HomeMy WebLinkAbout09-18-18 Agenda OCOEE CITY COMMISSION
Ocoee Commission Chambers
150 North Lakeshore Drive
Ocoee,Florida
SEPTEMBER 18,2018 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—West Orange Healthy Selfie Day—September 21st. (Mayor Johnson)
Presentation by Summit Construction Regarding a Proposed Fire Station Located within
the Northwest Area of the City. (City Planner Rumer)
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 21,
2018. (City Clerk Sibbitt)
2. Approval of CSC Recording Solutions Agreement. (City Clerk Sibbitt)
The City of Ocoee currently utilizes the United States Postal Service to mail City documents that require
recordation to the Orange County Comptroller's Official Records Department, which is a time consuming
process. The Orange County Comptroller's Official Records Department now offers eRecording. The
eRecording process is a more cost effective, efficient and secure method for recording documents. With
eRecording,documents can be tracked through the entire recording process,which eliminates the potential for
lost documents. Documents are typically recorded the same day; and further, once the document is recorded,
access to the recorded document can be immediately retrieved. This process utilizes a vendor application to
upload the document. The original documents will never leave the City's possession, and funds are
transferred to the vendor for the recording fees.A nominal fee of$4.00 per document is paid to the vendor for
processing. Staff is recommending utilizing CSC Recording Solutions for the vendor. The agreement is
effective upon approval and may be terminated for any reason upon a thirty(30)day written notice.
3. Approval of the Fourth Amendment to Development & Economic Incentive
Agreement for City Center West Orange. (City Planner Rumer)
On September 6,2016,the City Commission approved and executed a Development and Economic Incentive
Agreement for City Center West Orange Phase 1, by and between CCWO Development Management, LLC,
WSCC Development, LLC, MB II, the City of Ocoee, and the Ocoee CRA, for the development of City
Center West Orange. Subsequent to the execution of the Original Agreement,which was on October 3,2016,
CBPW acquired the property fee simple from WSCC Development, LLC by a Special Warranty Deed.By its
acquisition of the above-referenced parcels, CBPW must undertake all obligations inuring to WSCC
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September 18,2018
Development, LLC and CCWO Development Management, LLC under the Original Agreement and by this
Amendment. Additionally, a First Amendment to Development and Economic Incentive Agreement was
approved at the December 6, 2016 City Commission meeting. The Second Amendment to Development and
Economic Incentive Agreement was approved at the January 17, 2017 City Commission meeting, and the
Third Amendment to Development and Economic Incentive Agreement was approved at the December 20,
2018 City Commission meeting; and further, on June 19, 2018 and July 17,2018 the City Commission voted
to extend time under the agreement. The Developer has since created a Community Development District
(CDD) on all of the City Center West Orange Lands. The CDD will repay the developer for infrastructure
improvements made to date and to other improvements going forward. In order to adequately finish the
previously approved infrastructure improvements and additional improvements to be made from new lands
purchased, the Developer is requesting one final Amendment to the Development and Incentive Agreement.
The Fourth Amendment to Development and Economic Incentive Agreement provides for the expiration
dates for Building Permit submittal to be extended from July 2,2018 to September 18,2019 and construction
completion of Maine Street Section 2 date from July 2,2018 to September 18,2019.
4. Approval of Second Amendment to Development Agreement with Fountains West,
Lot 8,Planned Unit Development (PUD). (City Planner Rumer)
Fountains West PUD property is located on the northeast corner of the intersection of West Road and Ocoee-
Apopka Road. The property encompasses approximately 43.03 acres of land of which approximately 4.73
acres was designated as wetland/conservation and was dedicated to the City. Additionally, as part of the
onsite wetland mitigation, 1.1 acres was dedicated to the City as a Public Trail(Tract G). The approved PUD
created eight (8) commercial lots of which one (1) lot is designated as a shopping center(Lot 6-Publix) and
another as a large church facility(Lot 8-Living Waters Church). On June 19,2018,a Substantial Amendment
to the PUD to change the permitted uses of Lot 8 from a Church use to include Commercial, Self-storage,and
daycare uses was approved. The revision to the PUD also included phasing the project in multiple phases.
