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HomeMy WebLinkAboutItem #01 Approval of Minutes MINUTES OCOEE CITY COMMISSION November 21,2006 at 7:15 P.M. November 21,2006 6:30 P.M. Presentation - West Orange High School Band Drum Battery. (Mayor Vandergrift) Presentation - Two Ocoee High School Dance Teams: Golden Girls and Phoenix Company. (Mayor Vandergrift) REGULAR CITY COMMISSION MEETING I A. CALL TO ORDER 7:15 P.M. Mayor Vandergrift called the regular session to order at 7: 15 p.m. in the Commission Chambers of City Hall. Commissioner Anderson gave the Invocation and Commissioner Johnson led the Pledge of Allegiance to the Flag. City Clerk Eikenberry called roll and declared a quorum present. Roll Call: Commissioner Hood, Commissioner Anderson, Mayor Vandergrift, Commissioner Keller, and Commissioner Johnson. Also Present: City Manager Frank, City Attorney Rosenthal, and City Clerk Eikenberry. I B. PRESENTATIONS AND PROCLAMATIONS I Presentation of Player of the Year Award to Brian Bennett and Stacia Wright - Tennis Coach Jack Vinson. (Parks and Recreation Director Hayes) Chris Andrews, faculty and band director of West Orange High School, thanked the City for their generous contribution to the band last year, and asked for their continued support to replace some badly worn instruments because funding will be limited when they move to the new school. Commissioner Johnson. seconded bv Commissioner Hood. moved to arant $3000 to West Oranae Hiah School Band from the Commission Continaencv Fund. Motion carried 5-0. Kimmie Keck, Dance Director of Ocoee High School, spoke to the Commission about the new dance clubs that were created and the awards they have received. She said they have raised approximately $2500 thus far. Commissioner Hood. seconded bv Commissioner Keller. moved to arant $..1QQQ. to Ocoee Hiah School Dance Clubs from the Commission Continaencv Fund. No vote was taken. due to subsequent amended motion. Commissioner Johnson asked if the motion could be amended to match the $2500 that the students have already raised. Commission Hood and Commissioner Keller rescinded their motion and second and made the following new motion: City Commission Regular November 21, 2006 Commissioner Hood. seconded bv Commissioner Keller. moved to arant ~ to Ocoee Hiah School Dance Clubs from the Commission Continaencv Fund. Motion carried 5-0. Mayor Vandergrift advised that schools can apply for the Community Merit Awards grants through the Community Relations Department. Non profit organizations can apply for $500 grants twice per year. 9. Resolution in Support Vandergrift) moved u rs Orlando Children's Hospital. (Mayor Item #9 was moved up on the agenda and heard under presentations. City Attorney Rosenthal read the title of the resolution. William J. Windor explained the history of Nemours, one of the largest pediatric health care systems in the county, and said they have been in Orlando for approximately 10 years. They saw 115,000 children last year in the State of Florida alone. Mayor Vandergrift said that Mayor Crotty and Mayor Dyer passed a resolution and included that Nemours is not allowed to offer the same services as other local hospitals, but OCOEE is not doing that. Mavor Vanderarift. seconded bv Commissioner Anderson. moved to adopt the resolution in support of Nemour's Orlando Children's Hospital. Motion carried 5-0. The resolution as adopted carries the following caption: RESOLUTION NO. 2006-014 A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, IN SUPPORT OF NEMOURS ORLANDO CHILDREN'S HOSPITAL; ENCOURAGING SUPPORT OF OTHER MUNICIPALITIES AND LOCAL GOVERNMENTS IN CENTRAL FLORIDA FOR NEMOURS ORLANDO CHILDREN'S HOSPITAL, AND PROVIDING AN EFFECTIVE DATE. I Co COMMENTS FROM CITIZENS/PUBLIC Mayor Vandergrift read an email from Frances Watts thanking the City for the bus that was leased for the Senior's trip this weekend. She said it was a nice bus with seatbelts. BREAK 7:59 p.m. - 8:09 p.m. I D. COMMISSIONERS ANNOUNCEMENTS Commissioner Hood - I) reminded everyone about the Pop Warner Junior Pee Wees who are competing at Cypress Creek (near Bithlow) on Saturday for the State championship against Sunnyland this weekend, 2) Community Merit Award applications are due by November 30, 2006. Page 2 of8 City Commission Regular November 21, 2006 Commissioner Anderson I) reminded everyone that the MVP Award applications are also due by November 30,2006, and 2) wished everyone a safe and Happy Thanksgiving. Commissioner Johnson wished everyone a safe and Happy Thanksgiving Commissioner Keller I) wished everyone a safe and Happy Thanksgiving, and 2) advised that the School Board Workshop will be held on December 4, 2006, at 4:30 p.m. at the downtown Education Center for the school rezoning, and those concerned about the rezoning should be present to voice their concerns. He said the School Board published an email address and an incorrect fax number for input and comments regarding the zoning maps, so many people did not get their comments heard. He said the Ocoee School Advisory Board will meet on Monday, at 7:00 p.m. here at City Hall. Commissioner Hood added that kids from the whole community of Sawmill, which is approximately 20 years old, will be taken from their schools and moved in their later years of school. Commissioner Keller said that Orange County is the 11 th largest school district in the country, and they need to learn to listen to their constituency regarding the constant rezoning of schools. Mayor Vandergrift 1) invited everyone to come to West Orange High School, 8:00 p.m. to midnight, to assist in arranging packages in the Food for Families drive. They make packages for approximately 800 families, three times a year on Thanksgiving, Christmas, and Easter. He said volunteers have come from all denominations and scouting organizations, as well as students. I E. CONSENT AGENDA 1. Appr Ild Acceptance of the City/Com Evan School Discussion of July 27, 2006. Approved on Consent. Motion carried 4-0 with from the dais. Charter Review Wor and lerk Eikenberry) Commissioner Johnson away 2. Approval of 3-Year Lease-Purchase of New eplacem FY 06/07. (Purchasing Agent Tolbert) Approved on Consent. Motion carried 4-0 with Commissioner Johnson away from the dais. 3. Award ofRFQ #0701 ProfessioIlal Arcbitectural& Engineering S .ces for New Utilities Adntillistrative Office Building. (PurcbasingAgeIlt Tolbert) The selected firm will assist the City in designing and building a new Utilities Administrative Office Building which shall include miscellaneous offices, break/training room, conference area, bathrooms and reception area. In addition, the project shall include site improvements such as parking, sidewalks, drainage, landscaping, and utilities extension. Staff recommends that the City Commission award the Contract for RFQ #0701 to KZF Design, LLC, and authorize staff to proceed with contract negotiations. This item was pulled from the Consent Agenda to be heard and voted on separately. A discussion ensued regarding the need for more information from Utilities Directors Smith on the plans and needs for this building prior to hiring an architect. There was also discussion regarding the RFP process. Page 3 of8 City Commission Regular November 21, 2006 Commissioner Anderson. seconded bv Mavor Vanderarift. moved to brina this item back for consideration at the next Commission Meetina with more information. Motion carried 3-2 with Commissioner Johnson and Commissioner Keller opposed. Consent,AgendaVote: Commissioner Hood. seconded bv Commissioner Anderson. moved to approve Consent Aaenda Items #1 and #2. as presented. with Item #3 beina pulled to be voted on separatelv. Motion carried 4-0. with Commissioner Johnson away from the dais. I F. PUBLIC HEARINGS Second Readill!!s 4. Arden Park.. (Community Developlllent Director the OrtandoSentineIOrangeBxtra onThursday,1\(bvember 9, 2006). The subject property is located on the north and south sides of Clarcona-Ocoee Road, west of Hobson Road, and east of Ingram Road. The subject property is 411.9 acres in size and is currently zoned R-IAA (Single- Family Dwelling). The Future Land Use Map designates the property as Low Density Residential, with areas around Lakes Sims, Meadow, and Trout designated Conservation/Floodplains. The request is to rezone the property to PUD (Planned Unit Development). The land use plan that was submitted for approval proposes 925 dwelling units mixed between single-family and townhome units with a maximum density of 2.96 dwelling units per acre. This density is consistent with the underlying land use and represents a similar density contained in a conventional single-family development. The plan proposes development of the project in six phases. I a. Land Use Plan/PUD Rezoning Ordinance. City Attorney Rosenthal read the title of the ordinance. There was a lengthy discussion on the development project among the Commission, Community Development Director Wagner, and Ms. Furman, an attorney representing Beezer Homes. Commissioner Keller. seconded bv Mavor Vanderarift moved to adopt on second readina. Ordinance 2006-019. approvina the Land Use Plan/PUD Rezonina for Arden Park. real property comprised of approximatelv 411.9 acres. per staff recommendation with the followina additional conditions: 1. As THE DEVELOPER'S CONTRIBUTION TOWARDS SIGNALIZATION OF THE INTERSECTION AND FOR THE MITIGATION OF TRAFFIC IMPACTS ARISING FROM THE PROJECT, THE DEVELOPER WILL PAY TO THE CITY A CASH PAYMENT OF $250,000 ON OR BEFORE THE EARLIER OF (I) FOUR (4) YEARS FROM THE EFFECTIVE DATE OF THE DEVELOPMENT AGREEMENT, OR (II) ANY BUILDING PERMITS BEING ISSUED FOR PHASE 3 OF THE PROJECT. THE FOREGOING PAYMENT SHALL NOT BE OFFSET OR REDUCED IN THE EVENT THE CITY IS ABLE TO OBTAIN FULL OR PARTIAL FUNDING BY ORANGE COUNTY FOR THE SIGNALIZATION OF THE INTERSECTION. NEITHER THE DEVELOPER NOR ANY OTHER PERSON IS ENTITLED TO ROAD IMPACT FEE CREDITS AS A RESULT OF SUCH PAYMENT. 2. No BUILDING PERMITS WILL BE ISSUED FOR ANY PHASES BEYOND PHASE 3 OF THE PROJECT UNTIL SUCH TIME AS (I) THE "SCHOOL SITE" HAS BEEN CONVEYED TO THE SCHOOL BOARD OF RECORD AT THE TIME OF A CONTRACT FOR SALE OF THE SCHOOL SITE OR AT THE TIME OF THE ACTUAL CONVEYANCE OF THE SCHOOL SITE (THE "SCHOOL BOARD"), OR (II) THE DEVELOPER AND THE SCHOOL BOARD HAVE ENTERED INTO AN AGREEMENT PROVIDING FOR THE CONVEYANCE OF THE Page 4 of8 City Commission Regular November 21, 2006 SCHOOL SITE TO THE SCHOOL BOARD WITH SUCH CONVEYANCE TO OCCUR PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS FOR PHASE 4 OF THE PROJECT. IN THE EVENT OF SUCH AN AGREEMENT, NO BUILDING PERMITS WILL BE ISSUED FOR PHASES 4, 5 AND 6 OF UNTIL THE SCHOOL SITE HAS ACTUALLY BEEN CONVEYED TO THE SCHOOL BOARD. NOTHING HEREIN SHALL BE CONSTRUED TO REQUIRE THAT THE DEVELOPER CONVEY THE SCHOOL SITE AT A PRICE BELOW THE FAIR MARKET VALUE THEREOF. 3. THE CITY SHALL HAVE THE OPTION TO PURCHASE THE SCHOOL SITE FROM THE DEVELOPER AT THE FAIR MARKET VALUE THEREOF; PROVIDED, HOWEVER, THAT SUCH OPTION SHALL TERMINATE AT SUCH TIME AS THE DEVELOPER ENTERS INTO AN AGREEMENT WITH THE SCHOOL BOARD OF ORANGE COUNTY FOR THE SALE OF THE SCHOOL SITE. 4. THE DEVELOPER SHALL DESIGN AND CONSTRUCT, AT THE DEVELOPER'S EXPENSE, EIGHT FOOT (8') WIDE SIDEWALKS ALONG THE WEST SIDE OF CLARKE ROAD NORTH OF CLARCONA-OCOEE ROAD. 5. TABLE 1 SHALL BE REVISED BY THE STAFF RECOMMENDATION AS APPROVED BY THE CITY COMMISSION. Commissioner Anderson. seconded bv Commissioner Keller. moved to amend the motion to chanae the time allowed for the sianalization from five years to four years or the beainnina of construction on Phase 3. whichever comes first. Motion carried 5-0 Vote was taken on oriainal motion. as amended. Motion carried 5-0. The ordinance, as adopted on second reading, carries the following caption: ORDINANCE NO. 2006-019 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, REZONING FROM OCOEE R- lAA TO "PUD" ZONING, PLANNED UNIT DEVELOPMENT DISTRICT, FOR CERTAIN REAL PROPERTY COMPRISING APPROXIMATELY 411.9 ACRES LOCATED ON THE NORTH AND SOUTH SIDES OF CLARCONA-OCOEE ROAD, WEST OF HOBSON ROAD AND EAST OF INGRAM ROAD PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; FINDING SUCH ZONING TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN, AND THE OCOEE CITY CODE; PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL CITY ZONING MAP; REPEALING INCONSISTENT ORDINANCES; PROVIDING AN EFFECTIVE DATE. I b. Development Agreement Commissioner Keller. seconded bv Commissioner Anderson. moved approve the Development Aareement, as presented bv staff. and includina the incorporation of all of the conditions approved for the rezonina ordinance into the Development Aareement. Motion carried 5-0 Page 5 of8 City Commission Regular November 21, 2006 5. General Employees' Pension BoardOrdblance Change. (Hultlanlteso Carnicella).XAdvertised as Public HeariHgTn the Orlando Sentinel Legal Classified on ember 12,2006). The Pension Board for the City of Ocoee Municipal General Employees' Retirement Trust Fund is governed by ordinance. Staff recommends the Commission adopt the amendment to the General Employees' Pension Ordinance to change the multiplier from 2.5% to 3%. There is no financial impact for fiscal year 07; the City's contribution to fund this change will be approximately 15% or payroll in FY 09. The City's contribution rate for FY 07 is 11.0%. City Attorney Rosenthal read title of ordinance. Human Resources Director Carnic ell a said he and the City Manager have been looking into another way of reducing City's contribution to the plan, by limiting the amount that any employee could receive as a maximum benefit in the pension plan. The Actuary needs approximately 3 weeks to complete the analysis, and he would like to bring the item back the second meeting in January 2007, and recommends that any change be retroactive to December I, 2006. Mayor Vandergrift opened the Public Hearing. Commissioner Johnson. seconded bv Commissioner Hood. moved to continue this item to a time certain of January 16. 