HomeMy WebLinkAbout06-18-2019 Agenda
OCOEE CITY COMMISSION
Ocoee Commission Chambers
150 North Lakeshore Drive
Ocoee, Florida
JUNE 18, 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 - None
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 June 4, 2019.
(City Clerk Sibbitt)
2. Approval of New Appointments to the Citizen Advisory Council for Ocoee Police
Department. (City Clerk Sibbitt)
Members of the Citizen Advisory Council for Ocoee Police Department serve a three-year term. The
Resolution creating the Board allows no more than fifteen (15) members. Currently, the Board has eleven (11)
members. Two applications were received by Annette Wilson-Brown and Darryl Braunskill, Sr., who have
shown an interest in being appointed to the Citizen Advisory Council for Ocoee Police Department for a term
ending January 2022.
3. Approval of Scope of Work and Fee Proposal from GAI for the CEI Services for
Medians on State Road 50 for the FDOT Beautification Grant. (Deputy Development
Services Director/CRA Administrator Corless)
On September 18, 2018, the City executed an agreement (JPA) with the Florida Department of Transportation
(FDOT) for funds to landscape the medians of State Road (SR) 50, between SR 429 and Good Homes Road.
Based on the City’s request, FDOT has awarded the project a total of $775,000 to be reimbursed to the City
over two fiscal years. FDOT will reimburse the City the costs for the purchase of plant materials, fertilizer, soil
amendments, mulches, staking, and labor associated with the installation of the planting. The City is responsible
for all other costs including the preparation of construction documents that comply with FDOT design criteria,
cost of securing the services of construction engineering and inspection (CEI), and irrigation. The project must
be completed prior to June 30, 2020. The JPA stipulates the City must enlist the services of a FDOT certified
CEI professional and that person or firm may not be an employee of the City nor can they be the landscape
architect of record. Therefore, staff requested a proposal from GAI Community Solutions Group, one of the
City’s continuing landscape architecture firms to provide the required CEI services.
Regular City Commission
June 18, 2019
4. Approval of an Amendment to the Tomyn Road Right-of-Way Development
Agreement. (City Planner Rumer)
On February 16, 1999, the City Commission approved and executed a Development Agreement with Heller
Bros. Groves and Centex Homes. The Development Agreement functioned to terminate a Development
Agreement (Heller Bros. Development Agreement) and provided for the conveyance of right-of-way from
Heller and Centex Homes for a new alignment of Tomyn Boulevard and the conveyance of a future “North
Road” from Heller to the City of Ocoee. This new alignment will be called “Heller Boulevard.” Section 8 of
the agreement specifically states “A new road (North Road) shall be constructed at City expense extending
northward from the re-aligned Tomyn Road (Tomyn Blvd.) to the existing Tomyn Road, north of the Heller C-
3 Property and for Heller to donate to the City the right-of-way for North Road and a drainage easement over
the Tract T Pond to accommodate drainage and retention necessary for North Road.” Other Surviving
Covenants from Purchase Agreements between Heller Bros. and the City exist with regards to the Heller
Properties on Maguire and Tomyn Road, which will be incorporated into the Amended agreement as they are
difficult to find in file storage and they are not recorded as Development Agreements.
5. Approval of Mid-Year Purchase of Police Vehicles. (Police Chief Brown)
The City of Ocoee Police Department desires to purchase three patrol vehicles and one community service aide
vehicle for $152,000, funded from police impact fees. Three police officers and a community service aide were
added to the current budget in the final stages of the budget process in 2018. These approved positions did not
include the purchase of vehicles. Utilizing existing impact funds, the vehicles will be purchased using the
current Florida Sheriff’s Association Purchasing Contract pricing: Three (3) Marked Police Utility Vehicles at
a cost of $40,000.00, each. (New); One (1) Community Service Aide Utility Vehicle @ $32,000.00 (New).
6. Approval of the Third Amendment to Hearing Officer Services Agreement. (Police
Chief Brown)
On September 16, 2014, in response to an RFQ for hearing officer services for red light camera violations, the
City Commission approved a response by and entered into a contract with Shepard, Smith & Cassady, P.A.
