HomeMy WebLinkAbout08-21-18 Agenda
OCOEE CITY COMMISSION
Ocoee Commission Chambers
150 North Lakeshore Drive
Ocoee, Florida
AUGUST 21, 2018 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
Proclamation – 9/11 Remembrance. (Mayor Johnson)
Presentation of the Downtown Amenity Package. (Deputy Development Services Director/
CRA Administrator Corless)
COMMENTS FROM CITIZENS/PUBLIC
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 August 7,
2018. (City Clerk Sibbitt)
2. Approval of Reappointment to the General Employees’ Pension Board of Trustees.
(City Clerk Sibbitt)
Trustees for the Pension Boards serve four (4) year terms, as amended in Ordinance 2009-020. The City
Commission appoints two (2) of the trustees, two (2) are elected from the employee body, and the fifth trustee
is chosen by those four (4) trustees and presented to the City Commission for certification of the appointment
as a ministerial act. The term of Trustee Patricia Gleason expires on September 30, 2018, and she has
indicated she is willing to serve another term, if appointed. At this time no other applications have been
received for serving on this board.
3. Approval of Reappointment to the Police Officers’/Firefighters’ Retirement Board of
Trustees. (City Clerk Sibbitt)
Trustees for the Pension Boards serve four (4) year terms, as amended in Ordinance 2010-019. The City
Commission appoints two (2) of the trustees from the legal residential body of the City of Ocoee, two (2) are
elected from the employee body (one (1) police officer and one (1) firefighter), and the fifth trustee is chosen
by those four (4) trustees and presented to the City Commission for certification of the appointment as a
ministerial act. The term of Trustee William Maxwell expires on September 30, 2018, and he has indicated he
is willing to serve another term, if appointed. At this time no other applications have been received for
serving on this board.
Regular City Commission
August 21, 2018
4. Approval of a Two-Year Warranty Surety and Maintenance, Materials, and
Workmanship Escrow Agreement with MPV SBR Ocoee, LLC, for the Sunbelt
Rental. (Development Engineer Womack)
Sunbelt Rental is located at 259 Maguire Road, immediately north of the City of Ocoee Public Works
Department. The lot is identified as Parcel Number 19-22-28-0000-00-047. The total area of the parcel
amounts to approximately 28.234 acres. Sunbelt Rental consists of a 12,161 sq. ft. retail rental facility, a
7,800 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. The developer has nearly completed
construction of the infrastructure improvements necessary for Sunbelt Rental and will be requesting a
Certificate of Completion for the overall development. The infrastructure improvements include the sewer,
potable water, reclaimed water systems, the retention pond and swales, the addition of turn lanes on Maguire
Road, concrete and crushed asphalt equipment storage yards, and other improvements under the provisions.
Additionally, Sunbelt Rental constructed a new 10” water main to allow for future, more robust connections
of public water utilities for the businesses on Enterprise Street. All identified punch list repairs are currently
being completed, and the developer will be ready to start the two-year warranty period for the public
infrastructure improvements once the punch list items are inspected. 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 choose not to make those repairs. MPV SBR
Ocoee, LLC has provided the City with a check in the amount of 10% of the constructed public
improvements ($22,193.74). The Maintenance, Materials, and Workmanship Escrow Agreement acts as the
executable document between the developer and the City. The surety will be kept with the signed
Maintenance, Materials, and Workmanship Agreement, which will ensure that funds will be available should
they be needed during the two-year warranty period. The Surety will be returned to the developer upon
completion of the two-year warranty period and the repair of any damages caused over that two-year period.