2007. Motion carried 5-0. I G. REGULAR AGENDA 6. Approva Request for Reduction of Fine for Code Enforcement Board Case No. 05- 071 - Oco uities, LLC and Matthew J. lconer, 10570 W. Colonial .ve. (Building Official Jones) The property was observed as having overgrown grass/weeds within required landscape areas; miscellaneous trash and debris; the sign was dilapidated; and the waste container gates were left open and not maintained. A lien was placed on this property from a code enforcement board case. This fine accrued from September 27, 2005, until September 11, 2006. The property was brought into compliance on September 11, 2006. The total amount of the fine is $87,250.00. The Respondent is requesting that all fines be waived and the lien released. Building Official Jones described the nature of the violations and the history of actions that have been taken thus far. He advised the Code Enforcement Board reduced the fine from $87,250 to $63,000 and staff is recommending approval of that reduction. Matt Falconer, owner of property, advised that there were many communication errors that occurred within his company, some of the work was done, and he did not know a $250 per day fine was accruing on the property. He said he understands that there are violations on the property that should have been taken care of, however they are landscaping issues, and he feels the fine is way out of line. Commissioner Johnson. seconded bv Commissioner Keller. moved to reduce the fine to $6.300. pavable within 30 days. Motion carried 5-0. 7. Establishment of DistrictingCommission. (City Clerk Eikenberry) Commissioner Hood appointed Matt Garland. Consensus of the Commission to brina this item back to the next Commission Meetina to complete the nominations. Page 6 of8 City Commission Regular November 21, 2006 8. Donations to Following Volunteer Groups: a. West Orange High School Track Team - Commissioner Johnson. (Parks and Recreation Director Hayes) b. Orange County Falcons - Commissioner Johnson. Commissioner Johnson. seconded bv Commissioner Hood moved to arant $~ to the West Oranae Track team. and $500 to the Oranae County Falcons for otferinQ their support and volunteers throuahout Founder's Dav weekend. Motion carried 5-0. Commissioner Hood also asked if there would be a report on Founder's Day in the near future and Commissioner Johnson said it will be brought to the next meeting. c. Participants in the upcoming Christmas Parade on December 2 3006. (this item was added during the meeting and was not part of the published agenda). Mayor Vandergrift said that Cathy Sills of the Lions Club, who is organizing the Christmas Parade, asked the Commission to consider payment to High School Bands of $800 each ( Ocoee High School, West Orange High School, and Apopka High School), and the Young Blacks in Action are requesting $175 to perform in the parade. Commissioner Johnson said he doesn't mind paying the High Schools because of the cost of the rental buses and uniform cleaning, but he would not support paying one youth group because all of the other scouting organizations and youth groups participate in the parade for free. Commissioner Johnson. seconded bv Commissioner Hood moved to pay $800 to each of the three Hiah School bands: Ocoee Hiah School. West Oranae Hiah School. and Apopka Hiah School if they are able to participate in the Christmas parade. Motion carried 5-0. 9. Resolution in Support of Nemours Orlando Children's Hospital. (Mayor Vandergrift) This item was moved up on the agenda and heard under Presentations I H. STAFF REPORTS Utilities Director Charles Smith presented each Commissioner with a token gift of giant bolts from the Jemela tower foundation in celebration of the long-awaited dismantling of the tower. I I. COMMENTS FROM COMMISSIONERS Commissioner Keller said he would like to give the School Board credit for making a commitment to the school kids regarding the arts as witnessed tonight with the West Orange Page 7 of8 City Commission Regular November 21,2006 High School Band and the Ocoee Dance Club. He said many counties have cut funding to the Arts Programs, and Orange County has been very supportive. Commissioner Johnson - no comments Commissioner Anderson said he would like the Commission to consider having daytime Commission Meetings. Commissioner Hood mentioned that would be difficult for those who work during the day. Commissioner Hood- 1) reminded everyone about the Pop Warner Junior Peewees who are competing at Cypress Creek (near Bithlow) for the state championship against Sunnyland this weekend, 2) said the Ocoee Pop Warner Cheerleaders are competing this weekend also and he wished them luck, 3) wished everyone a Happy Thanksgiving. Mayor Vandergrift - 1) invited everyone to come to West Orange High School, 8:00 p.m. to midnight, to assist in arranging packages in the Food for Families drive. He said they make packages for approximately 800 families, 2) wished everyone a safe and happy holiday. I ADJOURNMENT The meeting was adjourned at 11 :08 p.m. Attest: APPROVED: City of Ocoee Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor Page 8 of8 MINUTES OCOEE CITY COMMISSION December 5, 2006 6:30 P.M. Performance by West Orange High School All Girls Choir 7:15 P.M. REGULAR CITY COMMISSION MEETING I A. CALL TO ORDER Mayor Vandergrift called the regular session to order at 7: 15 p.m. in the Commission Chambers of City Hall. Commissioner Keller gave the Invocation and Commissioner Hood led the Pledge of Allegiance to the Flag. City Clerk Eikenberry called roll and declared a quorum present. Roll Call: Commissioner Hood, Commissioner Anderson, Mayor Vandergrift, Commissioner Keller, and Commissioner Johnson (absent). Also Present: City Manager Frank, City Attorney Rosenthal, and City Clerk Eikenberry. I B. PRESENTATIONS AND PROCLAMATIONS- none I C. COMMENTS FROM CITIZENS/PUBLIC Pat Buckles, President of Ocoee High School Booster Club, said they are starting foundation for the High School similar to what West Orange High School did when they upgraded their football field. They need funds to build grand stands and press boxes. The stadium seats 1250 people, and approximately 2000-3000 are showing up for games, leaving at least 800 people standing. The estimated costs are $400,000 to build the grand stands and press boxes. There was an occasion where an ambulance had a difficult time getting through the crowd. He asked if the City could consider donating $10,000 per year to their foundation. Mayor Vandergrift said we have already completed the budget for this year, and he doesn't think have $10,000 available for this year. Commissioner Anderson said that the school could apply for the CMA and MVP grant awards during this cycle, which will give them $3000 for this year, if the Commission will waive the deadline date for applications, which was November 30, 2006. He also advised that the Ocoee Bulldogs and the Little League are in need of bleachers, and perhaps Mr. Buckles should consider having everyone work together, including Pop Warner, and raise more money if it is a community-wide effort. Mayor Vandergrift advised that he can come this year to see if we have money left over after the grant cycles, and they can ask for that money without filing an application. Frances Watts, 43 Shell Key Court, said she is stepping down as President of the West Orange Seniors, but she will still be active in the club. She said the club has 110 members, throughout West Orange County. She said they play cards on Tuesdays and Thursdays, do crafting twice a month, hold pot luck dinners on the 3rd Thursday of each month, and take bus trips on a regular basis. She said she has been involved with the Commission meetings for 15 years, and she remembers when Commissioner Anderson's and City Attorney Rosenthal's children were born. City Commission Regular December 5, 2006 She said Commissioner Johnson is her district commissioner and she thinks he is a great man and does a great job. She said is happy to hear the Mayor is retiring, because he has worked very hard for the City for a long time and deserves a break. She said being Grand Marshall in the Christmas Parade this past Saturday was the greatest day of her life. She thanked Jean Grafton for taking her to the beauty salon before the Parade to have her hair and nails done, and she even got a massage. She thanked City employees Cathy Sills and Debbie Gallo for helping her be Grand Marshall in the Christmas Parade. She brought Poinsettia Napkin Holders with candy canes for the Commission and City Clerk, and said the Seniors made them and distributed them throughout several nursing homes. She said Mayor Vandergrift has come to the Senior's meetings every month for 15 years, and he always brings a bucket of ice cream. That's over 150 buckets of ice cream. She said he knows every senior in the room and talks to them all. She said she loves Ocoee and appreciates all of the help she has had with the Seniors Organization and in her personal life and she is very blessed to be part of this wonderful City. Nancy Cox, asked the Commission if they would consider purchasing a full-page ad in the yearbook for the Victory Christian Academy at a cost of $150.00. Commissioner Hood. seconded bv Commissioner Anderson. moved to purchase a full-paae advertisement in the Victory Christian Academv year book in the amount of $150 from the Commission Continaencv Fund. Motion carried 4-0. with Commissioner Johnson absent. I D. COMMISSIONERS ANNOUNCEMENTS Commissioner Hood 1) said this Saturday 6:00 - 8:00 p.m. at Gazebo there will be a tree lighting ceremony with Santa Claus, and Christmas Carols will be sung by the Ocoee Middle School Choir and the Sounds of Sunshine, 2) he thanked the Lions Club for the excellent job they did in the Christmas Parade, 3) advised everyone about Operation Santa, sponsored by the Fire Department, who will be visiting subdivisions throughout the City between December 14 - 22, 2006. Residents can get the schedule from Community Relations or on OGTV Channel 21, 4) said the Ocoee Pop Warner Football team put a hurting on a team from Detroit on Sunday, and they will be playing a team from California tomorrow at 9:00 a.m.; a peewee cheerleading squad will be cheering nearby, 5) judging for Christmas Light Decorations will occur on December 11 and 12, 2006, and applications to enter homes must be received at the Recreation Department by December 8, 2006. Trophies and Gift Cards will be given out and signs will be placed in their yards. The homes will be featured on OGTV. Commissioner Anderson 1) thanked the Lions Club and staff for the great job on the Christmas Parade, and 2) thanked the Commissioner for burning the ear of School Board Member Jim Martin to help get their point across. Commissioner Keller 1) thanked the Lions Club for the great job at the Christmas Parade Mayor Vandergrift 1) attended a dedication for West Orange Artificial Turf; he believes the cost of the turf is approximately $400,000. He said at the event a member of OCPS said that the reason Ocoee did not get more bleachers is because they did not have enough bathrooms, 2) read a notice about a clothing drive "Time to Restock Public Defenders Community Clothes Closet", they will be collecting clothes on Saturday, December 9, 2006 from 9 am-lpm at the courthouse and distributing clothing to the needy, 3) said Nemours Children's Hospital wrote a Page 2 of 12 City Commission Regular December 5, 2006 thank you letter for our resolution of support. 4) said MADD- is having an annual candlelight vigil on December 10, 2006, at East Monte Civic Center in Altamonte Springs. I E. CONSENT AGENDA 1. Approval and Acceptance of the Regular City Commission Minutes of November 7, 2006. (City Clerk Eikenberry) Adopted on Consent. Motion carried 4-0. with Commissioner Johnson absent. 2. Approval of 4-YearLease.-Purchase\of New and ReplacellleIlt Ci & Equipment forFY06/07.(PlltchasingAgent Tolbert) The budget for Fiscal Year 06/07 includes the lease-purchase of new and replacement vehicles and equipment. The Florida Sheriffs Association (FSA) & Florida Association of CountieslFlorida Fire Chiefs Association and other governmental agency bids were reviewed for the best pricing based on factors such as price and options available. Authorization is needed to piggyback the respective contracts for the items. It is the intent of Staff to consolidate the financing for the vehicles and equipment being purchased in order to realize a savings on the interest rate. This lease-purchase agreement is for four (4) years, and is the second of two lease agreements needed to finance the remainder of the budgeted vehicles and equipment. The 4-year financing of $827,387.00 through SunTrust Bank at an interest rate of 4.123%, which will be Schedule No. 11 to the existing Master-Lease Agreement, to close on or before December 30, 2006. The total cost of vehicles purchased with budgeted funds is $110,388.00. Adopted on Consent. Motion carried 4-0. with Commissioner Johnson absent. 3. Approval of OcoeeCr()wnPointPUDProject Change Wheeler) The phase 1 infrastructure for the Ocoee Crown Point PUD project included mast armed "School Zone" signage for the Ocoee High School on Ocoee Crown Point Parkway. This signage was to be in addition to the signage and striping that is already present on Ocoee Crown Point Parkway. The existing warnings include the pole mounted flashing lights and the appropriate striping in the roadway and signage along the road. All of this signage and striping is in accordance with the FDOT and Manual of Uniform Traffic Control Devices (MUTeD) standards. VHB, Inc. over interpreted the standards and included the mast armed "School Zone" signage in the design of the project. FDOT Secretary Denver Stutler, Ir., P.E., issued a policy memorandum on May 3, 2006, titled "Establishing School Zones and School Crossings" for FDOT controlled roads. The policy statement explicitly provides that school speed zones may be established only for "public and private elementary, middle schools (Jr. High), or federally funded Headstart facilities providing a full-time education program" (p. 2, Section 1.1). It is similarly explicit in stating that high schools are not eligible for school speed zones, but are more appropriate for alternative measures, such as pedestrian crossing signs or warning signs for a driveway entrance (p. 2, Section 1.2). Even with these reduced traffic control measures, the policy statement cautions against their indiscriminant use: "Traffic control devices are not normally needed at a high school, but when special circumstances occur, they should be addressed on a case-by-case basis, only used when needed, and justified by an engineering study". This policy memorandum has been applied as a regional practice standard for other roadways and can be viewed as the policy guidance established under Section 316.1895, F.S. The deletion of the mast armed "School Zone" signage will result in decrease of $81,479.00 to the project cost. The final cost for the Phase 1 and 1 b infrastructure Projects will $3,836,443.50. This change order will final the Ocoee Crown point PUD Phase 1 Infrastructure Project. Adopted on Consent. Motion carried 4-0. with Commissioner Johnson absent. Approval of the Purchase.. of the Property at 102 Security Circle. (CityEngineer Wheeler) The City received a Tax Deed Notice from the Orange County Comptroller's Office. The subject property is identified as Security Mobile Home Park Z93 Lots 1 & 2 Blk