HomeMy WebLinkAbout01-15-2019 Agenda
OCOEE CITY COMMISSION
Ocoee Commission Chambers
150 North Lakeshore Drive
Ocoee, Florida
JANUARY 15, 2019
5:30 P.M. Christmas Parade Trophies Presentation – Ocoee Lions Club
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 ~ Crossing Guard Appreciation Day – February 1, 2019. (Mayor Johnson)
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 December 4,
2018. (City Clerk Sibbitt)
2. Approval of Elections Services Contract with the Orange County Supervisor of
Elections and Allow them to Open and Run Unquestionable Vote-By-Mail Ballots for
the March 2019 General Municipal Election Utilizing the Orange County Canvassing
Board Criteria. (City Clerk Sibbitt)
The Supervisor of Elections Office submitted a contract for the March 12, 2019, General Municipal Election.
The 2019 Vote Processing Equipment and Elections Services Contract for Municipal Elections is attached for
your consideration. City staff is requesting approval to allow the Supervisor of Elections to open and run all
vote-by-mail ballots through the tabulator on Election Day (March 12th after 9:00 a.m.) that are not
questionable. This will save the Canvassing Board a lot of time as that portion will be completed upon their
arrival. The Canvassing Board will then only need to accept or reject any vote-by-mail ballots that have issues
with them (no signature, signatures do not match, etc.) using the same criteria.
3. Approval to Execute All Documents Incident to Accepting Deed of Right of Way on
Fuller Cross Road from Chevron Land and Development Co. Pursuant to the 2008
Developer’s Agreement for Eagle Creek of Ocoee. (City Planner Rumer)
On October 21, 2008, the City of Ocoee and Chevron Land and Development Company (“Chevron”) entered
into a Development Agreement for Eagle Creek of Ocoee. Pursuant to Section 3 of the Development
Agreement, Chevron must convey to the City portions of right of way on Ocoee-Apopka Road and Fullers
Cross Road upon request of the City. On October 18, 2018, the City sent a letter to Chevron requesting
conveyance of the right of way in accordance with the Development Agreement. Since that date Chevron has
produced the required sketch and legal description of the property and other documents. At this time the City
and Chevron are ready to move forward, execute all documents incident to the closing, and allow the City to
accept the deed to the right of way.
Regular City Commission
January 15, 2019
4. Approval to Proceed with a Professional Services Agreement to Provide Retail
Consulting Services 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 promotes efforts of the City. Retail Strategies has helped assisted 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 past National League of Cities / Small Cities Council meeting in
Ocoee. The contract for services with Retail Strategies was approved for One Year (1) year with an option for
a one (1) year renewal 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 the City the direct link to the
decision makers that will be called on as buildings begin to go up and more demand is created.
5. Approval of the Preserve at Crown Point Phase 2B Plat and Traffic Enforcement
Agreement. (Development Engineer Womack)
The subject property is located on the former Coke Property the City purchased as part of the Crown Point
PUD. The City, through an RFP process, selected Mattamy Homes as purchaser of the site with the intent to
build 303 single-family homes. Mattamy Homes has closed on the purchase of Phase 2B and is in the site
development process. This plat is being required in order to reflect the improvements constructed as part of
The Preserve at Crown Point Phase 2B development. This plat includes easements for public utility
improvements and the stormwater management system. The lot is identified as parcel number 01-22-27-0000-
00-015. The total subdivision is 102.86 acres in size with Phases 2A and 2B consisting of 57.93 acres and
44.93 acres. The Preserve at Crown Point (Crown Point PUD) subdivision will include a total of 303 single-
family residential lots; Phase 2B makes up 153 of the single-family residential lots. Phase 2B of the Preserve
at Crown Point subdivision has residential lot sizes of 45 feet by 124 feet, 55 feet by 124 feet and 75 feet by
124 feet. Mattamy Homes is developing the subdivision as a gated community. Therefore there is no need for
an upgraded street light agreement as the developer and HOA will be responsible for 100% of the installation,
monthly operating costs, any maintenance, and all future replacements for the street lights. Mattamy Homes
has executed the City’s Traffic Enforcement Agreement to allow for enforcement within the gated
community. The Preserve at Crown Point Phase 2B is platting prior to receiving a Certificate of Completion;
therefore, the developer is required to provide a Surety covering 115% of the cost of the proposed
improvements as approved in the Ocoee Crown Point PUD Phase 2B plan. A Surety, provided as a Wells
Faro Irrevocable Standby Letter of Credit in the amount of $1,292,034.27, has been provided to the City. The
Surety will be returned to the developer once the developer enters into a Two-Year Maintenance, Materials,
and Workmanship Agreement with the City for the completed public improvements.
