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HomeMy WebLinkAbout_1998 06 08 City Commission Regular Minutes REGULAR MEETING CITY COMMISSION MONDAY, JUNE 8, 1998 The Regular Meeting ofthe City Commission was called to order by Mayor Paul P. Partyka at 6:30 p.m. ROLL CALL: Mayor Paul P. Partyka, present Deputy Mayor Cindy Gennell, present City Manager Ronald W. McLemore, present Attorney Robert Guthrie, present COMMISSIONERS: Commissioner Robert S. Miller, present Commissioner Michael S. Blake, present Commissioner Edward Martinez, Jr., present Commissioner David McLeod, absent Mayor Partyka announced the agenda changes: the Commission will hear Consent Agenda Items A, C, and D. Mayor Partyka told everyone in attendance that it is always great to recognize good things happening in our City, and to that effect he recognized various Fire Department Personnel- Mayor Partyka read three letters of Recognition for Fire Department Personnel who were recommended for recognition by Fire Chief Tim Lallathin. The firefighters that were honored at tonight's meeting were introduced and their actions were applauded by all. Fire Chief Tim Lallathin and Battalion Chief Dave Myers spoke briefly on such accomplishments. Pictures were then taken of City Officials and those being honored. II. PUBLIC INPUT Jacqueline Lein, 1173 Winged Foot Circle East: read an "Open Letter to the Commissioners" that she wrote regarding objections on the recent "straw ballot" of the Tuscawilla Beautification District, especially pertaining to costs and expected taxes. III. CONSENT AGENDA Fire Department A. Requesting that the City Commission review the information relative to the Range Queen Stove-Top Fire Stopper. PURPOSE: to inform the City Commission of the information gathered by the Fire Department to respond to the inquiry by Commissioner Cindy Gennell. Public Works Department B. Requesting a Workshop for Traffic Calming Presentation. PURPOSE: to request a workshop on June 17, 1998 at 1 :00 P.M. for a presentation by Ian Lockwood of the City of West Palm Beach traffic calming program. Regular Meeting City Commission June 8, 1998 Page 2 Community Development Department/Land Development Division C. Requesting approval to extend an existing lease on property located at the entry to Central Winds Park (a.k.a. Wagner's Curve) and reaffirming the Vested Rights Special Use Permit expiration date. PURPOSE: to request Commission approval to extend an existing lease on property located at the entry to Central Winds Park (a.k.a. Wagner's Curve) to July 21, 1999 and reaffIrming that the Vested Rights Special Use Permit expiration date is July 21, 1999. Parks & Recreation Department D. Advising the Commission that it has been recommended by the City Manager that the summer recreation program at Sunshine Park be cancelled. PURPOSE: to notify the Commission of our desire to cancel the summer recreation program at Sunshine Park. City Attorney E. Requesting the Commission to adopt Resolution No. 847 aclmowledging City's position that Battle Ridge Plan Amendment Ordinances will not be implemented by the City until after compliance review by the Florida Department of Community Affairs (DCA). City Clerk F. Approval of the minutes of April13, 1998. Approval of the minutes of Apri127, 1998. Motion was made by Commissioner Martinez to approve the Consent Agenda minus Items A, C, D, and F. Seconded by Commissioner Gennell. Discussion. Vote: All aye. Motion passes. Mayor Partyka mentioned to Ms. Jacqueline Lein, (who spoke under Public Input), that her letter would be forwarded to City Manager, Ronald W. McLemore for any appropriate action, if required. Discussion on Consent Item A. Commissioner Cindy Gennell asked Fire Chief Tim Lallathin to elaborate on some of the various aspects of the Range Queen Stove-Top Fire Stopper product. ChiefLallathin said that he would try to acquire a product video and related brochures, along with at least one device for demonstration purposes. There was discussion regarding providing this product to those who could not afford it, as the City of Casselberry had received a $2,500.00 Grant for lower-income residents. Commissioner Gennell was very interested in making this product information available to our resident, perhaps via the City's newsletter. Motion was made by Commissioner Gennell to approve this Consent Agenda item. Seconded. Discussion. Vote: all aye. Motion passes. Regular Meeting City Commission June 8, 1998 Page 3 Discussion on Consent Item C. Charles C. Carrington, AICP, Community Development Director