A, or 102 Security Circle. The notice was for no payment of taxes for the past 8 years and was to be sold a public auction on November 16, 2006, unless the Page 3 of 12 City Commission Regular December 5, 2006 taxes were paid in full by the owners. The amount of the back taxes owed was $3,903.88. The Subject property has been through the Code Enforcement Board for numerous code violations. The property had been liened for the code enforcement actions. The City was in the process of foreclosure on the subject property as a step of the code enforcement issues. City staff reviewed the location of the property in relation to the Community Development Block Grant application submitted in March of this year. The CDBG project is to improve utilities, drainage, and roadways within the area including Mobile Lane, Security Circle, Mac Street, Christine Avenue, Melva Avenue, Lyman Avenue, Charles Street, and Lee Street. The project has been preliminarily approved by Orange County and is awaiting final determination by U.S. Department of Housing and Urban Development. The subject property is located at the intersection of Lakewood Avenue and Security Circle. The City will be needing rights-of-way for road widening and drainage improvements and for sanitary sewer installation. The property fronts on two of the roads in the area proposed to be improved to City standards. The remainder of the property could be used for a lift station site for the construction of City sanitary sewer service in the project area. City staff discussed the possibility of purchasing the property through the Tax Deed Sale process with the City Manager and the Mayor. City staff purchased the property at the public auction on November 16,2006, for the amount of $7,150.00. The cost is justified in relation to legal fees to finalize the code enforcement actions, purchase of rights-of-way, purchase of land for a lift station site, and to assist in cleaning up the area. The City will also be getting some of this money back as payment of the taxes and for some of the liens placed against the property. The Engineering Department recommends that the City Commission approve the purchase of the property located at 102 Security Circle. Adopted on Consent. Motion carried 4-0. with Commissioner Johnson absent. 5. Approval of Windsor LandiIlgs Subdivision Reuse.WaterSystemExtension__Qhange Order N o.lilltbeAIll()1lIltof$4,87 5.00./(Qity Engineer W.heeler) This project consisted of extending the existing reuse water main along Maguire Road approximately 1380 linear feet from Moore Road to the entrance to the Windsor Landings subdivision. The Meadow Ridge Developer, Pulte Homes Corp. installed 12" main for a portion adjacent to the Meadow Ridge Development. The City installed 8" main from Meadow Ridge to the Windsor Landing Subdivision. This project also provided a stub out to the west side of Maguire Road at the Meadow Ridge intersection. This change order is required for an additional 75 feet of 8" pipe installed by directional bore underneath Sagecrest Drive. This work is required to eliminate the need to close Sagecrest Drive for multiple days by boring to the south side of the drive. This will also provide a possible future connection for Orange County should they ever need to extend service south of town. The change order amount will be funded by the 2003 Utility Bond Issue. Adopted on Consent. Motion carried 4-0. with Commissioner Johnson absent. 6. Approval of Special Events Permit.for Boat Regatta on Starke Lake. (Building Official Jones) In order to temporarily close a public street and boat ramp, the approval of the Honorable Mayor and City Commission is required. William Tetro, South Florida Outboard, has made application to the City for a special event permit for a boat regatta that would require the temporary closing of a city owned street, Starke Lake boat ramp, and fishing pier. It would also require the use of the city park, gazebo and community center parking lot. The community center has not been rented and the Recreation Department has been notified of the event. The event will be held on March 15-18,2007. The street to be closed is a portion ofN Lakeshore Drive. Adopted on Consent. Motion carried 4-0. with Commissioner Johnson absent. 7. ApprovaloLSpecial Events Permit for Richfield Neigbborhood.:Blo arty...(Building Official Jones) Ms. Leonarda Richardson of Richfield Subdivision has made application to the City for a Special Events Permit for a Christmas block party that would require the temporary closing of a City owned street. The event will be held on December 16,2006. The street to be closed is Springfield Drive. Staff recommends approval with the following requirements: 1) All residents that will be affected by the road blockage must be notified in advance; 2) Health Central Ambulance must be notified of the road closure in advance; 3) An emergency lane must be maintained at all times; and, 4) Roads must be blocked with proper barricades. Adopted on Consent. Motion carried 4-0. with Commissioner Johnson absent. Page 4 of 12 City Commission Regular December 5, 2006 8. Approval. of SpeciahEveIltsPerrnitfor Ma:rtiJlLlltherI<iing,Jr. .}>arade. {Bllilding ()fficial Jones) Dorcas Dillard, MLK Unity Parade Coordinator, has made application to the City for a special events permit for a parade to celebrate Martin Luther King, Jr. that would require the temporary closing of a city owned street. The event will be held on January 15, 2007. The street to be closed is a portion of Clarke Road. Staff recommends approval with the following requirements: 1) All residents that will be affected by the road blockage must be notified in advance; 2) Health Central Ambulance must be notified of the road closure in advance; 3) An emergency lane must be maintained at all times; and, 4) Roads must be blocked with proper barricades. Adopted on Consent. Motion carried 4-0. with Commissioner Johnson absent. Approval of Purchase of Addition quipm for Police Patrol Vehicle<Equipnient Installation, Inc.asa. ."Bes Source" ill the A ublic Works DirectorKrug) EVEI has proved to be the best choice solution as they are local, they are a one stop shop which includes equipment and graphic installation, warranties all the parts, and provides the exact "standard" equipment needed with no variation. At present it is running approximately 8 weeks to get the required equipment which is why immediate approval of this purchase is necessary. The Budgeted cost in FY 06/07 for the Equipment was $43,500 in the Police Departments Small Equipment line item 001-521-00-5230. A cost proposal has been submitted in the amount of $44, 181.30 a difference from the budgeted amount of $681.30. There are sufficient funds in 001-521-00-5230 to cover this additional cost. Adopted on Consent. Motion carried 4-0. with Commissioner Johnson absent. Consent AgendaYote Commissioner Anderson. seconded bv Commissioner Keller. moved to approve Consent Aaenda Items #1 throuah #9 as presented. Motion carried 4-0. with Commissioner Johnson absent. I F. PUBLIC HEARINGS - None I G. FIRST READINGS 10. ABC FineWin.es& Spirits. (SeniorplannerHowell) Based on the recommendation of the DRC and the Planning & Zoning Commission, Staff respectfully recommends the Mayor and City Commissioners adopt the ordinance to annex 2.35 acres of land known as the ABC Fine Wines & Spirits property, and also adopt the ordinance to rezone the property to C-2 (Community Commercial District). I a. Annexation Ordinance City Attorney Rosenthal read the title of the annexation Ordinance. Mayor Vandergrift announced the 2nd reading of the Ordinance and Public Hearing will take place on December 19, 2006, at 7: 15 p.m. or as soon thereafter as may be heard. Page 5 of 12 City Commission Regular December 5, 2006 I b. Rezoning Ordinance City Attorney Rosenthal read the title of the rezoning Ordinance. Mayor Vandergrift announced the 2nd reading of the Ordinance and Public Hearing will take place on December 19, 2006, at 7: 15 p.m. or as soon thereafter as may be heard. Ll.. Maine Street Parcels-Annexation OrdinaIlce. (Senior:plannerHowell) The owners of the Maine Street Parcels are requesting annexation of the subject properties into the jurisdictional boundary of the City of Ocoee. The subject properties include approximately 33.176 acres of land and are generally located on the northwest comer of Maine Street and Chicago Avenue, South of Tiger Minor Park, and east of Richmond Avenue. The properties are comprised of several residential dwelling units and agricultural uses consisting of citrus groves and associated uses. The property adjoins the Ocoee Cemetery site. Based on DRC and P&Z recommendations, Staff recommends that the Mayor and City Commissioners approve an Ordinance for Annexation of the +/-33.176 acre parcel of land known as the "Maine Street Parcels". City Attorney Rosenthal read the title of the annexation Ordinance for Maine Street Parcels. Mayor Vandergrift announced the 2nd reading of the Ordinance and Public Hearing will take place on December 19, 2006, at 7: 15 p.m. or as soon thereafter as may be heard. 12. Fountains West. (PrincipaIPlanner.Fabre) a. Small Scale Comprehensive Plan Amendment Ordinance The Comprehensive Plan Amendment parcel lies on the east side of Ocoee-Apopka Road approximately 500 feet north of the intersection with West Road. The subject property is approximately 9.9 acres in size and lies directly north of an already designated "Commercial" parcel of land owned by the petitioner. The subject property is currently undeveloped and sparsely covered with a small mixture of sand pine, scrub and laurel oak trees and other varieties of trees scattered around the property. Moreover, most of the property was a former citrus grove that is currently cleared. Based on the recommendation of the Local Planning Agency, Staff recommends that the Mayor and City Commissioners approve the small-scale Comprehensive Plan Amendment Ordinance for Fountains West changing 9.9 acres of "Low Density Residential" Land Use to "Commercial" Land Use, subject to the approval of the Fountains West PUD Land Use Plan. City Attorney Rosenthal read the title of the Comprehensive Plan Amendment Ordinance. Mayor Vandergrift announced the 2nd reading of the Ordinance and Public Hearing will take place on December 19,2006, at 7:15 p.m. or as soon thereafter as may be heard. I b. PUD Rezoning Ordinance/Land Use Plan Fountains West PUD property is located on the northeast comer of the intersection of West Road and Ocoee- Apopka Road. The property encompasses approximately 43.03 acres of land of which approximately 4.73 acres will be designated as wetland/conservation to be dedicated to the City. Additionally as part of the onsite wetland mitigation, 1.1 acre will be dedicated to the City as a Public Trail (Tract G). The subject property is currently undeveloped and sparsely covered with a small mixture of sand pine, scrub and laurel oak trees and other varieties of trees scattered around the property. Moreover, most of the property was a former citrus grove that is now cleared. Based on the recommendation of the Planning & Zoning Commission, Staff recommends that the Mayor and City Commissioners approve the rezoning the property from C-2 "Community Commercial", R-1A "Single-Family Dwelling", and 1-1 "Restricted Manufacturing & Warehousing" to PUD based on the Land Use Plan, as date stamped received by the City on November 21, 2006, and further subject to limiting Lot 3 from the use as a Drive-In restaurant, approval of the Development Agreement and approval of the small-scale Comprehensive Plan Amendment. City Attorney Rosenthal read the title of the rezoning Ordinance. Page 6 of 12 City Commission Regular December 5, 2006 Mayor Vandergrift announced the 2nd reading of the Ordinance and Public Hearing will take place on December 19,2006, at 7:15 p.m. or as soon thereafter as may be heard. He advised that the Public Hearing is the best place to speak, but anyone wishing to address the Commission regarding this item tonight may do so. I H. REGULAR AGENDA 13. Eagles Landing - Final SubdivisiOllPlan. (PrincipalPlanner.Fabr~) The property is located on the west side of Ocoee-Apopka Road approximately 2,000 feet north of the West Road intersection. The property encompasses approximately 46.35 acres of land of which approximately 4.61 acres are designated as wetland/conservation to be dedicated to the City. This conservation area adjoins and connects to a series of other conservation/wetlands already dedicated to the City. The FSP also provides protection for an existing eagle's nest. The subject property is currently undeveloped and is covered with a small variety of trees of which a majority consists of planted pine trees. It should be noted that the applicant intends to harvest the planted pines prior to development. Based on the recommendation of the Planning & Zoning Commission, Staff recommends that the Mayor and City Commissioners approve the Final Subdivision Plan for Eagles Landing Subdivision, as date stamped received by the City on November 27, 2006, subject to resolving the issues specified in the attached City Attorney's memorandum and the Engineering Department comments. Principal Planner Fabre gave a PowerPoint presentation. Randy June, Engineer, addressed the issue of the wall and soil analysis and said they have agreed to pull a separate permit for that wall. Commissioner Anderson asked about parking, fountains in the retention ponds, and recreational facilities. Jay DeCiglia, discussed the additional parking and placement of fountains vs. aeration in wet retention ponds. City Attorney Rosenthal said approximately three years ago the Commission approved that Eagles Landing could be part of Westyn Bay and would not need additional meeting rooms or recreational facilities. Sylvia C. McCook Land Entitlement Manager with MI Homes, said that they typically place fountains in wet retention ponds, and if that is a condition of approval, it can be done at Eagles Landing. Mayor Vandergrift added that trees or something that looks nicer should be considered in the dry ponds as well. City Attorney Rosenthal said a key part of this is that it provides additional access to Westyn Bay Mavor Vanderarift. seconded bv Commissioner Hood moved to approve the Final Subdivision Plan as recommended bv staff with conditions that the approval is subiect to resolvina the issues in the City Attornev's memo and the enaineerina comments that there would need to be a separate wall permit issued prior to construction of the wall and that the phasina of the proiect would be desianed so that it allows Phase 1 of Westvn Bav Road to move forward without delav; and includina the additional condition of the Commission that a fountain be placed in the wet retention pond. Motion carried 4-0. with Commissioner Johnson absent. 