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10-07-14MINUTES October 7, 2014, at 7:15 P.M. REGULAR CITY COMMISSION MEETING A. CALL TO O RDER Mayor Vandergrift called the regular session to order at 7:15 p.m. in the Commission Chambers of City Hall. James Bartel of Central Florida Freethought Community gave the invocation, followed by the Pledge of Allegiance to the Flag, led by Commissioner Keller. City Clerk Eikenberry called roll and declared a quorum present. Roll Call: Commissioner Grogan, Commissioner Wilsen, Mayor Vandergrift, Commissioner Johnson, and Commissioner Keller. B. PRESENT AND PROCLAMATIONS Proclamation - International Walk to School Day — October 10"' Commissioner Keller read the proclamation which Mayor Vandergrift proclaimed October l O t " as International Walk to School Day. Proclamation - Red Ribbon Week — October 23"' — 31 Commissioner Johnson read the proclamation which Mayor Vandergrift proclaimed October 23 -31 as Red Ribbon Week. Proclamation — National Colonial Heritage Month — October 2014 Commissioner Wilsen read the proclamation which Mayor Vandergrift proclaimed October 2014 as National Colonial Heritage Month. Proclamation - National Bullying Prevention Month — October 2014 Commissioner Grogan read the proclamation which Mayor Vandergrift proclaimed October 2014 as National Bullying Prevention Month. Proclamation - Put the Brakes on Fatalities Day — October 10 Mayor Vandergrift proclaimed October 10"' as Put the Brakes on Fatalities Day. Recognition of Promotions of Bryan Pace to Sergeant and Jason Price to Corporal Deputy Police Chief Silberstein announced the promotions of Bryan Pace to Sergeant and Jason Price to Corporal. A brief bio was given on both gentlemen prior to their pinning by a family member. C. COMMENT FROM CITIZENS /PUBLIC - None D. STAFF RE PORTS AND AGENDA REVIEW- None NOTE Items on the agenda were moved around considerably in order to first address those items with parties in attendance. The agenda was heard in the following order: Items that were moved forward and heard in the following order: 15, 13, 14, 12, and 16 Consent Agenda Items 1, 2, 3, and 7 approved under one vote Consent Agenda Items pulled for discussion, then approved under one vote: 4, 5, 6, 8, and 9 Remaining Agenda Items were heard in the following order: 10, 11, 17, 18, and 19 Regular City Commission October 7, 2014 E. CO MMISSIONERS AN Commissioner Keller — announced the City of Ocoee's Parks and Recreation Department will hold its 7th annual Haunted House starting October 18th. The house is located at 951 Ocoee - Apopka Road. This year's hours are Friday, October 18th from 7 -11 PM and Friday & Saturday October 24 & 25` from 7 -11 PM. There will be a hay ride, games and refreshments in addition to the Haunted House. The "Haunted Walk" is back this year as well. Admission is $3.00 each for the house and for the walk. We encourage everyone to bring non - perishable food items for the West Orange Christian Service Center. Commissioner Wilsen — announced the Parks and Recreation Department will be hosting its monthly Food Truck Friday event on Friday, October l 7th, from 6:00 to 9:00 pm. on Lakeshore Drive, in Bill Breeze Park. Food trucks will be offering gourmet food and delectable treats, and the movie "Frankenweenie" will be shown during the event; the movie will start at 7:30 p.m., so come out and enjoy a dinner and a movie in the park. Commissioner Grogan -- announced the Founders' Day Poker Run — Saturday November 1, 2014, starting at 9:30a.m. This event will occur at Clarke Grub & Pub, 1113 S. Clarke Rd, Ocoee, FL 34761. The Ocoee Police Department will be hosting its Thirteenth Annual Founder's Day Poker Run. The poker run will start and end at Clarke Grub and Pub. Proceeds from the Poker Run will be used to raise funds for the Police Department's Holiday Toys for Kids in Need Drive. In 2013, the event had approximately 100 participants which helped the Holiday Toys for Kids in Need program. It enabled more than 500 children to receive toys, school supplies, clothing, and in some cases food baskets. As the City Of Ocoee grows, so does the number of families that seek assistance from this program. Donations are being accepted at this time. $100 donors will receive their name on the back of the event T- shirt; $150 donors will receive their name and logo on the back of the T- shirt. If interested please contact Sergeant Mireya lannuzzi at (407) 905- 3160, ext. 3015 or miannuzzi @ocoee.org Commissioner Johnson 1) announced the City of Ocoee's 21 st Annual Founders Day Festival will be held Friday, November 7th and Saturday, November 8th. This year's entertainment will feature Kellie Pickler and Josh Thompson on Friday, and Chris Young, Swon Brothers, and the Bellamy Brothers on Saturday. There will be Carnival Rides, Food Vendors, a "Chick -fil -A" 5K Race, Poker Run, Fireworks, Marketplace Arts n' Crafts, Fishing Tournament, Classic Car Show and much more. 2) announced the Founder's Day Golf Tournament is on October 24 °i and there are plenty of spots open. City Engineer Wheeler asked how the commission would like to handle getting members for the City team. Consensus was to have a blind draw. F. CONSENT AGENDA Commissioner Keller, seconded by Commissioner Grogan, moved to approve the Consent Agenda Items #1, #2, #3 and #7 with the remainder of the items being pulled for separate consideration. Motion carried 5 -0. Commissioner Wilsen, seconded by Commissioner Grogan, moved to approve Consent Agenda Items #4, #5, #6, #8, and #9 that were pulled for individual discussion. Motion carried 5 -0. 2 1 P <� ,) - Regular City Commission October 7, 2014 1. Approval of Minutes for the Regular Commission Meeting Held September 16, 2014. (City Clerk Eikenberry) Approved on Consent. Motion carried 5 -0. 