(now Shepard, Smith, Kohlmyer & Hand, P.A.), Attorney Andrew Hand, for hearing officer services. On
January 17, 2017, the City Commission approved Ordinance 2017-05 which established an office of Special
Magistrate to hear code enforcement matters, and on February 7, 2017, the City Commission amended
Mr. Hand’s contract to allow him to serve as the City’s Special Magistrate for code enforcement matters. The
original term of the contract was for a three-year term with two automatic one-year extensions. The parties now
wish to extend the current contract for an additional three-year term with two automatic one-year extensions.
7. Approval of a Traffic Enforcement Agreement with Wesmere Maintenance
Association, Inc. (Police Chief Brown)
A Traffic Enforcement Agreement is being requested between the City of Ocoee and Wesmere. The term of
this agreement shall be two (2) years from the effective date. This agreement will automatically renew for an
additional two-year term at the end of each two-year terms unless the agreement has been terminated in
accordance with the contract.
8. Approval of Federal Fiscal Year 2018 Edward Byrne Memorial Justice Assistance
Grant Program (JAG). (Police Chief Brown)
This year $11.000.00 has been made available for the City of Ocoee Police Department through the Edward
Byrne Memorial Justice Assistance Grant (JAG). The Byrne Memorial Justice Assistance Grant (JAG) Formula
Program Committee wishes to submit the 51% Letter to the Office of Criminal Justice Grants in Tallahassee.
This letter lists the various programs for which the participating law enforcement agencies in Orange County
plan to spend the $324,879.00 allocated to them. If approved, the City of Ocoee will receive $11,000.00 to
purchase Traffic Safety and Education Equipment.
9. Approval to Expand the Body Worn Camera Program and Consolidate Contracts.
(Police Chief Brown)
The City of Ocoee Police Department has a Body Worn Cameras (BWCs) program. In an effort to expand the
program, the Police Department would like to purchase 25 additional cameras with unlimited storage to outfit
the new patrol officers and expand camera usage within the Department. Each BWC comes with unlimited
storage and an electronic control device (ECDs). Additionally, this contract includes a complete upgrade of all
of existing ECDs, and additional software features which will increase efficiency in the analyzation of data,
redacting video footage, and accessing cameras. The initial cost in this budget year would be $142,999.82 with
subsequent yearly costs for four years being $177,379.09 each year.
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Regular City Commission
June 18, 2019
10. Approval of Fleet Fuel Tracking System Upgrade with Trak Engineering, Inc. (Public
Works Director Krug)
The City budget included an upgrade to the Fleet Division’s existing fuel tracking system. The existing single
computer/radio communication based system functions well, but has been susceptible to lightning strikes.
Public Works has investigated various systems and has found the most cost effective and improved upgrade to
the existing system is to a cloud based tracking system which will provide unlimited access points for each fuel
station throughout the City. This upgrade will provide the instant data required to rectify fuel deliveries with
usage. The budget incorporated $190,000 towards adding another fuel tank at Public Works and upgrading the
tracking system. Public Works recommends Commission approval to allocate the $32,389 cost for the upgrade
from the budget.
11. Approval of Budgeted Vehicle Purchase Price Increases. (Public Works Director
Krug)
The current City budget included the financed purchase of four (4) Ford Explorers for the Police Department
and one (1) Ford Escape for the Parks and Recreation Department. Financing was secured at the 2019 model
year prices; however, the manufacturer is implementing major body style changes for the 2020 model year at
an increased price. This price increase is being brought before the Commission as an information item notifying
of the increased capital expenditure. The financed portions of the vehicles will remain as previously approved
and the respective Departments will cover the price increase from their budgets. The price increase is $1,580.00
for the Escape and $1,895.00 per Explorer, or $7,580.00 for all four. Public Works recommends approval of
the expenditure.
