HomeMy WebLinkAboutVII(A) Discussion/ Action Re: Traffic And Safety Issues Related To Spring Lake Elementary School"CENTER OF GOOD LIVING - PRIDE OF WEST ORIINGE"
CITY OF OCOEE
150 N. LAKESHORE DRIVE
OCOEE, FLORIDA 34761-2258
(407) 656-2322
STAFF REPORT
TO: The Honorable Mayor and City Commissioners
FROM: Jim Shira, P.E., City Engineer/Utilities Di to
Bob Smith, Public Works Director Rq
Janet Resnik, AICP, Director of Community Relations/Projects
Bruce Nordquist, Acting Recreation Director
THROUGH: Ellis Shapiro, City Manager
DATE: October 27, 1997
AGENDA 11-04--97
Item VII A
S. SCOTT VANDERGRIFT
SUBJECT: TRAFFIC AND SAFETY ISSUES RELATED TO SPRING LAKE
ELEMENTARY SCHOOL
ISSUE
COMMISSIONERS
DANNY HOWELL
SCOTT ANDERSON
SCOTT A. GLASS
NANCY J. PARKER
CITY MANAGER
ELLIS SHAPIRO
Should the Honorable Mayor and City Commissioners pursue a resolution of the traffic problems and
related safety issues at Spring Lake Elementary School with the Orange County School Board?
BACKGROUND
On September 24, 1997, Ocoee elected officials and staff met with several members of the staff of
Orange County Schools, including Spring Lake Elementary School Principal Sheila Johnson, Senior
Director of Elementary Education Nick Gledich, and Safety Programs Administrator David
Greenwood.
The main topic of discussion was the traffic problem in Spring Lake Hills subdivision (Spring Lake
Circle) caused by parents dropping off and picking up their children. The problem apparently stems
from the State's "two-mile rule" which basically states that any child who lives within two miles of
the school they attend will not be bused. Because of this rule, many parents of Spring Lake
Elementary School students are driving their children to and from school. The inadequate
accessibility of the school coupled with the number of children being driven to and from school and
the insistance by some of those parents to get out of their cars and walk their children to the
classroom, is causing cars to stack up beyond the school's property, into the public streets (Spring
CxL—
Page 2
Spring Lake Elementary School Staff Report
October 27, 1997
Lake Circle). This causes not only a problem for residents of this neighborhood, but safety issues
with children on bikes and on foot mixing with automobile and bus traffic. This also creates a
conflict with the buses trying to get in to drop off and pick up children.
Several ideas were expressed at this meeting as to how to solve the traffic problems. City staff agreed
to come up with some possible solutions, looking at feasibility and cost issues, and then getting back
with Orange County Schools staff to review the options.
There were several other issues raised at the meeting:
1. Whether or not the "Pig Trail' could be condemned and paved for a bicycle and walking
path for children. City staff said they would attempt to get a legal opinion on this and report
back.
2. Whether a parent parking lot and access could be created through the Nancy Ann Woods
subdivision through Sal Street and Leslie Ann Lane. This is discussed below (Option #4) but
is not recommended because it may potentially create traffic problems in yet another
neighborhood without solving the issue of providing adequate stacking room within school
property.
3. What immediate changes could be accomplished through training of parents and school
personnel to better handle the traffic problems until a permanent solution is implemented?
Winnie Gerken, Safety Manager for Orange County Schools Transportation Services Department,
recommended that the "S.T.A.T." (School Traffic Action Team) group be asked to visit the
school. The group is comprised of traffic and public safety professionals who work for various
governmental entities in the greater Orlando area. They would observe the traffic problems and
then make recommendations as to what could be done to manage the traffic until a more
permanent solution is made.
4. Whether the sidewalk area around the J&A store on the corner of Wurst Road and Spring
Lake Circle could be marked to help the children who walk and ride their bicycles in that
area. Police Chief Bob Mark and Public Works Director Bob Smith said they would work on
getting the sidewalk area marked as soon as possible.
