12-02-14MINUTES
December 2, 2014, at 7:15 P.M.
REGULAR CITY COMMISSION MEETING
A. CALL TO ORDER
Mayor Vandergrift called the regular session to order at 7:17 p.m. in the Commission
Chambers of City Hall. Commissioner Keller gave the invocation, followed by the Pledge of
Allegiance to the Flag, led by Commissioner Wilsen. Acting City Clerk Sibbitt called roll and
declared a quorum present.
Roll Call: Commissioner Grogan, Commissioner Wilsen, Mayor Vandergrift, Commissioner
Johnson, and Commissioner Keller.
B. PRESENTATIONS AND PROCLAMATIONS
Presentation of Officer of the Third Quarter Award to Officer Brandon Ke
City of Ocoee Police Lieutenant Stephen McCosker gave a brief summary of events that led to
the decision and awarding of Officer of the P Quarter to Officer Brandon Kerr.
Presentation by Desiree Luce, President and Heather Kennedy, Vice President of the Dirty
Jeans 4 -11 Club, SKY -T Stables
Mr. William Maxwell thanked the Founders' Day Committee for allowing the Dirty Jeans 4 -H
Club the opportunity to observe the elected officials in action. He explained the mission of the
Dirty Jeans 4 -H Club is to provide safe and wholesome county environment to the youth, and to
engage in structured learning and activities.
Mr. Maxwell introduced the club's president, Desiree Luce, and vice - president, Heather
Kennedy. Ms. Luce and Ms. Kennedy briefly explained that the club's mission, goals and
activities; the club teaches leadership and responsibility through the care of horses. The young
ladies expressed their gratitude for the fundraising opportunities allowed by the elected officials.
For more information, please visit their website at dirtyjeans4h.org.
Post- Election/Pre- Session Briefing
This presentation was postponed.
C. COMMENTS FROM CITIZENS /PUBLIC
Donna Broadway, 102 Magnolia Street, expressed her concerns with the after school traffic on
Lakewood Avenue and Magnolia Street. She fears the high volume of cars may cause accidents
and endanger children. Ms. Broadway requested the City install "No Parking" signs in the area.
City of Ocoee Police Chief Brown explained that they are aware of the issue and will observe
the area to see if a sign is warranted, and to see what else can be done with the traffic patterns.
Commissioner Wilsen inquired if signs are in place on Bluford by the school. The police chief
responded in the affirmative. He continued by saying this issue necessitates review and address.
Paul Murphy, 804 Sleepy Harbour Drive, explained that he is a tenant at the stated address and
is having a code enforcement issue that is not getting resolved. He continued by expressing his
displeasure with the level of service offered by City staff. He said that City staff should receive
training regarding procedures and customer service. Mayor Vandergrift thanked Mr. Murphy
for bringing it to the City's attention. Mr. Murphy requested his district commissioner contact
Regular Commission Meeting
December 2, 2014
him to set up a meeting to discuss the matter. Commissioner Wilsen explained that she will
contact him, and apologized if she may have missed his e -mail.
D. STAFF REPORTS AND AGENDA REVIEW
City Attorney Cookson explained the City is currently in litigation as the plaintiff with Mercon
Construction Company. The commission previously rejected Mercon's settlement offer to the
City in the amount of $50,000; the commission also refused to accept any offer below $100,000.
Mercon's new offer of settlement is $100,000 and staff recommends accepting the offer.
Commissioner Keller, seconded by Commissioner Wilsen, moved to accept the
settlement offer in the amount of $100,000 by Mercon, as recommend by s taff.
Motion carried 4 -0 with Commissioner Grogan absent.
Mayor Vandergrift explained the litigation is due to unfinished, contracted work in the Pioneer
Key development.
NO 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: 27, 23, 22,
14,15,16, 17, 18, 24, 19, 20, 21, 25, 26, and 28.
Consent Agenda Items 1 through 11 and 13 were approved under one vote. Consent Agenda
Item 12 was pulled for discussion.
City Manager Frank announced the following:
1) On the dais in front of them is:
Emergency Item #1 for the Reassignment of Contract for Construction of a Lift Station
and Forcemain. (Utilities Director Smith)
Utilities Director Smith explained the action was approved on September 16, 2014, to install a
lift station with a forcemain as part of the Family Dollar Store project. Staff recommends the
reassignment from SB Ocoee FDS, LLC to Stephens Barrios, LLC.
Commissioner Wilsen, seconded by Commissioner Johnson, moved to app rove
the reassignment for the construction of the Wurst Commercial Area Lift Station
System and Initial Phase of the Downtown — Western Transmission Main P ro i ect
with SB Ocoee FDS, LLC to Stephens Barrios, LLC. Motion carried 4 -0 wit
Commissioner Grogan absent.
2) On the dais in front of them is:
Emergency Item #2 for the Reimbursement Agreement with the City of Winter Garden for
the State Road 429 Interchange Plan. (Assistant City Manager Shadrix)
This emergency item is a partner item to Agenda item 927.
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Regular Commission Meeting
December 2, 2014
Assistant City Manager Shadrix explained the City received an appropriation from the State
budget in the amount of $100,000. The first part is an agreement with the Department of
Economic Opportunity; the second part is reimbursement agreement with the City of Winter
Garden. The City would like to see the downtown grow, and one of the keys to the project's
success is employment. The money would be used to conduct a study that will help attract
employers to the 429 corridor, particularly the Plant/Franklin Street interchange. The cities of
Winter Garden and Ocoee have partnered together to see this project through. The City of Winter
Garden is the contractor and has been charged with the task of putting together the SR 429 study,
and is prepared to award a contract to a mutually agreed contractor. The agreement is to
reimburse the City of Winter Garden for the contractor. Commissioner Johnson inquired why
the City of Winter Garden is the contractor. Assistant City Manager Shadrix explained the
City of Ocoee does not have enough time to go through the RFP process, and the City of Winter
Garden has already completed the process through the Tri -City partnership where they qualified
contractors. Lengthy discussion ensued regarding the process: the study is performed for the
cities of Ocoee and Winter Garden; contractors were qualified through the joint partnership; the
contractor will work for both cities. Commissioner Johnson requested this item be tabled and
suggested a workshop. Assistant City Manager Shadrix explained the issue is time sensitive as
the grant money must be spent by the end of the fiscal year. If the project does not move
forward, it may prove to be problematic later on. Commissioner Keller suggested moving the
related agenda item #27 forward. Commissioner Wilsen clarified that if the City of Ocoee does
not move forward as soon as possible, then the City will be required to go through the bidding
process which would delay the process. Assistant City Manager Shadrix confirmed it would.
By commission consensus, Agenda Item #27 was brought forward:
27. Special Project Agreement with the State Department of Economic Opportunity for the
Joint Study.' of the State Road 429 Ioterchanges with 'the City; of Winter Garden.!
(Assistant City Manager Shadrix)
Assistant City Manager Shadrix provided the commission with a brief PowerPoint
presentation regarding the matter.
After the presentation, and regarding Emergency Item #2, for the reimbursement agreement with
the City of Winter Garden for the State Road 429 Interchange Plan:
Commissioner Keller, seconded by Commissioner Wilsen, moved to approve the
Reimbursement Agreement with the City of Winter Garden for the State Roa 429
Interchange Plan, as per staff s recommendation. Motion carried 4 -0 with
Commissioner Grogan absent.
Regarding Item #27, Special Project Agreement with the State Department of Economic
Opportunity for the Joint Study of the State Road 429 Interchanges with the City of Winter
Garden:
Commissioner Wilsen, seconded by Commissioner Keller, moved to appro the
Special Project Agreement with the State Department of Economic Opp ortunit y
for the Joint Study of the State Road 429 Interchanges with the City of Winter
Garden, as per staffs recommendation. Motion carried 4 -0 with Commissioner
Grogan absent.
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Regular Commission Meeting
December 2, 2014
3) On the dais in front of them is a replacement Annexation and Development Agreement
for McCormick Reserve PUD, item #15.
E COMMISSIONERS ANNOUNCEMENTS
Commissioner Keller — announced that Shop with a Cop will be held December 13, 2014, at the
Super Wal -Mart at 7:00 a.m. To register for this event please stop by the Ocoee Police
Department, Mondays, Tuesdays, Thursdays and Fridays, from 8:00am until 3:00pm. If you
have any questions, please contact Officer Patera Scott -Marsh at (407) 905 -3160 ext. 3024 or
Patera.scott@ocoee.org.
Commissioner Johnson — announced the 2 nd Annual Holiday Tree Lighting Celebration on
Saturday, December 6 from 4:00 p.m. to 9:00 p.m. at its historic Withers - Maguire House and
Ocoee Lakeshore Center. A lighting of the Holiday Tree will take place at 6:00 pm. on the lawn
of the Withers- Maguire House. The holiday event is open to the public. There will be a small fee
for different activities (pony rides, horse and carriage rides, face painting, snow slide, S'mores,
train ride and silent wreath auction), some activities are free (bounce houses and holiday arts and
crafts, sponsored by the Parks and Recreation Advisory Board). Santa Claus will visit the historic
Withers- Maguire House from 5:00p.m. — 9:00p.m. to find out who's been naughty or nice. The
Grinch will also be visiting the event from 4:00 — 9:00 pm.
