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HomeMy WebLinkAbout_1997 07 14 City Commission Regular Minutes REGULAR MEETING CITY COMMISSION JULY 14, 1997 The Regular Meeting of the City Commission was called to order by Mayor Paul P. Partyka at 6:30p.m. ROLL CALL: Mayor Paul P. Partyka, present Deputy Mayor David McLeod, present City Manager Ronald W. McLemore, present City Attorney Frank Kruppenbacher, present(6:55 p.m.) COMMISSIONERS: Larry Conniff, absent Michael Blake, present John Langellotti, present Cindy Gennell, present Mayor Partyka said that Regular Agenda Item "H" will be moved to the first item of the Regular Agenda. Approval of Minutes of June 23. 1997: Motion was made by Commissioner Langellotti to approve the Minutes of June 23, 1997. Seconded by Commissioner Gennell. Discussion. Vote: Commissioner Blake: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. Mayor Partyka stated that everyone on the Staff from the City Manager down to the Police Department, especially the Police in handling the traffic, did an outstanding job on the July 4th Fireworks Display. Mayor Partyka read a letter from Ms. Marjorie Gregg which thanked the Mayor, Commission, City Manager, Parks and Recreation Director and the Police and Fire Departments, for providing the most memorable and enjoyable 4th of July Fireworks Celebration. II. PUBLIC INPUT Dan Dyche, 846 Bentley Green Circle, member of the Tuscawilla Country Club Task Force, and stated that they have sent a letter to GATX and read a portion of the letter. Mr. Rolf Utegaard, 797 Austin Court, read the remaining portion of the letter that was sent to GATX. Mr. Utegaard also asked if the Code violations were resolved and if the water will was paid? Rudi Stockhammer, 856 Bentley Green Circle, spoke about a home being built on the left tee area of the 4th hole and asked if the City would be liable if any property was damaged or if a person got injured from a golf ball going in that direction. Wayne Nelson, 1104 Winged Foot Circle, thanked the Commission for their perseverance and commitment in the course of action against Mr. Mikes. Mr. Nelson applauded the Mayor on his understanding of the tower issue which led to the Mayor's veto on the ordinance. Mr. Nelson spoke about the law firm the City has chosen in the Mikes case and suggested the City looking into the law firm of King & Blackwell to represent the City on the Mikes case. Reeular Meetine City Commission Julv 14. 1997 96-97-18 Paee 2 Ed Martinez, 802 Leopard Trail, President of the Tuscawilla Homeowners Association, spoke regarding communication between the Commission and the Homeowners Association regarding issues involving the Tuscawilla PUD. Mr. Martinez also spoke about a letter he gave to the City Manager concerning commercial traffic in Tuscawilla, requesting the community be posted to keep commercial traffic out of Tuscawilla. Discussion regarding notification of meetings. The Clerk stated that groups give self addressed stamped envelopes to have agenda mailed to them. John Curtin, 848 Bentley Green Circle, asked what measures would be put into place to ensure the Country Club does not deteriorate again. Manager McLemore stated that the water bill for the Tuscawilla Country Club have been paid and the Code violations have been satisfied except for the electric to the tennis courts. ill. CONSENT AGENDA Parks and Recreation Department A. Requests the Commission authorize the Recreation Department to utilize $48,000.00 budgeted in the 1997 fiscal year funds allocated for playground equipment for the construction of lighted basketball courts at Torcaso Park. PURPOSE: to acquire Commission approval to allocate those funds previously budgeted for playground equipment for the construction of lighted basketball courts at Torcaso Park. Public Works Department B. Requesting authorization to enter into a contractual agreement for City Hall parking lot resurfacing. PURPOSE: to request authorization to enter into a contractual agreement with Martin Paving Company for the City Hall parking lot street resurfacing at a cost of$19, 155.15 plus a 10% contingency. Commissioner Gennell stated that she has a question on both items. Commissioner Gennell asked where will the basketball courts bel located. Brooke Seall, Parks and Recreation Director, explained where the courts will be located. Commissioner Gennell asked if the resurfacing of the City Hall parking lot should be done after the Police Department moves to their new facility. Manager McLemore state that the didn't see a problem with resurfacing the parking lot before the Police Department moves. Motion was made by Commissioner Blake to approve the Consent Agenda. Seconded by Commissioner Langellotti. Discussion. Vote: Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Blake: aye. Motion passes. IV. INFORMA TIONAL AGENDA Reeular Meetine Citv Commission Julv 14. 