2. Appointments to the Community Grant Review Board. (City Clerk Eikenberry) Members of the Community Grant Review Board serve two -year terms. The Ordinance provides that the Community Grant Review Board membership shall consist of five (5) members. With the recent resignation of Tim Henderson, the board has now only three (3) members and there are two (2) vacancies. Two (2) applications have been submitted to serve on this board. Jane Rainer and Eneida Cortes have expressed their interest in serving on the Community Grant Review Board. Approved on Consent. Motion carried 5 -0. 3. Appointments to the Human Relations Diversity Board. (City Clerk Eikenberry) Members of the Human Relations Diversity Board serve three -year terms. Currently the Human Relations Diversity Board has nine (9) members and their resolution allows no less than seven (7) members and no more than thirteen (13) members. Two (2) applications have been submitted to serve on the board. Zane Prater and Pastor Gabriel Padilla have expressed their interest in serving on the board. Pastor Gabriel Padilla, founding pastor of the multi - lingual, multi - cultural Elevation Christian in Ocoee, is not a citizen of Ocoee; however, per the Board's Bylaws, the City Commission can waive the foregoing membership qualifications when the City Commission deems it appropriate. Approved on Consent. Motion carried 5 -0. 4. Approval of Bluford Avenue Drainage Project Purchase Agreement — Braland Property. (Public Works Director Krug) The City Commission approved the acquisition of right of way required for the Bluford Avenue Stormwater Project at the November 19, 2013, meeting, authorizing the Attorney to make the statutorily required pre - condemnation offer letters at the appraised values and then proceed to eminent domain. Mr. and Mrs. Darryl Braland own property along the affected roadway. After protracted negotiations, the Bralands have agreed to convey the parcel to the City for the total sum of $5,250.00, inclusive of any claim for attorney's fees and costs. Public Works recommends the Commission approve the attached Purchase Agreement in order to complete the property acquisition phase of the project. This is the last of five acquisitions required for the project. The property acquisition is adequately funded in the project budget. Public Works Director Krug explained that this is the last of five acquisitions required for the Bluford Avenue Storinwater Project. Once this accepted and the closing is complete staff can proceed with bidding the project. Commissioner Johnson inquired how soon it would be before they start work. Public Works Director Krug advised they expect that they will be able to break ground by January. Commissioner Johnson inquired if there was a way to notify the homeowners in that area as to when the work would begin. City Manager Frank said they can put door hangers. Pulled for Discussion. Approved on Consent. Motion carried 5 -0. 5. Approval of Assignment of RFP #11 -004, Small Construction Projects Term Contract, APEC to Altair. (Public Works Director Krug) A continuing contract has previously been awarded to APEC, Inc., for construction services. The City was noticed that APEC, Inc. has been acquired by Altair Environmental Group, LLC. As a result of the purchase, Altair has been assigned all contracts that APEC was currently working on at the time of purchase. APEC has requested the City assign its contract for construction services to Altair. 311', 1 ,,c, Regular City Commission October 7, 2014 Public Works Director Krug explained that the company Altair Environmental Group, LLC has purchased APEC, Inc. As a result of the purchase, Altair has been assigned all contracts that APEC was currently working on at the time of purchase. APEC has requested the City assign its contract for construction services to Altair. Pulled for Discussion. Approved on Consent. Motion carried 5 -0. 6. Approval of RFP #11 -006, Term Contract for Wheeled Refuse Containers, OTTO Environmental Systems North America, Inc., Price Adjustment. (Public Works Director Krug) The City Commission awarded OTTO Environmental Systems North America, Inc., (OTTO) the term contract for wheeled refuse containers at the June 7, 2011, Commission meeting. The contract automatically renews annually for a maximum of five years with a one -year renewal option. The contract contains provisions for an automatic annual 3% cost escalation upon each renewal and the vendor may request additional cost adjustments for years three through five. These provisions have consistently been included in this type of contract due to the market conditions of resin, an oil based product, from which the carts are fabricated. OTTO has not exercised their option for the annual cost escalation in previous years; however they are requesting the 3% escalation for this year along with a price increase for the cost of resin. The request is in accordance with the General Terms and Conditions of Section 6 and 7 of the contract. Public Works has reviewed the data provided to confirm through independent sources the resin cost increase is justified and valid. Public Works Director Krug explained that the City has had a contract with OTTO Environmental Systems North America, Inc. since 2011. The contract allows for the them to implement an increase when the cost of resin, an oil -based product, increases. The increase they are requesting is justified and valid. Pulled for Discussion. Approved on Consent. Motion carried 5 -0 7. Approval to Transfer Budget Between Accounts in Order to Implement Needed Equipment Purchases and Installation Services to Upgrade the City Commission Chambers Audiovisual System. (Support Services Director Butler) Staff presented Agenda Item 12 for consideration at the September 16, 2014, City Commission meeting to move budget authority from one operating account to another in order to accomplish certain procurements. Two of those procurements related to replacing or supplementing audiovisual equipment in the City Hall Commission Chambers and in the Community Center. Those recommendations were subsequently removed from the agenda item by substituting a request to put part of the transferred funds into the Community Center Replacement capital project account. This change was the result of suppliers and contractors not being able to provide the AV equipment and complete its installation before the end of the fiscal year on September 30, 2014. Since that time, staff has determined the ELMO document camera on the podium has lost its internal illumination capability and the overhead projector can no longer be managed using the remote control. The projector also lacks sufficient power to provide the desired level of color intensity. Rather than merely replace these two items, staff wants to re- instate the AV Reconstruction Project proposed in the original wording of Agenda Item 12 from the earlier City Commission meeting. Approved on Consent. Motion carried 5 -0. 