Commissioner Wilsen — announced 1) the Parks and Recreation Department will be conducting
it annual Holiday Camp beginning December 22nd through December 28th. Parents interested in
signing their children up for a festive and fun filled time, can contact the Parks and Recreation
Department at 407 - 905 -3180. 2) It's that time of year to let the lights shine bright in Ocoee. The
Ocoee Parks and Recreation Advisory Board is hosting its Annual Holiday Lighting Contest. The
Parks and Recreation Department must receive entries by December 12th, with judging to begin
on December 15th. Entry forms are available at City Hall, at the Jim Beech Recreation Center,
and on the City website: www.ocoee.org. So drag out the lights, hang up the garland, put out the
glowing Santa and enter your home to win! 3) the Fire Department will be doing their annual
Operation Santa on December 2nd, 4th, 8th, 10th, 16 and 18 with rainout dates on the 15 and
19 of December. Unwrapped toys will also be collected during Santa's visit which will go to
the holiday toy program.
Mayor Vandergrift — announced Saturday. is the Annual Christmas Parade beginning at 1 p.m.
at the City's Public Works Department. The parade will begin in Winter Garden at 10 a.m.
F. CONSENT AGENDA
Commissioner Wilsen, seconded by Commissioner Keller, moved to approve the
Consent Agenda Items #1 through #11 and #13; with Item #12 being pulled for
separate consideration Motion carried 4 -0 with Commissioner Grogan abse
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Regular Commission Meeting
December 2, 2014
1. Approval of Minutes for the Regular Commission Meeting Held November .4, 2014.
(City Clerk Eikenberry)
Approved on Consent. Motion carried 4 -0 with Commissioner Grogan absent.
2. Reappointments to _ the Citizen Advisory Council for Ocoee Police Department.
(CACOPD). (City Clerk Eikenberry)
Members of the Citizen Advisory Council for Ocoee Police Department (CACOPD) serve three -year terms.
The Resolution creating the Board allows no more than fifteen (15) members. The board currently has ten (10)
members.
The terms of Members David Ball, Robert McKey and Jose Santana will expire in January 2015, and they have
indicated an interest in being considered for reappointment. Additionally, as a member on the CACOPD, Mr.
Ball also currently serves on the Violations Hearing Board since that board requires that two members be
appointed from among the membership of the CACOPD. There are no applications currently on file.
Approved on Consent Motion carried 4 -0 with Commissioner Grogan absent.
3. Reappointments to the Parks and Recreation Advisory Board. (City Clerk Eikenberry)
Members of the Parks and Recreation Advisory Board serve two -year terms. The Ordinance provides that the
Parks and Recreation Advisory Board membership shall consist of nine (9) members and whenever possible,
appointments to the Board may include one member from each of the following organizations: Ocoee Little
League, Ocoee Youth Soccer League (OYSL), Ocoee Bulldog Pop Warner Football, and West Orange Senior
Citizens Association. Currently the board has seven (7) members.
The two -year terms of Qubeliah Graham, Rob McKey, Jane Rainer, and Judy Rhodes ended October 2014.
Members Graham, McKey, and Rainer have all indicated they are willing to serve another two -year term, if
reappointed. Member Rhodes has declined reappointment. There are no applications currently on file.
Approved on Consent Motion carried 4 -0 with Commissioner Grogan absent.
4. Approval to Expend Forfeiture Monies to Law Enforcement Related Equipment
Needed to Outfit Three City of Ocoee Police Department` Members" of the' Central'
Florida Metro S.W.A.T. (Police Chief Brown)
The role of law enforcement in all cases, including riotous activity, anti - terrorist activities, insurrection,
barricaded subjects, execution of narcotics warrants, arrest of dangerous felons and the rescue of hostages or
endangered persons, is for the protection of lives and property. In the pursuit of this goal, the City of Apopka,
the City of Winter Park, the City of Maitland, the City of Ocoee, and the City of Winter Garden are integrating
their officers to provide combined S.W.A.T. services in all five jurisdictions.
The integrated team of specially selected and trained police officers from the participating political subdivisions
will respond to any incident where special weapons and tactics are needed within the member jurisdictions. In
order to fully participate, the City of Ocoee needs to outfit three specially selected officers with the required
special equipment and weapons and train the respective officers.
Approved on Consent Motion carried 4 -0 with Commissioner Grogan absent.
5. Award of Bid #B14 -06 Southwest Development Utility Improvements. (Purchasing
Agent Tolbert)
The City of Ocoee, Florida (City) solicited bids from qualified contractors to furnish labor, supervision,
materials, equipment, supplies and incidentals. The Southwest Development Utility Improvements Project is
divided into two (2) phases & this project is for Phase 1 Project Improvements. The bid was publicly advertised
on July 27, 2014, and opened on August 26, 2014. The Finance, Utilities, and Engineering Departments
reviewed all bids received and one was considered non - responsive for submitting an incorrect bid bond. The
remaining eight (8) bids received ranged from $249,751.00 to $393,562.00.
Staff recommends awarding the bid to GO Underground Utilities, LLC for $249,751.00, as the most responsive
and responsible bidder, per the recommendation from Charles K. Smith P.E. Utilities Director. The bid
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Regular Commission Meeting
December 2, 2014
submitted by GO Underground Utilities is $64,949.00 lower than the estimated amount of $314,700.00. Go
Underground has agreed to extend their bid an additional thirty (30) days to allow for award, as the ninety (90)
day period would have expired on November 24, 2014.
Approved on Consent. Motion carried 4 -0 with Commissioner Grogan absent.
6. Approval of Annual Traffic Signal Maintenance Contract Extension with Control
Specialists. (Public Works Director Krug)
The Commission approved utilizing Control Specialists for traffic signal maintenance at the September 15,
2009, meeting by piggy- backing on an existing City of Maitland Agreement. The agreement with Control
Specialists has provided proactive inspections and repairs for maintaining the City's traffic signals. Maitland
has extended their current contract one (1) year as allowed per the agreement. Public Works is requesting
Commission approval to extend our agreement with Control Specialists for the additional one (1) year period
per the piggy -back agreement. Control Specialists has maintained their pricing throughout the agreement
without a price increase.
Public Works has determined from discussions at the regional meetings that Control Specialists continues to
provide the most cost effective service option for Ocoee to proactively maintain our City's signal system. The
Streets Division budget incorporates up to $30,000.00 for monthly inspections and maintenance along with
$45,000.00 for unanticipated repairs and upgrades. Public Works recommends extending the agreement with
Control Specialists for one (1) additional year.
Approved on Consent. Motion carried 4 -0 with Commissioner Grogan absent.
7. Approval of Change Order No. 1 for Floral Street Improvements. (Public Works
Director Krug)
The City Commission awarded the Floral Street Improvements Project at the September 16, 2014, meeting to
Shuller Contractors, Inc., one of the City's Small Construction Projects Term Contract vendors. In order to
blend the existing grade of the yards, driveways and mailboxes with the new sidewalk, additional concrete work
was required for driveways and curbing to tie in the handicap ramp at Cumberland Avenue.
Public Works directed the additional work in order to allow the Contractor to complete the project within the
allotted time and provide a final product that harmonized the improvements with the existing terrain. Public
Works has reviewed and determined the pricing to be in line with or below industry standards and recommend
approval of the change order.
Approved on Consent. Motion carried 4 -0 with Commissioner Grogan absent.
.......................... .
8. Approval of Utilities Vacuum Truck Re- Build. (Public Works Director Krug)
The approved Utilities' Water Field Operations Division's 2014/2015 budget included funding for the re -build
of the 2005 VAC -CON truck, unit 815. This scheduled work is due to the normal wear on the equipment from
regular use. The authorized VAC -CON dealer in Florida is Southern Sewer Equipment Sales, in Fort Pierce,
which provided an estimate of $103,920.80 to complete the work. Southern Sewer Equipment Sales is the sole
source dealer for this brand of vacuum truck in Florida, however the pricing is in line with recent rebuild costs
for the Stormwater Division's Vactor model.
Public Works recommends awarding the work to Southern Sewer Equipment Sales.
Approved on Consent. Motion carried 4 -0 with Commissioner Grogan absent.
:9: Approval of 2014/2015 Budget Vehicle/Equipment Purchase. (Public Works Director,
Krug)
The City traditionally purchases vehicles and equipment through bids from the Florida Sheriffs Association's
annual contract. Public Works has researched pricing throughout the State and has found the Florida Sheriffs
Association continues to provide the lowest competitively bid pricing for vehicles. The City is a member of the
National Joint Purchasing Alliance (NJPA) and has found the lowest pricing for the Streets Division stump
grinder through this contract.
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December 2, 2014
Public Works recommends approval to purchase the vehicles from the Florida Sheriffs Association annual
contract based on the 2014/2015 published pricing and the NJPA contract #070313 -VRM. The cost of light and
medium duty pickup trucks has increased above the amounts anticipated in the budget and will require budget
transfers for the increases. Vehicles and equipment that are being replaced will be declared surplus and
auctioned. The electrical power stations for the Ford Focus are incorporated in the budget to include two (2)
overnight charging stations at Utilities and Public Works along with a public quick charge station at the City
Hall campus.
