HomeMy WebLinkAbout10-07-14MINUTES
October 7, 2014, at 7:15 P.M.
REGULAR CITY COMMISSION MEETING
A. CALL TO O RDER
Mayor Vandergrift called the regular session to order at 7:15 p.m. in the Commission
Chambers of City Hall. James Bartel of Central Florida Freethought Community gave the
invocation, followed by the Pledge of Allegiance to the Flag, led by Commissioner Keller.
City Clerk Eikenberry called roll and declared a quorum present.
Roll Call: Commissioner Grogan, Commissioner Wilsen, Mayor Vandergrift, Commissioner
Johnson, and Commissioner Keller.
B. PRESENT AND PROCLAMATIONS
Proclamation - International Walk to School Day — October 10"'
Commissioner Keller read the proclamation which Mayor Vandergrift proclaimed October l O t "
as International Walk to School Day.
Proclamation - Red Ribbon Week — October 23"' — 31
Commissioner Johnson read the proclamation which Mayor Vandergrift proclaimed October
23 -31 as Red Ribbon Week.
Proclamation — National Colonial Heritage Month — October 2014
Commissioner Wilsen read the proclamation which Mayor Vandergrift proclaimed October
2014 as National Colonial Heritage Month.
Proclamation - National Bullying Prevention Month — October 2014
Commissioner Grogan read the proclamation which Mayor Vandergrift proclaimed October
2014 as National Bullying Prevention Month.
Proclamation - Put the Brakes on Fatalities Day — October 10
Mayor Vandergrift proclaimed October 10"' as Put the Brakes on Fatalities Day.
Recognition of Promotions of Bryan Pace to Sergeant and Jason Price to Corporal
Deputy Police Chief Silberstein announced the promotions of Bryan Pace to Sergeant and
Jason Price to Corporal. A brief bio was given on both gentlemen prior to their pinning by a
family member.
C. COMMENT FROM CITIZENS /PUBLIC - None
D. STAFF RE PORTS AND AGENDA REVIEW- None
NOTE Items on the agenda were moved around considerably in order to first address those
items with parties in attendance. The agenda was heard in the following order:
Items that were moved forward and heard in the following order: 15, 13, 14, 12, and 16
Consent Agenda Items 1, 2, 3, and 7 approved under one vote
Consent Agenda Items pulled for discussion, then approved under one vote: 4, 5, 6, 8, and 9
Remaining Agenda Items were heard in the following order: 10, 11, 17, 18, and 19
Regular City Commission
October 7, 2014
E. CO MMISSIONERS AN
Commissioner Keller — announced the City of Ocoee's Parks and Recreation Department will
hold its 7th annual Haunted House starting October 18th. The house is located at 951 Ocoee -
Apopka Road. This year's hours are Friday, October 18th from 7 -11 PM and Friday & Saturday
October 24 & 25` from 7 -11 PM. There will be a hay ride, games and refreshments in addition
to the Haunted House. The "Haunted Walk" is back this year as well. Admission is $3.00 each
for the house and for the walk. We encourage everyone to bring non - perishable food items for
the West Orange Christian Service Center.
Commissioner Wilsen — announced the Parks and Recreation Department will be hosting its
monthly Food Truck Friday event on Friday, October l 7th, from 6:00 to 9:00 pm. on Lakeshore
Drive, in Bill Breeze Park. Food trucks will be offering gourmet food and delectable treats, and
the movie "Frankenweenie" will be shown during the event; the movie will start at 7:30 p.m., so
come out and enjoy a dinner and a movie in the park.
Commissioner Grogan -- announced the Founders' Day Poker Run — Saturday November 1,
2014, starting at 9:30a.m. This event will occur at Clarke Grub & Pub, 1113 S. Clarke Rd,
Ocoee, FL 34761. The Ocoee Police Department will be hosting its Thirteenth Annual Founder's
Day Poker Run. The poker run will start and end at Clarke Grub and Pub. Proceeds from the
Poker Run will be used to raise funds for the Police Department's Holiday Toys for Kids in Need
Drive. In 2013, the event had approximately 100 participants which helped the Holiday Toys for
Kids in Need program. It enabled more than 500 children to receive toys, school supplies,
clothing, and in some cases food baskets. As the City Of Ocoee grows, so does the number of
families that seek assistance from this program. Donations are being accepted at this time. $100
donors will receive their name on the back of the event T- shirt; $150 donors will receive their
name and logo on the back of the T- shirt. If interested please contact Sergeant Mireya lannuzzi
at (407) 905- 3160, ext. 3015 or miannuzzi @ocoee.org
Commissioner Johnson 1) announced the City of Ocoee's 21 st Annual Founders Day Festival
will be held Friday, November 7th and Saturday, November 8th. This year's entertainment will
feature Kellie Pickler and Josh Thompson on Friday, and Chris Young, Swon Brothers, and the
Bellamy Brothers on Saturday. There will be Carnival Rides, Food Vendors, a "Chick -fil -A" 5K
Race, Poker Run, Fireworks, Marketplace Arts n' Crafts, Fishing Tournament, Classic Car Show
and much more. 2) announced the Founder's Day Golf Tournament is on October 24 °i and there
are plenty of spots open. City Engineer Wheeler asked how the commission would like to
handle getting members for the City team. Consensus was to have a blind draw.
