HomeMy WebLinkAbout09-17-2019 Agenda
OCOEE CITY COMMISSION
Ocoee Commission Chambers
150 North Lakeshore Drive
Ocoee, Florida
SEPTEMBER 17, 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
Proclamations for September 2019 (Mayor Johnson)
Hispanic Heritage Month ~ September 15 – October 15
Diaper Need Awareness Week ~ September 23 - 29
STAFF REPORTS AND AGENDA REVIEW
COMMISSIONERS ANNOUNCEMENTS
PUBLIC COMMENTS
THE PUBLIC IS ALLOWED TO COMMENT ON ANY ITEMS THAT ARE ON THE AGENDA BUT NOT PART OF A
PUBLIC HEARING. PUBLIC HEARING COMMENTS ARE TO BE HEARD DURING THAT PORTION OF THE MEETING.
ANY COMMENTS YOU WOULD LIKE TO MAKE THAT ARE NOT PART OF THE AGENDA WILL BE HEARD UNDER
THE CITIZENS/PUBLIC COMMENTS AT THE END OF THE MEETING.
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 Budget Workshop held August 8, 2019, and the
Regular City Commission Meeting held August 20, 2019. (City Clerk Sibbitt)
2. Approval of New Appointment to the Human Relations Diversity Board. (City Clerk
Sibbitt)
The Human Relations Diversity Board was created by Resolution in 2003. The purpose of this board is to
promote understanding, respect, goodwill, and equality among all citizens and businesses of the City of Ocoee.
Members of the Human Relations Diversity Board serve three-year terms. Currently the Human Relations
Diversity Board has eleven (11) members, and their resolution allows no less than seven (7) members and no
more than thirteen (13) members. One (1) application has been received by Jennifer Porter-Smith who has
shown an interest in being appointed to the Human Relations Diversity Board for a term ending May 2022.
3. Approval of Contingency Fee Agreement with Romano Law Group, Schochor,
Federico and Staton, PA, Osborne & Frances, Michael Kahn, PA and Spangenberg
Shibley & Liber LLP for Representation of the City in Connection with Claims for
Damages Related to Opioid Drugs. (City Attorney Cookson)
The Applicant Team, identified as the Romano Law Group, Schochor, Federico and Staton, PA, Osborne &
Frances, Michael Kahn, PA, and Spangenberg Shibley & Liber LLP, has offered to represent the City on a
contingency fee basis for the recovery of claims for damages sustained by the City related to the manufacture,
distribution, and sale of opioid drugs. The City will not pay any fees or costs unless and until the Applicant
Team makes a recovery of damages on behalf of the City.
Regular City Commission
September 17, 2019
4. Approval of Resolution Relating to the Acquisition by Eminent Domain of Property.
(Assistant City Manager Shadrix)
The City needs to acquire certain property for the City of Ocoee Master Stormwater Pond Project.
5. Approval of Right-of-Way Transfer Agreement and Continuing Maintenance
Agreement between the Central Florida Expressway Authority (CFX) and the City.
(City Planner Rumer)
Ocoee Village is planning a gateway development into the City of Ocoee at SR429 and Franklin Street. In order
to access Ocoee Village from Franklin Street (also known as State Road 438) the developer must obtain a
driveway cut permit from the Florida Department of Transportation (FDOT). However, the frontage strip of
property between Ocoee Village and Franklin Street is owned by the Central Florida Expressway Authority
(CFX) by eminent domain and is used by CFX as a drainage easement. CFX is not a permitting agency.
Therefore, FDOT must issue a driveway cut permit; however, in order for FDOT to issue a driveway cut permit,
the property must be owned by the City. CFX is proposing to transfer the property to the City of Ocoee via Quit
Claim Deed in return for the City to agree to maintain the use of the strip as a drainage easement and to provide
continuing future maintenance of the strip. The CFX jurisdictional transfer agreement is included for City
approval subject only to approval by CFX and City staff of the legal description for the strip of property to be
conveyed.
