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10-18-11 MINUTES OCOEE CITY COMMISSION October 18, 2011, 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 Hood, Commissioner Wilsen, Mayor Vandergrift, Commissioner Johnson and Commissioner Keller. Also Present: City Attorney Rosenthal, City Manager Frank, City Clerk Eikenberry B. PRESENTATIONS AND PROCLAMATIONS Presentation of Fire Department Promotions of Lieutenant David Whitaker to Battalion Chief and Battalion Chief Tim Hoover to Deputy Fire Chief Fire Chief McNeil announced the promotion of Deputy Fire Chief Tim Hoover and gave a brief summary of Tim's history with the city. Deputy Fire Chief Tim Hoover was pinned by his wife. Fire Chief McNeil announced the promotion of Battalion Chief David Whitaker and gave a brief summary of David's history with the city. Battalion Chief David Whitaker was pinned by his son. Presentation of Plaque to Manheim Auto Auction and La Que Buena Radio Station for Contributions to Fiesta de Colores HRDB Chairman William Maxwell recognized and presented a plaque to a representative from Manheim Auto Auction further thanking them for all their generous contributions toward the Fiesta de Colores Festival. La Que Buena Radio Station was not present to receive their plaque. Proclamation — United Nations Day — October 24 Mayor Vandergrift read the proclamation for United Nations Day. Presentation - Withers - Maguire House CIP Manager Butler briefly explained the history of the Withers- Maguire house and how it was acquired by the city. He further explained the role of the Ocoee Historical Commission and their help with the restoration of the house. CIP Manager Butler summarized the city's plan for the Withers- Maguire house which included rentals and tours managed by the Parks and Recreation Department. He explained they are waiting for the tax exempt status declaration and a new agreement for the museum space of the house since the Ocoee Historical Commission lost its IRS tax - exempt status in May 2010 which was not known by the city until August 2011. CIP Manager Butler further provided exhibits showing the proposed renovations the city would like to incorporate into the house. City Commission Regular Meeting October 18, 2011 R.P Monacky, 1820 Prairie Lake Blvd., inquired if the Maguire House had fire insurance on it. Mayor Vandergrift said it does because it is city property. Alita Huff Mikiten, Ocoee Historical Commission, briefly gave a brief recap of the Historical Commission losing their tax exempt status and said they are currently working on reinstating this status. Ms. Mikiten said the Ocoee Historical Commission, at this time, will continue their regular hours of operation of 2 -4 pm on Saturdays and Sundays through November 6` The Withers- Maguire House is a unique and iconic piece of frontier Florida history and is almost 123 years old. Mayor Vandergrift inquired if any action was needed tonight other than letting things go as they are. CIP Manager Butler said that tonight's presentation was to just give an update to the commission on the budget items they had supported for the Withers- Maguire house. He further said there were many rumors going around on what was going to be done with the house and he wanted to make sure everyone was knowledgeable on the city's intentions. The Ocoee Historical Commission is still willing to participate with the city and there have been several meetings with them so that any questions could be resolved. Mayor Vandergrift said without objection he would like the city to move forward with the combination of city staff and the Ocoee Historical Commission helping each other out. The Mayor further announced there is a history of Ocoee book on sale for $20 at the water counter. C. COMMENTS FROM CITIZENS/PUBLIC Steven VanVarick with Ocoee Lions Club thanked the commission and city for the help with their Patriot's Day event. He said it was a great success and they hope to build on it and make it a bigger and better Patriot's Day event. He further reminded everyone that the Ocoee Lions Club Turkey Shoot starts this Saturday at Sam at the West Orange Girls Club. Mr. VanVarick announced that if anyone is interested in joining the Ocoee Lions Club they can stop by the turkey shoot to get more information. He also announced if there is anyone out in the community that is in need of eyeglasses please contact an Ocoee Lions Club member and they can help them out. D. STAFF REPORTS AND AGENDA REVIEW City Manager Frank made the following announcements: 1) An Ocoee resident who would like to speak regarding Item #6 so this will have to be pulled for separate consideration should the commission be inclined to grant that request. Mayor Vandergrift said without objection Item #6 will be pulled from consent agenda to be heard for separate consideration. 