F. CONSENT AGENDA
Commissioner Keller, seconded by Commissioner Grogan, moved to approve the
Consent Agenda Items #1, #2, #3 and #7 with the remainder of the items being
pulled for separate consideration. Motion carried 5 -0.
Commissioner Wilsen, seconded by Commissioner Grogan, moved to approve
Consent Agenda Items #4, #5, #6, #8, and #9 that were pulled for individual
discussion. Motion carried 5 -0.
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Regular City Commission
October 7, 2014
1. Approval of Minutes for the Regular Commission Meeting Held September 16, 2014.
(City Clerk Eikenberry)
Approved on Consent. Motion carried 5 -0.
2. Appointments to the Community Grant Review Board. (City Clerk Eikenberry)
Members of the Community Grant Review Board serve two -year terms. The Ordinance provides that the
Community Grant Review Board membership shall consist of five (5) members. With the recent resignation of
Tim Henderson, the board has now only three (3) members and there are two (2) vacancies. Two (2)
applications have been submitted to serve on this board.
Jane Rainer and Eneida Cortes have expressed their interest in serving on the Community Grant Review Board.
Approved on Consent. Motion carried 5 -0.
3. Appointments to the Human Relations Diversity Board. (City Clerk Eikenberry)
Members of the Human Relations Diversity Board serve three -year terms. Currently the Human Relations
Diversity Board has nine (9) members and their resolution allows no less than seven (7) members and no more
than thirteen (13) members. Two (2) applications have been submitted to serve on the board.
Zane Prater and Pastor Gabriel Padilla have expressed their interest in serving on the board.
Pastor Gabriel Padilla, founding pastor of the multi - lingual, multi - cultural Elevation Christian in Ocoee, is not a
citizen of Ocoee; however, per the Board's Bylaws, the City Commission can waive the foregoing membership
qualifications when the City Commission deems it appropriate.
Approved on Consent. Motion carried 5 -0.
4. Approval of Bluford Avenue Drainage Project Purchase Agreement — Braland
Property. (Public Works Director Krug)
The City Commission approved the acquisition of right of way required for the Bluford Avenue Stormwater
Project at the November 19, 2013, meeting, authorizing the Attorney to make the statutorily required pre -
condemnation offer letters at the appraised values and then proceed to eminent domain. Mr. and Mrs. Darryl
Braland own property along the affected roadway. After protracted negotiations, the Bralands have agreed to
convey the parcel to the City for the total sum of $5,250.00, inclusive of any claim for attorney's fees and costs.
Public Works recommends the Commission approve the attached Purchase Agreement in order to complete the
property acquisition phase of the project. This is the last of five acquisitions required for the project. The
property acquisition is adequately funded in the project budget.
Public Works Director Krug explained that this is the last of five acquisitions required for the
Bluford Avenue Storinwater Project. Once this accepted and the closing is complete staff can
proceed with bidding the project. Commissioner Johnson inquired how soon it would be before
they start work. Public Works Director Krug advised they expect that they will be able to
break ground by January. Commissioner Johnson inquired if there was a way to notify the
homeowners in that area as to when the work would begin. City Manager Frank said they can
put door hangers.
Pulled for Discussion. Approved on Consent. Motion carried 5 -0.
5. Approval of Assignment of RFP #11 -004, Small Construction Projects Term Contract,
APEC to Altair. (Public Works Director Krug)
A continuing contract has previously been awarded to APEC, Inc., for construction services. The City was
noticed that APEC, Inc. has been acquired by Altair Environmental Group, LLC. As a result of the purchase,
Altair has been assigned all contracts that APEC was currently working on at the time of purchase. APEC has
requested the City assign its contract for construction services to Altair.
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Regular City Commission
October 7, 2014
Public Works Director Krug explained that the company Altair Environmental Group, LLC
has purchased APEC, Inc. As a result of the purchase, Altair has been assigned all contracts that
APEC was currently working on at the time of purchase. APEC has requested the City assign its
contract for construction services to Altair.
Pulled for Discussion. Approved on Consent. Motion carried 5 -0.
6. Approval of RFP #11 -006, Term Contract for Wheeled Refuse Containers, OTTO
Environmental Systems North America, Inc., Price Adjustment. (Public Works
Director Krug)
The City Commission awarded OTTO Environmental Systems North America, Inc., (OTTO) the term contract
for wheeled refuse containers at the June 7, 2011, Commission meeting. The contract automatically renews
annually for a maximum of five years with a one -year renewal option. The contract contains provisions for an
automatic annual 3% cost escalation upon each renewal and the vendor may request additional cost adjustments
for years three through five. These provisions have consistently been included in this type of contract due to the
market conditions of resin, an oil based product, from which the carts are fabricated.
OTTO has not exercised their option for the annual cost escalation in previous years; however they are
requesting the 3% escalation for this year along with a price increase for the cost of resin. The request is in
accordance with the General Terms and Conditions of Section 6 and 7 of the contract. Public Works has
reviewed the data provided to confirm through independent sources the resin cost increase is justified and valid.
Public Works Director Krug explained that the City has had a contract with OTTO
Environmental Systems North America, Inc. since 2011. The contract allows for the them to
implement an increase when the cost of resin, an oil -based product, increases. The increase they
are requesting is justified and valid.