Approved on Consent. Motion carried 4 -0 with Commissioner Grogan absent.
10. Approval of Additional Design and Construction Services for the Roberson Road'
Improvement Project with Donald W. McIntosh Associates, Inc. (City Engineer:
Wheeler)
The City Commission approved the Annexation and Development Agreement for the Belmere Planned
Development at the August 5, 2008, Commission meeting. As a part of that Agreement, the City agreed to have
Unicorp, Inc., the developer, design, permit, and construct certain improvements to Roberson Road. Those
improvements generally include widening to four lanes the intersection with Maguire Road and west across the
frontage of the Belmere property and included sidewalks on both sides of the road, a closed drainage system,
and a dedicated left turn lane into the Casa Mirella apartment complex. Unicorp, Inc. was to employ their site
civil engineer, Donald W. McIntosh Associates, Inc. (DWMA), to prepare the roadway improvement plans.
The City would be responsible in securing any additional right -of -way and stormwater facilities as may be
required.
City staff has decided to not pursue condemnation to obtain additional lands outside the right of way and
therefore the design for the road and related work needs to be modified. The additional design services related
to fitting the road project within the existing ROW has exceeded Unicorp's commitment to design the project.
Staff has requested proposals from DWMA to perform this additional design to modify the plans and to also
provide construction related services as may be needed during the construction of the improvements. The plans
modification proposal is in the amount of $15,300 and the construction related services proposal is in the
amount of $10,580.
Approved on Consent Motion carried 4 -0 with Commissioner Grogan absent.
11. Approval of Distribution Easement with Duke Energy Florida, Inc. for the
Construction of a Left Turn lane into the Glad Tidings Church Property. (City,
Engineer Wheeler)
As part of this phase of the development of the Glad Tidings Church, they are being required to construct a left
turn lane for safer access to their property. The widening of the road for the turn lane will conflict with the
existing overhead distribution lines owned by Duke Energy Florida, Inc. Duke Energy is being required to
relocate it facilities by Orange County, who has jurisdiction over this section of Fullers Cross Road. The
relocation of the Duke Energy facilities will be at no expense to the City.
The City owns the property (parcel ID: 282206000000056) at the northeast corner of Fullers Cross and Ocoee -
Apopka Roads and adjacent to the Glad Tidings Church and plans to have the property developed in the future.
This parcel was one of the outlying parcels included in the purchase of land from Cocoa -Cola, Inc. for the
development of the Ocoee -Crown Point PUD project. The City has already secured 20 feet of property from
Glad Tidings for the future road widening of Fullers Cross Road. As part of the development of the City tract,
20 feet of land along Fullers Cross Road will also need to be dedicated to Public right -of -way for the future road
improvements, too.
Approved on Consent Motion carried 4 -0 with Commissioner Grogan absent.
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Regular Commission Meeting
December 2, 2014
12. Approval. of Installation of Street Lighting on SR 50 as pant of FDOT's Widening
Project from Good Homes Road to the Entrance to the West Oaks Mall. (City Engineer.
Wheeler)
The Florida Department of Transportation (FDOT) is nearing completion of the widening of the portion of SR 50
from Good Homes Road to the entrance to the West Oaks Mall. FDOT and the City have been working together to
have street lights installed along this portion of the road widening project. FDOT originally designed high pressure
sodium (HPS) lights for this section of the road widening and secured a bid from Lane Construction Company for
the installation as part of the overall project. This is FDOT's standard design — HPS lights on 40 foot poles.
The City wanted to look at using LED lights as opposed to the HPS lights. City staff looked to move towards
newer technology lighting; and FDOT has allowed LED lights on a few highway projects as test cases. Two main
options were explored: the City designing, permitting, and constructing the lights or the City contracting with Duke
Energy Florida, Inc. to design, permit and install the lights. Duke Energy provided the City with a cost proposal to
design, permit, and install the LED street light system for this section of the SR 50 widening. Duke Energy will
perform routine maintenance, repairs and replacements as needed, and maintain an inventory of pieces, parts,
fixtures, poles, etc. Duke Energy already has the trained personnel and equipment needed to install and maintain
the lighting system. Duke Energy's proposal to install the LED light system on the section of SR 50 from Good
Homes Road to the entrance to the West Oaks Mall is for $119,464.84.
FDOT is offering funding to the City for the installation of the LED street lights. The funding is not required to be
reimbursed, provided the City meets the terms and conditions of the Joint Participation Agreement. The amount of
funding being offered by FDOT is up to $120,000 to cover the cost of the installation of the street lights.
This item was pulled for separate consideration.
Commissioner Johnson inquired if the street lighting being installed on this Hwy 50 project
would be the same as the ones installed in Winter Garden. City Engineer Wheeler advised they
would not be. Commissioner Johnson opined that he did not want to see anything different than
what Winter Garden had. CRA Administrator Wagner explained that the lights they are getting
will be just as good as the lights in Winter Garden. It would be upgraded street lights and they
will be one of the first City's to have the upgraded LED lights. FDOT is offering funding to the
City for the installation of the LED street lights. After further discussion this item was tabled to
the next scheduled commission meeting so that staff could sit with the Commissioners
individually to discuss the lighting being proposed.
Commissioner Wilsen, seconded by Commissioner Johnson, moved to table
Approval of the Installation of Street Lighting on SR 50 as part of FDOT's
Widening Project from Good Homes Road to the Entrance to the West Oaks Mall
to the January 6, 2015, Commission Meeting. Motion carried 4 -0 with
Commissioner Grogan absent.
13. Approval of the Fire Service Agreement Between the City of Ocoee and the Town of
Windermere. (Fire Chief Hoover) _
The agreement in question is a renewal of the current agreement for fire services between Town of Windermere
and the Ocoee Fire Department. This is a five -year agreement for the provision of fire services, commencing
with the start of fiscal year on October 1, 2014 and terminating with the completion of the fiscal year ending
September 30, 2019. The services to be provided through this agreement include Fire Protection Services, Fire
Suppression Services, Emergency Medical Services, Emergency Rescue Services, Fire Investigation Services
and Public Service Incident Responses.
The current contract through the Town of Windermere for fire services did expire on September 30, 2014 and
the renewal of this agreement is necessary in order to continue to receive fire services from the Ocoee Fire
Department.
Approved on Consent Motion carried 4 -0 with Commissioner Grogan absent.
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December 2, 2014
G. FIRST READING OF ORDINANCE
14. Code of Ordinance Amendment — Reduction, of Impact Fees and the Deferral of the
Road Impact Fees Payments Extension until April 30, 2015 :(Second Re`adin'g and Public:
Hearing scheduled for January 6, 2014, Regular Commission Meeting at 7:15 p.m. or soon . lhereafter). (City
Planner Rumer)
The City's Transportation Impact Fee update is being reviewed for final comment and adjustment however will
not be ready to adopt before the sunshine date of December 31, 2014. Staff is requesting an additional extension
to adopt the updated Transportation Impact Fees in 2015. Also, per Florida Statute Section 163.31801: "Impact
Fee adjustments are required to be noticed no less than 90 days before the effective date of an ordinance or
resolution imposing a new or increased impact fee. A county or municipality is not required to wait 90 days to
decrease, suspend, or eliminate an impact fee." The additional time will give the City time to properly notice the
amendment if new fees or higher fees are proposed.
City Attorney Cookson read the title of the Ordinance. Mayor Vandergrift announced the
second reading and public hearing will be held on January 6, 2015, Regular Commission
Meeting at 7:15 p.m. or soon thereafter.
H. SECOND READING OF ORDINANCES — PUBLIC HEARINGS
15: McCormick Reserve. (Advertised in the West Orange Times on Thursday, November 20, 2014, and
Thursday, November 27, 2014). (Principal Planner Fabre)
The subject property is located on the south side of McCormick Road, east of Ingram Road and west of N.
Clarke Road. The subject site is approximately 45.09 acres in size of which 43.57 acres are uplands and 1.52
acres are designated as wetlands. The site is currently undeveloped with planted pine trees, a SFR with
accessory buildings (programmed to be removed when the property develops), wetlands and 100 -year
floodplain areas.
The McCormick Reserve PUD/Land Use Plan is a planned residential subdivision that proposes a total of 133
single - family detached residential lots with a requested density of 2.95 units per acre. The residential streets
(50' wide) are planned to be designated as public right -of -ways. The residential lots will be approximately (106)
50 feet by 120 feet and (27) 60 feet by 120 feet. The PUD has a minimum living area set at 1,500 square feet.
The development is proposed to be developed in two (2) phases. There are some waivers from the Land
Development Code that is currently requested. Most of the waivers were requested by staff to aid in the
hydrology of Trout Lake. Staff supports these waiver requests as presented.
a. Annexation Ordinance
Principal Planner Fabre gave a background summary of the proposed annexation which
included general location and future land use designation. The McCormick Reserve PUD /Land
Use Plan is a planned residential subdivision that proposes a total of 133 single - family detached
residential lots and will also include the extension of Clarke Road.
Commissioner Keller said he feels this is a good project and likes the idea that they are getting
some more land for Clarke Road.
