07-19-2022 AgendaOCOEE CITY COMMISSION
OcoeeCommission Chambers
150 North Lakeshore Drive
Ocoee, Florida
JULY 19, 2022 AGENDA 6:15 PM
REGULAR CITY COMMISSION MEETING
CALL TO ORDER
Invocation
Pledge of Allegiance
Roll Call and Determination of Quorum
PRESENTATIONS AND PROCLAMATIONS - None
STAFF REPORTS AND AGENDA REVIEW
PUBLIC COMMENTS
THE PUBLIC IS ALLOWED TO COMMENT ON ANY ITEMS THAT ARE ON THE AGENDA BUT NOT PART OF A PUBLIC
HEARING. PUBLIC HEARING COMMENTS ARE TO BE HEARD DURING THAT PORTION OF THE MEETING. ANY
COMMENTS YOU WOULD LIKE TO MAKE THAT ARE NOT PART OF THE AGENDA WILL BE HEARD UNDER THE
CITIZENS/PUBLIC COMMENTS AT THE END OF THE MEETING.
CONSENT AGENDA
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE AND WILL BE ACTED
UPON BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS UNLESS DISCUSSION IS
DESIRED BY A MEMBER OF THE COMMISSION, IN WHICH CASE THE MAYOR WILL INSTRUCT THE CITY CLERK
TO REMOVE THAT ITEM FROM THE CONSENT AGENDA AND SUCH ITEM WILL BE CONSIDERED SEPARATELY.
1. Approval of the Minutes for the Regular City Commission Meeting held June 21, 2022.
(City Clerk Sibbitt)
2. Approval of Cancellation of the August 2, 2022, Regular City Commission Meeting.
(City Clerk Sibbitt)
City staff is relocating into the new City Hall and will be working to resume the ongoing functions of their
departments during the following weeks. Currently, the first floor is scheduled to close at 2:00 pm and relocate
to the new City Hall on Friday, July 29th. Normal hours of operation will resume on Monday, August 1, 2022.
City staff is requesting the August 2, 2022, Regular City Commission meeting be cancelled to allow departments
to resume their operational functions, get accommodated to their new spaces, and be prepared to welcome the
public.
3. Approval to Set Proposed Tentative Millage Rate for Fiscal Year 2022/2023 Budget.
(City Manager Frank)
The TRIM act requires local governing bodies to set a proposed tentative millage rate annually during the month
of July. The property appraiser is then notified of the rate and uses it to advise taxpayers of their proposed tax
levies for the next year. The rate can be lowered during the budget hearings in September as has historically
been done by the City.
4. Approval to Set Workshop and Hearing Dates for FY 2022/2023 Budget Process.
(Finance Director Roberts)
Workshops are held during August for staff and the commission to discuss the proposed budget for the upcoming
fiscal year. Public hearings are required by the TRIM Act in September_ serving as a mechanism to notify the
citizens of the proposed budget and allow the opportunity for their comments. Staff recommends the
Commission approve the following dates for the August budget workshops: August 9th and 17th. Staff
recommends the City Commission approve the following dates for the September budget hearings: September
15th and 21st. Workshops and hearings will begin at 6:00 p.m.
Regular City Commission
July 19, 2022
5. Approval to Enter into a Development Agreement with Ocoee Corners, LLC (Boyd
Development) for the Creation and Maintenance of a Linear Park Called Village Green.
(Development Services Director Rumer)
Boyd Development who is the owner of Ocoee Corners Development which is located on the west side of
Maguire Road and south of Colonial Drive (SR 50) desires to have a portion of the Property developed for a
coffee shop with drive-thru on one parcel and a restaurant with drive-thru serving frozen custard, desserts and
frozen treats on the other parcel. Provided that the City approves development of the Property for the Intended
Use, Ocoee Corners, LLC, has agreed to provide a "linear buffering park" on the property. Staff is requesting
this Development Agreement in order to ensure the longevity of the park maintenance and upkeep. Should the
Park fall into periods of non -maintenance or to not be properly maintained, the Agreement permits the CRA to
make necessary repairs and/or maintenance and invoice the Ocoee Corners POA for the maintenance costs.
6. Approval to Award RFP #22-004 Traffic Signal Management and Maintenance Term
Contract, Including Pre -Event Federal Grant Funded Projects. (Procurement Manager
Tolbert)
In compliance with the City of Ocoee Purchasing Code Chapter 21 and the Code of Federal Regulations 2 C.F.R.
Section 200.317-326, proposals were solicited from experienced contractors to provide emergency repair,
planned maintenance and new installations of traffic lights, caution lights, school flashers, and roadway safety
lighting throughout the City. This contract is also for any pre -event federal grant funded projects, such as through
FEMA, FHWA, or other federal agency. Due to the projected workload, the City recommends award of this term
contract to one (1) firm to perform the required services. The Evaluation Committee short-listed the following
firms in ranked order, and recommends contracting with the top ranked firm, Traffic Engineering and
Management, LLC dba Control Specialists.
7. Approval to Award RFQ #22-005 Prequalification of Contractors to Bid Small
Construction Projects Under $500,000 Including Federal Grant Funded Projects.
