01-16-18 Minutes MINUTES
JANUARY 16,2018,at 6:15 P.M.
REGULAR CITY COMMISSION MEETING
CALL TO ORDER- 6:18 PM
Mayor Johnson called the regular session to order at 6:15 p.m. in the Commission Chambers of
City Hall. The invocation was led by Commissioner Keller 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,
Commissioner Keller
PRESENTATIONS AND PROCLAMATIONS - 6:20 PM
Proclamation — Crossing Guard Appreciation Day - February 2, 2018, read by Mayor
Johnson and accepted by CSO Linda Michaelis and Deputy Police Chief Plasencia.
COMMENTS FROM CITIZENS/PUBLIC - 6:22 PM
Barbara Martin, 1238 Russell Drive, shared information on her father Frank W. Turner who
was a former Commissioner, volunteer member of many Ocoee civic organizations and longtime
resident of Ocoee. She further advised that he passed away ten years ago in December of 2007
and is asking the City Commission if the park known as Russell Drive Park can be named Frank
W. Turner Park, after her father, as it would be an honor to him as he loved Ocoee dearly.
Mayor Johnson shared he knew Mr. Frank Turner and does not have an issue with Ms. Martin's
request if the City Commission does not have an issue. City Attorney Cookson said he will
research the process and provide the information to the City Commission and staff Mayor
Johnson said he would have staff reach out to Ms. Martin once they have the information on the
process so that they can have a dedication ceremony.
STAFF REPORTS AND AGENDA REVIEW - 6:28 PM
City Manager Frank welcomed the new Finance Director, Rebecca Roberts.
COMMISSIONERS ANNOUNCEMENTS - 6:28 PM
Commissioner Keller—None
Commissioner Firstner—None
Commissioner Wilsen—None
Commissioner Grogan—None
Mayor Johnson—Announced that they have to appoint a member of the City Commission to the
MetroPlan Orlando's Municipal Advisory Committee and asked Commissioner Keller if he
would like to retain his seat. Commissioner Keller answered in the affirmative.
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Motion: Move to appoint Commissioner Keller as the City's Representative on
the MetroPlan Orlando's Advisory Committee (MAC).
Moved by Commissioner Wilsen, seconded by Commissioner Firstner; Motion
carried 5-0.
CONSENT AGENDA - 6:30 PM
Consent Agenda Motion
Motion: Move to adopt the Consent Agenda Items #1 -#7.
Moved by Commissioner Keller, seconded by Commissioner Wilsen; Motion
carried 5-0.
1. Approval of the Minutes for the Regular Commission Meeting held December 19,
2017. (City Clerk Sibbitt)
Approved on Consent. Motion carried 5-0.
2. Approval of New Appointment to the Community Redevelopment Agency (CRA)for a
4-Year Term. (City Planner Rumer)
As authorized by Section 163.357(1)(c) of the Florida Statutes, and as provided in the Interlocal Agreement
with Orange County, the governing board of the City of Ocoee Community Redevelopment Agency shall
consist of the five members of the City Commission plus two individuals appointed by the City Commission.
Per the Interlocal Agreement with Orange County, one of the appointed members will be nominated by Orange
County and appointed by the City Commission. The four-year term of Carla Bell Johnson has ended. Orange
County has nominated Randy June to fill the next four-year term.
Approved on Consent. Motion carried 5-0.
3. Approval ' of 2017/2018 Budgeted Vehicle/Equipment Purchase. (Public Works
Director Krug)
The City traditionally purchases vehicles and equipment through bids from the Florida Sheriffs Association's
annual contract. Public Works has researched pricing throughout the State and has found the Florida Sheriffs
Association continues to provide the lowest competitively bid pricing for vehicles utilizing competitively bid
contracts. The vehicles and equipment are incorporated in the approved budget for purchase. Public Works
recommends approval to purchase the vehicles and equipment based on published pricing for the 2017/2018
term contracts from the Florida Sheriffs Association.