initially spoke about various factors regarding this Agenda Item, including applicable taxes and costs to the City. Mr. Carrington explained that the purpose of this item is to extend the lease (for one year) for this piece of property, which is located at the entrance of Central Winds Park. rfthe extension of the lease is granted, then it will allow us "To preclude making improvements that would be necessary to provide a similar entrance on adjacent property". Mayor Partyka stated that this was probably a cost savings measure, and Manager McLemore added that we were trying to keep this property from being purchased under a State program. Commissioner Edward Martinez, Jr. added that since the extension was only for a year, he did not feel that it would not be a problem. Motion was made by Commissioner Blake to approve Consent Agenda Item C. Seconded by Commissioner Gennell. Discussion. Vote: all aye. Motion passes. Discussion on Consent Item D. Commissioner Gennell proposed that should a similar Item (as Consent Item D) need to come before the Commission again, that it be done much earlier in the year. However, in regards to action on this particular season's program, Commissioner Gennell said that at this point it should be cancelled. Manager McLemore stated that the City did "make an extensive effort to get the word out on this", and Mayor Partyka and Commissioner Gennell acknowledged this. Commissioner Blake spoke on his concern that Staff did not bring any problems that might have arisen to the Commission's attention, in time to have adjustments to the program made. Commissioner Gennell made a Motion to approve Item D, and to request that the Staff brings this back to us, no later than March 1st, next year. There was discussion as to the appropriate date. Manager McLemore said that he could not agree to a specific date tonight, but that he would work with Mr. Brook Seall, Parks and Recreation Director regarding this matter. The motion was amended by Commissioner Gennell to just "Approve Item "D". Seconded by Commissioner Blake. Discussion. Vote: all aye. Motion passes. Discussion on Consent Item F. There was brief discussion about a section in the minutes. Motion to approve Consent Agenda Item F was made by Commissioner Blake. Seconded by Commissioner Miller. Discussion. V ote: all aye. Motion passes. IV. INFORMATIONAL AGENDA Police Department A. Updating the City Commission on Truck Traffic in the Tuscawilla Area. PURPOSE: to provide the City Commission with data concerning the traffic situation as it relates to truck traffic in the Tuscawilla area. THIS ITEM IS POSTPONED UNTIL THE JUNE 22, Regular Meeting City Commission June 8, 1998 Page 4 1998 MEETING. City Manager B. Requesting that the Commission review the information previously requested from Information Services regarding the expenditures for Information Services projects and infrastructure. PURPOSE: to furnish the Commission with information previously requested regarding Information Services projects and infrastructure expenditures. No formal presentation was given, but there was brief discussion. Motion was made by Commissioner Blake to approve Informational Agenda Item B. Seconded by Commissioner Miller. Discussion. Vote: all aye. Motion passes. V. PUBLIC HEARINGS Utility Department A. Requesting approval of the Second Reading of Ordinance #702, updating the Potable Water Irrigation Rates. PURPOSE:. to authorize the Second Reading of Ordinance #702 which modifies the potable water irrigation rates for large users as well as policies and procedures relating to billing, payment, and delinquency procedures, deposit and application fees, and stormwater deposit requirements. Attorney Robert Guthrie read Ordinance 702. Mr. Kip Lockcuff, P.E., Director of the Utility/Public Works Department explained to the Commission that they had been given a "clean" copy of this Ordinance. As this was a Public Hearing, Mayor Partyka opened the public input portion. There was no public input, so Mayor Partyka closed the public input portion. Commissioner Gennell asked about office hours as referenced in the Ordinance. Mr. Lockcuff explained that he did not include the complete portion of this part of the Ordinance that was being questioned. Commissioner Gennell questioned the Commission approving an Ordinance, and Attorney Guthrie agreed that a "Better practice would have been to put that whole subsection A in there". There was further discussion about providing additional copies of (in this case, a very lengthy document), along with changes that have already been