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HomeMy WebLinkAbout05-15-07 Minutes MINUTES OCOEE CITY COMMISSION May 15, 2007 7:00 PM Orlando Broadway Arts Tap Dancing Demonstration 7:15 PM REGULAR CITY COMMISSION MEETING AGENDA I A. CALL TO ORDER Mayor Vandergrift called the regular session to order at 7 :24 p.m. in the Commission Chambers of City Hall. Commissioner Anderson gave the Invocation and Commissioner Johnson led the Pledge of Allegiance to the Flag. City Clerk Eikenberry called roll and declared a quorum present. Roll Call: Commissioner Hood, Commissioner Anderson, Mayor Vandergrift, Commissioner Keller, and Commissioner Johnson. Also Present: City Attorney Rosenthal, City Manager Frank, City Clerk Eikenberry EMERGENCY ITEM - Interlocal Agreement with Orange County, Florida Regarding the 800 MHz Re-banding Reimbursement Process. The public safety 800mhz radio system that the City of Ocoee operates on is a county wide system that is maintained by Orange County. The FCC has dictated that Nextel re-band the entire system nationwide to prevent interference with Sprint Nextel service. This re-banding is being coordinated through Orange County and any reasonable costs will be reimbursed by Nextel via Orange County. Mavor Vandergrift. seconded bv Commissioner Anderson. moved to approve the Interlocal Agreement with Orange County. Florida regarding the 800 MHz Re- banding Reimbursement Process the Motion carried 5-0. I B. PRESENTATIONS AND PROCLAMATIONS Presentation - Fire Department Promotions (Fire Chief Firstner) Proclamation - National Tap Dance Day Proclamation - National Public Works Week Proclamation - National Safe Boating Week I C. COMMENTS FROM CITIZENS/PUBLIC -none I D. COMMISSIONERS ANNOUNCEMENTS Commissioner Keller 1) congratulated the 2nd Ocoee High School Graduation Class who graduated last night. Mayor Vandergrift added that, of the top 10 graduates, 4 came from Spring Lake Elementary which says a lot for Ocoee Schools. Commissioner Johnson 1) introduced Jo-anne Houwers who asked for the Commission support again this year on the 3rd Annual Golfing Fore Autism fundraiser. Commissioner Johnson suggested we purchase a foursome again this year as we have in the past. City Commission Regular May 15, 2007 Commissioner Johnson. seconded by Commissioner Hood. moved to approve the purchase of a foursome at the 3rd Annual Golfina Fore Autism fund raiser beina held on Saturday. June 9. 2007. in the amount of $440.00 to be paid from the Commission Continaency fund. Motion carried 5-0. Mayor Vandergrift advised Ms. Houwers that he had an article in the Gazette regarding coordinating efforts with the group from Apopka and other cities that work on behalf of autism. 2) Commissioner Johnson asked the Commission to approve advertisement in the programs for the two high schools again this year. Commissioner Johnson. seconded by Commission Anderson. moved to approve advertisement in the Ocoee Hiah School Proaram in the amount of $250 and in the West Oranae Hiah Proaram in the amount of $200: the $450 to be taken from the Commission Continaency fund. Motion carried 5-0. Commissioner Anderson - reminded everyone about the upcoming Memorial Day Service. Commissioner Hood said it is May 25, 2007 at 11 :00 a.m. at the Starke Lake Gazebo. Commissioner Hood - 1) said the pool is open now at the Jim Beech Center, 2) said the Redistricting Committee is having their public input meeting on May 17, 2007, at 6:00 p.m. in the Commission Chambers; three redistricting map options are available to be viewed online. 3) asked about the swim team, and Parks and Recreation Director Hayes said it will be starting soon and the information with exact dates is on the website. Mayor Vandergrift - read plaque given to the City from the Ocoee Bulldogs thanking the City for their support. I E. CONSENT AGENDA 1. Approval and Acceptance of the Regular City Commission Minutes of April 17, 2007, and May 1,2007. (City Clerk Eikenberry) Approved on Consent Aaenda Vote. Motion carried 5-0. 2. Reappointment to the Citizen Advisory Council for the Police Department. (City Clerk Eikenberry) Members of the Citizens Advisory Council for the Police Department (CACOPD) serve three-year terms. Currently the CACOPD has twelve (12) members and their resolution allows no more than fifteen (15) members. Mr. Richard Hart and Ms. Victoria Laney have both indicated they are willing to serve another three- year term, if reappointed. Both members have attended twenty-eight (28) out of thirty-five (35) meetings with no absence unexcused. There are no applications on file at this time for residents interested in serving on the board. Approved on Consent Aaenda Vote. Motion carried 5-0. 3. Appointment to the Ocoee School Advisory Board. (City Clerk Eikenberry) Members of the Ocoee School Advisory Board serve two-year terms. Currently the Ocoee School Advisory Board has eight (8) members and their resolution allows no less than seven (7) members and no more than fifteen (15) members. One application was received from Mrs. JoAnne Zeise with interest in serving on the board. Approved on Consent Aaenda Vote. Motion carried 5-0. Page 2 of 19 City Commission Regular May 15, 2007 4. Approval of Request for Reduction of Fine for Code Enforcement Board Case No. 01- 004, Ricky L. Moore & Sharon R. Moore. (Building Official Jones) The Code Enforcement Board recommends reduction to $3,300 total fees for demolition and to waive interest if paid within 30 days of commission approval or revert back to include interest. It is staffs recommendation to support the decision made by the Code Enforcement Board. Pulledfrom Consent Agenda and voted on separately. Commissioner Anderson said that he noticed that staff and legal time was not added to this reduction of lien and we have historically always charged those fees. Commissioner Anderson. seconded by Commissioner Keller. moved amend the lien amount to include the calculation of all of the costs associated with this case in staff and leaal fees. and add that to the reduced lien of $3.300. Motion carried 5-0. City Attorney Rosenthal advised that if the math exceeds the total amount of the fine, than the staff would take that as no reduction of the lien and charge the full amount of the lien. Building Official Jones clarified that he will calculate costs and does not need to bring the item back to the Commission. 