Page 3
Spring Lake Elementary School Staff Report
October 27, 1997
DISCUSSION
City staff has reviewed the possible options related to solving the traffic problems for Spring Lake
Elementary School. Below is a summary of each option:
OPTION #1:
This option involves creating a new access to Spring Lake Elementary School from A.D. Mims Road,
west of the proposed entrance to the Ocoee Wastewater Treatment Plant and future recreational
complex. This access was proposed for parents only, in an effort to separate the cars from the bus
traffic and alleviate the stacking problem in the Spring Lake Circle area.
Option #1 may not be feasible. Even if all the problems could be worked out, this would be a very
expensive project. A primary hurdle is the railroad crossing that must be approved by Florida Central
Railroad. Ben Biscan, the representative for the railroad in this area, said the railroad is trying to
close existing crossings, not create new crossings. Mr. Biscan said it is highly unlikely that another
crossing would be approved, and if approved, the cost of the crossing with signals would be
approximately $150,000.
In addition to the railroad crossing, there are other problems with this option. The recreational
complex has already been approved with a soccer field and track proposed for the location where this
road would have to cross. The access, as discussed, was proposed as a two-lane road. The road could
not fit with the current configuration of the track and field. The City would have to redesign this area
of the recreational complex to leave room for the road and a drainage pond to handle runoff from the
road. The current wastewater holding pond directly east of the Spring Lake Elementary property
would also be impacted. Currently, the pond berms are close to the property line and these would
have to be moved to accommodate the road. Because of the topography in that area, construction
may be costly.
City staff has prepared an estimated cost for this option. Assuming a 1,500 foot long, 24 -foot wide
(two-way) access, and because of the significant grade differential between A.D. Mims Road and the
school site, the cost would be 10-20 percent more than the average cost for construction. Adding 15
percent to the $20 per square yard for construction costs, the estimate would be $92,000. With 20
percent contingency, the total would be $110,500. Adding $20,000 for design and permitting,
$35,000 for drainage facility construction, $8,000 for fencing (for the portion of the road on school
property), and $150,000 for the railroad crossing, the estimated cost is $323,500. With this option,
the yearly maintenance cost on the railroad crossing would also have to be considered.
Page 4
Spring Lake Elementary School Staff Report
October 27, 1997
OPTION #2:
This option involves an internal one-way loop on school property, taking cars from the entrance to the
school, around the property set aside for recreation, and continuing back through the area where the
sewer plant is, and back to the existing loop where parents drop off and pick up their children. This
option provides as much stacking room as Option #l. It provides for the separation of bus and car
traffic once the vehicles reach school property. A fence would be needed to provide necessary
separation of the pavement from the play area. This option is also contingent upon doing away with
the sewer plant and moving a few trailers, but these are seen as feasible modifications to the site. The
St. Johns River Water Management District would have to be consulted to determine whether
retention would be required for this additional pavement on school property.
City staff has prepared an estimated cost for this option. Assuming an 1,800 foot driveway with a 12 -
foot width at $20 per square yard, the cost to construct the driveway is estimated at $48,000. A
contingency of at least 20 percent should be added to account for connection to the existing
pavement, grading, and other construction costs which cannot be determined precisely at this time.
This would bring the estimated construction cost to $58,000. Adding $15,000 for design and
permitting, $25,000 for drainage facility construction, and $15,000 for fencing, the estimated total
would be $113,000.
OPTION #3:
This option involves creating a driveway off of the new proposed driveway leading to the recreational
complex and wastewater treatment plant, heading west to the school property and then connecting to
the existing loop where parents drop off and pick up their children. This driveway would result in
either a loss of volume in the existing holding pond or a redesign of the soccer field/track. The
permitted capacity of the wastewater treatment plant depends heavily on how much water .can be
retained on site. If there is a reduction in the holding capacity of the pond, it would have to be made
up elsewhere on the site. The approved recreational complex site plans were designed with the
express direction that they not take away any existing pond capacity. This option would most likely
entail costly construction of an additional holding pond or a redesign of the recreational complex. It
appears if the roadway were to go through the area where the soccer field is planned, there would not
be adequate room for both the roadway and the track and field. If it could be designed to fit a
roadway in between the pond and the track and field, there would be safety concerns. And because
the access to the school would be fenced, there would have to be room for vehicles to turn around if
they drove down this roadway and the fence was closed.
