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HomeMy WebLinkAbout_1997 04 28 City Commission Regular Minutes REGULAR MEETING CITY COMMISSION APRIL 28, 1997 ROLL CALL: Mayor Paul P. Partyka, present Deputy Mayor David McLeod, present City Manager Ronald W. McLemore, present City Attorney Frank Kruppenbacher, present COMMISSIONERS: Larry Conniff, present Michael Blake, present John Langellotti, present Cindy Gennell, present Mayor Partyka announced Agenda Changes: Consent Agenda Item "B" will be tabled. Informational Agenda Item "A" will be first before the Consent Agenda. Also, Attorney's Report will be after the Informational Agenda, ahead of the Consent Agenda. Mayor Partyka said in light of what the Commission discussed at the last meeting, we are going to strongly support our time limitations for Public Input and that will be: for individuals will be three minutes and for leaders of groups five minutes. Approval of Minutes of April 14. 1997: Motion was made by Commissioner Langellotti to approve the minutes of April 14, 1997. Seconded by Commissioner Conniff. Discussion. Vote: Commissioner Conniff: aye; Commissioner Blake: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. Mayor Partyka presented the family of William "Buddha" Schaeffer a Proclamation for his service to the City of Winter Springs. PUBLIC INPUT Rolf Utegaard, 797 Austin Court, spoke on behalf of the Tuscawilla Country Club task Force in regards to the Tuscawilla issue. Harold Scott, 911 Augusta National Blvd., spoke regarding the First Reading ofOrd. 645-B and regarding the records destruction and about non-competitive bids. Kay Corum, in-coming President of the Winter Springs Rotary, presented the Mayor and Commission a framed poster from the 1996 Winter Springs Art Festival and gave a break-down of the monies collected and the organizations that the Rotary contributed to. Joanne Krebs, 1002 Taproot Drive, thanked the City Manager for acting quickly in response t her garbage complaint and asked about the modification to Tuscawilla Road. Peggy Baker, 690 Tuscora Drive, spoke regarding the Tuscawilla issue. Ed Martinez, 802 Lepoard Drive, spoke regarding the Tuscawilla issue. Reeular Meetinl! City Commission Aoril 28. 1997 96-97-13 Paee 2 Bill Fernandez, 250 Panama Road East, President of the Ranchlands Homeowner Association, thanked the City Manager for the horseback riding signs in the Ranchlands. IV. INFORMATIONAL AGENDA Parks and Recreation Department A. Desires to update the Commission on the progress of the development of the Cross County Trail System. PURPOSE: to bring the Commission up to date on trail activity as follows: (1) update on activity by City Staffand City Task Force; (2) update by Commissioner Morris and County Staff on County activity: Brook Seal, Acting Parks and Recreation Director, gave his presentation. Forest Michael, City's Consultant, gave a presentation on the conceptual Trail Head Plan. Bob Krause, City's Task Force Chairman, gave highlights of the Committees activities, and mentioned a July 4th Walk-a-Thon. Randy Morris, Chairman of the Seminole County Board of Commissioners gave a presentation. Chris Bolie, Seminole County's Greenway and Trails Planner and Colleen Rotilla gave presentations. Isabelle Laub, Blue Spruce Court, thanked Commissioner Gennell for her work with the Trails. Mayor Partyka thanked Commissioner Gennell, Brook Seal, Forest Michael, the City Manager and the City's Task Force for all their work. Mayor Partyka also thanked Commissioner Morris and his Staff CITY ATTORNEY'S REPORT: Attorney Kruppenbacher introduced Attorney Pete Winder, Senior Litigation Council of Carlton Fields in the Tampa Office and Attorney Charlie Cassavivi, Manager Partner of the Orlando Office of Carlton Fields Law Firm. Attorney Kruppenbacher said as discussed earlier (and review this with the City Manager) the standard rates for these lawyers are upwards of $245 and higher and said they have negotiated the top rate for their lead lawyers to be no more than $200 per hour and for any lawyer who normally bills below $200, whatever that regular rate is. The anticipated budget that they have come up with right now based upon handling the declaratory judgement action that we want to file in Seminole County, the water action that we want to deal with in Seminole County and the matter pending in Tampa regarding the motion to remove and bring the matter