12. Approval of Scope of Work and Fee Proposal from GAI to Provide Design and
Engineering for the Master Downtown Stormwater System. (Public Works Director
Krug)
GAI Community Solutions Group was awarded the Master Downtown Stormwater System design and
engineering contract. This firm is now ready to proceed with design and engineering services for the Master
Downtown Stormwater System. Staff recommends that the Honorable Mayor and City Commission authorize
staff to prepare a purchase order in the amount of $404,662 for GAI Community Solutions Group to provide
design and engineering for the Master Downtown Stormwater System. The design and engineering of the
Master Downtown Stormwater System is included in the Downtown Capital Investment Program, Master
Stormwater System; in which, $8.1 million dollars was allocated to Master Downtown Stormwater System
project for property acquisition, planning, design, engineering, and implementation.
13. Approval to Award RFQ #19-007 Owner’s Representative for the New Ocoee City Hall
to ZHA, Inc. (Purchasing Agent Tolbert)
In compliance with Chapter 21 of the City’s Code of Ordinances, the City solicited statements of qualifications
from qualified firms or individuals to provide Owner’s Representative Services for the New Ocoee City Hall.
The Owner’s Representative shall provide professional construction management services for the design and
construction and post-construction through City occupancy of the New Ocoee City Hall project awarded to the
Design-Build team of Wharton-Smith, Inc./HuntonBrady Architects. The RFQ was advertised on April 21,
2019 and was publicly opened on May 14, 2019. There were ten (10) responses submitted. The Finance and
Utilities Departments reviewed the qualification statements and all were considered responsive. The ten (10)
responses were evaluated by the RFQ Evaluation Committee. The first public RFQ Evaluation Committee
meeting was held on May 20, 2019 with the Evaluation Committee evaluating and short-listing the firms on
specific evaluation criteria. The second public RFQ Evaluation Committee meeting was held on May 29, 2019
for the purpose of interviewing the three (3) short-listed firms, and finalizing the shortlist for recommendation
of award. The evaluation committee recommends contracting with the top ranked firm, ZHA, Inc.
14. Approval of Ground Lease of City Owned Property Located at Sorenson Park with
TNXL Baseball Academy. (Assistant City Manager Shadrix)
On May 7, 2019, the Ocoee City Commission directed staff to proceed forward with a lease agreement with
TNXL Baseball Academy, which would allow construction of a baseball training facility at Sorenson Park and
use of the fields from 9-4:30. As previously presented to the Commission, this TNXL Baseball Academy brings
a renowned baseball program to the City, which will bring large numbers of scouts from colleges and Major
League Baseball, and it should bolster economic development efforts of both the Downtown Redevelopment
Area and the West Road Interchange. As directed by the Commission and outlined on May 7th, the lease
includes a $3,500 per month payment, an annual increase of 3%, and the lease is for ten years with an option
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Regular City Commission
June 18, 2019
to renew for another ten years. Additionally, the lease provides that TNXL Baseball Academy will provide free
coaching clinics for the City's younger players in the Babe Ruth League. TNXL players will volunteer four
hours per month to help participants in the Babe Ruth League. TNXL Coaches will provide one month of hourly
instruction to the City's Babe Ruth League players and volunteer parent coaches. The TNXL hitting facility
will be available to Babe Ruth League players for two hours every other week, and TNXL will offer
scholarships to qualified Ocoee residents at a rate of one for every 25 paid players upon submission of a
scholarship request form.
15. Approval of an Unsolicited Proposal for Public Private Partnership for Fire Station
and Equipment. (City Attorney Cookson)
The City has contemplated constructing a fire station in District 1 for several years. Currently, one engine is
manned from a temporary station located within the Publix Shopping Center at Fountains West (West Road).
The owner of the shopping center has notified the City that the lease will not be renewed and will terminate on
December 31, 2019. Pursuant to Section 255.065, Florida Statutes (hereafter the "P3 Law"), public-private
partnerships are permissible when pursued in accordance with Florida law so as to allow for greater private
sector participation in the delivery and financing of public buildings and infrastructure projects. The City
Manager received an unsolicited proposal dated October 23, 2018 from Summit Construction to construct a
new fire station by creating a public-private partnership. Since the proposal is for a new fire station (and thus a
qualifying project under the P3 Law), the City may proceed with consideration of the Summit proposal as long
as the procedural elements of the P3 Law are met. At this point in time, the City Commission is asked to decide
whether the City should move forward with consideration of the unsolicited proposal by providing the requisite
notice. If the City intends to move forward with the unsolicited proposal, the City Manager should be authorized
to hire a consultant to assist in evaluating the unsolicited proposal as well as any other proposals received in
response to the notice.
