HomeMy WebLinkAbout03-05-2019 Agenda OCOEE CITY COMMISSION
Ocoee Commission Chambers
150 North Lakeshore Drive
Ocoee,Florida
MARCH 5,2019 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
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 February 19,
2019. (City Clerk Sibbitt)
2. Approval to Award Phase II - Landscape Enhancement of Old Winter Garden Road
Medians between South Blackwood Avenue and Hempel Avenue to BrightView
Landscape Services. (Deputy Development Services Director/CRA Administrator Corless)
Last fiscal year,the Community Redevelopment Agency(CRA)funded the enhancements to the landscape in
the Old Winter Garden Road medians between Maguire Road and S.Blackwood Avenue(Phase I).BrightView
Landscape Services installed and now maintains the Phase I improvements.This project is intended to continue
the planting design that was implemented last year. The reason enhancements are needed is the existing
landscape in medians of Old Winter Garden Road,east of Blackwood Avenue,is in poor condition and detracts
from the overall aesthetics of the Redevelopment District. The CRA identified this project in their FY 18-19
Budget.BrightView Landscape Services is currently under contract to provide landscape maintenance and upon
request may provide a proposal to improve the City's landscape areas. The City's Urban Designer/Landscape
Architect prepared design documents directing the replacement of top soil,use of soil amendments, a detailed
planting plan that includes plant materials that complement Phase I of the Old Winter Garden Road median
planting,and specified the need to upgrade irrigation to properly meet the new landscape design. BrightView
Landscape Services prepared a proposal to install the median landscape enhancements based on the City's
design and installation documents.This request meets the City's purchasing guidelines.
3. Approval of a Two-Year Warranty Surety and Maintenance, Materials, and
Workmanship Agreement with Standard Pacific of Florida GP, Inc., for Phase 3A and
3B of the Arden Park North Subdivision. (Development Engineer Womack)
Arden Park North is a large single-family residential subdivision located north of Clarcona-Ocoee Road
between Clarke Road and Ingram Road. Construction of the Arden Park North subdivision is planned to be
developed in six phases. Phases 3A and 3B contain 116 detached single-family homes. The developer has
completed construction of the infrastructure improvements for Phases 3A and 3B and has requested a Certificate
of Completion for these phases. The infrastructure improvements include the water, sanitary sewer, and
reclaimed water utilities,the streets and stormwater collection system, and the perimeter wall and associated
landscaping. All identified punchlist repairs have been completed, minus some perimeter fencing and site
lighting,and the developer is ready to start the two-year warranty period for the reclaimed water improvements.
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March 5,2019
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.Standard Pacific of Florida GP,Inc.,has provided the City with a Letter of Credit in the amount of 10%
of the constructed improvements. The Maintenance, Materials, and Workmanship Agreement 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 those two years.
4. Approval for Declaration of Surplus Property for Fiscal Year 2018/2019. (Purchasing
Agent Tolbert)
The City is currently under contract with George Gideon Auctioneers(Gideon),Zellwood,Florida for the public
sale of the City's surplus property, which piggybacks Lake County's terms and conditions. Due to market
demand,Gideon is now performing online auctions only;however,Gideon will continue to act as the dealer in
transferring all titles and collecting sales tax,collecting payments,taking auction pictures and listing each item,
which includes answering questions and showing the items to the public. Any items that do not sell would be
listed again, or other selling options will be explored by Staff and brought back to the City Commission for
approval.The surplus items will be delivered or transported by Gideon to the Gideon property located at 2753
N. Hwy. 441, Zellwood, FL 32798. The public viewing of items at the auction site is during business hours
from 9:00 a.m. to 4:00 p.m., 3:30 p.m. for vehicles. A link to the City's surplus auctions on Gideon's auction
site will be placed on the City's website. The notice of auction will be advertised in the Orlando Sentinel,the
West Orange Times,and the City's Internet site.
5. Approval for Amendment of the Combined Operational Assistance and Voluntary
Cooperation Mutual Aid Agreement. (Police Chief Brown)
The Ocoee City Commission previously approved the Combined Operational Assistance and Voluntary
Cooperation Mutual Aid Agreement with the Orange County Sheriff's Office on April 18,2017.With the recent
election of Sheriff John Mina, the agreement must be updated to reflect the name and signature of the new
sheriff. It is beneficial to the Ocoee Police Department and the Orange County Sheriff's Office to receive and
extend mutual aid in the form of law enforcement services and resources to adequately respond to intensive law
enforcement situations including,but not limited to,emergencies as defined under Florida Statute 252.34;and
continuing, multi jurisdictional law enforcement problems, so as to protect the public peace and safety and
preserve the lives and property of the people.