back over to Seminole County; to be somewhere in the 70 to 90 thousand dollar figure for all of that litigation. That is based upon what is readily available right now, that would be to do all discovery, all legal filings, the briefs, etc. Each of you (with the exclusion of one Commissioner) have received, been served with or are notice now that you will be served with notices of depositions. You would be meeting with the Attorneys from Carlton to prepare yourself for those depositions, additionally, if you decide to continue forward with them, they have asked if the Commission could schedule a litigation meeting, a closed meeting, where they would talk with the Commission. The people at that meeting, (at this Reeular Meetine Citv Commission Aoril28. 1997 96-97-13 Paee 3 point) would be: City Manager McLemore, Mayor Partyka, Commissioners: Conniff, Blake, Langellotti, Gennell, McLeod, a Court Reporter, Mr. Cassivivi, Mr. Winders and Mr. Graves who is a land use expert Attorney in their office. Attorney Winders stated there, as the Commission knows, has been a cross claim filed in Hillsborough County, and we feel and are prepared to file a motion tomorrow to dismiss that action, that cross claim on the grounds that the City has a privilege to be sued in Seminole County. It is a very strong and long standing policy in Florida, public policy, that a City should not be spread all over the State defending itself and you have a privilege here. The idea here that there a allegation in that foreclosure action where the cross claim originates, that the City may claim an interest in the property by virtue of the Settlement Agreement that exists as a matter of record over here (Seminole County) the City answered and simply left it up to the Court. The idea that that would be a waiver of a sub stant right to transfer, to have the major piece oflitigation that would interfere with the business of the City, if held over there, is very remote and that is not what that policy is for; the policy protects the City and the taxpayers and the interest of the City with having it here and we feel very strongly that is what will happen. Attorney Winders stated that he can't guarantee, but feels it is a very strong and well established public policy and they want to file that immediately. Attorney Winders also stated that Judge Benson in the settlement agreement, retained jurisdiction to decide questions about the settlement agreement in his order approving it and we would like tomorrow to also file something in his court asking that he take jurisdiction and handle that over here. Attorney Winders gave an overview of his firm and stated that they would feel honored to accept the City employment. Discussion. Attorney Kruppenbacher said that the Commission needs to make a motion to retain the law firm of Carlton Fields pursuant to the representations made to the Commission tonight and to schedule a litigation meeting for a time certain and said he would anticipate that meeting would run no longer than three hours. Discussion among the Commission for a date to hold the Closed Executive Session. It was determined that the Commission would hold a Closed Executive Session on May 6, 1997 at 6:30 p.m. Motion was made by Commissioner Blake to retain the law firm of Carlton Fields pursuant to the representations tonight and to hold a Closed Executive Session on May 6, 1997,6:30 p.m. to discussion litigation strategy regarding the F.C.C.I., Tuscawilla Land Company, James Mikes, and Mr. Mikes wife - Hamilton, visa vi, the City's corresponding actions that will be in Seminole County. Seconded by Commissioner McLeod. Discussion. Vote: Commissioner Blake: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Conniff: aye. Motion passes. Mayor Partyka called a recess at 8:00 p.m. Mayor Partyka reconvened the Regular Meeting at 8:05 p.m. Reeular Meetine City Commission Aoril 28. 