5. Approval of Plat and Name Change of Foote Property to Slone Landing. (City Engineer Wheeler) This project was originally submitted as the Foote Property, a 2.72 acre residential development which consists of 4 residential lots and the extension of East Orlando Avenue west to the property's western property line. The subdivision is located on the northwest comer of Bluford A venue and East Orlando A venue. The developer has submitted a request for a name change from the Foote Property to Slone Landing. The request was approved by DRC on May 1,2007. This project has submitted all documentation for plat approval as Slone Landing. Approved on Consent Aaenda Vote. Motion carried 5-0. 6. Approval to Award Bid #B07-02 Laboratory Services for Water and Wastewater Facilities Term Contract to Test America Analytical Testing Corporation. (Purchasing Agent Tolbert) The current contract for Lab Services expired on April 30, 2007. The services were bid out and three responses were received. The Utilities Department and Finance Department have reviewed the bids. Staff recommends awarding Bid #B07-02 Term Contract for Laboratory Services for City Water and Wastewater to TestAmerica Analytical Testing Corporation as the most responsive and responsible bidder. Pulledfrom Consent Agenda and voted on separately. Commissioner Anderson asked why we decided to go out to bid on this and not piggyback with another agency or municipality. Purchasing Agent Tolbert said we had our own lab until a few years ago when we began bidding it out. Utilities Director Smith said we wanted to go to bid because there are many transportation fees associated with this type of work and the delivery and pickup costs would be defined specifically for Ocoee rather than using a cost model for another city that may be very different depending on location. Commissioner Keller. seconded by Commissioner Hood. moved to approve the award of Bid #B07 -02 Laboratory Services for Water and Wastewater Facilities Term Contract to Test America Analytical Testina Corporation. Motion carried 4- 1. with Commissioner Anderson opposed. Page 3 of 19 City Commission Regular May 15, 2007 7. Approval to Award Bid #B07-04 Reclaimed Water System Retrofit for Reserve Subdivision to Young's Communications Company. (Purchasing Agent Tolbert) The Engineering Department and Finance Department have reviewed all bids. Staff recommends awarding the bid to Young's Communications Co., Inc. as the most responsive and responsible bidder for the amount of $434,515.00. The Engineer's estimate for this project was $975,000.00, and the approved budget for the Reserve project is $538,720.00 from the 2003 Water and Sewer Bond Issue. Approved on Consent Aaenda Vote. Motion carried 5-0. 8. Approval to Award Bid #B07-05 Reclaimed Water System Retrofit for Reflection Subdivision to Young's Communications Company. (purchasing Agent Tolbert) The Engineering Department and Finance Department have reviewed all bids. Staff recommends awarding the bid to Young's Communications Co., Inc. as the most responsive and responsible bidder for the amount of $389,904.00. The Engineer's estimate for this project was $850,000.00, and the approved budget for the Reflections project is $576,576.00 from the 2003 Water and Sewer Bond Issue. Approved on Consent Aaenda Vote. Motion carried 5-0. Consent Agenda Vote: Commissioner Hood. seconded by Commissioner Anderson. moved to approve Consent Aaenda Items #1. #2. #3. #5. #7. and #8 as presented. Items #4 and #6 were removed from the Consent Aaenda by Commissioner Anderson and heard separately. Motion carried 5-0. I F. PUBLIC HEARINGS 9. Consideration of Resolution to "Opt Out" of the Solid Waste Non-Ad Valorem Assessment and Pay Solid Waste Charges on a Monthly Basis. (Public Works Director Krug) (Advertised as Public Hearing in the Orlando Sentinel Orange Extra on Wednesday, May 9, 2007). Last year the City Commission approved placing residential solid waste fees on the Orange County tax roll assessment. The first year of utilizing this method of collection has been very successful. Since that time City Commission directed staff to bring forward an "opt out" option for homeowners who prefer to be billed monthly by the city for this service. The new resolution and policy details the following items: effect of opt out, notice of opportunity to opt out, eligibility requirements, method for election, application period, and availability of application forms. In order to "opt out", homeowners must provide proof of a valid homestead exemption and must have city utility accounts that are in good standing for at least a 12-month period. City Attorney Rosenthal read the title of the resolution. Mayor Vandergrift explained that last year the City adopted an ordinance approving a uniform method of tax collection which will place solid waste charges for the year on the property tax bill as a non-ad valorem tax. This new ordinance allows those who wish to continue paying it monthly to opt out of the non-ad valorem assessment. Mayor Vandergrift opened the Public Hearing. R.P. Monacky asked if you pay the garbage for the year in advance, what happens if you sell your home. City Attorney Rosenthal said it will be prorated and refunded to the homeowner through your closing documents. Mayor Vandergrift closed the Public Hearing. Commissioner Keller asked how that would affect someone who opts out since they paid the first year in advance. City Attorney Rosenthal said that the cycles will not overlap, so if you Page 4 of 19 City Commission Regular May 15, 2007 paid non-ad valorem in advance for the first year the new enrollment will not apply until the next year's cycle. Commissioner Anderson asked why we required that you have to have 12 months in good standing, how will that affect those that have only lived here four months? City Attorney Rosenthal clarified that the resolution stated they could not have had a late fee in the past 12 months, which would not be an issue for customers with newer accounts. Commissioner Anderson asked why we required that you had to have a homestead exemption. City Manager Frank said that would be a way to minimize the impact to the utility account