2) There is an emergency item is in front of them for the Interlocal Agreement for Use of County Solid Waste Management System - Letter of Intent. He further explained this will extend the city's interlocal agreement with the county for up to 180 days for staff to negotiate an agreement with Orange County. The final agreement will be brought back before the city commission for approval when negotiations are completed. Commissioner Hood, seconded by Commissioner Johnson, moved to approve the Interlocal Agreement for Use of County Solid Waste Management System — Letter of Intent. Motion carried 5 -0. Page 2 City Commission Regular Meeting October 18, 2011 3) On the dais there is additional material for Item #11. 4) The Annual Business Meeting of the National League of Cities will be on November 12 from 2:30- 4:30pm at the NLC in Phoenix. He further said the NLC is asking for the city to appoint a voting delegate and /or an alternate delegate (2 delegates). Mayor Vandergrift said without obiection Commissioner Johnson will be the delegate and Commissioner Keller will be the alternate delegate. 5) said it's the City's pleasure to invite local businesses to attend a meeting on Wednesday, October 19, 2011, at 6:30 pm at the Ocoee Community Center, 125 North Lakeshore Drive. The purpose of this meeting is to provide a direct dialogue between Ocoee's valued business community and City leaders to discuss potential solutions to help grow your business in today's economy. Space is limited, so please RSVP to Sharon Zink at (407) 905 -3157 or by email at szink @ci.ocoee.fl.us. E. COMMISSIONERS ANNOUNCEMENTS Commissioner Hood - 1) announced the Ocoee Haunted House begins on Thursday, October 27 from 7 -10pm, and Friday, October 28 and Saturday, October 29 from 7 -11pm. A $1 donation is being requested. The event will be hosting games and prizes. Commissioner Wilsen - 1) announced the 5K Run coming up on November 5 during Founder's Day. She further said this run is a fundraiser being hosted by Chick fila and Founder's Day for Savings Young Hearts. 2) announced the Marketplace Arts /Craft section is pretty well full for this upcoming Founder's Day. 3) announced Chick fila will be having a Spirit Night fundraiser for Ocoee Elementary next Tuesday, October 25 from 5 -8pm. Commissioner Johnson — 1) announced the Founder's Day Poker Run on Saturday, November 5 and further reminded everyone of the entertainment for the 2 -day event. City Engineer Wheeler announced the Founder's Day Golf Tournament has 20 slots open and recommends those that wait to the last minute to not do so this year because slots will fill up quickly. He further provided information on cost and hole sponsorship for the golf tournament. Commissioner Johnson said the Veteran's and Navy Honor Guard will also be present at this year's Founder's Day event. They are currently working out the details on the time frame for the honor guard's performance. Commissioner Hood again reminded everyone about the Ocoee Lions Club Turkey Shoot this upcoming Saturday. Commissioner Johnson said he wanted to get commission approval to order 6 American flags for the Founder's Day event. He said the flags can be used for other events and the cost for 6 flags is approximately $600. Commissioner Johnson, seconded by Commissioner Hood, moved to approve $600 to be taken from the Contingency Fund for the purchase of 6 American flags. Motion carried 5 -0. Commissioner Keller 1) announced on November 1 there will be a public hearing for the rezoning of the new Hackney Prairie Elementary School at 2pm at the County Building. Commissioner Johnson inquired if the qualifying for this upcoming election will be posted. City Clerk Eikenberry said qualifying is from November 14 -21 and it is being published in the West Orange Times and El Sentinel. This upcoming election will take place on January 31 due to the city piggybacking off the Presidential Election this year. Mayor Vandergrift said he Page 3 City Commission Regular Meeting October 18, 2011 would like for this commission to consider the city doing its own election so that they can set it at a permanent date. He further proposed they put it on the same election date as the general election in November. City Manager Frank said he believed the county would not allow the city to have their election on the same date as the general election. City Attorney Rosenthal clarified that the Supervisor of Elections will not run the election for the city if they chose the same date as the general election. He further said they would, however, allow them to use their machines. City Clerk Eikenberry briefly explained that if the city tried to hold a stand -alone election on the same date as the Presidential general election she is certain there would be no voting machines and equipment available for rental because they will already be in use by the Supervisor of Elections office. City Manager Frank said city staff could check into his request and come back with a cost. Mayor Vandergrift said without objection he would like for the city to look into this cost. Mayor Vandergrift — 1) announced that Thursday the Ocoee High School will be having a Spirit Night fundraiser at Texas Roadhouse. 