6. Approval to Purchase Two Fully-Equipped Yamaha Motorcycles from Sole Source
Provider Global Enforcement Motors, Inc. (Police Chief Brown)
For the 2018-2019 budget year, the Police Department budgeted $53,000 for the purchase of two new police
motorcycles.The Police Department is requesting to purchase Yamaha motorcycles from Global Enforcement
Motors who can provide all the custom needs and specifications to the motorcycles that the Police Department
is requesting.Global Enforcement Motors,Inc.,has provided a sole source letter stating for the past seven years
they are the"one stop shop"for Yamaha motorcycles and will provide all the modifications to the motorcycles
before they are shipped. Once the motorcycles arrive,they will be ready for use. Global Enforcement Motors
has provided an invoice for two Yamaha motorcycles that come under budget.
7. Approval of Litigation Services with DeYoung Law Firm,P.A.,for Contested Red Light
Camera Citations. (Police Chief Brown)
The City of Ocoee Police Department attends regularly scheduled red light camera hearings when a violator
contests a uniform traffic citation from a red light camera violation. In court a violator's attorney has argued
police officers cannot lay predicate and testify to red light camera violations without an attorney representing
the City. Erin L. DeYoung, of DeYoung Law Firm currently represents six different municipalities in the
Central Florida area at their red light camera hearings. DeYoung Law Firm will provide litigation services on
an as needed basis as requested by the City of Ocoee Police Department and agreed upon by the Contractor,
but the primary litigation service being provided will be representing the City of Ocoee Police Department at
monthly red light camera hearings.The litigation services will be billed by the DeYoung Law Firm,P.A.,at a
rate of$200 per hour in fifteen minute increments.
8. Approval of Stormwater Division Budget Reallocation. (Public Works Director Krug)
The budget for the Stormwater Division of Public Works includes funding designated for Debt Service in
anticipation of financing the Downtown Master Stormwater System project. The project continues to move
forward utilizing available funding without the need for obtaining financing at this time. Due to the positive
financial position of the project, Public Works is requesting Commission approval to reallocate Stormwater
funds currently designated for debt service. The current amount allocated to Debt Service in the Stormwater
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March 5,2019
budget is $1,400,000.00. Public Works is requesting a total of$250,000.00 be reallocated to two projects; 1)
$200,000.00 to the Bluford Avenue Improvement Project to cover the construction costs for the stormwater
system redesign due to unanticipated existing utilities and 2) $50,000.00 for Contractual Services for the
unanticipated increased Florida Department of Environmental Protection (FDEP) monitoring requirements
mandated in the City's National Pollutant Discharge Elimination System (NPDES) permit. Public Works
recommends the reallocation.
9. Approval of Change Order No. 1 for the Lakefront Park Improvements in the Amount
of$66,944.67. (Support Services Director Butler)
The City Commission awarded the work of constructing Phase 1 of the Lakefront Park Improvements project
to MARBEK Construction,Inc.A major element of that work is construction of a new parking lot between the
Lakeshore Center and Bluford Avenue. The City Utilities Department is decommissioning the existing City
Hall lift station and replacing it with a larger facility across the street that will also provide service to the
downtown commercial area. A connecting pipe is needed to link the existing lift station to the new one. This
pipe needs to be installed before the new parking lot is constructed.
10. Approval to Proceed with Phase 2 Design Task Order Under the Existing Agreement
to the Lakefront Park Improvements and City Hall Relocation Projects. (Support
Services Director Butler)
Lakefront Park Improvements is a capital project included in the City's list of approved investments using funds
allocated from the 2017 General Fund Capital Bond Issue and was one of the primary focal points of the
Downtown Master Plan. The project consists of multiple construction phases, as some parts of the project
depend on removal of the existing city hall. The total project budget is roughly$9 million,with an anticipated
$3,042,000 coming from the capital bond fund. The design for Phase 1 has been completed and work needs to
begin on Phase 2, which encompasses the block to be occupied by the new Ocoee City Hall and other
improvements. These other improvements are currently proposed to be an event pavilion and a small splash
pad facility to the east of City Hall and a trailhead structure for the new West Orange Trail Connector along
Bluford Avenue. Onsite parking for the new City Hall is also part of this phase of the work. The design form
of S&ME was awarded the work of Lakefront Park Improvements design for all phases of the work at the City
Commission's June 20, 2017 meeting. S&ME is also part of the team led by Wharton-Smith that the City
Commission more recently awarded the task to design and build the new City Hall. The proposed scope of
work for Phase 2 design would develop a complete conceptual design for the entire block, 30% design
documents for the park amenities(event pavilion and splash pad),and 100%design for the City Hall area.The
limitation on doing a full design of the park amenities is the current lack of funding. Full design documents
would be prepared under a future change order once funding for this part of the work is provided. Because of
the interaction between Phase 1, which is now under construction, and Phase 2, it is recommended that the
scope of work include a maximum limiting fee allowance of$12,500 (including reimbursable expenses) for
contract administration assistance with Phase 1.
