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HomeMy WebLinkAbout05-16-17 Agenda OCOEE CITY COMMISSION Ocoee Commission Chambers 150 North Lakeshore Drive Ocoee,Florida May 16,2017 AGENDA 7:15 P.M. REGULAR CITY COMMISSION MEETING A. CALL TO ORDER Invocation Pledge of Allegiance Roll Call and Determination of Quorum B. PRESENTATIONS AND PROCLAMATIONS Recognition of Patrol Officers for their Heroic Police Action. (Police Chief Brown) ➢ Corporal Nathan Koch ➢ Officer Travis Clark ➢ Officer Rabie Alzifite ➢ K9 Officer Daniel Schilling Fiscal Year 2016 Audit Results and CAFR Presentation -Elden McDirmit,CPA Legislative Update ➢ Chris Carmody and Robert Stuart,Jr.,with GrayRobinson ➢ State Senator Randolph Bracy,District 11 C. COMMENTS FROM CITIZENS/PUBLIC D. STAFF REPORTS AND AGENDA REVIEW E. COMMISSIONERS ANNOUNCEMENTS F. 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 May 2, 2017. (City Clerk Sibbitt) 2. Approval of Settlement Agreement between the City of Ocoee and Laura Gleason. (City Attorney Cookson) Ocoee resident,Laura Gleason,owns real property located at 1433 Spring Lake Terrace. In 2014,the City commenced Code Enforcement action against Ms. Gleason for performing construction without a permit. Eventually, the Code Enforcement Board rendered an order imposing a fine and a lien on the Gleason property in Case No. 14-064. This Order is recorded at Official Records Book 10834, Page 9091. On September 16, 2016, Ms. Gleason remitted notice to the City in accordance with Section 768.28, Florida Statutes ("Notice"), wherein Ms. Gleason stated a claim against the City relating to drainage issues on her property. Since receiving the Notice from Ms. Gleason,the City and Ms. Gleason have been negotiating a Settlement Agreement ("Agreement") to resolve all issues between them. The City has obtained a permit for the Flewelling Avenue Stormwater Treatment Regular City Commission May 16,2017 System Project("Project") and completion on construction of this Project should result in a drainage system that is capable of accepting and processing all water runoff from the right-of-way adjacent to Ms.Gleason's property.Under the terms of the Agreement,the City agrees to commence construction on the Project within nine months of execution of this Agreement. The Project should be completed within six months of the start of construction. If drainage issues recur following construction of the Project, Ms. Gleason must provide written notice to the City and the City will have 90 days to cure any remaining drainage issues. Also,under the terms of the Agreement,the City agrees to dismiss the Code Enforcement case against Ms. Gleason and, within 30 days of the date of execution of the Settlement Agreement, the City will record the documentation necessary to reflect the release and satisfaction of the Code Enforcement Order. 3. Approval of a One-Year Warranty Surety and Maintenance, Materials, and Workmanship Agreement with Cash Bond with Mattamy Orlando LLC, for the Spring Lake Reserve Subdivision. (Development Engineer Womack) The Spring Lake Reserve subdivision is located on A.D. Mims Road directly across the street from the Jim Beech Recreation Complex. The overall site includes 79 single-family residential lots. This subdivision was approved for construction August of 2014, and all 79 lots should be completely finished by the years end. As part of the platting process the developer is to furnish the City a surety in the amount of 115%of the unconstructed improvements at the time of platting;therefore, Mattamy Homes Orlando furnished the City with a check to cover the outstanding improvements in August of 2015. Typically, the surety provided at the time of platting is returned to the developer once the site work is completed and the site is given a Certificate of Completion. A two-year Maintenance, Materials, and Workmanship Agreement (MM&W Agreement) with a Letter of Credit or Cash Escrow is provided to the City prior to issuance of the Certificate of Completion. In the case of the Spring Lake Reserve subdivision, the developer reached a point in the site development where the site was substantially complete—all of the proposed improvements were in place minus some of the street lighting.The City agreed to allow the developer to proceed to construct homes while the City retained the surety until the street lighting situation could be resolved. The street lighting situation was resolved eventually; however, the Spring Lake Reserve subdivision was never issued an official Certificate of Completion nor has the developer provided the City