made. The Commission asked that in the future, whatever subsection is changed in a particular document, that the complete (revised) subsection be included in the copies that are distributed to the Commission. Commissioner Blake made a Motion was made by to approve and adopt Ordinance 702. Seconded by Commissioner Martinez. Discussion. Vote: all aye. Motion passes. Community Development DepartmentJPlanning Division B. Requesting the City Commission approve the First Reading of Ordinance 703, to annex a 1.279 acre parcel. PURPOSE: to request the Commission approve the First Reading of Ordinance 703 to annex a 1.279 acre parcel, located on the south side of Orange Avenue west of Tuskawilla Road at the northwest comer of the Tuscawilla Trace Subdivision. Regular Meeting City Commission June 8, 1998 Page 5 Motion was made by Commissioner Blake to read by title only. Seconded by Commissioner Gennell. Discussion. Vote: all aye. Motion passes. Attorney Robert Guthrie read this Ordinance by title only. There was a brief introduction to this item by Mr. Carrington. As this was a Public Hearing, Mayor Partyka opened the public input portion. There was no public input, and Mayor Partyka closed the public input portion. Commissioner Michael S. Blake asked for clearer visual information of the property in question, to be provided in the future, along with a larger copy of the respective plat. There was brief discussion Motion was made by Commissioner Martinez to approve Public Hearing Item B. Seconded by Commissioner Gennell. Discussion. Vote: all aye. Motion passes. VI. REGULAR AGENDA Finance Department A. Requesting the City Commission adopt the Fiscal Year 1998/1999 Budget Calendar. PURPOSE: to present to the City Commission the Fiscal Year 1998/1999 proposed Budget Calendar for adoption and to establish Commission Workshop dates. Mr. Harry Martin, Finance Director briefly addressed the Commission about setting up the dates for the upcoming Budget Workshops, in accordance with the TRIM Act. As the Budget presentation is scheduled for Monday, July 6, 1998, beginning at 6:30 p.m., there was discussion as to which additional dates should be designated for budget workshops. The Commission decided on the following dates and times: Wednesday, July 8, 1998 - 3:00 p.m. Thursday, July 9, 1998 - 3:00 p.m. Friday, July 10, 1998 - 3:00 p.m. Tuesday, July 14, 1998 - 3:00 p.m. A Motion was made by Commissioner Martinez to approve the Budget Calendar as stated, with the workshop dates. Seconded. Discussion. Vote: all aye. Motion passes. Parks & Recreation Department B. Requesting the Commission review information relative to the design for Torcaso Park and provide staff with any direction it deems appropriate. PURPOSE: to present the Commission with a report on safety at Torcaso Park and to receive any direction the Commission deems appropriate. Manager McLemore first addressed the Commission regarding three main primary issues that Mr. Bill Stanner with Stanner and Rinaldi, Inc. would further elaborate on in his presentation. Mr. Stanner, an Architect with Stanner & Rinaldi, Inc. explained to the Commission about the primary Regular Meeting City Commission June 8, 1998 Page 6 issues of concern that Manager McLemore referred to: 1) the planning process; 2) safety; and 3) property across the street from the park. Mr. Starmer spoke of water features and safety, and he said that after careful review, they felt that Torcaso Park had been designed properly, and that they would not propose any changes. Mr. Starmer identified the nearby properties that might be developed as future sport facilities, and their proximity to streets in the area. Different types of water features were discussed, with "barriers" being suggested as a type of safety precaution - however, of course the best safety precaution noted is that children be properly supervised. Attorney Robert Guthrie then briefly addressed the issue of the drowning at Torcaso Park, and. broached the law enforcement and legal issues. Commissioner Robert S. Miller spoke about a "drainage pipe" area that seems to be attracting children and excessive trash. Mr. Starmer addressed the final plans and showed how such problems would be address and solved. Commissioner Miller presented an alternative plan of this area that he had designed, and showed it to Mr. Starmer and the Commission. His proposed plan suggested what this park might look like in the year 2001. His plan showed football and soccer fields, tennis courts, and a baseball diamond added to part of parcel "B". There was further