HomeMy WebLinkAboutItem 01 Approval of the Minutes for the Regular City Commission Meeting held November 20, 2018
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MINUTES
REGULAR CITY COMMISSION MEETING
NOVEMBER 20, 2018
CALL TO ORDER - 6:17 PM
Mayor Johnson called the regular session to order at 6:17 PM in the Commission Chambers of
City Hall. The invocation was led by Reverend Barbara Bey, followed by the Pledge of
Allegiance to the Flag led by Commission Firstner. City Clerk Sibbitt called roll and declared
a quorum present.
Present: Commissioner Grogan, Commissioner Wilsen, Mayor Johnson, Commissioner
Firstner, Commissioner Oliver
Also Present: City Manager Frank, City Attorney Cookson, City Clerk Sibbitt
PRESENTATIONS AND PROCLAMATIONS - 6:19 PM
Proclamation Orlando Health / Health Central Hospital ~ 100 Year Anniversary
proclaimed and read by Mayor Johnson. Proclamation was accepted by Mark Marsh, Senior Vice
President of Orlando Health and President of Health Central Hospital, along with two of his staff
members, Rick Smith and Rachel Cobb.
Proclamation - Day of Remembrance Proclamation of 1920
Mayor Johnson shared a personal message with the audience prior to approval of the
proclamation which recognizes a dark period in history that has affected the City. He further
shared this evening he would like to do something different than their normal process and
request the City Commission to vote on the proclamation.
Motion: Move to accept the Day of Remembrance Proclamation of 1920 as
written; Moved by Commissioner Grogan, seconded by Commissioner Oliver;
Motion carried unanimously.
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Proclamation - Day of Remembrance Proclamation of 1920, November 2, proclaimed by
Mayor Johnson and read by William Maxwell. Proclamation was accepted by Human Relations
Diversity Board (HRDB) Members William Maxwell, Nichole Dawkins, and Kathleen Crown.
HRDB Chair Dawkins expressed gratitude for this moment and described the work put in by
the board members. She further recognized the board members present in the audience. HRDB
Member Maxwell recognized the family of former Mayor, Lester Dabbs, and shared that Mr.
Dabbs started the process of honoring those individuals who were involved in the events of
November 1920 by creating an organization known as the West Orange Reconciliation Task
Force. He concluded by sharing the experience of a recent trip to Montgomery, Alabama that
included attendance of Mayor Johnson and several HRDB board members.
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Regular City Commission Meeting
November 20, 2018
The following residents addressed the City Commission with their personal stories and reflection
on the acceptance of the proclamation:
Francina Boykin
Pam Grady
Sha’ron Cooley McWhite, great-niece of July Perry
Jonathan Sebastian Blount
Reverend Barbara Bey, descendant of Thornton-Sims Family
Allie Braswell
HRDB Member Maxwell presented a picture of the proposed memorial monument to be erected
in a public space so that all visitors may recall and consider the events of November 1920.
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Mayor Johnson further shared that every year on November 2 the HRDB will host an open
house to allow open discussion and a day of remembrance. Commissioner Oliver thanked the
Mayor, Commissioners, and HRDB for their leadership and further shared a personal message
with the audience.
Mayor Johnson asked for a Moment of Silence for all those involved in the 1920 Massacre.
Mayor Johnson called a 15 minute recess at 7:43 PM.
COMMENTS FROM CITIZENS/PUBLIC - None
STAFF REPORTS AND AGENDA REVIEW - None
COMMISSIONERS ANNOUNCEMENTS - 8:07 PM
Commissioner Oliver- shared Founders’ Day was a wonderful event and encouraged all
residents to come out next year.
