05-16-17 Agenda OCOEE CITY COMMISSION
Ocoee Commission Chambers
150 North Lakeshore Drive
Ocoee,Florida
May 16,2017 AGENDA 7:15 P.M.
REGULAR CITY COMMISSION MEETING
A. CALL TO ORDER
Invocation
Pledge of Allegiance
Roll Call and Determination of Quorum
B. PRESENTATIONS AND PROCLAMATIONS
Recognition of Patrol Officers for their Heroic Police Action. (Police Chief Brown)
➢ Corporal Nathan Koch
➢ Officer Travis Clark
➢ Officer Rabie Alzifite
➢ K9 Officer Daniel Schilling
Fiscal Year 2016 Audit Results and CAFR Presentation -Elden McDirmit,CPA
Legislative Update
➢ Chris Carmody and Robert Stuart,Jr.,with GrayRobinson
➢ State Senator Randolph Bracy,District 11
C. COMMENTS FROM CITIZENS/PUBLIC
D. STAFF REPORTS AND AGENDA REVIEW
E. COMMISSIONERS ANNOUNCEMENTS
F. CONSENT AGENDA
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE AND WILL BE ACTED UPON
BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS UNLESS DISCUSSION IS DESIRED BY
A MEMBER OF THE COMMISSION,IN WHICH CASE THE MAYOR WILL INSTRUCT THE CITY CLERK TO REMOVE THAT
ITEM FROM THE CONSENT AGENDA AND SUCH ITEM WILL BE CONSIDERED SEPARATELY.
1. Approval of the Minutes for the Regular City Commission Meeting held May 2,
2017. (City Clerk Sibbitt)
2. Approval of Settlement Agreement between the City of Ocoee and Laura
Gleason. (City Attorney Cookson)
Ocoee resident,Laura Gleason,owns real property located at 1433 Spring Lake Terrace. In 2014,the
City commenced Code Enforcement action against Ms. Gleason for performing construction without
a permit. Eventually, the Code Enforcement Board rendered an order imposing a fine and a lien on
the Gleason property in Case No. 14-064. This Order is recorded at Official Records Book 10834,
Page 9091. On September 16, 2016, Ms. Gleason remitted notice to the City in accordance with
Section 768.28, Florida Statutes ("Notice"), wherein Ms. Gleason stated a claim against the City
relating to drainage issues on her property. Since receiving the Notice from Ms. Gleason,the City and
Ms. Gleason have been negotiating a Settlement Agreement ("Agreement") to resolve all issues
between them. The City has obtained a permit for the Flewelling Avenue Stormwater Treatment
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May 16,2017
System Project("Project") and completion on construction of this Project should result in a drainage
system that is capable of accepting and processing all water runoff from the right-of-way adjacent to
Ms.Gleason's property.Under the terms of the Agreement,the City agrees to commence construction
on the Project within nine months of execution of this Agreement. The Project should be completed
within six months of the start of construction. If drainage issues recur following construction of the
Project, Ms. Gleason must provide written notice to the City and the City will have 90 days to cure
any remaining drainage issues. Also,under the terms of the Agreement,the City agrees to dismiss the
Code Enforcement case against Ms. Gleason and, within 30 days of the date of execution of the
Settlement Agreement, the City will record the documentation necessary to reflect the release and
satisfaction of the Code Enforcement Order.
