HomeMy WebLinkAbout01-07-2020 Agenda OCOEE CITY COMMISSION
Ocoee Commission Chambers
150 North Lakeshore Drive
Ocoee,Florida
Revised
JANUARY 7,2020 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
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 Regular City Commission Meeting held
December 3,2019. (City Clerk Sibbitt)
2. Approval of Reappointments to the Citizen Advisory Council for Ocoee Police
Department (CACOPD). (City Clerk Sibbitt)
Members of the Citizen Advisory Council for Ocoee Police Department (CACOPD) serve three-year terms.
The Resolution creating the Board allows no more than fifteen (15) members. Currently the board has eight
(8)members and one application on file.The terms of Member Cory Garone and Member Warren Lewis expire
in January of 2020. Member Garone attended 6 of 6 meetings and Member Lewis attended 5 of 6 meetings in
2019.Both members have indicated they are willing to serve another three-year term,if reappointed.
3. Approval of the Aycock Mediated Settlement Agreement. (Assistant City Manager
Shadrix)
The City needs to acquire Parcel 105 from Richard and Jane Aycock through an eminent domain Order of
Taking.The fmal valuation of the property acquired needs to be resolved either through mediation or jury trial.
The property is needed for the Downtown Master Stormwater Pond.
4. Approval to Sell Property at 8815 Hackney Prairie Road Purchased for Stormwater
Mitigation. (Public Works Director Krug)
The City purchased the property at 8815 Hackney Prairie Road on May 7,2019 in order to provide a solution
to a drainage issue due to a City pond encroaching on a portion of the property. The City Public Works
Department investigated options to enlarge the capacity within the footprint of the existing land locked pond
and conservatively estimated the costs would be from$500,000 to$750,000. While working on a solution to
the flooding, the property owners offered to sell the property. The City Commission approved the property
purchase on May 7,2019,for the City appraised value of$490,000.The City received a Letter of Intent(LOI)
on December 16,2019,to purchase the property for$360,000.00,minus up to one(1)acre for the area needed
for drainage. City Staff has reviewed the LOI and finds the offer acceptable.The City has initiated a boundary
and topographic survey with Southeastern Surveying to designate the area needed for the drainage issue. The
area will be lessed out of the existing legal description and used for the sale contract and deed. Staff anticipates
the area being less than one(1)acre as the LOI provides.
Regular City Commission
January 7,2020
5. Approval to Award Ocoee Hills Road Pipe Repair Project to Schuller Contractors.
(Public Works Director Krug)
The metal stormwater drainage pipe on Ocoee Hills Road between Apricot Drive and Flewelling Avenue has
deteriorated to the extent the line must be replaced. The current Public Works Stormwater budget included a
$100,000 capital item for this project. The City designed the pipe replacement in-house and solicited pricing
from the City's Continuing Contract for Small Construction Services vendors. The City received three (3)
responses with the low bid from Schuller Contractors at$103,700.00.Public Works is requesting Commission
approval to award the work to Schuller and reallocate Stormwater funds from the General Stormwater System
Improvements Capital line to cover the additional costs of the project and any unanticipated change orders
which may be required for completion.
6. Approval of Change Order No.3 to Close the Lakeshore Center Expansion Project and
Reduce the Final Price by $28,952.22, RFQ #1801. (Support Services Director Butler)
The Lakeshore Center Expansion project was substantially completed in May 2019 by The Collage Companies
serving as construction manager at risk,but a few minor problems and one major issue remained to delay final
completion by the contract deadline. The reduction in cost represents savings incurred during the project.The
original cost of the work,$3,872,245.00,was established as a Guaranteed Maximum Price(GMP)based on the
95%plans and specifications.Given the expectation that design would continue during initial construction,and
that remodeling any structure reveals unexpected requirements, a design revision allowance was established
within the GMP for such changes.Other allowances and contingency amounts were provided within the GMP
for unforeseen requirements and components that were not yet included in the plans, such as the audiovisual
system. The end result was a savings of$28,952.22 across all allowances and contingencies.
PUBLIC HEARING
7. Request for Variance - Rotondo Property, 101 East Orlando Avenue,
Project No: VR-19-05. (Advertised in the West Orange Times on Thursday, December 26, 2019.)