with a Maintenance, Materials,and Workmanship Agreement as of this date. In order to rectify this situation, Mattamy Homes Orlando has provided the City with a Maintenance, Materials, and Workmanship Agreement for the public improvements in the Spring Lake Reserve subdivision. The improvements covered are for water, sewer, and reclaimed infrastructure. Mattamy Homes Orlando has requested that the City reduce the cash bond provided at the time of platting ($494,738.34) to the amount agreed upon in the MM&W Agreement ($56,629) and return the remainder back to Mattamy Homes Orlando. The City's Development Engineer and Utilities Director have reviewed and approved the estimate. The MM&W Agreement will be in effect for one year rather than the usual two since the subdivision has been substantially complete for over a year already. 4. Approval of Park at 429 Nat. (Development Engineer Womack) The subject property is located on the northeast corner of East Crown Point Road and Palm immediately adjacent to State Road 429. The lots are identified as parcel numbers 13-22-27-0000-00- 016 and 07-22-28-0000-00-095. The total area of the two parcels amounts to 45.85 acres. The developers intend to develop the 45.85 acres as a Light Industrial/Flex Office development consisting of five (5) buildings totaling a maximum of 645,600 sq. ft. This plat is being required in order to reflect the improvements constructed as part of the Park at 429 development. This plat includes easements for public utility improvements, a new public lift station, public sidewalks, and the stormwater management system. Additionally, this plat includes right-of-way dedications to the City along Palm Drive. The Park at 429 development is platting prior to receiving a Certificate of Completion; therefore, the developer is required to provide a Surety covering the proposed improvements as approved in the Park at 429 Preliminary/Final Site Plan.The surety will be provided prior to recording of the plat. 21 Page Regular City Commission May 16,2017 5. Approval of Replat of Parcel 1 of the Villages of Wesmere Plat (Park Place at Maguire). (Development Engineer Womack) The subject property is located on the northeast corner of Maguire Road and Tomyn Boulevard and is located in The Park Place Planned Unit Development (PUD). The site is comprised of 242 multi- family units and a 2.5 acre commercial outparcel. The purpose of the replatting is to allow separate ownership of the Park Place Apartments from the 2.5 acre Commercial parcel. The parcel is identified as parcel number 29-22-28-8895-01-001 and is 14.11 acres in size. This parcel was originally identified as Parcel 1 of the Villages of Wesmere Plat. This replat of Parcel I of the Villages of Wesmere will split the parcel into two lots. Lot 1 will comprise of the 11.61 acre site for the Park Place at Maguire Apartments. Lot 2 will contain the 2.5 acre site for future commercial development. This replat provides cross-access easements for the shared entrances located on Maguire Road and Tomyn Boulevard. The Park Place at Maguire PUD has received a Certificate of Completion prior to this replatting; therefore, the developer is not required to provide a Surety since all public improvements have been completed and covered by a Maintenance, Materials, and Workmanship Agreement. 6. Approval of Ocoee Town Center Plat — Phase 2 (Oasis at Lake Bennet Apartments). (Development Engineer Womack) The subject property is located on the southeast corner of S. Bluford Avenue and Maine Street. The lots are identified as parcel numbers 20-22-28-0000-00-068, 20-22-28-6156-04-000, and 20-22-28- 6156-03-000. The total of the lots affected is 11.91 acres in size. The Oasis at Lake Bennet Apartments is comprised of 302 multi-family units. This plat is being required in order to reflect the improvements constructed as part of the Oasis at Lake Bennet Apartments development and to combine two lots platted previously in the Ocoee Town Center— Phase 1 plat. Lots 3 and 4 of the Ocoee Town Center—Phase I plat will be combined into one large lot. This plat includes easements for public utility improvements, drainage, and sidewalk along S. Bluford Avenue. The Oasis at Lake Bennet Apartments has received a Certificate of Completion prior to this replatting; therefore, the developer is not required to provide a Surety since all public improvements have been completed and are covered by a Maintenance,Materials,and Workmanship Agreement. 