3. Approval of a One-Year Warranty Surety and Maintenance, Materials, and
Workmanship Agreement with Cash Bond with Mattamy Orlando LLC, for the
Spring Lake Reserve Subdivision. (Development Engineer Womack)
The Spring Lake Reserve subdivision is located on A.D. Mims Road directly across the street from
the Jim Beech Recreation Complex. The overall site includes 79 single-family residential lots. This
subdivision was approved for construction August of 2014, and all 79 lots should be completely
finished by the years end. As part of the platting process the developer is to furnish the City a surety
in the amount of 115%of the unconstructed improvements at the time of platting;therefore, Mattamy
Homes Orlando furnished the City with a check to cover the outstanding improvements in August of
2015. Typically, the surety provided at the time of platting is returned to the developer once the site
work is completed and the site is given a Certificate of Completion. A two-year Maintenance,
Materials, and Workmanship Agreement (MM&W Agreement) with a Letter of Credit or Cash
Escrow is provided to the City prior to issuance of the Certificate of Completion. In the case of the
Spring Lake Reserve subdivision, the developer reached a point in the site development where the site
was substantially complete—all of the proposed improvements were in place minus some of the street
lighting.The City agreed to allow the developer to proceed to construct homes while the City retained
the surety until the street lighting situation could be resolved. The street lighting situation was
resolved eventually; however, the Spring Lake Reserve subdivision was never issued an official
Certificate of Completion nor has the developer provided the City with a Maintenance, Materials,and
Workmanship Agreement as of this date. In order to rectify this situation, Mattamy Homes Orlando
has provided the City with a Maintenance, Materials, and Workmanship Agreement for the public
improvements in the Spring Lake Reserve subdivision. The improvements covered are for water,
sewer, and reclaimed infrastructure. Mattamy Homes Orlando has requested that the City reduce the
cash bond provided at the time of platting ($494,738.34) to the amount agreed upon in the MM&W
Agreement ($56,629) and return the remainder back to Mattamy Homes Orlando. The City's
Development Engineer and Utilities Director have reviewed and approved the estimate. The MM&W
Agreement will be in effect for one year rather than the usual two since the subdivision has been
substantially complete for over a year already.
4. Approval of Park at 429 Nat. (Development Engineer Womack)
The subject property is located on the northeast corner of East Crown Point Road and Palm
immediately adjacent to State Road 429. The lots are identified as parcel numbers 13-22-27-0000-00-
016 and 07-22-28-0000-00-095. The total area of the two parcels amounts to 45.85 acres. The
developers intend to develop the 45.85 acres as a Light Industrial/Flex Office development consisting
of five (5) buildings totaling a maximum of 645,600 sq. ft. This plat is being required in order to
reflect the improvements constructed as part of the Park at 429 development. This plat includes
easements for public utility improvements, a new public lift station, public sidewalks, and the
stormwater management system. Additionally, this plat includes right-of-way dedications to the City
along Palm Drive. The Park at 429 development is platting prior to receiving a Certificate of
Completion; therefore, the developer is required to provide a Surety covering the proposed
improvements as approved in the Park at 429 Preliminary/Final Site Plan.The surety will be provided
prior to recording of the plat.
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5. Approval of Replat of Parcel 1 of the Villages of Wesmere Plat (Park Place at
Maguire). (Development Engineer Womack)
The subject property is located on the northeast corner of Maguire Road and Tomyn Boulevard and is
located in The Park Place Planned Unit Development (PUD). The site is comprised of 242 multi-
family units and a 2.5 acre commercial outparcel. The purpose of the replatting is to allow separate
ownership of the Park Place Apartments from the 2.5 acre Commercial parcel. The parcel is
identified as parcel number 29-22-28-8895-01-001 and is 14.11 acres in size. This parcel was
originally identified as Parcel 1 of the Villages of Wesmere Plat. This replat of Parcel I of the
Villages of Wesmere will split the parcel into two lots. Lot 1 will comprise of the 11.61 acre site for
the Park Place at Maguire Apartments. Lot 2 will contain the 2.5 acre site for future commercial
development. This replat provides cross-access easements for the shared entrances located on
Maguire Road and Tomyn Boulevard. The Park Place at Maguire PUD has received a Certificate of
Completion prior to this replatting; therefore, the developer is not required to provide a Surety since
all public improvements have been completed and covered by a Maintenance, Materials, and
Workmanship Agreement.
6. Approval of Ocoee Town Center Plat — Phase 2 (Oasis at Lake Bennet
Apartments). (Development Engineer Womack)
The subject property is located on the southeast corner of S. Bluford Avenue and Maine Street. The
lots are identified as parcel numbers 20-22-28-0000-00-068, 20-22-28-6156-04-000, and 20-22-28-
6156-03-000. The total of the lots affected is 11.91 acres in size. The Oasis at Lake Bennet
Apartments is comprised of 302 multi-family units. This plat is being required in order to reflect the
improvements constructed as part of the Oasis at Lake Bennet Apartments development and to
combine two lots platted previously in the Ocoee Town Center— Phase 1 plat. Lots 3 and 4 of the
Ocoee Town Center—Phase I plat will be combined into one large lot. This plat includes easements
for public utility improvements, drainage, and sidewalk along S. Bluford Avenue. The Oasis at Lake
Bennet Apartments has received a Certificate of Completion prior to this replatting; therefore, the
developer is not required to provide a Surety since all public improvements have been completed and
are covered by a Maintenance,Materials,and Workmanship Agreement.