14. WestynBay, Phases4 &5.... FinalSubdivisj()1l Plan. (PrinCipaHplanner Fabre) Westyn Bay Phase 4 & 5 subdivision is a continuation of the previously approved Westyn Bay (FKA: AvantilWest Groves) residential subdivision. Westyn Bay Phase 4 & 5 is generally located between Ocoee- Apopka Road and Westyn Bay Boulevard. The development includes approximately 31.3 acres of which approximately 8.6 acres are designated as wetland/conservation to be dedicated to the City. This conservation area adjoins and connects to a series of other conservation areas already dedicated to the City. Page 7 of 12 City Commission Regular December 5, 2006 The subject property is currently undeveloped and is partially covered with a variety of trees. Based on the recommendation of the Planning & Zoning Commission, Staff recommends that the Mayor and City Commissioners approve the Final Subdivision Plan for Westyn Bay Phase 4 & 5, as date stamped received by the City on November 7, 2006. Principal Planner Fabre gave a PowerPoint presentation and advised that some of this project relates to Eagles Landing as previously discussed. Commissioner Anderson, said we would like fountains in the retention pond. Jay DeCiglia said it would not be consistent with the rest of the Westyn Bay's wet retention ponds, and it will only be visible to parking lots. He felt it would be better to provide aeration to keep stagnant water moving. Mr. DeCiglia said current ponds are not aerated and do not have fountains, they have a company that sprays for algae growth. Commissioner Anderson asked how they control the mosquito breeding problems. Mr. DeCiglia said mosquitoes breed more in mud flats than standing water. He said if they are going to be forced to do something, they would rather aerate the retention ponds than place fountains in them because fountains do not reduce the algae growth. He said they can place fountain in south side retention pond of Westyn Bay because it is visible, but will aerate the other pond on the north end that faces the parking lot. Mavor Vanderarift. seconded bv Commissioner Hood moved to approve the Final Subdivision Plan as recommended bv staff with additional condition from the Commission that a fountain will be placed in the wet retention pond on the south end that will be visible from the road, and aeration is placed in the north retention pond. Motion carried 4-0. with Commissioner Johnson absent. 15. Key Isle, Phase 2 - Final Site Plan. {Principal Planner Fabre) Key Isle Apartments Phase 2 Site Plan is the final phase of the existing Key Isle Apartments located on the south side of Bridge Creek Boulevard and east of Maguire Road. Key Isle Apartments Phase 2 is located on the south side of the existing Key Isle Apartments and on the north side of Moore Road approximately 800 feet east from the intersection with Maguire Road. The subject property is currently undeveloped and sparsely covered with a mixture of cherry trees, oak trees and other varieties of trees. Based on the recommendation of the Planning & Zoning Commission, Staff recommends that the Mayor and City Commissioners approve the Final Site Plan for Key Isle Apartments Phase 2, as date stamped received by the City on November 27, 2006, subject to resolving the issues specified on the City Attorney's memorandum and the Engineering Department comments. Principal Planner Fabre gave a presentation and overview of the project. Bob Ferdine, one of the owners of Key Isle, said the gate entry on Moore Road will match the entry on Maguire so it won't appear to be two distinct phases. Commissioner Keller asked about the sanitary system and Mr. Ferdine explained city couldn't fix things on private property, but PUD documents allow the owner right to repair. The Indemnity agreement says owners are the responsible party for the system and not the commercial or residential people. City Attorney Rosenthal said this is one of the oldest PUD's in the City and 15 years have passed, and they provided a memo to engineering that they are comfortable with and that the documents work and have the basics in it. It may not be exactly as we want it, but it does function. He further stated to protect the City they have added an additional condition of approval that asks two things: 1) there will be an Indemnification from Key Isle Phase II that Page 8 of 12 City Commission Regular December 5, 2006 will hold the City harmless and 2) following the approval of this project the City will be proactive and send a letter to the multiple owners, Cross Creek Subdivision HOA, Phase 1 and 2 Commercial (Phase 2/Unicore), and Phase 1 and 2 of Key Isle. The letter will show all the documents and outline their responsibilities and proportionate share agreements on maintenance, and suggest maintenance that should have been taking place already, so everyone will be put on notice before they are under construction and connected. Attorneys on both sides are satisfied that the legal documentation is sufficient. City Attorney Rosenthal said the other issue is that this was originally approved as a single apartment project with a contemplation of a single ownership. The property was split ownership-wise between Phase 1 and 2, and there were some documents done in connection with that which the City did not review at that time because there were no approvals required from the City. After reviewing the document last week, he sent out comments yesterday on an amended and restated version of that document. The basics are all there, but he said they are still in the process of modifying it to ensure that it continues to function as originally approved by the Commission, so there will be a seamless interaction with use of recreation and other facilities between Phase 1 and 2. He said, in addition to staff recommendation in the agenda packet, the approval of the FSP should be subject to the execution and recording of an Indemnity Agreement in favor of the City and a Reciprocal Easement Agreement between Phase 1 and 2 of the apartment project in a form acceptable to the City Engineer and the City Attorney. Mavor Vanderarift. seconded bv Commissioner Keller. moved to approve the Final Site Plan as recommended bv staff. and subiect to the execution and recordinQ of an Indemnitv Aareement in favor of the City and a Reciprocal Easement Aareement between Phase 1 and 2 of the apartment proiect in a form acceptable to the City Enaineer and the City Attornev. Motion carried 4-0. with Commissioner Johnson absent. 16. Founder's Day 2006 FiIlanciallleport.(Parks and RecreatioIlDirectorlIayes) Founder's Day 2006 was held on October 20th and 21st and was once again a huge success. The total amount of revenue received as of this date for Founder's Day is $143,177.79 and another $5,150.00 is anticipated to be received. Revenues include sponsorships, proceeds from vendors, merchandize sales, donations, beverage proceeds, and event proceeds. There as a total amount of $146,562.34 in expenses, which include costs for entertainment, fireworks, employee overtime, golf tournament, 5K RunlWalk, and publicity. There is an anticipated surplus of funds totaling $1,801.39 after the anticipated revenues have been received. Staff requested this item is postponed until the December 19, 2006 meeting. Page 9 of 12 City Commission Regular December 5, 2006 Establishment of Districting Commission. (City Clerk Eikenberry) This item was moved up on the agenda and heard after Item #12. Nominations were made as follows: Commissioner Hood - nominated Matt Garland Commissioner Johnson - nominated Rosemarie Morganto Commissioner Anderson - nominated Jean Grafton Commissioner Keller - nominated Dan Blankenship Mayor Vandergrift - nominated Rob McKey Mavor Vanderarift. seconded bv Commissioner Anderson. moved to accept all nominations and appoint Matt Garland. Rosemarie Moraanto. Jean Grafton. Dan Blankenship and Rob McKev to the Districtina Commission. Motion carried 4-0. with Commissioner Johnson absent. 18. Discussion of January 2, 2006, Commission Meeting. (City Clerk Eikenberry) Mavor Vanderarift seconded bv Commissioner Keller. moved cancel the reaular Commission Meetina on January 2. 2006. due to the holidav schedule. Motion carried 4-0. with Commissioner Johnson absent. I I. STAFF REPORTS City Manager Frank said he will be at League of Cities meeting for rest of the week. Lakeshore Drive Update - Public Works Director Krug Public Works Director Krug advised we have two phases, Phase 1 is from Oakland to the south, and we will subcontracting concrete work and we will be constructing ourselves; we will have to rent road grading equipment or possibly borrow it from other cities. Regarding Phase 2, between City Hall and Starke Lake, which also includes the regional stormwater retention pond on north side of City Hall, PEC, the design consultant, should have 90 % plans for review in January. We should see full construction plans ready by mid-summer. Lady Avenue Update - Public Works Director Krug Public Works Director Krug advised we had a discrepancy with the contractor regarding some items not being done according to the plans, which is being redone at their expense beginning this Thursday. Next week we should begin the brick work, and hopefully have it completed by the mid January. We are presently looking at trees that will work in the narrow medians and hopefully be resistant to vandalism. Mayor Vandergrift asked about liability issue with large tree in median damaging vehicles? Mr. Krug said they are looking into the liability issue, it is a residential zone and the speed limit is 25 mph, so we should be okay. Page 10 of 12 City Commission Regular December 5, 2006 I J. COMMENTS FROM COMMISSIONERS Commissioner Hood 1) asked about the fence around the Jamela site. City Manager. Frank said the estimate for white vinyl fencing was approximately $10,000, but they are still discussing other options because that is too expensive for a temporary situation. Commissioner Hood said we should consider a Passive Park with swings and get funding from recreation. City Manager Frank said he thinks that would be better; what we have looked at so far are options for temporary fencing, but the money would be better spent if we did something more permanent. He said if that is Commission's direction, we will look into a recreational area. Consensus of the Commission was to have staff brina back options for creatina a park area with sod. etc. and brina cost estimates back to the January 16. 2006 meetina. 2) asked about the Parks Master Plan. City Manager Frank said they are working on a plan that is three-tiered for immediate, near future, and distant future improvements and tie into the recently purchased Roger's property and Crown Point Property. The three tiers would allow us to use funds budgeted this year for areas that need to be expedited such as the fencing and parking area at Russell Park. We will have to do an RFP for some phases. Mayor Vandergrift said he is not sure that should be tied to a Master Plan, any Master Plan should have community input. Commissioner Hood said they are doing very well involving the Community through the three major youth organizations and the Recreation Advisory Board. Commissioner Anderson - 1) said this Saturday 6:00 - 8:00 p.m. at Gazebo there will be a tree lighting ceremony with Santa Claus, and Christmas Carols will be sung by the Ocoee Middle School Choir and the Sounds of Sunshine, 2) reminded everyone judging for Christmas Light Decorations will occur on December 11 and 12, 2006, and applications to enter homes must be received at the Recreation Department by December 8, 2006. Commissioner Keller 1) asked Deputy Chief Goclon to look into the passing issue on Clarke Road between AD Mims and Clarcona Ocoee, and he would like to have engineers look at the possibility of raising the speed limit that slows from 45 mph to 35 mph when it hits that area. 2) thanked the West Orange Girls Choir for their performance tonight, 3) thanked the Lion's club for their great work on the Christmas Parade, 4) said the Ocoee High School Dance performance will be December 11 and 12,2006, at Ocoee High School. Frances Watts asked if their will be a bus going around to show Seniors who want to see the Christmas lights that the City will be judging. Commissioner Anderson. seconded bv Mavor Vanderarift moved to approve a City bus trip for the Seniors on the Christmas Decorations that are beina iudaed bv the Parks and Recreation Board. Motion carried 4-0. with Commissioner Johnson absent. Mayor Vandergrift asked Commissioner Keller for a report on the Orange County School Board Meeting that he attended last night. Commissioner Keller said he attended the Orange County School board Meeting and he had five minutes get his point across regarding the City's desire to keep the section from McCormick Road down to Hackney Prairie at Ocoee High School. He said they discussed three options: 1) to keep their word and not move any Ocoee residents out of Ocoee High School, to which they said they did not remember ever saying that, 2) to keep that section in, but reduce the number of student transfers, or 3) add another wing to Ocoee High School, similar to what they did at Page 11 of 12 City Commission Regular December 5, 2006 Olympia, which would add capacity for 600 more students. The Board reiterated its desire to stick with the same plan which takes a piece of Evans, Edgewater, Ocoee, and Apopka and places it into the new relief school. The upcoming Public Hearing will be the final chance to see if we can change their mind, otherwise, we can continue to look into Charter Schools and other options. Commissioner Anderson said the OSPS Board Member Martin said the original minutes should reflect that it was always planned as an Evan's Relief School, but he could not find anything in the 2004 minutes stating that at all. Commissioner Hood said he agrees that this is just the first step in an attempt to get rid of an "F" school, once students from Evans are moved to the Ninth Grade Center, it will be easy to split the rest of them to Edgewater from the east side of their boundaries, and to Evans from the Ocoee area, and the "F" school is eliminated. Commissioner Keller said Evans was under-crowded but they moved students for no reason; now they can just split the rest of the kids in half between Edgewater the "new" Evans High School. Commissioner Hood said they just purchased land to expand Edgewater, which makes it pretty obvious that they will move boundaries to put more students in Edgewater. He added that he doesn't understand why the Board can't just be honest with them; they always have to guess at what they are really doing. Mayor Vandergrift said we must not give up trying. Commissioner Keller said, in the workshop on January 19, 2007, we will have to discuss options regarding Charter Schools and creating a School District. He said we currently have no influence on them because even if they had the support of Jim Martin from our district, it would still be a 5-1, with the others not having to be concerned about the consequences of ignoring us. Commissioner Hood also said that when discussing Ocoee High School, their policy is that the ideal school should have 2800 students, however, they are adding on to Olympia to house over 3000. Mayor Vandergrift said he spoke to the Board on the wonderment of how they operated. He said the School Board's attorney blamed the Cities for overpopulating the high schools by allowing too much development. He also stated that the Board was making decisions without even knowing the numbers, regarding how many kids would be affected. He said he had to inform them that approximately 250 would be moved from Ocoee neighborhoods; they did not have that figure. Mayor Vandergrift added that it is going to be a tough road ahead, but encouraged the Commission not to give up trying. Mayor Vandergrift I) announced the next Turkey Shoot this Saturday, 2) reminded everyone of the Workshop on December 19,2006, beginning at 6:00 p.m. regarding School Issues, including Charter Schools and creating a School District. , ADJOURNMENT The meeting was adjourned at 9:05 p.m. Attest: APPROVED: City of Ocoee S. Scott Vandergrift, Mayor Beth Eikenberry, City Clerk Page 12 of 12 MINUTES OCOEE CITY COMMISSION December 19, 2006 at 7:15 P.M. REGULAR CITY COMMISSION MEETING [ A. CALL TO ORDER Mayor Vandergrift called the regular session to order at 7:15 p.m. in the Commission Chambers of City Hall. Pastor Phillips gave the Invocation and Commissioner Johnson led the Pledge of Allegiance to the Flag. City Clerk Eikenberry called roll and declared a quorum present. Roll Call: Commissioner Hood, Commissioner Anderson, Mayor Vandergrift, Commissioner Keller (absent), and Commissioner Johnson. Also Present: City Manager Frank, City Attorney Rosenthal, and City Clerk Eikenberry. 