HomeMy WebLinkAbout03-17-2020 Agenda
OCOEE CITY COMMISSION
Ocoee Commission Chambers
150 North Lakeshore Drive
Ocoee, Florida
MARCH 17, 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
Presentation on Legislative Days by the Ocoee Youth Council (OYC)
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 Agenda Review Workshop & Regular City
Commission Meeting held March 3, 2020. (City Clerk Sibbitt)
2. Approval of Appointments to the Ocoee Youth Council (OYC). (City Clerk Sibbitt)
Members of the Ocoee Youth Council (OYC) serve one-year terms. The Resolution creating the Board allows
no more than fifteen (15) members who are residents of Ocoee and entering Grades 9-12 in a high school that
serves Ocoee students. Currently, the board has seven (7) members. Three (3) applications have been received
by Ashley Clarke, Nathan Clarke and Andrea Sia who have shown an interest in being appointed to the Ocoee
Youth Council for a term ending July 2021.
3. Approval of Settlement Agreement with Duke Energy. (City Attorney Cookson)
Pursuant to City Ordinance 91-18, on July 16, 1991, the City of Ocoee granted an exclusive 30- year franchise
to Duke Energy’s predecessor, Florida Power Corporation. Since that time, Florida Power and now Duke
Energy collect and remit to the City of Ocoee franchise fees each month. Ordinance 91-18 is applicable to all
properties lying within the City’s municipal boundaries. On July 21, 2009, the City of Ocoee approved an
ordinance calling for a referendum for the annexation of Rose Hill Subdivision Phases 2 and 3 (Rose Hill) into
the City’s municipal boundaries. Following the successful annexation by referendum of Rose Hill, all utility
companies were notified that the property is now wholly located within the City. While Duke Energy customers
in properties located in Rose Hill continued to pay franchise fees and/or utility taxes on their bill each month,
unbeknownst to City staff, Duke Energy did not change its records for its Rose Hill customers and the municipal
taxes collected from those residents were erroneously remitted Orange County. In April 2019, a City resident
living in Rose Hill received a letter from Duke Energy notifying the customer that, after a review of Duke
Energy records, the utility determined that the customer’s property is in the City limits. Because the City
annexed Rose Hill nearly 10 years ago, the resident was confused as to why Duke Energy is now notifying
residents of its intent to collect taxes and fees on behalf of the City of Ocoee. The resident provided the letter
to City staff. Upon receipt of the letter, City staff followed up with Duke Energy. Following correspondence
on the matter, Duke Energy confirmed that they had received notice of the annexation in 2009; however, due
to an error in the Duke Energy records, the taxes were paid to Orange County until the City’s inquiry in 2019.
The inquiry by the City was treated as an audit, and Duke Energy has responded with a proposed settlement
agreement with the City of Ocoee. Per the terms of the settlement agreement, Duke Energy will pay the City
Regular City Commission
March 17, 2020
$276,470.86, which consists of $151,541.90 for franchise fees for addresses in Rose Hill from June 2014
through May 2019 and $124,928.96 for municipal utility taxes for addresses in Rose Hill from June 2016 to
May 2019. A statute of limitations applies to payment of taxes and fees and this is the reason that the repayment
amount is limited in time and does not go back to 2009.
4. Approval to Reject all Proposals for RFP #20-001 Laboratory Services for City Water
and Wastewater Facilities. (Procurement Manager Tolbert)
The City initially intended to award contracts for the Laboratory Services for City Water and Wastewater
Facilities at the February 18, 2020 City Commission Meeting. The RFP was publicly advertised on January 5,
2020, and opened on January 28, 2020. There was a total of five (5) proposals received from Advanced
Environmental Laboratories, Inc., Florida Spectrum Environmental Services, Inc., Flowers Chemical
Laboratories, Inc., Pace Analytical Services, Inc., and Tri-Tech Labs, Inc. The City received a letter of protest
from Florida Spectrum Environmental Services, Inc. After further review by the Utilities and Finance
Departments, and per the advice of the City Attorney, staff recommends rejecting all proposals based on
inconsistencies in the scope of services and what was submitted by the individual respondents. Staff considers
it to be in the best interest of the City to resolicit these services with a revised scope of services as an Invitation
to Bid (ITB) rather than a Request for Proposals (RFP).
5. Award of ITB #20-002 Ocoee Wastewater Treatment Plant North Filter Bay
Rehabilitation Project. (Procurement Manager Tolbert)
In 1992, the City of Ocoee Wastewater Treatment Facility initiated a major expansion which included the
upgrade of the plant to public contact effluent disposal (reclaimed water). To accomplish the treatment level,
the plant was equipped with a sand filter unit process. The unit process is divided into north and south filters
capable of providing a redundant (each filter) three million gallons per day loading. The physical demands on
these filters’ material require routine rehabilitation. The Utilities Department panned the rehab of the south
filter for Fiscal Year 2016 and the north filter for 2020. The rehab cycle life is anticipated to be ten (10) years.