and still provide a benefit for residents who wish to opt out. Commissioner Anderson asked City Attorney Rosenthal to look at the elder law part of this because new laws make it tough for some people to have homestead and they should not be excluded from this resolution because of that. Commissioner Hood. seconded by Commissioner Johnson, moved to approve Resolution No. 2007-003 establishino the reauirements for and method bv which Solid Waste Customers may "Opt Out" of the Solid Waste Non-Ad Valorem Assessment and Pay Solid Waste Charaes on a Monthly Basis. Motion carried 5-0. The resolution as adopted carries the following title: RESOLUTION NO. 2007-003 A RESOLUTION OF THE CITY OF OCOEE, FLORIDA ADOPTING A POLICY ESTABLISHING THE REQUIREMENTS FOR AND METHOD BY WHICH SOLID WASTE CUSTOMERS MAY ELECT TO "OPT OUT" OF THE SOLID WASTE NON-AD VALOREM ASSESSMENT LEVIED IN ACCORDANCE WITH SECTION 143-9.2(A) OF THE OCOEE CITY CODE AND PAY FOR SOLID WASTE CHARGES ON A MONTHLY BASIS IN LIEU THEREOF; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Ordinance Second Readini! 10. Revisions to Chapter 168 of the Code of Ordinances of the City of Ocoee. (Advertised as Public Hearing in the Orlando Sentinel Orange Extra on Sunday, May 6, 2007). (Police Chief Reffett) Chapter 168 of the Code of Ordinances of the City of Ocoee (Vehicles and Traffic) is being revised to provide more effective parking enforcement measures within the city limits of Ocoee. The revisions include, but are not limited to: increasing parking citation froes from $10 to $40 per violation, providing for procedures and requirements for contesting parking citations, providing enforcement for non-compliance, creating a parking infraction hearing board, imposing a $5 surcharge to help offset the City's costs of the School Crossing Guard program, and prohibiting parking of vehicles offered for sale in road rights of way. City Attorney Rosenthal read the title of the ordinance. City Attorney Rosenthal said there are some scriveners' errors and minor changes have been made to the ordinance that was presented with the agenda packet. He reviewed changes to Section 168-2C, 168-2D, and 168-8D. Mayor Vandergrift opened the Public hearing. R. P. Monacky, 1820 Prairie Lake Blvd., clarified the reference in the ordinance that prohibits parking within 15 ft of a fire hydrant. Police Chief Reffett said that refers to vehicles on the same side of the road, not across. Page 5 of 19 City Commission Regular May 15, 2007 James Fleming, 511 Orange Avenue, says that regarding 168-3c, there is a state statue that talks about selling vehicles on private and public property. Police Chief Reffett they can only enforce sale of vehicles on public right of way. Commissioner Hood. seconded bY Commissioner Keller moved to adopt Ordinance No. 2007-007 approvina revisions to Chapter 168 of the Code of Ordinances as recommended by staff and includina chanaes to Section 168- 2C. 168-20. and 168-80 as discussed by the City Attorney toniaht. Motion carried 5-0. Commissioner Anderson. seconded by Commissioner Keller. moved to amend the motion. to also chanae the size of the Ocoee Police Infraction Hearina Board to seven members instead of five. with one member beina appointed by each of the five Commissioners. and the other two members selected from the CACOPO and appointed by the Commission: with the Quorum reQuirement remainina at three members: and staaaerina members terms so that the CACOPO appointments and the Mayors appointment are two years terms. the other four Commission appointments are one year terms in their initial term. and then will all ao to two year terms. Motion carried 5-0 Vote to adopt the oriainal motion. as amended. Motion carried 5-0. The ordinance as adopted on second reading carries the following title: ORDINANCE NO. 2007-007 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA AMENDING, RESTATING AND SUPERSEDING, IN ITS ENTIRETY, CHAPTER 168 OF THE CODE OF ORDINANCES OF THE CITY OF OCOEE; PROVIDING FOR AN INCREASED SCHEDULE OF FEES FOR PARKING VIOLATIONS; PROVIDING PROCEDURES UPON NON-COMPLIANCE WITH PARKING CITATIONS; PROHIBITING VEHICLES FROM BEING OFFERED FOR SALE IN ROAD RIGHTS-OF-WAY; PROVIDING FOR AN OCOEE POLICE INFRACTION HEARING BOARD TO CONDUCT HEARINGS REGARDING CONTESTED PARKING CITATIONS AND TO DETERMINE WHETHER A PARKING VIOLATIOIN WAS COMMITTED; IMPOSING A FIVE-DOLLAR SURCHARGE ON ALL PARKING FINES AN CIVIIL PENALTIES FOR PARKING VIOLATIONS TO FUND A SCHOOL CROSSING GUARD PROGRAM; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. 11. Sonntag Property. (Advertised as Public Hearing in the Orlando Sentinel Orange Extra on Thursday, May 3, 2007 and Thursday, May 10, 2007) (principal Planner Rumer) The subject property is located on the south side of White Road, 1300' west of the intersection of S. Clarke Road and White Road. Albert Sonntag is requesting the annexation of a 0.85 ::I: acre parcel and a change of zoning from Orange County "A-I" (Citrus Rural) to the City ofOcoee "R-lAA" (Single-Family Dwelling) on a property located on the south side of White Road, 1300' west of the intersection of S. Clarke Road and White Road. Based on the recommendations of the DRC and Planning & Zoning Commission, staff recommends that Honorable Mayor and City Commissioners adopt the ordinance to annex the 0.85 +/- acres ofland known as the Sonntag Property, and also adopt the ordinance to rezone the property to "R-IAA" Single-Family Dwelling District" . Page 6 of 19 City Commission Regular May 15, 2007 I a. Annexation - Ordinance No. 2007-008 City Attorney Rosenthal read the title of the ordinance. Mayor Vandergrift opened the Public Hearing. James Fleming, 511 Orange Avenue, said he is in favor of approval. Mayor Vandergrift closed the Public Hearing. Commissioner Anderson. seconded bY Commissioner Keller. moved to adopt on second readina. Ordinance No. 2007-008. annexina the property known as the Sonntaa property. a 0.85 :t acre parcel located on the south side of White Road. 1300' west of the intersection of S. Clarke Road and White Road. Motion carried 5-0. The ordinance as adopted on second reading carries the following caption: ORDINANCE NO. 2007-008 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 0.85 ACRES LOCATED SOUTH OF AND ADJACENT TO