Phase 1 will include a 102,600 square foot three-story indoor self-storage facility and possible 18,000 square
feet of retail space or daycare. The indoor self-storage is proposed to be accessed via internal drive aisles
within the building.The applicant is working on providing a future location for the Ocoee Fire Department in
Phase 2 or Phase 3. The proposed Second Amendment to the Development Agreement is to update the
permitted uses in the Development Agreement. The list of permitted uses was provided for in the Substantial
Amendment approval. However,the applicant requested to remove the retail use based on an agreement with
•the owners of Lot 6 (Publix Center). Staff supports the change to the table of permitted uses as the proposed
development program does not include a retail user.
5. Approval of Community Grant Program — July 2018 Cycle. (Community Relations
Manager Wright)
The Community Grant Review Board (CGRB) met on August 15, 2018 to discuss the eight applications
received for the Community Grant Program. The Community Grant Program provides financial grants of up
to $500 to non-profit organizations and civic groups located within the city limits or outside the city limits,
but providing benefits to residents of Ocoee. The grant cycle is open twice yearly (January and July) to
acknowledge excellence and further the contributions these local organizations bring to the Ocoee
community. There is$7,000 allotted for this cycle of the Community Grant Program. The Community Grant
Review Board recommends funding seven(7)organizations in the total amount of$3,500. From the eight(8)
applications received, one (1) organization was denied, the Central Florida Regional Science Olympiad
Competition. The organization requested grant funds to pay for polo shirts for their volunteers. This does not
meet the grant criteria.
6. Approval of a Two-Year Warranty Surety and Maintenance, Materials, and
Workmanship Agreement with Letter of Credit with BCI IV Park 429 Logistics
Center LLC for The Park at 429,Lot 3. (Development Engineer Womack)
The Park at 429, Lot 3, is a part of the overall Park at 429 Industrial Park located at 639 East Crown Point
Road. The overall parcel is 45.54 acres in size, while Lot 3 makes up 25.1 acres of the overall development.
Lot 3 consists of two light industrial use buildings that are 195,144 SF and 245,973 SF,respectively. In May
of 2018, the original developer, BPG Ocoee 1 LLC completed construction of the infrastructure
improvements and entered into a two year Maintenance, Materials, and Workmanship Agreement (MM&W
Agreement)with the City and provided a Letter of Credit insuring the public improvements. The property has
since changed ownership from BPG Ocoee 1 LLC to BCI IV Park 429 Logistics Center LLC. The current
ownership wishes to replace the existing MM&W Agreement and Letter of Credit with a MM&W Agreement
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September 18,2018
and Letter of Credit between themselves and the City. BCI IV Park 429 Logistics Center LLC has provided
the City with a Letter of Credit in the amount of 10% of the constructed improvements ($74,722.50). The
Letter of Credit will be kept on file with the signed Maintenance, Materials, and Workmanship Agreement.
This will ensure that funds will be available should they be needed during the two-year warranty period. The
existing MM&W Agreement with BPG Ocoee 1 LLC will be voided and the original Letter of Credit will be
returned to BPG Ocoee 1 LLC. The new Surety will be returned to BCI IV Park 429 Logistics Center LLC
upon completion of the two-year warranty period and the repair of any damages caused over that two-year
period.
7. Approval to Award the Design of Ocoee Wellness Park to GAI Consultants, Inc. —
Community Solutions Group in the Amount of $144,155 to be Funded by the
Community Redevelopment Agency (CRA). (Deputy Development Services
Director/CRA Administrator Corless)
The area known as the Ocoee Wellness Park is located on Bluford Avenue north of Old Winter Garden Road.
The proposed park currently includes a Florida Department of Transportation (FDOT) stormwater retention
facility.FDOT has,through an agreement,agreed to allow the City to use the existing site as a public amenity
or park. The Community Redevelopment Agency's FY 2017-2018 budget identified funding to prepare
engineering and design documentation for the area designated as the Ocoee's Wellness Park. The design
documentation will be based on the Ocoee Wellness Park Conceptual Master Plan that was prepared in 2014.
The design will also incorporate the stormwater pond that is located in front of the City of Ocoee's Police
Department and tie into the surrounding sidewalk system. GAI Consultants, Inc., is currently one of the firms
the City has under contract to provide continuing landscape architecture and planning services,including park
design services.