11. Approval of Change Order No. 1 for the Windermere Groves Reclaim Retrofit Project.
(Utilities Director Smith)
The Lake Bennet Centre(circa 1996), Blackwood at Ocoee Commons(circa 2005),Crestwood Heights(circa
2006),Bank of America(circa 2006),The Shoppes of Ocoee(circa 2007),and Rx30(circa 2011)are supplied
with potable water from the water main running parallel to West Colonial Drive(S.R.50).During a main break,
maintenance,or etc.,the City may need to isolate sections of the water main on West Colonial Drive(S.R.50).
In doing so,residential homes or businesses would cease to be supplied with potable water.In 2016,the Utilities
Department installed a temporary 2-inch line connecting the dead-end of an 8-inch water main running parallel
along the south right-of-way of Sedalia Street to an 8-inch water main running parallel along the east right-of-
way of Blackwood Avenue. This would act as a temporary fix to create a loop system to keep potable water
supplied to all residential homes and businesses during isolation of the water main. In 2018 the Utilities
Department designed the replacement of the 2-inch line with an 8-inch water main to increase the volume of
potable water supplied to be efficient for fire flow(minimum pipe diameter of 6-inches)during a valve closure.
City staff sought proposals from the City approved small construction contractors for the installation of the 8-
inch water main connection.Two contractors responded with proposal amounts of$62,815.00 and$100,480.00.
City staff subsequently sought a proposal from Tri-Sure Corporation as they are doing similar work for the
Windermere Groves Reclaim Retrofit Project.Tri-Sure Corporation sent a proposal in the amount of$42,018.00
using 8-inch HDPE pipe in lieu of 8-inch Ductile Iron Pipe(D.I.P.).
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12. Approval of Residential Plumber for the Kimball Area Water Main Upgrade Project.
(Utilities Director Smith)
The Kimball Area Water Main Upgrade Project,awarded by the City Commission on July 17,2018,is nearing
completion as the new potable water mains have been installed underground. The contractor(Central Florida
Tapping and Construction Services,Inc.)has yet to abandon the old potable water mains due to the absence of
the connection of the existing plumbing of 108 residential homes to the new water meters installed in the front
yard.In order for the contractor to abandon the old water mains,residential plumbing services will be required.
The Finance Department sent out a Request for Qualifications for Residential Plumbing Services (RFQ#19-
002)for 108 residential homes with a Bid Opening on October 23,2018. Upon time of the Bid Opening,there
were no bidders for RFQ #19-002. City Staff reached out to multiple plumbers stationed in and around the
Ocoee area with no success. The Utilities Department decided to let City staff do the plumbing work for 58
residential homes and reached out to residential plumbers for the remaining 50 residential homes.The Utilities
Department received proposals for 50 residential homes from A-1 Service Plumbing, Inc.,and Josko Services
in a total amount of$92,500.00 and $188,000.00 respectively. Staff is recommending the acceptance of A-1
Service Plumbing, Inc., proposal in the total amount of $92,500.00 to move forward with the residential
plumbing of the remaining 50 homes in order for the contractor to finish the Kimball Area Water Main Upgrade
Project.