6. Approval of Utility Extension/Lift Station Agreement for 4 Locos Taco Restaurant –
101 West Silver Star Road. (City Planner Rumer)
The City desires to support the development/redevelopment of properties in the downtown area. One of the
ways the City supports development is by assisting with upgrades to the water and sewer systems. The City
currently has the opportunity to partner with VMG Construction, Inc., (4 Locos Development) to extend central
sewer and upgrade the waterline along North Cumberland Avenue, per “North Cumberland Lift Station #69
Construction Project” Plans. The project’s improvements will directly support the “Initial Phase” of the North
Cumberland Service Area and provide future sewer extension opportunities to the “Extended Phase.” The
partnership will consist of VMG constructing the water and sewer improvements with the City reimbursing
VMG an amount of $222,500.00 ($210,000 for sewer and $11,500 for water) and providing a capital connection
credit of two (2) ERUs (Equivalent Residential Unit) Sewer for the development. The City recently approved
a similar partnership with Top Gun on August 6, 2019, where the City will reimburse the developer $215,170.87
for comparable lift station and force main improvements. Staff will be preparing and seeking commission
approval for a fair share partnering program for any future development for this service area. The program will
be similar to the Southwest Utilities Installation Program already in existence and will include seeking input
and comments from stakeholders in the area. Staff/City Attorney will work with VMG Construction to prepare
a “Letter of Understanding” formalizing the partnership conditions between the parties.
7. Approval of Non-Substantial Amendment to Tract C of the Prairie Lake Planned Unit
Development (PUD). (City Planner Rumer)
The Prairie Lake PUD is located on both sides of Clarke Road between Hackney Prairie Road and A.D. Mims
Road. However, this particular request will only affect Tract C of the Prairie Lake PUD. Specifically, Tract C
is permitted for up to 125,000 S.F. of Commercial uses and is located on the northeast corner Clarke Road and
A.D. Mims Road and is approximately 13.99 acres in size. Tract C is under two (2) separate owners. The City
owns what is shown as Tract C1 & C2, which consists of 11.99 acres, and two (2) acres are owned by the
original developer. The entire tract is currently vacant, undeveloped and is mostly covered with trees. Meritage
Homes is currently under contract with the City to purchase 8.71 acres of Tract C for the sole purpose of
developing an 80-unit townhome development. Meritage Homes is requesting to amend Tract C, reduce the
amount of Commercial and transfer unused residential density to the 8.71 aces. The City would retain 3.28
acres along Clarke Road. Staff has determined the proposed amendment to the PUD and PUD Land Use plan
does not meet the threshold for processing under the substantial amendment process. Staff further determined
that by developing a similar townhome product adjacent to the existing townhomes to the east, there will not
be an adverse impact. Also, since townhomes are already located adjacent to Tract C, the remaining
Commercial in Tract C will remain the same.
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Regular City Commission
September 17, 2019
8. Approval of a Two-Year Warranty Surety and Maintenance, Materials, and
Workmanship Agreement with Mattamy Orlando for the Preserve at Crown Point
Phase 2B Subdivision. (Development Engineer Womack)
The Preserve at Crown Point is a single-family residential subdivision located on Ocoee Crown Point Parkway
just west of Ocoee High School. The Preserve at Crown Point Phase 2B is made up of 153 detached single-
family homes. The developer has completed construction of the infrastructure improvements for the subdivision
and has requested a Certificate of Completion. The infrastructure improvements include the potable water,
sanitary sewer and reclaimed water utilities, the street and stormwater collection system, and the perimeter
wall/fencing and associated landscaping. All identified punchlist repairs have been completed and the developer
is ready to start the two-year warranty period for the public 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. Mattamy Orlando
LLC 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.
9. Approval of Interlocal Agreement Between Orange County and City of Ocoee for Fire
Dispatch Services. (Fire Chief Miller)
Orange County provides fire dispatch services for the City of Ocoee Fire Department. The current agreement
for these services expires on September 30, 2019. Orange County has provided a renewal for the agreement
with a term of five (5) years to begin on October 1, 2019 and terminate on September 30, 2024.