WHITE ROAD AND APPROXIMATELY 1,300 FEET WEST OF 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. I b. Rezoning - Ordinance No. 2007-009 City Attorney Rosenthal read the title of the ordinance. Mayor Vandergrift opened the Public Hearing. Mayor Vandergrift closed the Public Hearing. Commissioner Anderson. seconded by Commissioner Keller. moved to adopt on second readina. Ordinance No. 2007-009. rezonina from Oranae County "A- 1" (Citrus Rural) to the City of Ocoee "R-1AA" (Sinale-Family Dwellina) the property known as the Sonntaa property. a 0.85 :!: acre parcel located on the south side of White Road. 1300' west of the intersection of S. Clarke Road and White Road. Motion carried 5-0. Page 7 of 19 City Commission Regular May 15, 2007 The ordinance as adopted on second reading carries the following caption: ORDINANCE NO. 2007-009 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY A-I, "GENERAL AGRICULTURE" TO OCOEE Rl-AA, "SINGLE-FAMILY DWELLING," ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 0.85 ACRES LOCATED SOUTH OF AND ADJACENT TO WHITE ROAD AND APPROXIMATELY 1,300 FEET WEST OF 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. 12. Rogers Property. (Advertised as Public Hearing in the Orlando Sentinel Orange Extra on Thursday, May 3, 2007 and Thursday, May 10, 2007). (Principal Planner Rumer) East side of Ocoee Apopka Road, 2,500 feet southeast of the intersection of Ocoee Apopka Road and Fullers Cross Road. The City ofOcoee is requesting the annexation ofa 37.12::1:: acre parcel and a change of zoning from Orange County "A-I" (Citrus Rural) to the City of Ocoee "R-lAA" (Single-Family Dwelling). The City of Ocoee is proposing to develop a recreational park on the subject property. Based on the recommendations of the DRC and Planning & Zoning Commission, staff recommends that Honorable Mayor and City Commissioners adopt the ordinance to annex the 37.12 +/- acres ofland known as the Rogers Property, and also adopt the ordinance to rezone the property to "R-lAA" Single-Family Dwelling District". I a. Annexation - Ordinance No. 2007-010 City Attorney Rosenthal read the title of the ordinance. Mayor Vandergrift opened the Public Hearing. Mayor Vandergrift closed the Public Hearing. Commissioner Anderson. seconded by Commissioner Johnson. moved to adopt on second readina. Ordinance No. 2007-010. annexina the property known as the Roaers Property. a 37.12 :!: acre parcel located on the east side of Ocoee Apopka Road. 2.500 feet southeast of the intersection of Ocoee Apopka Road and Fullers Cross Road into the City of Ocoee. Motion carried 5-0. The ordinance as adopted on second reading carries the following caption: ORDINANCE NO. 2007-010 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 37.12 ACRES LOCATED EAST OF AND ADJACENT, IN PART, TO OCOEE APOPKA ROAD AND APPROXIMATELY 2,500 FEET SOUTH OF FULLERS CROSS 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. Page 8 of 19 City Commission Regular May 15, 2007 I b. Rezoning - Ordinance No. 2007-011 City Attorney Rosenthal read the title of the ordinance. Mayor Vandergrift opened the Public Hearing. Mayor Vandergrift closed the Public Hearing. Commissioner Johnson. seconded by Commissioner Hood. moved to adopt on second readina. Ordinance No. 2007-011. rezonina from Oranae County "A-1" (Citrus Rural) to the City of Ocoee "R-1AA" (Sinale-Family Dwellina), the property known as the Roaers Property. a 37.12 :I: acre parcel located on the east side of Ocoee Apopka Road. 2.500 feet southeast of the intersection of Ocoee Apopka Road and Fullers Cross Road into the City of Ocoee. Motion carried 5-0. The ordinance as adopted on second reading carries the following caption: ORDINANCE NO. 2007-011 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY A-I, "GENERAL AGRICULTURE" TO OCOEE Rl-AA, "SINGLE-FAMILY DWELLING," ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 37.12 ACRES LOCATED EAST OF AND ADJACENT, IN PART, TO OCOEE APOPKA ROAD AND APPROXIMATELY 2,500 FEET SOUTH OF FULLERS CROSS 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. 13. FDOT Surplus Property. (Advertised as Public Hearing in the Orlando Sentinel Orange Extra on Thursday, May 3, 2007 and Thursday, May 10, 2007). (Principal Planner Rumer) The subject property is located on the north side ofSR 50 (W. Colonial Drive) and between Blackwood Avenue and Clark Road. The City of Ocoee is requesting the annexation of a 1.95 ::I: acre parcel and a change of zoning from Orange County "A-I" (Citrus Rural) to the City of Ocoee "C-2" (Community Commercial). The city is proposing to construct a future right-of-way and stormwater abatement area. Based on the recommendations of the DRC and Planning & Zoning Commission, staff recommends that Honorable Mayor and City Commissioners adopt the ordinance to annex the 1.95 +/- acres of land known as the FDOT Surplus Property, and also adopt the ordinance to rezone the property to "C-2" Community Commercial District. \a. Annexation - Ordinance No. 2007-012 City Attorney Rosenthal read the title of the ordinance. Mayor Vandergrift opened the Public Hearing. Mayor Vandergrift closed the Public Hearing. Commissioner Hood. seconded by Commissioner Anderson. moved to adopt on second readina. the Ordinance No. 2007-012. annexina the property known as the FOOT Surplus Property. a 1.95 :t acre parcel on the north side of SR 50 (W. Colonial Drive) and between Blackwood Avenue and Clark Road. Motion carried 5-0. Page 9 of 19 City Commission Regular May 15, 2007 The ordinance as adopted on second reading carries the following caption: ORDINANCE NO. 2007-012 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 1.95 ACRES LOCATED NORTH OF AND ADJACENT TO COLONIAL DRIVE (S.R. 50) AND APPROXIMATELY 1,280 FEET EAST OF BLACKWOOD AVENUE 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. I b. Rezoning -Ordinance No. 2007-013 City Attorney Rosenthal read the title of the ordinance. Mayor Vandergrift opened the Public Hearing. Mayor Vandergrift closed the Public Hearing. Commissioner Johnson. seconded bY Commissioner Keller. moved to adopt on second readina. the Ordinance No. 2007-013. rezonina from Oranae County "A-1" (Citrus Rural) to the City of Ocoee "C-2" (Community Commercial). the property known as the FOOT Surplus Property. a 1.95:!: acre parcel on the north side of SR 50 (W. Colonial Drive) and between Blackwood Avenue and Clark Road into the City of Ocoee. Motion carried 5-0. The ordinance as adopted on second reading carries the following caption: ORDINANCE NO. 2007-013 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY A-I, "GENERAL AGRICULTURE" TO OCOEE C-2, "COMMUNITY COMMERCIAL," ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 1.95 ACRES LOCATED NORTH OF AND ADJACENT TO COLONIAL DRIVE (S.R. 50) AND APPROXIMATELY 1,280 FEET EAST OF BLACKWOOD AVENUE 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. 