Approved on Consent. Motion carried 5-0.
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4. Approval to Award Bid #B18-01 Flewelling Avenue Stormwater Treatment System
Project. (Purchasing Agent Tolbert)
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The City of Ocoee, Florida (City) solicited bids from qualified contractors for furnishing, delivering, and
installing all materials, equipment, incidentals, and services, including all labor for the work to construct the
Flewelling Avenue Stormwater Treatment System Project. This project primarily consists of the installation of
a Nutrient Separator Baffle Box with required pipe connections for positive drainage to Spring Lake. The
project location of the baffle box and appurtenances is at the dead end of Flewelling Avenue. Pipe diameters
including 24-inch, 30-inch, 42-inch,48-inch and 54-inch will be required to drain the system down to the lake :
and direct connection into the lake. In addition, the project shall include removal of existing drainage s
structures, roadway reconstruction, removal and replacement of driveways and curb, sidewalk, and sodding
and other restoration as may be required. The bid was publicly advertised on November 19,2017, and opened
on December 12,2017.There were a total of three(3)bids received ranging from$328,412.00 to$597,980.00.
All bids are available in the Finance Department for review. The Public Works and Finance Departments
reviewed the bids received and all were considered responsive. Staff recommends awarding the bid to Sanpik,
Inc.,for$328,412.00 as the most responsive and responsible.
Approved on Consent. Motion carried 5-0.
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5. Approval to Award RFQ #1802 Continuing Contract for Architectural Services.
(Purchasing Agent Tolbert) 1
The City's continuing contracts for architectural services have expired. In compliance with the Consultants'
Competitive Negotiations Act(CCNA), Florida Statutes Section 287.055 and Chapter 21 of the City's Code of
Ordinances, the City solicited statements of qualifications from licensed professional architectural firms that
are interested in providing general professional architectural services for various planning, design, and
development review projects. The firms selected by the City will provide professional architectural services to I
the City on an as-needed basis, based upon task orders to be issued by the City under the continuing contract.
The work may consist of, but will not necessarily be limited to: design, planning, inspection, and assessment;
conceptual design;construction plan preparation;and construction management for public projects by the City.
The City intends to award continuing contracts to the top two(2)firms deemed to be the most highly qualified
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to perform the required services. The continuing contracts shall automatically be renewed annually, unless
terminated by the City in writing, for a total of five (5) years from the date of execution, plus a one (1) year
optional renewal at the City's discretion. The RFQ was advertised on October 15, 2017, and was publicly
opened on November 14, 2017. There were eight (8) responses submitted. The Finance Department and
Support Services Department reviewed the qualification statements and all were considered responsive. The
first public RFQ Evaluation Committee meeting was held on December 5, 2017, with the Evaluation
Committee evaluating and short-listing the firms on specific evaluation criteria. The second public RFQ
Evaluation Committee meeting was held on December 18, 2017, for the purpose of interviewing the top four
(4) ranked firms and finalizing the shortlist for recommendation of award. The evaluation committee short-
listed the firms in ranked order, and recommends contracting with the top two (2) ranked firms, Rhodes &
Brito Architects, Inc.,and CPH,Inc.,per the award recommendation from the Support Services Director.
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Approved on Consent. Motion carried 5-0. G
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6. Approval of Change Order No. 1 in the Amount of $16,300 for Design Services by
S&ME,Inc., Related to the Lakefront Park Improvements Project. (Support Services 1
Director Butler)
Lakefront Park Improvements is a capital project included in the City's list of approved investments using k
funds allocated from the 2017 General Fund Capital Bond Issue and was one of the primary focal points of the x
Downtown Master Plan.The master plan for downtown improvements did not list specific project elements for
the Lakefront Park project; it only suggested potential elements. Two conceptual plans were developed during
an all-day design effort involving key city staff and the S&ME design team. Detailed cost estimates were
developed for each design. Based on the cost estimates and the difficulty of implementing either design using a
phased approach due to internal dependencies, a third concept plan was developed to support an incremental
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construction plan. This concept plan has undergone extensive consultation and refinement cycles with City #
staff and elected officials. The original task order for the conceptual design work provided a fee of$46,300. €
Several potential work items excluded from that task order have been required in order to complete the work.