Commissioner Grogan – None
Commissioner Wilsen – None
Commissioner Firstner – None
Mayor Johnson – 1) In observance of Thanksgiving Day, City Hall will be closed on Thursday,
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November 22, and Friday, November 23. No trash collection is scheduled for Thursday,
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November 22. 2) The City of Ocoee and the Ocoee Lions Club will present the 38 Annual
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Ocoee Christmas Parade on Saturday, December 1, at 1 PM. The Ocoee Christmas Parade will
start at the intersection of Maguire Road and Enterprise Street, and end at Bill Breeze Park. If it
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rains, the parade will be held on Sunday, December 2 at 2 PM. In lieu of entry fees, parade
participants have been asked to bring unwrapped toys to be donated for the Ocoee Police
Department’s Holiday Toys for Kids in Need program. 3) Just as a reminder, the City of
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Ocoee’s annual Holiday Tree Lighting event, scheduled for December 1, has been canceled
because of the ongoing Downtown Ocoee revitalization project.
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Regular City Commission Meeting
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CONSENT AGENDA - 8:09 PM
Motion: Move to pull Item #6 and table to a later date.
Moved by Commissioner Wilsen, seconded by Commissioner Oliver; Motion
carried 5-0.
Consent Agenda Motion
Motion: Move to adopt the Consent Agenda Items #1 - #12, with Item #6 being
tabled.
Moved by Commissioner Grogan, seconded by Commissioner Firstner; Motion
carried 5-0.
1. Approval of the Minutes for the Regular City Commission Meeting held October 16,
2018. (City Clerk Sibbitt)
Approved on Consent. Motion carried 5-0.
2. Approval of New Appointments to the Human Relations Diversity Board. (City Clerk
Sibbitt)
The Human Relations Diversity Board was created by Resolution in 2003. The purpose of this board is to
promote understanding, respect, goodwill, and equality among all citizens and businesses of the City of Ocoee.
Members of the Human Relations Diversity Board serve three-year terms. Currently the Human Relations
Diversity Board has eleven (11) members, and their resolution allows no less than seven (7) members and no
more than thirteen (13) members. On October 4, 2018, an email was received from HRDB Chairman Travis
Brown announcing his resignation effective December 7, 2018. Two applications have been received by Larry
Brinson, Sr. and Jay Carr who have shown an interest in being appointed to the Human Relations Diversity
Board for a term ending May 2021.
Approved on Consent. Motion carried 5-0.
3. Approval of Change Order No. 1 for South Blackwood Avenue Landscape Refresh
Project with BrightView Landscape Services. (Deputy Development Services
Director/CRA Administrator Corless)
On September 18, 2018, the City Commission approved the award of the S. Blackwood Avenue Refresh
Project to BrightView Landscape Services, Inc. Since Commission approval on September 18th and prior to
the issuance of the Purchase Order 1425719 on October 30, 2018, two Washingtonia Palms, located in the
southern median of S. Blackwood Avenue, were struck by lightning and are in the process of dying. Based on
an inspection of the dying palms by the City’s Urban Designer and the CRA Administrator, as well as
BrightView’s horticulturalist, it was decided that the most cost effective measure is to remove the dying palms.
The removal of the palms would cause a break in the planting rhythm, thus it was also determined to relocate
the two palms currently located on the northern part of the southern median to the location where the palms
died. This change order is in the amount of $2,586.50 with the total of the overall contract not to exceed
$67,262.00.
Approved on Consent. Motion carried 5-0.
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Regular City Commission Meeting
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4. Approval of a Two-Year Warranty Surety and Maintenance, Materials, and
Workmanship Escrow Agreement with DR Horton, Inc., for the Oak Trail Reserve
Subdivision and the Clarke Road Extension. (Development Engineer Womack)
The Oak Trail Reserve Subdivision is located at the northeast corner of Clarke and Clarcona Ocoee Road. The
overall development covers 33.94 acers with nearly 14 acers of the development being dedicated for open
space. The Oak Trail Reserve Subdivision will contain 140 single family lots. Clarke Road was required to be
extended north of Clarcona Ocoee Road to serve this development. The developer, DR Horton, has completed
construction of the infrastructure improvements for the Oak Trail Reserve Subdivision and the Clarke Road
Extension and has requested a Certificate of Completion for both projects. All identified punch list repairs are
currently being completed, and the developer will be ready to start the two-year warranty period for the public
infrastructure improvements once the punch list items are inspected and approved by City Staff. As a
requirement of the Land Development Code, the developer is required to furnish the City a Surety to cover any
possible damages to the public improvements discovered during the next two years, should the developer not
choose to make those repairs. DR Horton has provided the City with a Check in the amount of 10% of the
constructed public improvements ($46,414.44 issued by JP Morgan Chase Bank). The surety will be kept with
the signed Maintenance, Materials, and Workmanship Escrow Agreement, which will ensure that funds will be
available should they be needed during the two-year warranty period. The Surety will be returned to the
developer upon completion of the two-year warranty period and the repair of any damages caused over that
two-year period.