5. Approval of the Mattamy Homes Preserve at Crown Point Public Access Multi-Use
Trail Easement. (Development Engineer Womack)
Mattamy Orlando, LLC, a Delaware limited liability company, is the owner and developer of Ocoee Crown
Point PUD (Preserve at Crown Point Subdivision). Mattamy was required to construct an eight (8) foot wide
public access multi-use trail along the west side of the Preserve at Crown Point Subdivision in the upland area
adjacent to Lake Apopka. Ultimately, this trail will provide a scenic pedestrian connection from the West
Orange Trail to a future City of Ocoee waterfront park on Lake Apopka. The multi-use trail was platted on
the Preserve at Crown Point Phase 2A Plat as Tract PA. Upon completion of the subdivision, a review of the
As-Built drawings revealed that the multi-use trail was not constructed within the platted trail tract, Tract PA.
This discrepancy between the originally planned location of the trail and the As-Built location of the trail was
due to unforeseen grading challenges along the Lake Apopka upland buffer. City Staff has worked with the
City Attorneys and Mattamy Homes to provide an updated public access easement to cover the multi-use trail
as constructed. The easement will create a nonexclusive public access multi-use trail easement over the trail
as constructed. The City will have the right to provide maintenance of the trail; however, the Preserve at
Crown Point Homeowners Association will retain ownership and maintenance responsibilities.
6. Approval of the City of Ocoee’s Banking Services with SunTrust and Piggy-Backing
on the City of Ocala’s Contract with SunTrust. (Finance Director Roberts)
The City of Ocoee’s contract with SunTrust will expire August 31, 2018. The existing contract was a piggy-
backing relationship based upon Marion County’s contract. Marion County’s contract has expired; however,
SunTrust has agreed to allow the City to extend our banking services for one year by piggy-backing on the
City of Ocala’s newly-extended contract (Contract #FIN 14-005). The City of Ocala’s contract provides
several benefits over the Marion County contract. Specifically, the new contract will result in lower treasury
service charges as well as an improved ECR of .75% versus .5% and an interest rate of 1.25% versus .15%.
At the City’s current cash levels, this may result in an estimated increase of $71,000 in monthly interest
earnings; $860,000 annually. Further, SunTrust agreed to offer an additional one year renewal option. This
extension of services will allow the City to review and negotiate its relationship with SunTrust or issue and
evaluate a solicitation for banking services in the next fiscal year.
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Regular City Commission
August 21, 2018
7. Approval of Reallocation of Capital Funding for Downtown Redevelopment Projects.
(Finance Director Roberts)
The City began an aggressive Downtown Redevelopment/Improvement plan funded by a $25M bond issued
in 2017. Costs for the projects underwritten by the bond were based on best available estimates at that time.
However, growth and development throughout Florida has exceeded expectations and driven up the cost of
construction products and services. To meet the challenge of completing the development plan, the project
management team formed a strategy to fund the increased costs. This strategy includes allocating $1,442,000
of Recreation Impact Fees and $2,635,571 of Road Impact Fees to qualifying projects, thereby making
available $3,577,571 of bond funding for reallocation to the new City Hall. Additional funding reallocations
may be required in the future as the projects mature and residual funding is returned to the reserve or
additional funding is required to complete a project. To facilitate the team’s ability to timely manage these
Commission approved projects, we request the Commission authorize the City Manager to make any
necessary funding adjustments within the total amount of funding currently or in future allocated to the
downtown projects.
8. Approval to Decrease the Fiscal Year 2017/2018 Budgeted Purchase from Two Smart
Boards to One Smart Board. (Police Chief Brown)
The City of Ocoee Police Department received budget approval to purchase two smart boards at a cost of
$10,000. As the purchase of smart boards requires installation and a maintenance agreement, the cost
exceeded our original budget estimate. The Police Department would like reduce the purchase requirement to
one smart board at cost of $9,473.41, which does not exceed the funds allocated for the current budget year.