City staff has prepared an estimated cost for this option. Assuming a 900 -foot driveway, 24 -feet wide
at $20 per square yard, construction cost would be $48,000. This option would require dealing with
grading issues similar to Option #1, so the same 15 percent additional construction fee would be
Page 5
Spring Lake Elementary School Staff Report
October 27, 1997
added, bringing construction to $55,200. With a 20 percent contingency, this comes to $66,250. Due
in part to permitting issues related to the effluent pond, the cost and design for permitting would be
about $15,000. An additional $15,000 for fencing and $20,000 for drainage facilities would bring the
total to approximately $116,000. This assumes that there is no significant impact to the capacity of
the existing effluent pond. If its volume is reduced by a significant amount, the cost of replacing that
volume would be extremely high, since it would likely involve some off-site improvements, possibly
on property that is not now owned by the utility. This could require that the City condemn land for
the construction of the "replacement" effluent disposal facility. With the information available at this
point, no reasonable estimate of that cost can be made.
OPTION #4:
This option involves creating a second access through the Nancy Ann Woods subdivision, through
Sal Street and Leslie Ann Lane. Although this would relieve some of the traffic problems in the
Spring Lake Circle area, it would simply shift the problem to another neighborhood without creating
ample stacking area for parents' vehicles off of public streets. This option would be contingent on
the sewer plant being taken off line and some modifications would be needed to the pond where the
road would be built to make the connection.
City staff has prepared an estimated cost for this option. Assuming a 300 -foot long, 24 -foot wide
driveway, the estimated cost for construction of the road and pond modifications is $20,000. Again
with a 20 percent contingency, and then adding $10,000 for design and permitting, $12,000 for
drainage facility construction, and assuming no fencing, the estimated total is $46,000.
Other Related Considerations:
Staff believes that with some modifications to the recreational complex plans, a bicycle and
pedestrian path could be constructed between Spring Lake Elementary School and the new
recreational building so that students do not have to go out to A.D. Mims Road to access the new
facility.
Follow -Up Meeting
After gathering the necessary information on these options, Ocoee elected officials, City staff, and
Orange County Schools staff met again to discuss the findings. City staff explained its position on
each of the options. The Orange County Schools staff expressed concerns with the internal loop
(Option #2). Their primary concern is that children in the portables will have to cross traffic at some
point along the loop. Even if the school had a person they could rely on to direct traffic at the
crossing, Principal Johnson is worried that some children will not obey instructions and cross at some
Page 6
Spring Lake Elementary School Staff Report
October 27, 1997
other point causing further safety problems. The other concerns expressed by O.C. Schools staff
were: (1) They do not want to lose additional playground area. They have already lost a lot of the
area due to the portables, and are losing more as the parking area expands, and (2) that adding more
paved surface on the school campus will require more retention area which in turn causes them to
lose more of what little usable green space they have.
A spin-off of Option #4 was discussed at the second meeting. Option #5 would provide for a
vehicular connection from Sarah Lee Lane to the back of the school where the school's wastewater
treatment plant is located. When the treatment plant is removed, a paved vehicular access from Sarah
Lee Lane could be constructed to include a driveway loop at the location of the treatment plant. To
limit the number of vehicles going in and out of the neighborhood, it was suggested that this could be
for school bus traffic only. There are only six or seven buses. The existing bus loading area could
then be used as additional space for parent cars and loading those children. With the new bus loop, a
fence would be installed to prohibit access to the school from this driveway after school hours. It
would not be tied into the existing driveway loop so there would be no opportunity for cut -through
traffic from Spring Lake Circle to Sarah Lee Lane. There were some questions as to whether a loop
could be constructed large enough to accommodate bus traffic and whether there would be room on
the loop to stack all of the buses. Principal Johnson said she would also have to consider where the
children would gather to board the buses. This appeared to be a better option than Option #4 because
the buses would not need as large a stacking area and there would be minimal traffic added to the
Nancy Ann Woods subdivision. It was also discussed that this back entrance to the school may be
able to accommodate a bicycle and walking path to keep the children in those neighborhoods off of
Wurst Road.