The City of Ocoee, Florida (City) solicited an Invitation to Bid from qualified contractors to furnish labor,
supervision, materials, equipment, supplies and incidentals for the Ocoee Wastewater Treatment Plant North
Filter Bay Rehabilitation project. The City’s gravity sand filters consist of two adjacent bays of filters, a North
bay and a South bay. This project involves rehabilitation of one side of the two-bay gravity sand filter system.
The North filter bay shall be rehabilitated while keeping the South filter bay fully operational in automatic
control. Filter bay size to be rehabilitated is 46 feet by twelve feet, six inches (46’ x 12’6” interior dimensions).
The bid was publicly advertised on February 2, 2020, and opened on February 25, 2020. There was a single (1)
bid received for $194,450.00. The bid is available in the Finance Department for review. The Utilities and
Finance Departments reviewed the bid received, and it was considered responsive. Staff recommends awarding
the bid to Aqua-Aerobic Systems, Inc., as the sole responsive and responsible bidder. Aqua-Aerobic’s bid is
$25,550.00 lower than the budgeted amount of $220,000.00.
6. Approval of First Amendment to Exclusive Franchise Agreement with Waste
Connections of Florida. (Public Works Director Krug)
The City Commission approved the new Exclusive Franchise Agreement with Waste Connections (WC) for
solid waste collection at the January 21, 2020 meeting. The City Attorney, Finance and Public Works
Departments have prepared an amendment to the Agreement to incorporate the sale of equipment declared
surplus to Waste Connections and further clarify the payment structure and insurance requirements of the
Agreement.
7. Approval to Declare Sanitation Division Property Surplus. (Public Works Director
Krug)
With the City contracting the residential solid waste collection, a list of Sanitation Division vehicles require
Commission approval to be declared as surplus property. Per the Exclusive Franchise Agreement with Waste
Connections of Florida, Inc., Waste Connections will be purchasing the vehicles which will fit within the
company’s current fleet. 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. In order to maximize the value of the surplus vehicles, Public Works is requesting the ability
to utilize additional resources specializing in solid waste industry trucks along with the original suppliers for
the sale of the vehicles. Gideon, and any alternate sources, will 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 sold through additional resources would
be brought back to the City Commission for approval.
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Regular City Commission
March 17, 2020
8. Notification of Emergency Sewer, Manhole, and Road Repair at the Intersection of
West Colonial Drive (SR 50) and Bluford Avenue per Emergency Notification –
Chapter 21, Section 21.6, City of Ocoee Code of Ordinances. (Utilities Director Smith)
At the November 5, 2019 Commission Meeting, staff notified the Commission of the need for an emergency
sewer repair at the intersection of West Colonial Drive (Colonial) and Bluford Avenue (Bluford). Staff became
aware of the situation October 9, 2019, when a City employee reported a depression in the northern most travel
lane of Colonial, just west of Bluford. The depression was located near a City sanitary sewer manhole. Upon
inspection, it appeared that the manhole had settled causing a failure in a connecting pipe, which allowed ground
water to infiltrated the manhole. Due to the depth and complexity of the repair, the City requested the services
of J. Malever Construction (Contractor). On October 10, 2019, the Contactor mobilized on site. The Contractor
worked with the City and FDOT to inspect the site and develop a plan for repair of the roadway. During this
inspection it was discovered that the issues with the roadway required a more in-depth investigation in order to
develop a repair plan. The City’s geotechnical contractor provided inspection and testing services of the site
and upon review of the information, FDOT responded to the site with their own geotechnical team to do further
testing. FDOT used their ground-penetrating radar to assess the soil density. The City, FDOT, and the
Contractor hoped that the structure could be stabilized though pressure grouting. Unfortunately, the pressure
grouting failed, requiring the need to open cut the roadway to perform the repairs. The location, and the 18-foot
depth of the piping and structures, made this a difficult task requiring 24 hour-a-day sewer bypass pumping,
dewatering of the worksite, the use of trench boxes and an extensive Maintenance of Traffic program. The
repair also impacted fiber optic lines and the signalization of the intersection. In total the project included
removing two manholes, installing two new manholes, laying 114 linear feet of new gravity sewer, installing
1700 feet of fiber optic line, and repairing the roadway, sidewalk, ADA ramps and curbing. To improve the
longevity of the system, the City also lined over 200 feet of sewer pipe and the two new manholes. The repair,
from notification to the intersection re-opening, took approximately three months and cost the Utilities
Department $769,653.
