07-07-15MINUTES
July 7, 2015, at 7:15 P.M.
REGULAR CITY COMMISSION MEETING
A. CALL TO ORDER
Mayor Vandergrift called the regular session to order at 7:15 p.m. in the Commission
Chambers of City Hall. Commissioner Keller gave the invocation, followed by the Pledge of
Allegiance to the Flag, led by Commissioner Wilsen. City Clerk Eikenberry called roll and
declared a quorum present.
Roll Call: Commissioner Grogan (absent), Commissioner Wilsen, Mayor Vandergrift,
Commissioner Johnson (absent), and Commissioner Keller.
B. PRESENTATIONS AND PROCLAMATIONS
Proclamation — Parks and Recreation Month — July 2015
Mayor Vandergrift read his proclamation and proclaimed July as Parks and Recreation Month.
Accepting the proclamation was President of the Senior Citizens Group and Parks and
Recreation Board Member, Wendell Singrey.
C. COMMENTS FROM CITIZENS/PUBLIC
D. STAFF REPORTS AND AGENDA REVIEW
City Manager Frank announced the following:
Emergency Item #1 - Utility Easement Agreement with West Orange Investments, Ltd, Inc.
for a Water Utility Relocati�o Associat,vith the SR 50 Project. (City Engineer Wheeler)
City Engineer Wheeler explained this development was approved by the Commission back in
2006 and one of the conditions of approval was the owner is to dedicate 25 feet of land along the
western property boundary to the City for a possible future widening of Marshall Farms Road
north of SR 50. The owner does not anticipate moving towards construction in the near future.
However, the owner /developer has agreed to give the City a 10 foot wide utility easement inside
the western property line for the purposes of relocating a 12 inch water main as part of the SR 50
Project.
Commissioner Keller, seconded by Commissioner Wilsen, moved to approve the
Utilitv Easement Aqreement with West Oranqe Investments, Ltd, Inc. for a Water
Utilitv Relocation Associated with the SR 50 Project as presented by staff. Motion
carried 3 -0 with Commissioner Grogan and Commissioner Johnson absent.
1) There is a replacement item for Item #5a - Resolution of the Army Corps. Of Engineers
Permitting for the Ocoee Crown Point PUD by Purchasing Credits at a Mitigation Bank.
A small change was made in the last sentence in reference to the reimbursement for
funding. The permitting services would be returned to Engineering Contractual Services
instead of the Stormwater Fund.
2) For Item #8 - Offer and Appraisal for the Charter School. There are two a -mails which
copies were provided to them. One comment from Commissioner Grogan requesting to
continue this item and an email from a resident.
Regular City Commission
July 7, 2015
E. COMMISSIONERS ANNOUNCEMENTS -None
F. CONSENT AGENDA
Commissioner Wilsen, seconded by Commissioner Keller, moved to approve the
Consent Aaenda Items #1 throuah #5. Motion carried 3 -0 with Commissioner
Groaan and Commissioner Johnson absent.
Approval of Minutes for the Regular Commission Meeting Held June 16, 2015. (City
Clerk Eikenberry)
Approved on Consent. Motion carried 3 -0 with Commissioner Groaan and
Commissioner Johnson absent.
2. Approval of Easement Use Agreement - 345 Enterprise Street, Ocoee, FL 34761.
(Utilities Director Smith)
The City utilizes Utility Easements over certain properties for placement of various infrastructure for the benefit
of the public. On May 5, 2015, the City Commission approved the Amended and Restated Drainage, Utility and
Access Easement across the western portion of property located at 345 Enterprise Street, in conjunction with the
Lift Station #10 improvements project. This easement is primarily used for storm water drainage, maintenance
access and utilities placement.