7. Approval of Preserve at Crown Point Phase 2A Plat. (Development Engineer Womack) The subject property is located on the former Coke Property the City purchased as part of the Crown Point PUD. The City, through a RFP process, selected Mattamy Homes as purchaser of the site with the intent to build 303 single-family homes. Mattamy Homes has closed on the purchase of Phase 2A and is in the site development process.This plat is being required in order to reflect the improvements constructed as part of The Preserve at Crown Point Phase 2A development. This plat includes easements for public utility improvements and the stormwater management system. The lot is identified as parcel number 01-22-27-0000-00-013. The total subdivision is 102.86 acres in size with Phases 2A and 2B consisting of 57.93 acres and 44.93 acres, respectively. The Preserve at Crown Point(Crown Point PUD) subdivision will include a total of 303 single-family residential lots; Phase 2A makes up 150 of the single-family residential lots. Phase 2A of the Preserve at Crown Point subdivision has residential lot sizes of 45 feet by 124 feet, 55 feet by 124 feet and 75 feet by 124 feet. Mattamy Homes is developing the subdivision as a gated community. Therefore,there is no need for an upgraded street light agreement, as the developer and HOA will be responsible for 100% of the installation, monthly operating costs, any maintenance, and all future replacements for the street lights. Mattamy Homes has executed the City's Traffic Enforcement Agreement to allow for enforcement within the gated community. The Preserve at Crown Point Phase 2A is platting prior to receiving a Certificate of Completion; therefore,the developer is required to provide a Surety in the amount of $3,936,275.80, which is 115% of the cost of remaining improvements covering the proposed improvements as approved in the Ocoee Crown Point PUD Phase 2A Final Subdivision Plan. The Surety and signed Traffic Enforcement Agreement will be provided prior to the recording of the Plat. 31 Page Regular City Commission May 16,2017 8. Approval to Award RFQ #1704 Development of Design Criteria Package for New Ocoee City Hall. (Purchasing Agent Tolbert) In compliance with the Consultants' Competitive Negotiations Act(CCNA), Florida Statutes Section 287.055 and the Purchasing Policy, Chapter 21 of the City's Code of Ordinances, the City solicited statements of qualifications from qualified professional architectural design firms(Respondent, Firm) to develop a design criteria package for the new Ocoee City Hall. The new City Hall is part of a larger public space improvement project that tits within the context of a $45 million public infrastructure investment by the City as a means of stimulating development in the downtown Ocoee area. The architectural design firm will create the design criteria package for procuring a design-build company to construct a new City Hall on a site located at the northeast corner of Bluford Avenue and McKey Street in downtown Ocoee. To do so, the design criteria firm will prepare a package that includes conceptual floor plans, potential exterior and interior elevations, and design details needed to fully convey the City's requirements for the building. Although this work will require the selected firm to anticipate some basic structural elements of the building, it will be left for the design-build contractor to finish the design process by adding structural and other details necessary to build the structure ready for occupancy. The working project budget of$9 million, including design, anticipates the new City Hall will contain up to 40,000 square feet of habitable space, which would accommodate the needs of city staff, local state representatives, and possible commercial space for food services and other retail establishments that could serve the general public and City staff. A key early deliverable by the selected design criteria package firm will be a space analysis, demand, and allocation study to define space requirements for the new structure. The RFQ was advertised on February 19,2017, and was publicly opened on April 4,2017.There was a pre-submittal conference held on March 21,2017. There were two (2) responses received. The Finance and Support Services Departments reviewed these qualification statements and all were considered responsive. The two (2) responses were evaluated by the RFQ Evaluation Committee appointed by the City Manager. The public RFQ Evaluation Committee meeting was held on April 26, 2017, with the Evaluation Committee evaluating and short-listing the firms on specific evaluation criteria, and for the purpose of interviewing the two (2) firms. The evaluation committee short-listed the