2) reminded everyone that the Ocoee history book is for available for purchase at the water counter. 3) announced the Commission is wearing the pink t -shirts this evening in support of Breast Cancer Awareness Month. 4) announced this Sunday the Ocoee Christian Church will be celebrating over 125 years of existence in Ocoee. 5) announced for those at home on their computer if they go onto the Sounds of Sunshine website they can hear his wife singing from Houston, Texas. F. CONSENT AGENDA Commissioner Keller, seconded by Commissioner Wilsen, moved to approve the Consent Agenda Items #1 through #7 with Items #3 and #6 being pulled to be heard for separate consideration. Motion carried 5 -0. # # # 4 � > i # i Q �'c'�s i P 6 � "d' � A'3Q �1P # . � # P rt t m' 5 , � co „ 1Q� 8 t e #� 5i °> .'�` "Ta L € Q� �',H^�I 1 P# t # 8 1 .a Approved on Consent. Motion carried 5 -0. 1 :cc 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. The two -year terms of Gordon Applegate, Mary Barber, Sylvester (Ves) Baxter, Jr. and Herbert Watring end October 1, 2011. All members have indicated they are willing to serve another two -year term, if reappointed. Approved on Consent. Motion carried 5 -0. Page 4 — — City Commission Regular Meeting October 18, 2011 8 ! i @ ddb ! a 9d8& ! '' r �� k a �; � ? a,a� ss The Citizen Advisory Council for the Ocoee Fire Department (CACOFD) was created to promote and maintain communication, cooperation and a positive relationship between the City of Ocoee's citizens, City Commission and Fire Department. The board shall consist of no less than 7 members, no more than 15 members, who will serve three (3) year terms. The three -year terms of Members Warren Channel, Charles Lawrie, and Fred Wilsen end November 1, 2011. All members have indicated they are willing to serve another three -year term, if reappointed. City Attorney Rosenthal briefly explained that Commissioner Wilsen has asked to declare a conflict on this item due to her husband being considered for reappointment. Commissioner Wilsen declared her conflict. Mayor Vandergrift, seconded by Commissioner Hood, moved to approve the reappointment of Members Warren Channel, Charles Lawrie, and Fred Wilsen to the CACOFD Board. Motion carried 4 -0 with Commissioner Wilsen abstaining. '3 - / �.� I ! ! �! ! �..�Is� : a i3$ ��'���. �� �x oi� �� )�Pn�z d l• ➢ld In accordance with Resolution 2006 -010 as approved by the City Commission, Ocoee Professional Firefighters Local 3623 has filed a special event permit application for the purpose of selling beer at the Founder's Day Celebration on Friday, November 4th and Saturday, November 5th of 2011. Proceeds from the event will go towards local and surrounding charities which support residents within the community. Approved on Consent. Motion carried 5 -0. The FY 2011/2012 budget provided up to $75,600 for the purchase of 14 digital portable radios and accessories. In order to maintain compatibility and interoperability with Motorola radios currently utilized by the Orange County radio users group, Motorola radios must be purchased. Motorola is a sole source provider for these radios and offers only the Orange County contract pricing of $5400 per radio and related accessories. These radios will also be compliant with pending Federal mandates. Approved on Consent. Motion carried 5 -0. G @ ! ! d kb 1 ,, v - e I � y"c �l . ! R 9 @ 0 ! "30 ! ! f S A g- , z. k ! c s ,i +� ,y !� g qy , lilt ! ! `h,. ! '°,�3 '@, 6 4 °, ° 9 1 # t S i �. �S l t = Jr �s, - ,` ! ! ! f T S ! ! @ @ B I zi i The Pioneer Key I Rehabilitation Project was originally awarded by the Ocoee City Commission in January 2011 to Mercon Construction Co., which subsequently chose to terminate the contract after it had been executed and a performance bond provided to the City to ensure completion of the work. The City then awarded to the second - lowest bidder, Pospiech Contracting, Inc., in April 2011 at a price that was $183,144.32 higher than the Mercon contract price. The City then notified the Mercon performance bonding company, the Lexon Surety Group, of the City's claim against the bond for Mercon's failure to perform. Among other costs, the City incurred the additional cost of construction equal to the increase in contract price. Except for asking for contract