05-15-18 Agenda OCOEE CITY COMMISSION
Ocoee Commission Chambers
150 North Lakeshore Drive
Ocoee,Florida
May 15, 2018 AGENDA 6:15 P.M.
REGULAR CITY COMMISSION MEETING
CALL TO ORDER
Invocation
Pledge of Allegiance
Roll Call and Determination of Quorum
PRESENTATIONS AND PROCLAMATIONS
COMMENTS FROM CITIZENS/PUBLIC
STAFF REPORTS AND AGENDA REVIEW
COMMISSIONERS ANNOUNCEMENTS
CONSENT AGENDA
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE AND WILL BE ACTED UPON BY ONE MOTION.
THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS UNLESS DISCUSSION IS DESIRED BY A MEMBER OF THE COMMISSION,IN
WHICH CASE THE MAYOR WILL INSTRUCT THE CITY CLERK TO REMOVE THAT ITEM FROM THE CONSENT AGENDA AND SUCH ITEM WILL
BE CONSIDERED SEPARATELY.
1. Approval of the Minutes for the Regular City Commission Meeting held May 1, 2018.
(City Clerk Sibbitt)
2. Approval of Reappointments to the Code Enforcement Board. (City Clerk Sibbitt)
The Code Enforcement Board was created by Ordinance No. 741 on June 16, 1981.The purpose of this board
is to review infractions of the City technical codes, negotiate compliance, and impose fines for failure to
comply. The Code Enforcement Board is to have seven (7)regular members and two (2) alternate members,
all with three-year terms. There are no applications currently on file. The three-year terms of Darrell Lowery,
Keith Carrington, and Valerie Odom expire June 2018. All members have expressed an interest in being
considered for reappointment. In 2017, Darrell Lowery attended seven (7) out of seven (7) meetings; Keith
Carrington attended six(6)out of seven(7)meetings; and Valerie Odom attended seven (7) out of seven(7)
meetings.
3. Approval of New Appointment to the Citizen Advisory Council for Ocoee Police
Department and the Citizen Advisory Council for Ocoee Fire Department.
(City Clerk Sibbitt)
Members of the Citizen Advisory Council for Ocoee Police Department (CACOPD) and Citizen Advisory
Council for Ocoee Fire Department(CACOFD)serve three-year terms. The Resolutions creating both Boards
allows no more than fifteen(15)members. The CACOPD Board currently has eleven(11)members, and the
CACOFD currently has seven (7) members. An application has been received by James Orme, a resident of
District 4, who has shown an interest in being appointed to both the CACOPD and CACOFD for a term
ending January 2021 (CACOPD)and November 2021 (CACOFD).
Regular City Commission
May 15,2018
4. Approval of a Two-Year Warranty Surety and Maintenance, Materials, and
Workmanship Agreement with Letter of Credit with BPG Ocoee 1 LLC for the Park
at 429, Lot 3. (Development Engineer Womack)
The Park at 429, Lot 3, is a part of the overall Park at 429 Industrial Park located at 639 East Crown Point
Road. The overall parcel is 45.54 acres in size, while Lot 3 makes up 25.1 acres of the overall development.
Lot 3 consists of two light industrial use buildings that are 195,144 SF. and 245,973 SF, respectively. The
developer has completed construction of the infrastructure improvements necessary for the Park at 429, Lot 3
and has requested a Certificate of Completion for this phase of the overall development. The infrastructure
improvements include drive aisles and parking lots, sewer and water systems, drainage facilities (including
retention and detention ponds) and other improvements under the provisions. Additionally, the Park at 429
constructed a new public lift station and constructed infrastructure to allow for future connection of public
utilities for the properties north of the Park at 429. All identified punch list repairs are currently being
completed, and the developer will be ready to start the two-year warranty period for the public infrastructure
improvements once the punch list items are inspected. 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. BPG Ocoee 1 LLC has provided the City
with a Letter of Credit in the amount of 10% of the constructed improvements ($74,722.50). The
Maintenance, Materials, and Workmanship Agreement with Letter of Credit(Irrevocable Stand-By Letter of
Credit issued by JPMorgan Chase Bank)acts as the executable document between the developer and the City.
The Letter of Credit will be kept on file with the signed Maintenance, Materials, and Workmanship
Agreement, which will ensure that funds will be available should they be needed during the two-year
warranty period. The Surety will be returned to the developer upon completion of the two-year warranty
period and the repair of any damages caused over that two year period.