9. Approval of a School Resource Officer Agreement with Kid’s Community College
Charter School. (Police Chief Brown)
The Florida Legislature has amended Section 1006.12, Florida Statutes, entitled “Safe-School officers at each
public school” to require each District School Board and School District Superintendent to partner with law
enforcement agencies to establish or assign one or more safe-school officers at each school facility within the
district by implementing a security option which best meets the needs of the school district. The Ocoee Police
Department will provide one (1) School Resource Officer to Kid’s Community College Charter School which
is located within the city limits of Ocoee. Annual agreements between the City and the Charter School are
required in order for the Police Department to understand its officers' responsibilities and for the City to be
reimbursed by the Charter School’s Board of Directors for a portion of the officers' annual salaries. This
agreement is effective from July 1, 2018 to June 30, 2019. The agreement was written by the City Attorney.
For School Resource Officer services, the Charter School will be charged a prorated fee based on the 10
month school year. The City of Ocoee Police Department will request one (1) new officer position be placed
in the 2018/2019 budget.
10. Approval of Interlocal Agreement between Orange County and City of Ocoee for
Improvements and the Transfer of the Intersection of Fullers Cross Road and Ocoee-
Apopka Road. (Public Works Director Krug)
At the June 5, 2018 meeting, the City Commission approved entering into an Interlocal Agreement with
Orange County for the improvements to the Fullers Cross Road and Ocoee-Apopka Road intersection. The
City and County agree improvements should be made to the intersection and that these improvements are
most efficiently and expeditiously accomplished if the City and County partner to fund such improvements.
The City agrees to manage the design, bidding, and construction of the improvements. The City and County
agree to split the costs of the improvements 50/50 with the City’s share including the value of City property
dedicated for right-of-way. The City will be responsible for maintenance of the intersection following
completion of the project. The existing intersection is a signalized, four-way crossing with rural sections on
both roads. The proposed improvements will be to 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. Development Services and Public Works recommend approval. Upon
City Commission approval, the executed Interlocal Agreement will be sent to Orange County for formal
approval and execution.
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Regular City Commission
August 21, 2018
11. Approval to Award RFP #18-002 Emergency-Disaster Debris Removal Term
Contract. (Purchasing Agent Tolbert)
The City’s current continuing contract for Emergency-Disaster Debris Removal services will expire upon
execution of contracts for this RFP. In compliance with State and Federal Regulations and Chapter 21 of the
City’s Code of Ordinances, the City solicited proposals for pre-event emergency-disaster debris removal
services from qualified contractors to perform the required services. Each Contractor will be required to enter
into a contract with the City along the terms and conditions included in the RFP, including the RFP Exhibits
and Federal Requirements, for the initial period of three (3) years with two (2) separate automatic one (1)
year renewal terms, the contract may be optionally renewed for an additional one-year period at the option of
the City after the completion of the renewal terms. This pre-event contract is subject to the provisions of 2
C.F.R. Part 200 and the Robert T. Stafford Disaster Relief and Emergency Assistance Act. The RFP describes
and defines the services which are required for the execution of Natural Disaster-related emergency debris
removal from Federal-Aid Highway segments, State, local, and private roadways within the City of Ocoee in
Orange County, Florida. The City reserves the right to add or delete roadway segments at the direction of the
Engineer at no additional cost to the City. The City, at its sole discretion, may elect to perform work with in-
house forces or additional contract forces. Proper documentation as required by Federal Highway
Administration (FHWA), Federal Emergency Management Agency (FEMA), or other federal natural disaster
response agency shall be provided for all debris removal operations to ensure reimbursement to the City from
the appropriate federal agency. Contractor shall comply with FHWA and/or FEMA laws and regulations,
including those now in effect and hereafter adopted. The RFP was advertised on June 24, 2018 and was
publicly opened on July 24, 2018. There were nine (9) responses received. The Finance and Public Works
Departments reviewed the proposals and all were considered responsive. The nine (9) responses were
evaluated by the RFP Evaluation Committee, which was held on August 7, 2018. The evaluation committee
recommends contracting with the top three (3) ranked firms, CrowderGulf Joint Venture, Inc., Ceres
Environmental Services, Inc., and T.F.R. Enterprises, Inc.