PUBLIC HEARING
13. Sale of Property Located in Northeast Quadrant of Clarke Road and AD Mims Road
to Meritage Homes of Florida. (Advertised in the Orlando Sentinel on Tuesday, February 26, 2019)
(Assistant City Manager Shadrix)
The City acquired 12 acres of land(Parcel No. 09-22-28-0000-00-05)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 the former Silvestri 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 City has had this land under contract to sell
previously. The City obtained an appraisal for the Property prepared by DeRango, Best & Associates dated
April 17, 2018. The appraisal valued the 8.5 acre portion of the land at $1,105,000. On November 20, 2018,
the City authorized City Staff to proceed with negotiations for the sale of the 8.5 acre portion of the land to
Meritage Homes of Florida,Inc.,after receiving an unsolicited offer from Meritage to purchase such land. City
Staff and Meritage have now completed the negotiations and have agreed on the terms of such sale. Meritage
Homes of Florida, Inc., wishes to purchase the 8.5 acres for$1,100,000.00 with the purpose of developing a
residential subdivision containing approximately sixty-four(64)townhomes.The Property is located within the
northeast quadrant of Clarke Road and AD Mims Road. The Property does not include the approximately 3.5
acres at the immediate Clarke Road and AD Mims Road corner;this land is intended to be retained by the City
and eventually developed for a commercial use. Pursuant to Section C-8(B)(1) of the City Charter, the City
Commission must approve the sale at an advertised public hearing.The Purchase and Sale Agreement does not
become effective until approved by the City Commission and executed by the Mayor.
FIRST READING OF ORDINANCE
14. First Reading of Ordinance for Harper Property — 1304 East Silver Star Road
Annexation and Rezoning; Project No(s): AX-01-19-79 & RZ-19-01-17. (Second Reading
and Public Hearing Date scheduled for March 19, 2019, Regular Commission Meeting at 6:15 PM or soon
thereafter.) (City Planner Rumer)
The parcel is located on the northeast side of 3`1 Street,north side of E. Silver Star Road,is approximately 1.26
acres with one(1)existing single family residence.The Parcel Identification Number is 17-22-28-0000-00-048.
The Applicant is annexing into the city limits because the property owners are now eligible to do so since it is
bordered by property located within the City limits on the south and east.This proposed annexation is a logical
extension of the City limits, urban services can be provided, and the annexation meets state and local
regulations.Because this property is part of an enclave in the City, it already benefits from Ocoee Fire Rescue
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March 5,2019
services via a joint "First Responder" Agreement with Orange County. This parcel will receive a C-1
(Neighborhood Shopping)zoning upon annexation.
a) First Reading of Annexation Ordinance
b) First Reading of Rezoning Ordinance
SECOND READING OF ORDINANCE—PUBLIC HEARING
15. Second Reading of Ordinance Adding Article V to Chapter 108 of the City of Ocoee
Code of Ordinances Relating to Fire Safety Inspections. (Advertised in the West Orange Times
on Thursday, February 21, 2019.) (Support Services Director Butler)
Chapter 108 of the City Code provides minimum standards for residential,commercial,and industrial properties
in the city.Fire safety inspections conducted by the Ocoee Fire Department are not explicitly addressed,as the
ordinance only speaks generally of including fire hazard review as part of the overall minimum standards
inspection for commercial and industrial properties. State law requires the City to conduct specific fire safety
inspections using certified persons employed by the Fire Department.These inspections are more detailed than
implied by the current statutory wording in City Code. City staff recommends the City Commission adopt the
proposed changes to Chapter 108,which will add a new Article V to address the specific needs for fire safety
inspections.
REGULAR AGENDA
16. Appointment of One (1) Member to the 2019 Canvassing Board. (City Clerk Sibbitt)
In accordance with Section C-50 of the Ocoee City Charter, the Canvasing Board will consist of three (3)
citizens appointed by the City Commission. On February 5, 2013,the consensus of the Commission was that
the Mayor and two(2) Commissioners whose district seats are not part of the election should each select one
(1) member for the Canvassing Board. In keeping with that practice, Mayor Johnson, Commissioner Wilsen
and Commissioner Oliver would each need to appoint a member for the Canvassing Board. The Canvassing
Board will meet on Tuesday, March 12,2019,at 4:00 p.m., and Thursday, March 14,2019,at 2:00 p.m.at the
Supervisor of Elections Office, 119 West Kaley Street, Orlando. The process of canvassing and auditing the
election results may take several hours.On February 19,2019,the City Commission made a motion to appoint
Jean Grafton and Bill Maxwell to the Canvassing Board. Commissioner Oliver was not present to submit his
appointment;however,he contacted City staff with his appointment of Gregory Keethler.