PUBLIC HEARING - None
FIRST READING OF ORDINANCE
16. First Reading of Ordinance for Orange County Public Schools - Substantial
Amendment to the Ocoee Crown Point Planned Unit Development (PUD); Project No:
RZ-19-05-05. (Second Reading and Public Hearing scheduled for July 16, 2019, Regular Commission
Meeting at 6:15 pm or soon thereafter.) (City Planner Rumer)
This project was initiated as a joint venture between the City of Ocoee and Orange County Public Schools.
Prior to purchasing the 360-acre property, a feasibility study was conducted to ascertain the development
potential of the property and to identify the best mix of future uses to benefit both parties. On September 15,
2015, the Ocoee Crown Point PUD was amended to change the land use of Tract 3 from park to residential,
and the maximum number of single-family dwelling units from 264 to 333. OCPS currently owns several tracts
within the PUD, including those that consist of the existing Ocoee High School, and a proposed elementary
school. Several of the other tracts owned by OCPS are intended to be used for workforce education. The specific
tract modifications being proposed for this use in the amendment are as follows: Change the land use of Tract
13 and 41 from bus depot/townhome and stormwater drainage to workforce education/townhomes; change the
land use of Tract 7A and 7B from workforce education to workforce education/townhomes; change the land
use of Tract 34 from right-of-way to workforce education/townhomes.
SECOND READING OF ORDINANCE – PUBLIC HEARING
17. Second Reading of Ordinance for RusTeak - 11077 Roberson Road Annexation, Small
Scale Comprehensive Plan Amendment and Rezoning to Commercial; Project No(s):
AX-04-19-81, CPA-2019-003, RZ-19-04-04. (Advertised in the West Orange Times on Thursday,
June 6, 2019) (City Planner Rumer)
The subject property is +/- 2.88 acres and located at 11077 Roberson Road, approximately 280 feet west of the
intersection of Maguire Road and Roberson Road. The parcel contains one (1) single-family residence. The
subject property is considered contiguous to the City of Ocoee since it’s bordered by property located within
the City limits on the south and eastern boundary. The applicant has requested a City of Ocoee zoning
designation of C-3 (General Commercial) upon annexation. According to the Land Development Code, the C-
3 zoning designation is intended for areas shown on the Future Land Use Map as “Commercial”. The C-3
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Regular City Commission
June 18, 2019
zoning designation is consistent with the proposed future land use designation of “Commercial.” Because the
property is part of an enclave in the City, it already benefits from Ocoee Fire Rescue services via a joint “First
Responder” Agreement with Orange County. 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.
a) Second Reading of Annexation Ordinance
b) Second Reading of Small Scale Comprehensive Plan Amendment
c) Second Reading of Rezoning Ordinance
18. Second Reading of Ordinance for Ocoee Village Center PUD Large Scale
Comprehensive Plan Amendment and Rezoning to Planned Unit Development/Land
Use Plan (PUD/LUP) with Approval of the Development Agreement; Project No(s):
CPA-2018-006 & RZ-18-06-09. (Advertised in the West Orange Times on Thursday, June 6, 2019.)
(City Planner Rumer)
The subject properties are approximately +/- 73.17 acres of vacant/undeveloped land with an existing zoning
of R-1A Single-Family Dwelling and located on the north side of Clarcona Ocoee Road and east of SR 429,
South of Clarcona Ocoee Road and east of N. Lakewood Avenue and east of the intersection of Fullers Cross
Road and N. Lakewood Avenue. The site is located within the SR 429 “Interchange Village Character Area.”