(Procurement Manager Tolbert)
In compliance with the City of Ocoee Purchasing Code Chapter 21 and the Code of Federal Regulations 2 C.F.R.
Section 200.317-326, proposals were solicited in order to prequalify a pool of experienced and licensed
contractors that can provide general building, stormwater, and water & sewer construction services for projects,
which may include emergency projects, costing less than $500,000, including federal grant funded projects. The
term of this contract will be for an initial one (1) year, with four (4) annual automatic renewals, and (1) 2-year
optional renewal at the City's discretion. A total of 13 proposals were evaluated by the RFQ Evaluation
Committee, which was held on June 30, 2022. The Evaluation Committee short-listed and recommends awarding
the term contract for RFQ #22-005 to the top five (5) ranked contractors in Stormwater (1) J. Malever
Construction Company, (2) American Persian Engineering & Construction, LLC, (3) Schuller Contractors, (4)
Central Florida Environmental, (5) Garcia Civil Contractors; the top two (2) ranked contractors in Water &
Sewer (1) J. Malever Construction Company, (2) Cathcart Construction Company — Florida, LLC; and the top
three (3) ranked contractors in General Building (1) Votum Construction, LLC, (2) Poli Construction, Inc., (3)
SkyBuilders USA, LLC.
8. Approval of Amendment to School Resource Officer Agreement with Innovation
Montessori Charter School. (Police Chief Plasencia)
Innovation Montessori Ocoee, Inc., a charter school within the City of Ocoee, is expanding their campus to
include a location at 1475 E. Silver Star Road, Ocoee, FL 34761. The City has an existing agreement with
Innovation Montessori Ocoee, Inc. to provide School Resource Officer services but it does not include the new
campus or costs associated with the additional campus. An amendment to the agreement is necessary to clarify
the Police Department will be providing services to the new campus and Innovation Montessori Ocoee, Inc.,
will be paying an additional fee for the expanded services.
9. Approval of Change Order No. 1 for Contract ITB #21-008 Downtown Master
Stormwater Pond & Park. (Public Works Director Krug)
The City Commission awarded the construction contract for construction of Unity Park at the July 20, 2021,
meeting to Prime Construction Group. The original bid for the Downtown Stormwater Park and Pond included
line items for the various retaining walls for the project. The actual quantity of concrete necessary to construct
the various retaining walls is greater than the total quantity of concrete on the bid form. Therefore, Public Works
has determined a change order is necessary to incorporate the additional concrete required to properly construct
the pond retaining walls. The cost of this change order is $231,228.35, which will bring the total cost of the
contract to $7,677,046.85 with the change order to be funded from the project budget.
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Regular City Commission
July 19, 2022
10. Approval of Elevator, HVAC, and Landscape Service Agreements for New City Hall
with Installation Contractors. (Utilities Director Croteau)
With the completion of the new City Hall, the City becomes responsible for all building maintenance. Staff is
requesting service agreements with the installation contractors for Elevators, HVAC, and Landscape services.
This will help ensure that any warranty items that may arise are resolved without conflict or issue. Staff is
requesting to waive regular purchasing procedures to ensure warranty and maintenance are with the same
contractors.
11. Approval of Change Order No. 1 for the North Cumberland Lift Station #69 Project.
(Utilities Director Croteau)
The North Cumberland Lift Station #69 Project will extend central sewer service to the North Cumberland
Service Area and provides upgrades to the water line along N. Cumberland Road. Due to the increases in
construction prices since the LOU in 2020, the Developer is requesting $15,000.00 be added to the contract price
to cover additional expenses associated with the installation of the Lift Station. To cover this cost, Change Order
No. 1 was initiated in the amount of $15,000 which was approved by the City Manager per the LOU. Change
Order No. 1 will increase the Contract amount to $236,500.00 to cover increases in construction costs. The
money to cover the additional $15,000 will come from Capital Improvements.
FIRST READING OF ORDINANCE
12. First Reading of Ordinance for Land Development Code (LDC) Amendment to Article
VI, Section 6-14C(5) and Article VIII to Consolidate the Sign Code. (Second Reading and
Public Hearing scheduled for August 16, 2022, Regular City Commission Meeting at 6:15 pm or soon thereafter)
(Zoning Manager Whitfield)
The proposed LDC amendments intend to resolve sign code discrepancies and consolidate the provisions from
Article VI into Article VIII. Since the provisions in Section 6-14C(5) were adopted in 1999, they supersede the
provisions of Article VIII, which were adopted in 1988. Thus, staff proposes approval of an Ordinance
implementing amendments to Articles VI and VIII in order to consolidate the sign design standards from Section
6-14C(5) into Article VIII Sign Code and reorganize and update Article VIII accordingly.