411 1 pk Regular City Commission October 7, 2014 8. Approval of Contract Amendment for Police Communication Services with the City of Apopka. (Police Chief Brown) The police department is requesting that the City Commission amend the police communications services contract with the City of Apopka. The communications services contract with Apopka ended September 30, 2014, the amendment would extend the contract one year with a more favorable termination clause. The amended terms would allow termination after six months with 60 days prior notice. After the sixth month the contract goes to a month to month basis. When the agreement with Apopka is terminated the police department intends to enter into a police communication services contract with the City of Winter Garden. The police department is currently in negotiations with the City of Winter Garden for these services. The final terms and conditions are being settled but the payment for services are favorable. The two cities share the State Road 50 corridor and the West Orange County community and this future contract will only enhance police services for both communities. The Winter Garden and Ocoee Police Departments have shared a long law enforcement relationship and look forward to an even closer relationship with the future communication services agreement. Commissioner Wilsen inquired if explanation could be provided on what the City is planning to do with the police dispatch. Their last move to Apopka caused a lot of concerns and now it appears they might be going to Winter Garden. City Manager Frank explained that this item tonight is not regarding the transition of dispatch but for the renewal of dispatch services with Apopka for an additional year with a more favorable termination clause. Sometime within the next 6 months to a year when Winter Garden agrees to some type of arrangement with Ocoee than it will come back before the Commission. Pulled for Discussion. Approved on Consent. Motion carried 5 -0 9. Approval of Memorandum of Understanding and Revision to the Perpetual Easement for the Purposes of Incorporating a City Retention Pond into a Future Retention Pond for the Florida Department of Transportation's SR 50 Widening Project. (City Engineer Wheeler) The Florida Department of Transportation (FDOT) has finalized their plans for the widening of SR 50 to six travel lanes through Ocoee from the entrance to the West Oaks Mall to SR 429. The large undeveloped tract in the Ocoee Commerce Center that abuts Bluford Avenue is to be one of the retention ponds for that road widening project. City staff has been working with FDOT and its consultant about joining the City's small dry pond into the larger FDOT pond. Both ponds would be located within Bluford Avenue and Ocoee Commerce Parkway. The large undeveloped tract will be the FDOT's retention pond for the majority of the SR 50 widening. The Memorandum of Understanding was developed as the conceptual plan for the combining of the two ponds by FDOT and the development of the park around the final pond by the City. Additionally, at the April 15, 2014, regularly scheduled City Commission meeting, the City Commission granted FDOT a perpetual easement over the small dry retention pond on South Bluford Avenue for the purposes of constructing one large pond and set forth the maintenance responsibilities for the pond to be with the City and authorized the Mayor and City Clerk to execute the Perpetual Easement Agreement. The Agreement was developed by FDOT and reviewed by the City prior to the presentation to the City Commission for consideration and approval. FDOT has now determined that they sent us an incorrect version of that Perpetual Easement agreement and is requiring the City Commission to approve the modified version of that agreement. Commissioner Wilsen inquired about the changes to this item since it had been approved once before. City Engineer Wheeler explained that back in April 2014, the City Commission granted FDOT a perpetual easement. FDOT has now determined that they sent the City an incorrect version of that Perpetual Easement agreement and is requiring the City Commission to approve the modified version of that agreement. The Memorandum of Understanding is to memorialize the fact that FDOT is going to offer the fencing that they typically put around their retention pond and removal /usage of the dirt between the ponds. FDOT will credit the City monies that 511'�iL,c Regular City Commission October 7, 2014 FDOT would have paid for the 6 foot fence and removal /usage of the dirt to be used to pay for the short retaining walls and 42 inch decorative fence. Pulled for Discussion. Approved on Consent. Motion carried 5 -0 G. FIRST READING OF ORDINANCES 10. First Reading of Ordinance - Approval of Amended Ordinance for the City of Ocoee Municipal Police Officers' and Firefighters' Retirement Trust Fund Reflecting Changes Made by CBA. (Police Chief Brown) The Pension Board for the City of Ocoee Municipal Police Officers' and Firefighters' Retirement Trust Fund is governed by City of Ocoee ordinance. Changes to the Police and Fire pension benefits were agreed upon in the Collective Bargaining Agreements of the Police and Fire unions with the City of Ocoee. The Pension Ordinance must be amended to reflect the changes. City Attorney Cookson read the title of the Ordinance. Mayor Vandergrift announced the second reading and public hearing will be held on October 21, 2014, Regular Commission Meeting at 7:15 p.m. or soon thereafter. 