1997 96-97-13 Paee 4 CONSENT AGENDA Land Development Division A. Requesting Commission approval for recordation of the plat and supplemental covenants for Winding Hollow Unit 4. PURPOSE: to record the plat and supplemental covenants for Winding Hollow Unit 4 (that property located southward of S.R. 434 and to the west of City Hall and to the west of Winding Hollow Boulevard. Parks and Recreation Department C. Requests the Commission accept the low bid received from Kershaw's Mower and Equipment of $11,059.86 for purchase of commercial lawn equipment per City Bid Request No. 97-006. PURPOSE: to select the bidder and equipment recommended for purchase and to authorize purchase of same. Parks and Recreation Department D. Requests the Commission accept the low bid of$87,800 by Specialty Contracting & Construction Inc., subject to negotiations for the construction of the expansion of the maintenance building at Central Winds Park. PURPOSE: to accept the low bid and direct that a contract be completed and that plans be amended so final construction will proceed for less than the assigned budget of $70.000: Motion was made by Commissioner Conniff to approve the Consent Agenda. Seconded by Commissioner McLeod. Discussion. Vote: Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Conniff: aye; Commissioner Blake: aye. Motion passes. Manager McLemore mentioned regarding the item on the Recreation Building, we have a negotiated amount (at this point in time, with the assistance of Commissioner McLeod) at $57,500. REGULAR AGENDA Community Development Department A. Requests the Commission hold a Public Hearing and approve the Second Reading and adoption of Ordinance No. 658 to change the Future Land Use designation of the eight (8) acre "Joyce" parcel located on the south side of Orange Avenue west of Tuskawilla Road bordering the north property line of the Winter Springs High School land. PURPOSE: to request the Commission hold a Public Hearing and approve the Second Reading and adoption of Ordinance No. 658 to change the Future Land Use designation of the eight (8)) acre "Joyce" parcel, that would be developed along with the "Button" property adiacent to the east into single family residential subdivision from "Mixed use" to Attorney Kruppenbacher read Ord. 658 by title only on Second Reading. Mayor Partyka closed the Regular Meeting and opened the Public Hearing and asked if anyone wished to speak pro or con regarding this Ord. No one wished to speak. Mayor Partyka closed the Public Hearing and reconvened the Regular Meeting. Motion was made by Commissioner Langellotti to adopt Ord. 658 changing the Future Land Use designation from Mixed Use to Lower Density Residential on the 8 acre Joyce parcel. Reeular Meetine City Commission April 28. 1997 96-97-13 Paee 5 Seconded by Commissioner Conniff. Discussion. Vote: Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Conniff: aye; Commissioner Blake: aye; Commissioner Langellotti: aye. Motion passes. Community Development Department B. Requests the Commission hold a Public Hearing to approve the Second Reading for adoption of Ordinance No. 645-B continuing a moratorium on the construction and/or erection and/or location and placement of Telecommunication Towers within the City. PURPOSE: to allow the city time to study and make changes indicated by the Commission at its workshop of April 7, 1997, to proposed Ord. 645 regulating the location, construction, and impacts of Telecommunications Towers in the City that will protect the health. safety. and welfare of the residents and businesses in the City: Attorney Kruppenbacher read Ord. 645-B by title only on Second Reading. Mayor Partyka closed the Regular Meeting and opened the Public Hearing and asked if anyone present wished to speak pro or con on this ordinance. Harold Scott, 911 Augusta National Blvd., asked when the First Reading ofOrd. 645-B was held. Mayor Partyka stated the first reading was on April 14, 1997. Mayor Partyka closed the Public Hearing and reconvened the Regular Meeting. Motion was made by Commissioner Gennell to approve Ord. 645-B. Seconded by Commissioner McLeod. Discussion. Vote: Commissioner McLeod: aye; Commissioner Conniff: aye; Commissioner Blake: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye. Motion passes. Land Development Division C. Requesting Commission approval for recordation of the Replat of Lots 23 thru 26, Chelsea Parc at Tuscawilla, Phase II, Plat Book 46, Page 64 and 65. PURPOSE: to record the Replat of Lots 23 thru 26, Chelsea Parc at Tuscawilla, Phase II, Plat Book 46, Page 64 and 65 (those lots located on the east side of Creekside Drive and backing up to the western edge of Greenbriar Lane). This replat will correct a surveyor's error on the original plat which led to three (3) lots being out of Code compliance: Motion was made by Commissioner Conniff to approve the recordation of lots 23 thru 26 Chelsea Parc at Tuscawilla, Phase D. Seconded by Commissioner Blake. Discussion. Vote: Commissioner Conniff: aye; Commissioner Blake: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. Land Development Division D. Requesting Commission approval of Ordinance No. 660 vacating a portion of a 15 foot drainage easement located to the rear of Lot 44, Chestnut Ridge (216 Chestnut Ridge Street). Action at this meeting is for the First Reading of this Ordinance. The Second Reading and adoption of this Ordinance No. 660 will be at a later meeting. PURPOSE: to vacate a portion of an existing 15 foot Reeular Meetine City Commission Aoril28. 