7. Approval of Preserve at Crown Point Phase 2A Plat. (Development Engineer
Womack)
The subject property is located on the former Coke Property the City purchased as part of the Crown
Point PUD. The City, through a RFP process, selected Mattamy Homes as purchaser of the site with
the intent to build 303 single-family homes. Mattamy Homes has closed on the purchase of Phase 2A
and is in the site development process.This plat is being required in order to reflect the improvements
constructed as part of The Preserve at Crown Point Phase 2A development. This plat includes
easements for public utility improvements and the stormwater management system. The lot is
identified as parcel number 01-22-27-0000-00-013. The total subdivision is 102.86 acres in size with
Phases 2A and 2B consisting of 57.93 acres and 44.93 acres, respectively. The Preserve at Crown
Point(Crown Point PUD) subdivision will include a total of 303 single-family residential lots; Phase
2A makes up 150 of the single-family residential lots. Phase 2A of the Preserve at Crown Point
subdivision has residential lot sizes of 45 feet by 124 feet, 55 feet by 124 feet and 75 feet by 124 feet.
Mattamy Homes is developing the subdivision as a gated community. Therefore,there is no need for
an upgraded street light agreement, as the developer and HOA will be responsible for 100% of the
installation, monthly operating costs, any maintenance, and all future replacements for the street
lights. Mattamy Homes has executed the City's Traffic Enforcement Agreement to allow for
enforcement within the gated community. The Preserve at Crown Point Phase 2A is platting prior to
receiving a Certificate of Completion; therefore,the developer is required to provide a Surety in the
amount of $3,936,275.80, which is 115% of the cost of remaining improvements covering the
proposed improvements as approved in the Ocoee Crown Point PUD Phase 2A Final Subdivision
Plan. The Surety and signed Traffic Enforcement Agreement will be provided prior to the recording
of the Plat.
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8. Approval to Award RFQ #1704 Development of Design Criteria Package for
New Ocoee City Hall. (Purchasing Agent Tolbert)
In compliance with the Consultants' Competitive Negotiations Act(CCNA), Florida Statutes Section
287.055 and the Purchasing Policy, Chapter 21 of the City's Code of Ordinances, the City solicited
statements of qualifications from qualified professional architectural design firms(Respondent, Firm)
to develop a design criteria package for the new Ocoee City Hall. The new City Hall is part of a larger
public space improvement project that tits within the context of a $45 million public infrastructure
investment by the City as a means of stimulating development in the downtown Ocoee area. The
architectural design firm will create the design criteria package for procuring a design-build company
to construct a new City Hall on a site located at the northeast corner of Bluford Avenue and McKey
Street in downtown Ocoee. To do so, the design criteria firm will prepare a package that includes
conceptual floor plans, potential exterior and interior elevations, and design details needed to fully
convey the City's requirements for the building. Although this work will require the selected firm to
anticipate some basic structural elements of the building, it will be left for the design-build contractor
to finish the design process by adding structural and other details necessary to build the structure
ready for occupancy. The working project budget of$9 million, including design, anticipates the new
City Hall will contain up to 40,000 square feet of habitable space, which would accommodate the
needs of city staff, local state representatives, and possible commercial space for food services and
other retail establishments that could serve the general public and City staff. A key early deliverable
by the selected design criteria package firm will be a space analysis, demand, and allocation study to
define space requirements for the new structure. The RFQ was advertised on February 19,2017, and
was publicly opened on April 4,2017.There was a pre-submittal conference held on March 21,2017.
There were two (2) responses received. The Finance and Support Services Departments reviewed
these qualification statements and all were considered responsive. The two (2) responses were
evaluated by the RFQ Evaluation Committee appointed by the City Manager. The public RFQ
Evaluation Committee meeting was held on April 26, 2017, with the Evaluation Committee
evaluating and short-listing the firms on specific evaluation criteria, and for the purpose of
interviewing the two (2) firms. The evaluation committee short-listed the following firms in ranked
order,and recommends contracting with the top-ranked firm,Zyscovich, Inc.