discussion about adding more team sport facilities such as baseball diamonds, and especially soccer fields. There was additional discussion as to the popularity of the game of soccer. Commissioner Martinez spoke about how he knew that other jurisdictions had Park personnel assigned (and trained in first aid) to various park facilities. He also addressed the issue of subsequent liability after an initial accident. Attorney Guthrie also spoke about the liability issue and "legislative discretion" regarding staffing a park of this size. Commissioner Blake asked about the current use of parcel "D" as a storage lot, and the possible future plans for this particular parcel. Manager McLemore spoke about the Capital Improvements Plan, and there was also discussion regarding relocating the Public Works Department. Commissioner Blake and Manager McLemore spoke about "super" parks and neighborhood parks. Commissioner Gennell emphasized her on-going concern with parcel "D" being an "eyesore", and she would like to have it taken care of, as soon as possible. There was further discussion linking Torcaso Park and Sunshine Park together, and about adding a picnic pavilion and a B-B-Q grill to accommodate the neighborhood residents. There was further discussion about additional features being added; where kiosks will be located in the park, and what purpose they will serve. Commissioner Gennell asked if the "planned park development" could be completed prior to when the summer recreation program is planned to commence. Manager McLemore agreed that this was a possibility. Regular Meeting City Commission June 8, 1998 Page 7 Motion was made by Commissioner Miller to update the plan for Torcaso Park, to include what could be done in the area of the Police Station property (Parcel B), and also Parcel D, given that Public Works will be moving out of there, assuming in two years-what would you recommend putting in there? I would like to something before August, as to what he would include in the final plan. Seconded by Commissioner Gennell. Discussion. Manager McLemore spoke on his concern with the "future vitality" of that neighborhood, and he spoke further on this subject, regarding re-thinking of the land planning, and the patterns of land use and traffic, with respect to the neighboring quadraplexes. Manager McLemore stated that staff was heading in that direction, with an analysis planned for this neighborhood; and that he would like to receive input from the Commission, before alternative plans for parcel "D" are made. Vote: Commissioner Blake: nay; Commissioner Miller: aye; Commissioner Gennell: nay; Commissioner Martinez: aye. Motion does not pass. Commissioner Blake asked for a clarification of the motion as to whether the Consultant is to generate a plan involving the parcels identified as B, D, and G for additional service areas, and bring those conceptual plans back to the Commission, on a schedule already made; or was the Consultant to come back to the Commission with their recommendations as to whether or not those areas are to be utilized as additional service areas. Commissioner's Martinez and Gennell both addressed a point of order objection dealing with the involvement of the overall area, including the quadraplexes. The vote was called. Vote: Commissioner Gennell: nay; Commissioner Miller: nay; Commissioner Blake: aye; Commissioner Martinez: nay. Motion does not pass. Mayor Partyka asked what the Commission now wanted to do. Commissioner Miller spoke of the ongoing problems with the area where the quadrapIexes are located, and reintroduced his previous motion, (the same motion that was not passed, four and one half minutes ago). Seconded by Commissioner Gennell. Discussion. Commissioner Martinez concurred with the Manager's complete vision for this area including the Park. V ote: all aye. Motion passes. City Manager - ADD-ON C. Requesting authority to provide the Schrimsher Realty Company with a non- binding letter of intent relative to Schrimsher's participation in the realignment of the Cross County Trail. PURPOSE: for the Commission to adopt a tentative policy relative to Schrimsher Realty Company's participation in the realignment of the trail. Manager McLemore briefed the Commission on some of the details of this item, in terms of some of the ongoing discussions, and that Mr. Schrimsher also desired some comments from the Commission on this subject. Manager McLemore reiterated that this non-binding letter was required for both parties, in order to meet State imposed submission requirements, in accordance