1997 96-97-13 Paee 6 drainage easement located to the rear of Lot 44, Chestnut Ridge (216 Chestnut Ridge Street). This will allow the owner of the property to build a screen enclosure: Motion was made by Commissioner Blake to read Ord. 660 by title only on First Reading. Seconded by Commissioner Langellotti. Discussion. Vote: Commissioner McLeod: aye; Commissioner Gennell: aye; Commissioner Langellotti: aye; Commissioner Blake: aye; Commissioner Conniff: aye. Motion passes. Attorney Kruppenbacher read Ord. 660 by title only on First Reading. MaryAnne Fitzpatrick asked if there would be a drainage problem with the vacation of this easement. Public Works Department E. Requesting a Workshop to review the update to the Traffic Circulation Element of the Comprehensive Plan. PURPOSE: to request that the Commission schedule a workshop for May 19, 1997, to review the revisions to the Traffic Circulation Plan prior to beginning the formal review process: Motion was made by Commissioner Blake to schedule a worlcshop on Monday, May 19, 1997 at 6:30 p.m. to discuss the Circulation Element of the Comprehensive Plan. Seconded by Commissioner Langellotti. Discussion. Vote: Commissioner Gennell: aye; Commissioner Langellotti: aye; Commissioner Blake: aye; Commissioner Conniff: nay; Commissioner McLeod: aye. Motion passes. Commissioner McLeod stated that includes inviting the Planning and Zoning Board and the Commerce & Industry Development Board. City Manager F. Requesting the Commission to approve an agreement with Classic Properties of Central Florida, Inc. to provide water and sewer service to a 1.3 acre parcel on the northeast corner of Seneca Boulevard and Winter Springs Boulevard in Oviedo, and to provide for the future annexation of said parcel. PURPOSE: to request approval of an agreement to provide water and sewer service to a 1.3 acre parcel located on the northeast corner of Seneca Boulevard and Winter Springs Boulevard in Oviedo and to provide for the future annexation of said parcel: Manager McLemore stated that there was a small error in the agreement; the owner/developer has suggested some minor language to amend it with. Attorney Kruppenbacher read the amendment to the agreement as follows: (1) the developer/owner would simultaneously with the receipt of a certificate of occupancy for the subject property, execute and file with the City of Oviedo a petition to be prepared with the assistance and guidance of Attorney Kruppenbacher for de-annexation; (2) a petition prepared with the assistance and guidance of Attorney Kruppenbacher as the Attorney for the City of Winter Springs for annexation into the City of Winter Springs. (3) the City will provide both water and sewer and the City will charge their standard rates; (4) the City agrees that for as long as it is legally permitted to do so, it will provide water and sewer to the subject property - if for some reason beyond the control of the developer/owner and the City, the annexation is unable to be affectuated (if something happens and the developer/owner can't get it into our City, we are going to agree to legally continue to do it); (5) Reeular Meetine Citv Commission Aoril 28. 