Pulled for Discussion. Approved on Consent. Motion carried 5 -0
7. Approval to Transfer Budget Between Accounts in Order to Implement Needed
Equipment Purchases and Installation Services to Upgrade the City Commission
Chambers Audiovisual System. (Support Services Director Butler)
Staff presented Agenda Item 12 for consideration at the September 16, 2014, City Commission meeting to move
budget authority from one operating account to another in order to accomplish certain procurements. Two of
those procurements related to replacing or supplementing audiovisual equipment in the City Hall Commission
Chambers and in the Community Center. Those recommendations were subsequently removed from the agenda
item by substituting a request to put part of the transferred funds into the Community Center Replacement
capital project account. This change was the result of suppliers and contractors not being able to provide the
AV equipment and complete its installation before the end of the fiscal year on September 30, 2014.
Since that time, staff has determined the ELMO document camera on the podium has lost its internal
illumination capability and the overhead projector can no longer be managed using the remote control. The
projector also lacks sufficient power to provide the desired level of color intensity. Rather than merely replace
these two items, staff wants to re- instate the AV Reconstruction Project proposed in the original wording of
Agenda Item 12 from the earlier City Commission meeting.
Approved on Consent. Motion carried 5 -0.
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Regular City Commission
October 7, 2014
8. Approval of Contract Amendment for Police Communication Services with the City of
Apopka. (Police Chief Brown)
The police department is requesting that the City Commission amend the police communications services contract
with the City of Apopka. The communications services contract with Apopka ended September 30, 2014, the
amendment would extend the contract one year with a more favorable termination clause. The amended terms
would allow termination after six months with 60 days prior notice. After the sixth month the contract goes to a
month to month basis.
When the agreement with Apopka is terminated the police department intends to enter into a police
communication services contract with the City of Winter Garden. The police department is currently in
negotiations with the City of Winter Garden for these services. The final terms and conditions are being settled
but the payment for services are favorable. The two cities share the State Road 50 corridor and the West Orange
County community and this future contract will only enhance police services for both communities. The Winter
Garden and Ocoee Police Departments have shared a long law enforcement relationship and look forward to an
even closer relationship with the future communication services agreement.
Commissioner Wilsen inquired if explanation could be provided on what the City is planning to
do with the police dispatch. Their last move to Apopka caused a lot of concerns and now it
appears they might be going to Winter Garden. City Manager Frank explained that this item
tonight is not regarding the transition of dispatch but for the renewal of dispatch services with
Apopka for an additional year with a more favorable termination clause. Sometime within the
next 6 months to a year when Winter Garden agrees to some type of arrangement with Ocoee
than it will come back before the Commission.
Pulled for Discussion. Approved on Consent. Motion carried 5 -0
9. Approval of Memorandum of Understanding and Revision to the Perpetual Easement
for the Purposes of Incorporating a City Retention Pond into a Future Retention Pond
for the Florida Department of Transportation's SR 50 Widening Project. (City
Engineer Wheeler)
The Florida Department of Transportation (FDOT) has finalized their plans for the widening of SR 50 to six travel
lanes through Ocoee from the entrance to the West Oaks Mall to SR 429. The large undeveloped tract in the
Ocoee Commerce Center that abuts Bluford Avenue is to be one of the retention ponds for that road widening
project. City staff has been working with FDOT and its consultant about joining the City's small dry pond into
the larger FDOT pond. Both ponds would be located within Bluford Avenue and Ocoee Commerce Parkway. The
large undeveloped tract will be the FDOT's retention pond for the majority of the SR 50 widening. The
Memorandum of Understanding was developed as the conceptual plan for the combining of the two ponds by
FDOT and the development of the park around the final pond by the City. Additionally, at the April 15, 2014,
regularly scheduled City Commission meeting, the City Commission granted FDOT a perpetual easement over the
small dry retention pond on South Bluford Avenue for the purposes of constructing one large pond and set forth
the maintenance responsibilities for the pond to be with the City and authorized the Mayor and City Clerk to
execute the Perpetual Easement Agreement. The Agreement was developed by FDOT and reviewed by the City
prior to the presentation to the City Commission for consideration and approval. FDOT has now determined that
they sent us an incorrect version of that Perpetual Easement agreement and is requiring the City Commission to
approve the modified version of that agreement.
Commissioner Wilsen inquired about the changes to this item since it had been approved once
before. City Engineer Wheeler explained that back in April 2014, the City Commission granted
FDOT a perpetual easement. FDOT has now determined that they sent the City an incorrect
version of that Perpetual Easement agreement and is requiring the City Commission to approve
the modified version of that agreement. The Memorandum of Understanding is to memorialize
the fact that FDOT is going to offer the fencing that they typically put around their retention
pond and removal /usage of the dirt between the ponds. FDOT will credit the City monies that
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Regular City Commission
October 7, 2014
FDOT would have paid for the 6 foot fence and removal /usage of the dirt to be used to pay for
the short retaining walls and 42 inch decorative fence.