This project is proposing a transmittal of the Large Scale Comprehensive Plan Amendment from Low Density
Residential (4 D.U./Acre) to High Density Residential (8-16 D.U./Acre) and Commercial to the Department of
Economic Opportunity (DEO), and a rezoning to PUD for a mixed-use community that will include 150,000
S.F. of Commercial, 196 unit townhomes with 316 unit apartments. The site is located within the City’s utility
service area and proposing to connect to public utilities for water and sewer. There is an existing 12-inch water
main and force main on N. Lakewood and westerly on Fullers Cross Road. An extension is required for
connection. Approval of the proposed water and sewer utility plan is required prior to the approval of the final
subdivision/site plan. Sewer is available south of Fullers Cross Road, which an extension and lift station will
be required. This proposed PUD/LUP accesses N. Lakewood Avenue and Clarcona Ocoee Road. Both roads
are operating at an acceptable level of service. This project will have to mitigate for the extra capacity of 78.525
elementary school students and 9.665 middle school students. The nearest fire department is Station 38 located
on 313 West Road which is approximately 0.5 miles from the property. The Police Substation is located 0.5
miles from the subject property.
a) Second Reading of Ordinance for Large Scale Comprehensive Plan Amendment
b) Second Reading of Rezoning Ordinance
c) Development Agreement (not a public hearing)
19. Second Reading of Ordinance for Homes in Partnership – 340 13th Avenue Annexation
and Rezoning; Project No(s): AX-08-17-68 & RZ-17-08-08. (Advertised in the West Orange
Times on Thursday, June 6, 2019) (City Planner Rumer)
The subject property is located on the south side of 13th Avenue, 130 feet west of Peters Avenue. The +/-0.17
acre parcel contains one existing Single-Family Residence. The Applicant is annexing into the City limits as a
condition to receive city potable water connection. With respect to State annexation criteria, Chapter 171.044
of the Florida Statutes grants municipalities the authority to annex contiguous, compact, non-circuitous territory
so long as it does not create an enclave. The subject property is considered contiguous to the City of Ocoee
since it is bordered by property located within the City limits on the east. The parcel will receive an “R-1”
(Low-Density Residential) zoning upon annexation. The DRC and the Planning and Zoning Commission both
voted unanimously to recommend approval of this annexation and rezoning.
a) Second Reading of Annexation Ordinance
b) Second Reading of Rezoning Ordinance
20. Second Reading of Ordinance for Homes in Partnership – 330 13th Avenue Annexation
and Rezoning; Project No(s): AX-08-17-67 & RZ-17-08-07. (Advertised in the West Orange
Times on Thursday, June 6, 2019) (City Planner Rumer)
The subject property is located on the south side of 13th Avenue; 150 feet west of Peters Avenue. The parcel
contains one existing Single-Family Residence. The Applicant is annexing into the City limits as a condition
to receive city potable water connection. With respect to State annexation criteria, Chapter 171.044 of the
Florida Statutes grants municipalities the authority to annex contiguous, compact, non-circuitous territory so
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Regular City Commission
June 18, 2019
long as it does not create an enclave. The subject property will be considered contiguous to the City of Ocoee
th
once the adjacent property on the east, located at 340 13 Ave., is annexed into the City limits. The parcel will
receive an R-1 (Low-Density Residential) zoning upon annexation. The DRC and the Planning and Zoning
Commission both voted unanimously to recommend approval of this annexation and rezoning.
a) Second Reading of Annexation Ordinance
b) Second Reading of Rezoning Ordinance
REGULAR AGENDA
21. Discussion and Direction on Commercial Vehicle Parking Throughout the City.
(Police Chief Brown)
A source of many complaints is the on-street parking of commercial vehicles, defined as weighing more than
one ton, in commercial, or mixed-use zoned districts within the City. The City’s current code reads,
“The parking of commercial vehicles on public streets and road rights-of-way within any residential zoned
district, including residential planned unit developments, as established by the Land Development Code for the
City, shall be prohibited, except for loading purposes or as otherwise expressly permitted by the Land
Development Code.” The Police Department has the ability to properly enforce the parking of commercial
vehicles within residential zones. However, further direction is required on the commercial or mixed-use zones.
Additionally, the number of outstanding fines for the last year is 155 and at 62 year-to-date. Currently, the City
has no mechanism for collecting these fines. Staff is seeking direction on whether to seek registration holds
and/or collections for personal vehicles and/or commercial vehicles.
STAFF ACTION ITEMS
COMMENTS FROM CITIZENS/PUBLIC
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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