PUBLIC HEARING - None
FIRST READING OF ORDINANCE - None
SECOND READING OF ORDINANCE – PUBLIC HEARING
9. Second Reading of Ordinance for Shoppes at West Oaks PD, 9000 West Colonial Drive,
Rezoning to Planned Unit Development/Land Use Plan (PUD/LUP);
Project No: RZ-20-01-01. (Advertised in the West Orange Times on Thursday, March 5, 2020)
(Development Services Director Rumer)
The Shoppes at West Oaks PD property is located on the south side of W. Colonial Drive (SR 50),
approximately 580 feet west of the Good Homes Road intersection. The subject site is zoned C-2 (Community
Commercial) and is approximately 4.10 acres in size. The parcel contains parking, drive isles, and a vacant pad
next to the Aldi Grocery Store. The parcel is identified as Parcel Number 27-22-28-8005-00-040. The Applicant
is requesting a “Planned Unit Development” (PUD) zoning in order to allow for a four-story office, retail, and
self-storage facility. There will also include within the footprint a small addition to the Aldi Store. As shown
on the Land Use Plan, the facility will retain all existing improvements and will fit on the vacant pad. The first
floor (ground level) will consist of a 2,700 square foot addition to the Aldi Grocery Store, provide 7,300 square
feet of retail space along the front, and contain climate controlled self-storage with a drive under access for
loading/unloading. The second and third story/floor will contain climate controlled self-storage. The fourth
story/floor will consist of 34,332 square feet of office space and climate controlled self-storage. The entire
climate-controlled self-storage is 100,396 square feet. The existing vacant pad is located over 270 feet from SR
50 and is also shielded from view due to several out parcels, which are both a part of the development and a
part of the adjacent development. Staff is considering the location, depth of the commercial lots, traffic
generation, and surrounding uses in its decision to allow climate-controlled self-storage in this location. The
overall development has four (4) access points, sufficient parking and cross access parking, and depth to allow
a four-story building and not feel out of character. Since the pad is ready, no additional development other than
moving a few electric meters and water lines are required.
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Regular City Commission
March 17, 2020
10. Second Reading of Ordinance for West Orange Medical Center, 3442 & 3462 Old
Winter Garden Road, Annexation & Rezoning to Planned Unit Development/Land Use
Plan (PUD/LUP); Project No(s): AX-04-19-80 & RZ-19-04-03. (Advertised in the West Orange
Times on Thursday, March 5, 2020) (Zoning Manager Gajadhar)
The two subject parcels are approximately 1.21 acres in size and are located on the south side of Old Winter
Garden Road, and on the east side of Blackwood Avenue. They are both currently used as single-family
residences. The parcel identification numbers are 29-22-28-0000-00-036 & 29-22-28-0000-00-028, and are
both currently zoned “Orange County” A-1 (Rural/Agriculture). The subject property is considered contiguous
to the City of Ocoee since it is bordered by property located within the City limits on the north, east, and west.
The parcels will receive a “PUD-COMM” (Planned Unit Development - Commercial) zoning upon annexation.
The property is located within the proposed Ocoee-Orange County JPA area and is bordered by the City of
Ocoee to the west. 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.
a) Second Reading of Annexation Ordinance
b) Second Reading of Rezoning Ordinance
11. Second Reading of Ordinance for Crystal Investment Plaza, 1414 E. Silver Star Road,
Substantial Amendment to the Planned Unit Development/Land Use Plan (PUD/LUP);
Project No: RZ-19-10-12. (Advertised in the West Orange Times on Thursday, March 5, 2020)
(Zoning Manager Gajadhar)
The Crystal Investments property is located on the northwest corner of Silver Star Road and Ridgefield Avenue.
The subject site is approximately 1.73 acres in size and is currently vacant, undeveloped, and sparsely covered
on the north side with a mixture of Pines and Oaks. The parcel is identified as parcel number 16-22-28-0000-
00-042. The property is currently zoned as a Planned Unit Development (PUD) for an Assisted Living Facility
(ALF). The Future Land Use designation for the site is “Commercial”. The Applicant is requesting an
amendment to the “Planned Unit Development” (PUD) zoning in order to allow for a two-story professional
office and retail building. The Land Use Plan proposes the eventual construction of a two-story building with
a total building floor area of 18,000 square feet. The first floor will consist of 9,000 square feet of commercial
retail, while the second floor will consist of 9,000 square feet of professional offices. As shown on the Land
Use Plan, the facility will have access to Silver Star Road and Ridgefield Avenue. The Silver Star Road access
is through a shared cross-access provided by the adjacent property to the west. Additionally, the applicant will
be dedicating a 20 ft wide tract of land to the City of Ocoee along Silver Star Road. The City requires buffer
zones to protect new and established residential areas adjacent to new and established non-residential uses.
There is a 25 ft wide buffer zone on the north side consisting of a six (6) foot high brick wall and landscaping.
On the west side there is a ten (10) foot wide buffer landscaping. Water, sanitary sewer, reclaimed water (when
available), solid waste and police & fire protection will all be provided by the City of Ocoee. Since the
development proposal is under 25,000 square feet, it will be reviewed and approved administratively by staff
as a small scale site plan; therefore, the City Commission will not be acting on the site plan approval.
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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