9. Approval of Purchase of 60kw Emergency Power Portable Generator for Lift
Stations. (Utilities Director Smith)
The Utilities Department currently operates and maintains sixty-two (62) lift stations collecting and
pumping sewage from their respective areas to the City's wastewater treatment plant. The stations
utilize commercial power to power the lift stations, with seven (7) of the stations equipped with
backup generators. The remaining fifty-five (55) stations must be operated by portable generator
during power outages.The City has three (3)portable generators, and during Hurricane Matthew the
oldest of the generators failed. The non-operable emergency generator was built in 1982, making it
thirty-five (35) years old, with repair parts very difficult to obtain; and even when repaired, it will be
very unreliable. During periods of wide-spread power outage, two (2) generators cannot adequately
meet backup power demands. The generator was programed to be replaced in fiscal year 2019/2020
and is therefore not budgeted for in this fiscal year. However, due to the need to assure adequate
backup power coverage, staff is strongly recommending the expedited purchase of the generator, and
adequate funds are available in the Utility Department's wastewater repair and replacement reserve
fund. Staff is recommending the replacement of the failed generator by purchasing a 60kw emergency
portable generator, utilizing the Florida Sheriff's Association Cooperative Purchasing Program.
Exercising this method yields cost savings due to the program's buying power and exemption from
paying state taxes. This will be the fourth generator purchased through the Sheriffs program.
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10. Notification of the Emergency Repair to the Digester Air Line at the
Wastewater Treatment Plant. (Utilities Director Smith)
The Wastewater Treatment Plant uses aerobic digestion to stabilize and reduce the amount of
activated sludge generated by the treatment process. Centrifugal blowers create large volumes of
compressed air that is utilized by aerobic bacteria in the plants digester to achieve the stabilization
and reduction of this sludge. Approximately 160 feet of buried 16" diameter ductile iron pipe
transports this compressed air from the blowers to the digester process. On January 21, 2017, at
approximately 5:00 pm, the buried 16" ductile iron pipe transporting the compressed air experienced
a large scale failure requiring the aerobic digestion process to be shut down. This failure was due to
the extremely corrosive environment created by the temperature and moister content of the air that the
pipe is transporting. Several feet of buried airline was blown out. Upon examination of the remaining
airline, it was found that the entire buried portion was also extremely corroded and could not be used.
It was determined the entire buried portion of the airline needed to be replace. Due to the critical
nature of the aerobic digestion process and the financial impact of hauling wet sludge compared to
dry sludge, staff solicited quotes from existing City approved contractors for the emergency repair of
this airline, and SanPik was the lowest bidder and awarded the work. Additionally, to expedite the
pipeline repair, the City obtained the pipe material and fittings directly from HD Supply, and the
funds totaling$57,458.00 to facilitate the repairs and to purchase required materials shall be expended
from R&R funds.
11. Approval of the Utility Easement Agreement for Water Lines with Orange
County Public Schools for Spring Lake Elementary School Site. (Utilities
Director Smith)
During the reconstruction of Spring Lake Elementary School in 2013,portions of the City's existing
water mains running through the school's campus were relocated and additional lines were added to
the water main configuration. Staff requested from the Orange County Public School(OCPS) Board
and obtained easements over the existing, relocated and the new water mains. Previous to the work
the City did not have a utility easement the existing mains,thus no abandonment of existing east was
required. The easement grants the City the right to maintain and repair the mains.The Agreement has
been reviewed by the City Manager's office and City Attorney and found to be acceptable.
