03-05-2019 Minutes MINUTES
REGULAR CITY COMMISSION MEETING
MARCH 5,2019
CALL TO ORDER- 6:1.5 PM
Mayor Johnson called the regular session to order at 6:15 PM in the Commission Chambers of
City Hall. The invocation was led by Joseph Williamson (Central Florida Freethought
Community), followed by the Pledge of Allegiance to the Flag led by Commissioner Firstner.
City Clerk Sibbitt called roll and declared a quorum present.
Present: Commissioner Grogan, Commissioner Wilsen, Mayor Johnson, Commissioner Firstner
Absent: Commissioner Oliver
Also Present: City Manager Frank, City Attorney Cookson, City Clerk Sibbitt
PRESENTATIONS AND PROCLAMATIONS - None
COMMENTS FROM CITIZENS/PUBLIC - 6:42 PM (Heard out of agenda order.)
William Maxwell, 558 Woodson Ave Ocoee, FL requested the City's support regarding media
coverage for the National Symposium being held at the University of Florida in Gainesville
March 21-23, 2019. He shared that he had obtained a quote of roughly $2100 to cover the three-
day event. Mayor Johnson shared that given the historical value he is in support of this expense.
Support Services Director Butler shared when he heard several weeks ago of the interest for
media coverage he reached out to the event planner at the University of Florida and was advised
that the entire event would be recorded. They also agreed to make the videos available at no cost
to the City for its use. Commissioner Grogan thanked Mr. Maxwell for all of his hard work, and
acknowledged that without his hard work and dedication participation at this event would not
have happened. Mayor Johnson strongly agreed with Commissioner Grogan's statement.
Mayor Johnson shared there will be an informational forum on Thursday, March 14, 2019 from
5:30 PM to 7:00 PM at the Woman's Club of Ocoee, hosted by Metroplan Orlando. Deputy
Director of Development Services Corless explained the purpose of the meeting is to review the
Silver Star Road Complete Streets Study regarding options to provide a lower cost alternative to
roadway widening with improved safety while including an extension of the West Orange Trail to
Downtown Ocoee. She shared that additional information regarding the forum can be found on
the City's website and Facebook page. There are also informational flyers available to the public
in the lobby of City Hall.
STAFF REPORTS AND AGENDA REVIEW- 6:19 PM
City Manager Frank announced before them is the following:
Emergency Item #1 —Award of City Hall Annex Reconstruction Needed to Relocate the
Employee Clinic and Temporarily House the Human Resources Department to
Accommodate Construction of a New City Hall in the Amount of $370,884.32, Subject to
Final Negotiations. (Support Services Director Butler)
He explained the City bid this project out, but it came in significantly over budget so the bid was
not accepted. Recently, staff was able to do some negotiations with a contractor who is currently
doing some work for the City which resulted in a savings of$100,000.
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March 5, 2019
Support Services Director Butler shared that staff is continuing to negotiate a few minor items
as their original bid did not include the payment of performance bonds which are required by law.
The price proposal changed slightly and is currently at $373,213.85 which explains why staff is
recommending to negotiate a final agreement (including value engineering price reductions) not
to exceed $400,000 as stated in the staff report. Commissioner Firstner inquired if the
reallocated funds from the Silver Star Realignment Project would delay that project. Support
Services Director Butler answered it would not as additional support is being provided from
MetroPlan Orlando. Brief discussion ensued which detailed the proposed reconstruction.
Commissioner Wilsen inquired when the project is projected to be completed. Support Services
Director Butler advised that the construction and the relocation of the clinic needs to be
completed by the end of June as construction of the new City Hall is scheduled to begin on July
1st. Commissioner Wilsen confirmed that the bond requires construction of the Downtown to be
completed in five years. Support Services Director Butler answered in the affirmative, but
shared there is also a three-year threshold before penalties related to the interest earned on the
money may be imposed.
Motion: Move to approve Emergency Item #1 - Award of City Hall Annex
reconstruction as needed to relocate the Employee Clinic per staffs
recommendation; and further authorize staff to negotiate a final agreement not to
exceed $400,000; Moved by Commissioner Wilsen, seconded by Commissioner
Firstner; Motion carried 4-0 with Commissioner Oliver absent.
COMMISSIONERS ANNOUNCEMENTS - 6:26 PM
Commissioner Grogan—None
Commissioner Wilsen—None
Commissioner Firstner—None
Mayor Johnson — 1) Announced the City's General Municipal Election for the Commission seat
for District 1 will be held next Tuesday, March 12th, at the Jim Beech Center located on A.D.
Mims Road. Early voting started yesterday and ends this Friday, March 8th, at the Orange County
Supervisor of Elections Office. To view a sample ballot, please visit the Elections page on the
City's website. 2) Announced that due to the election the Planning & Zoning Meeting scheduled
for next Tuesday, March 12th, has been moved to Monday, March 25th, at 6:30 PM here at City
Hall.