City Attorney Cookson read the title of the annexation ordinance. Mayor Vandergrift opened
the public hearing. As no one wished to speak, the public hearing was closed.
Commissioner Keller, seconded by Commissioner Johnson, moved to approve
Annexation Ordinance No. 2014 -019 for McCormick Reserve per staff's
recommendation.
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Regular Commission Meeting
December 2, 2014
The ordinance, as adopted on second reading, carries the following title:
ORDINANCE NO. 2014-019
(Annexation Ordinance for McCormick Reserve)
TAX PARCEL ID:
33- 21 -28- 0000 -00 -013
33- 21 -28- 0000 -00 -040
33- 21 -28- 0000 -00 -011
CASE NO. AX- 08- 14 -47: McCormick Reserve
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE CORPORATE
LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL PROPERTY CONTAINING
APPROXIMATELY 45.09 ACRES LOCATED 0.25 MILES EAST OF INGRAM ROAD AND WEST
OF NORTH CLARKE ROAD, PURSUANT TO THE APPLICATION SUBMITTED BY THE
PROPERTY OWNER; 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 DATE.
b. Rezoning Ordinance to PUD
City Attorney Cookson read the title of the rezoning ordinance.
Mayor Vandergrift excused himself from the meeting advising that he was not feeling well. The
gavel was handed to Mayor Pro Tem Johnson. Mayor Pro Tern Johnson opened the public
hearing. As no one wished to speak, the public hearing was closed.
Commissioner Keller, seconded by Commissioner Wilsen, moved to approve
Rezoning Ordinance No. 2014 -020 for McCormick Reserve per staffs
recommendation Motion carried 3 -0 with Mayor Vandergrift and Commissioner
Grogan absent.
The ordinance, as adopted on second reading, carries the following title:
ORDINANCE NO. 2014-020
(Rezoning Ordinance for McCormick Reserve)
TAX PARCEL ID #:
33- 21 -28- 0000 -00 -013
33- 21 -28- 0000 -00 -040
33- 21 -28- 0000 -00 -011
CASE NO.14- 08 -07: MCCORMICK RESERVE
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING
CLASSIFICATION FROM ORANGE COUNTY A -1 TO OCOEE PUD ON CERTAIN REAL
PROPERTY CONTAINING APPROXIMATELY 45.09 ACRES LOCATED 0.25 MILES EAST
OF INGRAM ROAD AND WEST OF NORTH CLARKE ROAD, PURSUANT TO THE
APPLICATION SUBMITTED BY THE PROPERTY OWNER; FINDING SUCH ZONING TO BE
CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN; PROVIDING FOR AND
AUTHORIZING THE REVISION OF THE OFFICIAL CITY ZONING MAP; REPEALING
INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN
EFFECTIVE DATE.
.. ............................... .
......... ............. ......
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Regular Commission Meeting
December 2, 2014
c. Land Use Plan
Mayor Pro Tem Johnson opened the public hearing. As no one wished to speak, the public
hearing was closed.
Commissioner Keller, seconded by Commissioner Wilsen, moved to approve the
Land Use Plan for McCormick Reserve per staff's recommendation. Motion
carried 3 -0 with Mayor Vandergrift and Commissioner Grogan absent.
d. Annexation and Development Agreement (Not a Public Hearing)
City Attorney Cookson advised that the annexation and development agreement is required by
the code. They worked together with the owner and developer to develop this annexation and
development agreement and are still waiting on one exhibit to be prepared to finalize the
agreement.
Commissioner Keller, seconded by Commissioner Wilsen, moved to approve the
Annexation and Development Agreement for McCormick Reserve subject to
finalization of the agreement with the inclusion of the appropriate exhibits. Motion
carried 3 -0 with Mayor Vandergrift and Commissioner Grogan absent.
16.Ocoee Pines Parcels A -D. (Advertised in the West Orange Times on Thursday, November 20, 2014, and
Thursday, November 27, 2014). (Principal Planner Fabre)
The subject parcels are vacant and undeveloped. The subject land parcels are remnants of a historic (circa
1920s) residential subdivision that was never developed. In 2006, the surrounding property was re- platted as
"Ocoee Pines" and annexed into the City of Ocoee. The subject parcels were not included as part of the Ocoee
Pines annexation completed in 2006 because of lack of ownership at that time. The subject parcels are now
owned by the Ocoee Pines (JTD Land at Ocoee, LLC) developers and are being requested be part of the existing
Ocoee Pines PUD.
a. Annexation Ordinance
Principal Planner Fabre advised the subject parcels were not included as part of the Ocoee
Pines annexation completed in 2006 because of lack of ownership at that time. The subject
parcels are now owned by the Ocoee Pines (JTD Land at Ocoee, LLC) developers and are being
requested be part of the existing Ocoee Pines PUD. Staff recommends approval of the
annexation.
City Attorney Cookson read the title of the annexation ordinance.
Mayor Pro Tem Johnson opened the public hearing.
Heather Himes, Akerman, LLP, said she represents the property owner and is available should
the Commission have any questions.
As no one wished to speak, the public hearing was closed.
City Attorney Cookson clarified that for Items #16, #17, and #18, there are some exhibits to the
ordinances and agreements that are still being put together as part of this project so staff's
recommendation is for approval of all items subject to finalization of the ordinances and
agreements to include the appropriate exhibits.
11 I Page
Regular Commission Meeting
December 2, 2014
Commissioner Wilsen, seconded by Commissioner Keller, moved to approve
Annexation Ordinance No. 2014 -024 for Ocoee Pines Parcels A -D subject to
finalization of the ordinance to include the appropriate exhibits. Motion carried 3-
0 with Mayor Vandergrift and Commissioner Grogan absent.
The ordinance, as adopted on second reading, carries the following title:
ORDINANCE NO. 2014 -024
(Annexation Ordinance for Ocoee Pines — Parcels A through D)
TAX PARCEL ID:
05- 22 -28- 9152 -22 -280
05- 22 -28- 6432 -00 -005
05- 22 -28- 6432 -00 -003
CASE NO. AX- 09- 14 -48: OCOEE PINES — PARCELS A THROUGH D
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE CORPORATE LIMITS OF
THE CITY OF OCOEE, FLORIDA, CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 0.84
ACRES CONSISTING OF SEVERAL TRACTS LOCATED NORTHWEST AND SOUTHEAST OF
CLARCONA - OCOEE ROAD, EAST OF THE FOREST LAKE GOLF COURSE, PURSUANT TO THE
APPLICATION SUBMITTED BY THE PROPERTY OWNER; 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 DATE.
b. Rezoning Ordinance to PUD
City Attorney Cookson read the title of the rezoning ordinance.
Mayor Pro Tem Johnson opened the public hearing. As no one wished to speak, the public
hearing was closed.
Commissioner Wilsen, seconded by Commissioner Keller, moved to approve
Rezoning Ordinance No. 2014-025 for Ocoee Pines Parcels A -D subject to
finalization of the ordinance to include the appropriate exhibits. Motion carried 3-
0 with Mayor Vandergrift and Commissioner Grogan absent.
The ordinance, as adopted on second reading, carries the following title:
ORDINANCE NO. 2014 -025
(Rezoning Ordinance for Ocoee Pines - Parcels A through D)
TAX PARCEL ID #:
05- 22 -28- 9152 -22 -280
05- 22 -28- 6432 -00 -005
05- 22 -28- 6432 -00 -003
CASE NO. RZ- 14- 09 -09: OCOEE PINES — PARCELS A THROUGH D
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION
FROM ORANGE COUNTY A -1, TO OCOEE PUD ON CERTAIN REAL PROPERTY CONTAINING
APPROXIMATELY 0.84 ACRES CONSISTING OF SEVERAL TRACTS LOCATED NORTHWEST AND
SOUTHEAST OF CLARCONA - OCOEE ROAD, EAST OF THE FOREST LAKE GOLF COURSE, PURSUANT
TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; FINDING SUCH ZONING TO BE
CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN; PROVIDING FOR AND AUTHORIZING THE
REVISION OF THE OFFICIAL CITY ZONING MAP; REPEALING INCONSISTENT ORDINANCES;
PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
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Regular Commission Meeting
December 2, 2014
17. Ocoee Pines Parcels E -F. (Advertised in the West Orange Times on Thursday, November 2Q 2014, and
Thursday, I November 27, 2014). (Principal Planner Fabre)
The subject parcels are vacant and undeveloped. The subject land parcels are remnants of a historic (circa
1920s) residential subdivision that was never developed. In 2006, the surrounding property was re- platted as
"Ocoee Pines" and annexed into the City of Ocoee. The subject parcels were not included as part of the Ocoee
Pines annexation completed in 2006 because of lack of ownership at that time. The subject two (2) parcels are
now owned by the Ocoee of Ocoee through eminent domain. The parcels are planned to be incorporated into the
Ocoee Pines PUD with the stipulation to be used (right -of -way, recreation, public facility, et. al.) for a public
purpose.
a. Annexation Ordinance
Principal Planner Fabre gave a background summary of the proposed annexation. The subject
parcels were not included as part of the Ocoee Pines annexation completed in 2006 because of
lack of ownership at that time. The subject two (2) parcels are now owned by the Ocoee of
Ocoee through eminent domain. The parcels are planned to be incorporated into the Ocoee Pines
PUD with the stipulation to be used (right -of -way, recreation, public facility, et. al.) for a public
purpose.