6. Approval of a Two-Year Warranty Surety and Maintenance, Materials, and
Workmanship Agreement with JTD Land at Ocoee Pines, LLC for Forest Lake
Estates Phase 2. (Development Engineer Womack)
The Forest Lake Estates Subdivision is located on the north side of Clarcona Ocoee Road, east of Adair Street
and adjacent to the Forest Lake Golf Course. The property is identified as Parcel Number 05-22-28-2854-20-
000. The total area of the parcel amounts to approximately 28.954 acres. Construction of the Forest Lake
Estates subdivision has been divided into two phases with 152 homes in the first phase and 126 in the second
phase. The developer completed construction of the infrastructure improvements for the first phase of the
subdivision in March of 2017. The developer has now completed the remainder of the subdivision
improvements and has requested a Certificate of Completion. All identified punchlist 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 punchlist items are inspected and approved by City Staff. JTD Land at
Ocoee Pines, LLC has provided the City with a Letter of Credit in the amount of 10% of the constructed
public improvements ($152,731.40 issued by Iberia Bank). The Maintenance, Materials, and Workmanship
Agreement acts as the executable document between the developer and the City. The surety will be kept on
file with the signed Maintenance, Materials, and Workmanship Escrow Agreement, which will ensure that
funds will be available should they be needed during the two-year warranty period. 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.
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Regular City Commission
January 15, 2019
7. Approval of the Sale and Disposition of the Soda Dispensing Machine Located in City
Hall. (Finance Director Roberts)
The City possesses a soda machine located on the second floor of City Hall from which the City sells soft
drinks to City employees. The machine is currently serviced and replenished by Finance staff. Proceeds from
the sale of soft drinks are used for further replenishment and servicing. While the machine is seen as a benefit
to City Hall employees, servicing it takes valuable time away from the Finance staff performing their
assigned duties and increases the risk of personal injury due to lifting and carrying heavy cases of soft drinks.
Also on the second floor is a snack/soft drink machine, which belongs to and is serviced by Green Mountain
Vending, LLC. Green Mountain has been reliably providing different types of soft drinks and snacks in their
machine for several years. The Director of Finance inquired with Green Mountain if they would be willing to
refill and service the City’s machine. Green Mountain proposed purchasing the machine for $500 and taking
over service and maintenance. Staff believes this to be a beneficial arrangement for the City as the machine
has no value on the City’s books.
8. Approval to Award Invitation to Bid #19-003 Ocoee Lakefront Park Phase 1 in the
Amount of $2,724,956.00. (Purchasing Agent Tolbert)
In conformance with the policies and procedures of the City of Ocoee (City) and Florida Statutes, bids were
solicited from qualified contractors to construct the Ocoee Lakefront Park Phase 1. Due to widespread cost
increases since the construction budget was established, all bids received were substantially higher than the
available funds. The low bid from MARBEK Construction Co. was $3,361,800.00. The highest of the six
bids received was $4,980,628.52. Negotiations were initiated with the low bid firm, who was receptive to a
reduction in scope due to over budget in order to proceed with the award process. It was ultimately decided
that the best course of action was to delay the construction of the Restroom/Concession Building and other
improvements on the lakeshore until Phase 3, when other lakefront improvements are scheduled. (This phase
is not presently funded.) This deletion reduced the total cost by $636,844.00. The cost of the remaining eight
project elements is $2,724,956.00.