CONSENT AGENDA - 6:27 PM
Commissioner Wilsen asked for confirmation on Item #2 ensuring this item was approved at the
CRA Meeting. City Attorney Cookson answered in the affirmative and advised the funds would
have been approved as part of the CRA budget and funding.
Consent Agenda Motion
Motion: Move to adopt the Consent Agenda Items #1 - #12. Moved by
Commissioner Grogan, seconded by Commissioner Firstner; Motion carried 4-0
with Commissioner Oliver absent.
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1. Approval of the Minutes for the Regular City Commission Meeting held February 19,
2019. (City Clerk Sibbitt)
Approved on Consent. Motion carried 4-0 with Commissioner Oliver absent.
2. Approval to Award Phase II - Landscape Enhancement of Old Winter Garden Road
Medians between South Blackwood Avenue and Hempel Avenue to BrightView
Landscape Services. (Deputy Development Services Director/CRA Administrator Corless)
Last fiscal year, the Community Redevelopment Agency (CRA) funded the enhancements to the landscape in
the Old Winter Garden Road medians between Maguire Road and S. Blackwood Avenue (Phase I). BrightView
Landscape Services installed and now maintains the Phase I improvements. This project is intended to continue
the planting design that was implemented last year. The reason enhancements are needed is the existing
landscape in medians of Old Winter Garden Road, east of Blackwood Avenue, is in poor condition and detracts
from the overall aesthetics of the Redevelopment District. The CRA identified this project in their FY 18-19
Budget. BrightView Landscape Services is currently under contract to provide landscape maintenance and upon
request may provide a proposal to improve the City's landscape areas. The City's Urban Designer/Landscape
Architect prepared design documents directing the replacement of top soil, use of soil amendments, a detailed
planting plan that includes plant materials that complement Phase I of the Old Winter Garden Road median
planting, and specified the need to upgrade irrigation to properly meet the new landscape design. BrightView
Landscape Services prepared a proposal to install the median landscape enhancements based on the City's
design and installation documents. This request meets the City's purchasing guidelines.
Approved on Consent. Motion carried 4-0 with Commissioner Oliver absent.
3. Approval of a Two-Year Warranty Surety and Maintenance, Materials, and
Workmanship Agreement with Standard Pacific of Florida GP, Inc., for Phase 3A and
3B of the Arden Park North Subdivision. (Development Engineer Womack)
Arden Park North is a large single-family residential subdivision located north of Clarcona-Ocoee Road
between Clarke Road and Ingram Road. Construction of the Arden Park North subdivision is planned to be
developed in six phases. Phases 3A and 3B contain 116 detached single-family homes. The developer has
completed construction of the infrastructure improvements for Phases 3A and 3B and has requested a
Certificate of Completion for these phases. The infrastructure improvements include the water, sanitary sewer,
and reclaimed water utilities, the streets and stormwater collection system, and the perimeter wall and
associated landscaping.All identified punchlist repairs have been completed,minus some perimeter fencing and
site lighting, and the developer is ready to start the two-year warranty period for the reclaimed water
improvements. 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 not choose to
make those repairs. Standard Pacific of Florida GP, Inc., has provided the City with a Letter of Credit in the
amount of 10% of the constructed improvements. The Maintenance, Materials, and Workmanship Agreement
acts as the executable document between the developer and the City. The Surety will be returned to the
developer upon completion of the two-year warranty period and the repair of any damages caused over those
two years.
Approved on Consent. Motion carried 4-0 with Commissioner Oliver absent.
4. Approval for Declaration of Surplus Property for Fiscal Year 2018/2019. (Purchasing
Agent Tolbert)
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. Due to
market demand, Gideon is now performing online auctions only; however, Gideon will continue to 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 that do not sell
would be listed again, or other selling options will be explored by Staff and brought back to the City
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Commission for approval. The surplus items will be delivered or transported by Gideon to the Gideon property
located at 2753 N. Hwy. 441, Zellwood, FL 32798. The public viewing of items at the auction site is during
business hours from 9:00 a.m. to 4:00 p.m., 3:30 p.m. for vehicles. A link to the City's surplus auctions on
Gideon's auction site will be placed on the City's website. The notice of auction will be advertised in the
Orlando Sentinel,the West Orange Times, and the City's Internet site.
Approved on Consent. Motion carried 4-0 with Commissioner Oliver absent.
5. Approval for Amendment of the Combined Operational Assistance and Voluntary
Cooperation Mutual Aid Agreement. (Police Chief Brown)
The Ocoee City Commission previously approved the Combined Operational Assistance and Voluntary
Cooperation Mutual Aid Agreement with the Orange County Sheriffs Office on April 18,2017. With the recent
election of Sheriff John Mina, the agreement must be updated to reflect the name and signature of the new
sheriff. It is beneficial to the Ocoee Police Department and the Orange County Sheriff's Office to receive and
extend mutual aid in the form of law enforcement services and resources to adequately respond to intensive law
enforcement situations including, but not limited to, emergencies as defined under Florida Statute 252.34; and
continuing, multi jurisdictional law enforcement problems, so as to protect the public peace and safety and
preserve the lives and property of the people.