Approved on Consent. Motion carried 5-0.
5. Approval to Terminate the City’s 457 Contract with Principal Financial Services
Effective December 30, 2018. (Human Resources Director Williford)
Principal Financial Services has officially notified the City of Ocoee that it will no longer support the 457
Contract that it has for the City’s employees. The City’s other two 457 plan providers, Empower and ICMA,
have informed the City that they will continue to support the plans and will allow employees to transfer their
monies to either Empower or ICMA.
Approved on Consent. Motion carried 5-0.
6. Approval to Terminate the City’s Mental Health Services Contract with
Heartspoken/Gilstrap Counseling, Inc., on March 1, 2019. (Human Resources
Director Williford)
The City’s Health insurance agent, The Crowne Group, is recommending the termination of the City’s contract
with Heartspoken/Gilstrap Counseling, Inc., due to the implementation by Florida Blue of a capitation program
on Mental Health and Substance Abuse coverage on group health plans like the City’s.
This item was pulled and tabled to a later date.
7. Approval of the Renewal of Radio Services Agreement with Motorola, Inc. (Police
Chief Brown)
In November 1995, the Honorable Mayor and Board of City Commissioners authorized the purchase of the
Motorola 800 MHz Radio system, which is still being utilized by the City in conjunction with Orange County's
radio system. Also purchased with the radio system was a service maintenance agreement. The agreement is
required for equipment that is no longer under factory warranty. Included in the agreement is all covered radio
equipment currently owned by the City of Ocoee with the exception of the radio equipment purchased by the
City for the Fire Department. The proposed agreement will take effect October 1, 2018 and runs through
September 30, 2019. The cost of the service agreement for the next 12 months is $20,703.84 (payable in
monthly payments of $1,725.32).
Approved on Consent. Motion carried 5-0.
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Regular City Commission Meeting
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8. Approval for the Police Chief to Enter into an Agreement with Ring LLC to
Participate in the Ring Neighborhoods Program. (Police Chief Brown)
The City of Ocoee Police Department desires to participate in the Ring Neighborhoods Program. Ring LLC is
a manufacturer of smart doorbells and cameras, which are growing in popularity as a home security solution. It
allows homeowners to communicate with someone at the door remotely and also records video. Participating
in this program will provide the City of Ocoee Police Department access to the Ring Neighborhoods platform,
to communicate with Ring Neighbors, to encourage community engagement, and the ability to request
surveillance video for investigative purposes from citizens as we work together to make Ocoee neighborhoods
safer.
Approved on Consent. Motion carried 5-0.
9. Approval of the Downtown Redevelopment Drainage Improvements with Pegasus
Engineering. (Public Works Director Krug)
A key component of the City Commission approved Downtown Master Plan is the development of the master
regional stormwater facility. Continuing engineering services firm, Pegasus Engineering, was assigned the first
step in the design process by conducting a feasibility study for the facility which was completed December of
2017. Using the results of the feasibility study to establish the parameters for the design of the regional
stormwater facility, the City successfully solicited Engineering services for the final design and construction.