11. First Reading of Ordinance - Amending General Employees' Retirement Ordinance No. 2009 -020. (General Employees' Retirement Board Chairman Wagner) At a Special Meeting held on August 19, 2014, the General Employees' Retirement Board adopted an amended Annual Actuarial Report dated August 13, 2014, which was based upon the results of an Actuarial Experience Study performed by Foster & Foster, Inc. The purpose of this study was to evaluate the assumptions and methods used to determine funding levels for the General Employees' Trust Fund to ensure financial soundness going forward. After careful review of a] I of the parameters affecting required contributions rates needed to adequately fund the retirement program, the Board accepted several actuarial assumption changes that are incorporated in the amended Annual Actuarial Report. These modifications resulted in a significant reduction to the required City contribution rate from 20.5% to 13.14 %, for an annual monetary savings to the City of almost one -half million dollars. City Attorney Cookson read the title of the Ordinance. Mayor Vandergrift announced the second reading and public hearing will be held on October 21, 2014, Regular Commission Meeting at 7:15 p.m. or soon thereafter. City Manager Frank briefly explained the reevaluation of the actuarial bases for the City's contribution and the benefits the City is receiving. H. SECOND READING OF ORDINANC — PUBLIC HEARING 12. Second Reading of Ordinance - Westyn Bay Commercial. (Advertised in the Orlando Sentinel on Thursday, September 25, 2014). (City Planner Rumer) The subject property is located on the southwest corner of Ocoee Crown Point Parkway and Ocoee Apopka Road. The parcel is identified as parcel number 06- 22 -28- 0000 -00 -067. The parcel is 20.85 acres. The Westyn Bay Commercial Planned Unit Development (PUD) is comprised of 44 single- family units and 6.59 acres of commercial and stormwater /open space. The subject property consists of vacant and undeveloped land. The Future Land Use designation for the subject site is "Commercial ". The rezoning to PUD is required to introduce the residential density. a. PUD Rezoning /Land Use Plan b. Development Agreement (not a public hearing) 611' : , Regular City Commission October 7, 2014 City Manager Frank announced there is a revised development agreement in front of them that they would need to consider. City Planner Rumer gave a brief overview of the project which is proposed as a mixed used development of 44 single- family units and 6.59 acres of commercial and stormwater /open space. There is one (l) waiver from the Land Development Code that is currently requested. The Applicant has requested a waiver from Table 5 -1 Permitted Use Regulations to allow drive in restaurants within two hundred (200) feet of residential property. Mayor Pro Tem Johnson opened the public hearing. Tom Sullivan, of Gray Robinson, behalf of the applicant, briefly addressed the commission and thanked staff for all of the support and input; he advised he is available for any questions. Mayor Pro Tem Johnson closed the public hearing. Commissioner Grogan said he likes the development that is being proposed and believes it will be very well liked by the neighboring residents in Westyn Bay. City Attorney Cookson read the title of the ordinance. Commissioner Grogan, seconded by Commissioner Keller, moved to approve the Weston Bay Commercial PUD Rezoning /Land Use Ordinance No. 2014 -016. Motion carried 5 -0. Commissioner Grogan, seconded by Commissioner Keller, moved to approve the Weston Bay Commercial Development Agreement and the attached waivers as presented by staff. Motion carried 5 -0. The ordinance, as adopted on second reading, carries the following title: ORDINANCE NO. 2014 -016 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM OCOEE C -2, COMMUNITY COMMERCIAL, TO OCOEE PUD, "PLANNED UNIT DEVELOPMENT," ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 20.85 ACRES LOCATED ON THE SOUTH WEST CORNER OF OCOEE CROWN POINT PARKWAY AND OCOEE APOPKA ROAD, PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; FINDING SUCH ZONING TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN; PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL CITY ZONING MAP; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. 7 1P it!� Regular City Commission October 7, 2014 I. PUBLIC HEARINGS 13. Casa Mirella Phase V — Preliminary/Final Site Plan. (City Planner Rumer) The subject property is located on Lot 3 of Casa Mirella located on the west side of Maguire Road and south of Roberson Road. The parcel of land is approximately 2.7 acres. The subject property is zoned Planned Unit Development (PUD) and is located within the Belmere PD. The Casa Mirella Phase V PSP /FSP is a multi- family dwelling project that proposes a total of 60 multi- family units. The 60 units will be provided for in two separate buildings. One building will contain 36 units and the other 24 units. The stormwater will be handled in the existing stormwater management facilities and will require a modification to the existing SJRWMD stormwater permit. All internal roadways in Casa Mirella Phase V will be private and will be accessed through the existing gates. City Planner Rumer gave a brief overview of Casa Mirella Phase V PSP /FSP which is a multi- family dwelling project that proposes a total of 60 multi - family units. Mayor Vandergrift opened the public hearing. As no one wished to speak, the public hearing was closed. Commissioner Johnson, seconded by Commissioner Wilsen, moved to approve Casa Mirella Phase V — Preliminary /Final Site Plan as presented by staff. Motion carried 5 -0. 