City Attorney Cookson read the title of the annexation ordinance.
Mayor Pro Tem Johnson opened the public hearing. As no one wished to speak, the public
hearing was closed.
Commissioner Keller, seconded by Commissioner Wilsen, moved to approve
Annexation Ordinance No. 2014 -026 for Ocoee Pines Parcels E -F subiect to
finalization of the ordinance to include the appropriate exhibits. Motion carried 3-
0 with Mayor Vandergrift and Commissioner Grogan absent.
The ordinance, as adopted on second reading, carries the following title:
ORDINANCE NO. 2014 -026
(Annexation Ordinance for Ocoee Pines — Parcels E and F)
TAX PARCEL ID:
28- 22 -05- 9152 -26 -470
28- 22 -05- 9152 -09 -010
CASE NO. AX- 09- 14 -49: OCOEE PINES — PARCELS E AND F
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE
CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL PROPERTY
CONTAINING APPROXIMATELY 0.22 ACRES CONSISTING OF SEVERAL TRACTS
LOCATED NORTHWEST AND SOUTHEAST OF CLARCONA - OCOEE ROAD, EAST OF THE
FOREST LAKE GOLF COURSE, PURSUANT TO THE APPLICATION SUBMITTED BY THE
PROPERTY OWNER; 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 DATE.
.... ......................_......_. .
13 Page
Regular Commission Meeting
December 2, 2014
b. Rezoning Ordinance to PUD
City Attorney Cookson read the title of the rezoning ordinance.
Mayor Pro Tem Johnson opened the public hearing. As no one wished to speak, the public
hearing was closed.
Commissioner Keller, seconded by Commissioner Wilsen, moved to approve
Rezoning Ordinance No. 2014 -027 for Ocoee Pines Parcels E -F subiect to
finalization of the ordinance to include the appropriate exhibits. Motion carried 3-
0 with Mayor Vandergrift and Commissioner Grogan absent.
The ordinance, as adopted on second reading, carries the following title:
ORDINANCE NO. 2014 -027
(Rezoning Ordinance for Ocoee Pines - Parcels E and F)
TAX PARCEL ID #:
28- 22 -05- 9152 -26 -470
28- 22 -05- 9152 -09 -010
CASE NO. RZ- 14- 09 -10: OCOEE PINES —PARCELS E AND F
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING
CLASSIFICATION FROM ORANGE COUNTY A -1 TO OCOEE PUD ON CERTAIN REAL
PROPERTY CONTAINING APPROXIMATELY 0.22 ACRES CONSISTING OF SEVERAL
TRACTS LOCATED NORTHWEST AND SOUTHEAST OF CLARCONA - OCOEE ROAD,
EAST OF THE FOREST LAKE GOLF COURSE, 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.
18. Ocoee Pines = Substantial Amendment to PUD Land Use Plan and First Amendment to
Development, Agreement. (Advertised in the West Orange Times on Thursday, No'venmer 20, 2014). "?
(Principal Planner Fabre)
The Ocoee Pines PUD property includes approximately 101 acres of land and is generally located northwest of
Clarcona -Ocoee Road and southeast of Forest Lake Golf Course. The property is currently vacant, wooded and
undeveloped. The property was originally a remnant of a historic (circa 1920s) residential subdivision (West
Orange Park) that was never developed. Basically, the site is a redevelopment of this historic platted
subdivision. It was determined that the historic plat could have potentially been vested for 352 residential units.
On July 17, 2007, the Ocoee Pines PUD was officially approved by the City Commission with a mixture of
single- family residence (SFR) and a Townhome (TH) component. On November 4, 2008, the Final Subdivision
Plan (FSP) was approved by the City Commission for a maximum of (189 SFR + 154 TH) 343 dwelling units.
The site is partially cleared but never finished due to the previous owner /developer defaulting on the FSP
project. Currently, Orange County has completed the major roadway realignment improvements for Clarcona-
Ocoee Road which now runs through the subject site. The Land Use Plan originally indicated townhomes on the
northeast portion of the PUD; however, due to the current market conditions, the applicant has modified the
plan to include only single - family as the primary residential use. As a result, the overall density has been
reduced (62 units less) to a total of 281 SFR.
14 Page
Regular Commission Meeting
December 2, 2014
a. Amendment to PUD Land Use Plan Ordinance
Principal Planner Fabre advised the Land Use Plan originally indicated townhomes on the
northeast portion of the PUD; however, due to the current market conditions, the applicant has
modified the plan to include only single- family as the primary residential use. The following
modifications are proposed with this amendment submittal:
• No townhome component;
• Maximum number of dwelling units 281;
• The amended residential lots indicate: Lot Type I = 109 (75' x 115') with a minimum
living area of 2,000 square feet, and Lot Type II = 172 (50' x 120') with a minimum living area
of 1,800 square feet.
Mayor Pro Tem Johnson opened the public hearing. As no one wished to speak, the public
hearing was closed.
Commissioner Wilsen, seconded by Commissioner Keller, moved to approve
Ordinance No. 2014 -028 for Ocoee Pines Substantial Amendment to PUD Land
Use Plan subject to finalization of the ordinance to include the appropriate
exhibits. Motion carried 3 -0 with Mayor Vandergrift and Commissioner Grogan
absent.
The ordinance, as adopted on second reading, carries the following title:
ORDINANCE NO. 2014 -028
(Substantial Amendment to PUD Ordinance for Ocoee Pines)
TAX PARCEL ID #:
05- 22 -28- 9152 -26 -470
05- 22 -28- 6432 -00 -003
05- 22 -28- 6432 -00 -004
05- 22 -28- 6432 -00 -005
05- 22 -28- 6432 -00 -006
05- 22 -28- 6432 -00 -007
05- 22 -28- 9152 -09 -010
05- 22 -28- 9152 -02 -260
05- 22 -28- 9152 -39 -220
05- 22 -28- 9152 -22 -280
CASE NO. RZ- 13- 10 -08: Ocoee Pines
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA APPROVING A SUBSTANTIAL
AMENDMENT TO THE LAND USE PLAN FOR THE OCOEE PINES PUD ON CERTAIN REAL
PROPERTY LOCATED NORTHWEST AND SOUTHEAST OF CLARCONA OCOEE ROAD, EAST
OF THE FOREST LAKE GOLF COURSE, AS PETITIONED BY THE PROPERTY OWNER;
AMENDING THE OCOEE PINES PUD LAND USE PLAN TO ADD ADDITIONAL PARCELS TO
THE PUD; ELIMINATING TOWNHOMES AND REDUCING THE LOT WIDTHS OF THE SINGLE
FAMILY LOTS WITHIN THE PUD; REPEALING INCONSISTENT ORDINANCES; PROVIDING
FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
151Page
Regular Commission Meeting
December 2, 2014
b. First Amendment to Development Agreement (Not a Public Hearing)
Commissioner Wilsen, seconded by Commissioner Keller, moved to approve
First Amendment to Development Agreement for Ocoee Pines subject to
finalization of the agreement to include the appropriate exhibits. Motion carried 3-
0 with Mayor Vandergrift and Commissioner Grogan absent.
19. Homes In Partnership — 2 " Street. (Advertised in the West Orange Times on Thursday, November 20,
2014, and Thursday, November 27, 2014). (City Planner Rumer)
The subject properties are located on the west side of 2nd Street and approximately 250 feet north of the
intersection of Nay Avenue and 2nd Street. The subject property is located within the Ocoee - Orange County
Joint Planning Area (JPA) and is being considered for annexation as outlined in the JPA Agreement. City staff
is concurrently requesting rezoning of the property to R -1 (Single- Family Dwelling). 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. Annexation Ordinance
City Planner Rumer gave a background summary of the proposed annexation which included
general location and future land use designation. The properties currently exist in Orange County
and comply with the zoning in the area.
City Attorney Cookson read the title of the annexation ordinance.
Mayor Pro Tem Johnson opened the public hearing. As no one wished to speak, the public
hearing was closed.
r Wilsen. seconded by Commissioner Keller, moved to
Annexation Ordinance No. 2014 -021 for Homes In Partnership — 2"" Street per
staff's recommendation. Motion carried 3 -0 with Mayor Vandergrift and
Commissioner Grogan absent.
The ordinance, as adopted on second reading, carries the following title:
ORDINANCE NO. 2014-021
(Annexation Ordinance For 2ND Street, Homes in Partnership)
TAX PARCEL ID #s 17- 22 -28- 3624 -02 -040 and 17- 22 -28- 3624 -02 -050;
CASE NO. AX- 07- 14 -45: Homes in Partnership Annexation
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE
CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL PROPERTY
CONTAINING APPROXIMATELY 0.31 ACRES LOCATED ON THE WEST SIDE OF 2nd
STREET, APPROXIMATELY 250 FEET NORTH OF THE INTERSECTION OF Nay avenue
AND 2nd STREET; PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY
OWNER, 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 DATE.
........ .....___._.._._................
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Regular Commission Meeting
December 2, 2014
b. Rezoning Ordinance
City Attorney Cookson read the title of the rezoning ordinance.