1997 96-97-13 Paee 7 the City agrees to expedite all permits and approvals necessary to allow construction of the planned building, should the City of Oviedo delay the approval processes the result of this agreement. Motion was made by Commissioner McLeod to approve to supply water and sewer to this property including the recommendations (stated above) by the City Council. Seconded by Commissioner Blake. Discussion. Vote: Commissioner Langellotti: aye; Commissioner Blake; aye; Commissioner Conniff: aye; Commissioner McLeod: aye; Commissioner Gennell: aye. Motion passes. City Manager G. Requests the Commission to authorize the City Manager to enter into an agreement with the Government Services Group, Inc. (G.S.c.) and the Law Firm of Nabors, Giblin and Nickerson (N.G. & N.) To develop an Assessment District to construct a wall for the Oak Forest Subdivision. PURPOSE: for the Commission to authorize the City Manager to enter into agreement with the joint venture group ofG.S.C. and N.G. & N. to develop all of the documents necessary to effectuate an assessment district to finance the construction and perpetual maintenance of a beautification architectural quality wall for the Oak Forest Subdivision: Motion was made by Commissioner Conniff to approve Item G Seconded by Commissioner Langellotti. Discussion. Vote: Commissioner Conniff: aye; Commissioner Blake: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. Motion was made by Commissioner Blake to direct the City Manager to arrange a special meeting with the Oak Forest homeowners that will be part of the affected area in Oak Forest to get together for an informational session prior to the ballot being sent out for this special taxing district. Seconded by Commissioner McLeod. Discussion. Vote: Commissioner Blake: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Conniff: aye. Motion passes. City Clerk H. Requesting Commission review information on Records Management. PURPOSE: to review information on Records Management and to hear presentation by Steve Lewis of Florida Data Bank, Inc.: Manger McLemore gave his presentation. Attorney Kruppenbacher stated that following this issue coming up (at the last meeting) in the litigation involving F.C.C.!., an emergency motion was filed to preclude the City from destroying any records. Attorney Kruppenbacher said he contacted Mr. Solomon and advised him that before the City destroyed any records (in the future, assuming things were authorized to be destroyed) that the City would give them ten days notice and they could come and look at whatever would be destroyed and if there was a problem, we would bring it before the Judge or resolve the problem. Steve Lewis, Vice-President of Florida Data Bank, Inc., gave his presentation. Discussion. Reeular Meetine Citv Commission Aoril 28. 1997 96-97-13 Paee 8 Motion was made by Commissioner Conniff to approve the Records Management Proposal that was made to the Commission by Mr. Lewis. Seconded by Commissioner Langellotti. Discussion. Vote: Commissioner Langellotti: aye; Commissioner Gennell :aye; Commissioner McLeod: aye; Commissioner Conniff: aye; Commissioner Blake: aye. Motion passes. VI. REPORTS I. City Attorney - Frank Kruppenbacher: Attorney Kruppenbacher said he received a special warranty deed/owners affidavit of no liens, hold harmless indemnification certification affidavit memorandum of trust, commitment for title insurance/title endorsement survey and Phase I environmental audit, that he reviewed for the property on S.R. 434 (Yeager property) that was to be donated to the City for a Fire Station. Attorney Kruppenbacher said that this complies with the City's requirement, and said his recommendation would be that the Commission has a motion authorizing the City Manager to take the steps to accept the property subject to he and his Staff going through the documents and confirming that from a Staff's standpoint there are no issues, this is the property they want etc. Motion was made by Commissioner Langellotti to approve the Attorney's recommendations. Seconded by Commissioner Conniff. Discussion. Vote: Commissioner Blake: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner Conniff: aye; Commissioner McLeod: aye. Motion passes. Attorney Kruppenbacher said to clarify one last issue, as parliamentarian, if in the future there is a request or desire to cut off debate, he asks that there be an affirmative vote of the Commission to cut off the debate, then you would go to a vote of what the issue is. 1. City Manager - Ronald W. McLemore: Manager McLemore said he received a complaint (at the last meeting) regarding Moss Road, Flamingo Road, Hacienda Village area, drainage. Manager McLemore stated he has talked about this with the Public Works/Utility Director Kip Lockcuff and it involves some work that was in the City's plan two years from now for construction. Manager McLemore said he has asked Mr. Lockcuffto start the design and permitting on that project to be brought up in the budget to next fiscal year. Manager McLemore said