G. PUBLIC HEARING
12. Sunbelt Rental Preliminary Site/Subdivision Plan; Project #LS-2017-001.
(Advertised in the West Orange Times on Thursday, May 4, 2017)(City Planner Rumer)
The subject property is zoned 1-2 (Heavy Industrial) and is located east of State Road 429, south of
Ocoee Business Parkway, west of Maguire Road, and north of Enterprise Street. The subject site is
approximately 27.86 acres in size of which there is a 1.22 acres isolated wetland and 2.60 acres
isolated wetland.The subject site is currently undeveloped.The subject site parcel ID numbers 19-22-
28-0000-00-047. The proposed Sunbelt Rental Large Scale Preliminary Site/ Subdivision Plan
consists ofa 12,161 sq. ft. retail rental facility and a 14,408 sq. ft.contractor service and maintenance
shop. Additionally, there is 149,000 sq. ft. of outdoor storage area for equipment rentals and an
additional leasable tract for future development. The project will be accessed from Maguire Road
with a left turn and a right turn deceleration lane being constructed by the applicant. The property will
be serviced by City of Ocoee Water and Sewer. A 5.66 acre retention pond located on the west side
buffers the site from the 429 Expressway. Additionally, the applicant is proposing to increase
landscaping to provide additional shielding from 429 Expressway. The project is proposing one (I)
waiver to the Land Development Code. The site has two isolated wetlands which restricts
development of the site. The applicant is proposing to mitigate development of the wetlands. As an
off-setting benefit, the applicant is agreeable to dedicate right-of-way to the City. First,the applicant
is dedicating five(5) feet along Maguire Road. Maguire Road is programmed to be a 100 foot right-
of-way and is currently 90 feet. Additionally,the applicant is dedicating land for a future right-of-way
extension of a road from Ocoee Business Park to L. F. Roper Pkwy. The proposed extension is
indicated in the Downtown Master Plan and on the Preliminary Subdivision plan for Ocoee Business
Park. The applicant has submitted a Traffic Impact Analysis using the Institute of Transportation
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Engineers(ITE) Trip Generation Report, 9ib Addition. The traffic study was performed in accordance
with City of Ocoee requirements and a discussion with the City's transportation consultant on the
methodology. According to the traffic analysis,the proposed development will generate an estimated
260 net new external trips per day.No level of service issues arose from the study.The Traffic Impact
Analysis did indicate operational issues at the entrance. To mitigate issues, the applicant is proposing
to: i)dedicate five (5) feet of right-of-way along Maguire Road; ii)provide a left turn lane extending
past the entrance of Ocoee's Public Works Facility; and iii) providing a right-turn deceleration lane
into the site on Maguire Road.
H. FIRST READING OF ORDINANCE-None
I. SECOND READING OF ORDINANCE—PUBLIC HEARING
13. Second Reading of Ordinance Amending the City of Ocoee Municipal Police
Officers' and Firefighters' Retirement Trust Fund Reflecting Changes Made by
Fire and Police Collective Bargaining Agreements. (Advertised in the West Orange
Times on Thursday, May 4, 2017) (Police Chief Brown)
The first reading of this ordinance change was heard on May 2,2017, and no comments were made.
The Pension Board for the City of Ocoee Municipal Police Officers' and Firefighters' Retirement
Trust Fund is governed by City of Ocoee Ordinances and State Statutes. Changes to the Police and
Fire pension benefits were agreed upon in the Collective Bargaining Agreements of the Police and
Fire Unions with the City of Ocoee. The Pension Ordinance must be amended to reflect the agreed
upon changes,state law and Internal Revenue Service regulations.
14. Second Reading of Ordinance Amending the Start Time for the Regular City
Commission Meetings. (Advertised in the West Orange Times on Thursday, May 4, 2017)
(City Attorney Cookson)
Section C-13 of the City of Ocoee City Charter allows the City Commission to set the time for its
regular meetings by ordinance or resolution. On April 18, 2017, the City Commission discussed
moving its regular meeting time from 7:15 to 6:30 and, by consensus, asked that an ordinance be
drafted to facilitate this change. On May 2, 2017, during the first reading of the ordinance, the City
Commission revisited the discussion for the start time of the meeting and, by consensus, asked that
the second reading of the ordinance be drafted to facilitate a new change from 6:30 to 6:15. If
adopted,this change would go into effect the first Regular City Commission Meeting in June.
J. REGULAR AGENDA
K. STAFF ACTION ITEMS
L. COMMENTS FROM COMMISSIONERS
ADJOURNMENT
PLEASE NOTE:IN ACCORDANCE WITH FLORIDA STATUTES 286.0105:ANY PERSON WHO DESIRES TO APPEAL ANY DECISION AT
THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND FOR THIS PURPOSE MAY NEED TO ENSURE THAT A VERBATIM
RECORD OF THE PROCEEDINGS IS MADE WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS
BASED.
ALSO,IN ACCORDANCE WITH FLORIDA STATUTE 286.26:PERSONS WITH DISABILITIES NEEDING ASSISTANCE TO PARTICIPATE
IN ANY OF THESE PROCEEDINGS SHOULD CONTACT THE OFFICE OF THE CITY CLERK, 150 N. LAKESHORE DRIVE,OCOEE, FL
34761,(407)905-3105 48 HOURS IN ADVANCE OF THE MEETING.
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