Pulled for Discussion. Approved on Consent. Motion carried 5 -0
G. FIRST READING OF ORDINANCES
10. First Reading of Ordinance - Approval of Amended Ordinance for the City of Ocoee
Municipal Police Officers' and Firefighters' Retirement Trust Fund Reflecting Changes
Made by CBA. (Police Chief Brown)
The Pension Board for the City of Ocoee Municipal Police Officers' and Firefighters' Retirement Trust Fund is
governed by City of Ocoee ordinance. 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 changes.
City Attorney Cookson read the title of the Ordinance. Mayor Vandergrift announced the
second reading and public hearing will be held on October 21, 2014, Regular Commission
Meeting at 7:15 p.m. or soon thereafter.
11. First Reading of Ordinance - Amending General Employees' Retirement Ordinance
No. 2009 -020. (General Employees' Retirement Board Chairman Wagner)
At a Special Meeting held on August 19, 2014, the General Employees' Retirement Board adopted an amended
Annual Actuarial Report dated August 13, 2014, which was based upon the results of an Actuarial Experience
Study performed by Foster & Foster, Inc. The purpose of this study was to evaluate the assumptions and
methods used to determine funding levels for the General Employees' Trust Fund to ensure financial soundness
going forward.
After careful review of a] I of the parameters affecting required contributions rates needed to adequately fund the
retirement program, the Board accepted several actuarial assumption changes that are incorporated in the
amended Annual Actuarial Report. These modifications resulted in a significant reduction to the required City
contribution rate from 20.5% to 13.14 %, for an annual monetary savings to the City of almost one -half million
dollars.
City Attorney Cookson read the title of the Ordinance. Mayor Vandergrift announced the
second reading and public hearing will be held on October 21, 2014, Regular Commission
Meeting at 7:15 p.m. or soon thereafter. City Manager Frank briefly explained the
reevaluation of the actuarial bases for the City's contribution and the benefits the City is
receiving.
H. SECOND READING OF ORDINANC — PUBLIC HEARING
12. Second Reading of Ordinance - Westyn Bay Commercial. (Advertised in the Orlando Sentinel
on Thursday, September 25, 2014). (City Planner Rumer)
The subject property is located on the southwest corner of Ocoee Crown Point Parkway and Ocoee Apopka
Road. The parcel is identified as parcel number 06- 22 -28- 0000 -00 -067. The parcel is 20.85 acres. The Westyn
Bay Commercial Planned Unit Development (PUD) is comprised of 44 single- family units and 6.59 acres of
commercial and stormwater /open space. The subject property consists of vacant and undeveloped land. The
Future Land Use designation for the subject site is "Commercial ". The rezoning to PUD is required to introduce
the residential density.
a. PUD Rezoning /Land Use Plan
b. Development Agreement (not a public hearing)
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Regular City Commission
October 7, 2014
City Manager Frank announced there is a revised development agreement in front of them that
they would need to consider.
City Planner Rumer gave a brief overview of the project which is proposed as a mixed used
development of 44 single- family units and 6.59 acres of commercial and stormwater /open space.
There is one (l) waiver from the Land Development Code that is currently requested. The
Applicant has requested a waiver from Table 5 -1 Permitted Use Regulations to allow drive in
restaurants within two hundred (200) feet of residential property.
Mayor Pro Tem Johnson opened the public hearing.
Tom Sullivan, of Gray Robinson, behalf of the applicant, briefly addressed the commission and
thanked staff for all of the support and input; he advised he is available for any questions.
Mayor Pro Tem Johnson closed the public hearing.
Commissioner Grogan said he likes the development that is being proposed and believes it will
be very well liked by the neighboring residents in Westyn Bay.
City Attorney Cookson read the title of the ordinance.
Commissioner Grogan, seconded by Commissioner Keller, moved to approve the
Weston Bay Commercial PUD Rezoning /Land Use Ordinance No. 2014 -016.
Motion carried 5 -0.
Commissioner Grogan, seconded by Commissioner Keller, moved to approve the
Weston Bay Commercial Development Agreement and the attached waivers as
presented by staff. Motion carried 5 -0.
The ordinance, as adopted on second reading, carries the following title:
ORDINANCE NO. 2014 -016
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING
CLASSIFICATION FROM OCOEE C -2, COMMUNITY COMMERCIAL, TO OCOEE
PUD, "PLANNED UNIT DEVELOPMENT," ON CERTAIN REAL PROPERTY
CONTAINING APPROXIMATELY 20.85 ACRES LOCATED ON THE SOUTH WEST
CORNER OF OCOEE CROWN POINT PARKWAY AND OCOEE APOPKA ROAD,
PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER;
FINDING SUCH ZONING TO BE CONSISTENT WITH THE OCOEE
COMPREHENSIVE PLAN; PROVIDING FOR AND AUTHORIZING THE REVISION
OF THE OFFICIAL CITY ZONING MAP; REPEALING INCONSISTENT
ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN
EFFECTIVE DATE.
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Regular City Commission
October 7, 2014
I. PUBLIC HEARINGS
13. Casa Mirella Phase V — Preliminary/Final Site Plan. (City Planner Rumer)
The subject property is located on Lot 3 of Casa Mirella located on the west side of Maguire Road and south of
Roberson Road. The parcel of land is approximately 2.7 acres. The subject property is zoned Planned Unit
Development (PUD) and is located within the Belmere PD.