GAI Consultants were awarded the design of the Downtown Master Regional Stormwater Facility and are in
the preliminary concept and design phase. While GAI continues to develop their final product, the City is in
need of immediate engineering services to ensure the current Bluford Avenue, Oakland Avenue and City Hall
Complex project improvements will function with the future master stormwater system. Public Works is
requesting continuing engineering services firm, Pegasus Engineering, to handle these immediate tasks as their
team has the most historical knowledge from completing the feasibility study and has already been
coordinating with the various project design teams. The major portion of this proposed work will allow the
City to pipe the open drainage ditch next to existing City Hall from the railroad tracks at Franklin Street to
Starke Lake, increasing the area of developable property by reducing compensating pond storage area. Having
Pegasus complete this work allows the City’s other project consultants to continue to work unimpeded on their
projects and eliminates future additional design fees on said projects. The $47,500.00 for the work is available
in the Stormwater Capital Improvements.
Approved on Consent. Motion carried 5-0.
10. Approval to Award Bid #ITB19-001 Windermere Groves Reclaim Retrofit Project.
(Purchasing Agent Tolbert)
In conformance with the policies and procedures of the City of Ocoee (City) and Florida Statutes, bids were
solicited from qualified contractors to construct the Windermere Groves Reclaimed Water Retrofit (Project).
All work for the project shall be constructed in accordance with the drawings and specifications prepared by
the City of Ocoee Utilities Department. Bids include all items necessary for the furnishing, delivering, and
installing of all materials, equipment, incidentals, and services. The bid was publicly advertised on September
9, 2018, and opened on October 9, 2018. A pre-bid conference was held on September 25, 2018. The City
received five (5) bids for this project, ranging from $394,775.00 to $832,732.00. The bids are available in the
Finance Department for review. The Utilities and Finance departments reviewed the bids and all were
considered responsive. Staff recommends awarding the bid to Tri-Sure Corporation as the most responsive and
responsible bidder in the amount of $394,775.00.
Approved on Consent. Motion carried 5-0.
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Regular City Commission Meeting
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11. Approval for use of $3,000 in Existing Budgeted Funds to Pay Travel Expenses for
Members of the Human Relations Diversity Board to Participate in a University of
Florida Symposium. (Support Services Director Butler)
The Ocoee City Commission established the Human Relations Diversity Board (HRDB) by legislative
resolution in 2003 for the purposes of facilitating communication and educating the community, among others.
Five members of the Board have been invited to participate in a panel discussion at the Samuel Proctor Oral
History Program, a national symposium on African-American history. This panel is intended to present the
City’s experiences as a model for other communities to follow in dealing with difficult historic events. The
title of their session is “Ocoee: 100 Years of Accountability and Reconciliation in the Making.” The event
starts on Thursday morning, March 21, 2019. The panel discussion will be held on Saturday, March 23,
starting at 9:30 am in Gainesville. The Board plans to send five persons whose travel expenses would be
reimbursed up to an amount of $600 per person to cover the costs of car travel, food for three days (Thursday-
Saturday), and lodging for two nights (Thursday and Friday) for up to five persons (HRDB members and city
staff/officials). There is no cost for registration.
Approved on Consent. Motion carried 5-0.
12. Approval of Repairs to City of Ocoee’s Wastewater Treatment Plant’s Oxidation
Ditches Headworks. (Utilities Director Smith)
The City of Ocoee Wastewater Treatment Plant, as currently configured, is in service since 1993. The
oxidation ditch headworks concrete coating has reached the end of its lifecycle and in the planning stage to be
recoated in Fiscal Year 2018/19 at an estimated cost of $250,000. The coating is beginning to fail, with respect
to protecting the headworks concrete, and causing surface damage. If not repaired, could lead to significant
damage. A City consultant (Reiss Engineering) conducted a structural inspection of the oxidation ditch on June
2018. The inspection revealed the headworks are in dire need of repair and recoating. City staff initiated a
discussion with coating suppliers and contractors to derive an estimated cost for the project. Engineered Spray
Solutions met with staff on-site to review the consultant’s report and provide a proposal for the repairs and
coating. The estimated cost of the repairs and coating is $92,389.00. Engineered Spray Solutions is currently
under contract with Sarasota County (contract expires August 2019) for similar work and has offered the same
contracted conditions to the City of Ocoee.