8. Approval to Award the South Blackwood Avenue Landscape Refresh Project Located
between Old Winter Garden Road and State Road 50 to BrightView Landscape
Services. (Deputy Development Services Director/CRA Administrator Corless)
The Community Redevelopment Agency's (CRA) budget designated funds to refresh the landscape on
S.Blackwood Avenue between Old Winter Garden Road and SR 50.The existing landscape on S.Blackwood
is in poor condition and detracts from the overall aesthetics of the Redevelopment District especially when
compared to the adjacent recent installation of plant materials on Old Winter Garden Road. BrightView is
currently under contract to provide landscape maintenance and upon request may provide a proposal to
improve the City's landscape areas. Following several meetings between BrightView and the City,the City's
Urban Designer prepared design documents directing the replacement of top soil, use of soil amendments, a
detailed planting plan that includes the addition of grasses and plant materials that complement the Old
Winter Garden Road planting, and specified the need to upgrade irrigation to properly meet the new
landscape design.
9. Approval of Joint Participation Agreement and Resolution for the Landscaping
Improvements in the Medians of State Road 50 (Colonial Drive) between State Road
429 and Good Homes Road. (Deputy Development Services Director/CRA
Administrator Corless)
The City submitted a request to the Florida Department of Transportation(FDOT)for funds to landscape the
medians of State Road(SR)50,between SR 429 and Good Homes Road. Based on the City's request, FDOT
has awarded the project a total of$775,000 to be reimbursed to the City over two fiscal years; Fiscal Year
2018/2019 $500,000 and Fiscal Year 2019/2020 $275,000. FDOT will reimburse the City the costs for the
purchase of plant materials, fertilizer, soil amendments, mulches, staking and mulches, and labor associated
with the installation of the planting. The City is responsible for all other costs including the preparation of
construction documents that comply with FDOT design criteria, cost of securing the services of construction
engineering,inspection and irrigation. The project must be completed prior to June 30,2020.
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10. Approval of Change Order No. 1 Regarding Marshall Farms Road Resurfacing, Bid
#B18-02 Asphalt Paving Projects FY 2018 with Orlando Paving Company. (Public
Works Director Krug)
At the May 15, 2018 Commission meeting, the FY 2018 Asphalt Paving Projects bid was awarded to
Hubbard Construction Company (HCC). The City had allocated funding for the resurfacing of Marshall
Farms Road in previous fiscal years, yet deferred moving forward with the work until such time as the
parallel State Road 50 widening project was completed. The State completed their project about the same
time the City awarded the resurfacing projects. Public Works approached HCC to extend the awarded bid
pricing to incorporate the work on Marshall Farms Road as this heavily traveled access road for commercial
traffic is long overdue for resurfacing. The $288,465.39 cost to mill and resurface approximately 3,000 linear
feet of roadway is adequately funded with the carry-forward funds allocated for this project in previous fiscal
years. Public Works recommends approval of the change order to incorporate Marshall Farms Road
resurfacing in the FY 2018 asphalt paving program.
11. Approval of Atlantic Civil (City of Winter Garden's Contactor) Constructing
Approximately 500 Feet of 8-Inch Water Main from the Southwest Development
Utility Improvements Phase II. (Utilities Director Smith)
The Southwest Development Area(SWDA) is comprised of five (5)parcels of land located in the southwest
corner of the City of Ocoee,more specifically adjacent to Tomyn Boulevard/Windermere Road and Roberson
Road between Patriots Point Drive and Wesmere Parkway. Each parcel on its own would not be large enough
to extend utilities to support the parcels' development. Therefore, the City initiated a "Southwest
Development Utility Project"causing the needed utilities to be designed and permitted.Phase II of the project
was planned to be constructed by the first of the developing parcels along Roberson Road. To cover the
construction costs of the project, each of the parcels upon development shall reimburse the City their fair
share. Legacy Lifestyle of Ocoee has agreed to construct Phase II. Legacy will be allowed to use their fair
share obligation and their water/sewer capital fees to offset construction costs. Legacy must provide needed
funds over their fair share and capital fees if construction costs are more than the combined share and fee;and
further, reimburse the difference if the construction costs are less than their total obligation. On June 19,
2018, City Commission approved Winter Garden's Contractor, Atlantic Civil,to construct 780 feet of 8-inch
water main from Phase II, which coincides with the construction limits of Winter Garden's roundabout
project. City staff reached out to Atlantic Civil to add approximately 500 feet of 8-inch water main along
Windermere Road to connect to the nearest charged water main north of the roundabout. Atlantic Civil issued
the City a proposal of $72,574.44 for all the work needed to construct the water main extension. The
remaining portion of the Phase II project will remain the responsibility of the Legacy Lifestyle of Ocoee.