The owner of 345 Enterprise Street, Superior Roadway Services, would like to place a portion of a concrete slab
within the restated easement. This slab is to be used as a wash down area for the owner's equipment. The
portion of this slab's encroachment will not affect the functionality of the easement. Additionally, the Easement
Use Agreement contains language that the City will not be responsible for any restoration of the slab if it must
be removed for repairs within the easement. The City's attorney has reviewed and approved the Easement Use
Agreement.
Approved on Consent. Motion carried 3 -0 with Commissioner Groaan and
Commissioner Johnson absent.
Approval of Ocoee West Transmission System Lift Station 410 and #12 Modifications.
(Utilities Director Smith)
As part of the Ocoee West Transmission System Project, and in conjunction with the State Road 50 widening
project, sewer flows from the South and North Maguire Road areas and along State Road 50 West of Bluford
Avenue shall be temporarily directed to the gravity collection system on the north side of State Road 50 until
the Ocoee West Transmission Project is completed. To ensure the redirected flows can be accommodated by
the gravity system, three (3) lift stations' ( #10, #12 and #62) flows need to be throttled in concert with each
other. To accomplish this work, each station needs to be equipped with Variable Frequency Drives (VFDs) and
Radio Terminal Units (RTUs) capable of communicating with each other through the Alarm Monitoring
Control Center.
Lift Station #62, for which construction shall begin with the next 45 days, is planned to be outfitted accordingly.
Rehabilitation of Lift Station #10 shall be completed in July 2015, and it will need to be retrofitted with VFDs
and have its RTU (SciText SCADA programmable logic controller) reprogrammed. Lift Station #12 is a triplex
station (three pumps) which requires three (3) VFD retrofits and the conversion of its RTU to a SciText system.
The City's standard for lift stations is the SciText SCADA programmable logic controller system.
Staff recommends that Commission authorize the City Manager to contract with Sanders Company, Inc. in the
amount of $29,025.00 to supply the equipment and labor to convert Lift Station #10 and Lift Station #12 to
VFD stations running on the Department's Alarm Monitoring Control Center.
Approved on Consent. Motion carried 3 -0 with Commissioner Groqan and
Commissioner Johnson absent.
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July 7, 2015
4. Approval to Award 12 Month Extension of Emergency Ambulance Service to Rural
Metro Ambulance. (Fire Chief Miller)
Rural Metro is proposing the same service it is currently providing at no cost to the City. The financial
compensation for Rural Metro services rendered will be from funds received for fee for service billings and
collections and contractual arrangements with insurance organizations and other payers. The fee schedule
including any increases will be approved by the City Commission. Supplies, equipment and medications
utilized by the City of Ocoee Fire Rescue Department in the delivery of patient care shall be replaced on a no
cost basis to the City. The initial term of the agreement with Rural Metro was for three (3) years beginning
September 1, 2012 with two (2) twelve month optional extensions for a total of five (5) years. Each extension
must be approved by the City Commission.
Approved on Consent. Motion carried 3 -0 with Commissioner Grocian and
Commissioner Johnson absent.
Ocoee Crown Point PUD Mitigation. (City Engineer Wheeler)
a) Resolution of the Army Corps. Of Engineers Permitting for the Ocoee Crown Point
PUD by Purchasing Credits at a Mitigation Bank.
The City purchased the Coca -Cola property in 2000 and has moved through the development process to create
the Ocoee Crown Point PUD. As part of that development process permits were required'to be obtained from
various agencies including the St. John's River Water Management District ( SJRWMD) and the United States
Army Corps of Engineers ( USACOE) for wetlands impacts and mitigation.
The original permits from both agencies required mitigation in the form of wetland preservation throughout the
site and wetland enhancement along Staten Branch and smaller select areas. The wetland enhancement along
Staten Branch did not fair well as the water levels in Lake Apopka have lowered and the enhancement areas
were no longer properly hydrated. The City was able to resolve the mitigation issue with the SJRWMD and
received a permit modification from them in 2012.