14. Arden Park North Phase 2 — Preliminary /Final Subdivision Plan. (Principal Planner Fabre) Arden Park North is identified as parcel 11) number 04- 22 -28- 0000 -00 -001 (9421 Clarcona -Ocoee Road) located on the north side of Clarcona -Ocoee Road and situated between Hobson Road and Ingram Road. The Arden Park North Phase 2 PSP /FSP is a residential subdivision that proposes a total of 205 single - family residential lots with a resulting net density of 2.73 units per acre. In addition, Arden Park North Phase 2 PSP /FSP is proposed to be constructed in two sub - phases (A & B). City Planner Rumer gave a brief overview of the Arden Park North Phase 2 PSP /FSP residential subdivision located on the north side of Clarcona -Ocoee Road. The proposed project will provide a total of 205 single- family residential lots. In addition, Arden Park North Phase 2 PSP /FSP is proposed to be constructed in two sub - phases (A & B). He noted that future phases will require some improvements to Clarke Road, but at this time we are looking at Phase 2 only. Mayor Vandergrift inquired if there were any fountain features on the property. Stephen J. Polachek, Standard Pacific Homes, Orlando spoke about the great relationship he has had with working with city staff. Ile further gave a brief overview of the Arden Park development and theme. In response to the Mayor's question, there will not be a fountain in Phase 2, however but they will incorporate water features on their future sites. Mayor Vandergrift suggested they look into the Wounded Warrior Project since it would not only help a wounded soldier but could be a good selling point for their subdivision. City Planner Rumer added that there are two waivers being requested that he will need to address before they vote on this item. Mayor Vandergrift opened the public hearing. Regular City Commission October 7, 2014 Todd Clements, Senior Landscape Architect, Court Street Partners, LLC, presented exhibits and explained the concept of their open space park and amenities for the Arden Park North Phase 2 area. R.P. Monaeky, 1820 Prairie Lake Blvd., asked if the density of the project is being done to kick up the density. Mr. Rumer explained that the over density of the project is just above 2.5 dwelling units per acre, which is below the average of 3 dwelling units per acre. The PUD was amended from townhomes at 900 units per acre to this plan that has 700 units, so it has been decreased. City Planner Rumer described the two waivers that were not included in the Plan and need to be added. The first waiver will be to not require fencing around the pond with a 4:1 slope; the code normally requires fence for less than 5:1. They will work with staff to make sure it is not near an area of pedestrian use. The second waiver is for a 25 -year storm event as opposed to a 100 -year storm event for two pond areas that discharge into Lake Sims and Trout Lake. He noted that staff recommends these waivers, and he and the City Attorney will come up with the exact verbiage for them. Mayor Vandergrift closed the public hearing. Commissioner Keller, seconded by Commissioner Grogan, moved to approve the Arden Park North Phase 2 — Preliminary /Final Subdivision Plan with the addition of the two waivers as presented by staff. Motion carried 4 -0 with Mayor Vandergrift away from the dais. 15. Kids Community College Special Exception for Charter School Use. (City Planner Rumer) 'The proposed Kids Community College Charter School is located in the Lake Olympia Square development. The parcel is located on the west end of the commercial plaza. Lake Olympia Square is a seven (7) lot commercial subdivision approved for construction in 1994 with Phase 2 being approved in 1996 (see plans attached). The subject site is vacant and contains 6.22 acres. Currently, there is a Winn Dixie anchored shopping center, restaurants and service uses with out - parcels containing a bank, gas station, and an oil and lube center. The current zoning designation on the property is C -2 (Community Commercial). The existing land use designation for the property is "Commercial ". This item was moved forward on the agenda and beard before Item #I City Planner Rumer gave a brief overview of the proposed Kids Community College Charter School that is to be located in the Lake Olympia Square development; the parcel that also contains the shopping center with the Winn Dixie. The proposed Kids Community College will be a PreK -5 °i grade charter school located in a C -2 (Community Commercial) zoning district. He explained the Special Exception process that we approve to a specific site plan. The 2 -story school building is proposed in the Plan at 28,880 square foot. The applicant has expressed that he will request to increase it to 31,000 square feet due to new building codes and school requirements. Staff consulted with the developer to move the retention pond from the rear to the west side to better handle stormwater. The access to the school will be through Silver Star Road and Clarke Road; there is no access on Olympus Drive and will not be added when the commercial parcels are developed. A traffic study was done and proposed accesses functioned without requiring any improvements. The school is limited to 350 students. Mayor Vandergrift opened the public hearing. 