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04-03-18 Agenda OCOEE CITY COMMISSION Ocoee Commission Chambers 150 North Lakeshore Drive Ocoee,Florida April 3,2018 AGENDA 6:15 P.M. REGULAR CITY COMMISSION MEETING CALL TO ORDER Invocation Pledge of Allegiance Roll Call and Determination of Quorum PRESENTATIONS AND PROCLAMATIONS Proclamation for Arbor Day—April 27, 2018. (Mayor Johnson) Presentation from Human Relations Diversity Board Member William Maxwell COMMENTS FROM CITIZENS/PUBLIC STAFF REPORTS AND AGENDA REVIEW COMMISSIONERS ANNOUNCEMENTS CONSENT AGENDA ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE AND WILL BE ACTED UPON BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS UNLESS DISCUSSION IS DESIRED BY A MEMBER OF THE COMMISSION, IN WHICH CASE THE MAYOR WILL INSTRUCT THE CITY CLERK TO REMOVE THAT ITEM FROM THE CONSENT AGENDA AND SUCH ITEM WILL BE CONSIDERED SEPARATELY. 1. Approval of the Minutes for the Regular City Commission Meeting held March 6, 2018 and March 20,2018. (City Clerk Sibbitt) 2. Approval of Reappointment of Two Current Members on the Human Relations Diversity Board. (City Clerk Sibbitt) Upon the adoption of Resolution No. 2013-007, Members of the Human Relations Diversity Board will serve three-year terms. The Resolution provides that the Human Relations Diversity Board membership shall consist of thirteen (13) members. There are currently no other applications on file. The terms of Members Kathleen Crown and Paul Hershaw will expire in May 2018. Both members have indicated an interest in being considered for reappointment for another term ending May 2021. In 2017 Members Crown and Hershaw attended nine(9)out of ten(10)meetings 3. Approval of New Appointment to the Citizen Advisory Council for Ocoee Fire Department. (City Clerk Sibbitt) Members of the Citizen Advisory Council for Ocoee Fire Department serve three-year terms. The Resolution creating the Board allows no more than fifteen (15) members. The Board currently has five (5) members. One application has been received to serve on the Board from Penny Christian. 4. Approval of Year End Budget Adjustments for Fiscal Year 2017. (Assistant City Manager Shadrix) Annually, the City is required to reconcile its budget at the close of each year. Expenses for a general fund program exceeded the budgeted amount for Fiscal Year 2017 by $10,576.71. The overage was due to higher than anticipated paid-time-off buyouts. Regular City Commission April 3,2018 5. Approval of First Amendment to Contract with Retail Strategies, LLC for Retail Marketing and Planning for the Economic Development and Master Planning Program. (City Planner Rumer) Retail Strategies has provided marketing and planning strategies to attract retail and restaurant users in the City for the past three years. Retail Strategies, LLC is a company that specializes in working inside the retail industry to leverage relationships and promote efforts of the City. Retail Strategies has helped the City with client meetings and first introductions at the ICSC Conferences in Las Vegas and Orlando. Retail Strategies also presented a session during the last National League of Cities/Small Cities Council meeting in Ocoee. The contract for services with Retail Strategies was approved for three (3) years with an option for a fourth (4) year at the same rate. City Staff wishes to continue working with Retail Strategies to help implement the economic development projects that are coming online such as the Downtown, SR 429, Colony Plaza site, and City Center West Orange. Retail Strategies provides us the direct link to the decision makers that will be called on as buildings begin to go up and more demand is created. 6. Approval of Ocoee Business Park Phase 2, Building 100, Final Large Scale Site Plan, Project No. LS-2017-015. (City Planner Rumer) The subject property is zoned I-1 (Light Industrial)and is located on the west side of Maguire Road, south of Franklin Street. The subject site is approximately 13.06 acres in size and currently undeveloped. The proposed Building 100 Large Scale Final Site Plan consists of 105,663 sq. ft. Light Industrial/Flex Office Building. This is an increase from the original approval which proposed 96,770 sq. ft. Access will be via two entrance points on Maguire Road. A separate off-site roadway plan will provide the necessary turn lanes and deceleration lanes to enter the site. The site will contain two stormwater retention ponds. Water and sewer lines will be connected to existing lines on Maguire Road and run through the property. Parking spaces in the amount of 135 with five (5) handicapped are provided. Adequate truck parking and circulation is being provided in the rear,which is adjacent to an existing industrial building. 7. Approval of Ocoee Business Park Phase 2, Building 200, Final Large Scale Site Plan, Project No. LS-2017-016. (City Planner Rumer) The subject property is zoned I-1 (Light Industrial)and is located on the west side of Maguire Road, south of Franklin Street. The subject site is approximately 10.86 acres in size and currently undeveloped. The proposed Building 200 Large Scale Final Site Plan consists of a 144,000 sq. ft. Light Industrial/Flex Office Building with bay doors facing the new Sunbelt Rental site.Access will be via an extension of Ocoee Crown Point Parkway. Once Building 300 is developed,there will be an internal drive isle connecting the site to the access points provided by Building 100. The site will contain two stormwater retention ponds. Water and sewer lines will be connected to existing lines located on Ocoee Crown Point Parkway. Parking spaces in the amount of 242 with five (5) handicapped are provided. Adequate truck parking and circulation is being provided in the rear,which is adjacent to Sunbelt Rental. 