10. Approval to Award RFQ #19-008 Construction Manager at Risk for Fullers Cross
Road and Ocoee Apopka Road Intersection Improvements. (Purchasing Agent
Tolbert)
The City Commission approved the Interlocal Agreement with Orange County for the improvements to the
Fullers Cross Road and Ocoee-Apopka Road Intersection, whereas the City agreed to manage the design,
bidding and construction of the Improvements. The design portion is current at 60% with Vanasse Hangen
Brustlin (VHB), and the CMaR firm will provide pre-construction services in collaboration w/VHB to finish
the design. The existing intersection is a signalized, four-way crossing with rural sections on both roads. The
proposed improvements will add left turn deceleration lanes from the four approaches, adding southbound and
eastbound right-turn deceleration lanes and the replacement of the existing traffic signal with a mast arm traffic
signal. The RFQ was advertised on June 30, 2019 and was publicly opened on July 30, 2019. There were two
(2) responses submitted. The Finance and Public Works Departments reviewed the qualification statements and
both were considered responsive. The two (2) responses were evaluated by the RFQ Evaluation Committee
appointed by the City Manager. The public RFQ Evaluation meeting was held on August 14, 2019 for the
purpose of interviewing the two (2) firms and finalizing the shortlist for recommendation of award. The
evaluation committee short-listed the following firms in ranked order and recommends contracting with the
top-ranked firm Oelrich Construction.
11. Approval to Renew Motorola Service Agreement for Radio Services. (Police Chief
Brown)
In November 1995, the Honorable Mayor and Board of City Commissioners authorized the purchase of the
Motorola 800 MHz Radio system, which is still being utilized by the City in conjunction with Orange County's
radio system. Also purchased with the radio system was a service maintenance agreement. The agreement is
required for equipment that is no longer under factory warranty. Included in the agreement is all covered radio
equipment currently owned by the City of Ocoee with the exception of the radio equipment purchased by the
City for the Fire Department. The proposed agreement takes effect October 1, 2019 and runs through September
30, 2020. The cost of the service agreement for the next 12 months is $21,738.96.
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Regular City Commission
September 17, 2019
12. Approval of Engineering Design Services for East Oakland Avenue from South
Lakewood Avenue to North Lakeshore Drive with CPH, Inc. (Public Works Director
Krug)
The Engineering Design Services for the Commission approved Downtown Streets were awarded to CPH, Inc.,
under RFQ #1705. In coordinating with the City Hall/Park Master Plan, it was determined the design of Oakland
Avenue between Lakewood Avenue and Lakeshore Drive would best benefit the City by assigning the project
to CPH, Inc., as the firm is also designing the adjoining portions of McKey and Lakewood around the new City
Hall complex. The improvements to this portion of Oakland will include highly technical permitting of
underground drainage features to treat stormwater from the Lakeshore Center/Maguire House parking areas
along with the adjacent Lakewood and McKey upgrades. Public Works negotiated the fee for this work at
$47,176.00. Public Works recommends approval of the work with CPH, Inc.
13. Notification of Emergency Force Main Repair on Silver Star Road Near the
Intersection of Clarke Road per Emergency Notification - Section 21.6, Chapter 21,
City of Ocoee Code of Ordinances. (Utilities Director Smith)
On Sunday August 4, 2019, the Ocoee Police Department was notified that water was bubbling up from the
East Silver Star Road near the Clarke Road intersection. The water source appeared to be from an existing 16-
inch sewer force main; however, excavation was necessary to confirm. Due to the depth of the line a contractor
was called in to complete the repair. Staff reached out to several contractors and J. Malever was the only
company able to mobilize immediately. Once flow to the 16-inch force main was diverted, the roadway was
excavated and it was determined that a 6-inch capped branch line stubbing off of the 16-inch force main
ruptured. J. Malever performed excavation, pipe repairs, paving, and striping services. GEC performed the
required backfill testing for submittal to FDOT for the roadway. Several septic companies assisted by pumping
lift stations. Repairs were completed August 6, 2019 at 8:30 AM.
14. Notification of Emergency Reclaimed Water Main Repair on North Clarke Road per
Emergency Notification - Section 21.6, Chapter 21, City of Ocoee Code of Ordinances.
(Utilities Director Smith)
Both the Public Works and Utilities Departments were notified on the second week of March 2019 of a damaged
utility line under the pavement of North Clarke Road. A Kussmon Services LLC., a directional drill contractor,
ruptured the City’s 12-inch reclaimed waterline and due to the rupture caused the roadway to be undermined.