Mayor Pro Tem Johnson opened the public hearing. As no one wished to speak, the public
hearing was closed.
nded by Commissioner Keller, moved to a
Rezoning Ordinance No. 2014 -022 for Homes In Partnership — 2 "° Street per staff's
recommendation. Motion carried 3 -0 with Mayor Vandergrift and Commissioner
Grogan absent.
The ordinance, as adopted on second reading, carries the following title:
ORDINANCE NO. 2014-022
(Rezoning Ordinance For 2ND Street, Homes in Partnership)
TAX PARCEL ID # 17- 22 -28- 3624 -02 -040 and 17- 22 -28- 3624 -02 -050;
CASE NO. RZ- 14- 07 -05: Homes in Partnership Rezoning
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING
CLASSIFICATION FROM ORANGE COUNTY R -1, "Low Density Residential" TO OCOEE R -1,
"SINGLE FAMILY DWELLING," ON CERTAIN REAL PROPERTY CONTAINING
APPROXIMATELY 0.31 ACRES LOCATED ON THE WEST SIDE OF 2nd STREET,
APPROXIMATELY 250 FEET NORTH OF THE INTERSECTION OF nay avenue AND 2nd
StrEet; PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER,
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 FOR AN EFFECTIVE DATE.
20. Homes In Partnership — 2 " d Street and Whittier Avenue Annexation Ordinance.
(Advertised in the West Orange Times on Thursday, November 20, 2014, and Thursday, November 27, 2014).
(City Planner Rumer) -
The subject properties are located on the west side of 2nd Street and east side of Whittier Avenue,
approximately 150 feet north of Silver Star Road. The subject property is located within the Ocoee - Orange
County Joint Planning Area (JPA) and is being considered for annexation as outlined in the JPA Agreement.
City Planner Rumer advised that the property pursuant to the Joint Planning Area (JPA) is
slated to have a land use of office so when Homes In Partnership approached the City about
obtaining water it was decided Homes in partnership would retain the Orange County zoning of
R -1 to permit single family homes. The City will permit six (6) single family homes under the
Orange County zoning; rezoning will be cleared up under the next JPA amendment.
City Attorney Cookson read the title of the annexation ordinance.
Mayor Pro Tem Johnson opened the public hearing. As no one wished to speak, the public
hearing was closed.
17 Page
Regular Commission Meeting
December 2, 2014
nded by Commissio Keller, moved
Annexation Ordinance No. 2014 -023 for Homes In Partnership — 2n° Street and
Whittier Avenue per staffs recommendation. Motion carried 3 -0 with Mayor
Vandergrift and Commissioner Grogan absent.
The ordinance, as adopted on second reading, carries the following title:
ORDINANCE NO. 2014 -023
(Annexation Ordinance For 2nd and Whittier, Homes in Partnership)
TAX PARCEL ID #s 17- 22 -28- 3624 -01 -010, 17- 22 -28- 3624 -01 -020, 17- 22 -28- 3624 -01 -030, 17- 22- 28 -3624-
01 -160, 17- 22 -28- 3624 -01 -170, and 17- 22 -28- 3624 -01 -180;
CASE NO. AX- 07- 14 -50: Homes in Partnership Annexation
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE CORPORATE
LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL PROPERTY CONTAINING
APPROXIMATELY 0.93 ACRES LOCATED ON THE WEST SIDE OF 2nd AND EAST SIDE OF
WHITTIER AVENUE, APPROXIMATELY 150 FEET NORTH OF E SILVER STAR ROAD;
PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER, 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 DATE.
21. Comprehensive Plan Amendment Ordinance — Capital Improvements Element Update.
(Advertised in the West Orange Times on Thursday, November 20, 2014). (City Planner Rumer)
The Capital Improvement Element (CIE) of the City of Ocoee Comprehensive Plan is a requirement of Chapter
163, Florida Statutes (FS) and enables implementation of the Plan goals, objectives, and policies needing capital
funding for a 5 -20 year planning horizon. Each year, the table section of the CIE will be updated to ensure that
the adopted list of capital projects in the CIE matches the City's newly adopted fiscal year budget and approved
five year Capital Improvements Program (CIP). The CIE does not propose any new projects not previously
reviewed and approved by the Commission.
The Florida Legislature enacted legislation allowing adoption of the annual amendment to the CIE to be
accomplished with a single public adoption hearing. Additionally, State Statute no longer requires a copy of the
Ordinance to be transmitted to the Florida Department of Economic Opportunity (FKA: Department of
Community Affairs "DCA "). Therefore, adoption of this Ordinance is final in its form and content.
City Planner Rumer explained this is the Capital Improvement Program which this
Commission approved during the budget process. It is a statutory requirement to place it in the
Comprehensive Plan each year which is done through a public hearing. State Statute no longer
requires a copy of the Ordinance to be transmitted to the Florida Department of Economic
Opportunity (FKA: Department of Community Affairs "DCA "). Therefore, adoption of this
Ordinance is final in its form and content.
City Attorney Cookson read the title of the ordinance.
The public hearing was opened. As no one wished to speak the public hearing was closed.
Commissioner Keller, seconded by Commissioner Johnson, moved to approve
the Comprehensive Plan Amendment Ordinance — Capital Improvements Element.
Motion carried 3 -0 with Mayor Vandergrift and Co mmissioner Grogan absent.
181Page
Regular Commission Meeting
December 2, 2014
The ordinance, as adopted on second reading, carries the following title:
ORDINANCE NO. 2014-029
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA AMENDING THE OCOEE
COMPREHENSIVE PLAN AS ADOPTED IN 1991, AS AMENDED, IN ORDER TO COMPLY
WITH SECTION 163.3177, FLORIDA STATUTES; AMENDING THE CAPITAL
IMPROVEMENTS ELEMENT OF THE COMPREHENSIVE PLAN; PROVIDING FOR
SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
I. PUBLIC HEARINGS
22. Award ; of RFP #14 -004 Exclusive Commercial and Multi- Family Solid Waste
Franchise: (Advertised in the Orlando Sentinel 'on October 30` ", November 6 November; 13` and
November 20 2010. (Purchasing Agent Tolbert)
The RFP was advertised on August 10, 2014, and was publicly opened on September 24, 2014. There were a
total of eight (8) proposals received. The Finance and Public Works Departments reviewed the proposals and all
were considered responsive. The public RFP evaluation committee meeting was held on October 15, 2014, with
the Evaluation Committee evaluating and short- listing the firms on specific evaluation criteria. After discussion
and vote, the Evaluation Committee short- listed the following three (3) firms in ranked order, and recommends
awarding the franchise to the top ranked firm, Progressive Waste Solutions of Florida Inc. with the second
ranked firm, Advanced Disposal Services Solid Waste Southeast Inc. as an alternate should franchise
negotiations fail with Progressive.
Purchasing Agent Tolbert explained before them is the award of RFP #14 -004 Exclusive
Commercial and Multi - Family Solid Waste Franchise which is a public hearing and will need to
be opened before they award. The RFP was advertised on August 10, 2014, and was publicly
opened on September 24, 2014. There were a total of eight (8) proposals received. There was an
Evaluation Committee consisting of five (5) members who met on October 15, 2014. The
recommendation of the committee was to award the franchise to the existing hauler, Progressive
Waste Solutions of Florida Inc., for a five (5) year period and authorize the mayor and staff to
execute all documents pertaining to the franchise agreement.
Mayor Vandergrift opened the public hearing.
Tal Johnson with Advanced Disposal Services (fka Viola) said they came in at a lower bid and
ranking than Progressive Waste Solutions and is asking the City to also consider that they have
worked with them before. He wanted to be sure that there are no concerns with transitioning
since they are professionals at what they do. They are asking to be recommended for this award.
Fred Hopkins with Progressive Waste Solutions said they have been honored to service the City
for the last few years. They have offered excellent service and the City has received positive
feedback regarding them. They would like to continue their relationship with the City.
Mayor Vandergrift closed the public hearing.
Mayor Vandergrift said he is an advocate of handling this in -house and inquired if the City also
bid on this award. Public Works Director Krug said that he did put together an updated
proposal on the costs of doing this internally (in- house) and he could not compare to the costs the
larger firms could offer. The City would have to raise their costs for commercial solid waste
191Page
Regular Commission Meeting
December 2, 2014
which would make them higher than anyone in the region just to cover the capital costs to start
up. Krug clarified that he did not submit a bid but does have the calculations.
Public Works Director Krug briefly explained the ranking of the three top companies. He
further advised that the recommendation was to go with Progressive Waste Solutions because the
business community is happy with their service and it avoids them having to go through a change
with financing and payments. Mayor Vandergrift inquired when the franchise agreement would
take effect. It was explained that the contract was extended through the end of the month with
Progressive Waste Solutions in order to facilitate if there would be a change. If they award the
bid to Progressive they would go right into a contract; however, if they go with another vendor
they would ask to extend Progressive's contract so they could do a transition.
Commissioner Wilsen briefly shared her concerns about not wanting to have the same negative
comments they had the last time with businesses regarding the service they had received. Public
Works Director Krug said Progressive is doing a great job which is why they are
recommending they stay with them. Purchasing Agent Tolbert shared that Progressive Waste
rate of $18.36 is lower than the $20.74 they are charging in the current franchise.