9 1 1 , <! �t t' Regular City Commission October 7, 2014 Timothy A. Powell, Urban Planner, noted he is assisting the project engineers by presenting the Special Exception. He stated the overall vacant parcel contains 6.22 acres and is zoned C -2, consistent to the smaller out parcels along Silver Star road. The subject property for this special exception for the proposed charter school will consist of 4.32 acres. The site will be secured by a 6 -1 black decorative fence with gates on the north and east perimeters. The existing brick wall on the western property line will be extended to the north property line of the school and the brick wall along the south side will remain. Gates will be closed and locked during non - school hours. The property will have 74% open space and 26% impervious surface area. There will be a minimum 25 foot landscape buffer along Olympus Drive and Silver Star Road. He discussed the traffic study findings and that no transportation improvements were found to be necessary. He noted that here to answer any questions are: Mike Raysnor, traffic consultant expert; Bret Hedstrom (Civil Engineer) and Jason Kendall (Environmental Planner), both from Brad Design and Engineering; as well as Richard Burke, developer from Episcopal School of Jacksonville (ESJ) who will own Kids Community College (KCC) and Tim Kilpatrick who will operate KCC. Public Comments John Finger, Lake Olympia Club, spoke in support of the project and hopes the Commission agrees. He questioned if the schooling levels will change the exception. City Planner Rumer advised that this special exception in the plan does limit them to PreK -5"'. They would have to request an amendment if they changed the schooling level. Commissioner Wilsen stated they had a meeting prior to the commission meeting with surrounding neighbors to discuss this project and said she has not heard any negative comments. She gave City Clerk Eikenberry a petition of people supporting the Charter School and would like it entered into the record. She stated the only concern she heard was about traffic along Silver Star Road and that has been addressed. Commissioner Grogan confirmed that the traffic study had been done with the proposed 350 students and not the current enrollment. Planner Rumer confirmed. He asked the developers if they had looked at other properties in the city because he felt that these are valuable commercial properties. Tim Kilpatrick explained that the site plan contained two commercial parcels along silver star road that will create revenue once tenants have been identified. Commissioner Johnson agreed that we have many schools in the city that not paying taxes and with this school we would even lose the land tax we are receiving. He asked Planner Rumer what the impact fees would be if the parcel was developed for commercial, to which Mr. Rumer responded $5,000 per each $1,000 square feet. Commissioner Keller expressed his concerns about loss of commercial revenue and traffic issues with people speeding through the plaza. He also noted that he heard they may not have to pay for connection of reclaimed water. City Engineer Wheeler said with Hackney Prairie School, Orange County Public Schools (OCPS) paid the connection fees and he assumed they would do the same. Ken Bear, 752 Westyn Bay Blvd, has three daughters and drives his oldest to Gotha where KCC is currently located. Ocoee needs these charter schools and he does not like seeing the Commission putting revenues over quality education for children. Commissioner Keller stated he is not opposed to the school, just the location they have selected. There was discussion about the location and other alternatives for the school. Mr. Bear noted that property has been sitting empty for a long time, they are not competing with someone who wants to build commercial there. He asked the commission to choose which is more important, quality education or tax dollars. Commissioner Keller said he believes they can have both, they don't have to choose. 1011'<I�= Regular City Commission October 7, 2014 Mayor Vandergrift closed the public hearing. There was some discussion about other groups looking to build charter schools in Ocoee Mr. Kilpatrick said that having a high performing school to that area will bring 350 new customers into that area every day which will help that Winn Dixie plaza that is currently suffering. Commissioner Johnson noted that children are first and foremost on this Commissions mind and has been since he has lived here in 1955. They have put an enormous amount of effort into making sure the education in this city is good. It is not a fair statement to say that we are putting money over kids. There was a discussion between Commissioner Johnson and the developer, Richard Burke, with regard to the commercial parcel before they have identified tenants. There was also discussion about other properties that could be more appropriate. Mr. Burke said you cannot find a better use for that parcel than this charter school. There are a lot of parents here tonight to support what KCC has done for their children. This parcel was the best parcel we found after researching a lot of locations, partly due to the fact that the commercial parcels will remain there and produce revenue. Andrew Sechler, HOA Board of Director at Lake Olympia Club, spoke in favor of building the charter school; he feels it is the best use of the site that is between commercial and residential uses. He feels all of these things need to come together to fix this corner and a community oriented use is badly needed on this side of the street. He noted that the 98 apartment units that were previously proposed would have been detrimental to the area. This has the potential to help the Winn Dixie plaza. He is shocked at the opposition to this. Commissioner Wilsen noted that she is shocked that there is opposition to this project that will bring economic development into the community as well as better education opportunities. The residents are all in favor of this; this development will improve the drainage issues on that corner, bring in shoppers to the plaza that may be facing foreclosure, and build to commercial properties. There was further discussion among the connnission with regard to the location and how much limitation the school may put on potential commercial properties. Kim Baer, 752 Westyn Bay Blvd., spoke in favor of the Charter School. She noted that her children will attend it and it will bring consumers into the area. She said she has been looking at numerous properties for this school and this property the one that worked