9. Approval of Duke Energy Easement on City Property at 128 N. Bluford Avenue.
(Public Works Director Krug)
An integral part of the City Commission approved streetscape improvements in the Downtown Master Plan is
the conversion of pole-mounted overhead utilities to underground facilities. The City has coordinated with
Duke Energy to design the underground system with the required above-ground equipment strategically
located on City properties where the installations will not interfere with the redevelopment improvements.
The design includes a ground-mounted transformer at the location of the future sanitary lift station at 128 N.
Bluford Avenue requiring an executed easement for the transformer. The City Attorney and Utility
Department have reviewed and approved the easement.
10. Approval of Monitoring and Support for Lake Prima Vista 4E Nutrient Reduction
Plan with Wood Environment & Infrastructure Solutions, Inc. (Public Works
Director Krug)
The City has been working with the Florida Department of Environmental Protection (FDEP) to determine
why Lake Prima Vista has been experiencing elevated nutrient concentrations. The City contracted with
Amec Foster Wheeler to determine the source of the impairment in order to be able to develop a Nutrient
Reduction Plan (NRP). The next step is to develop the NRP in coordination with FDEP to clear up the lake.
Public Works recommends continuing this work with Amec, which is now part of Wood Environment &
Infrastructure Solutions, Inc. (Wood). Public Works, FDEP and Wood have jointly developed the scope of
services for a proactive NRP referred to by FDEP as a “Category 4e Assessment.” The 4e designation allows
the City to implement restoration activities on the lake within a five year time frame before being placed on
the Verified List of impaired waterbodies. The Wood team has local experience with similar issues,
particularly with the Lake County Water Authority on the chain of lakes taking effluent from Lake Apopka.
Public Works is requesting Commission approval to utilize Wood Environment & Infrastructure Solutions,
Inc. (Wood) through Orange County’s Contract No. Y16-903B for Continuing Professional Lake
Management Services to provide monitoring and support for the Lake Prima Vista 4e Nutrient Reduction
Plan. Public Works has been in contact with other municipalities to verify the pricing is in line with the scope
of work. The $46,312.00 negotiated for these services fall within industry standards and is adequately funded
in the Stormwater Division.
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Regular City Commission
January 15, 2019
11. Approval of National Pollutant Discharge Elimination System Monitoring Plan with
Wood Environment & Infrastructure Solutions, Inc. (Public Works Director Krug)
The City has proactively met the annual stormwater monitoring and reporting requirements set forth in our
National Pollutant Discharge Elimination System (NPDES) permit. The Florida Department of
Environmental Protection (FDEP) has increased the monitoring requirements of the permit to identify
potential high-loading areas that may benefit from future pollutant load reduction. This additional monitoring
requires special collection equipment, laboratory testing along with analysis of data to be submitted to FDEP.
Public Works is requesting Commission approval to utilize Wood Environment & Infrastructure Solutions,
Inc. (Wood) through Orange County’s Contract No. Y16-903B for Continuing Professional Lake
Management Services to provide this specialized collection and testing. Public Works has been in contact
with other municipalities to verify the pricing is in line with the scope of work. The $49,672.00 negotiated for
these services fall within industry standards and is adequately funded in the Stormwater Division.
12. Approval of Engineering Design Services for Downtown Streets Redevelopment with
CPH, Inc., Taylor Street Right of Way. (Public Works Director Krug)
The Engineering Design Services for the Commission approved Downtown Streets were awarded to CPH,
Inc., under RFQ #1705. Public Works and Utilities finalized the scope of services for subsequent
Commission approval. One of the projects included in the scope is Taylor Street from McKey Street to
Franklin Street with a roundabout at the two terminal intersections, each featuring a gateway structure. The
original survey efforts for Taylor Street discovered there has never been an established public right of way for
the street. The first phase of a design project is to determine the limits of the existing right of way; however,
in this case the right of way must be established. This unforeseen step in the process is tedious and time
consuming, but must take place for the project to move forward and for the City to have a definitive right of
way for Taylor Street. Additionally, the City’s coordination with the State’s Silver Star Road improvements
has extended the limits of the Taylor Street project and increased the design scope. Public Works has
negotiated the scope of services for the Taylor Street right of way and added design services at $101,322.00,
available in the streetscape budget as bonded in the general fund. The other tasks described in the proposal
will be brought before the Commission for separate approval at a later date.