If there were two areas for parents to drop off and pick up children (the existing loop and the existing
area now used for bus traffic), Principal Johnson said she could split the traffic by having children
who live on certain streets be picked up in one area, and the others in the second area.
Option #5 would have a cost of approximately $56,000. This figure represents the construction costs
as outlined in Option #4, with an additional $10,000 for construction of a bicycle and pedestrian path
along this same area and the necessary fencing.
RECOMMENDATION
The preferred option of Principal Johnson is Option #3. This would take up only a small portion of
the playground area and keep the parent drop off and pick up limited to one specific area. It would
allow plenty of stacking room for the parents' cars and keep the car and bus traffic separated.
Page 7
Spring Lake Elementary School Staff Report
October 27, 1997
Keeping in mind the objectives of these options as well as cost, City staff respectfully recommends
that the Honorable Mayor and City Commissioners pursue Option #5 with the Orange County School
Board. This recommendation is based on the feasiblity of the project. It appears Option #5 would
help solve the current traffic problems and would not adversely impact the City's wastewater
treatment ponds or the recreational complex. As estimated, it is also only about one-half the cost of
Option #3. While it will add some traffic to the Nancy Ann Woods subdivision, if the access is used
primarily for bus drop off and pick up, the amount of traffic will be minimal. Staff also believes that
this back entrance can be used by children either riding their bikes or walking to school in the
neighborhoods north of Wurst Road. This would keep them off Wurst Road and alleviate the need
for much of the "Pig Path."
Attached is a memorandum from the City Attorney regarding the "Pig Path." According to Mr.
Rosenthal, both the School Board and the City Commission have the lawful right to condemn the
property for a valid public purpose; however, it appears that process would be time consuming and
expensive. As stated above, if Option #5 is pursued and it is possible to add a bicycle and pedestrian
path along with the driveway loop, this would alleviate most of the need for the "Pig Path." For
informational purposes, if the "Pig Path" were to be acquired by either the School Board or the City,
it is estimated that a five-foot wide strip running the entire length of the path could be paved with
asphalt millings for about $2,000.
cc: Bob Mark, Ocoee Police Chief
Paul Rosenthal, City Attorney
Sheila Johnson, Principal, Spring Lake Elementary School
Nick Gledich, Senior Director of Elementary Education
David Greenwood, Administrator, Safety Programs, Orange County Schools
CHICAGO
JACKSONVILLE
LOS ANGELES
MADISON
MILWAUKEE
SACRAMENTO
TO:
FROM:
DATE:
RE:
FOLEY & LARDNER
A T T O R N E Y 5 A T L A W
POST OFFICE BOX 2193
ORLANDO, FLORIDA 32802-2193
111 NORTH ORANGE AVENUE, SUITE 1800
ORLANDO, FLORIDA 32801-2386
TELEPHONE (407) 423-7656
FACSIMILE (407) 648-1743
WRITER'S DIRECT LINE
MEMORANDUM
SAN DIEGO
SAN FRANCISCO
TALLAHASSEE
TAMPA
WASHINGTON D.C.
WEST PALM BEACH
Ellis Shapiro, City Manager
Janet B. Resnik, Director of Community Relations/Projects
Paul E. Rosenthal, Esq., City Attorney���
October 7, 1997
Spring Lake Elementary School Access Riclhts through
Adjoining Easements
This is in response to your request that I address whether or
not the City and/or the Orange County School Board can condemn an
easement for permanent access to the Spring Lake Elementary School
along a footpath sometimes referred to .as the "pig path". The
subject of the pig path was previously addressed in a memorandum to
the Ocoee City Commission dated August 29, 1996 (copy attached).