8. Approval of Daniel/Ray Subdivision Plat. (Development Engineer Womack) The subject properties are located at the east end of Westrun Road. The lots are identified as Parcel Numbers 30-22-28-0000-00-074, 30-22-28-0000-00-002 and 30-22-28-0000-00-035. The total area of the parcels amounts to 6.957 acres. The developers intend to develop the nearly seven-acre site as a commercial subdivision with three leasable or sellable lots. The lots created from this plat will be sized 0.624 acres,0.744 acres and 1.129 acres, respectively. This plat is required in order to create the lots for the commercial subdivision and reflect the improvements to be constructed as part of the Daniels Veterinary Services development on Lot 1. This plat includes a right-of-way dedication for a short extension of Westrun Road. The plat includes easements for an 8" water main extension, a stormwater retention pond, and easements for other public utilities. The Daniel/Ray Subdivision development is platting prior to receiving a Certificate of Completion; therefore, the developer is required to provide a surety covering the proposed improvements as approved in the Daniels Veterinary Services Small Scale Preliminary/Final Site Plan. The surety, in the form of a bond,will be provided prior to recording of the plat. 2 ' Page Regular City Commission April 3,2018 9. Approval of a Two-Year Warranty Surety and Maintenance, Materials, and Workmanship Escrow Agreement with Building Hope Lakewood Avenue LLC, for Innovation Montessori School. (Development Engineer Womack) The Innovation Montessori School is a tuition-free public charter school located at 1644 N. Lakewood Avenue. The overall parcel is 17.6 acres in size, of which 12 acres have been used for the construction of three buildings with associated playgrounds, stormwater management areas, parking, and public road access. The three buildings consist of an 8,000SF one story Pre-School/Kindergarten Building, a 4,000SF one story Multi-Function Building, and a 39,000 two-story Classroom Building housing Grades one (1) through eight (8). The Innovation Montessori School has an 800 student capacity. The developer has completed construction of the infrastructure improvements for the Innovation Montessori School and has requested a Certificate of Completion for this phase. The infrastructure improvements include the onsite water and sanitary sewer systems, a new public lift station, a new 2,300-foot extension of an 8" sanitary force main, road widening and turn lane additions to Lakewood Ave., the associated stormwater collection system, the perimeter fencing and associated landscaping. 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. Building Hope Lakewood Avenue LLC has provided the City with a check in the amount of 10%of the constructed improvements($24,270.00). The Surety will be returned to the developer upon completion of the two-year warranty period and the repair of any damages caused over that two-year period. 10. Approval of a Two-Year Warranty Surety and Maintenance, Materials, and Workmanship Agreement with Letter of Credit with Mattamy Orlando LLC, for the Preserve at Crown Point Phase 2A Subdivision. (Development Engineer Womack) The Preserve at Crown Point Phase 2A is a subdivision located on the west side of Ocoee Apopka Road and situated along Ocoee Crown Point Parkway. The overall parcel is 57.93 acres in size,of which 12.63 acres are identified as stormwater. The developer has completed construction of the infrastructure improvements for the Preserve at Crown Point Phase 2A and has requested a Certificate of Completion for this phase. The infrastructure improvements include certain roads, streets, sewer, water and reuse systems, drainage facilities and/or other improvements under the provisions. The Preserve at Crown Point Phase 2A development also constructed several amenities for this phase of development. The first of these amenities is a .88 acre playground with benches, fitness equipment, and shade structures. The other major amenity that will be provided is a walking path in the upland trail tract adjacent to Lake Apopka. This trail will connect the West Orange Trail south of Ocoee High School and will be open to the public. All identified punch list repairs are currently being completed,and the developer will be ready to start the two-year warranty period for the public infrastructure improvements once the punch list items are inspected. 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. Mattamy Orlando LLC has provided the City with a Letter of Credit in the amount of 10% of the constructed improvements($82,766.82). The Maintenance, Materials, and Workmanship Agreement with Letter of Credit (Irrevocable Stand-By Letter of Credit issued by Wells Fargo Bank)acts as the executable document between the developer and the City. The Surety will be returned to the developer upon completion of the two-year warranty period and the repair of any damages caused over that two-year period. 