13. Approval of 2018/ 2019 Budget Vehicle/Equipment Purchase. (Public Works Director
Krug)
The City traditionally purchases vehicles and equipment through various competitively bid annual contracts.
Public Works has researched pricing and has found the Florida Sheriffs Association, Florida Department of
Management Services and Sourcewell (formerly NJPA) continue to provide the lowest competitively bid
pricing for vehicles and equipment utilizing competitively bid contracts. The following vehicles and
equipment are incorporated in the approved budget for purchase: One (1) Elgin Eagle mechanical broom
sweeper on Freightliner chassis $271,307.00 (Stormwater – New); One (1) Vactor 2100 Plus on Mack chassis
$548,297.50 (Stormwater – Replacement); One (1) Ventrac 4500 Series slope mower $34,595.00
(Stormwater – New); Five (5) Scag Cheetah ZTR 61” Mowers $10,090.02 each/$50,150.10 total (Streets -
Replacement). The Capital Outlay Workbook lists four (4) mowers and Public Works is including an
additional mower for a spare as this will not require additional budget.
14. Approval of Pre-Construction Phase Contract with Wharton-Smith for Design-Build
Services Related to the New Ocoee City Hall at a Cost of $724,599. (Support Services
Director Butler)
The City Commission accepted the evaluation committee’s recommended ranking of the three firms
competing in Stage 2 of RFP#18-001, which placed Wharton-Smith as the top-ranked firm. Staff undertook
negotiations with this company and recently completed that process with a design-build agreement and a
price proposal for the pre-construction phase of work to design the new Ocoee City Hall. The pre-
construction phase will include seven tasks costing $724,599.00. The City Commission will have two
additional decision points before construction begins: (1) to review and approve/modify the conceptual
design; and (2) to review and approve/reject the proposed guaranteed maximum price (GMP) and
construction schedule. The subject Agreement covers both the pre-construction and construction phases of the
project. An Appendix A will be added to cover the construction phase, GMP, and completion schedule. The
proposed pre-construction phase work schedule spans 22 weeks. This time period may be extended to match
City Commission meeting dates for identified reviews.
15. Item (OYC). (Commissioner Oliver)
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Regular City Commission
January 15, 2019
Article II, Section C-8.C of the Charter of the City of Ocoee, Florida, provides that the City of Ocoee has the
power to create boards, commissions and committees to advise and assist the City in carrying out municipal
functions. At the Regular City Commission Meeting held on December 4, 2018, consensus of the City
Commission was to move forward with a resolution establishing the Ocoee Youth Council (OYC) as
requested by Commissioner Oliver. The purpose of this Resolution is to create the OYC and establish the
composition of the OYC. The City Commission shall, by separate Resolution, establish meeting times and
dates for the OYC, outline the specific purpose and matters to be discussed by the OYC, and to establish
deliverables that the OYC may provide to the City Commission.
PUBLIC HEARING
16. Comprehensive Plan Amendment - Capital Improvements Element (CIE) Update -
Addition of Fiscal Years 2018/2019 - 2022/2023 Capital Improvements Program;
Project No: CPA-2018-009. (Advertised in the West Orange Times on Thursday, December 27, 2018)
(City Planner Rumer)
The Capital Improvement Element (CIE) of the City of Ocoee Comprehensive Plan is a requirement of
Chapter 163, Florida Statues and enables implementation of the Plan goals, objectives, and policies needing
capital funds for a 5-20 year planning horizon. Each year the table section of the CIE will be updated to
ensure that the adopted list of capital projects in the CIE matched the City’s newly adopted fiscal year budget
and approved five-year Capital Improvements Program (CIP). The CIE does not propose any new projects not
previously reviewed and approved by the Commission. The Florida Legislature enacted legislation allowing
adoption of the annual amendment to the CIE to be accomplished with a single pubic adoption hearing.