The existing USACOE permit has expired and requires a modification to resolve the incomplete enhancement
mitigation area. Due to changes in the USACOE regulations, the USACOE now requires the purchase of
credits at a fresh water wetland Mitigation Bank as opposed to onsite wetland enhancement or preservation. To
resolve the outstanding issues with the USACOE permitting process for the Ocoee Crown Point PUD, the City
will need to purchase 0.44 credits from the Lake Louisa Mitigation Bank for the price of $8,800.00.
b) Additional Funding for the Ocoee Crown Point PUD Project for USACOE
Permitting and Survey Services for the Transfer of Land to OOPS.
The City Commission approved a project in the 2014/15 Fiscal Year Budget for the USACOE Permitting for
the Ocoee Crown Point PUD and Surveying Services needed to transfer the "Bus Site" and the Elementary
School properties to the Orange County Public Schools. The City Commission funded $12,500 for the City's
share of the project. The project required $25,000 to complete, of which half of the costs were to be refunded to
the City by OCPS.
Staff did not realize that almost all of the work will be accomplished this fiscal year. It was anticipated that a
request would be needed in next year's budget to cover the second half of the funding. The "Bus Site" property
has already been transferred to OCPS. It appears that with the approval to purchase the Credits in the Lake
Louisa Mitigation Bank, the USACOE permit will be completed this year, too. Staff has been working with
Mattamy Homes and OCPS on the Elementary School property and it may be ready to transfer before the end of
the fiscal year. Therefore this entire project should be completed this year.
The Finance Department is requiring that the remainder of the project be funded, realizing that those funds will
be reimbursed by OCPS upon invoicing.
Approved on Consent. Motion carried 3 -0 with Commissioner Groaan and
Commissioner Johnson absent.
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Regular City Commission
July 7, 2015
G. SECOND READING OF ORDINANCES - PUBLIC HEARINGS
6. Second Reading of Ordinance Relating to Establishing Requirements for Emergency
Access to Gated Communities Including Existing Gated Communities. (Advertised in the
West Orange Thr es on Thursday, June 25, 2015) (Police Chief Brown)
The City of Ocoee desires to ensure the safety of the citizens and provided the most expedient and effective
responses to emergencies and calls for service in gated communities. This Ordinance change is proposed to
ensure that new subdivisions and those with existing emergency vehicle access system shall have those systems
updated, modified, or replaced in light of changes in technology, policy, or change in equipment used by the
Police Department or Fire Department for gated subdivision entry.
City Attorney Cookson read the title of the ordinance.
Police Chief Brown advised that a recommendation for an ordinance was established in order to
bring all the gated communities together and have a common emergency access entrance. They
have had town hall meetings and spoken before the commission regarding this ordinance. Some
of the issues that they discussed were the device which is not covered in the ordinance but will
be in the resolution. Due to the discussions they have had he would also like to change
subsection (d) in the ordinance which deals with existing communities. He would like to put that
section in the resolution. The police chief briefly explained that they are not doing the resolution
tonight and the ordinance being presented tonight is just to adopt the concept.
Commissioner Wilsen expressed her concerns regarding not feeling comfortable voting on this
ordinance since she would like to see the resolution at the same time. Brief discussion ensued.
Mayor Vandergrift opened the public hearing.
Commissioner Keller said he supports staffs decision in having all the communities on one
system and doing it as soon as possible instead of waiting several years for the gate to break and
then requiring them to replace it with the new system. He further asked the City Attorney's
opinion on how they would be able to vote since he believes ordinances need the majority of the
Commission for a vote and they have two Commissioners out. Discussion ensued regarding if
they should have a continuation.
Commissioner Wilsen commented that she would like to hear from any residents who would
like to speak regarding this ordinance before they decide to continue this item since it is a public
hearing.
The city manager briefly explained that the ordinance is just to adopt the standard procedure of
requiring gated subdivisions to have some type of gate opener that the Police or Fire Department
can access. The ordinance will refer to a resolution at some point in the future which will
determine what the technology will be.