the best for everyone. The only ones opposed are the Commission who want to keep it as commercial even though it has been vacant for years. Commissioner Keller noted that they don't want to lose commercial. He suggested the school go in the West Oaks Mall. Ms. Baer said that is not acceptable for parents to send their young children to school in a mall and it would further deter Ocoee from having more commercial businesses in the mall. Commissioner Johnson noted they are trying to make decisions best on what is best for the community as a whole. Timothy Powell said one of his responsibilities over the last 25 years is to determine the highest and best use of properties for government and other properties. The argument that this is prime commercial property is incorrect; the two out parcels are prime property, however the portion where the school will be has drainage issues and access limitations. There is no other property 11 I1',) i c Regular City Commission October 7, 2014 that will have 74% open space. What the Commission is saying they want for that property is just not going to happen. You will not achieve those ideals. Additionally, he stated that no developer specs a building and then hopes for a tenant, especially since there are visibility and access issues and major drainage problems. Resident (no name given), architect for 19 years, agrees with what Mr. Powell just said, that is not prime commercial property. You can make it prime commercial property by putting the school there. The arguments that are being presented here tonight don't hold a lot of water. Mayor Vandergrift said he has been in favor of charter schools for many years. He feels this school will bring 350 families into Ocoee for visits and maybe to live. The school will employ 60 local people. He is in favor of this project. He made a comment about an unrelated property acquisition that is on the agenda later. Commissioner Wilsen, seconded bV Mayor Vandergrift, moved to approve the Special Exception for Kids Community College per staff's recommendation. Mayor Vandergrift discussed fencing the school and possibly allowing the city to use it. We need to put money into schools. Discussion ensued regarding the consideration of the purchase of the property on Kissimmee Avenue for revitalizing a downtown area. Commissioner Wilsen reminded everyone that this is not prime commercial property that we are giving up and any other developer will have problems with the visibility and drainage issues. Commissioner Keller asked if the front end of the property will remain C -2. City Planner Rumer advised the whole property will remain C -2, the school portion will get the tax exemption but the front two parcels will still be taxed. Motion carried 4 -1 with Commissioner Grogan opposing. BREAK: 8:53 p.m. - 9:07 p.m. J. REGULAR AGENDA 16. Consideration of a Revised Offer of $125,000 to Sell Property Located at 35 W. Geneva St. and 669 S. Cumberland Ave. by Roy and Victoria Sanders. (Support Services Director Butler) Property owned by Roy & Victoria Sanders at 35 West Geneva Street (Parcel No. 17- 22 -28- 6144 -04 -193, 13,271 SF) and 669 South Cumberland Avenue (Parcel No. 17- 22 -28- 6144 -04 -172, 14,299 SF) is adjacent to city -owned property. The total size of the subject property is 27,570 SF, or about two - thirds of an acre. Mr. & Mrs. Sanders have made an unsolicited offer to sell both parcels to the city for the amount of $187,900.00. Along with their offer, which was conveyed on a standard residential contract for sale and purchase, they provided an October 14, 2013, fee appraisal noting the market value of the property as being $84,000.00. According to that appraisal, the property improvements include two residential structures and a carport. Describing the smaller house (984 SF), the appraisal says, "The improvements ... are in very poor condition, likely uninhabitable, and are recommended for demolition." The larger home (1,344 SF) is in better condition, "is currently occupied, of wood -frame construction, and in average condition for its age and likely has some remaining economic life." A portion of this structure is on city -owned land. The initial offer to sell the property at a price of $187,900 was rejected by the City Commission at its regularly scheduled meeting on September 16, 2014. Staff was directed to continue discussions and seek a lower price. The sellers subsequently revised their offer. 12 11's (,c Regular City Commission October 7, 2014 Support Services Director Butler explained the initial offer to sell the property at a price of $187,900 was rejected by the City Commission at its regularly scheduled meeting on September 16, 2014. Staff was directed to continue discussions and seek a lower price. The sellers subsequently revised their offer to $125,000. The market value of the two parcels is $84,000.00. Commissioner Johnson said that he feels this property would be beneficial to the City for drainage or to develop some time in the future. If they have the owner get another appraisal the property may have increased and they may be able to agree on a price closer to their offer. Funds to purchase this property could come out of the stormwater fee. Commissioner Johnson, seconded by Commissioner Keller, moved to offer $100,000 for the property owned by Roy and Victoria Sanders located at 35 W Geneva St. and 669 S. Cumberland Ave. No vote was taken at this time due to subsequent discussion and amendment. Victoria Sanders inquired if the City would take an offer for $115,000. Commissioner Wilsen commented that she would need to be convinced that this property would even be needed by the City; otherwise she cannot see purchasing it. Commissioner Wilsen said she is not convinced that we can actually use this property; she does not want to just by it for the sake of buying it. Public Works Director Krug said that it would be viable property for a stormwater retention area in the future. It will help to meet some of the unfunded mandates. R.P. Monacky, 1820 Prairie Lake Blvd., shared that he recently watched a program where cities have installed solar power systems to generate more electric power. He feels the City should look into this since it would be a cost savings to the City. This property acquisition might be a good place to do it. Mayor Vandergrift, seconded by Commissioner Johnson, moved to amend the offer to $115,000. Motion carried 4 -1 with Commissioner Wilsen opposing. Original Motion as amended carried 4 -1 with Commissioner Wilsen opposing. 