7: 1 Vandergrift rece Cha Sols School District. 7:50 P.M. Mayor Vandergrift reconvened the I B. PRESENTATIONS AND PROCLAMATIONS Christmas Light Contest Winners. (Parks and Recreation Director Hayes) Award to Officer Torres for capture of suspects in recent armed robbery. (Police Chief Reffett) Christmas Parade Awards - Ocoee Lion's Club Representative David Wheeler I C. COMMENTS FROM CITIZENS/PUBLIC J ames Fleming, 511 Orange Avenue, asked discussed the City of Ocoee' s travel policy and said it is not much different than other local cities. Travel Policies must allow for networking after the learning sessions. The only think he doesn't agree with is that it does not allow for follow-up reports on what was learned. Martha Lopez Anderson - 2438 Alclobe Circle, Chair ofHRDB Board, gave update the events and speakers for the upcoming Martin Luther King Parade on January 15,2007. Board Member Dorcas Dillard was also present and handed out flyers for the event. R.P. Monacky - asked questions about the National League of Cities conference and said he would like to hear about what they learned. Commissioner Johnson said we will have reports from the two directors after the holidays. Mr. Monacky asked about doing online classes to save taxpayers some money. Mayor Vandergrift explained that the networking, locating grant information, and hands-on viewing of items from vendors are a very integral part of the conference. Commissioner Johnson said that 6000 people attended this conference; many cities brought staff as well as elected officials I D. COMMISSIONERS ANNOUNCEMENTS Commissioner Keller - none Commissioner Johnson - 1) said the Lions Club did a great job with the Ocoee and Winter Garden Christmas Parades, and 2) the Christmas dinner for the needy and seniors was a great event, Gloria did extraordinary work getting funding and prizes for the event. City Commission Regular December 19,2006 Commissioner Anderson 1) announced the rash of vehicle windows broken, possibly shooting bb's from passing vehicles. He asked that residents please keep watch and report any suspicious activity to the police, 2) said Admirals Point didn't get MVP award application in on time, and asked the Commission to consider accepting their application. He advised he spoke to Ms. Wright and there is still money available in the fund. Commissioner Anderson. seconded bv Commissioner Hood. moved to accept the late application from Admiral's Point for the MVP awards. Motion carried 5-0. Commissioner Hood 1) thanked Police and Fire Departments for Operation Santa, it is rewarding to see kids giving toys to Toys for Tots, and he challenged District 4 to give more Toys for Tots, 2) reminded everyone that the MLK Unity Parade is on January 15th, 3) reminded everyone there will be no garbage pick up December 23 and 25,2006, 4) said City Hall will be closed Monday and Tuesday, December 25 and 26, 2006, 4) congratulated the Pop Warner Pee Wee Cheerleaders who took 4th place in the nation at Disney Wide World of Sports, 4) congratulated the Pee Wee Football Team, who had a great season and were 4th in the nation, 5) said there is a PTSA meeting at Ocoee High School on Jan 8, 2007 at 6:00 p.m. Mayor Vandergrift 1) gave a reminder that the Jan 2nd Commission meeting is canceled, 2) wished everyone Happy Holidays. I E. CONSENT AGENDA 1. of the Workshop Minutes for Potential Police Site of July 26, 2006, and ALS Servi 6,2006. (City Clerk Eikenberry) Approved on Consent. motion carried 5-0. 2. Approval to.Expendand/orGrantForfeiture Funds to EIlforcem Related U ses/Cb.arities.<(PoliceChiefReffett) Per Florida State Statutes 932.7055 "...any local law enforcement agency that acquires at least $15,000 pursuant to the Florida Contraband Forfeiture Act within a fiscal year must expend or donate no less than 15 percent of such proceeds for the support or operation of any drug treatment, drug abuse education, drug prevention, crime prevention, safe neighborhood, or school resource officer program(s). Approved on Consent. motion carried 5-0. 3. Approval of School Resource Officer Contract. (PoHceChiefReffett) The Ocoee Police Department provides one (1) DARE officer to four (4) elementary schools, one (1) School Resource Officer to one (1) middle school, and two (2) School Resource Officers to one (1) high school, all of which are located within the city limits of Ocoee. An annual agreement between the City and the School Board of Orange County is required in order for the Police Department to understand its officers' responsibilities and for the City to be reimbursed by the School Board of Orange County for a portion of the officers' salaries. Approved on Consent. motion carried 5-0. 4. Approval of McCormick Woods Phase 1 Plat Approval and Traffic Enforcement Agreement. (City Engineer Wheeler) This plat is for McCormick Woods Phase 1 is 48.72 acres and located on the southwest comer ofIngram Road and McCormick Road, which consists of 103 single family homes with its associated amenities. With all new developments, the city is requiring the traffic enforcement agreement to be placed into effect at the time of platting or prior to the construction of homes. Approved on Consent. motion carried 5-0. Page 2 of 12 City Commission Regular December 19, 2006 C()nsent Agenda Vote; Commissioner Anderson. seconded bv Commissioner Keller. moved to approve Consent Aaenda Items #1 - 4. as presented. Motion carried 5-0. I F. PUBLIC HEARINGS - SECOND READING 5. ABC Fine Wines & Spirits. (Senior Planner Based on the recommendation of the DRC e Pl recommends the Mayor and City Commissione t the 0 ABC Fine Wines & Spirits property, and also a op the ordinance 0 rezone the property to C-2 (Community Commercial District). (Advertised as Public Hearing in the Orlando Sentinel Legal C . led on Thursday, December 7, 2006) I a. Annexation Ordinance City Attorney Rosenthal read the title of the ordinance. Senior Planner Howell gave a presentation and explained the three waivers being requested by the applicant as follows: The first waiver that is being requested is to Section 6.14.C.1 (C) of the Land Development Code. This section of the Land Development Code requires a 10' wide open area around buildings to separate structures from parking areas and to accommodate landscaping. The applicant is requesting a waiver to this section of the Land Development Code to allow a 2' wide open area along the east side of the proposed tenant space adjacent to the proposed ABC store. The smaller open space adjacent to the building will allow more space for the construction of a drive aisle on the subject property. One of the four criteria to justify the City Commission to grant waivers from the criteria of the Land Development Code is if the project provides an offsetting public benefit which is technically sound and measurable. To justify the waiver request, the applicant has provided additional open space along the northern side of the proposed ABC building, and has agreed to donate a section of right-of-way along Bluford Avenue ranging from 30-40.6' in width. The second waiver that is being requested is to Section 6.4 G.6 (H) of the Land Development Code. This requirement of the Land Development Code requires one parking space for each 200 square feet of floor area. Based on the requirements of the Land Development Code, 76 parking spaces would be required to be provided on the property. The applicant is requesting a waiver to this section of the Land Development Code to allow a reduction of the required amount of parking spaces by 2. If granted, the waiver will allow a reduction to 74 parking spaces. One of the four criteria that can be used as justification to allow the City Commission to grant waivers from the criteria of the Land Development Code is if the project provides an offsetting public benefit which is technically sound and measurable. As justification of the waiver request, the applicant has agreed to donate a section of right-of-way along Bluford Avenue ranging from 30-40.6' in width. The third waiver that is being requested is to Section 6.14 C.2 (b) of the Land Development Code. This section of the Land Development Code requires a 25' landscape buffer along public primary roads. There is a provision contained within this section that allows a reduction of this buffer to 15' when deemed appropriate by the City. During the plan review process, the applicant indicated that they would dedicate right-of-way along Bluford Avenue in order to obtain a 15' landscape buffer along the portion of the property that fronts Bluford Avenue. In order to meet water management district permitting criteria, on-site water retention is required to be provided. The layout of the site will only allow the retention areas to be provided in the area of the property adjacent to the proposed Bluford Avenue landscape buffer. Based on this, the applicant is requesting a waiver to Section 6.14 C.2 (b) of the Land Development Code to allow 5' retention pond berms to be provided in the landscape buffer. One of the four criteria that can be used as justification to allow the City Commission to grant waivers from the criteria of the Land Development Code is if the project provides an offsetting public benefit which is technically sound and measurable. As justification of the waiver request, the applicant has agreed to donate a section of right-of-way along Bluford Avenue ranging from 30-40.6' in width. Page 3 of 12 City Commission Regular December 19, 2006 Mayor Pro Tem Anderson opened the Public Hearing. There being no one wishing to speak, Mayor Pro Tem Anderson closed the Public Hearing. Mayor ProTem Anderson asked some questions with regard to the landscaping and landscape buffers and Ross Galbraith of Dyer, Riddle, Mills and Precourt, consultant to ABC Liquors, discussed those issues with them. Community Development Director Wagner explained that if the waiver is granted the landscape buffer and retention pond would overlap and there would not be the full 15 foot landscape buffer. Staff felt that was request was reasonable because we ended up getting more right-of-way than we originally expected and it expanded into their space. Commissioner Keller. seconded bv Commissioner Johnson. moved to approve on second readina. Ordinance No. 2006-020. approvina the annexation of 2.35 acres of land known as the ABC Fine Wines & Spirits property. Motion carried 5-0. The ordinance as adopted on second reading carries the following title: ORDINANCE NO. 2006-020 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 2.355 ACRES LOCATED 575 FEET WEST OF THE STATE ROAD 50 AND STATE ROAD 439 INTERSECTION PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNERS; FINDING SAID ANNEXATION TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN, THE OCOEE CITY CODE, AND THE JOINT PLANNING AREA AGREEMENT; PROVIDING FOR AND AUTHORIZING THE UPDATING OF OFFICIAL CITY MAPS; PROVIDING DIRECTION TO THE CITY CLERK; PROVIDING FOR SEVERABILITY; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR AN EFFECTIVE. I b. Rezoning Ordinance Commissioner Johnson. seconded bv Commissioner Hood. moved to approve on second readina. Ordinance #2006-021. approvina the rezoninQ of the property to C-2 (Communitv Commercial District). Motion carried 4-0. with Mavor Vanderarift awav from the dais. The ordinance as adopted on second reading carries the following title: ORDINANCE NO. 2006-021 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA. CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY A-I. "CITRUS RURAL DISTRICT" TO OCOEE C- 2, "COMMERCIAL," ON CERTAIN REAL PROPERTY CONTAINNG APPROXIMATELY 2.35 ACRES LOCATED 575 FEET WEST OF THE STATE ROAD 50 AND STATE ROAD 439 INTERSECTION PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNERS. 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. Page 4 of 12 City Commission Regular December 19,2006 I c. Annexation and Development Agreement Commissioner Johnson. seconded bv Commissioner approve the Annexation and Development Aareement. with Mavor Vanderarift away from the dais. Keller. moved to Motion carried 4-0. I d. Site Plan Waivers Senior Planner Howell recapped the three waivers being requested. (Listed above) Commissioner Johnson. seconded bv Commissioner Hood. moved to approve the three site plan waivers as presented bv staff. Motion carried 4-0. with Mavor Vanderarift away from the dais. Maifie$treet . Parcels.. ..