Approved on Consent. Motion carried 4-0 with Commissioner Oliver absent.
6. Approval to Purchase Two Fully-Equipped Yamaha Motorcycles from Sole Source
Provider Global Enforcement Motors,Inc. (Police Chief Brown)
For the 2018-2019 budget year, the Police Department budgeted $53,000 for the purchase of two new police
motorcycles. The Police Department is requesting to purchase Yamaha motorcycles from Global Enforcement
Motors who can provide all the custom needs and specifications to the motorcycles that the Police Department
is requesting. Global Enforcement Motors, Inc.,has provided a sole source letter stating for the past seven years
they are the "one stop shop" for Yamaha motorcycles and will provide all the modifications to the motorcycles
before they are shipped. Once the motorcycles arrive, they will be ready for use. Global Enforcement Motors
has provided an invoice for two Yamaha motorcycles that come under budget.
Approved on Consent. Motion carried 4-0 with Commissioner Oliver absent.
7. Approval of Litigation Services with DeYoung Law Firm, P.A.,for Contested Red Light
Camera Citations. (Police Chief Brown)
The City of Ocoee Police Department attends regularly scheduled red light camera hearings when a violator
contests a uniform traffic citation from a red light camera violation. In court a violator's attorney has argued
police officers cannot lay predicate and testify to red light camera violations without an attorney representing
the City. Erin L. DeYoung, of DeYoung Law Firm currently represents six different municipalities in the
Central Florida area at their red light camera hearings.DeYoung Law Firm will provide litigation services on an
as needed basis as requested by the City of Ocoee Police Department and agreed upon by the Contractor,but the
primary litigation service being provided will be representing the City of Ocoee Police Department at monthly
red-light camera hearings. The litigation services will be billed by the DeYoung Law Firm, P.A., at a rate of
$200 per hour in fifteen-minute increments.
Approved on Consent. Motion carried 4-0 with Commissioner Oliver absent.
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8. Approval of Stormwater Division Budget Reallocation. (Public Works Director Krug)
The budget for the Stormwater Division of Public Works includes funding designated for Debt Service in
anticipation of financing the Downtown Master Stormwater System project. The project continues to move
forward utilizing available funding without the need for obtaining financing at this time. Due to the positive
financial position of the project, Public Works is requesting Commission approval to reallocate Stormwater
funds currently designated for debt service. The current amount allocated to Debt Service in the Stormwater
budget is $1,400,000.00. Public Works is requesting a total of$250,000.00 be reallocated to two projects; 1)
$200,000.00 to the Bluford Avenue Improvement Project to cover the construction costs for the stormwater
system redesign due to unanticipated existing utilities and 2) $50,000.00 for Contractual Services for the
unanticipated increased Florida Department of Environmental Protection (FDEP) monitoring requirements
mandated in the City's National Pollutant Discharge Elimination System (NPDES) permit. Public Works
recommends the reallocation.
Approved on Consent. Motion carried 4-0 with Commissioner Oliver absent.
9. Approval of Change Order No. 1 for the Lakefront Park Improvements in the Amount
of$66,944.67. (Support Services Director Butler)
The City Commission awarded the work of constructing Phase 1 of the Lakefront Park Improvements project to
MARBEK Construction, Inc. A major element of that work is construction of a new parking lot between the
Lakeshore Center and Bluford Avenue. The City Utilities Department is decommissioning the existing City
Hall lift station and replacing it with a larger facility across the street that will also provide service to the
downtown commercial area. A connecting pipe is needed to link the existing lift station to the new one. This
pipe needs to be installed before the new parking lot is constructed.
Approved on Consent. Motion carried 4-0 with Commissioner Oliver absent.
10. Approval to Proceed with Phase 2 Design Task Order Under the Existing Agreement to
the Lakefront Park Improvements and City Hall Relocation Projects. (Support
Services Director Butler)
Lakefront Park Improvements is a capital project included in the City's list of approved investments using funds
allocated from the 2017 General Fund Capital Bond Issue and was one of the primary focal points of the
Downtown Master Plan. The project consists of multiple construction phases, as some parts of the project
depend on removal of the existing city hall. The total project budget is roughly$9 million, with an anticipated
$3,042,000 coming from the capital bond fund. The design for Phase 1 has been completed and work needs to
begin on Phase 2, which encompasses the block to be occupied by the new Ocoee City Hall and other
improvements. These other improvements are currently proposed to be an event pavilion and a small splash pad
facility to the east of City Hall and a trailhead structure for the new West Orange Trail Connector along Bluford
Avenue. Onsite parking for the new City Hall is also part of this phase of the work. The design form of S&ME
was awarded the work of Lakefront Park Improvements design for all phases of the work at the City
Commission's June 20, 2017 meeting. S&ME is also part of the team led by Wharton-Smith that the City
Commission more recently awarded the task to design and build the new City Hall. The proposed scope of work
for Phase 2 design would develop a complete conceptual design for the entire block, 30%design documents for
the park amenities (event pavilion and splash pad), and 100% design for the City Hall area. The limitation on
doing a full design of the park amenities is the current lack of funding. Full design documents would be
prepared under a future change order once funding for this part of the work is provided. Because of the
interaction between Phase 1,which is now under construction, and Phase 2, it is recommended that the scope of
work include a maximum limiting fee allowance of$12,500 (including reimbursable expenses) for contract
administration assistance with Phase 1.