17. Contract to Purchase Real Property Located at 15 S. Kissimmee Avenue and 214 W. McKey Street. (Assistant City Manager Shadrix) The City Commission recently engaged in a strategic planning process, to date resulting in three sessions with the City Commission. A primary area of agreement between members of the commission during strategic planning involved goals to set the stage for re- development of the historic downtown area of the City. Staff was directed to look at property located 15 S. Kissimmee Avenue and 214 W. McKey Street in the historic downtown area as possible acquisitions that could further potential re- development goals, and even serve as possible sites for a future City Hall relocation. The City prepared a contract and executed an addendum for consideration by the City Commission at the seller's asking price of $525,000 to include both properties. Additionally, an appraisal was prepared by Property Evaluation and Consulting that appraises the collective properties at $505,000. Staff seeks direction fi•om the City Commission regarding the purchase of the above referenced properties. Assistant City Manager Shadrix explained the process that had occurred thus far. He noted that the agenda packet included the appraisal, phase one environmental assessment, and a staff assessment. The contract before you is at the purchase price of $525,000. There was discussion 13 11>� � � Regular City Commission October 7, 2014 as to the contract being contingent on commission approval. City Manager Frank noted that the original offer was $595,000 and the city countered with the offer for $525,000. There was discussion regarding the visioning session and downtown starting at Franklin and going toward SR 429 and the funding and bonding that would be used to get that moving forward. Mr. Shadrix said we have a grant from the State of Florida to pay for SR 429 interchange study; one of the key interchanges is the Plant /Franklin corridor which connects Winter Garden's downtown with ours. Further discussion ensued with regard to the transportation recommendations that would come from the study. There was unrelated conversation regarding the Strategic Planning Sessions and how we need a wrap up session to put all of the ideas and concepts together that were discussed in the first two sessions. Commissioner Johnson, seconded by Commissioner Wilsen, moved to approve the Contract to Purchase Real Propertv Located at 15 S. Kissimmee Avenue and 214 W. McKee Street for $525,000. Motion carried 5 -0. 18. Acceptance of Shelley's Environmental Systems' Offer to Extend Their Contract ( #0114 -0710) with Daytona Beach Sludge Disposal Service to the City. (Utilities Director Smith) The City of Ocoee Wastewater Treatment Facility currently receives and treats approximately 591.3 million gallons per year of wastewater from its customers, producing approximately 1,700 wet tons per year in sludge (biosolids). With improved operational and sludge pressing efficiencies over the last five years, the City has seen an annual decrease in sludge production of 500 tons per year. MaxWest Environmental Systems, Incorporated, had been providing non- exclusive sludge disposal service for the City, but on June 6, 2014, MaxWest notified the City that they were ceasing their operations and would no longer provide disposal service. Utilizing the City's historical relationship with Shelley's Environmental Systems, Incorporated ( Shelley's), which includes biosolids disposal and the acceptance of trucked sludge press permeate at the wastewater plant, the City diverted sludge disposal to a Shelley's facility. To formally establish a more long -term operational relationship, Shelley's has extended its contract conditions with Daytona Beach (Daytona Beach Sludge Disposal Service Contract 90114-07 10) to the City. Utilities Director Smith explained the need to extend the piggyback contract with Daytona Beach for Sludge Disposal Service to the City. Commissioner Wilsen, seconded by Commissioner Johnson, moved to approve the acceptance of Shelley's Environmental Systems' offer to extend their Contract ( #0114 -0710) with Daytona Beach Sludge Disposal Service to the City. Motion carried 5 -0. 19. Discussion — Water Ordinance Issue. (Mayor Vandergrift) Tabled to the next meeting. K. STAFF ACTION ITEMS None 1411',<vc Regular City Commission October 7, 2014 L. COMME FROM COMMISSIONERS Commissioner Keller — reminded residents about the Ocoee Haunted House starting on October 18` 24` and 25 ° ' from 7pm -I Iprn. Commissioner Johnson — asked Utilities Director Smith if they are going to allow people to come and dump at the City facility once they start the septic tank pumping program. Utilities Director Smith answered that they would prefer not to take other peoples sludge because they do not know where it comes from or if there are chemicals mixed in the sludge. Commissioner Wilsen — advised that the other day she attended the Police Community Picnic and heard that a dog nipped a child. She has a concern with pets being allowed to events and would like some parameters to be set. After a brief discussion, Commissioner Wilsen asked that this item be put on the next agenda. Commissioner Grogan None Mayor Vandergrift -- announced International Walk to School Day is this week and encouraged students to walk. ADJ OURNMENT Meeting adjourned at 10:45 p.m. APPROVED: Attest: \ City of Ocoee S. Scott Vandergrift, Mayo 15 1,: `;