17. Discussion of an Unsolicited Offer from VMG to Develop a Two-Story Commercial
Building on City-Owned Property Located at 2 North Bluford. (Assistant City
Manager Shadrix)
During strategic planning exercises with the City Commission almost four years ago, the City Commission
harmoniously directed staff to pursue a plan to revitalize and redevelop the area historically referred to as
downtown. Since that time, the City adopted a downtown masterplan and secured funding for the projects
deemed crucial in the master plan, all while lowering taxes. The downtown master plan projects are well
underway with Bluford Avenue nearing completion,the Lakeshore Center expansion nearing completion, and
several streets,the Lakefront Park,and a new City Hall under design. With the initial phases of the downtown
revitalization effort underway, attention must be given to economic development efforts to bring additional
businesses and consumers to the downtown area. During February, the City Commission officially rescinded
its consideration of city-owned property located at 2 North Bluford for an unsolicited bed and breakfast
proposal. During recent weeks, another unsolicited proposal has presented an opportunity for the City
Commission to consider. Staff has created a vision for the property at 2 North Bluford that is compatible and
representative of good economic development of downtown parcels. During a recent meeting with VMG
Construction, Inc.,regarding a different project,their representatives offered to build the City's rendered plan
in exchange for the property located at 2 North Bluford. The City's plan includes a commercial building that
would include restaurant and office space, and would cost a developer approximately $4 to $5 million to
construct. Following VMG's offer,the City Attorney prepared a letter of intent outlining the basic terms of an
agreement for them to construct the building as illustrated and receive the title to the property upon issuance of
a certificate of occupancy.The City would reserve the right to maintain any necessary easements on the property
as part of this transaction. During the previous commission meeting, the City Commission authorized
expenditure of City funds to demolish the existing structure on the property following the expiration of its use
as a staging facility for Oelrich Construction for the Bluford Avenue Streetscape Project.
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18. Discussion and Direction for Sale of Ocoee Apopka Road Property Located Adjacent
to Ocoee High School. (Assistant City Manager Shadrix)
In the year 2000,the City acquired 318±acres of land from the Coca Cola Company known as the Crown Point
Property for a total price of$3,750,000.00,bringing the price per acre of parcels to$11,792.45.Since that time
the City has selectively sold off pieces of the property. The most recent of these transactions was the 303 lot
subdivision developed by Mattamy Homes. In late 2018, the City received an unsolicited offer from Summit
XV Holdings LLC for the purchase of approximately 13.51 acres for$93,750 per acre of the Crown Point PUD
that includes the following tracts: 6C, 6E, 6F, 6G, 20, 27, and 33. These tracts range in uses from "village
center" to "mixed use," and development standards in the PUD require an urban style of development.
Additionally,the adopted traffic mitigation plan requires that Tract 33 be constructed as an urban street section
(referred to as Main Street)that connects Crown Point Parkway to Ocoee Apopka Road.On December 4,2018,
following receipt of the Summit Offer, the City Commission directed City Staff to obtain an appraisal of the
Property. City Staff obtained the appraisal prepared by Property Valuation & Consulting, Inc., and dated
December 27, 2018, which valued the property at $2,920,000. On December 5,2018, the City received an
unsolicited offer from The Keewin Real Property Company to purchase the property for$100,280 per acre.On
February 18,2019,the City received an unsolicited offer from Meritage Homes of Florida,Inc.to purchase the
property for$108,709 per acre.
19. Purchase of Gettings Studio Property located at 275 North Lakeshore Drive. (Assistant
City Manager Shadrix)
As part of the City's downtown master planning process,City Staff identified the Gettings Studio property(the
"Property") as a potential parcel that could be used for a variety of uses to enhance the public's use and
enjoyment of Starke Lake. The owner of the Property has expressed an interest in selling the Property to the
City.City Staff and the owner's representatives have met and agreed on the basic terms of a transaction whereby
the City would acquire the Property and the owner would remain an occupant of the building for a period of
time.Under the agreement,after closing on the purchase,the City would have the right to use and develop the
Property in a way that would not interfere with the owner's continued use. The City obtained an appraisal for
the Property prepared by Property Valuation & Consulting, Inc., dated November 12, 2018. The appraisal
valued the Property at $1,920,000. City Staff believes that purchasing the Property for $2,500,000 which is
over and above the appraised value is justifiable. First, the terms of the purchase are favorable to the City.
Rather than having to pay for the full purchase price at closing, the City can spread out the payments over a
five(5)year period. In addition,the unique use of the building(recording studio)the value of the Property is
greater as a recording studio than any other use. The owner has indicated that they have received more
substantial offers from others to purchase the Property and continue the use as a recording studio. City Staff
believes that due to the unique location of the Property and the importance of the Property in the redevelopment
efforts along Starke Lake, losing the opportunity to purchase the Property to a use that would not enhance the
redevelopment efforts along Starke Lake would be short-sighted.
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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