Approved on Consent. Motion carried 4-0 with Commissioner Oliver absent.
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11. Approval of Change Order No. 1 for the Windermere Groves Reclaim Retrofit Project.
(Utilities Director Smith)
The Lake Bennet Centre (circa 1996), Blackwood at Ocoee Commons (circa 2005), Crestwood Heights (circa
2006), Bank of America(circa 2006), The Shoppes of Ocoee (circa 2007), and Rx30 (circa 2011) are supplied
with potable water from the water main running parallel to West Colonial Drive(S.R. 50). During a main break,
maintenance, or etc.,the City may need to isolate sections of the water main on West Colonial Drive(S.R. 50).
In doing so, residential homes or businesses would cease to be supplied with potable water. In 2016, the
Utilities Department installed a temporary 2-inch line connecting the dead-end of an 8-inch water main running
parallel along the south right-of-way of Sedalia Street to an 8-inch water main running parallel along the east
right-of-way of Blackwood Avenue. This would act as a temporary fix to create a loop system to keep potable
water supplied to all residential homes and businesses during isolation of the water main. In 2018 the Utilities
Department designed the replacement of the 2-inch line with an 8-inch water main to increase the volume of
potable water supplied to be efficient for fire flow(minimum pipe diameter of 6-inches)during a valve closure.
City staff sought proposals from the City approved small construction contractors for the installation of the 8-
inch water main connection. Two contractors responded with proposal amounts of $62,815.00 and
$100,480.00. City staff subsequently sought a proposal from Tri-Sure Corporation as they are doing similar
work for the Windermere Groves Reclaim Retrofit Project. Tri-Sure Corporation sent a proposal in the amount
of$42,018.00 using 8-inch HDPE pipe in lieu of 8-inch Ductile Iron Pipe(D.I.P.).
Approved on Consent. Motion carried 4-0 with Commissioner Oliver absent.
12. Approval of Residential Plumber for the Kimball Area Water Main Upgrade Project.
(Utilities Director Smith)
The Kimball Area Water Main Upgrade Project, awarded by the City Commission on July 17, 2018, is nearing
completion as the new potable water mains have been installed underground. The contractor (Central Florida
Tapping and Construction Services, Inc.)has yet to abandon the old potable water mains due to the absence of
the connection of the existing plumbing of 108 residential homes to the new water meters installed in the front
yard. In order for the contractor to abandon the old water mains,residential plumbing services will be required.
The Finance Department sent out a Request for Qualifications for Residential Plumbing Services (RFQ #19-
002) for 108 residential homes with a Bid Opening on October 23, 2018. Upon time of the Bid Opening, there
were no bidders for RFQ #19-002. City Staff reached out to multiple plumbers stationed in and around the
Ocoee area with no success. The Utilities Department decided to let City staff do the plumbing work for 58
residential homes and reached out to residential plumbers for the remaining 50 residential homes. The Utilities
Department received proposals for 50 residential homes from A-1 Service Plumbing,Inc.,and Josko Services in
a total amount of $92,500.00 and $188,000.00 respectively. Staff is recommending the acceptance of A-1
Service Plumbing, Inc., proposal in the total amount of $92,500.00 to move forward with the residential
plumbing of the remaining 50 homes in order for the contractor to finish the Kimball Area Water Main Upgrade
Project.
Approved on Consent. Motion carried 4-0 with Commissioner Oliver absent.
PUBLIC HEARING - 6:29 PM
City Manager Frank announced staff is waiting for additional information on Item #13 from the
developer; and further, recommends this item be postponed at this time.