PUBLIC HEARING
12. Nicole Boulevard Subdivision Preliminary & Final Subdivision Plan (PSP/FSP);
Project No: LS-2018-004. (Advertised in the West Orange Times on Thursday, August 30, 2018.)
(City Planner Rumer) Continued to a date to be determined
FIRST READING OF ORDINANCE
13. First Reading of Ordinance Amending the Land Development Code (LDC) Adding a
Definition for Collection Bins and Collection Trailers. (Second Reading and Public Hearing
Date scheduled for October 2, 2018, Regular Commission Meeting at 6:15 p.m. or soon thereafter)
(City Planner Rumer)
Donation collection bins are small containers dedicated for the sole purpose of collecting discarded materials
for reuse. Most collection bids advertise the reuse to benefit a nonprofit charitable organization.Typical items
that are expected to be received are clothing, toys, and small electronics. The bins are considered accessory
structures in commercially zoned and developed properties.The collection bins are not typically manned on a
day to day basis.The City has regulated the location of collection bins in Article VI of the Land Development
Code (LDC). Article VI allows the use of containers if they are within fully screened masonry enclosures
designed for that purpose, and they must be substantially screened from view from adjacent roads or parking
areas.A dumpster enclosure is the best illustration of meeting the requirement. In order to more clearly define
how clothes collection bins and collection trailers are regulated, an amendment to the Land Development
Code defming the terms and regulations is being proposed.
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SECOND READING OF ORDINANCE—None
REGULAR AGENDA
14. City Commission Selection of the Preferred Option for Providing Temporary Housing
for the Human Resources Department Pending Construction of a New City Hall.
(Support Services Director Butler)
Providing housing for the FIR staff is the first step in building a new City Hall. The City Employee Clinic is
presently located on the property needed to construct the new City Hall. Thus,the clinic must be relocated to
make room for City Hall construction, which is anticipated to start in March 2019. The site selected for the
future clinic is the western end of the City Hall Annex building, which is the space currently occupied by the
City Commission offices and the City's Human Relations Department. This means that the first step in
constructing the new City Hall is relocating the Human Relations Department to a temporary location in time
to allow reconstruction of the space so the clinic can be relocated prior to March 2019. While construction
documents were being prepared for remodeling the current HR space to house the clinic, city staff searched
for suitable property to provide the required temporary space for the HR staff
The following basic options exist for providing temporary housing of the Human Resources Department staff
(five persons plus space for employee discussions,candidate interviews,and other needs):
1. Lease a portable unit and place it on city-owned property at an estimated cost of$71,140. This option
includes the cost of the unit, interior build-out, utility connections, and restoration to original condition after
the staff is moved to City Hall.
2. Rent commercially available office space in the city at a cost of$52,500 to $102,600, not including the
cost of any required remodeling to accommodate city staff and related space needs.
3. Purchase the property at 125 E. McKey Street at a price of$250,000 plus closing cost of$10,000 and
early lease termination/possession fees totaling$25,000.
4. Fail to renew the lease for Senator Bracy at the end of November 2018 and modify the space at the east
end of the City Hall Annex to accommodate the HR Department at a cost of$18,000. There will also be the
loss of$24,000 in lease revenues and possibly some costs associated with eliminating the adjacent City Clerk
storage space.
15. Authorize the City Manager to Formally Propose use of City Property for Future
Location of a St. Johns River Water Management District Local Office. (Assistant
City Manager Shadrix)
City staff is actively engaged to bring a greater corporate presence to the downtown redevelopment area, the
Community Redevelopment Area(CRA), and the State Road 429 corridor, having met with no fewer than a
half dozen companies in recent months. There are numerous reasons that bringing a corporate presence to
downtown Ocoee is beneficial to our current and future goals. An office building with 50+ professional
employees making excellent wages is the type of user necessary in a developing downtown for improving the
retail and residential base. The City's economic development team pursued the St. Johns River Water
Management District (SJRWMD) for consideration for any future satellite office and wishes to provide a
formal proposal to the District at their request. Staff recommends that the City Commission direct the City
Manager to submit a proposal letter to the SJRWMD officially offering the city owned property located at the
corner of Kissimmee Avenue and McKey Street free of charge for consideration of a future local office. It is
recommended that the City Commission direct that the proposal include offerings of free use of the Lakeshore
Center,partnership opportunities regarding fleet services,expedited permitting and inspections.
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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