Commissioner Wilsen, seconded by Commissioner Keller, moved to Award of
RFP #14 -004 Exclusive Commercial and Multi - Family Solid Waste Franchise to
Progressive Waste Solutions of Florida Inc. per staffs recommendation. Motion
carried 4 -0 with Commissioner Grogan absent.
23. Approval of Resolution for Inspired Living Assisted Living. Facility and Memory Care:
Project Financing. (Advertised in the Orlando Sentinel on Tuesday, November 18, 2010. (City'
Attorney Cookson)
In the summer of 2013 Windermere Senior Living, LLC ( "WSL ") processed an application with the City for the
construction of a senior living facility on the north side of Roberson Road just east of the Roberson Rd.
/Windermere Rd. intersection. This senior living facility had an affiliation with the NFL Players Association.
WSL originally sought the assistance of the City in obtaining conduit financing pursuant to the Florida
Industrial Development Financing Act. Under this arrangement, the City would have issued bonds as a loan to
WSL for the acquisition of the property and the development of the facility. The City and WSL could not agree
on terms for the issuance of the bonds through the City. WSL subsequently secured a different financing
source, Capital Trust Agency ( "Capital Trust "), to issue the bonds for the project. Despite the replacement
financing source, WSL failed to move forward with project.
With WSL no longer pursuing the original project, a new applicant, Senior Care Living V, LLC (the
"Applicant ") desires to move forward with a similar project on a site near the original WSL project site. The
Applicant intends to construct a senior living facility which will contain approximately, 121 assisted living units
accommodating 151 beds, including a 3 -story building containing approximately 105,000 square feet and
related facilities, fixtures, furnishings and equipment, to be located at 1060 Tomyn Boulevard near the western
entrance to the Brookstone subdivision.
The Applicant's project will also be financed by the issuance of revenue bonds issued by Capital Trust. As with
the WSL project, the Applicant's project and financing requires that the City hold a TEFRA hearing and adopt a
TEFRA Resolution. Adoption of the TEFRA Resolution does not bind the City with regard to issuance of City
bonds or any City commitment for financing and does not obligate the City to approve the project. However,
adoption of the TEFRA Resolution does allow the Applicant to obtain an allocation of the statewide private
activity bond volume cap for the financing. The actual issuance of the bonds through Capital Trust will come at
a later date, should the Applicant and Capital Trust decide to proceed with the project.
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City Attorney Cookson offered the history of this item. Approximately 1.5 years ago, the City
received an application for an assisted living facility with an affiliation to the NFL Association;
however, the project was unsuccessful. A new developer has applied for the same type of project,
slated for the same general area, with a similar financing structure. The same requirements stand,
the City is to provide the TEFRA notice and adopt a TEFRA Resolution. The City will not have
liability for the debt service, as the City is not a guarantor under the bonds.
Commissioner Keller inquired if the City would have any type of liability for this project. City
Planner Rumer explained that the developer has done these type projects before and is also
invested in the property. City Attorney Cookson explained the City has no liability and is not
responsible for any of the bonds.
City Attorney Cookson read the title of the resolution.
The public hearing was opened. As no one wished to speak the public hearing was closed.
The resolution carries the following title:
RESOLUTION NO. 2014-10
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA
APPROVING THE ISSUANCE BY THE CAPITAL TRUST AGENCY OF REVENUE BONDS
IN ORDER TO PROVIDE PROCEEDS FOR THE FINANCING OF A SENIOR LIVING
FACILITY TO BE LOCATED IN THE CITY OF OCOEE, FLORIDA; APPROVING THE
ISSUANCE OF THE REVENUE BONDS FOR PURPOSES OF SECTION 147(F) OF THE
INTERNAL REVENUE CODE; PROVIDING FOR OTHER RELATED MATTERS; AND FOR
PROVIDING FOR AN EFFECTIVE DATE.
Commissioner Keller, seconded by Commissioner Johnson, moved to adopt
Resolution 2014 -10, for Inspired Living Assisted Living Facility and Memory Care
Proaect Financing, per staff recommendations. Motion carried 3 -0 with Mayor
Vandergrift and Commissioner Grogan absent.
J. REGULAR AGENDA
24. Code Enforcement Reduction of Two Fines /Liens for U.S. Bank National Association,
Trustee re: 710 Crystal Drive. (Assistant Director of Support Services Gaines)
The property located at 710 Crystal Drive has two separate fines /liens from separate code enforcement actions;
they are being presented as a single agenda item so the property owner can be provided a single solution.
Case 12 -102:
The property was cited on June 18, 2012, by Officer Theresa Rodriguez for miscellaneous junk and debris and
an unsafe dirty swimming pool. On August 28, 2012, the Code Enforcement Board issued an order to comply
by September 12, 2012, or be fined $100.00 per day per violation and allow the city to abate the property if it
was not in compliance by the ordered date. On September 25, 2012, the Code Enforcement Board imposed the
accruing fine and lien for non - compliance of 115 -3 and 115 -6. On November 13, 2012, the property was
documented as in compliance via city contracted abatement, thus stopping the accruing fine with a total due of
$12,825.00. The new property owner, U.S. Bank National Association Trustee, obtained the property through
foreclosure on July 29, 2014. The property is now being maintained.
Case 13 -152:
The property was cited on October 10, 2013, by Officer Edward Loeffler for wide -open unsecured access to a
partially buried above - ground swimming pool with unsanitary green water and tall weeds and grass. On
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December 2, 2014
November 26, 2013, the Code Enforcement Board issued an order to comply by December 10, 2013, or be fined
$75.00 per day per violation and to allow the city to initiate abatement, if it so chooses, if not in compliance
with the Board's orders. On January 28, 2014, the Code Enforcement Board imposed the accruing fine and lien
for non - compliance. The property was found to be in compliance on April 25, 2014, stopping the accruing fine
with a total due of $30,375.00. We understand that this lien was filed after the Lis Pendens and before the
Certificate of Title. The new property owner, U.S. Bank National Association Trustee, brought the property into
compliance.
A representative of U.S. Bank National Association Trustee, the new property owner, appeared before the Code
Enforcement Board on October 28, 2014, and requested a reduction of the fine /lien amount of $12,825.00 for
Case No. 12 -102 and $30,375.00 for Case No. 13 -152, which totals $43,200.00.
Support Services Director Butler advised these are two cases being presented as a single
agenda item so the property owner can be provided a single solution. He gave a brief history of
the cases and further advised that the Code Enforcement Board recommends the fine /lien be
reduced to a total of $3911.00, which is the cost to the City and a penalty for the negative
blighted impact on the neighborhood and the city.
Commissioner Wilsen commented that she received many complaints regarding this property
and it saddens her when it takes banks so long to get into the property to clean it up. Support
Service Director Butler advised that the bank did go through an accelerated process compared
to how long it would have taken them. A brief discussion ensued.
Commissioner Wilsen, seconded by Commissioner Keller, moved to approve the
Code Enforcement Reduction of Two Fines /Liens for U.S. Bank National
Association Trustee re: 710 Crystal Drive to $3911.00, as recommended by the
Code board, and to be paid within 60 days or the fine will revert back to original
fine amount. Motion carried 3 -0 with Mayor Vandergrift and Commissioner
Grogan absent.
25. Approval of Resolution Authorizing Execution of CAF Agreements and a Right of
Entry Agreement for Welcome Signs. (CRA Administrator Wagner)
In order to finalize permits with the Florida Department of Transportation to place Ocoee welcome signs in
State rights -of -way, legal agreements must be executed to specify the conditions under which the signs are to be
placed and constructed. These are standardized agreements which place all liability on the City for fabrication,
installation and maintenance of the structures.
CRA Administrator Wagner advised they are in the final stages with FDOT in getting the three
remaining signs up on Silver Star Road and State Road 50. He briefly explained the agreements
and resolution needed so they can move forward.
City Attorney Cookson read the title of the resolution.
Commissioner Wilsen, seconded by Commissioner Keller, moved to approve
Resolution No. 2014 -009 Authorizing Execution of CAF Agreements and a Right
of Entry Agreement for Welcome Signs. Motion carried 3 -0 with Mayor Vandergrift
and Commissioner Grogan absent.
The resolution carries the following title:
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RESOLUTION 2014 -009
CAF(s) #2014 -M- 594 -1, 2 &3 & Right of Entry Agreement
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE
COMMUNITY AESTHETIC FEATURE (CAF) AGREEMENTS BETWEEN THE CITY OF
OCOEE AND THE FLORIDA DEPARTMENT OF TRANSPORTATION AND A RIGHT OF
ENTRY AGREEMENT BETWEEN THE CITY OF OCOEE AND THE CENTRAL FLORIDA
EXPRESSWAY AUTHORITY FOR THE INSTALLATION AND MAINTENANCE OF
STAND -ALONE LOCAL ID MARKERS BY THE CITY; SETTING FORTH AN EFFECTIVE
DATE.