Additionally, State Statute no longer requires a copy of the Ordinance to be transmitted to the Florida
Department of Economic Opportunity.
17. Resolution Vacating and Abandoning the Remaining Unimproved Maine Street
Right-of-Way. (Advertised in the West Orange Times on Thursday, January 3, 2018) (City Planner
Rumer)
The remaining unimproved right-of-way of Maine Street north of the existing pavement and sidewalk
provides a significant gap in front of lands owned and approved for office development by City Center West
Orange. In order to accommodate the new office building and provide offsite stormwater, City Center West
Orange is requesting vacation of a portion of the remaining unimproved Maine Street right-of-way. In order
to facilitate the use and expansion of the existing public retention pond, the applicant is proposing to deed
additional land to the City. This land will include some areas of the expanded retention pond and also provide
for park space. The park will be constructed and amenities provided by City Center West Orange.
FIRST READING OF ORDINANCE
18. First Reading of Ordinance for Ocoee Landings Planned Unit Development (PUD)
Substantial Amendment to the Approved PUD Land Use Plan (PUD/LUP); Project
No: RZ-18-09-14. (Second Reading and Public Hearing Date scheduled for February 5, 2019, Regular
Commission Meeting at 6:15 PM or soon thereafter.) (City Planner Rumer)
The Ocoee Landings Planned Unit Development (PUD) which was approved on October 20, 2015 consists of
a mixed-use development consisting of 9.15 acres of residential and 6.89 acres of commercial. The residential
portion of the project is proposed at a maximum of fifty (50) dwelling units. The typical lot size proposed is
50’ x 110’ (5,500 sq. ft.). The minimum living area is 1,400 sq. ft. There are three passive recreation areas
with two tot-lots proposed on the LUP/PSP. The subdivision will be un-gated with public streets. As shown
on the plans, the four (4) commercial lots will have access on Silver Star Road and Lake Johio Drive. The
commercial portion will consist of 6.89 acres of C-2 (Community Commercial) uses with certain uses
(Automobile Sales, Hotel, Motel) excluded. Special Exception uses allowed will require a Special Exception
Site Plan approval before permitting. The Future Land Use designation is “Low Density Residential” which
allows up to 4 dwelling units per acre. On April 19, 2016, the City Commission reviewed and approved a
non-substantial amendment to the PUD/Land Use Plan for Oak Trail Reserve PUD. There were three (3)
waivers from the Land Development Code that were approved. First, the Applicant received a waiver from
Table 5-1 Permitted Use Regulations to allow drive-in restaurants within two hundred (200) feet of residential
property. The reason for the waiver is because of the mixed-use characteristics of the PUD, the residential lots
will be less than 200 feet from the commercial out parcels. The second waiver approved is for the commercial
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Regular City Commission
January 15, 2019
building setback of 50 feet against residential use to be reduced to 25 feet on Lots 3 and 4 only. Again, the
mixed-use characteristic of the PUD makes for a more compact development pattern. The third and final
waiver granted reducing the PUD 25 feet minimum building setbacks for the residential portion of the PUD.
Staff supports all waivers as requested on the LUP/PSP. The Developer of the PUD has brought in
KHovnanian Homes as the builder of the residential section of the PUD. The builder is requesting a change to
the front setback from its current 25 feet to a reduced setback of 20 feet. The request is to provide enough lot
coverage for a popular model home which will upgrade the community.
SECOND READING OF ORDINANCE – PUBLIC HEARING
19. Second Reading of Ordinance for Amaran Property – 403 2nd Street Annexation and
Rezoning; Project No(s): AX-08-18-76 & RZ-18-08-13. (Advertised in the West Orange Times
on Thursday, November 22, 2018 and Thursday, November 29, 2018 and continued from the December 4,
2018 City Commission Meeting. This Second Reading of Ordinance and Public Hearing has been
canceled.) (City Planner Rumer)
REGULAR AGENDA
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.
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