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13. Sale of Property Located in Northeast Quadrant of Clarke Road and AD Mims Road to
Meritage Homes of Florida. (Advertised in the Orlando Sentinel on Tuesday, February 26, 2019)
(Assistant City Manager Shadrix)
The City acquired 12 acres of land (Parcel No. 09- 22-28-0000-00-05) from the Silvestri Investment Group of
Florida, Inc., on December 29, 2006, at a cost of$3.5 million for the purpose of constructing a new Police
Department headquarters building. The City subsequently relocated the Police Department to another facility,
with the result that the former Silvestri property remains undeveloped. The subject property is bordered on the
south by railroad right of way, which is adjacent to AD Mims Road, to the north and east by the Prairie Lake
Reserve Subdivision, and on the west by Clarke Road. A portion of the eastern boundary is property dedicated
to the public use and owned by the City for future road construction. The outstanding amount of the bond used
to finance the purchase is approximately $2.6 million. The City has had this land under contract to sell
previously. The City obtained an appraisal for the Property prepared by DeRango, Best & Associates dated
April 17,2018.The appraisal valued the 8.5-acre portion of the land at$1,105,000. On November 20,2018,the
City authorized City Staff to proceed with negotiations for the sale of the 8.5-acre portion of the land to
Meritage Homes of Florida, Inc., after receiving an unsolicited offer from Meritage to purchase such land. City
Staff and Meritage have now completed the negotiations and have agreed on the terms of such sale. Meritage
Homes of Florida, Inc., wishes to purchase the 8.5 acres for $1,100,000.00 with the purpose of developing a
residential subdivision containing approximately sixty-four(64)townhomes. The Property is located within the
northeast quadrant of Clarke Road and AD Mims Road. The Property does not include the approximately 3.5
acres at the immediate Clarke Road and AD Mims Road corner; this land is intended to be retained by the City
and eventually developed for a commercial use. Pursuant to Section C-8(B)(1) of the City Charter, the City
Commission must approve the sale at an advertised public hearing,The Purchase and Sale Agreement does not
become effective until approved by the City Commission and executed by the Mayor.
Motion: Move to postpone Item #13 - Sale of property located in the Northeast
Quadrant of Clarke Road and AD Mims Road to Meritage Homes of Florida to a
date certain of March 19, 2019; Moved by Commissioner Wilsen, seconded by
Commissioner Grogan; Motion carried 4-0 with Commissioner Oliver absent.
FIRST READING OF ORDINANCES—6:30 PM
14. First Reading of Ordinance for Harper Property — 1304 East Silver Star Road
Annexation and Rezoning; Project No(s): AX-01-19-79 & RZ-19-01-17. (Second Reading
and Public Hearing Date scheduled for March 19, 2019, Regular Commission Meeting at 6:15 PM or soon
thereafter.) (City Planner Rumer)
The parcel is located on the northeast side of 3'Street,north side of E. Silver Star Road, is approximately 1.26
acres with one(1)existing single family residence. The Parcel Identification Number is 17-22-28-0000-00-048.
The Applicant is annexing into the city limits because the property owners are now eligible to do so since it is
bordered by property located within the City limits on the south and east. This proposed annexation is a logical
extension of the City limits, urban services can be provided, and the annexation meets state and local
regulations. Because this property is part of an enclave in the City, it already benefits from Ocoee Fire Rescue
services via a joint "First Responder" Agreement with Orange County. This parcel will receive a C-1
(Neighborhood Shopping)zoning upon annexation.
a) First Reading of Annexation Ordinance
b) First Reading of Rezoning Ordinance
City Attorney Cookson read the titles of the Ordinances.
Mayor Johnson announced that this will be presented as a second reading and public hearing at
the next scheduled City Commission meeting on March 19, 2019 at 6:15 PM or soon thereafter.
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SECOND READING OF ORDINANCES—PUBLIC HEARINGS - 6:31 PM
15. Second Reading of Ordinance Adding Article V to Chapter 108 of the City of Ocoee
Code of Ordinances Relating to Firesafety Inspections. (Advertised in the West Orange Times on
Thursday, February 21, 2019.) (Support Services Director Butler)
Chapter 108 of the City Code provides minimum standards for residential,commercial, and industrial properties
in the city. Firesafety inspections conducted by the Ocoee Fire Department are not explicitly addressed, as the
ordinance only speaks generally of including fire hazard review as part of the overall minimum standards
inspection for commercial and industrial properties. State law requires the City to conduct specific firesafety
inspections using certified persons employed by the Fire Department. These inspections are more detailed than
implied by the current statutory wording in City Code. City staff recommends the City Commission adopt the
proposed changes to Chapter 108, which will add a new Article V to address the specific needs for firesafety
inspections.
Support Services Director Butler explained the proposed new Article V relating to the firesafety
inspections will update Chapter 108 to be consistent with State law.
City Attorney Cookson read the title of the Ordinance.
The public hearing was opened. As no one wished to speak, the public hearing was closed.
Motion: Move to approve Ordinance No. 2019-007 Adding New Article V, Fire
Prevention Minimum Standards Code, to Chapter 108 Relating to Firesafety
Inspections; Moved by Commissioner Wilsen, seconded by Commissioner
Firstner; Motion carried 4-0 with Commissioner Oliver absent.