26. Proposed Costs for Lighting Trees along Starke Lake and Lakeshore Drive. (Parks and
Recreation Director Hayes)
The City Commission requested city staff to provide an estimated cost to install lights in the trees that are
located along Starke Lake. Public Works and Parks and Recreation staff have looked at the site to review
electrical needs and additional requirements to light the desired trees. There are 21 trees located in the area that
is identified for tree lighting along the lake; these include 17 Bald Cyprus, 3 Oaks, and 1 Weeping Willow.
These trees vary in height, ranging from 18' to 40'.
The City will need to provide electrical power to each tree which will require a new electrical service at a cost
of $2,000, and install conduit and wire at an estimated cost of $ 23,000. The cost for the small, warm white,
LED lights for the trees would range between $20,000 - $25,000. It is estimated it would take approximately 3
weeks for city staff to install the lights and there would be an additional cost of $5,000 for an aerial lift for city
crews to work from. The total cost to provide and install the lights for these trees is estimated between $50,000
to $55,000. The Parks and Recreation Department does not have funds included in the 2014 -15 budget for this
expense, therefore additional funding would be required.
Commissioner Johnson explained that the tabebuia trees are the only ones they are looking to
light. He advised that if you go down to Winter Garden you will see how the lights are only lit
from the base to the neck. They do not want the canopy covered. Commissioner Johnson said is
only about ten tabebuia trees and the ones in the box that he would like to see lit year round. City
Manager Frank said they will probably have to get the money out of contingency so they can
cover the cost for just the 10 -12 trees. A brief discussion ensued.
Commissioner Wilsen, seconded by Commissioner Keller, moved to approve up
to $5000 out of contingency to cover the cost of putting lights on the base of
tabebuia trees Motion carried 3 -0 with Mayor Vandernrift and Commissione
Grogan absent.
27. Special Project Agreement with the State Department of Economic Opportunity for the
Joint Study of the State Road 429 Interchanges with the City of inter', Garden.
(Assistant City Manager Shadrix)
The Cities of Ocoee and Winter Garden are interested in the economic development potential of the SR 429
Corridor from approximately the Florida Turnpike on the South to Clarcona / Ocoee Road on the North. This
geography includes at least three key 429 interchange / intersection locations: Crown Point Pkwy /West Road,
438 (Plant St and Franklin St), and at Route 50. In addition to the interchange locations, the two Cities are
particularly interested in their East -West linkage along Route 438 (Plant Street / Franklin St) which run to
through the historic commercial heart of the two communities.
The two Cities have formed a working group to collectively examine the potential of the area. To date, the
Cities have retained Angelou Economics to assess the market potential of the West Orange and 429 Corridor
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Regular Commission Meeting
December 2, 2014
Specific areas, with the eventual goal of identifying and activating specific linkages between target industries
and potential sites. This work has yielded insight regarding the competitive position of the area, key target
industries as well as complimentary uses which may be attracted in support, and some of the site characteristics
or needs necessary to attracting investment.
The City of Ocoee applied for and received a special projects grant from the Florida Department of Economic
Opportunity as part of this year's approved state budget. This grant was applied for to conduct this very
important joint study of the State Road 429 interchanges with the City of Winter Garden. The execution of this
agreement will allow the City of Ocoee to be reimbursed for the cost of this study in the amount of $100,000,
and it will be billed out as each deliverable identified in the scope of services is completed.
28. Discussion of an Unsolicited Offer from Red Apple Development,, Inc. to Purchase City
owned :Property at the Intersection of AD Mims Road and Clarke Road for $1.8
Million. (Support Services Director Butler)
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 purchased and remodeled the former State Farm
claims office in the southern part of the city for this use; the former Silvestri property remains undeveloped.
The outstanding mortgage amount is approximately $2.6 million.
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. A drawing showing the
property and the proposed portions covered by the offer is provided on the next page. The base map used in the
drawing is taken from the Orange County Property Appraiser's online mapping system.
Red Apple Development, Inc. has submitted an unsolicited offer to purchase approximately 9 acres of the
property for $1.8 million with a three -year right to purchase an additional 3 acres for $600,000. The offer
represents an average price of $200,000 per acre. Under this offer, if fully implemented, the city would retain
only the strip along Clarke Road, immediately to the west of the 2 acre parcel remaining under the ownership of
Silvestri Investments of Florida, Inc. The offer is contingent upon receipt of all necessary approvals for
construction of a K -8 charter school on the site. A deposit of $25,000 would be paid upon execution of a sales
agreement. The buyer would have 90 days for property inspection, during which time the buyer may cancel the
transaction for any reason, with the deposit fully refunded.
Support Services Director Butler briefly explained that Red Apple Development, Inc. has
submitted an unsolicited offer to purchase approximately 9 acres of the property for $1.8 million
with a three -year right to purchase an additional 3 acres for $600,000. The offer represents an
average price of $200,000 per acre. There is a small area that they did not include in their offer
so the City would retain that piece. Red Apple Development, Inc. is looking to develop a Charter
School with direct access to Clarke Road.
City Attorney Cookson briefly explained the property was purchased for City purpose with
some tax exempt financing so if they were to sell the parcel in question they would need to
refinance the remaining piece of property due to losing that tax exempt status. Essentially they
would be conceding that the property is no longer for a public purpose.
Support Services Director Butler advised the current outstanding amount owed for the
property is about $2.6 million and the City paid $3.3 million for the property. Commissioner
Johnson commented that he feels the proposed charter school is a good use for that corner
property and agrees they should hold onto the 3 acres for a commercial use such as a daycare. He
inquired what the tax base appraisal is for the property. Support Services Director Butler
answered that the current tax appraisal value is $59,000 per acre. He further shared that there is
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property in the northwest corner that will remain under private ownership and potentially will be
a commercial developed property. Commissioner Wilsen inquired if there would be a tax
consequence when they refinance. City Manager Frank said if they would like to move forward
tonight the recommendation would be for staff to start the process regarding the sale of the
property so they could get more information since there may be some additional costs. Staff can
than add those additional costs to the sell price.
Nick Diamond, Red Apple Development, Inc., said they completely agree with the
commissioner's comments and have already had discussions with daycares for the 3 acre parcel.
However, their real interest is in the 9 acres so they would happily withdraw the option of the 3
acres if needed.
City Attorney Cookson advised the commission that he would like to be cautious about the
discussions regarding the 3 acres and its use since they could still hold it for some type of public
purpose and keep the financing in place. He briefly reminded the commission that the charter
does state that before they can approve the sale of any real property they need to determine the
fair market values which would be part of staff research on the property. Secondly, prior to the
sale of property for a value of over $100,000 they would have to advertise and hold a public
hearing. After staff completes its appraisal and costs involved they can than bring a contract for
approval by the City Commission. A brief discussion ensued regarding the standard procedures
outlined by the attorney.
Mr. Diamond commented that he had some concerns with the City's timeline for this project
because they have a strict deadline. They would need to be under construction by February in
order to have a school open by August and was hoping the City could work with them.
Discussion ensued regarding the entitlements and what would be required prior to development.
Commissioner Keller, seconded by Commissioner Wilsen, moved to direct city
staff to look at the fair market value of the 9 acre property and costs involve so
they may go forward and bring a contract that outlines those costs. Mo tion
carried 3 -0 with Mayor Vandergrift and Commissioner Grogan absent.
K. STAFF ACTION ITEMS
L. COMMENTS FROM COMMISSIONERS
Relating to Agenda item #12, Approval of Installation of Street Lighting on SR 50 as part
of FDOT's Widening Project from Good Homes Road to the Entrance to the West Oaks
Mall;.
Commissioner Johnson requested staff bring pictures of the lights in the City of Winter Garden.
City Manager Frank stated staff will ensure photos are made available to the commission at the
next meeting. Commissioner Johnson inquired as to why medians will not be installed.
Assistant City Manager explained the right -of -way dictates the type of medians installed. He
continued by saying there is a plan for upgraded, beautifully landscaped medians.
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Commissioner Wilsen — reminded everyone of the Annual Holiday Lighting Contest, and
Operation Santa begins this evening [December 2, 2014].
Commissioner Keller — 1) reminded everyone of the Annual Christmas Parade beginning at 1
p.m. this Saturday [December 6, 2014]. 2) shared that he recently attended the National League
of Cities Conference, where he learned that developers make initial contact with a City through
its website. The commissioner suggested the City bring the website up -to -date to not lose the
interest of developers. Support Services Director Butler explained the City is moving forward
with the updates. Staff has been trained, and personnel hired to maintain and expand the website.
The website will also have a real estate locator. 3) reminded everyone that Shop with a Cop will
be held December 13, 2014, at the Super Wal -Mart at 7:00 a.m.
Commissioner Johnson — announced that Founders' Day was a success! Feedback was offered
and he will bring it up for discussion at a later meeting. The commissioner thanked Public Works
Director Krug and staff for re- paving Ohio Street and for the sidewalks on Floral Avenue.
Commissioner Wilsen and Commissioner Johnson thanked staff and commission for all the
help for Founders' Day.
The commission wished everyone a safe and happy Holiday Season!
ADJOURNMENT
Meeting adjourned at 9:54 p.m.
APPROVED:
Attest:
City of Ocoee
AL
Be ikenberry, City Clerk
S. Scott Vandergrift, Mayor
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