documents, Lexon has not responded to the claim in a meaningful way. Should negotiations remain at an impasse, staff seeks authority for the City to file suit in Circuit Court seeking recovery of its additional costs associated with the failure of Mercon Construction Co. to fulfill its obligations, as insured by the Lexon performance bond. This item was pulled from the Consent Agenda and heard separately. Page 5 — City Commission Regular Meeting October 18, 2011 City Attorney Rosenthal explained that this item is a request from staff for the City Attorney to file suit seeking recovery of bonded additional costs associated with the failure of Mercon Construction Co. to complete the work related to the Pioneer Key I Rehabilitation Project should the bonding company, Lexon Insurance Co., fail to satisfactorily settle the City's claim against the performance bond. The amount in dispute is $183,144.32. He explained that this does not mean that they will be going out to file suit tomorrow but this will give them the position to be able to resolve the issues with the bonding company. City Attorney Rosenthal said they previously sent a notice to the bonding company but still have not received a response from them. They will continue their efforts to see if they can resolve this with the bonding company but unfortunately the bonding companies do not respond unless a suit is filed or you are in the position to file a suit. Glen Williams, Attorney representing the Lexon Surety Group, said he read the agenda item and has spoken to Mercon Construction. He is before the commission tonight because he wanted to let them know that this is a mistake because on March 11, 2011, Mercon Construction's attorney, Brian Bennett, had written a letter to the city explaining why Mercon had terminated their contract. He further explained that if there is any truth to the letter that Mercon's attorney wrote, than Mercon can file suit against the City of Ocoee for breaching its contract first. This breach would make it possibly for Mercon to be relieved from any further obligations to perform under the contract. Mr. Williams said that he wanted to make the commission aware that by approving this agenda item they will be forcing Mercon Construction to go out and retain an attorney to file suit against the City. He further said that he has discussed with his client (Lexon Surety Group) and Mercon Construction, regarding setting a meeting with the city officials in an effort to resolve this before there is any authorization to file suit. He is requesting that they move this item to another commission meeting and allow at least 30 days for resolution before this is approved by the commission. City Attorney Rosenthal commented that he does not recommend the commission discuss any of the merits and /or lack of merit to the case. He stated this is a matter as close to potential litigation that they can get to. He further said they are familiar with Mr. Bennett's letter and did respond to the letter at the time it was received. City Attorney Rosenthal said that prior to bringing this agenda item before the commission they had contacted Mr. Bennett to see if it was possible to resolve this and avoid bringing this item before the commission tonight. Mr. Bennett had responded to them that he was no longer representing Mercon Construction and was not aware as to who their attorney was. Following that on October 10 a letter was sent to Lexon Surety Group also trying to resolve this. He further said there was never a plan to run out and file a lawsuit so if the commission would like to approve the agenda item tonight with the caveat that they would not be authorized to proceed with any filing of lawsuit for at least 30 days that would acceptable. Mayor Vandergrift, seconded by Commissioner Wilsen, moved to approve the authority for the city attorney to file suit seeking recovery of bonded additional costs associated with the failure of Mercon Construction Co. to complete the work related to the Pioneer Key I Rehabilitation Project should the bonding company, Lexon Insurance Co., fail to satisfactorily settle the City's claim against the performance bond with the caveat that no lawsuit could not be filed less than 30 days from the date of this authorization. Motion carried 5 -0. - — Page 6 - City Commission Regular Meeting October 18, 2011 6 i 0 1 Q 4 n ! , & d � ����, r � ,i4"7a�a�"asr:a�,a�N'0.