prior Commissions had stated that they did not want us to respond to Legislative Alerts relative to legislation being offered to let the larger entities and organizations such as the League of Cities, take care of those issues for us; as a rule he does not respond to those nor bring them in front of the Commission. The dilemma that we had is that we get those either a day or even an hour before the committee votes and they want you to move right then to make your legislative delegate or committee aware of your position. Manager McLemore said that as the Commission meets every other week, it is impossible for him to get the Commissions approval, however there is one issue going through the Legislature right now and as a Manager he would like to join with other City Managers in the State to make a statement about a bill that is going to the legislature on Police and Fire Retirement Plans, which would continue to escalate the cost beyond anyone's means to be able to afford; this is not a statement against Police and Fire, as we are working Reeular Meetine City Commission Avril 28. 1997 96-97-13 Paee 9 now to provide appropriate pensions for everybody. The League of Cities and the City and County Managers are asking to at least do a fiscal impact statement. Manager McLemore asked that the Commission give him authority to write a letter to the City's delegation asking them to support the League of Cities recommendation to require that there be a fiscal impact statement made on this proposed legislation. Motion was made by Commissioner Blake that the Commission give the City Manager the authority to write a letter to the League of Cities letting them know that our position is their position in reference to the Police and Fire Pension Act that is currently in the State Legislature. Seconded by Commissioner Langellotti. Discussion. Vote: Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Conniff: aye; Commissioner Langellotti: aye; Commissioner Blake: aye. Motion passes. Manager McLemore mentioned items kept for the Winter Springs Historical Society in a storage unit. Discussion. Motion was made by Commissioner Gennell to move the contents to the Mayor's Office and Commissioners office temporarily while the City Manager explores other avenues for display and storage and to pay any outstanding bills that is necessary to the storage facility. Seconded by Commissioner Conniff. Discussion. Vote: Commissioner Langellotti: aye; Commissioner Gellnell: aye; Commissioner McLeod: nay; Commissioner Conniff: aye; Commissioner Blake: aye. Motion passes. K. Commission Seat IV - Cindy Gennell: Commissioner Gennell asked that the Mayor issue a Proclamation honoring Mr. John Baker as be passed away this month and he was the City's Honorary Historian. Mayor Partyka and the Commission agreed. Commissioner Gennell asked the City Manager if Mr. Wadley, the City's Vision Consultant, could also have designs for bike racks and benches. L. Commission Seat V - David McLeod: Commissioner McLeod mentioned that the design of the light posts will go before the B.O.W.S. Board and the P & Z will look at the overlay district. M. Commission Seat I - Larry Conniff: Commissioner Conniff complemented the Department Heads for the information in the Commission packets. Commissioner Conniff also complemented Acting Parks and Recreation Director Brook Seal for his work. N. Commission Seat II - Michael Blake: Commissioner Blake asked about the Fire Department's monthly report regarding the medical rescue . . response mcreasmg. Reeular Meetine City Commission April 28. 1997 96-97-13 Paee 10 Commissioner Blake asked why the Police Department did not have a monthly report. Commissioner Blake asked about the property east of Vista willa and dumping on the property and asked who is responsible for the clean-up. O. Commission Seat III - John Langellotti: No Report. P. Mayor's Office - Paul P. Partyka: Mayor Partyka mentioned a letter he received from the High School and a business agreement. It was the consensus of the Commission to have the City Manager sign the agreement. Mayor Partyka mentioned a Proclamation for the Holocaust. It was the consensus of the Commission to have the Mayor do a Proclamation for the Holocaust. Commissioner McLeod asked if speakers could be put in the restrooms behind the dias. The meeting adjourned at 10:25 p.m. ~~c~~~y ~~m~" J' \ -~HOpki~ City_ Clerk '"' '" - ,. . - .- /-