That memorandum addresses mechanisms which could be pursued in
order to obtain such easements on a voluntary basis.
The City of Ocoee has the power to exercise the right of
eminent domain for "streets, lanes, alleys and ways". The exercise
of such right must be for a valid municipal purpose. In this
particular case, the public purpose would be to obtain a pedestrian
ingress/egress easement in order to provide residents of the City
with easier pedestrian access to the Spring Lake Elementary School.
It is our opinion that the City could exercise its condemnation
powers in order to acquire such an easement provided ownership
thereof is retained by the City and not transferred to another
entity.
Should the City elect to proceed with the acquisition of a
pedestrian easement through the use of its condemnation powers, it
would be necessary to undertake the following:
(1) Obtain a survey of ,the lands to be acquired with each
ownership being a separately surveyed parcel.
(2) Obtain an appraisal on each parcel. The potential issue
of damage to the remainder parcel would need to be addressed
in any such appraisal.
ESTABLISHED 1 8 4 2
C
(3) Order title work on each parcel to accurately identify
the owners.
(4) Prepare the plans and specifications for the proposed
improvements to the.easement area.
Ultimately, the City would need to construct the proposed
improvements in accordance with the plans and specifications.
Three parcels would be involved in any acquisition by
condemnation. It is estimated that the attorneys fees and costs in
order for the City to acquire the parcels on an uncontested basis
would be $6,000, plus title, survey and appraisal costs. If the
property owners retain legal counsel or contest either the taking
or the valuation, then the costs could significantly increase.
The Orange County School Board also has eminent domain powers
pursuant to Section 235.05, Florida Statutes, which authorizes a
school board to take private property for any public school purpose
or when such property is needed for any school purpose.
If you require any additional information, please let me know. -
PER: cm
now._
PER:cm
Enclosure
C:1WPSI\DOCSVAE2 tOSISHAPIRo.lo6 I 1on/97 j 0RLRE j PER=c1==
-2-
FOLEY & LARDNER
ATTORNEYS AT LAW
CHICAGO POST OFFICE BOX 2193 SAN DIEGO
JACKSONVILLE ORLANDO, FLORIDA 32802-219304(.eo�4 SAN FRANCISCO
LOS ANGELES 111 NORTH ORANGE AVENUE, SUITE 1800 TALLAHASSEE
MADISON ORLANDO, FLORIDA 32801-2386 TAMPA
MILWAUKEE TELEPHONE (407) 423-7656 WASHINGTON D.C-
SACRAMENTO FACSIMILE (407) 648-1743 WEST PALM BEACH
WRITER'S DIRECT LINE
TO: The Honorable Mayor.and City Commissioners
of the City Ocoee
FROM: Paul E. Rosenthal, Esq., City Attorney r�%�
DATE: August 29, 1996 /
RE: Spring Lake Elementary School/Access Rights Through
Adjoining Easements
A question was raised at the August 20, 1996 City
Commission meeting as to whether an "easement" adjacent to the
Spring Lake Elementary School could be utilized for permanent
access and be paved in connection with such use. City staff has
reviewed this matter and concluded that the easements referenced by
the City Commission are shown on the Plat of Peach Lake Manor, Unit
Four (Plat Book X, Page 138). Except for the easements shown on
the Plat, the City staff did not find any other evidence of an
easement in favor of the City or the public.
The Plat reveals a 15' Drainage and Utility Easement
along the rear lot lines of Lots 226 and 228 through 237,
inclusive. No easements are revealed along the side yard
boundaries between Lots 226, 227 and 228 which is an area currently
utilized as a footpath and sometimes referred to as the "pig path".
A copy of this portion of the -Plat is attached.