Kussmon Services did not have the resources to make the necessary repairs. With concurrence of the Utilities
Director and the Risk Manager, the Utilities Department requested Tri-Sure Corporation to mobilize to the site
for repairs. Tri-Sure had previously done utility work for the City and was working in the City at the time of
the incident. The reclaimed water system has been repaired, and the roadway has been patched until a full
FDOT level repair can be completed.
15. Approval of Agreement to Formalize the Removed Water Systems Interconnection
with Orange County. (Utilities Director Smith)
The City and Orange County had previously agreed and constructed an emergency potable water supply
interconnection on Clarke Road at the site of Orange County’s elevated tank (potable water tower). The elevated
tank was previously needed to ensure fire flows to West Oaks Mall. The County no longer needs the elevated
tank and contacted the City requesting to physically terminate the interconnection. Due to Ocoee’s water system
improvements, and confirmed by the City’s consultant Reiss Engineering, the interconnection was no longer
required. Utilities agreed to the removal of the interconnect. The County has removed the interconnection and
has requested the City of Ocoee formalize the removal and cause the vacating of an associated easement to the
interconnection by the execution of the “Agreement to Terminate the Orange County/City of Ocoee Emergency
Water Supply Interconnection and Easement Agreement.” The agreement has been reviewed by the City
Attorney’s office and found to be acceptable
PUBLIC HEARING - None
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Regular City Commission
September 17, 2019
FIRST READING OF ORDINANCE
16. First Reading of Ordinance for Skipper Property – 1936 Adair Street Annexation &
Rezoning; Project No(s): AX-05-19-82 & RZ-19-05-06. (Second Reading and Public Hearing
scheduled for October 1, 2019, Regular Commission Meeting at 6:15 pm or soon thereafter.) (City Planner
Rumer)
This parcel is located at directly west of Adair Street, south of 5th Avenue and west of Nicole Boulevard and
Marlene Drive. The subject parcel is approximately 1.01 acres with one (1) existing single-family residence.
The applicant is requesting to annex into the City limits as a condition to receive city portable water connection.
The current zoning is Orange County Rural/Agricultural, and the rezoning is proposed to receive City of Ocoee
Low Density Residential (R-1). 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 property already benefits from Ocoee Fire
Rescue services via a joint “First Responder” Agreement with Orange County, and the property already receives
City of Ocoee water service. The proposed annexation is a logical extension of the City limits, urban services
can be provided, and the annexation meets state and local regulations.
17. First Reading of Ordinance for Crews/Smeller Property – 1557 Blackwood Avenue
Annexation & Rezoning; Project No(s): AX-06-19-83 & RZ-19-06-08. (Second Reading and
Public Hearing scheduled for October 1, 2019, Regular Commission Meeting at 6:15 pm or soon thereafter.)
(City Planner Rumer)
This parcel is located on the east side of Blackwood Avenue, 1,050 feet south of Old Winter Garden Road. The
subject parcel is approximately 0.51 acres with one (1) existing single-family residence. The applicant is
annexing into the City limits because they are now eligible for annexation and already benefit from City potable
water connection. The property is located within the proposed Ocoee-Orange County JPA area and is bordered
by the City of Ocoee to the north and east. The property already benefits from Ocoee Fire Rescue services via
a joint “First Responder” Agreement with Orange County and benefits from City of Ocoee water service. 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 parcel will receive a City of Ocoee “R-1” (Single-Family Dwelling)
zoning upon annexation.
18. First Reading of Ordinance for 8815 Hackney Prairie Road Annexation & Rezoning;
Project No(s): AX-06-19-84 & RZ-19-06-09. (Second Reading and Public Hearing scheduled for
October 1, 2019, Regular Commission Meeting at 6:15 pm or soon thereafter.) (City Planner Rumer)
The parcel is located on the north side of Hackney Prairie Road, approximately 2,683 feet east of North Clarke
Road. The subject parcel is approximately 2.80 acres with one (1) existing single-family residence. The
applicant is annexing into the City limits as city-owned land. The property is located within the proposed Ocoee-
Orange County JPA area and is bordered by the City of Ocoee to the north. The property already benefits from
Ocoee Fire Rescue services via a joint “First Responder” Agreement with Orange County. The property will
require City of Ocoee water service. 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 parcel will receive a City
of Ocoee A-1 (General Agricultural) zoning upon annexation.
SECOND READING OF ORDINANCE - None
REGULAR AGENDA - None
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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