The Casa Mirella Phase V PSP /FSP is a multi- family dwelling project that proposes a total of 60 multi- family
units. The 60 units will be provided for in two separate buildings. One building will contain 36 units and the
other 24 units. The stormwater will be handled in the existing stormwater management facilities and will
require a modification to the existing SJRWMD stormwater permit. All internal roadways in Casa Mirella Phase
V will be private and will be accessed through the existing gates.
City Planner Rumer gave a brief overview of Casa Mirella Phase V PSP /FSP which is a multi-
family dwelling project that proposes a total of 60 multi - family units.
Mayor Vandergrift opened the public hearing. As no one wished to speak, the public hearing
was closed.
Commissioner Johnson, seconded by Commissioner Wilsen, moved to approve
Casa Mirella Phase V — Preliminary /Final Site Plan as presented by staff. Motion
carried 5 -0.
14. Arden Park North Phase 2 — Preliminary /Final Subdivision Plan. (Principal Planner
Fabre)
Arden Park North is identified as parcel 11) number 04- 22 -28- 0000 -00 -001 (9421 Clarcona -Ocoee Road)
located on the north side of Clarcona -Ocoee Road and situated between Hobson Road and Ingram Road.
The Arden Park North Phase 2 PSP /FSP is a residential subdivision that proposes a total of 205 single - family
residential lots with a resulting net density of 2.73 units per acre. In addition, Arden Park North Phase 2
PSP /FSP is proposed to be constructed in two sub - phases (A & B).
City Planner Rumer gave a brief overview of the Arden Park North Phase 2 PSP /FSP
residential subdivision located on the north side of Clarcona -Ocoee Road. The proposed project
will provide a total of 205 single- family residential lots. In addition, Arden Park North Phase 2
PSP /FSP is proposed to be constructed in two sub - phases (A & B). He noted that future phases
will require some improvements to Clarke Road, but at this time we are looking at Phase 2 only.
Mayor Vandergrift inquired if there were any fountain features on the property. Stephen J.
Polachek, Standard Pacific Homes, Orlando spoke about the great relationship he has had
with working with city staff. Ile further gave a brief overview of the Arden Park development
and theme. In response to the Mayor's question, there will not be a fountain in Phase 2, however
but they will incorporate water features on their future sites. Mayor Vandergrift suggested they
look into the Wounded Warrior Project since it would not only help a wounded soldier but could
be a good selling point for their subdivision.
City Planner Rumer added that there are two waivers being requested that he will need to
address before they vote on this item.
Mayor Vandergrift opened the public hearing.
Regular City Commission
October 7, 2014
Todd Clements, Senior Landscape Architect, Court Street Partners, LLC, presented
exhibits and explained the concept of their open space park and amenities for the Arden Park
North Phase 2 area.
R.P. Monaeky, 1820 Prairie Lake Blvd., asked if the density of the project is being done to kick
up the density. Mr. Rumer explained that the over density of the project is just above 2.5
dwelling units per acre, which is below the average of 3 dwelling units per acre. The PUD was
amended from townhomes at 900 units per acre to this plan that has 700 units, so it has been
decreased.
City Planner Rumer described the two waivers that were not included in the Plan and need to
be added. The first waiver will be to not require fencing around the pond with a 4:1 slope; the
code normally requires fence for less than 5:1. They will work with staff to make sure it is not
near an area of pedestrian use. The second waiver is for a 25 -year storm event as opposed to a
100 -year storm event for two pond areas that discharge into Lake Sims and Trout Lake. He
noted that staff recommends these waivers, and he and the City Attorney will come up with the
exact verbiage for them.
Mayor Vandergrift closed the public hearing.
Commissioner Keller, seconded by Commissioner Grogan, moved to approve the
Arden Park North Phase 2 — Preliminary /Final Subdivision Plan with the addition
of the two waivers as presented by staff. Motion carried 4 -0 with Mayor
Vandergrift away from the dais.
15. Kids Community College Special Exception for Charter School Use. (City Planner
Rumer)
'The proposed Kids Community College Charter School is located in the Lake Olympia Square development.
The parcel is located on the west end of the commercial plaza. Lake Olympia Square is a seven (7) lot
commercial subdivision approved for construction in 1994 with Phase 2 being approved in 1996 (see plans
attached). The subject site is vacant and contains 6.22 acres. Currently, there is a Winn Dixie anchored
shopping center, restaurants and service uses with out - parcels containing a bank, gas station, and an oil and lube
center. The current zoning designation on the property is C -2 (Community Commercial). The existing land use
designation for the property is "Commercial ".
This item was moved forward on the agenda and beard before Item #I
City Planner Rumer gave a brief overview of the proposed Kids Community College Charter
School that is to be located in the Lake Olympia Square development; the parcel that also
contains the shopping center with the Winn Dixie. The proposed Kids Community College will
be a PreK -5 °i grade charter school located in a C -2 (Community Commercial) zoning district. He
explained the Special Exception process that we approve to a specific site plan. The 2 -story
school building is proposed in the Plan at 28,880 square foot. The applicant has expressed that he
will request to increase it to 31,000 square feet due to new building codes and school
requirements. Staff consulted with the developer to move the retention pond from the rear to the
west side to better handle stormwater. The access to the school will be through Silver Star Road
and Clarke Road; there is no access on Olympus Drive and will not be added when the
commercial parcels are developed. A traffic study was done and proposed accesses functioned
without requiring any improvements. The school is limited to 350 students.