PUBLIC HEARING - None
FIRST READING OF ORDINANCE – PUBLIC HEARING
12. First Reading of Ordinance for Greens at Forest Lake Large Scale Comprehensive
Plan Amendment from Low Density Residential to Medium Density Residential and
Rezoning to Planned Unit Development/Land Use Plan (PUD/LUP); Case No: CPA-
2018-005. (Advertised in the West Orange Times on Thursday, August 9, 2018. Date of Second Reading
Contingent on Approval of DEO.) (City Planner Rumer)
The subject property is located on the eastern terminus of Fountains West Boulevard, west side of S.R 429,
and the east side of the West Orange Trail. The property is approximately 29.17 acres and
vacant/undeveloped. This site does contain some of the Wekiva Study Area environmental indicators such as
“A” soils on a portion of the site. The proposed amount of open space provided is more than the 35%
required. The applicant, Meritage Homes, proposes to develop the 29.17 acres as a 200 lot townhome
development with a density of 6.89 dwelling units an acre. Access to the site will be via an extension of
Fountains West Boulevard with an additional future access on the south side of the property. The townhomes
being proposed are 24 feet wide by 107 feet deep lot sizes with a three bedroom/ two bath with a two-car
garage. The minimum living area will be 1,500 square feet. A master stormwater system is proposed and
contains over six acres of open space. The parcel is adjacent to the West Orange Trail. Additionally, the
development will provide residents a 0.80 acre recreation tract consisting of a pool, cabana, and playground
with an additional 73 “guest” parking spaces. A 30 foot tract on the south side will be dedicated and deeded
to the City in order to provide future access. Once the adjacent parcels develop, the remaining right-of-way
will be dedicated for an additional access. Fountains West Boulevard will be extended to provide access for
another parcel that is undeveloped and not within the City jurisdiction.
a) First Reading of Ordinance for Large Scale Comprehensive Plan Amendment
b) First Reading of Rezoning Ordinance (this item is not a public hearing)
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Regular City Commission
August 21, 2018
13. First Reading of Ordinance for Comprehensive Plan Amendments for the 10-Year
Water Supply Facilities Work Plan Update. (Advertised in the Orlando Sentinel on Sunday,
August 12, 2018. Date of Second Reading Contingent on Approval of DEO.) (City Planner Rumer)
On March 20, 2018, the City Commission recommended transmittal of an ordinance for proposed
amendments to the Comprehensive Plan based on the 10-Year Water Supply Facilities Work Plan. Staff is
bringing a new ordinance which more accurately reflects the proposed changes in order to transmit to the
Florida Department of Economic Opportunity (DEO). The proposed changes for consideration include:
1) Addition of a 10-Year Water Supply Facilities Work Plan by Reference to the Comprehensive Plan, 2)
additions to the Future Land Use Element, Conservation Element, Potable Water Sub-Element,
Intergovernmental Coordination Element, and the Natural Ground Water Aquifer Recharge Element for the
purpose of implementing the 10-Year Water Supply Facilities Work Plan, and 3) Direct staff to transmit the
proposed amendments to the Florida DEO for review and comment. The City of Ocoee is located in west
Orange County and is predominately located within the jurisdiction of the St. Johns River Water Management
District (SJRWMD) with a southern portion of south Maguire located within the South Florida Water
Management District. The City’s updated 10-Year Water Supply Facilities Work Plan and amendments to the
Comprehensive Plan will be reviewed and approved by Florida DEO and SJRWMD. After addressing any
comments that may be received from the Florida DEO and/or SJRWMD, the amendments will be presented
to the City Commission for the second reading of ordinance and final adoption.