14. West 50 Commercial Subdivision. (Advertised as Public Hearing in the Orlando Sentinel Orange Extra on Thursday, May 3, 2007 and Thursday, May 12, 2007). (Senior Planner Howell) The subject property is located east of SR 429 and north of the Florida Turnpike in unincorporated Orange County. The applicant is proposing to develop a four lot commercial subdivision on the subject property and the property to the north, which is currently in the City and is zoned C-3 (General Commercial). Based on the recommendations of the DRC and Planning & Zoning Commission, staff recommends that Honorable Mayor and City Commissioners adopt the ordinance to annex 2.25 acres of land known as the West 50 Commercial Subdivision and also adopt the ordinance to rezone the property to C-3 (General Commercial). Page 10 of 19 City Commission Regular May 15, 2007 This item was moved up on the agenda and heard after Item #11 Senior Planner Howell gave a presentation regarding the Annexation and Rezoning Ordinance. Attorney Scott Glass, representing the property owners, said at this point the only disagreement is the waiver for architectural cohesiveness for nationally recognized buildings. Cracker Barrel had expressed significant interest, which has its own look, but at this point they are no longer interested. Commissioner Anderson says he is not comfortable given an open waiver for architectural cohesiveness for businesses that we don't even know what they are yet Mr. Glass said he would have no problem if they wanted to approve each business on an individual basis as long as it could go directly to Commission and not have to go through the whole process with staff. Mayor Vandergrift opened the Public Hearing. James Fleming, 511 Orange Avenue, said he does not feel that the City should be determining architectural designs or it will look like an army post. Community Development Director Wagner said he has never had a developer come to the Commission due to disagreement with what staff wanted to work out on architecture. They have very successfully and easily negotiated with other developers. We have even seen on the internet where the Cracker Barrel modified their building to fit the community they were going in. He added that developers would always have the option to come to Commission and ask for a waiver if they could not come to an agreement with staff. Mayor Vandergrift closed the Public Hearing. Commissioner Anderson. seconded by Commissioner Johnson. moved to approve per staff recommendation. with the additional provision beina added to the Annexation and Development Aareement that Section 6-14 (C)4a of the Land Development Code may be approved by the City Commission on a case by case basis and the owner may come directly to the City Commission to reQuest approval of any such waiver and neQotiate any uparade standards. No vote was made on this motion at this time. due to City Attorney suaaestion that the Annexation and Rezonina Ordinances be heard first. Motion was later restated under the Annexation and Development Aareement. a. Annexation Ordinance - Ordinance No. 2007-014 City Attorney Rosenthal read the title of the ordinance. Mayor Vandergrift opened the Public Hearing. Mayor Vandergrift closed the Public Hearing. Commissioner Hood. seconded by Commissioner Johnson. moved to adopt on second readina. the Ordinance No. 2007-014. approvina the annexation of 2.25 acres of land known as the West 50 Commercial Subdivision. located east of SR 429 and north of the Florida Turnpike in unincorporated Oranae County per staff recommendations: subiect to the approval of the Annexation and Development Aareement and the Sewer Refundina Aareement. Motion carried 5-0. . Page 11 of19 City Commission Regular May 15,2007 The ordinance as adopted on second reading carries the following caption: ORDINANCE NO. 2007-014 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 2.249 ACRES LOCATED APPROXIMATELY 586 FEET SOUTH OF STATE ROAD 50, AND TO THE EAST AND NORTH OF THE FLORIDA TURNPIKE 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 - Ordinance No. 2007-015 City Attorney Rosenthal read the title of the ordinance. Mayor Vandergrift opened the Public Hearing. Mayor Vandergrift closed the Public Hearing. Commissioner Hood. seconded bY Commissioner Johnson. moved to adopt on second readina. the Ordinance No. 2007-015. approvina the rezonina from Oranae County A-1. "General Aariculture" To Ocoee C-3. "General Commercial." of 2.25 acres of land known as the West 50 Commercial Subdivision. located east of SR 429 and north of the Florida Turnpike in unincorporated Oranae County per staff recommendations: subiect to the approval of the Annexation and Development Aareement and the Sewer Refundina Aareement. Motion carried 5-0. The ordinance as adopted on second reading carries the following caption: ORDINANCE NO. 2007-015 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY A-I, "GENERAL AGRICULTURE" TO OCOEE C-3, "GENERAL COMMERCIAL," ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 2.249 ACRES LOCATED APPROXIMATELY 586 FEET SOUTH OF STATE ROAD 50, AND TO THE EAST AND NORTH OF THE FLORIDA TURNPIKE PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNERS; FINDING SUCH ZONING TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN; PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL CITY ZONING MAP; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Page 12 of 19 City Commission Regular May 15, 2007 c. Annexation and Development Agreement Commissioner Anderson. seconded by Commissioner Johnson. moved to approve the Annexation and Development Aareement for the West 50 Commercial Subdivision. including approval of the waiver reQuests to Section 