following firms in ranked order,and recommends contracting with the top-ranked firm,Zyscovich, Inc. 9. Approval of Purchase of 60kw Emergency Power Portable Generator for Lift Stations. (Utilities Director Smith) The Utilities Department currently operates and maintains sixty-two (62) lift stations collecting and pumping sewage from their respective areas to the City's wastewater treatment plant. The stations utilize commercial power to power the lift stations, with seven (7) of the stations equipped with backup generators. The remaining fifty-five (55) stations must be operated by portable generator during power outages.The City has three (3)portable generators, and during Hurricane Matthew the oldest of the generators failed. The non-operable emergency generator was built in 1982, making it thirty-five (35) years old, with repair parts very difficult to obtain; and even when repaired, it will be very unreliable. During periods of wide-spread power outage, two (2) generators cannot adequately meet backup power demands. The generator was programed to be replaced in fiscal year 2019/2020 and is therefore not budgeted for in this fiscal year. However, due to the need to assure adequate backup power coverage, staff is strongly recommending the expedited purchase of the generator, and adequate funds are available in the Utility Department's wastewater repair and replacement reserve fund. Staff is recommending the replacement of the failed generator by purchasing a 60kw emergency portable generator, utilizing the Florida Sheriff's Association Cooperative Purchasing Program. Exercising this method yields cost savings due to the program's buying power and exemption from paying state taxes. This will be the fourth generator purchased through the Sheriffs program. 4IPage Regular City Commission May 16,2017 10. Notification of the Emergency Repair to the Digester Air Line at the Wastewater Treatment Plant. (Utilities Director Smith) The Wastewater Treatment Plant uses aerobic digestion to stabilize and reduce the amount of activated sludge generated by the treatment process. Centrifugal blowers create large volumes of compressed air that is utilized by aerobic bacteria in the plants digester to achieve the stabilization and reduction of this sludge. Approximately 160 feet of buried 16" diameter ductile iron pipe transports this compressed air from the blowers to the digester process. On January 21, 2017, at approximately 5:00 pm, the buried 16" ductile iron pipe transporting the compressed air experienced a large scale failure requiring the aerobic digestion process to be shut down. This failure was due to the extremely corrosive environment created by the temperature and moister content of the air that the pipe is transporting. Several feet of buried airline was blown out. Upon examination of the remaining airline, it was found that the entire buried portion was also extremely corroded and could not be used. It was determined the entire buried portion of the airline needed to be replace. Due to the critical nature of the aerobic digestion process and the financial impact of hauling wet sludge compared to dry sludge, staff solicited quotes from existing City approved contractors for the emergency repair of this airline, and SanPik was the lowest bidder and awarded the work. Additionally, to expedite the pipeline repair, the City obtained the pipe material and fittings directly from HD Supply, and the funds totaling$57,458.00 to facilitate the repairs and to purchase required materials shall be expended from R&R funds. 11. Approval of the Utility Easement Agreement for Water Lines with Orange County Public Schools for Spring Lake Elementary School Site. (Utilities Director Smith) During the reconstruction of Spring Lake Elementary School in 2013,portions of the City's existing water mains running through the school's campus were relocated and additional lines were added to the water main configuration. Staff requested from the Orange County Public School(OCPS) Board and obtained easements over the existing, relocated and the new water mains. Previous to the work the City did not have a utility easement the existing mains,thus no abandonment of existing east was required. The easement grants the City the right to maintain and repair the mains.The Agreement has been reviewed by the City Manager's office and City Attorney and found to be acceptable. G. PUBLIC HEARING 12. Sunbelt Rental Preliminary Site/Subdivision Plan; Project #LS-2017-001. (Advertised in the West Orange Times on Thursday, May 4, 2017)(City Planner Rumer) The subject property