Mayor Vandergrift opened the public hearing.
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Regular City Commission
October 7, 2014
Timothy A. Powell, Urban Planner, noted he is assisting the project engineers by presenting the
Special Exception. He stated the overall vacant parcel contains 6.22 acres and is zoned C -2,
consistent to the smaller out parcels along Silver Star road. The subject property for this special
exception for the proposed charter school will consist of 4.32 acres. The site will be secured by a
6 -1 black decorative fence with gates on the north and east perimeters. The existing brick
wall on the western property line will be extended to the north property line of the school and the
brick wall along the south side will remain. Gates will be closed and locked during non - school
hours. The property will have 74% open space and 26% impervious surface area. There will be a
minimum 25 foot landscape buffer along Olympus Drive and Silver Star Road. He discussed the
traffic study findings and that no transportation improvements were found to be necessary. He
noted that here to answer any questions are: Mike Raysnor, traffic consultant expert; Bret
Hedstrom (Civil Engineer) and Jason Kendall (Environmental Planner), both from Brad Design
and Engineering; as well as Richard Burke, developer from Episcopal School of Jacksonville
(ESJ) who will own Kids Community College (KCC) and Tim Kilpatrick who will operate KCC.
Public Comments
John Finger, Lake Olympia Club, spoke in support of the project and hopes the Commission
agrees. He questioned if the schooling levels will change the exception. City Planner Rumer
advised that this special exception in the plan does limit them to PreK -5"'. They would have to
request an amendment if they changed the schooling level.
Commissioner Wilsen stated they had a meeting prior to the commission meeting with
surrounding neighbors to discuss this project and said she has not heard any negative comments.
She gave City Clerk Eikenberry a petition of people supporting the Charter School and would
like it entered into the record. She stated the only concern she heard was about traffic along
Silver Star Road and that has been addressed.
Commissioner Grogan confirmed that the traffic study had been done with the proposed 350
students and not the current enrollment. Planner Rumer confirmed. He asked the developers if
they had looked at other properties in the city because he felt that these are valuable commercial
properties. Tim Kilpatrick explained that the site plan contained two commercial parcels along
silver star road that will create revenue once tenants have been identified. Commissioner
Johnson agreed that we have many schools in the city that not paying taxes and with this school
we would even lose the land tax we are receiving. He asked Planner Rumer what the impact fees
would be if the parcel was developed for commercial, to which Mr. Rumer responded $5,000 per
each $1,000 square feet. Commissioner Keller expressed his concerns about loss of commercial
revenue and traffic issues with people speeding through the plaza. He also noted that he heard
they may not have to pay for connection of reclaimed water. City Engineer Wheeler said with
Hackney Prairie School, Orange County Public Schools (OCPS) paid the connection fees and he
assumed they would do the same.
Ken Bear, 752 Westyn Bay Blvd, has three daughters and drives his oldest to Gotha where KCC
is currently located. Ocoee needs these charter schools and he does not like seeing the
Commission putting revenues over quality education for children. Commissioner Keller stated he
is not opposed to the school, just the location they have selected. There was discussion about the
location and other alternatives for the school. Mr. Bear noted that property has been sitting
empty for a long time, they are not competing with someone who wants to build commercial
there. He asked the commission to choose which is more important, quality education or tax
dollars. Commissioner Keller said he believes they can have both, they don't have to choose.
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Regular City Commission
October 7, 2014
Mayor Vandergrift closed the public hearing.
There was some discussion about other groups looking to build charter schools in Ocoee
Mr. Kilpatrick said that having a high performing school to that area will bring 350 new
customers into that area every day which will help that Winn Dixie plaza that is currently
suffering.
Commissioner Johnson noted that children are first and foremost on this Commissions mind
and has been since he has lived here in 1955. They have put an enormous amount of effort into
making sure the education in this city is good. It is not a fair statement to say that we are putting
money over kids. There was a discussion between Commissioner Johnson and the developer,
Richard Burke, with regard to the commercial parcel before they have identified tenants. There
was also discussion about other properties that could be more appropriate. Mr. Burke said you
cannot find a better use for that parcel than this charter school. There are a lot of parents here
tonight to support what KCC has done for their children. This parcel was the best parcel we
found after researching a lot of locations, partly due to the fact that the commercial parcels will
remain there and produce revenue.
Andrew Sechler, HOA Board of Director at Lake Olympia Club, spoke in favor of building the
charter school; he feels it is the best use of the site that is between commercial and residential
uses. He feels all of these things need to come together to fix this corner and a community
oriented use is badly needed on this side of the street. He noted that the 98 apartment units that
were previously proposed would have been detrimental to the area. This has the potential to help
the Winn Dixie plaza. He is shocked at the opposition to this.
Commissioner Wilsen noted that she is shocked that there is opposition to this project that will
bring economic development into the community as well as better education opportunities. The
residents are all in favor of this; this development will improve the drainage issues on that
corner, bring in shoppers to the plaza that may be facing foreclosure, and build to commercial
properties.
There was further discussion among the connnission with regard to the location and how much
limitation the school may put on potential commercial properties.