(Zoning Manager Gajadhar)
This proposed variance on the Rotondo property is located at 101 East Orlando Avenue,just south of the Ocoee
Elementary School. The applicant is requesting approval for a minimum required lot width variance from 85
feet to 79.69 feet as part of a proposed lot split, which will result in three (3) lots; one with a width of 101.2
feet, the second with a width of 85 feet, and the subject lot, with a width of 79.69 feet. The lot split will be
approved based on a commitment by the owners to deed a portion of the property to the City as a dedicated
right-of-way. Adjacent parcels to the south and west are approximately 75 feet width on average. The subject
property exceeds the 10,000 square feet minimum lot size for R-1AAA zoning with approximately 18,958
square feet of space. The surrounding properties are zoned as "R-1A, R-1AA, and R-1AAA" Single-Family
Dwellings, with some having a lot width of 75 feet. Granting a 79.69 feet minimum lot width variance to the
applicant will allow for construction of a single-family dwelling on the property. If a lot width variance is not
granted,the applicant will not meet zoning requirements in order to build a single-family residence leaving the
parcel undeveloped while all surrounding parcels consist of a single-family residence.
FIRST READING OF ORDINANCE
8. First Reading of Ordinance for Comfort Inn/Mainstay Suites - 11401 W. Colonial
Drive, Annexation and Rezoning; Project No(s): AX-11-19-85, RZ-19-11-13. (Second
Reading and Public Hearing scheduled for January 21, 2020,Regular Commission Meeting at 6:15 pm or soon
thereafter.) (Development Services Director Rumer)
This proposed annexation and rezoning consists of two (2) parcels that are generally located to the north of
State Road 50, south and east of Marshall Farms Road, and west of Maguire Road.Parcel 19-22-28-0000-00-
007 has one (1) existing structure, and Parcel 19-22-28-0000-00-008 is vacant. The Applicant is requesting
annexing into the City limits as a condition to receive City potable water connection and benefits. The subject
properties are considered contiguous to the City of Ocoee since they are bordered by property located within
the City limits on the west. 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 parcels will receive a "C-2"
(Community Commercial) zoning upon annexation, because C-2 allows for hotels. Most of the surrounding
area is C-3 (Commercial). Both 2.3 acres are consistent with the City's regulations and Future Land Use Map
(FLUM).
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Regular City Commission
January 7, 2020
9. First Reading of Ordinance for Amendment to the Capital Improvements Element
(CIE) for Fiscal Years 2019/2020 — 2023/2024 Capital Improvements Program (CIP).
(Second Reading and Public Hearing scheduled for January 21, 2020, Regular Commission Meeting at 6:15
pm or soon thereafter.) (Development Services Director Rumer)
The Capital Improvement Element(CIE)of the City of Ocoee Comprehensive Plan is a requirement of Chapter
163,Florida Statues(FS)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 adopted via ordinance and not be considered an amendment to the
Comprehensive Plan.
SECOND READING OF ORDINANCE—PUBLIC HEARING
10. Second Reading of Ordinance Amending and Restating in Full the City of Ocoee
Municipal General Employees' Retirement Trust Fund. (Advertised in the West Orange Times
on Thursday, December 26, 2019.) (Municipal Pension Board Chair Cowan)
At their meeting held on November 6,2019,the General Employees'Retirement Board reviewed and approved
the proposed ordinance which deals primarily with definition changes for compliance with the Internal Revenue
Code (IRC), clarify certain language and restate all previous Ordinances amendments of the Plan into one
document.The following proposed amendments are as follows:
• Section 1, Definitions, clarifying the definition of"Spouse" and move the definition of"Credited Service"
to Section 8,Vesting,regarding the rights of employees who terminate service prior to retirement.
• Section 2, Membership, to limit those individuals eligible to opt-out of the system, to comply with present
Internal Revenue Code Treasury Regulation requirements.
• Section 8,Vesting, clarifying the rights of vested and non-vested employees who terminate service prior to
retirement.
• Section 14, Maximum Pension, Subsection 8, the limitation mirrors the language in the Internal Revenue
Code.
• Section 16, Miscellaneous Provisions, add Subsection 9, Missing Benefit Recipients. This provision is in
accordance to IRS Programs Compliance Memorandum.
• Section 24, Reemployment After Retirement, to comply with the Internal Revenue Code qualification
requirements and clarify reemployment after receipt of early retirement benefits.
• Section 25, Deferred Retirement Option Plan, remove Subsection 6.H, clarifying that once a member
participates in the DROP program,no changes to his/her form of benefit is permitted, and clarify members
whose participation commenced on or after September 18,2012,will be credited on a monthly basis.