Approved on Consent. Motion carried 5-0.
PUBLIC HEARING - 8:11PM
13. Top Gun Cheer – 651 South Bluford Avenue Preliminary & Final Large Scale Site
Plan (PSP/FSP); Project No: LS-2018-012. (Advertised in the West Orange Times on Thursday,
November 8, 2018. This public hearing is being continued to the December 4, 2018 City Commission
Meeting) (City Planner Rumer)
City Attorney Cookson announced this public hearing has been continued to the December 4,
2018 City Commission meeting.
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Regular City Commission Meeting
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FIRST READING OF ORDINANCE - 8:11 PM
14. First Reading of Ordinance Amending the City of Ocoee Municipal General Employees’
Retirement Trust Fund Reflecting Changes for Compliance with the Internal Revenue Code.
(Second Reading and Public Hearing Date scheduled for December 4, 2018, Regular Commission Meeting at
6:15 PM or soon thereafter.) (City Clerk Sibbitt)
At their meeting held on September 11, 2018, the General Employees’ Retirement Board reviewed and
approved the proposed ordinance which deals primarily with definition changes for compliance with the
Internal Revenue Code. Additionally, the definition of Actuarial Equivalent is being amended to match the
current valuation assumptions for interest. Because the changes do not result in a change in the valuation
results, it is the opinion of the Plan Attorney that a formal Actuarial Impact Statement is not required in
support of its adoption.
City Attorney Cookson read the title of the Ordinance.
Mayor Johnson announced this will be presented as a second reading and public hearing at the
next scheduled City Commission meeting on December 4, 2018, at 6:15 PM or soon thereafter.
15. First Reading of Ordinance Repealing and Replacing Chapter 78 - Fire Prevention and
Emergency Medical Response. (Second Reading and Public Hearing Date scheduled for December 4,
2018, Regular Commission Meeting at 6:15 PM or soon thereafter.) (Fire Chief Miller)
The Ocoee Fire Department has a chapter in the City’s Code of Ordinances that relates to fire prevention and
emergency medical response. Chapter 78 has been reviewed and updated to reflect the current edition of the
Florida Fire Prevention Code. Updates to the ordinance include adding emergency medical response services
language, removing the existing local ordinance requirements on fire sprinkler systems, and adding language
that addresses authority, purpose, applicability, administration, and delegation.
City Attorney Cookson read the title of the Ordinance.
Mayor Johnson announced this will be presented as a second reading and public hearing at the
next scheduled City Commission meeting on December 4, 2018, at 6:15 PM or soon thereafter.
16. First Reading of Ordinance for VMG Estates – 815 Clarcona Ocoee Road
(N. Lakewood Avenue) Annexation; Project No: AX-07-18-73. (Second Reading and Public
Hearing Date scheduled for December 4, 2018, Regular Commission Meeting at 6:15 PM or soon thereafter.)
(City Planner Rumer)
The subject property is located on the east side of Clarcona Ocoee Road, at 815 Clarcona Ocoee Road (N.
Lakewood Ave.). The overall parcel is 3.89 acres in size. The subject parcel identification number is 08-22-28-
0000-00-028. With respect to State annexation criteria, Chapter 171.044 of the Florida Statutes grants
municipalities the authority to annex contiguous, compact, non-circuitous territory so long as it does not create
an enclave. The subject property is considered contiguous to the City of Ocoee since it is bordered by property
located within the City limits on all sides. The property is proposed for annexation in order to be located within
the City limits of Ocoee. A proposed rezoning and subdivision plan will be processed under the next phase.
Annexation at this time will enable the applicant to design and engineer under the City’s regulations.
City Attorney Cookson read the title of the Ordinance.