Kim Baer, 752 Westyn Bay Blvd., spoke in favor of the Charter School. She noted that her
children will attend it and it will bring consumers into the area. She said she has been looking at
numerous properties for this school and this property the one that worked the best for everyone.
The only ones opposed are the Commission who want to keep it as commercial even though it
has been vacant for years.
Commissioner Keller noted that they don't want to lose commercial. He suggested the school
go in the West Oaks Mall. Ms. Baer said that is not acceptable for parents to send their young
children to school in a mall and it would further deter Ocoee from having more commercial
businesses in the mall. Commissioner Johnson noted they are trying to make decisions best on
what is best for the community as a whole.
Timothy Powell said one of his responsibilities over the last 25 years is to determine the highest
and best use of properties for government and other properties. The argument that this is prime
commercial property is incorrect; the two out parcels are prime property, however the portion
where the school will be has drainage issues and access limitations. There is no other property
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Regular City Commission
October 7, 2014
that will have 74% open space. What the Commission is saying they want for that property is just
not going to happen. You will not achieve those ideals. Additionally, he stated that no developer
specs a building and then hopes for a tenant, especially since there are visibility and access issues
and major drainage problems.
Resident (no name given), architect for 19 years, agrees with what Mr. Powell just said, that is
not prime commercial property. You can make it prime commercial property by putting the
school there. The arguments that are being presented here tonight don't hold a lot of water.
Mayor Vandergrift said he has been in favor of charter schools for many years. He feels this
school will bring 350 families into Ocoee for visits and maybe to live. The school will employ
60 local people. He is in favor of this project. He made a comment about an unrelated property
acquisition that is on the agenda later.
Commissioner Wilsen, seconded bV Mayor Vandergrift, moved to approve the
Special Exception for Kids Community College per staff's recommendation.
Mayor Vandergrift discussed fencing the school and possibly allowing the city to use it. We
need to put money into schools. Discussion ensued regarding the consideration of the purchase
of the property on Kissimmee Avenue for revitalizing a downtown area.
Commissioner Wilsen reminded everyone that this is not prime commercial property that we
are giving up and any other developer will have problems with the visibility and drainage issues.
Commissioner Keller asked if the front end of the property will remain C -2. City Planner
Rumer advised the whole property will remain C -2, the school portion will get the tax
exemption but the front two parcels will still be taxed.
Motion carried 4 -1 with Commissioner Grogan opposing.
BREAK: 8:53 p.m. - 9:07 p.m.
J. REGULAR AGENDA
16. Consideration of a Revised Offer of $125,000 to Sell Property Located at 35 W. Geneva
St. and 669 S. Cumberland Ave. by Roy and Victoria Sanders. (Support Services
Director Butler)
Property owned by Roy & Victoria Sanders at 35 West Geneva Street (Parcel No. 17- 22 -28- 6144 -04 -193,
13,271 SF) and 669 South Cumberland Avenue (Parcel No. 17- 22 -28- 6144 -04 -172, 14,299 SF) is adjacent to
city -owned property. The total size of the subject property is 27,570 SF, or about two - thirds of an acre. Mr. &
Mrs. Sanders have made an unsolicited offer to sell both parcels to the city for the amount of $187,900.00.
Along with their offer, which was conveyed on a standard residential contract for sale and purchase, they
provided an October 14, 2013, fee appraisal noting the market value of the property as being $84,000.00.
According to that appraisal, the property improvements include two residential structures and a carport.
Describing the smaller house (984 SF), the appraisal says, "The improvements ... are in very poor condition,
likely uninhabitable, and are recommended for demolition." The larger home (1,344 SF) is in better condition,
"is currently occupied, of wood -frame construction, and in average condition for its age and likely has some
remaining economic life." A portion of this structure is on city -owned land.
The initial offer to sell the property at a price of $187,900 was rejected by the City Commission at its regularly
scheduled meeting on September 16, 2014. Staff was directed to continue discussions and seek a lower price.
The sellers subsequently revised their offer.
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Regular City Commission
October 7, 2014
Support Services Director Butler explained the initial offer to sell the property at a price of
$187,900 was rejected by the City Commission at its regularly scheduled meeting on September
16, 2014. Staff was directed to continue discussions and seek a lower price. The sellers
subsequently revised their offer to $125,000. The market value of the two parcels is $84,000.00.
Commissioner Johnson said that he feels this property would be beneficial to the City for
drainage or to develop some time in the future. If they have the owner get another appraisal the
property may have increased and they may be able to agree on a price closer to their offer. Funds
to purchase this property could come out of the stormwater fee.
Commissioner Johnson, seconded by Commissioner Keller, moved to offer
$100,000 for the property owned by Roy and Victoria Sanders located at 35 W
Geneva St. and 669 S. Cumberland Ave. No vote was taken at this time due to
subsequent discussion and amendment.
Victoria Sanders inquired if the City would take an offer for $115,000. Commissioner Wilsen
commented that she would need to be convinced that this property would even be needed by the
City; otherwise she cannot see purchasing it. Commissioner Wilsen said she is not convinced
that we can actually use this property; she does not want to just by it for the sake of buying it.
Public Works Director Krug said that it would be viable property for a stormwater retention
area in the future. It will help to meet some of the unfunded mandates.