These include development of three detailed cost estimates, developing a third design concept, making
numerous presentation-level drawings for internal discussions and public presentations,and participating in the
design of on-street parking improvements for the Bluford Avenue Streetscape project. The total cost of this
additional work is$16,300.
Approved on Consent. Motion carried 5-0.
7. Approval of a Construction Manager Agreement with Collage Design & Construction
Group, Inc., (d/b/a The Collage Companies) for Pre-Construction Services Related to
the Lakeshore Center Expansion Project at a Cost of $26,675. (Support Services
Director Butler)
The Lakeshore Center Expansion project is being designed by Rhodes + Brito, architects. Given the
complexity of the project, procurement of a construction firm to build the facility was undertaken using the
construction manager at risk method (CM at Risk), as provided in §255.103, Florida Statutes.This relatively
new way of hiring a contractor uses the same qualifications-based approach (Request for Qualifications, or 1
RFQ) used for hiring licensed professionals, such as architects and engineers.This selection method was used
because it requires the contractor to be involved in the design of the building, which provides two
benefits. Seven firms responded to the CM at Risk RFQ solicitation.The Ocoee City Commission adopted the
selection committee's rankings with The Collage Companies being the top-ranked firm. Section 255.103,
Florida Statutes, allows the City to select one of two possible construction pricing options: guaranteed
maximum price (GMP) or lump sum price (LSP).The RFQ indicated that the City intended to use GMP;
however, subsequent to the solicitation being concluded, staff determined that it would be to the City's
advantage to use LSP. Accordingly, the proposed contract contains the language needed for the simpler LSP
construction pricing option. Staff has negotiated a basic contract and a price for preconstruction services,
where the contractor interacts with the architect and other designers to develop a final set of construction
documents.After the plans are completed, The Collage Companies will be asked to provide a price for the
construction work and a guaranteed completion date. Should it ultimately be determined by the parties that a
GMP approach is warranted, then the proposed contract published in the RFQ can be utilized to produce the
final agreement for construction.
Approved on Consent. Motion carried 5-0.
PUBLIC HEARING—None
FIRST READING OF ORDINANCE - 6:30 PM
8. First Reading of Ordinances for Inspiration Planned Unit Development (PUD) -
Annexation and Rezoning to PUD and PUD Land Use Plan; Project No. AX-08-17-64
& RZ-17-08-05. (Second Reading and Public Hearing Date scheduled for February 20, 2018, Regular
Commission Meeting at 6:15 p.m. or soon thereafter.) (City Planner Rumer)
The subject property is located on the west side of Maguire Road and south of the Florida Turnpike. The
Parcel Identification Numbers are 30-22-28-0000-00-004 and 30-22-28-0000-00-017. The two parcels total
16.27 acres, are heavily wooded and does not contain wetlands. The subject property is located within the
Ocoee-Orange County Joint Planning Area(JPA)and is being considered for annexation as outlined in the JPA
Agreement. Orange County has been notified of this petition in accordance with Section 171.044(6) FS and
Subsection 13-A of the City of Ocoee-Orange County Joint Planning Area Agreement. The Applicant has
requested a City of Ocoee zoning designation of Commercial PUD, which is consistent with the zoning of the
properties in the area. The PUD zoning designation is consistent with the adopted future land use designation
of Commercial, as shown on the City of Ocoee & Orange County Joint Planning Area future land use map.