14. First Reading of Ordinance for Large Scale Comprehensive Plan Amendment – Past
Joint Planning Agreement (JPA) Amendments and Future Land Use Map (FLUM)
Clean Up; Case No: CPA-2018-002. (Advertised in the Orlando Sentinel on Sunday, August 12,
2018. Date of Second Reading Contingent on Approval of DEO.) (City Planner Rumer)
On March 20, 2018, the City Commission recommended transmittal of an ordinance for proposed
amendments to the Comprehensive Plan based on updates to the Future Land Use Map series. The ordinance
has been updated to more accurately reflect the proposed map updates and text changes. Staff is bringing a
new ordinance which more accurately reflects the proposed changes in order to transmit to the Florida
Department of Economic Opportunity (DEO). The City proposes to update the Existing Land Use Map and
the Future Land Use Map of the Future Land Use Element of the Ocoee Comprehensive Plan to reflect
annexations and comprehensive plan amendments adopted the past few years to (i) incorporate by reference
the Seventeenth (17) and Eighteenth (18) Joint Planning Area Agreement Amendments; (ii) amend
Subsection I of the Future Land Use Element in order to reflect the Fifth through the Sixteenth Joint Planning
Area Agreement Amendments; (iii) amend the Future Land Use Map to conform to the Joint Planning Area
Agreement, as amended, and to reflect small scale comprehensive plan amendments and annexations since
the last update; and (iv) amend the Existing Land Use Map to conform to the Joint Planning Area Agreement,
as amended and to reflect small scale comprehensive plan amendments and annexations since the last update
and direct staff to transmit the proposed amendments to the DEO for review and comment.
SECOND READING OF ORDINANCE – PUBLIC HEARING
15. Second Reading of Ordinance Amending Chapter 124-6 of the City Code of
Ordinances Renaming Russell Drive Park to Frank W. Turner Park. (Advertised in the
West Orange Times on Thursday, August 9, 2018.) (Acting Parks and Recreation Director
Johnson)
At the July 17, 2018 meeting, the City Commission approved a motion renaming Russell Drive Park to Frank
W. Turner Park. The motion was unanimously approved to rename Russell Drive Park to Frank W. Turner
Park, which now will require an amendment to the current ordinance for Russell Drive Park. The first reading
of the ordinance was read at the August 7, 2018 City Commission meeting. There is a provision in Chapter
124 of the City Code relating to Russell Drive Park that now should be amended for purposes of regulation of
park hours under the Code. Chapter 124-6A(2) reads, “Rules for use of City parks and Facilities; (A) Hours
of use - Parks and outdoor recreation facilities; (2) It shall be unlawful to congregate in or use any of the
following parks or outdoor recreation facilities after sunset and before 7:00 a.m.: Forest Oaks Park, Freedom
Park, Jamela Street Park, Palm Park, Palm Drive Park, Parkside/Coventry Park, Prairie Lake Park, Frank W.
Turner Russell Drive Park, and Silver Glen Park. The hour of sunset is established for the purpose of this
section as the hour of sunset as determined by the National Weather Service Bureau.”
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Regular City Commission
August 21, 2018
16. Second Reading of Ordinance for Top Gun Cheer – 651 South Bluford Avenue
Rezoning; Project No: RZ-18-05-07. (Advertised in the West Orange Times on Thursday, August 9,
2018.) (Planner Jones)
The subject property is located on the west side of S. Bluford Avenue and on the south side of W. Columbus
Street. The Parcel Identification Number is 17-22-28-6144-04-210. The subject parcel is approximately 4.51
acres and currently vacant. The Applicant is rezoning the property from General Industrial (I-2) to Restricted
Manufacturing & Warehousing (I-1) for a competitive cheerleading gym in order to conform to the existing
land use designation. The I-1 zoning designation is consistent with the adopted future land use designation of
Light Industrial shown on both the City of Ocoee and Orange County Joint Planning Area Future Land Use
Maps. The Development Review Committee and Planning and Zoning Commission reviewed the proposed
rezoning and both voted unanimously to recommend approval.
REGULAR AGENDA - None
STAFF ACTION ITEMS
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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