(Senior Planner Howell) The owners of the Maine Street Parcels are requesting annexation of the subject properties into the jurisdictional boundary of the City of Ocoee. The subject properties include approximately 33.176 acres of land and are generally located on the northwest comer of Maine Street and Chicago Avenue, South of Tiger Minor Park, and east of Richmond Avenue. The properties are comprised of several residential dwelling units and agricultural uses consisting of citrus groves and associated uses. The property adjoins the Ocoee Cemetery site. (Advertised as Public Hearing in the Orlando Sentinel Legal Classified on Thursday, December 7, 2006) I a. Annexation Ordinance City Attorney Rosenthal read the title of the ordinance Senior Planner Howell gave a presentation. Mayor Pro Tem Anderson opened the Public Hearing. There being no one wishing to speak, Mayor Pro Tem Anderson closed the Public Hearing. Commissioner Johnson. seconded bv Commissioner Keller. moved to adopt on second readina. Ordinance No. 2006-022. approvina the Annexation Ordinance. as presented. Motion carried 5-0. Page 5 of 12 City Commission Regular December 19,2006 The ordinance as adopted on second reading carries the following title: ORDINANCE NO. 2006-022 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA. ANNEXING INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE. FLORIDA, CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 33.176 ACRES LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF MAINE STREET AND CHICAGO A VENUE, SOUTH OF TIGER MINOR PARK AND EAST OF RICHMOND A VENUE PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNERS; FINDING SAID ANNEXATION TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN, THE OCOEE CITY CODE, AND THE JOINT PLANNING AREA AGREEMENT; PROVIDING FOR AND AUTHORIZING THE UPDATING OF OFFICIAL CITY MAPS; PROVIDING DIRECTION TO THE CITY CLERK; PROVIDING FOR SEVERABILITY; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR AN EFFECTIVE. b. Annexation Agreement City Attorney Rosenthal explained the revised Annexation Agreement as presented on the dais, which had been revised since the agenda packet was distributed. Commissioner Hood. seconded bv Commissioner Johnson. moved to accept the revised Annexation Aareement. as distributed this evenina. Motion carried 5-0. Fountains West. (Principal Planner Fabre) I a. Small Scale Comprehensive Plan Amendment Ordinance The Comprehensive Plan Amendment parcel lies on the east side of Ocoee-Apopka Road approximately 500 feet north of the intersection with West Road. The subject property is approximately 9.9 acres in size and lies directly north of an already designated "Commercial" parcel of land owned by the petitioner. The subject property is currently undeveloped and sparsely covered with a small mixture of sand pine, scrub and laurel oak trees and other varieties of trees scattered around the property. Moreover, most of the property was a former citrus grove that is currently cleared. Based on the recommendation of the Local Planning Agency, Staff recommends that the Mayor and City Commissioners approve the small-scale Comprehensive Plan Amendment Ordinance for Fountains West changing 9.9 acres of "Low Density Residential" Land Use to "Commercial" Land Use, subject to the approval of the Fountains West PUD Land Use Plan. (Advertised as Public Hearing in the Orlando Sentinel Legal Classified on Thursday, December 7, 2006) City Attorney Rosenthal read the title of the ordinance Principal Planner Fabre gave a presentation. Mayor Vandergrift opened the Public Hearing. There being no one wishing to speak, Mayor Vandergrift closed the Public Hearing. Commissioner Hood. seconded bv Commissioner Anderson. moved to adopt on second readina. Ordinance No. 2006-023. approvina the Small Scale Comprehensive Plan Amendment. Motion carried 5-0. Page 6 of 12 City Commission Regular December 19, 2006 The ordinance as adopted on second reading carries the following title: ORDINANCE NO. 2006-023 AN ORDINANCE OF THE CITY OF OCOEE. FLORIDA AMENDING THE OCOEE COMPREHENSIVE PLAN AS ADOPTED ON SEPTEMBER 18. 1991 BY ORDINANCE NO. 91-28, AS AMENDED; PROVIDING FOR AN AMENDMENT TO THE FUTURE LAND USE MAP OF THE OCOEE COMPREHENSIVE PLAN TO CHANGE THE USE OF LAND FOR AN APPROXIMATELY 9.95 ACRE TRACT OF LAND LOCATED EAST OF AND ADJACENT TO OCOEE-APOPKA ROAD AND APPROXIMATELY 500 FEET NORTH OF THE INTERSECTION OF OCOEE-APOPKA ROAD AND WEST ROAD FROM LOW DENSITY RESIDENTIAL TO COMMERCIAL; PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL CITY FUTURE LAND USE MAP; REPEALING CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. I b. PUD Rezoning Ordinance/Land use Plan Fountains West PUD property is located on the northeast comer of the intersection of West Road and Ocoee- Apopka Road. The property encompasses approximately 43.03 acres ofland of which approximately 4.73 acres will be designated as wetland/conservation to be dedicated to the City. Additionally as part of the onsite wetland mitigation, 1.1 acre will be dedicated to the City as a Public Trail (Tract G). The subject property is currently undeveloped and sparsely covered with a small mixture of sand pine, scrub and laurel oak trees and other varieties of trees scattered around the property. Moreover, most of the property was a former citrus grove that is now cleared. Based on the recommendation of the Planning & ZonIng Commission, Staff recommends that the Mayor and City Commissioners approve the rezoning the property from C-2 "Community Commercial", R-1A "Single-Family Dwelling", and 1-1 "Restricted Manufacturing & Warehousing" to PUD based on the Land Use Plan, as date stamped received by the City on November 21,2006, and further subject to limiting Lot 3 from the use as a Drive-In restaurant, approval of the Development Agreement and approval of the small-scale Comprehensive Plan Amendment. (Advertised as Public Hearing in the Orlando Sentinel Legal Classified on Thursday, December 7, 2006) City Attorney Rosenthal read the title of the ordinance Principal Planner Fabre gave a presentation and said he would like to amend the staff recommendations deleting the northern traffic light from the plans because of traffic noise and fumes that would be created. Mayor Vandergrift asked if the County is going to put in all four lanes. City Engineer Wheeler explained the approval is still in process with the County and it appears favorable that West Road will be four-Ianed from Ocoee Apopka Road to the 429. City Attorney Rosenthal advised that the Developer requested to the Planning and Zoning Commission (P&Z) that a waiver be added that was not in staff recommendation. P&Z denied the additional waiver, but the developer will probably present that request here tonight. City Attorney Rosenthal said he would like to revise the Staff recommendation, the sentence that says approval of Development Agreement, should be "execution by all parties of the Development Agreement along with a Joinder in Consent by W.O.R.Y. Investors LLC", that will ensure it is properly executed by all parties. Mayor Vandergrift opened the Public Hearing. Peter Schwab, resident of the Vineyards, spoke against having a drive thru restaurant that close to his residential neighborhood. Tom Vincent, Halvorsen Development said they agree with all staff comments. This has been in progress for two years, and an extraordinarily complicated project. He said that out parcel 2 is the only lot being requested for the type of use that would allow a drive-thru restaurant. Page 7 of 12 City Commission Regular December 19, 2006 Susan Kurchinski, Area Real Estate Investor for McDonalds, advised that this lot is the only one they will consider to build on because they have invested time and money to make that determination. She gave a video presentation of the upscale McDonalds Prototype being considered for that location. She added that she did not think the drive thru would disturb the residential neighborhood in any manner. Brady Lassard, said that this is a beautiful design for McDonalds, the first of its kind in Central Florida, and McDonalds is willing to make concessions, other than the location, to address the concerns of the Commission. Mayor Vandergrift closed the Public Hearing. There was discussion among the commission against placing a fast-food restaurant on the Lots 1, 2, or 3. Mayor Vandergrift said he would vote in favor of placing the McDonalds on Lot 2. Commissioner Hood. seconded bv Commissioner Anderson. moved to approve on second readina. Ordinance No. 2006-024. approvina the Fountains West PUD rezonina per staff recommendations. includina the deletion of the traffic Iiaht as recommended bv staff and includina the revision to state that the execution bv all parties of the Development Aareement alona with a Joinder and Consents bv W.O.R.Y. Investors LLC as stated bv City Attornev Rosenthal. Motion carried 5-0. The ordinance as adopted on second reading carries the following title: ORDINANCE NO. 2006-024 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA ESTABLISHING OCOEE "PUD" ZONING, PLANNED UNIT DEVELOPMENT DISTRICT, FOR CERTAIN REAL PROPERTY COMPRISING APPROXIMA TEL Y 43.03 ACRES LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF WEST ROAD AND OCOEE-APOPKA ROAD, PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNERS; FINDING SUCH ZONING TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN, THE OCOEE CITY CODE, AND THE JOINT PLANNING AREA AGREEMENT; PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL CITY ZONING MAP; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. **Waivers requested by the applicant to place a drive thru on Lots 1,2, or 3 were not granted. I c. Development Agreement City Attorney Rosenthal said that staff recommends that the Development Agreement be approved with the additional correction that it be revised to say that Lot 3 would be limited from the use as a drive in restaurant, and conforming to the prior approval of the PUD. Commissioner Hood. seconded bv Commissioner Anderson. moved to approve the Development Aareement for Fountains West with the additional correction that it be revised to say that Lot 3 would be limited from the use as a drive in restaurant, and conformina to the prior approval of the PUD. Motion carried 5-0. City Attorney Rosenthal clarified the process for the Development Agreement. Page 8 of 12 City Commission Regular December 19, 2006 REGULAR AGENDA 8. WaivetRequests forl)ynasty Gallery & Collectibles Small-Scale Sit Pl3llnerlIoweU) The proposed Dynasty Gallery and Collectables store is located on the east side of Clarke Road, approximately 1;4 mile north of SR 50/Colonial Drive, adjacent to Sherman's Gifts & Collectibles. The property is currently vacant, zoned C-2 (Community Commercial District), and is approximately 1.29 acres in size. The small-scale site plan proposes the construction of a +/- 12,000 square foot retail facility on the property. In order to proceed with review of the small-scale site plan, the applicant has requested two waivers from the requirements of the Land Development Code. Below is a discussion of the two waivers that are being requested. Senior Planner Howell gave a presentation and explained the two waivers being requested as follows: The first waiver that is being requested is to Section 6.4 G.6 (H) of the Land Development Code. This section of the Land Development Code requires one parking space for each 200 square feet of floor area. In order to comply with this requirement, 63 parking spaces would be required to be provided on site. The applicant is requesting a waiver to allow a reduction to 50 parking spaces. The applicant has requested this waiver due to the fact that 63 parking spaces would be difficult to provide on the property given its size. One of the four criteria to justify the City Commission to grant waivers from the criteria of the Land Development Code is if the project provides an offsetting public benefit which is technically sound and measurable. To justify the waiver request, the applicant has offered to convey a 12' wide strip of property along Clarke Road to the City as future right-of-way for Clarke Road. The second waiver that is being requested is to Section 6.14 (2) ( c) (i) of the Land Development Code. This section of the Land Development Code requires a 10' wide landscape buffer to be provided along all side and rear property lines. The owner of the property to the north is proposing to construct a day-care center. The required 10' wide landscape buffer is required to be provided along this property line. The applicant and neighboring property owner are desirous of having a shared drive aisle in the place where the required landscape buffer is to be placed. During the plan review process, it was conveyed to the applicant that the required landscaping from the buffer would have to be installed elsewhere on the property. The applicant contends that the requisite amount of landscaping cannot be planted elsewhere on the property due to size constraints of the property. One of the four criteria that can be used as justification to allow the City Commission to grant waivers from the criteria of the Land Development Code is if the project provides an offsetting public benefit which is technically sound and measurable. As justification of the waiver request, the applicant has offered to convey a 12' wide strip of property along Clarke Road to the City as future right-of-way for Clarke Road. Commissioner Johnson. seconded bv Commissioner Anderson. moved to approve the waiver requests for Dvnastv Gallery & Collectibles Small-Scale Site Plan. Motion carried 5-0. 9. Founder's Day 2006 Financial Report. (Parks and RecreatioIlDirectotHayes) Founder's Day 2006 was held on October 20th and 2151 and was once again a huge success. The total amount of revenue received as of this date for Founder's Day is $148,327.79. Revenues include sponsorships, proceeds from vendors, merchandise sales, donations, beverage proceeds, and event proceeds. There was a total amount of $146,526.34 in expenses, which include costs for entertainment, fireworks; employee overtime, golf tournament, 5K Run/Walk, and publicity. There is a surplus of funds totaling $1,801.45. Parks and Recreation Director Hayes gave an update on the 2006 Founder's Day Financial Report. Commissioner Hood added that anytime we can put a great event like this that did not Page 9 of 12 City Commission Regular December 19, 2006 cost the tax payers any money, we have done something outstanding. Consensus of the Commission. without obiection. was to accept the 2006 Founder's Dav Financial Report. 