Greg Keethler, 2430 Orsota Circle, spoke in favor of the ordinance with the changes to
subsection (d) that the police chief suggested. They can work with staff, as they have done in the
past, in finalizing the resolution. A brief discussion ensued.
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July 7, 2015
Scott Kennedy' 3430 Jamber Drive, also spoke in favor of the ordinance but feels the city has an
obligation to partner with established communities, perhaps 50150, to add the modules for those
gated HOA's.
Mayor Vandergrift closed the public hearing
Commissioner Keller moved to approve the Ordinance Relatinq to Establishinq
Requirements for Emerqencv Access to Gated Communities Includinq Existinq
Gated Communities with the changes to Subsection (d) as presented by staff and
City Attorney. Due to lack of second, Commissioner Keller withdrew his motion.
Commissioner Keller, seconded by Commissioner Wilsen, moved to continue the
Ordinance Relatinq to Establishinq Requirements for Emerqencv Access to Gated
Communities Includinq Existinq Gated Communities to the July 21, 2015, Reqular
Citv Commission Meetinq.
Mr. Scott Kennedy shared that he disagrees with the motion and feels they need to mandate the
form of emergency access to the gates. His issues are different because he feels that if the City
pays for the system then they can mandate everything about it from technology to timing. He
understands this will have to go through the budget process and feels that they need to have one
resolution and included in that resolution the mechanism to pay for this.
Mr. Greg Keethler briefly pointed out that there is an appeals process in the ordinance so that if
a community felt their system was adequate then they could ask to maintain their current system.
After brief discussion. Motion carried 3 -0 with Commissioner Grogan and
Commissioner Johnson absent.
H. REGULAR AGENDA
7. Designation of Voting Delegate — Florida League of Cities, Inc. Annual Conference.
(City Clerk Eikenberry)
The Florida League of Cities (FLC) is holding their 89`x' Annual Conference at the World Center Marriott,
Orlando, Florida, on August 13 -15, 2015. The FLC is requesting that any proposed resolutions are received
before July 8, 2015, and that the City of Ocoee's Voting Delegate is designated and received by August 7, 2015.
Commissioner Keller shared that he would be attending that conference and would be willing to
represent the City. Mavor Vanderarift said, without objection, Commissioner Keller
will be designated as the Citv of Ocoee's Votinq Deleqate at the Florida Leaque of
Cities (FLC) 891h Annual Conference
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8. Appraisal of City -owned Property at the Intersection of AD Mims Road and Clarke
Road as a Result of an Unsolicited offer from Charter Schools Development Corp. to
Purchase 9.5 acres for $1.6 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. Charter Schools Development Corp. submitted an
unsolicited offer to purchase approximately 9.5 acres of the property for $1.6 million, which represents an
average price of about $168,421 per acre. The offer is contingent upon receipt of all necessary approvals for
construction of a K -8 charter school of at least 80,000 square feet on the site. A deposit of $10,000 would be
paid upon execution of a sales agreement. The buyer would have 90 days for due diligence, primarily to
complete a detailed property inspection, during which time the buyer may cancel the transaction for any reason,
with the deposit fully refunded. A second deposit of $10,000 would be paid after the due - diligence period,
assuming that all requirements are satisfied. Both deposits will apply against the purchase price, if the
transaction is completed. Following direction from the City Commission at the May 19 meeting, and with the
potential buyer's financial support, the City secured an appraisal of the property from Property Valuation &
Consulting, Inc. of Winter Garden. The 12 -acre site was appraised as three parcels based on a change in land
use classification to mixed -use or multi - family residential for Parcel A and retaining the existing PUD
commercial zoning for Parcel B:
$580,000 — Parcel A, 2.5 acres in SW corner of property (to be retained by City)
$1,370,000 — Parcel B, 9.5 acres sought by charter school
$23,000 — Parcel C, a 15 -foot strip of land reserved for future deceleration/right -turn lane
$1,973,000 — Total Value
Given the amount of the offer and the appraised value of the land not included in the proposed sale, the total
parcel value is $2,203,000, which is 63% of the purchase price and 85% of the outstanding loan amount. Final
action to accept the offer and execute a sales agreement would require a second vote following a public hearing.