�n In conformance with the policies and procedures of the City of Ocoee (City) solicited bids from qualified contractors to construct the Blackwood Avenue Landscaping and Irrigation Project. All work for the project shall be designed and constructed in accordance with the drawings and specifications prepared by Bellomo Herbert and Company, Inc. Bids include all items necessary to furnish, deliver, and install all materials, equipment, incidentals, and services, including all labor. The project consists of the removal and installation of landscaping which will consist of Sylvester Date Palms, Oaks, Magnolias, as well as other trees and shrubs. The project also includes installation of a complete irrigation system along Blackwood Avenue from Old Winter Garden Road to State Road 50 (approximately 0.25 miles). Approved on Consent. Motion carried 5 -0. G. SECOND READING OF ORDINANCES — PUBLIC HEARING 1 4 a I 4,4 oow r4 s e 4r, <4r a to da o i s r i ` t y s' aF� � 8 ➢ 9 � �*a� a �'t�,�. ' 4 ooJ The subject property is located on the west side of 1 Street, south of Silver Star Road. The proposed Annexation and Rezoning is for the +/- 0.60 acre parcel of land known as the Donahue Property located at 120 1 Street. a. Annexation Ordinance City Attorney Rosenthal read the title of the annexation ordinance. City Planner Rumer stated the proposed Annexation and Rezoning is for the +/- 0.60 acre parcel of land known as the Donahue Property located at 120 1 Street.. Mayor Pro Tem Wilsen opened the Public Hearing. Mr. Rumer stated the applicant was here but had to catch a plane so he left a few moments ago. Mayor Pro Tem Wilsen closed the Public Hearing. Commissioner Wilsen, seconded by Commissioner Keller, moved to approve Annexation Ordinance No. 2011 -016 approving the annexation for the Donahue property located at 120 1 Street. Motion carried 4 -0 with Mayor Vandergrift away from the dais. The ordinance as adopted carried the following title: ORDINANCE 2011 -016 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE CITY LIMITS OF THE CITY OF OCOEE, FLORIDA; CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 0.60 ACRES LOCATED ON THE WEST SIDE OF 1ST STREET, SOUTH OF 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. Page 7 - -- - - City Commission Regular Meeting October 18, 2011 b. Rezoning Ordinance City Attorney Rosenthal read the title of the Ordinance. City Planner Rumer previously stated the proposed Annexation and Rezoning is for the +/- 0.60 acre parcel of land known as the Donahue Property located at 120 1 Street. Mayor Vandergrift 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 2011 -017 for the property located at 120 1 Street. Motion carried 4 -0 with Commissioner Johnson away from the dais. The ordinance as adopted carried the following title: ORDINANCE 2011 -017 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY R -1, "Low Density Residential" TO OCOEE R -IA, "SINGLE FAMILY DWELLING," ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 0.60 ACRES LOCATED ON THE WEST SIDE OF 1ST STREET, SOUTH OF Silver Star Road; 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. to 6-44 TAT c'k* a� v a ma .° �f � " °+ ��'�l�rtq �-� a����� eo `" � �,?�s'a s �..7 €a° ,fir "` � ✓ m o ' � t a ism k ma a � ( g ,r *. zJ`..w, i env r a try. A Staff is requesting approval of an Ordinance providing for amendments to the Land Development Code relative to Table 5 -1 of Article V of Chapter 180, making Pawn Shops prohibited in the C -2 zoning district, and prohibiting Automobile Service Stations and Automobile Repair in the C -2 zoning district. City Attorney Rosenthal read the title of the Ordinance. City Planner Rumer explained the current Code and stated the amendment would the make Pawn Shops prohibited in the C -2 zoning district, and prohibiting Automobile Service Stations and Automobile Repair in the C -2 zoning district. He advised they would still be permitted in C- 3 zoning districts. City Attorney Rosenthal explained that there is no grandfathering in of this code. Upon adoption of this ordinance, any existing Pawn Shops, Automobile Service Stations, and Automobile Repair businesses would become legal nonconforming uses. They could continue to do business as usual but could not expand the use or rebuild. They could do repairs under the stipulations in Section 5 -10 of the LDC. Additionally, any one with C -2 property would not be able to change to this type of use on their property and anyone with a pending application before the city for this type of use would be prohibited. At this time there is a pending application for a Tire Kingdom at Ocoee Town Center at Bluford and Hwy 50. The Plat is currently under review. Page 8 City Commission Regular Meeting October 18, 2011 In the absence of a grandfather clause, if this ordinance is adopted, the applicant would be subject to the new zoning which would prohibit this use. The applicant was made aware of staff's intended zoning changes. That particular use is not even a current permitted use in C -2 zoning; it requires a special exception and several public hearings, so this would prevent it from moving forward. He