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The proposed Inspiration PUD Land Use Plan provides for a mixed-use commercial center with 90 Townhome
units and retail/commercial. Building#1 is a 13,681 S.F. preschool. Building#2 is a 12,600 S.F. office/retail
building. Building #3 is a two-story office/retail with 42,350 S.F. Building #4 near the internal park area is
3,300 S.F. of retail. Stormwater retention will be located around the townhome project. Access to the site will
be provided from a new road extended from Tomyn Blvd. The proposed site plan will require connection to
City of Ocoee potable water and sewer. Staff has evaluated the proposed annexation and proposed PUD and
• has some concerns that have not been satisfied or have not had a final resolution. Staff feels comfortable
moving the process to the City Commission for further discussion of the items.
a) First Reading of Annexation Ordinance
b) First Reading of Rezoning Ordinance
c) Land Use Plan
City Attorney Cookson read the titles of the annexation and rezoning ordinances.
Mayor Johnson announced that this will be presented as a second reading and public hearing at
the February 20, 2018, City Commission meeting.
9. First Reading of Ordinance Revising Language for the Official Municipal Seal of the
City and Adopting New Language for Official City Logos. (Second Reading and Public,
Hearing Date scheduled for February 6 2018, Regular Commission Meeting at 6:15 p.m. or soon thereafter)
(Support Services Director Butler)
The adoption of an official seal by units of local government, including cities, is authorized in Section
165.043, Florida Statutes. In accordance with this statute, the City originally adopted an official seal via
Ordinance 94-27 on November 15, 1994. This seal was subsequently modified by Ordinance 2002-26 on
December 17, 2002, to change the words on the seal. Florida law provides various protections for the use of
the official City seal, including specific penalties for its misuse. Logos and other similar "marks" that are
created and used by local governments are not protected pursuant to the authority stated in Section 165.043,
Florida Statutes. Such logos and marks must be protected from misuse by other means, including establishing
the marks and logos in ordinance as well as registering the marks with the State. The City Commission
adopted the current"passion flower" logo at its April 6, 2013 meeting. Subsequent to this Commission action,
the "passion flower" logo has been incorporated into the design of equipment, letterhead, and uniforms, as
these have been replaced in the normal course of operation. The result has been that the City now utilizes a
number of logos for various purposes. The draft ordinance proposes to formally adopt the "passion flower"
logo endorsed by the City Commission in 2013 and also formally adopts the logos that continue to be used by
various City operational departments and units. The draft ordinance will repeal the current codification of the
City Seal in order to move this language to a new Article IV in Chapter 1 of the Code, where the language
regarding City logos will also be added. The proposed City Seal and all four logos are unchanged from their
current form.Additionally, in another process,the four logos will be registered with the State.
This item was pulled.
SECOND READING OF ORDINANCE—None
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REGULAR AGENDA - 6:34 PM
10. Settlement Agreement for Colony Plaza Demolition Lien and other Liens. (City
Attorney Cookson.)
From 2002 through 2013 the City of Ocoee filed a number of different liens on the Colony Plaza property at
the southwest corner of Maguire Road and State Road 50 (the "Property"). Included among the liens was a
demolition lien relating to the costs incurred by the City and funded by CRA funds in demolishing the
dilapidated Plaza building on the Property (the"Demolition Lien"). The City's actual costs for the demolition
were $1,105,406.21, which costs included legal fees from the prior City Attorney's office which were paid by
the City. The Demolition Lien has remained on the property since 2009 and has been accruing interest at 18%
per year from February 2010. Interest accrued to date on the Demolition Lien is close to $1,600,000.00. The
liens on the Property were not the only impediments to the redevelopment of the Property. Because the prior
use of the structure on the Property was condominium ownership, the ownership interests in the Property and
certain easements over the Property needed to be terminated. Over the years the owner of the Property has
worked to terminate such interests and easements, which required separate State legislation to accomplish the
work. Those interests and easements were terminated, and subject to resolution of the City's liens, including
the Demolition Lien,the Property is ready for redevelopment. Over the last several months City Staff has had a
number of meetings with the owner of the Property and a development partner concerning resolution on the
City's liens and redevelopment of the Property. The owner/developer are prepared to move forward with the
redevelopment with terms set forth in the Settlement Agreement. The owner/developer has committed to
complete Phase 1 of the development on or before December 31, 2018, and agrees to use good faith,
commercially reasonably efforts to develop the remaining portion of the Property as soon as practicable.