REGULAR AGENDA - 6:33 PM
16. Appointment of One (1)Member to the 2019 Canvassing Board. (City Clerk Sibbitt)
In accordance with Section C-50 of the Ocoee City Charter, the Canvasing Board will consist of three (3)
citizens appointed by the City Commission. On February 5,2013,the consensus of the Commission was that the
Mayor and two (2) Commissioners whose district seats are not part of the election should each select one (1)
member for the Canvassing Board. In keeping with that practice, Mayor Johnson, Commissioner Wilsen and
Commissioner Oliver would each need to appoint a member for the Canvassing Board. The Canvassing Board
will meet on Tuesday, March 12, 2019, at 4:00 p.m., and Thursday, March 14, 2019, at 2:00 p.m. at the
Supervisor of Elections Office, 119 West Kaley Street, Orlando. The process of canvassing and auditing the
election results may take several hours. On February 19, 2019, the City Commission made a motion to appoint
Jean Grafton and Bill Maxwell to the Canvassing Board. Commissioner Oliver was not present to submit his
appointment;however,he contacted City staff with his appointment of Gregory Keethler.
City Clerk Sibbitt explained Commissioner Oliver was not present at the February 19, 2019
Commission meeting; however, he provided an appointment which was determined that evening
to not be a resident of the City; therefore, he was asked to submit a new appointment.
Commissioner Oliver then contacted staff with his appointment of Gregory Keethler, resident of
District One.
Motion: Move to appoint Gregory Keethler to the Canvassing Board; Moved by
Commissioner Wilsen, seconded by Commissioner Firstner; Motion carried 3-1
with Mayor Johnson opposing and Commissioner Oliver absent.
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17. Discussion of an Unsolicited Offer from VMG to Develop a Two-Story Commercial
Building on City-Owned Property Located at 2 North Bluford. (Assistant City <'
Manager Shadrix)
During strategic planning exercises with the City Commission almost four years ago, the City Commission
harmoniously directed staff to pursue a plan to revitalize and redevelop the area historically referred to as
downtown. Since that time, the City adopted a downtown masterplan and secured funding for the projects
deemed crucial in the master plan, all while lowering taxes. The downtown master plan projects are well
underway with Bluford Avenue nearing completion, the Lakeshore Center expansion nearing completion, and
several streets, the Lakefront Park, and a new City Hall under design. With the initial phases of the downtown
revitalization effort underway, attention must be given to economic development efforts to bring additional
businesses and consumers to the downtown area. During February,the City Commission officially rescinded its
consideration of city-owned property located at 2 North Bluford for an unsolicited bed and breakfast proposal.
During recent weeks, another unsolicited proposal has presented an opportunity for the City Commission to
consider. Staff has created a vision for the property at 2 North Bluford that is compatible and representative of
good economic development of downtown parcels. During a recent meeting with VMG Construction, Inc.,
regarding a different project, their representatives offered to build the City's rendered plan in exchange for the
property located at 2 North Bluford. The City's plan includes a commercial building that would include
restaurant and office space, and would cost a developer approximately $4 to $5 million to construct. Following
VMG's offer,the City Attorney prepared a letter of intent outlining the basic terms of an agreement for them to
construct the building as illustrated and receive the title to the property upon issuance of a certificate of
occupancy. The City would reserve the right to maintain any necessary easements on the property as part of this
transaction. During the previous commission meeting, the City Commission authorized expenditure of City
funds to demolish the existing structure on the property following the expiration of its use as a staging facility
for Oelrich Construction for the Bluford Avenue Streetscape Project.
Assistant City Manager Shadrix explained with the recent approval and direction to no longer
consider the property located at 2 N. Bluford as a bed and breakfast, City staff created a rendering
for the property that conforms with the standards of the Downtown Masterplan. During a recent
meeting with VMG Construction, Inc., regarding a different project, their representatives offered
to build the City's rendered plan in exchange for the property located at 2 North Bluford. Staff is
asking the City Commission for consideration and direction to proceed with an agreement
consistent with the letter of intent that transfers title of city-owned property to VMG construction
upon their completion of the building as proposed by staff's illustrations. The City's plan includes
a commercial building that would include restaurant and office space, and would cost a developer
approximately $4 to $5 million to construct.
Commissioner Wilsen said she recalled there was underground utilities put in that location.
Assistant City Manager Shadrix advised that the building would not impede any current or
future efforts of the City to provide any sort of utilities in that location.
Commissioner Grogan commented that he is very pleased with the proposed vision and
welcomes the idea of a new restaurant coming into the Downtown area. He further thanked staff
for their work on this proposal. Assistant City Manager Shadrix gave recognition to the Design
Team made up by City staff members, Mike Rumer, Ginger Corless, and Peter Kisicki, who have
saved the City money for creating consulting industry level drawings and renderings.
Commissioner Firstner voiced his contentment with the City on being able to leverage its
resources.
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Motion: Move to approve the offer from VMG to Develop a Two-Story Commercial
Building on City-Owned Property Located at 2 North Bluford per staffs
recommendation; Moved by Commissioner Grogan, seconded by Firstner; Motion
carried 4-0 Commissioner Oliver absent.