wanted to clarify how the proposed changes affect existing use, pending applications, and future use to ensure there is not ambiguity on the part of the commission. Commissioner Hood, seconded by Commissioner Johnson, moved to approve on second reading Ordinance No. 2011 -019, approving Land Development Code Amendment — Table 5 -1 as presented by staff. Motion carried 5 -0. The ordinance as adopted carried the following title: ORDINANCE 2011 -019 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA AMENDING CERTAIN PROVISIONS OF THE OCOEE LAND DEVELOPMENT CODE; AMENDING TABLE 5 -1 OF ARTICLE V OF CHAPTER 180 TO AMEND PERMITTED USE REGULATIONS APPLICABLE TO AUTOMOBILE REPAIR, AUTOMOBILE SERVICE STATIONS, AND PAWN SHOPS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. H. PUBLIC HEARINGS rr /, s3 ad✓ r r a • € I) /04% 9 a e t , `., On August 2, 2011, the City Commission, at the request of the developer, voted to continue the Public Hearing on this item until September 20, 2011. On September 20, 2011, the City Commission, at the request of the developer, voted to continue the Public Hearing on this item until October 18, 2011. At this time we have received a written request from the developer that they will resubmit for the November 15` meeting. City Planner Rumer said that staff determined it is best to cancel this item because it has been continued many times and there is an outstanding legal item that does not have a definite date to be resolved. The applicant understands the need to cancel and re- advertise at a later date. Commissioner Keller, seconded by Commissioner Johnson, moved to Cancel the Public Hearing on Eagle Creek of Ocoee Preliminary Subdivision Plan to be rescheduled when the staff is ready to move forward. Page 9 City Commission Regular Meeting October 18, 2011 I. REGULAR AGENDA a s"� € a���' e �� J 111;.-:" I 1 4! i m N � ,, , 'OA The property located at 811 Doreen Avenue was cited on March 5, 2007, for violations of Ocoee Code of Ordinance 165 -3 Abandoned/Junk Vehicle Requirements, Land Development Code 6 -4 H 5(b) Off Street Parking Requirement, Minimum Standard 108 -24 D Care of the Premises, and Land Development Code 5 -1 E (1)(a) Land Use Regulation for Commercial Equipment Storage. The code violations were for untagged / inoperable vehicle, trailers stored in front of the property, and commercial dump truck without tag parked on property. The Code Enforcement Board issued an order to comply by June 22, 2007, or be fined $150.00 per day. The fine accrued to date is $107,850.00 plus City's administrative cost of $774.76, totaling $108,624.76. Citi- mortgage, Inc. acquired certificate of title to this property for $9,100.00 on March 1, 2011. They are requesting the reduction of fine of $107,850.00. Assistant to the City Manager Gaines gave a brief history, with exhibits, of the violations cited for the property at 811 Doreen Avenue. He explained that the owner of the property could not get the tenant to comply and choose not to evict him. Scott Stengel, attorney for Citi- mortgage, stated that they became aware of the lien when they began the foreclosure proceedings on this property. He added that there was no third party purchaser in this case; the property has not been listed for sale at this time. He stated that when the bank took over the property the vehicles were removed and the property was kept in compliance. He asked that the fines be reduced to the city's costs of $774.76 as recommended by the Code Enforcement Board. Mayor Vandergrift asked if we are in position to get any money if the home is sold. City Attorney Rosenthal stated the $9,100 is the minimum bid for the property. Commissioner Wilsen said that she refuses to go with just the city's cost on this; that neighborhood had to suffer through the eye sore of this property for three years. Commissioner Wilsen, seconded by Commissioner Johnson, moved to reduce the fine /lien amount to $3,000 payable with 90 days or the fine reverts back to the original fine amount. Scott Stengel, attorney for Citi- mortgage, asked Commissioner Wilsen where the amount of $3000 comes from. Commissioner Wilsen stated it is a reduction from the $107,000 that has accrued. Commissioner Hood stated that they have gone much higher on other on liens this high, but he will vote for the $3000 if Commissioner Wilsen is happy with that because it is her district. After the discussion, a vote was taken. Motion carried 5 - 0. Commissioner Keller asked if they City can do anything in cases like this to force the tenant to move the vehicles off of the property. Mr. Gaines stated the only teeth the city has is to fine the property owner. We cannot physically remove anything from the property. City Manager Frank stated that the police department can get