Based upon our review of the Plat, it is our opinion
that, absent the agreement of the affected property owners, the 15'
drainage and utility easement can only be utilized by the,City for
drainage and utility purposes and that the general public would
have no right to enter upon such easement as a footpath or for
ingress and egress purposes. Further, absent the agreement of the
affected property owners the City would have no right to pave such
easement area. It should be noted that each individual property
owner has the right to obtain a building permit to fence the area
ESTABLISHED 1 8 4 2
The Honorable Mayor and City Commissioners
of the City Ocoee
August 29, 1996
Page 2
where the easement is located, subject to the right of the City to
remove such fence if needed to utilize the drainage and/or utility
easement.
It is our further opinion that the Plat shows no easement
along the "pig path" area between Lots 226, 227 and 228 and that,
absent the agreement of the affected property owners, the City
would have no right to pave such area or designate it as an area to
be utilized by the public for ingress and egress to the Spring Lake
Elementary School.
In the event the City desires to pave or otherwise use
any portion of the Lots within Peach Lake Manor for ingress/egress
purposes to and from Spring Lake Elementary School, it would be
necessary to (1) obtain easements from all affected property
owners,, .along with joinders and consents from any mortgage holders -
and (2) confirm that such use is consistent with the continued use
of the easement areas for drainage and utility purposes. If
exclusive use as a footpath is desired, then the easements on the
plat should be vacated.
If I can provide you with any further information, please
let me know.
PER:dh
Enclosure
cc: Ellis Shapiro, City Manager
James W. Shira, P.E., City Engineer
Russell B. Wagner, AICP, Director of Planning
C:1WPSl\DOC FvDCDHVNEMOb1PERMH08.7a1I&WMIDEBBIEHIPMA
41,99147'2720. N.89 59 E
/
'^ 320
/00;
308
319
309
_ 318
310
317
311 •
316
312
a /1, 60 �. •4718 f
313 W 218 = Q
315.•-," z a= 134
IV 4
a
314 `�,�
h:, ,o .� 233 ..
� t o � h• 26CQ
h E--
.4 'tea ,' . �; `'�•1
o _ 293 ,� o A , 4 . f 232 �
369.. h 28Z 28I , Zs�
370 r 79.67 X30 53,78' 60, 1 231
/2516
"� ij3 s3.s 4 • .
s-
6S6;,.as � • � o•
383
382
�373 ,� , a •-- a
381 s �� 374 .��'
h 380 �. 375 q 376,�1
379 i52 NN
�.
378 Q
377
s - 9'd0 i'` 917 �Y89'4!%'9F F
216 IL. GLI 9� / w6
Zl7 t26 0
s o_ !i9•e' ,I?1•Z a q
Z18
219 xt' N 87'•/5 34
X11 ti� •'o°• _ ZZ2 W &•ares*x- .sz
Zia ^� �' 220
1 ��
7AQ
e 290
273
h 238 o
W
,
�2Z3
289 f
274
-
� o
Q '
288
275
W
7 e•u'
�= ZS,237 o
,
O
�1
Z87 _
LI
276
1'25-
O
'^ 136
Z86
277
/OO•
/0,0,
235
a /1, 60 �. •4718 f
313 W 218 = Q
315.•-," z a= 134
IV 4
a
314 `�,�
h:, ,o .� 233 ..
� t o � h• 26CQ
h E--
.4 'tea ,' . �; `'�•1
o _ 293 ,� o A , 4 . f 232 �
369.. h 28Z 28I , Zs�
370 r 79.67 X30 53,78' 60, 1 231
/2516
"� ij3 s3.s 4 • .
s-
6S6;,.as � • � o•
383
382
�373 ,� , a •-- a
381 s �� 374 .��'
h 380 �. 375 q 376,�1
379 i52 NN
�.
378 Q
377
s - 9'd0 i'` 917 �Y89'4!%'9F F
216 IL. GLI 9� / w6
Zl7 t26 0
s o_ !i9•e' ,I?1•Z a q
Z18
219 xt' N 87'•/5 34
X11 ti� •'o°• _ ZZ2 W &•ares*x- .sz
Zia ^� �' 220
1 ��
7AQ