6-14C(2)(b)(i} allowina a 10-foot utility easement in the landscape buffer alona SR 50. and Section 6-14C(5)(h) allowina increased COpy area for the sianaae alona SR 50. subiect to the attached comments from the Engineerina Department; and deny the waiver reQuest to Section 6-14C(4)(a). which would exempt this proiect from providina cohesive and consistent architectural design for this subdivision: and adding the additional provision to the Annexation and Development Aareement that Waivers from Section 6-14 (C)4a of the Land Development Code may be approved by the City Commission on a case-bY-case basis and the owner may come directly to the City Commission to reQuest approval of any such waiver and neaotiate any upgrade standards. Motion carried 5-0. Community Director Wagner said this totally circumvents staff when the developers/owners have the right to come to the Commission when they can't agree with staff negotiations. Commissioner Anderson said he felt he should leave this as it stands because they are just talking about the architectural concept on these properties. I d. Sewer Refunding Agreement City Engineer Wheeler said the Commission previously approved the West 50 Wastewater Plan and the Sewer Refunding Agreement is before them tonight. Mayor Vanderarift. seconded by Commissioner Johnson. moved to approve the Sewer Refundina Aareement. Motion carried 5-0. e. PreliminarylFinal Subdivision Plan Senior Planner Howell's comments on the Preliminary/Final Subdivision Plan were made at the opening of this item. Mayor Vandergrift opened the Public Hearing. Mayor Vandergrift closed the Public Hearing. Commissioner Anderson. seconded by Commissioner Johnson. moved to approve the Preliminary/Final Subdivision Plan for West 50 Commercial Subdivision. includina approval of the waiver reQuests to Section 6-14C(2)(bl{i) allowina a 10-foot utility easement in the landscape buffer along SR 50. and Section 6-14C(5)Q1) allowina increased COpy area for the sianage alona SR 50. subiect to the attached comments from the Enaineerina Department. and deny the waiver reQuest to Section 6-14C(4)(a). which would exempt this proiect from providina cohesive and consistent architectural desian for this subdivision. Motion carried 5-0. I G. ORDINANCE FIRST READING - None Page 13 of 19 City Commission Regular May 15, 2007 I H. REGULAR AGENDA 15. Discussion Regarding RFQ for Charter School Consultant (City Manager Frank) This item was moved up on the agenda and heard before Item #1 A workshop was held prior to the regular Commission Meeting and two vendors, Charter Schools USA and In Rem Solution, Inc,. gave presentations before the Commission. Purchasing Agent Tolbert said they need a motion to award RFQ 07-05 Municipal Charter Schools Feasibility Study. She added that there is no recommendation from a selection committee because the City Commission is acting as the selection committee. Commissioner Anderson. seconded by Commissioner Hood moved to award the RFQ to Charter Schools USA to perform the Municipal Charter Schools Feasibility Study. Commissioner Anderson said he feels that both presentations were good, but Charter Schools USA can take us through the whole process, where In Rem could only assist with certain phases of the process. Commissioner Keller said he thought both were very good companies, but he agrees that Charter Schools USA is ready to move forward faster since they have the survey ready to go once the City chooses which questions they want to use to formulate the survey. Commissioner Hood said he feels Charter Schools USA has better knowledge and contacts, and they are more prepared to start this survey. Vote was taken after the discussion. the motion carried 5-0. City Manager Frank said the RFQ Committee will give him information by the end of the week, at which point he would contact the Mayor and move forward. 16. Discussion and Direction Regarding Seniors Low Income Homestead Exemption Increase (City Manager Frank) The Florida Legislature has recently amended Florida Statute 196.075 relative to an additional homestead exemption for low income seniors aged 65 and over with a household income of $24,214 or less. The amended statute now allows for a $50,000 exemption in addition to the standard $25,000 exemption; the city currently allows for an additional $25,000 exemption for low income seniors. City Attorney Rosenthal read the emergency ordinance title. City Attorney Rosenthal said that it only requires one reading. Mayor Vandergrift said that, due to the State Legislature at this time and the fact that we do not know what the statistics are, we should look at this again next year when we know what is going on. City Manager Frank confirmed that the extra 25,000 low income is still in effect in Ocoee, this would be in addition to that and we will revisit it next year. Mayor Vandergrift stated that he is a fiscal conservative and wished that State Legislature would stop accusing the local governments of throwing money away. He said some northern states are already paying a high state tax and we are growing so rapidly that we are struggling to keep up with it; if our tax is reduced further, we would have more people from up north moving in and would struggle even more to keep up with the increased population. Page 14 of 19 City Commission Regular May 15, 2007 Consensus of the Commission. without obiection. was to table this item to the future when further study has been done. City Manager Frank said Commission may want to consider appointing one of them as the commission liaison to work with the staff. City Attorney Rosenthal said not to make that a motion because then the meetings would fall under the Sunshine Law if it were a Commission appointed position. 