involved in they are parked all over the sidewalk or right of way. Commissioner Keller asked about getting a court order. City Attorney Rosenthal stated a court proceeding could be brought forward and if the court order was not adhered to it would be brought back to the courts. Those cases tend to go on for a long time and are cost prohibitive. Mayor Vandergrift asked about enforcement the hazards of having the construction equipment around. City Manager Frank stated if there is a health or safety hazard the city could take action. Page 10 City Commission Regular Meeting October 18, 2011 J. STAFF ACTION ITEMS K. COMMENTS FROM COMMISSIONERS Commissioner Keller 1) Stated that a few months ago the Commission discussed keeping the gate closed on Rich Drive in the Forest Oaks Subdivision. He said he would like to move forward with an ordinance /public hearing or whatever is needed to pursue this. Assistant City Manager Shadrix said he has spoken with the City Attorney and they can bring back a resolution with an advertised Public Hearing. Commissioner Hood said he believes there are some residents that would like to see the gate opened; he would like to see a survey done in the neighborhood. Commissioner Johnson said they need to research this because it was set up years ago to be a temporary gate. Commissioner Keller said he would like to make it permanently closed as an emergency exit only. Commissioner Hood said if there is an accident at the railroad track and the road is blocked the residents north of there would have no way to get out, so it must remain open for emergency vehicles and an emergency alternative route. He explained that previously there had been an accident and the chain had to be cut on the gate to let the residents in and out. There was discussion regarding the public hearing. City Attorney Rosenthal said that it is up the City as far as who should respond to the survey, but the public hearing would have to be advertised in a newspaper as required by law. Commissioner Keller stated he would rather just survey the Forest Oaks subdivision with regard to the road closure on Rich Drive because they are the affected group of people. Commissioner Hood said he would like to make sure there is no liability to closing that road because there is only one way in and one way out. City Attorney Rosenthal said there would not be a definitive answer as far as liability, but probably there would be a defense of sovereign immunity. The road has been closed for over twenty years at this point; we would not be closing an open road. There was further discussion regarding who should receive the survey and the timeline for the responses and public hearing. Consensus of the Commission was to survey residents and/or homeowners at each Forest Oaks address regarding the road closure on Rich Drive and have them respond before the Commission Meeting on December 6, 2011 so that an advertised Public Hearing can be held on that date. Commissioner Hood asked the City Manager if a representative from the city could attend the Orange County meeting on November 1 and he responded in the affirmative. Commissioner Wilsen asked how many residents are in Forest Oaks; Commissioner Keller responded that there are approximately 200 homes there. (Further research showed approximately 300 homes). — – — Pa - 11 City Commission Regular Meeting October 18, 2011 Commissioner Johnson - 1) said he likes the Ocoee CRA signs by Blackwood and would like to see another one near Winter Garden at the other end of the CRA. City Manager Frank said it is a sharp sign and we would like to place more around the City. CRA Manager Wagner said they are planning a way - finding program with common signage with similar theme up and down the road; it is just a matter of money. 2) said he would like to see the City have a brick sign with LED lighting to announce city events, similar to what Apopka has. City Manager Frank said we would have to look into changing the Code and having regulations apply. There was discussion about changing the Code to allow this; CRA Manager Wagner cautioned that is a door that once it is opened one inch, it is very hard to regulate. There was discussion about certain areas where the LED signage looks terrible. Commissioner Wilsen — 1) announced MVP grants applications are due back to City Hall by November 30, 2011. 2) said there is some construction with reclaimed water on White Road and asked residents to be patient. Commissioner Hood - 1) announced the Turkey Shoot is this Saturday at the girls soccer field 2) invited everyone to the Haunted House Thursday through Saturday, October 27 — 29, 2011. ADJOURNMENT The meeting was adjourned at 9:08 p.m. APPROVED: Attest: City of Ocoee enberry, City Clerk S. Scott Vandergrift, Ma r Page 12