11. Approval to Donate 60 Sections of 2 '/2 inch, 40 Sections of 1 3/4 inch and 3 Sections of 5 inch of fire hose to the Monticello Volunteer Fire Department, Monticello, Florida. (Fire Chief Miller) The approved City budget has included replacing the Fire Department fire hoses that were more than 10 years old and unserviceable. The Fire Department is requesting the Commission approve the donation of surplus hose (60 sections of 2 '/z inch, 40 sections of 1 '/4 inch and 3 sections of 5 inch fire hose) to the Monticello Volunteer Fire Department. They are a small volunteer fire department in the Florida panhandle that still uses hose which is over 25 years old. 31 Page Regular City Commission April 3,2018 12. Approval for Use of County Solid Waste Management System. (Public Works Director Krug) The City has historically utilized the County solid waste management system to dispose of residential and commercial solid waste. The interlocal agreement between the City and Orange County expired in September, 2011. On October 18, 2011, the City Commission ratified a letter of intent from the County to continue to receive County solid waste management services under the terms of the expired interlocal agreement until a new agreement was reached. There is currently no incentive for the City to enter into a new contract until such time as the largest city in the county enters into a similar agreement as their larger volume of dedicated waste tonnage would be the catalyst to further lower tipping fees. The City Commission previously authorized use of the County solid waste management system through April 30, 2018. While we await a beneficial interlocal agreement, Public Works seeks City Commission authorization to continue to use the County solid waste management system to dispose of residential and commercial solid waste until a new agreement is reached or April 30,2019. PUBLIC HEARING - None FIRST READING OF ORDINANCE 13. First Reading of Ordinance for Crawford — 212 1st Street Annexation and Initial Zoning; Project No(s): AX-10-17-65 & RZ-17-10-06. (Second Reading and Public Hearing Date scheduled for April 17, 2018, Regular Commission Meeting at 6:15 p.m. or soon thereafter) (Planner Jones) The subject property at 212 1st Street is located on the southwest side of 1st Street and approximately 1,000 feet south of Silver Star Road with a total of+/- 1.20 acres. The Parcel Identification Number is 17-22-28- 0000-00-087. This property is located within the Ocoee-Orange County Joint Planning Area (JPA) and is being considered for annexation as outlined in the JPA Agreement. City staff is concurrently requesting rezoning of the property to R-1 (Single-Family Dwelling). Orange County has been notified of this petition in accordance with Section 171.044(6) FS and Subsection 13-A of the City of Ocoee-Orange County Joint Planning Area Agreement. The proposed annexation is a logical extension of the City limits, urban services can be provided, and the annexation meets state and local regulations. The land use and initial zoning are also consistent and compatible with surrounding properties. The owners wish to obtain water service from the City. a) First Reading of Annexation Ordinance b) First Reading of Rezoning Ordinance SECOND READING OF ORDINANCE—None REGULAR AGENDA 14. Election of Mayor Pro Tem. (City Clerk Sibbitt) Section C-9 of the Ocoee City Charter states "The Mayor Pro Tem shall be elected from among the Commissioners by the City Commission but shall continue to represent the district in which such Commissioner resides. The Mayor Pro Tem shall be elected at the first City Commission meeting following the swearing in of the candidates elected at each general city election ... and shall serve as Mayor Pro Tem until the successor is elected." On March 20, 2007, the Commission created a policy to elect the Mayor Pro Tern annually,even in non-election years,by rotating down through the seniority list. The following elections have been made since 2009: • 2009-10 Commissioner Keller • 2010-11 Commissioner Johnson • 2011-12 Commissioner Wilsen • 2012-13 Commissioner Hood • 2013-14 Commissioner Keller • 2014-15 Commissioner Grogan • 2015-16 Commissioner Wilsen • 2016-17 Commissioner Firstner 41 Page Regular City Commission April 3,2018 15. Appointment of Commission Liaisons to Various Boards. (City Clerk Sibbitt) Each year the Commission reviews the Liaisons Appointments to various boards and makes changes, if needed. In 2017 the following appointments were made: • Parks and Recreation Board—Commissioner Wilsen • Citizens Advisory Board for the Police Department—Commissioner Grogan • Citizens Advisory Board for the Fire Department—Commissioner Firstner • Human Relations Diversity Board—Commissioner Keller • Personnel Board—Mayor Johnson • Tri-County League of Cities—Commissioner Wilsen • West Orange Airport Authority—William Maxwell • W.O.Chamber of Commerce—City Manager Frank • Education Incentive Board—Mayor Johnson • MetroPlan Orlando's Advisory Committee(MAC)—Commissioner Keller(Appointed on 1-16-2018) 16. Discussion of an Unsolicited Offer from Beazer Homes to Purchase 8.5 Acres of City- Owned Property Near the Intersection of AD Mims Road and Clarke Road for $960,000. (Assistant City Manager Shadrix) The City acquired 12 acres of land from the Silvestri Investment Group of Florida, Inc., on December 29, 2006, at a cost of $3.5 million for the purpose of constructing a new Police Department headquarters building. The City subsequently relocated the Police Department to another facility with the result that this property remains undeveloped. The subject property is bordered on the south by railroad right of way, which is adjacent to AD Mims Road,to the north and east by the Prairie Lake Reserve Subdivision, and on the west by Clarke Road. A portion of the eastern boundary is property dedicated to the public use and owned by the City for future road construction. The outstanding amount of the bond used to finance the purchase is approximately $2.6 million. The Orlando Division of Beazer Homes has submitted an unsolicited offer to purchase approximately 8.5 acres of the property for$960,000. The City would retain the 15-foot-wide strip along Clarke Road plus 3.5 acres in the southwest corner of the property, which may have a future commercial use. (Appraisal Forthcoming) STAFF ACTION ITEMS 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. 51 Page