with the realignment issue. Regular Meeting City Commission June 8, 1998 Page 8 There was a Motion to approve this non-binding letter of intent by Commissioner Miller. Seconded by Commissioner Blake. Discussion. Vote: all aye. Motion passes. VII. REPORTS A. City Attorney - Frank Kruppenbacher No Report. B. City Manager - Ronald W. McLemore Manager McLemore asked the Commission to please attend the Traffic Calming Workshop on June 17, 1998 at 1 :00 p.m. Mayor Partyka asked ifthere would be additional documentation/materials provided to the Commission, and Manager McLemore said that he would check into this. C. Commission Seat I - Robert S. Miller Appointment Appointment/Reappointment to the Beautification of Winter Springs Board - the term of Board Member John Herbert expires July 1, 1998. Mr. John Herbert was renominated to this seat. Motion by Commissioner Blake. Seconded by Commissioner Martinez. Discussion. V ote: all aye. Motion passes. Appointment to the Commerce & Industry Development Board to replace Board Member Bill Hatfield, who resigned No action. Commissioner Miller spoke about blocking the cut-through between Alton Road and Winding Hollow. Commissioner Miller asked about having a City map in the Commission Chambers. D. Commission Seat II - Michael S. Blake Commissioner Blake asked Manager McLemore about a similar cut-through situation happening at Trotwood and Winding Hollow. Manager McLemore explained that they had recently talked with the developer about a "pocket park" and emergency vehicle access. Commissioner Blake asked if the City had taken part in the brush fires over the weekend, and that he would like an update on our participation, if this was the case. Commissioner Blake then asked about the Code for the Town Center, and what was the status? Manager McLemore said that they should have an answer in about sixty to ninety days, and that we were currently somewhere within that time frame. Commissioner Blake then asked about payment to the consultants. Manager McLemore confirmed that they have not yet been paid for the Code Regular Meeting City Commission June 8, 1998 Page 9 section. Appointment/Reappointment to the Board of Adjustments - the term of Board Member Thomas Wixted expires July 1, 1998 No action. Appointment/Reappointment to the Code Enforcement Board - the term of Board Member Bob Gray expires July 1, 1998 No action. Appointment/Reappointment to the Planning & Zoning Board/Local Planning Agency - the term of Board Member Gene Lein expires July 1, 1998 No action. E. Commission Seat III - Edward Martinez, Jr. Commissioner Martinez said that he had only received one copy/issue of the City's newsletter. He also felt that this was an excellent vehicle to notify residents of information pertaining to the City of Winter Springs. In addition, a resident had asked him why the City doesn't provide Fluoride in our water supply. Commissioner Martinez said that a resident at 1602 Eagle Nest Circle, Mr. Michael Bucatti - said that there is drag racing on that street, and vehicles "flying" by at 60 m.p.h., and would the Police Department check into this. Commissioner Martinez commented that a resident was complaining that Sam Smith Park had only adult exercise equipment and nothing for children, and he suggested that we provide something for all residents to enjoy. Commissioner Martinez requested a Commissioner's Districting Map. Commissioner Martinez asked about a cut through from Northern Way to the Oviedo Marketplace. He also said that he was not pleased when a Police Officer spoke of not making an arrest - unless they witnessed the crime. Attorney Guthrie said that he would talk to the Chief about this matter. Appointment/Reappointment to the Beautification of Winter Springs Board - the term of Board Member Ethel Beecher expires July 1, 1998. Ms. Beecher was renominated to this seat. Motion by Commissioner Blake. Seconded by Commissioner Miller. Discussion. Vote: all aye. Motion passes. Regular Meeting City Commission June 8, 1998 Page 10 F. Commission Seat IV - Cindy Gennell Commissioner Gennell asked when the Audio-Visual Equipment would be installed. Manager McLemore explained that they were waiting for a second screen to be delivered. Commissioner Gennell asked if the proceeds from the bicycle auction could be used to purchase bicycle helmets that the Police Department could then distribute. Commissioner Gennell then made a Motion to put it on the Agenda - That the proceeds from the auction of the bicycles, go for the purpose of bicycle helmets, and that the police can give