17. Consideration of Proposed Traffic Calming Program. (Public Works Director Krug) The 2006-07 City budget allocated $40,000.00 for traffic calming projects. Public Works has received fourteen (14) traffic calming evaluation requests for the 2006-07 year. The attached summary documents the data collected and the results of the evaluation process. The attached recommendations are based on the Speed Humps & Speed Tables warrants detailed in the City's Planning Division Traffic Policies. These warrants, or minimum criteria, are liberal compared to the industry standard Traffic Calming State-of-the-Practice as published by the Institute of Transportation Engineers (ITE) in accord with the Federal Highway Administration (FHWA). Based on the attached data, Public Works is recommending the installation of a 4-way stop at the intersection of Hill A venue and Center Street, and to proceed with the Petition Drive Procedures for Kimball Dr., Center St., Marlene Dr. and Ridgefield Ave. The Ridgefield Ave. traffic calming would also include installing a speed table on Wanda St. to eliminate cut-through traffic. Following the 67% approval from homeowners with driveways directly connected to the affected street, Public Works would proceed with the installation of speed tables. Public Works Director Krug said they reviewed the fourteen requests received for traffic calming, and collected and updated the data. He asked Commission for permission to proceed with the next phase of Kimball Drive, Center Street, Hill Avenue, Marlene Drive, and Ridgefield Avenue. As presented in his staff report. Commissioner Hood. seconded bY Commissioner Johnson. moved to approve the procession of the traffic calmina proiects of Kimball Drive. Center Street. Hill Avenue. Marlene Drive. and Ridaefield Avenue. Commissioner Anderson inquired about the intersection of Orange Avenue because he feels it is used more than Hill A venue. He asked if a study could be done on those two roads before taking any action on Hill Avenue. Public Works Director Krug said yes. Commissioner Anderson also asked if they could look at Malcolm, which is a popular cut through to Russell Drive off of Flewelling. Commissioner Anderson said they had a stop sign on the railroad track and Russell Drive but it disappeared and he would like that to be checked out. Public Works Director Krug agreed to look over those issues. Vote was taken on previous motion. Motion carried 5-0. 18. Colony Plaza - Authorization to Under Take Certain Work Related to Proposed Code Enforcement Action Seeking Demolition. (City Attorney Rosenthal) Recommendation is that the City Commission authorize the retaining of First American Title Insurance Company to undertake a title search with respect to the Colony Plaza in accordance with their proposal dated April 5, 2007 and authorize the retaining of Nodarse & Associates, Inc. to a undertake Phase 1 environmental site assessment and a pre-demolition asbestos and lead-based paint survey in accordance with their proposals of March 22, 2007 and March 23, 2007, respectively., with funding coming from Account #001-514-00-3101 Legal Expenses. Page 15 of 19 City Commission Regular May 15, 2007 City Attorney Rosenthal stated that the report the Commission received outlined the Code Enforcement proceedings. He added that there will be some initial expenses related to title searches. There will have to be a proceeding held that names every holder for timeshare and condominium units as well as mortgage holders of each timeshare and condominium units. There are 246 condos and 47 time shares. At this point, they do not know how many times the time share units have been divided in terms of weeks. There are certain environmental requirements related to asbestos and lead based paint that will need to be addressed prior to demolition. An evaluation will need to be completed and will need to be relayed to the Code Enforcement Board prior to any demolition. A possible proceeding will need to be held to address all of the owners which could take up to 3 days. City Attorney Rosenthal stated that staff recommends that the City Commission authorize the retaining of First American Title Insurance Company to undertake a title search with respect to the Colony Plaza in accordance with their proposal dated April 5, 2007 and authorize the retaining of Nodarse & Associates, Inc. to undertake Phase 1 environmental site assessment and a pre-demolition asbestos and lead-based paint survey in accordance with their proposals of March 22, 2007 and March 23, 2007, respectively, with funding coming from Account #001- 514-00- 310 1 Legal Expenses. Commissioner Anderson inquired as to why First American Title Insurance Company was chosen for the title search. City Attorney Rosenthal stated that being as the cost would be over $25,000, they received proposals for two companies. They negotiated them down to the best they could and went with the most reasonable company. Commissioner Anderson asked why we chose Nodarse & Associates, Inc. City Attorney Rosenthal stated that they are on the City's continuing contract. City Engineer Wheeler stated that there are three firms under contract and they try to equally spread the projects amongst the three. Commissioner Anderson asked if the costs would be passed on to the owners of the properties. City Attorney Rosenthal stated that there have been some internal discussions, but they are looking into how to recover the costs and it will probably need to go into court to determine that. Commissioner Anderson suggested a motion picture studio could demolish the building as part of a movie to help reduce the demolition cost. City Attorney Rosenthal stated that it would be premature to look into that issue before you have had the proceeding before the Code Enforcement Board. Even with a favorable action from the Code Enforcement Board, this is not the City's property; it belongs to someone else, so there are a lot oflegal implications in doing that to someone else's property. Mayor Vandergrift stated that he is very much against this and they have no idea what it will cost. There will be $100 per unit times at least 400, and then 47 times shares. City Attorney Rosenthal stated that they negotiated and they have an upside fixed fee so it will limit the cost. Mayor Vandergrift inquired as to what the estimated cost. City Attorney Rosenthal stated that it will be a very expensive proceeding ranging from $100,000 - $250,000 not including demolition. Mayor Vandergrift stated condo laws are unique when you try to close on them, time shares could be worse. He added that as much as he would like to do something about it, he thinks the courts should handle. Commissioner Anderson stated that with the changes in the eminent domain laws, we now have CRA plan along the Highway 50 corridor, and now we can't