Commissioner Keller said there is an e -mail before them that was sent by Commissioner
Grogan asking to please table this to the next meeting which he is also in favor of He briefly
shared that there is a possibility of another developer potentially being interested in this property
as a commercial property which would allow the City to keep this as an income type property.
Mavor Vandergrift said, without obiection, this will be tabled to the next meeting.
9. Amendment to Declaration of Covenants, Conditions, and Restrictions for Ocoee
Business Park. (City Attorney Cookson) s'
On April 22, 2005, the Declaration of Covenants, Conditions, and Restrictions (CCRs) for Ocoee Business Park
were recorded in the Official Records of Orange County, Florida. Pursuant to Sections 12.5 and 13.1 of the
CCRs, the City must consent to any changes to certain sections of the CCRs. Among the sections to which the
City must consent to an amendment is section 3.3, Use Restriction and Rules, which presently allows for
vehicles to be stored, placed, or warehoused on site when used to convey persons to and from the site. When
left overnight, such vehicles must be stored within the interior of the Business Park and may not be visible from
the streets, roadways, and walkways within the Business Park.
In June 2015, the Owner submitted language to the City proposing to amend section 3.3 of the CCRs. The
amendment would allow for the storage, placement, and warehousing of operational vehicles (defined to include
trucks, trailers, vehicles, and personalty) at the site on a 24/7 basis, not just when used to convey persons to and
from the site. However, the parking areas may not be used for the storage of vehicles that are not affiliated with
a business at the site nor may they store inoperable vehicles on site.
City Attorney Cookson said they received a request from the owner of the Ocoee Business Park
to amend their declaration that imposes certain restrictions on the property as to the tenants that
rent space there. Their declaration requires that any amendments will need to be approved by the
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July 7, 2015
City Commission. Essentially they have a provision that restricts overnight parking in the
business park part and they would like to modify that to allow for storage of overnight parking
that is affiliated with the business. City staff has reviewed the submitted language and feels it is
consistent with the zoning and nature of the, business.
Commissioner Keller, seconded by Commissioner Wilsen, moved to approve the
Amendment to Declaration of Covenants, Conditions, and Restrictions for Ocoee
Business Park. Motion carried 3 -0 with Commissioner Groqan and Commissioner
Johnson absent.
I. STAFF ACTION ITEMS - None
J. COMMENTS FROM COMMISSIONERS
Commissioner Keller — 1) announced the Community Grant Program is accepting applications
and as of July 1St applications were made available online at www.Ocoee.ora. Residents may
also pick up applications at City Hall. The program provides financial grants up to $500. 2)
announced Food Truck Friday and Movie in the Park are next Friday, July 17th.
Commissioner Wilsen — None
Mayor Vandergrift — announced that as July 31 St he will be tentatively retiring due to ill health.
He advised that he is using the term "tentatively" since he is aware that a Special Election will
need to be done. City Attorney Cookson briefly explained the process to hold a Special
Election. Further discussion ensued regarding the Special Election for which City Clerk
Eikenberry advised that she will have to coordinate with the Supervisor of Elections Office.
Discussion commenced regarding the Mayor Pro Tem stepping up as Mayor for which it was
decided that the City Attorney would research the Charter and bring back information to the next
City Commission Meeting regarding this.
Commissioner Wilsen thanked the Mayor for his time of service and shared that he will be
greatly missed by the community. Commissioner Keller shared the same sentiments.
I:l119111"11101 OWN
Meeting adjourned at 8:08 p.m.
APPROVED:
Attest:
e ikenberry, tity Clerk
City of Ocoee
S. Scott Vandergrift, Mayor