R.P. Monacky, 1820 Prairie Lake Blvd., shared that he recently watched a program where cities
have installed solar power systems to generate more electric power. He feels the City should look
into this since it would be a cost savings to the City. This property acquisition might be a good
place to do it.
Mayor Vandergrift, seconded by Commissioner Johnson, moved to amend the
offer to $115,000. Motion carried 4 -1 with Commissioner Wilsen opposing.
Original Motion as amended carried 4 -1 with Commissioner Wilsen opposing.
17. Contract to Purchase Real Property Located at 15 S. Kissimmee Avenue and 214 W.
McKey Street. (Assistant City Manager Shadrix)
The City Commission recently engaged in a strategic planning process, to date resulting in three sessions with
the City Commission. A primary area of agreement between members of the commission during strategic
planning involved goals to set the stage for re- development of the historic downtown area of the City. Staff was
directed to look at property located 15 S. Kissimmee Avenue and 214 W. McKey Street in the historic
downtown area as possible acquisitions that could further potential re- development goals, and even serve as
possible sites for a future City Hall relocation.
The City prepared a contract and executed an addendum for consideration by the City Commission at the
seller's asking price of $525,000 to include both properties. Additionally, an appraisal was prepared by
Property Evaluation and Consulting that appraises the collective properties at $505,000. Staff seeks direction
fi•om the City Commission regarding the purchase of the above referenced properties.
Assistant City Manager Shadrix explained the process that had occurred thus far. He noted
that the agenda packet included the appraisal, phase one environmental assessment, and a staff
assessment. The contract before you is at the purchase price of $525,000. There was discussion
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Regular City Commission
October 7, 2014
as to the contract being contingent on commission approval. City Manager Frank noted that
the original offer was $595,000 and the city countered with the offer for $525,000.
There was discussion regarding the visioning session and downtown starting at Franklin and
going toward SR 429 and the funding and bonding that would be used to get that moving
forward. Mr. Shadrix said we have a grant from the State of Florida to pay for SR 429
interchange study; one of the key interchanges is the Plant /Franklin corridor which connects
Winter Garden's downtown with ours. Further discussion ensued with regard to the
transportation recommendations that would come from the study.
There was unrelated conversation regarding the Strategic Planning Sessions and how we need a
wrap up session to put all of the ideas and concepts together that were discussed in the first two
sessions.
Commissioner Johnson, seconded by Commissioner Wilsen, moved to approve
the Contract to Purchase Real Propertv Located at 15 S. Kissimmee Avenue and
214 W. McKee Street for $525,000. Motion carried 5 -0.
18. Acceptance of Shelley's Environmental Systems' Offer to Extend Their Contract
( #0114 -0710) with Daytona Beach Sludge Disposal Service to the City. (Utilities Director
Smith)
The City of Ocoee Wastewater Treatment Facility currently receives and treats approximately 591.3 million
gallons per year of wastewater from its customers, producing approximately 1,700 wet tons per year in sludge
(biosolids). With improved operational and sludge pressing efficiencies over the last five years, the City has
seen an annual decrease in sludge production of 500 tons per year.
MaxWest Environmental Systems, Incorporated, had been providing non- exclusive sludge disposal service for
the City, but on June 6, 2014, MaxWest notified the City that they were ceasing their operations and would no
longer provide disposal service.
Utilizing the City's historical relationship with Shelley's Environmental Systems, Incorporated ( Shelley's),
which includes biosolids disposal and the acceptance of trucked sludge press permeate at the wastewater plant,
the City diverted sludge disposal to a Shelley's facility. To formally establish a more long -term operational
relationship, Shelley's has extended its contract conditions with Daytona Beach (Daytona Beach Sludge
Disposal Service Contract 90114-07 10) to the City.
Utilities Director Smith explained the need to extend the piggyback contract with Daytona
Beach for Sludge Disposal Service to the City.
Commissioner Wilsen, seconded by Commissioner Johnson, moved to approve
the acceptance of Shelley's Environmental Systems' offer to extend their
Contract ( #0114 -0710) with Daytona Beach Sludge Disposal Service to the City.
Motion carried 5 -0.
19. Discussion — Water Ordinance Issue. (Mayor Vandergrift)
Tabled to the next meeting.
K. STAFF ACTION ITEMS
None
1411',<vc
Regular City Commission
October 7, 2014
L. COMME FROM COMMISSIONERS
Commissioner Keller — reminded residents about the Ocoee Haunted House starting on October
18` 24` and 25 ° ' from 7pm -I Iprn.
Commissioner Johnson — asked Utilities Director Smith if they are going to allow people to
come and dump at the City facility once they start the septic tank pumping program. Utilities
Director Smith answered that they would prefer not to take other peoples sludge because they
do not know where it comes from or if there are chemicals mixed in the sludge.
Commissioner Wilsen — advised that the other day she attended the Police Community Picnic
and heard that a dog nipped a child. She has a concern with pets being allowed to events and
would like some parameters to be set. After a brief discussion, Commissioner Wilsen asked that
this item be put on the next agenda.
Commissioner Grogan None
Mayor Vandergrift -- announced International Walk to School Day is this week and encouraged
students to walk.
ADJ OURNMENT
Meeting adjourned at 10:45 p.m.
APPROVED:
Attest:
\
City of Ocoee
S. Scott Vandergrift, Mayo
15 1,: `;