Angel de la Portilla, Economic Development Manager/Consultant, gave a brief PowerPoint
presentation that explained the demolition of the Colony Plaza along with the liens that were
placed on this property. He further shared that the owner/developer are prepared to move
forward with the redevelopment with terms set forth in the Settlement Agreement and within 60
days the City's CRA will receive the settlement amount of $1.1 million. The owner/developer
has also agreed to redevelop the property to be consistent with the masterplans set forth in 2010
and has committed to complete Phase 1 of the development on or before December 31, 2018.
Further details were provided on the CRA revenue projected once developed.
The City Commission shared their excitement on what is being proposed. Mayor Johnson
thanked Mr. Boyd and City staff for their patience during this process.
Motion: Move to approve the Settlement Agreement with the Owners (defined in
the Settlement Agreement) by releasing all City liens, including the demolition
lien with the payment of $1,105,406.21; and further permit redevelopment of the
property consistent with the Concept Plan and Design Standards.
Moved by Commissioner Grogan, seconded by Commissioner Keller; Motion
carried unanimously.
STAFF ACTION ITEMS - None
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COMMENTS FROM COMMISSIONERS - 6:41 PM
Commissioner Grogan — Announced that a Celebration of Life Ceremony was held for former
Mayor S. Scott Vandergrift, who passed away recently. He would like the City Commission to
think about and consider naming something in Mayor Scott's honor as they redevelop the
Downtown.
Commissioner Wilsen — 1) Thanked the HRDB Board and City staff for a wonderful Martin
Luther King, Jr. (MLK) Day Parade. 2) She further shared that at that event she found out that
Congresswoman Val Demings introduced a stand-alone House Bill for the zip code legislation
for Ocoee. She is excited about this and is sure the residents in her district will also feel the
same. She additionally encouraged residents to speak with their representative or senator if they
have any questions or concerns on House Bills being presented.
Commissioner Firstner — 1) Shared the deadline for the Community Grant application is
January 31st. 2) Announced the Fire Department will be welcoming their 12 new firefighters on
January 25th at 6pm at the Ocoee Lakeshore Center. The 12 new firefighters were hired as part of
the SAFER Grant. 3) Announced the grand opening for Innovation Montessori Charter School at
1644 North Lakewood will be held this Saturday, January 20th from 11 am- 1 pm.
Commissioner Keller — 1) Shared he also thanked Congresswoman Val Demings for her
support on the House Bill. 2) Announced he received an e-mail about the Hackney Park
becoming a semi-dog park as many residents are not leashing their dog when at the park.
Residents are asking if signs can be placed stating that dogs must be leashed. City Manager
Frank said he believes the Parks and Recreation Department is working on signage as they were
informed of the issue.
Mayor Johnson — Said he would like to consider sending a letter to Orange County about
Fullers Cross Road and having the City's portion of the money applied to improvements of that
intersection. City Manager Frank inquired from the City Planner if the funds from the Chevron
Property were designated for the specific road improvements on Fullers Cross Road. City
Planner Rumer answered in the affirmative and briefly explained the mitigation funds that were
designated. Consensus of the City Commission was to have City staff send a letter
to Orange County District Commissioner regarding a joint project for
improvements at the intersection on Fullers Cross Road.
ADJOURNMENT - 6:50 PM
APPROVED:
Attest: "I-, of1 c P •e
rs4 0
Melanie Sibbitt, City Clerk Rusty John. ayor
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