13. First Reading of Ordinance for Land Development Code (LDC) Amendment to Article
V, Section 5-4.1 to Clarify Fence Requirements for Corner Lots and Lots with Multiple
Street Frontages. (Second Reading and Public Hearing scheduled for August 16, 2022, Regular City
Commission Meeting at 6:15 pm or soon thereafter) (Zoning Manager Whitfield)
Section 5-4.1, LDC, establishes the standards for fences within the City. For internal lots, fences in residential
districts may be erected in any required yard or along the edge of any yard, provided that street corner visibility
requirements are met and provided that no wall or fence located in front of the front building line does exceed
four (4) feet in height and be no more than fifty (50) percent opaque. Fences shall not exceed six (6) feet in
height. However, currently the Code does not speak to corner lots where the dwelling units are designed side -
to -rear or for lots that have multiple roadway frontages, such as a double -frontage lot, through lot, or lot with
road frontage along three (3) or more sides. Thus, staff proposes approval of an Ordinance implementing
amendments to Article V, Section 5-4.1, to clarify the requirements for corner lots and lots with multiple street
frontages.
SECOND READING OF ORDINANCE — PUBLIC HEARING
14. Second Reading of Ordinance Adopting the New Boundaries for the Commission
Districts of the City of Ocoee. (First Reading was heard at the June 21, 2022, City Commission Meeting.
Advertised in the West Orange Times on Thursday, July 7, 2022) To be continued to the August 16, 2022 City
Commission Meeting (City Clerk Sibbitt)
The Districting Commission was appointed by the City Commission and held several meetings between October
2021 to April 2022. The Districting Commission presented a report to the City Commission on April 5, 2022,
advising of its preferred plan. The City Commission accepted the recommended Board Plan 1C, and directed
staff to bring back an ordinance adopting the new boundaries set forth in this plan. City residents were notified
of the proposed Board Plan I in the April water bill as well as placed on the City's website.
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Regular City Commission
July 19, 2022
PUBLIC HEARING
15. Variance Request for Barenburg at 125 S. Lakeshore Drive (VR-22-03). (Advertised in the,
West Orange Times on Thursday, July 7, 2022) (Zoning Manager Whitfield)
The applicant, David Barenburg, is requesting approval of one (1) variance from Section 514A and
corresponding Table 5-2 as follows: Reduction of the minimum front building setback from 30 feet to 15 feet to
accommodate a detached garage for a single-family home that has three (3) lot fronts and a side yard but no rear
yard.
16. Variance Request for VMG Shoppes at 101 West Silver Star Road (VR-22-04). (Advertised
in the West Orange Times on Thursday, July 7, 2022) (Development Services Director Rumer)
Construction of the VMG Shoppes project is currently underway, and CSX Transportation asserts that it owns
fifteen (15) feet of the property shown as part of the subject property on the project's boundary survey (prepared
in 2017), which was included in the small-scale site plan set. The applicant states that, although it is not clear
that the Railroad's understanding of the ROW line location is correct, they were not made aware of this issue
until the building foundation and walls were in place. Because of the financial risk of waiting to confirm the
railroad ROW location, the applicant is conceding the ROW line as presented by CSX Transportation and
proposes to remove the portion of the building in the alleged ROW and an additional three (3) feet buffer
(resulting in a loss of 300 SF of office space) in order to allow at least a 3-ft separation of the building from said
railroad ROW. Because the proposed 3-ft buffer is less than the minimum 10-ft side yard setback requirement,
the applicant is seeking a variance to reduce the side yard setback to three (3) feet.
17. Ocoee Crown Point Mixed Use Development (Tracts 6C, 6E, 6F, 6D, & 33 of Ocoee
Crown Point PUD) Large Scale Preliminary Site Plan, Project No. LS-2022-006.
(Advertised in the West Orange Times on Thursday, July 7, 2022) (Development Services Director
Rumer)
On September 21, 2021, the City of Ocoee and Wire Development, LLC, entered into an agreement to purchase
two (2) parcels, approximately 16.19 acres (including Tract for public ROW) of land, within the Ocoee Crown
Point PUD. Wire Development, LLC, is proposing to construct a mixed -use development consisting of 301
multi -family dwelling units and 20,000 square feet of commercial retail space within nine (9) buildings. The
proposed mixture of buildings includes two (2) mixed -use buildings with residential and commercial space, one
(1) live/work building, one (1) stand-alone retail building, and five (5) multi -family residential buildings. Two
(2) of the five (5) residential buildings will be townhome-style multi -family residential buildings.
REGULAR AGENDA -None
COMMENTS FROM CITIZENS/PUBLIC
COMMENTS FROM COMMISSIONERS
ADJOURNMENT
CITY COMMISSION ANNOUNCEMENTS MEETING
(Starting the later of 6: 45 pm or 5 minutes following the adjournment of the City Commission Meeting)
During the City Commission Meeting, members of the City Commission are given limited time to make announcements. The purpose
of this additional meeting is to give the Mayor and City Commissioners 10 minutes to make additional announcements that were not
made as part of the City Commission Meeting. No formal actions on matters will be taken during this meeting. No discussions
regarding matters that may come before the City Commission at a future City Commission Meeting should be addressed during this
meeting. As the purpose of the meeting is for the sharing of general announcements by members of the City Commission that are
City-wide or District -wide, no public discussion/input is requested during this meeting. One or more members of the City
Commission may (but are not required to) attend this meeting. In the event the members of the City Commission have no further
announcements and/or choose not to attend this meeting, there will be no meeting.
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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