Mayor Johnson announced this will be presented as a second reading and public hearing at the
next scheduled City Commission meeting on December 4, 2018, at 6:15 PM or soon thereafter.
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17. First Reading of Ordinance for Amaran Property – 403 2nd Street Annexation and
Rezoning; Project No(s): AX-08-18-76 & RZ-18-08-13. (Second Reading and Public Hearing
scheduled for December 4, 2018, Regular Commission Meeting at 6:15 PM or soon thereafter.) (City
Planner Rumer)
The subject property is located on the east side of 2nd Street, 187 feet north of W. Silver Star Road. The parcel
is +/- 0.39 acres in size and contains one existing Single-Family residence. The Applicant is annexing into the
City limits as a condition to receive a city potable water connection. With respect to State annexation criteria,
Chapter 171.044 of the Florida Statutes grants municipalities the authority to annex contiguous, compact, non-
circuitous territory so long as it does not create an enclave. The subject property is considered contiguous to
the City of Ocoee since it is bordered by property located within the City limits on the south and east. The
parcel will receive an R-1A (Single-Family Dwelling) zoning upon annexation.
a) First Reading of Annexation Ordinance
b) First Reading of Rezoning Ordinance
City Attorney Cookson read the titles of the Ordinances.
Mayor Johnson announced this will be presented as a second reading and public hearing at the
next scheduled City Commission meeting on December 4, 2018, at 6:15 PM or soon thereafter.
18. First Reading of Ordinance for City of Ocoee Center Street Pond – 715 Center Street
Annexation and Rezoning; Project No(s): AX-09-18-78 & RZ-18-09-16. (Second Reading
and Public Hearing scheduled for December 4, 2018, Regular Commission Meeting at 6:15 PM or soon
thereafter.) (City Planner Rumer)
The subject property is located on the south side of Center Street, 200 feet west of Woodson Ave. The overall
parcel is 3.58 acres in size and contains an existing stormwater pond owned by the City of Ocoee. The subject
parcel identification number is 17-22-28-0000-00-102. With respect to State annexation criteria, Chapter
171.044 of the Florida Statutes grants municipalities the authority to annex contiguous, compact, non-
circuitous territory so long as it does not create an enclave. The subject property is considered contiguous to
the City of Ocoee since it is bordered by property located within the City limits on the north side. The parcel
will receive an R-1 (Single-Family Dwelling) zoning upon annexation.
a) First Reading of Annexation Ordinance
b) First Reading of Rezoning Ordinance
City Attorney Cookson read the titles of the Ordinances.
Mayor Johnson announced this will be presented as a second reading and public hearing at the
next scheduled City Commission meeting on December 4, 2018, at 6:15 PM or soon thereafter.
19. First Reading of Ordinance to Amend Article VII of the Land Development Code
(LDC) for the Citywide Floodplain Management Ordinance. (Second Reading and Public
Hearing scheduled for December 4, 2018, Regular Commission Meeting at 6:15 PM or soon thereafter.)
(City Planner Rumer)
The City’s updated ordinance has been submitted to the FEMA Regional Office in Atlanta for review and
changes to comply with Code 44 of Federal Regulations, Sections 59 and 60 of the National Flood Insurance
Program (NFIP). Non-compliance with this regulation results in the loss of participation in the NFIP program
which would prohibit flood insurances from being available. The Land Development Code contains a section
in Article VII dealing with a Floodplain construction criteria. This is supplemental to the general wetland and
floodplain criteria in Article VII. The information is required for adoption and is used in all Cities and
Counties in Florida. The requirements in the ordinance are established to facilitate Building Codes. The
provisions in the ordinance do not conflict with the Comprehensive Plan.
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City Attorney Cookson read the title of the Ordinance.
Mayor Johnson announced this will be presented as a second reading and public hearing at the
next scheduled City Commission meeting on December 4, 2018, at 6:15 PM or soon thereafter.
