2017. In June of 2017, the Florida Legislature adopted Senate Bill 8-A in a Special Session, which established a regulatory process for medical cannabis dispensaries. After the November 2016 Constitutional Amendment and before the Special Session that passed Senate Bill 8-A, many jurisdictions passed a model ordinance allowing a limited number of facilities based on population. The ordinance provided for regulations such as signage, location to schools,and other opportunities to properly locate a facility if so desired. Upon passing Senate Bill 8-A, the Legislature removed any ability to provide regulations on facilities. Senate Bill 8-A,which establishes a regulatory process for medical marijuana dispensaries,provides local governments two options for regulating uses. The City's two alternatives are as follows: 1. The City may ban medical marijuana treatment dispensaries outright by ordinance. 2. The City may allow medical marijuana treatment dispensaries,however, location criteria must follow those for pharmacies as defined by Chapter 465 F.S. and no limit may be placed on the number of dispensaries allowed within the City. 11 ' Page Regular City Commission November 7,2017 Staff recommends the Honorable Mayor and City Commission approve an ordinance amending the City of Ocoee Land Development Code Chapter 180, Section 5-8, prohibiting medical marijuana treatment center dispensing facilities. City Planner Rumer briefly explained this ordinance, which proposes to amend Chapter 180, Section 5-8 of the City Code related to prohibition of medical marijuana treatment center dispensary facilities. The current legislative ruling does not allow any regulation on the uses; and therefore, the City's two alternatives are to prohibit it outright or allow it. Staff is presenting an ordinance before the City Commission prohibiting medical marijuana treatment center dispensing facilities. City Attorney Cookson read the title of the ordinance. The public hearing was opened. Chris Adkins, 606 Ridgefield Ave., shared some of his factual statistics with regards to Medical Marijuana. The public hearing was closed. Commissioner Grogan said the biggest problem he has is the State Legislatures taking away the home rule and not allowing Cities to regulate dispensaries within their own City. Motion: Move to adopt Ordinance No. 2017-027, Amending Chapter 180, Section 5-8 of the City Code Related to Prohibition of Medical Marijuana Treatment Center Dispensary Facilities within the City of Ocoee. Moved by Commissioner Grogan, seconded by Commissioner Wilsen; Motion carried 5-0. J. REGULAR AGENDA - None K. STAFF ACTION ITEMS -None L. COMMENTS FROM COMMISSIONERS - 7:23 PM Commissioner Grogan — Thanked everyone in the City for another great Founders' Day event. Felt there were more people in attendance this year than in the previous years. He shared that he g is looking forward to the 25th Anniversary next year. Commissioner Wilsen — 1) Announced the Police Department will be starting their Toy Drive and will be placing collection bins at various locations around the City. 2) Announced the Christmas Parade is December 2nd and asked the City Clerk to find the discussion on how many guests can be on the Santa Sleigh for this event so that it is not too crowded. She asked for that information to be sent to them as a reminder. Commissioner Firstner — Wished everyone a Happy Thanksgiving as they will not be having another Commission Meeting this month. 12IPage Regular City Commission November 7,2017 Commissioner Keller— 1) Thanked City staff for a tremendous job on the Founders' Day event this year. 2) Reminded residents again about the road closure on Tuesday, November 14th on Clarke Road/A.D. Mims Road for replacement of the railroad crossing. Mayor Johnson — 1) Shared with Police Chief Brown that they are having a problem with the road closure and children crossing on the west side of Kissimmee Ave. He would like to have crossing guard or officer out there. 2) Reminded Public Works Director Krug that 3 or 4 months ago they had discussed the street lights on Ingram Road and inquired on an update. Public Works Director Krug said he has not heard back from Duke Energy, but he had discussions with the Finance Department on if there were funds budgeted as he will need to find funding. City Manager Frank inquired on an estimated cost. Public Works Director Krug said he figures at least $20,000. City Manager Frank advised the City Commission can by consensus direct staff to find the funding. Consensus of the City Commission was to have City staff find the funding for street lights on Ingram Road. 3) Announced that he received e-mails this past weekend from citizens sharing their appreciation for the debris clean-up; this was a difficult storm for the City of Ocoee. He further recognized Raynor Shine and City staff for their great work. ADJOURNMENT - 7:33 PM { APPROVED: Attest: City of Ocoee ,ThILL Au —`�- Melanie Sibbitt, City Clerk Rusty John n, iayor 13IPage 5