10. Emergency Item - Approval of the SJRWMD Water Protection & Sustainability Program's Cost Share Agreement A DMENT #1 for the City's Reuse Water System Expansion (David Wheeler) City Engineer Wheeler advised the SJR WMD is willing to extend the grant agreement until December of next year. Mavor Vanderarift. seconded bv Commissioner Johnson. was to approve of the SJRWMD Water Protection & Sustainabilitv Proaram's Cost Share Aareement AMENDMENT #1 for the City's Reuse Water System Expansion. Motion carried 5- o. I STAFF REPORTS City Manager Frank asked if we could move $200 from Commission Contingency to complete the Christmas Lights on Lakeshore Drive along Starke Lake. Consensus of the Commission. without obiection. was to transfer $200 from Commission Continaencv to cover the costs of the Iiahts. I COMMENTS FROM COMMISSIONERS Commissioner Hood stated 1) the Ocoee High School boys basketball team will be playing in a tournament from the December 19-23 in Kissimmee 2) the girls basketball team is doing very well 3) the boys soccer team will play in a tournament in Leesburg December 27 & 28 4) the girls soccer team is playing in a soccer tournament in Apopka this week and conditioning for baseball and lacrosse is going on now and 5) he wished everyone a safe and happy holidays. Commissioner Anderson 1) wished everyone a Merry Christmas and Happy Hanukah and 2) inquired as to where the Commission is going from here since the workshop discussion regarding schools. Discussion on school issues ensued. He also asked the Commission if there should be another workshop in January. Mayor Vandergrift stated that January is too late. Commissioner Keller stated that due to the fact that Orange County couldn't get the public hearing announcement out in time, the Public Hearing will be on the 23rd and there should be a workshop before that. Commissioner Hood stated that he would hate to see the City lose the students and agrees with Commissioner Johnson that we should try to work with the School Board to adjust lines. Mayor Vandergrift said they had supported us in the past, and then voted differently when it came time to vote. Commissioner Keller stated that he sent emails to the School Board members requesting to meet with them one on one and he has received responses from many of them. He added that he felt the meeting today was productive and can possibly get more productivity from the other members. Commissioner Johnson asked staff, the Mayor, City Manager and Assistant City Manager to sit down with whomever at the School Board to see if they can reapportion the boundary lines to the leave the 250 children where they are. Page 10 of 12 City Commission Regular December 19, 2006 Commissioner Keller said he is in support of a joint work session the week of January 9th. Commissioner Hood agreed. Commissioner Keller stated that School Board Member Karen Ardamen answered his email and he will be sitting down with her soon. Commissioner Hood stated that when the boundaries were drawn for Olympia, there were lines added in and changes made and it was approved without knowing the changes were made. Commissioner Anderson stated that he is interested in the Charter Conversion as a viable option. Commissioner Keller stated that at the legislative luncheon last week, he discussed the City School District and many were open to if the City does the leg work. He added that he thinks getting a 60% citizenry vote will not be a problem once it gets through the Legislature. Commissioner Anderson said he feels that we should move forward on the Charter Conversion concept. Mayor Vandergrift stated that there is a good chance is that a Charter School can pay for itself if it is handled well. Commissioner Anderson stated that he feels that a joint meeting with the School Board is a good idea but they also need to look into Charter Schools and putting the dollars and sense together. Commissioner Keller said we have been doing a lot of talking and he thinks moving forward on the charter school issues is a good idea. Commissioner Anderson asked what staff needed to be directed to do. Mayor Vandergrift said he didn't know, he stated that he was somewhat confused by certain things that were discussed with regard to the TIF district and he would like to get more information. Commissioner Hood said the Mayor is correct, we need to take in what we learned tonight and not direct staff to get involved in something we don't thoroughly understand ourselves. Commissioner Anderson suggested finding a consultant to discuss Charter Schools and gather more information, particularly on the dollars and sense Issues. Commissioner Anderson stated that he would like to invite State Rep. Atkinsson back to look at Charters or the Charter Conversion with more specifics. We need to give him specific things to discuss. Mayor Vandergrift asked if anyone can look back at what they did in Lake Whales because the school system will work against you so the more knowledge the better. Commissioner Keller stated that he would go look at Lake Wales to look into their system. Commissioner Anderson_asked if they should direct staff to cooperate in setting up another meeting with Mr. Attkisson. Mayor Vandergrift said we will just direct staff to help Commissioner Keller in any way they can. Consensus of the Commission. without objection. was that Commissioner Keller would QO to Lake Wales to look into their Charter System and report back to the Commission. COMMENTS FROM COMMISSIONERS - RESUMED. Commissioner Johnson 1) said Rose Morganto has been dealing with Progress Energy regarding the street lights and they advised her that the Christmas lights are not properly installed which is why they go out all the time; have staff look into that. 2) wished everyone a Merry Christmas. Mayor Vandergrift stated 1) this was a long meeting and he appreciates everyone hanging in there 2) he wished everyone a Happy Holidays 3) the January 20 meeting is cancelled and the State of the City Address will be given at the January 16, 2007 meeting. Page 11 of 12 City Commission Regular December 19,2006 I ADJOURNMENT The meeting was adjourned at 11:12 p.m. Attest: APPROVED: City of Ocoee Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor Page 12 of 12 MINUTES OF CITY COMMISSION WORKSESSION ON SCHOOL ISSUES Held on December 19, 2006 The work session was called to order by Mayor Vandergrift at 6:05 p.m. in the Commission Chambers of City Hall, located at 150 N. Lakeshore Drive. Mayor Vandergrift stated this was a work session on schools and he recognized two members from the audience; Mack H. McLaughlin, the City of Winter Garden's and Liaison to the Orange County School system; and Andrew Ducandis, the Senior Director of Planning and Government Relations at OCPS. He thanked them for their attendance. Roll Call: Mayor Vandergrift, Commissioner Hood, Commissioner Anderson, Commissioner Johnson, and Commissioner Keller. Also present was City Attorney Rosenthal, City Manager Frank, and City Clerk Eikenberry. Guests Speaker: State Representative Frank Attkisson Mayor Vandergrift introduced Representative Frank Attkisson as a former Kissimmee Mayor and a charter school guru in Osceola County. He said he has had many nice encounters with him over the years on charter schools and ways to improve the school system. Rep. Frank Attkisson gave a power point presentation and began with history of when he was Mayor and the interest he first had in charter schools. He said he first attended the Florida League of Cities in 1997, whereas there was a discussion of Pembroke Pines doing a charter school. He said they addressed the issues in 1996-1998 because they felt that Broward County School Board had not provided enough schools in their city; therefore, they were in more of a confrontational mode. Kissimmee, however, did something different; they felt they should join the school board in solving their issues by consolidating their assets. He said he was elected in 2000 and placed in Education Innovation and will probably spend his entire eight-year term there. Rep. Frank Attkisson said he was happy to be in Ocoee to help them with ideas and options. He listed the educational options: (1) home school, (2) private school, (3) charter school, and -(4) district school. He said there were close to 250 charter schools currently in the state of Florida. He said when they built the charter school in Kissimmee, they first went to the school board and applied for a charter by the city and hired a consultant. The consultant (EMO) worked with them and the local school district approved the charter. In 1999 the state provided charter capital, with a unique funding mechanism that only lasted about 2 years. That has since changed. Rep. Frank Attkisson said they have passed a new law and the charter capital is gone. Now the incentive is how you can get creative in building the facilities comparative to how you go to the state to get more dollars. The current model is that charters are issued by the legislative local school district; however, this past year they created an option for the Florida Schools of Excellence Commission. The idea/concept behind that is a multiple authorizer issue to create some competition. The negative standpoint that some City Commission Work session on Schools December 19,2006 might have is they go into their local district and ask to do something unique and different. The Florida Schools of Excellence Commission (F.S.E.C.) will be authorized to issue state-wide charter authorizing capability. Rep. Frank Attkisson said the other difference is there are no state funds provided for these facilities, which is the hitch on all of this. They have a different methodology now in that rather than going to your school district to apply for a charter, you will soon be able to go to the F.S.E.C. and it should be available by August. Rep. Frank Attkisson continued stating the law was typically silent in the role of the municipality in education. However, the intent states "new sources of community support in the form of municipalities with knowledge of the unique needs of a particular community should be authorized to participate in developing and supporting charter schools that maximize access to a wide variety of high quality educational options for all students." He shared that this year they recognized that Ocoee City Council understands Ocoee and its educational needs. He stated that one way that school districts run schools is by their tax dollars, and they have been creating school impact fees. He explained the potential of impact fees and the unique things you could do with those, especially TIF financing. He said that impact fees are recommended by the School Board to the County Commission and are not set by the school district. The Legislature, under this particular statute, gave the power to the people who levy the impact fee (the County or City) to direct where they go. He said you do not always have to send that to the school district. He explained an example of this using the City of Palm Bay. Rep. Frank Attkisson continued by stating he understood that Ocoee has not set an impact fee, but set an interlocal development where they collect an impact fee on an ordinance set by the county. If they were to choose to enact this, his perception is that they would have to get out of the collection agreement with Orange County and then set their own impact fee. As they collect it they would then have this to apply if they chose to give it to another entity to build a charter school. He said this was strenuous to do politically; however, the law is on your side to do that. Rep. Frank Attkisson went on to explain another option, which is to do it your way and not the School District's way. He said this is cooperation centered; the idea for an E.F.B.D. (Educational Facility Benefit District) is for all involved to sit around with equal footing. The School Board has a need to provide student stations, the local government is looking to assist in the development of educational options for parents in their community, and property owners are looking to resolve the issue so they can get permission to build. It requires everybody to agree on the plan and nobody to be forced into it. He further explained the details of how that option works as a tri-party agreement. Rep. Frank Attkisson said that under this law, the impact fees and assessments would stay right here and have to be spent on facilities in this area. He said one unique part of it is that whoever is in the E.F.B.D. area has a specific benefit in that they now own the 2 City Commission Work session on Schools December 19,2006 school, not the school district. What they found with the first E.F.B.D. developed in Kissimmee is that the community is now using the school for meetings, because they built that district school and that area has the right to meet there. Another benefit the E.F.B.D. has in paying that assessment, is that they have the "right of first refusal" to have their meetings there. Because they pay that assessment, they get another specific benefit that anybody who owns a piece of property that has another individual who resides there has a "right of first refusal". In other words, anybody who purchases one of the homes in the E.F.B.D. area picks up on that benefit, which makes for a good selling point as well. Rep. Frank Attkisson explained that one large developmental area can reestablish a school and pick up on those additional assessments after extensive planning. He explained the differences between a C.D.D. (Community Development District) and E.F.B.D. For the most part, those are both tools that Ocoee could be looking into. He sees two unique options that a municipality did not have six months ago: (1) you can become an authorizer via the Florida Schools of Excellence, (2) you can partnership with C.D.D.'s and apply the rules of the law in certain areas. He then opened the floor for questions. Mayor Vandergrift inquired if the City can vote to do the whole City has an E.F.B.D. Rep. Frank Attkisson said the property owner has to be the 100% voter on that since it is a property assessment. However, you can get a developer coming in or a series of developers coming in to do it. Commissioner Keller asked about reducing the size of the County School District by having a City school district. He said they seem to lose the ability of the citizenry to hold the School Board accountable; we only vote for one of the seven School Board members. He said the issue they have is that because of that they seem to have lost the community urgency and asked what would be involved in reducing the school district. Rep. Frank Attkisson said that question comes up every few years and it is embedded in the State Constitution. It says that we are going to have 67 districts, but if you take it purely there is no room for the School of the Deaf and Blind in St. Augustine. Luckily, they have not been challenged on that. With that said, philosophically he agrees and thinks that some school districts become too big and bureaucratic. Legislative discussions have