them out at their discretion. Seconded. Discussion. Vote: Commissioner Miller: aye; Commissioner Blake: Nay; Commissioner Gennell: aye; Commissioner Martinez: aye. Motion passes. Commissioner Gennell made a Motion - That the proceeds from the auction of the bicycles, go for the purpose of bicycle helmets, and the Police can give them out at their discretion. Seconded. Discussion. There was further discussion about general fund expenditures, involving this item. Vote: Commissioner Martinez: aye; Commissioner Gennell: aye; Commissioner Blake: aye; Commissioner Miller: aye. Motion passes. Commissioner Gennell wanted to encourage the City Manager - or anyone else, to pass on the date regarding our City's MPO proposal dealing with 17-92 to approximately Hayes Road. Manager McLemore stated that he would get the Commission the date of that meeting. Commissioner Gennell brought up the subject of bike lanes, and gave a brief history of this situation. Commissioner Gennell then asked if it was the City's desire to have any changes made to ,Tuscawilla Road, and if this was a consideration, then something in writing must be immediately forwarded to the County. There was further discussion on some of the technical aspects of such an endeavor. Manager McLemore said that a letter would be faxed or hand delivered tomorrow, regarding adding bike lanes on or off this street. There was further discussion ofthis subject. Commissioner Gennell asked if we were trying to coordinate a two or three party joint agreement with the County and the City of Oviedo. Mayor Partyka explained that the involved parties were trying to make progress. Manager McLemore stated that the City has some real issues with the City of Oviedo, and that he would check on this tomorrow. Commissioner Gennell mentioned that the City of Ocoee had recently offered their residents complimentary tie-down inspections with mobile home residents, after the last tornado. Commissioner Gennell asked the Manager to check into this, and to provide additional information regarding safety and what we could offer our residents, especially considering the ages of many residents and mobile homes. Commissioner Gennell spoke about possible differences in the Commissions' Robert's Rules of Order books. Mayor Partyka and Commissioner Gennell further discussed this issue. 1 Regular Meeting City Commission June 8, 1998 Page 11 Appointment/Reappointment to the Board of Adjustments - the term of Board Member Frank Adams expires July 1, 1998. Mr. Adams was renominated to this seat. Motion by Commissioner Martinez. Seconded. Discussion. Vote: all aye. Motion passes. Appointment/Reappointment to the Commerce & Industry Development Board - the term of Board Member Sally McGinnis expires August 1, 1998. Ms. McGinnis was renominated to this seat. Motion by Commissioner Blake. Seconded by Commissioner Martinez. Discussion. Vote: all aye. Motion passes. Appointment/Reappointment to the Planning & Zoning BoardILocal Planning Agency - the term of Board Member Carl Stephens, Jr. expires July 1, 1998. Mr. Stephens was renominated to this seat. Motion by Commissioner Blake. Seconded by Commissioner Martinez. Discussion. Vote:' all aye. Motion passes. Commissioner GenneU nominated Chuck Holzman for a position on the Code Enforcement Board. There was further discussion about this appointment and others, and Attorney Guthrie said that he would check into the correct status of all appointments, and would bring this information back to the Commission. No further action with this proposed appointment was made. G. Commission Seat V - David McLeod Appointment/Reappointment to the Beautification of Winter Springs Board - the term of Board Member Dawna Ferguson expires July 1, 1998 No report. H. Mayor's Office - Paul P. Partyka Appointment to the Board of Trustees (pension Board) to replace Board Member Larry Naclrowski, who resigned. Bill Dickey was nominated to this seat.. Motion by Commissioner Blake. Seconded by Commissioner Martinez. Discussion. Vote: all aye. Motion passes. Appointment/Reappointment to the Code Enforcement Board - the term of Board Member Lurene Lyzen expires July 1, 1998 No action. Appointment to the Code Enforcement Board - to replace Board Member Jim DeGore, who resigned No action. In other business, Commissioner Gennell asked Attorney Guthrie about the advertisement of Executive Sessions, and there was brief discussion. Regular Meeting City Commission June 8, 1998 Page 12 The meeting adjourned at 9: 17 p.m. Respectfully Submitted, ~ Andrea Lorenzo- J::; ac s Deputy City Clerk