SECOND READING OF ORDINANCE – PUBLIC HEARING - 8:18 PM
20. Second Reading of Ordinance for Alli Property – 735 Center Street Annexation &
Rezoning; Project No(s): AX-06-17-61 & RZ-17-06-02. (Advertised in the West Orange Times
on Thursday, November 8, 2018 and Thursday, November 15, 2018.) (City Planner Rumer)
The subject property is located on the south side of Center Street, 450 feet east of Orange Avenue. The parcel
is approximately +/- 0.68 acres and contains one existing single-family residence. The Applicant is rezoning
the property from Orange County R-1 “Low-Density Residential” to City of Ocoee R-1A “Single-Family
Dwelling” as a condition to receive connection to City potable water. The subject property is considered
contiguous to the City of Ocoee since it is bordered by property located within the City limits on the north-
south. Orange County has been notified of this petition in accordance with Section 171.044(6) FS and
Subsection 13-A of the City of Ocoee-Orange County Joint Planning Area Agreement.
a) Second Reading of Annexation Ordinance
b) Second Reading of Rezoning Ordinance
Deputy Development Services Director/CRA Administrator Corless presented a brief
overview of this proposed annexation and rezoning, which is located on the south side of Center
Street, 450 feet east of Orange Avenue and north of Silver Star Road. The subject parcel is +/-
0.68 acres and has one existing single-family residence. The Applicant is rezoning the property
from Orange County R-1 “Low-Density Residential” to City of Ocoee R-1A “Single-Family
Dwelling” as a condition to receive connection to City potable water. This annexation meets
State and local regulations.
City Attorney Cookson read the title of the ordinances.
The public hearing was opened. As no one wished to speak, the public hearing was closed.
a) Second Reading of Annexation Ordinance - 8:20 PM
Motion: Move to adopt Ordinance No. 2018-038, Annexation for Alli Property – 735
Center Street Annexation, Project No: AX-06-17-61; Moved by Commissioner
Oliver, seconded by Commissioner Wilsen; Motion carried unanimously.
b) Second Reading of Rezoning Ordinance - 8:21 PM
Motion: Move to adopt Ordinance No. 2018-039, Rezoning for Alli Property – 735
Center Street Annexation, Project No: RZ-17-06-02; Moved by Commissioner
Oliver, seconded by Commissioner Wilsen; Motion carried unanimously.
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REGULAR AGENDA - 8:21 PM
21. Discussion of an Unsolicited Offer from Meritage Homes to Purchase +/- 9.0 Acres of
City-Owned Property Near the Intersection of AD Mims Road and Clarke Road for
$1,100,000. (Assistant City Manager Shadrix)
The City acquired 12 acres of land (Parcel No. 09-22-28-0000-00-05) from the Silvestri Investment Group of
Florida, Inc., on December 29, 2006, at a cost of $3.5 million for the purpose of constructing a new Police
Department headquarters building. The City subsequently relocated the Police Department to another facility,
with the result that the former Silvestri property remains undeveloped. The subject property is bordered on the
south by railroad right-of-way, which is adjacent to AD Mims Road, to the north and east by the Prairie Lake
Reserve Subdivision, and on the west by Clarke Road. A portion of the eastern boundary is property dedicated
to the public use and owned by the City for future road construction. The outstanding amount of the bond used
to finance the purchase is approximately $2.6 million. The Orlando Division of Beazer Homes submitted an
unsolicited offer to purchase approximately 8.5 acres of the property for $960,070 in April of this year, and the
City Commission authorized staff to negotiate a contract to bring back for approval. Negotiations failed to
produce a reasonable contract; therefore, Edward Storey, the City’s attorney in this matter sent them a letter
terminating the negotiations. The City has since received an unsolicited offer from Meritage homes for
$1,100,000 which is right at the appraised value. The offer letter from Meritage proposes terms that include a
$50,000 escrow deposit, a 90 day inspection period, and a bulk cash closing contingent upon successful
approval of a plan to develop 64 residential lots.