18. Discussion and Direction for Sale of Ocoee Apopka Road Property Located Adjacent to
Ocoee High School. (Assistant City Manager Shadrix)'
In the year 2000,the City acquired 318±acres of land from the Coca Cola Company known as the Crown Point
Property for a total price of$3,750,000.00,bringing the price per acre of parcels to $11,792.45. Since that time
the City has selectively sold off pieces of the property. The most recent of these transactions was the 303 lot
subdivision developed by Mattamy Homes. In late 2018, the City received an unsolicited offer from Summit
XV Holdings LLC for the purchase of approximately 13.51 acres for$93,750 per acre of the Crown Point PUD
that includes the following tracts: 6C, 6E, 6F, 6G, 20, 27, and 33. These tracts range in uses from "village
center" to "mixed use," and development standards in the PUD require an urban style of development.
Additionally, the adopted traffic mitigation plan requires that Tract 33 be constructed as an urban street section
(referred to as Main Street)that connects Crown Point Parkway to Ocoee Apopka Road. On December 4,2018,
following receipt of the Summit Offer, the City Commission directed City Staff to obtain an appraisal of the
Property. City Staff obtained the appraisal prepared by Property Valuation & Consulting, Inc., and dated
December 27, 2018, which valued the property at $2,920,000. On December 5,2018, the City received an
unsolicited offer from The Keewin Real Property Company to purchase the property for$100,280 per acre. On
February 18,2019, the City received an unsolicited offer from Meritage Homes of Florida, Inc. to purchase the
property for$108,709 per acre.
Assistant City Manager Shadrix explained in December City staff was granted approval from
the City Commission to proceed with an appraisal based on an unsolicited offer they received
from Summit Holdings, LLC for the purchase of approximately 13.51 acres of the Crown Point
PUD. On December 5, 2018, the City received another unsolicited offer from The Keewin Real
Property Company to purchase the property for $10,000 more per acre. On February 18, 2019, the
City received yet another unsolicited offer from Meritage Homes of Florida, Inc. to purchase the
property with another increase per acre. With the appraised value of the property being at $2.9
million, City staff feels the City Commission has the option to direct staff to prepare a formal
solicitation for bids or to proceed with negotiations with one of the entities who submitted an
offer. City Attorney Cookson explained that staff's recommendation is to market the property to
inquire if there is further interest in the property from other developers and builders. This would
allow City staff to provide a contract with terms acceptable to the City and have the
developers/builders submit offers based on the contract terms.
Commissioner Wilsen inquired if they would be receiving sealed bids as they currently have
three offers that are open to the public. City Attorney Cookson shared this would not be a sealed
bid as it is a solicitation for offers which is a public record. Commissioner Grogan inquired if
this is going to affect some of the other interest that is being proposed in that area, such as the
trade school. Assistant City Manager Shadrix answered that this is a separate area and staff will
bring back a formal presentation with a full map package. He further shared that the talks with
Orange County Public Schools and Valencia College are still ongoing, but this would be a support
use as most of the builders are interested in building a townhome product.
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March 5, 2019
Motion: Move to direct City Staff to market the property to other developers and
builders per staffs recommendation; Moved by Commissioner Grogan, seconded
by Commissioner Wilsen; Motion carried 4-0 with Commissioner Oliver absent.
19. Purchase of Gettings Studio Property located at 275 North Lakeshore Drive. (Assistant
City Manager Shadrix)6:58 PM
As part of the City's downtown master planning process, City Staff identified the Gettings Studio property(the
"Property") as a potential parcel that could be used for a variety of uses to enhance the public's use and
enjoyment of Starke Lake. The owner of the Property has expressed an interest in selling the Property to the
City. City Staff and the owner's representatives have met and agreed on the basic terms of a transaction
whereby the City would acquire the Property and the owner would remain an occupant of the building for a
period of time. Under the agreement, after closing on the purchase, the City would have the right to use and
develop the Property in a way that would not interfere with the owner's continued use. The City obtained an
appraisal for the Property prepared by Property Valuation & Consulting, Inc., dated November 12, 2018. The
appraisal valued the Property at $1,920,000. City Staff believes that purchasing the Property for $2,500,000
which is over and above the appraised value is justifiable. First, the terms of the purchase are favorable to the
City. Rather than having to pay for the full purchase price at closing,the City can spread out the payments over
a five(5)year period. In addition,the unique use of the building(recording studio)the value of the Property is
greater as a recording studio than any other use. The owner has indicated that they have received more
substantial offers from others to purchase the Property and continue the use as a recording studio. City Staff
believes that due to the unique location of the Property and the importance of the Property in the redevelopment
efforts along Starke Lake, losing the opportunity to purchase the Property to a use that would not enhance the
redevelopment efforts along Starke Lake would be short-sighted.