5. Approval to Increase the Construction Phase Budget Allocation for the Lakeshore
Center Expansion Project to $3,900,000 and the Total Project Budget for All
Identified Needs to $4,300,000. (Support Services Director Butler)
The Lakeshore Center Expansion project was designed by Rhodes + Brito, architects, under a continuing
services contract with the City. 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 RFQ) used for hiring licensed professionals, such as architects and
engineers. In accordance with §255.103(2),Florida Statutes,the CM at Risk provided a guaranteed maximum
price (GMP) and a guaranteed completion date. The original GMP was $3,492,279, which was used by the
City Commission to establish a construction phase budget of $3.6 million. Subsequent plan changes,
construction method selections, value engineering modifications, and inclusion of items previously excluded
from the GMP, but necessary for the building to be usable, have increased the construction cost GMP to
$3,854,718.This number includes coverage of some items that are still to be resolved at a"worse-case" level,
plus a contractor's contingency of$95,000. Beyond the capital cost of construction, there is also the need to
acquire fixtures, furnishings, and equipment(FF&E)that are outside the scope of the work being performed
by the CM at Risk. These items include tables, chairs, portable dance floor, some AV equipment, kitchen
equipment,and other items needed to utilize the enlarged banquet space to its full capacity.
6. Approval of Duke Energy Bluford Avenue Overhead to Underground Conversion
Easements on City Properties. (Public Works Director Krug)
The City Commission awarded the Bluford Avenue Streetscape Construction Project in April of 2017. An
integral part of this streetscape project in the Downtown Master Plan is the conversion of pole mounted
overhead utilities to underground facilities. The conversion for electrical and cable utilities was incorporated
in the projects funded through the General Fund bond. The City has coordinated with Duke Energy to design
an underground system with the required above ground switch gear strategically located on City properties
where the installations will not interfere with the redevelopment improvements. These locations are
formalized by granting easements on portions of properties at the following locations: 100 South Bluford
Avenue (southeast corner of Bluford and Magnolia); 2 North Bluford Avenue (northwest corner of Bluford
and McKey);201 North Bluford Avenue(north and east of the Bluford and Franklin intersection). A separate
agenda item contains the agreement for the work associated with the easements. Public Works recommends
approval of the easements in order to facilitate the completion of the Streetscape Project.
Wage
Regular City Commission
May 15,2018
7. Approval of Duke Energy Bluford Avenue Overhead to Underground Conversion
Utility Reimbursement Agreement. (Public Works Director Krug)
The City Commission awarded the Bluford Avenue Streetscape Construction Project in April of 2017. An
integral part of this streetscape project in the Downtown Master Plan is the conversion of pole mounted
overhead utilities to underground facilities. The conversion for electrical and cable utilities was incorporated
in the projects funded through the General Fund bond. The City has coordinated with Duke Energy for the
conversion with the next step in the process executing a Utility Reimbursement Agreement (URA).
Executing the URA will allow Duke to finalize the design and costs which will be brought back to the
Commission for approval at a future date. Public Works recommends approval of the URA in order to
facilitate the completion of the Streetscape Project.
8. Approval to Award Bid #B18-02 Asphalt Paving Projects for Fiscal Year 2018.
(Purchasing Agent Tolbert)
The City of Ocoee, Florida (City) solicited bids from qualified contractors to furnish labor, supervision,
materials, equipment, supplies and incidentals for the asphalt paving projects for fiscal year 2018, for the
milling and resurfacing of Tomyn Road, Story Road, Orlando Avenue/White Road, and alternates Geneva
Ave, Malcolm Area and Tiger Minor Park—parking area. The bid was publicly advertised on April 1, 2018,
and opened on May 1, 2018. There were a total of four (4) bids received ranging from $835,757.00 to
$989,995.48. All bids are available in the Finance Department for review. The Public Works and Finance
Departments reviewed all bids received and all were considered responsive. Staff recommends awarding the
bid to Hubbard Construction Company as the most responsive and responsible bidder for$835,757.00.
PUBLIC HEARINGS
9. First Reading and Public Hearing of a Resolution Creating the Ocoee Brownfield
Area, Ocoee Special Economic Enhancement Development (S.E.E.D.) (Second Public
Hearing Date scheduled for June 5, 2018, Regular Commission Meeting at 6:15 p.m. or soon thereafter.
Advertised in the West Orange Times on Thursday, May 3, 2018.) (City Planner Rumer)
The State of Florida has provided in Ch. 97-277, Laws of Florida,codified as Sections 376.77-376.86,Florida
Statutes, as amended,`Brownfield Redevelopment Act" for the designation by resolution of certain lands as a
"Brownfield Area" and for the corresponding provision of environmental remediation, rehabilitation, and
economic redevelopment for such areas. The City of Ocoee proposes to identify a geographical area and to
notify the Florida Department of Environmental protection of its decision to designate a Brownfield Area for
remediation, rehabilitation and economic redevelopment areas as a way to represent a reasonably focused
approach to eliminate blight and raise property values. The reason for providing the brownfield designation is
to allow for accelerated environmental assessment and, if necessary, remediation of the three properties
identified in the area and to allow access to job-related bonus monies thereby encouraging job creation. The
Brownfield Area will be called the Ocoee(S.E.E.D)Special Economic Enhancement District.
10. Ciara Place at Lake Meadow Preliminary and Final Subdivision Plan (PSP/FSP),
Project #LS-2017-013. (Advertised in the West Orange Times on Thursday, May 3, 2018.)