11. Second Reading of Ordinance Amending the City of Ocoee Municipal Police Officers'
& Firefighters' Retirement Trust Fund Reflecting Internal Revenue Code (IRC)
Changes and CBA Revisions from Previous Years. (Advertised in the West Orange Times on
Thursday, December 26, 2019.) (Police Chief Brown)
The City of Ocoee Municipal Police Officers' & Firefighters' Pension Board has reviewed and approved the
proposed ordinance which deals primarily with definition changes for compliance with the Internal Revenue
Code and changes agreed upon in collective bargaining agreements with the City of Ocoee and the respective
bargaining units from the police and fire departments. The proposed amendments are as follows:
• Section 1, Definitions,clarify and the definition of"credited service."
• Section 7&8,Pre-Retirement Death and Disability,amended to more clearly identify those individuals who
may be eligible to apply for a disability pension in the event that they have resigned or their employment is
terminated.
• Section 9, Vesting, clarifying the rights of vested and non-vested employees who terminate service prior to
retirement.
• Section 15,Maximum Pension,the limitation mirrors the language in the Internal Revenue Code.
• Section 17, Miscellaneous Provisions, Missing Benefit Recipients. This provision is in accordance to IRS
Programs Compliance Memorandum.
Wage
Regular City Commission
January 7, 2020
• Section 27, Deferred Retirement Option Plan, clarifying that once a member participates in the DROP
program,no changes to his/her form of benefit is permitted.
• Section 29, Reemployment After Retirement,amended as required by IRC.
• Section 30, Supplemental Benefit Component for Special Benefits, amended to provide that a member who
has less than seven years of Credited Service and terminates service with the City shall forfeit his individual
Member Share Account.
REGULAR AGENDA
12. Approval of Development Agreement for Lake Lilly Center (FKA West End
Professional Park) . (Development Services Director Rumer)
Heller Brothers Groves currently owns several parcels within the city and has entitlements on these properties
based on past purchase agreements for right-of-way in lieu of eminent domain, vesting certificates, and an
approved PSP/FSP for West End Professional Park. More specifically, the West End Professional Park is
located on the south side of Old Winter Garden Road and is entitled to a Light Industrial subdivision
development with a zoning and land use of Light Industrial(I-1).Due to the proximity of the property to Target
Areas within the Community Redevelopment Agency (CRA), the City desires to foster a better-built
environment that will be beneficial to the City, CRA, and adjacent properties. In lieu of building out to its
potential as a light industrial development, the City has been negotiating on the future development program
with Heller Brothers Groves.The City of Ocoee and Heller Brothers Groves desires to execute a Development
Agreement in order to address certain matters related to the development of the property known as West End
Professional Park including, but not limited to,the terms and conditions under which: (i) Lots 7— 13 may be
developed with multi-family uses as part of a Mixed-Use Development; and (ii) providing for the ability to
offer economic incentives to encourage and facilitate the redevelopment of the Property.
13. Residential Sanitation Update. (Public Works Director Krug)
The City Commission elected to expand the Commercial and Multi-family Solid Waste Franchise with Waste
Connections to include Residential Collection at the August 20, 2019 meeting. Public Works is presenting an
update on the progress and is requesting consensus from the Commission on items to be brought back before
the Commission for approvals as consent items in the near future. Update items for discussion and consensus;
Start date,truck sales,Temporary Agreement to cover routes.
14. Discussion and Direction Regarding Property Located at 441 Basking Ridge Court.
(This item was tabled from the December 3, 2019, Regular City Commission meeting.)
(City Attorney Cookson)
The City currently mows and maintains the approximately one (1) acre cemetery property located at 441
Basking Ridge Court. Due to the historical significance of the property to City residents, the City Attorney
recently attempted to contact the owners of record to request they donate the property to the City so that the
City could install passive improvements on the property(such as a bench, gazebo, or other similar use). The
initial letter,which was sent to the addressee per the Orange County Property Appraiser's records,was returned
by the post office as undeliverable.The second letter,which was sent to the post office box address on the deed
of record, was not returned; however, the City Attorney's office has received no response to the letter. The
Property Appraiser lists the cemetery property value at $9,270.00. Staff has assessed other options and has
consulted with the City's eminent domain attorney.An option for the City to acquire the property is for the City
to proceed in eminent domain. This process would take six to nine months and would probably cost between
$15,000 and$20,000.
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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