Assistant City Manager Shadrix explained several years ago the City was in discussions and
negotiations with Gettys Studio to purchase the recording studio; however, the price at that time
was over $4 million. Recently, as part of the City's downtown master planning process, City Staff
identified the Gettings Studio property as a potential parcel that could be used for a variety of uses
to enhance the public's use and enjoyment of Starke Lake. The owner of the Property has
expressed an interest in selling the Property to the City. City staff and the owner's representatives
have met and agreed on the basic terms of a transaction whereby the City would acquire the
Property and the owner would remain an occupant of the building for a five (5) year period. City
Staff believes that purchasing the Property for $2,500,000 which is over and above the appraised
value is justifiable. Staff recommends that the City Commission approve the City's purchase of
the Gettings Studio property under the terms negotiated and authorize the Mayor to execute such
agreements and documents. City Attorney Cookson added that the City would be entering into
an agreement for a five (5) year lease that allows the owner the right to use the studio; however,
the City would have the right to use the rest of the property as well as some limited opportunities
to use the studio for events during that five (5) year period.
Commissioner Grogan commented that he agrees with Assistant City Manager Shadrix that the
property is desired by the City and has been a topic of interest to the City for many years.
Commissioner Wilsen commented that she is excited about this even though it is a large amount
of money; however, the benefit is for the City and residents and will enhance the Downtown
project and parks. She further shared she would like to see a boardwalk built that would connect
to Silver Star Road where the sidewalk ends.
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March 5,2019
Commissioner Firstner shared that the number one comment that came out of the master
planning sessions was that the City needed to acquire the Gettys Property as it had so much
potential. He commented that this is a wonderful opportunity and the City should not let it slip on
by.
Mayor Johnson shared that many times the former Mayor would bring this up to City staff, but it
was not feasible at that time. He commented this property is a wonderful piece that will help
enhance the efforts of the park.
Motion: Move to approve the Purchase of Gettinqs Studio Property located at 275
North Lakeshore Drive for $2,500,000 under the terms outlined by City staff;
Moved by Commissioner Wilsen, seconded by Commissioner Firstner; Motion
carried 4-0 with Commissioner Oliver absent.
STAFF ACTION ITEMS -None
COMMENTS FROM COMMISSIONERS - 7:06 PM
Commissioner Firstner—Invited residents to attend the Spring Fling.
Commissioner Wilsen — 1) Reminded residents this weekend, Saturday, March 9th from 10:00
AM—2:00 PM, the City will host its 14th Annual Spring Fling. She further explained that it is free
event aimed at reinforcing safe behavior by youth and families. The fun-filled day will include
free food, activities, games, raffles, live demonstrations, and with proof of residence Ocoee
residents can receive a free plant as well as take part in the free rain barrel program. She
encouraged residents to contact the Utility Department if interested in taking home a rain barrel.
2) Shared the Ocoee Rotary Club, Ocoee Woman's Club, and Ocoee Lion Club have partnered
together to hold a "Shred to Protect" event. This program will offer Ocoee residents a safe place
to shred their personal documents that if not disposed of properly could provide opportunity for
fraud. The event will be held on Saturday, March 30th, from 9:00 AM - 12:00 PM at the Police
Department.
Commissioner Grogan — 1) Thanked Director of Parks and Recreation Johnson and staff for an
outstanding job. He shared he recently received many positive comments regarding the condition
of the City's baseball field while at the opening of the Babe Ruth League. The president of the
League noted that the City's field is the best in Orange County.
Mayor Johnson — 1) Inquired about the status of the lights on Maguire Road and Ingram Road.
Public Works Director Krug informed that the funding has been secured, he then shared that his
department is going through some staff changes, but things should be resolved soon. 2) Shared
that the K-Life Youth Group contacted him and inquired about holding a 5K in the City. He
suggested allowing them to hold it at the next Spring Fling. He noted that the group would be
responsible for any fees for Police staff time. The Board agreed to consider the event. The mayor
offered to bring detailed information for the K-Life 5K back at a later date. City Manager Frank
recommended that staff meet with the group to work out the details. 3) Shared that he has
concerns regarding the Ocoee Youth Council and the consideration of hiring a consultant. After
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March 5, 2019
much thought, he does not feel that funds should be used to hire a consultant, but should instead
go into the Youth Program. He believes it would not be difficult to find an individual who is
passionate about the program that would be willing to volunteer 14 hours a month.
Commissioner Grogan agreed and noted that other City boards only receive roughly $2500/year.
4) Thanked the City Staff for doing an outstanding job, noting that he greatly appreciates all of
the positive feedback he receives. 5) Shared that a he and the Assistant City Manager recently
met onsite near the 429 with an investor, who is considering to build a 100,000 SQ FT building
with roughly 75,000 SQ FT going to a tech company. If things work out, there is a potential of
bringing in roughly 150 jobs to Ocoee with an average yearly salary of$150,000. 6) Announced
he will be in Washington, D.C., this week meeting with the National League of Cities, and regrets
that he will not attend this year's Spring Fling. However, he encouraged others to attend as it is a
great free event.
ADJOURNMENT—7:17 PM
APPROVED:
Attest: _ • : oee
Melanie Sibbitt, City Clerk Rusty Jo son,Mayor
•
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