been had about this, but nothing has been dealt with yet. It is tough to decide how to divide those. He gave an example of the City of Lake Wales, who went out and asked their citizens to convert seven of their charter schools. That means that they took the public school, asked parents and teachers of their willingness to convert, and took over those schools with that vote. A charter conversion is a public school that is no longer managed by the school district, but by the community. Rep. Attkisson said that Polk is not a charter county; however, that would not make a difference. Rep. Attkisson said that Pembroke Pines built one school in 1998 and now they have seven charter schools that are successful. He said their initiative right now is to convert the rest of the schools in their city to charters. However, the remaining district schools 3 City Commission Work session on Schools December 19,2006 are "A" schools so they have the need to provide a good reason as to why those should be converted to charters. He suggested that if they have the political will to do that in Ocoee, it will take time and could happen. Commissioner Keller inquired if Ocoee could do something like Polk County did and what if Orange County turned them down. Rep. Attkisson believed that Polk County did turn them down and they took it to appeals and won. He said he was unsure of the details, but the appeals are handled by the Florida Schools of Excellence Commission. He emphasized that you have to go in with a plan and show a benefit of your idea and what makes it different and unique; why is it necessary? Commissioner Anderson asked who was funding the debt of the schools once it is turned over to charter. He said that Ocoee would like to charter certain schools in this area and if done, would the school board still fund those. Rep. Attkisson said if Ocoee has some below grade schools that it would like to concentrate on, it has the ability to put together and work with a non-profit group to come in and manage those schools. In response to who would pay the debt if conversion is approved, he said that since it is a public school today the district taxes used, Ocoee gets hit with nothing. For instance, the management of Lake Wales' schools is being issued FTE dollars from Tallahassee to spend operationally, but do not pay for any capital costs. He said there is a difference between a new charter and a conversion charter. Rep. Attkisson declared that if Ocoee wants to do something like this it needs to be a strong political interest, not a 3-2 vote. Mayor Vandergrift asked how the income from the School District is broken down and distributed. Rep. Attkisson gave the rough numbers for this year, including formulas and various funding issues. Commissioner Anderson inquired about attempting some charter conversions, how to they maintain their sense of community. Rep. Attkisson told him it is a way of showing future residents that the City cares about the education of their children, and that is a benefit. He then defended the School Board's side of that equation in that they have to be concerned about the education of all of the children in Orange County, they may not approve a school that "only" Ocoee children could attend. The City may consider going to the School Board and bring money to the table and discuss conditions and zoning issues in the context of "sense of community." There is a methodology under the Charter School Law that gives preference to children in the area of the school. He would need to look further into that for more details. Carnival Cruise Line created a Charter School where the employees had the right of first refusal. He said you cannot create the perfect fence around your community, but there are ways to place some boundaries. Mayor Vandergrift read a question from Mack McLaughlin of Winter Garden asking, with all the issues throughout the County, how can we get focus on West Orange County? Mr. Attkisson said that you put diversity of opinions aside and to come together with a strong political will. He said a City has to come together and be the leader, by gathering up their resources; developers coming in wanting to access the benefits of a community; looking at the benefits of CDD and EFBD; and in-kind donations in some fashion. If you 4 City Commission Work session on Schools December 19, 2006 put that kind of package together and take it to the County School Board with long-term solutions, saying you want the impact fees, but may be able to give them an assessment or some City dollars to build schools, they are going to work in cooperation with you. If the School Board has ten schools to build, they are going to assist a City that offers a good package of resources and solutions. You need to develop a strong political will within your community. Commissioner Keller said we have done that in the past, with Ocoee High School for example, getting them in here at a reasonable price for the property, etc. Now the issue is the rezoning, and how they are pushing some of the kids out, with concerns of more rezoning in the next few years. This is one of the reasons for wanting our own school district. Commissioner Keller said he heard State legislature is looking at splitting larger districts such as Orange County into smaller districts and this seems like a good time to allow cities to be involved in taking their own districts within their boundaries. Rep. Attkisson said if we could get a vote for it, he would vote for it. Changing the Constitution would require a 60 percent vote, and get it through legislature, which would be rather difficult. He said he thinks it would be easier to do something like Pembroke Pines or Lake Whales, not with the absolute authority, but the applied authority-which is your parents and teachers-that they want you to operate it. That will take some time to build. Mayor Vandergrift said he would soon have to recess the workshop shortly to begin the normal Commission meeting and then he would reconvene the workshop so they could finish and discuss the zoning issues. Mayor Vandergrift asked if anyone had questions or comments regarding the charter schools. R.P. Monacky, 1820 Prairie Lake Blvd., said that School Board Member Martin was not giving a verbal agreement when he spoke with the resident, he was just giving his opmlOn. Jim McCarthy said he is a new resident and he has been watching the Commission on TV. He spoke to the Commission 6 or 7 years ago with two people doing a presentation on Charter schools and it did not go very well. He has now moved to Ocoee, and has had experience assisting other Cities, including Pembroke Pines. He has assisted several cities with Charter Schools, but not Charter Conversions. He was a pioneer in this concept back in 1999, but has since drifted away and needs to get back in the learning curve. Mr. McCarthy also said he was happy to hear Commission talking about a sense of community instead of just zoning issues. That is what is needed to form a Charter School. He said the City of Pembroke Pines has no interest in being a Charter District, they are a Charter School System. He offered to help the City in any way he can. Mayor Vandergrift said they will be calling on him. 5 City Commission Work session on Schools December 19,2006 Mayor Vandergrift introduced Debra Booth, Chair of the Ocoee School Advisory Board, and other members of the board were present. Mayor Vandergrift gave Rep. Attkisson an I LOVE OCEE button and a key to the City, and thanked him for being here. Rep. Attkisson said he respects their position as Commissioners; it is a tough job because you have to answer to the residents one-on-one when you are out in the community. The meeting was recessed at 7:15 p.m. to begin the regular City Commission Meeting. The workshop reconvened at 7:18 p.m. to discuss the rezoning issues. Mayor Vandergrift recognized Sandy Simpson of Orange County Public School System in the audience, and asked the audience if anyone had any questions or comments regarding the rezoning of Ocoee High School Students to the Apopka Relief School. He said he doesn't think that notice went out to the public on time to get feedback. He said spoke to an attorney who thinks we have a case, should we need to go that way. He begun setting up a Legal Defense Fund in case it is necessary, and we need to discuss where we stand on that issue. He said they would like the boundaries to be changed which would give them the same number of students going to the relief school, without moving the kids from Ocoee. Mayor Vandergrift said Ocoee High can handle 3000 without portables, and today has 3200 with 22 portables. If the school were reduced by 450-490 kids from South Apopka that should not have been sent to Ocoee in the first place, by sending them to Apopka Relief school, and other boundary line changes could keep in 250 kids at Ocoee, which would make in 2900-3000, which would not over-crowd the school. The community could live with that. Commissioner Keller said he went to the School Board work session and expressed that we want to keep kids inside of the City of Ocoee. He knows the main concerns are about those moving to Apopka, and then again to Evans when it opens. He would like to see the move for those 250 students be placed on hold. Originally, the unofficial word was that the line was ending at McCormick Road. School Board Member Martin also assured an Ocoee resident that there was no need to worry or relocate, that none of the kids will be moved anywhere. He believes Mr. Martin made a verbal agreement on the School Board's behalf. He said we should take 250 kids out of original the Apopka School and put them in the relief school, so as the growth continues to occur in Apopka there will be room for new kids in the Apopka School. He said it is an Apopka Relief School, leave Ocoee out of the equation. Commissioner Hood said his concern is the School Board was not quick enough to give out numbers regarding the student population of subdivisions, which should also include potential growth. 6 City Commission Work session on Schools December 19, 2006 They are spending alot of money on Edgewater project, with shopping center purchase, and moving Evans High School; and without a doubt they will move the boundaries for Evans into Ocoee even though they are saying "it is not planned at this time." Commissioner Hood said there are 3200 students at Olympia and at Ocoee High School. They are spending money to expand Olympia, so there is no reason they can't they expand Ocoee High School. There is a bigger picture here, and the school board is not being consistent with the Olympia situation. They want Ocoee to stay at 2700 students, but Olympia is okay with 3200. The 10 million in renovations will allow even more than 3200 at Olympia. If they pushed out boundaries for Evans, that would drop population at Olympia and raise the population at Evans, which is logical, but that won't ever happen. We should consider fixes suggested by Rep. Atkisson to add a wing to Ocoee High School, and work with the school board. There is no reason it is not feasible in Ocoee. We need a quick fix right now and Charter Schools do not represent a quick fix. Sawmill and other subdivisions have been there for 20 years, and having kids ripped away from their community schools and extra-curricular activities adversely affecting many of the kids. We needed numbers of how many kids would be moved prior to this and we didn't have them. School Board Commissioner Cadle asked for numbers before final zonings decisions were made, and now we finally have them. There is no reason boundaries can't be moved to avoid moving those 250 students. Also, School Board Meetings are 4:30 p.m. people are unable to attend. The School Board should make themselves more accessible to the people they are affecting. No decision has been made yet and we need everyone to get involved. Mayor Vandergrift said the rezoning has been advertised for Public Hearing, he can't remember them ever changing anything that got to this point, because it would require readvertising for another Public Hearing. Commissioner Hood said we also have to consider that we want to keep a good relationship with the School Board. There are new schools coming in 2008; Hackney Prairie elementary school, the Ingram Road middle school, and an elementary school in Arden Park we are trying to get. Right now there are over 35 portables at Clarcona Ocoee Elementary now taking up three quarters of the playground area. The School Board is coming around, they are giving assistance to Olympia High School, and they can do it for Ocoee. A new wing would take care of the 250 kids, and some future growth. Commissioner Johnson said, as a City we need to sit down with the County and do a joint workshop before we create a bad environment and spend a lot of money on attorneys. Charter Schools are a costly thing, and he said he would rather look at other options as a joint venture and try to come to some arrangement before we move forward on our own. IN the past we have tried to work with the County by selling land to them at reasonable costs. He said we need to try to work together before we move forward. Mack McLaughlin, speaking officially on behalf of the City of Winter Garden, said they are interested in working with Ocoee, particularly if they choose Charter Conversions. He said the City would like to be kept in the loop on that issue. He also said there was a small rezoning done at last school board meeting with regard to Coventry Park in Winter Garden. Currently half the neighborhood is zoned for Lakeview and half to Ocoee Middle. The neighborhood is not built yet. He wants to go on record again stating that 7 City Commission Work session on Schools December 19,2006 the Winter Garden kids should stay at Lake View and then fall to West Orange which is now under-capacity. This would keep them out of Ocoee High School to bring relief to Ocoee High School. Sandy Simpson of Orange County Public School System said the advertised option is that half of the kids would go to Ocoee. Mayor Vandergrift closed by saying Evans will be built in 2009 on the border of the Ocoee School boundaries and the Apopka Relief School rezoning will take place in August of 2007. He will be happy to sit down with anyone wishing to discuss these issues. He said we need to deal with these issues in a straight-forward manner, not by having an elected School Board Member tell us he is not in favor of the Evans move, and then have the vote pass unanimously. It is costing the county residents 50 million dollars. They are trying to solve an education problem; it is not an overcrowding problem. The meeting adjourned at 7:44 p.m. Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor 8