Assistant City Manager Shadrix explained the city-owned property that Meritage Homes is
interested in purchasing. The subject property is bordered on the south by railroad right-of-way
which is adjacent to AD Mims Road; to the north and east by the Prairie Lake Reserve
Subdivision; and on the west by Clarke Road. The Orlando Division of Beazer Homes submitted
an unsolicited offer to purchase approximately 8.5 acres of the property for $960,070 in April of
this year, and the City Commission authorized staff to negotiate a contract to bring back for
approval. Negotiations failed to produce a reasonable contract; therefore, Edward Storey, the
City’s attorney in this matter sent them a letter terminating the negotiations. The City has since
received an unsolicited offer from Meritage homes for $1,100,000 which equals the appraised
value. Staff is requesting this evening that the City Commission authorize the City Manager to
negotiate a contract with Meritage Homes but to also keep in mind that there is approximately
3.5 acres of commercial property that the City would still own. Upon reaching agreeable terms
the contract would come back before the City Commission for approval of sale.
Mayor Johnson shared that he answered comments from the media with regards to the 3.5 acres
the City will be maintaining.
Commissioner Oliver commented he will always advocate for the widening of Clarke Road
when there are discussions regarding development on Clarke Road. He further inquired if staff is
considering or negotiating with any of the developers with regards to developing or widening
Clarke Road. Assistant City Manager Shadrix explained the traffic study process that would be
required for approving this development of 64 residential lots. Mayor Johnson also explained
the transportation impact fees that would be collected and used toward the process of road
improvements. Further discussion ensued.
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Chris Atkins, 606 Ridgefield Ave., inquired about the remaining 3.5 acres that will still be
owned by the City and if an appraisal has been done on that portion.
Motion: Move to approve the offer of $1,100,000 from Meritage Homes to
purchase +/- 9.0 Acres of city-owned property near the intersection of AD Mims
Road and Clarke Road; Moved by Commissioner Wilsen, seconded by
Commissioner Firstner; Motion carried 5-0.
STAFF ACTION ITEMS - 8:33 PM
City Manager Frank shared if the City Commission felt they would want to cancel the meeting
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on December 18 because of the Holiday, it would be best to do it now so staff can prepare for
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the December 4 City Commission Meeting.
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Motion: Move to cancel the December 18 Regular City Commission Meeting;
Moved by Commissioner Wilsen, seconded by Commissioner Grogan; Motion
carried 5-0.
COMMENTS FROM COMMISSIONERS - 8:34 PM
Commissioner Grogan – None
Commissioner Wilsen – Thanked everyone for a wonderful presentation; she believed it was
very enlightening. She also wished everyone a happy and safe Thanksgiving encouraging
everyone to drive safely.
Commissioner Firstner – Wished everyone a happy Thanksgiving.
Commissioner Oliver – None
Mayor Johnson – Shared that Ocoee High School's Band will be representing the City of Ocoee
in Chicago by marching in the Christmas Parade. He noted that the students were able to raise
the majority of the money for their trip but have come $2,000 shy of their goal. He asked the
Commission to consider giving the band $1,000 from contingency.
Motion: Move to give the Ocoee High School Band $1,000 from the Contingency
Fund. Moved by Commissioner Grogan, second by Commissioner Oliver; Motion
carried unanimously.
Mayor Johnson remarked that tonight was a great meeting. He shared that he is looking forward
to the Human Relations Diversity Board's Open House which will be held every year on
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November 2, and hoping it will continue to enlighten citizens for years to come. He also
suggested reaching out to the local High School and inquiring about the possibility of attending a
Civic or History class an educating the youth about the City's History.
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Regular City Commission Meeting
November 20, 2018
Commissioner Wilsen thanked July Perry's great-niece for coming out tonight and sharing her
story.
Mayor Johnson concluded the meeting by wishing everyone a happy and safe Thanksgiving.
ADJOURNMENT - 8:37 PM
APPROVED:
Attest: City of Ocoee
_______________________________ _____________________________
Melanie Sibbitt, City Clerk Rusty Johnson, Mayor
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