take property through eminent domain. We have no other way of doing things under current laws. Four years ago the Commission thought that the plan with the CRA and eminent domain would work. Mayor Vandergrift said the courts decision originally was to bring the building Page 16 of 19 City Commission Regular May 15, 2007 back and have it start running again. City Attorney Rosenthal said the City did approve that plan, but receiver could not perform in the significant period of time and the agreement expired. No one else stepped forward to be a receiver. City Manager Frank said it is the only course of action available right now to get the building down in the next 5 years. They may be able to use funds from the CRA to help with costs if needed. Commissioner Johnson stated that somehow something needs to be done because someone will get seriously hurt with the kids hanging out in that building. Mayor Vandergrift said we should approach state legislatures and let them straighten it out. Commissioner Keller. seconded bY Commission Johnson. moved to approve retainina First American Title Insurance Company to undertake a title search with respect to Colony Plaza and to retain Nodarse & Associates. Inc. to undertake Phase 1 environmental site assessment and pre-demolition asbestos and lead- based paint survey for the Colony Plaza property. Motion carried 4-1 with Mayor Vanderarift opposed. I I. STAFF REPORTS City Manager Frank discussed letter from John Grogan regarding purchasing a building for the Police Department. He said he felt it is a viable suggestion that would save 8 to 9 million dollars as opposed to building a new station at A.D. Mims Road and he wanted to get input from the Commission. City Manager Frank said in light of the property tax reform, it may be better to work with an existing building to cut the costs. Mayor Vandergrift said there should be a feasibility report on the costs. Commissioner Keller said property on A.D. Mims could be expanded, but this property is smaller, and he asked how soon we will outgrow it. Police Chief Reffett said it would work for 5-7 years. Commissioner Keller said we also wanted to do some other things with the A.D Mims property, such as City Hall Annex. Commissioner Johnson said they can get in this building quicker. We now have 7500 sq ft, and 2000 sq. ft. in temp trailers. This site is just under 18,000 sq ft. Commissioner Anderson said if we are going to use existing buildings, we should look at other buildings such as the Furniture Store or other large building that we would not outgrow for 20 years. City Manager Frank could be .5 million be year less on debt service, which will help ifthe state reduces our revenue as we expect they are going to do. Commissioner Anderson asked about we could justify about half from impact fees. Consensus of the Commission said that a feasibility study should be done on this buildina and any other viable buildina in the city usinQ the 20 year concept. Page 17 of 19 City Commission Regular May 15, 2007 Commissioner Anderson asked that the debt service we are paying on the current building be included in feasibility study. City Manager Frank said we have a letter from GSG regarding a Fire Assessment Fee as revenue source that would be added as a non-ad valorem fee to tax bill. He said he would like to have GSG do a presentation at the next meeting to discuss this option. Consensus of the Commission. without obiection. was to have GSG aive a presentation at the next meetina. I J. COMMENTS FROM COMMISSIONERS Commission Keller 1) said he wants to let the Ocoee School Advisory Board know what they can and can not talk about since they are involved with the school issues before the School Board. He would like to see some type of meeting for the board that will bring them up to date on the Florida Sunshine Laws. Mayor Vandergrift asked the City Attorney and City Manager if a meeting could be set up to reinforce the Sunshine Laws to the boards. Commissioner Anderson stated he went to a Florida Sunshine Seminar that was really good and DVD's of the seminar were available if someone would like to look into that. 2) said back in the Fall there was something that came before the City Commission on parking on properties and he was wondering when it would be brought back before them. City Manager Frank stated it would be presented during the first meeting in June. Commissioner Johnson - announced Mr. Fleming was present to speak before the Commission on the Veteran's Memorial Committee. Mr. James Fleming gave a brief overview of the Veteran's Memorial and stated the Veteran's Memorial Committee will be making a presentation to the Parks and Recreation Advisory Board on May 21 st with their ideas on the memorial. After he gets the recommendation from the Parks and Recreation he will bring it back to the City Commission for approval. He further stated the only expenses the City should have would be in- kind services and the land the City would be donating, everything else would have to be raised by the Community. Commissioner Anderson 1) asked Public Works Director Krug about surveys being done on residents on Silver Star Road regarding yard maintenance in front of their house by FDOT. He further stated the residents should be informed as to what the City is or is not supposed to be doing so that they can judge more accurately. Mayor Vandergrift said if there are a couple individual cases where the residents are not happy they should be handled by an e-mail or call, policies should not have to be changed. 2) said he received a comment regarding the swimming pool bathroom and inquired if they are being cleaned on a day to day basis. Parks and Recreation Director Hayes stated he believed the restrooms were being inspected and cleaned on a daily basis but he will check with staff to see if a log is being kept on that. Commissioner Hood 1) informed Parks and Recreation Director Hayes that at the Vignetti Park on the walls there is some vulgar language that needs to be sanded or painted over, and 2) announced the Memorial Day Ceremony is scheduled for 11 :00 am on Friday at the Starke Lake Gazebo. Page 18 of 19 City Commission Regular May 15, 2007 I ADJOURNMENT The meeting adjourned at 10:45 p.m. Attest: APPROVED: City of Ocoee € Page 19 of 19