(City Planner Rumer)
The Ciara Place at Lake Meadow is a townhome development that is situated in the existing Prairie Lake
PUD Track"G". The property is located on the southwest corner of Hackney Prairie Road and Clarke Road
and is approximately 21.13 acres in size. The subject site is currently undeveloped with a variety of trees,
wetlands and 100-year floodplain areas. The proposed Ciara Place at Lake Meadow is a private, gated, 88-
unit townhome community with fee simple ownership of the units on approximately 21.13 acres. The
townhome lots will be approximately 24.5-feet wide by 100 feet in depth. The rest of the required parking
spaces will be provided within off-street parking bays. The proposed amenity package consists of a
swimming pool, pool cabana, tot-lot and off-street visitor parking. There will be a six-foot high brick wall at
the entrance with a decorative metal fence with columns along Clarke Road. Appropriate landscaping will be
located along the wall and fence extending along Clarke Road and westward along the new right-of-way of
Hackney Prairie Road. The applicant will be dedicating a 10-foot wide recreational trail along the northern
property line in order to have access to the lake and an eight-foot wide sidewalk along the project frontage.
The major off-site improvement proposed for the project is a northbound left-turn lane on Clarke Road for
traffic entering into the site and a southbound turn lane (stripping only) to better facilitate traffic entering
Westchester residential development.
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Regular City Commission
May 15,2018
FIRST READING OF ORDINANCE -None
SECOND READING OF ORDINANCES—PUBLIC HEARINGS
11. Second Reading of Ordinances for Vaughn Property — 451 Ocoee Apopka Road
Annexation and Initial Rezoning; Project No(s): AX-03-18-72 & RZ-18-03-04.
(Advertised in the West Orange Times on Thursday, May 3, 2018 and Thursday, May 10, 2018.)
(Planner Jones)
The subject property at 451 Ocoee Apopka Road is located on the east side of Ocoee Apopka Road, 1,650
feet north of Silver Star Road with a total of+/- 0.83 acres. The Parcel Identification Number is 18-22-28-
0000-00-053. This parcel contains one (1) single-family residence. The applicant is annexing into the City
limits to receive City potable water connection. This property is located within the Ocoee-Orange County
Joint Planning Area (JPA) and is being considered for annexation as outlined in the JPA Agreement. City
staff has requested a City of Ocoee zoning designation of R-IA (Single-Family Dwelling) upon annexation.
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 JPA. The proposed annexation is a logical extension of the City
limits, urban services can be provided,and the annexation meets state and local regulations. The land use and
initial zoning are also consistent and compatible with surrounding properties. The owners wish to obtain
water service from the City.
a) Second Reading of Annexation Ordinance
b) Second Reading of Rezoning Ordinance
12. Second Reading of Ordinance Amending the Land Development Code (LDC)
Concerning the Planning and Zoning Commission/Land Planning Agency and the
Board of Adjustment. (Advertised in the West Orange Times on Thursday, May 3, 2018.)
(City Planner Rumer)
The First Reading of this Ordinance took place on May 1, 2018. All City Boards and Committees were
reviewed in 2016 for compliance with applicable laws (such as those governing dual office holding), which
through dialogue between the City Manager, Mayor, and members of the Commission, have prompted closer
review of how these groups functioned and whether refinements could be made to better benefit the City and
its citizens. Recent examples include the Code Enforcement Board, which was split into a board/magistrate
system in 2017; the Human Relations Diversity Board, which had changes made to member eligibility
guidelines in 2016; and the Violations Hearing Board was recently changed to a magistrate system. Through
extensive review of the statutorily defined roles of the Planning and Zoning Commission and the Board of
Adjustment as well as analysis of similar local governments, changes to the Land Development Code
governing the Planning and Zoning Commission are proposed. Notable proposed changes include transition
to a five member Planning and Zoning Commission as well as dissolution of the Board of Adjustment and
combination of its duties with those of the Planning and Zoning Commission. A complete summary of the
proposed changes to the Planning and Zoning Commission and Board of Adjustment can be found on the
staff report.
a) Second Reading of Ordinance
b) Resolution (this item is not a public hearing)
REGULAR AGENDA- None
STAFF ACTION ITEMS
COMMENTS FROM COMMISSIONERS
ADJOURNMENT
PLEASE NOTE:IN ACCORDANCE WITH FLORIDA STATUTES 286.0105:ANY PERSON WHO DESIRES TO APPEAL ANY DECISION AT THIS MEETING
WILL NEED A RECORD OF THE PROCEEDINGS AND FOR THIS PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS
IS MADE WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS BASED.
ALSO,IN ACCORDANCE WITH FLORIDA STATUTE 286.26:PERSONS WITH DISABILITIES NEEDING ASSISTANCE TO PARTICIPATE IN ANY OF THESE
PROCEEDINGS SHOULD CONTACT THE OFFICE OF THE CITY CLERK,150 N.LAKESHORE DRIVE,OCOEE,FL 34761,(407)905-3105 48 HOURS IN
ADVANCE OF THE MEETING.
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