is zoned 1-2 (Heavy Industrial) and is located east of State Road 429, south of Ocoee Business Parkway, west of Maguire Road, and north of Enterprise Street. The subject site is approximately 27.86 acres in size of which there is a 1.22 acres isolated wetland and 2.60 acres isolated wetland.The subject site is currently undeveloped.The subject site parcel ID numbers 19-22- 28-0000-00-047. The proposed Sunbelt Rental Large Scale Preliminary Site/ Subdivision Plan consists ofa 12,161 sq. ft. retail rental facility and a 14,408 sq. ft.contractor service and maintenance shop. Additionally, there is 149,000 sq. ft. of outdoor storage area for equipment rentals and an additional leasable tract for future development. The project will be accessed from Maguire Road with a left turn and a right turn deceleration lane being constructed by the applicant. The property will be serviced by City of Ocoee Water and Sewer. A 5.66 acre retention pond located on the west side buffers the site from the 429 Expressway. Additionally, the applicant is proposing to increase landscaping to provide additional shielding from 429 Expressway. The project is proposing one (I) waiver to the Land Development Code. The site has two isolated wetlands which restricts development of the site. The applicant is proposing to mitigate development of the wetlands. As an off-setting benefit, the applicant is agreeable to dedicate right-of-way to the City. First,the applicant is dedicating five(5) feet along Maguire Road. Maguire Road is programmed to be a 100 foot right- of-way and is currently 90 feet. Additionally,the applicant is dedicating land for a future right-of-way extension of a road from Ocoee Business Park to L. F. Roper Pkwy. The proposed extension is indicated in the Downtown Master Plan and on the Preliminary Subdivision plan for Ocoee Business Park. The applicant has submitted a Traffic Impact Analysis using the Institute of Transportation SIPage Regular City Commission May 16,2017 Engineers(ITE) Trip Generation Report, 9ib Addition. The traffic study was performed in accordance with City of Ocoee requirements and a discussion with the City's transportation consultant on the methodology. According to the traffic analysis,the proposed development will generate an estimated 260 net new external trips per day.No level of service issues arose from the study.The Traffic Impact Analysis did indicate operational issues at the entrance. To mitigate issues, the applicant is proposing to: i)dedicate five (5) feet of right-of-way along Maguire Road; ii)provide a left turn lane extending past the entrance of Ocoee's Public Works Facility; and iii) providing a right-turn deceleration lane into the site on Maguire Road. H. FIRST READING OF ORDINANCE-None I. SECOND READING OF ORDINANCE—PUBLIC HEARING 13. Second Reading of Ordinance Amending the City of Ocoee Municipal Police Officers' and Firefighters' Retirement Trust Fund Reflecting Changes Made by Fire and Police Collective Bargaining Agreements. (Advertised in the West Orange Times on Thursday, May 4, 2017) (Police Chief Brown) The first reading of this ordinance change was heard on May 2,2017, and no comments were made. The Pension Board for the City of Ocoee Municipal Police Officers' and Firefighters' Retirement Trust Fund is governed by City of Ocoee Ordinances and State Statutes. Changes to the Police and Fire pension benefits were agreed upon in the Collective Bargaining Agreements of the Police and Fire Unions with the City of Ocoee. The Pension Ordinance must be amended to reflect the agreed upon changes,state law and Internal Revenue Service regulations. 14. Second Reading of Ordinance Amending the Start Time for the Regular City Commission Meetings. (Advertised in the West Orange Times on Thursday, May 4, 2017) (City Attorney Cookson) Section C-13 of the City of Ocoee City Charter allows the City Commission to set the time for its regular meetings by ordinance or resolution. On April 18, 2017, the City Commission discussed moving its regular meeting time from 7:15 to 6:30 and, by consensus, asked that an ordinance be drafted to facilitate this change. On May 2, 2017, during the first reading of the ordinance, the City Commission revisited the discussion for the start time of the meeting and, by consensus, asked that the second reading of the ordinance be drafted to facilitate a new change from 6:30 to 6:15. If adopted,this change would go into effect the first Regular City Commission Meeting in June. J. REGULAR AGENDA K. STAFF ACTION ITEMS L. 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. 61 Page