1997 96-97-18 Paee 3 V. REGULAR AGENDA City Manager H. Discussion of Gee Creek Drainage Impacts on Hacienda Village. PURPOSE: to have a brief discussion of on-going drainage problems in Hacienda Village resulting from Gee Creek: Margaret Manfredi, 356 Casa Grande Drive, spoke regarding the drainage problems with Gee Creek and asked if the City would consider turning back some money from the Stormwater Utility fees that they pay to help pay for work on the Creek. Dan Martin, 36 La Vista Drive East, spoke regarding the drainage problems with Gee Creek. Elizabeth Thomas, Orlando Service Director for St. John's River Water Management District, stated there has been studies done on the Gee Creek Basin and we know that we can help with looking at what can be done upstream. We can bring all the different entities together and talk about retrofitting. Ms. Thomas stated that Chris Murphy, Stormwater Utility Manager, is looking into a state program; Ms. Thomas stated that they are looking into federal level monies; they also have some Stormwater programs and cost sharing grant programs that can help with funds. Manager McLemore stated that he would have his technical staff look into the problem and take any emergency measures necessary to ensure the safety of the residents until a solution is found. Mayor Partyka called a recess at 7:35 p.m. Mayor Partyka reconvened the meeting at 7:40 p.m. City Manager - ADD ON J. Request Commission accept the recommendations of the City Financial Advisor and award the financing of General Government Capital Improvements in the amount of$575,000 to Fr.tUin National Bank and the financing of Water & Sewer Capital Improvements in the amount of $3,025,000 to Regions Bank. PURPOSE: for the Commission to accept and approve the recommendations of the City Financial Advisor: Manager McLemore stated that these are items that were approved in last years budget as well as in the budget discussions this current year. Jim Lentz, the City's Financial Advisor and Mike Williams, the City's Bon Attorney of Carlton Fields, spoke regarding this item. Attorney Williams explained Resolution 821, 822, 823 and 824. Motion was made by Commissioner Blake to approve Resolution 821 and to read by title only. Seconded by Commissioner Langellotti. Discussion. Vote: Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Blake: aye; Commissioner Langellotti: aye. Motion passes. . Attorney Williams read Resolution 821 by title only. Motion was made by Commissioner Langellotti to approve Resolution 822 and to read by title only. Seconded by Commissioner Blake. Discussioll. Vote: Commissioner McLeod: aye; Commissioner Blake: aye; Commissioner LangeHlotti: aye; Commissioner Gennell: aye. Reeular Meetinl! City Commission Julv 14. 1997 96-97-18 Paee 4 Motion passes. Attorney Williams read Resolution 822 by title only. Motion was made by Commissioner Langellotti to approve Resolution 823 and to read by title only. Seconded by Commissioner Gennell. Discussion. Vote: Commissioner Blake: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. Attorney Williams read Resolution 823 by title only. Motion was made by Commissioner Blake to approve Resolution 824 and to read by title only. Seconded by Commissioner Gennell. Discussion. Vote: Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Blake: aye. Motion passes. Attorney Williams read Resolution 824 by title only. Fire Department A. Requesting the Commission hold a Public Hearing and approve the Second Reading for adoption of Ordinance No. 663, concerning the continuation of patient transport services that is scheduled to cease on September 30, 1997, as directed and approved by the City Commission in Ordinance No. 613. PURPOSE: to request the Commission hold a Public Hearing and approve the Second Reading for adoption of Ordinance No. 663 extending the operation of the City's patient transport service indefinitely. providing for conflicts. severability and effective date: Attorney Kruppenbacher read Ord. 633 by title only on Second Reading. Mayor Partyka closed the regular meeting and opened the Public Hearing and asked if anyone wished to speak on this ordinance. No one wished to speak. Mayor Partyka closed the Public Hearing and reconvened the Regular Meeting. Motion was made by Commissioner Blake to approve and adopt Ordinance 663 concerning the continuation of patient transport services that is scheduled to ceased on September 30, 1997 as directed and approved by the Commission Ordinance 613. Seconded by Commissioner Langellotti. Discussion. Vote: Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Commnssioner Blake: aye. Motion passes. Community Development Department B. Requests the Commission hold a Public Hearing and approve the Third Reading and adoption of Ordinance No. 645 regulating the siting and construction of Telecommunication Towers within the City. PURPOSE: to request the Commission hold a Public Hearing and approve the Third Reading and adoption of ordinance No. 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 Ordinance No. 645 by title only on Third Reading. Mayor Partyka read into the record a letter from Ms. Elizabeth Gregg of Bahama Road. Mayor Partyka closed the Regular Meeting and opened the Public Hearing. Mayor Partyka asked Reeular Meetine City Commission Julv 14. 1997 96-97-18 Paee 5 if anyone wished to speak on this ordinance. No one wished to speak. Mayor Partyka closed the Public Hearing and reconvened the Regular Meeting. Mayor Partyka discussed issues he had regarding this ordinance. Discussion. Motion was made by Commissioner Gennell to approve Ordinance 645. Seconded by Commissioner Langellotti. Discussion. Vote: Commissioner Blake: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. Mayor Partyka stated for the record he will VETO this Ordinance and will have his written statement for this at the next Commission meeting. Attorney Kruppenbacher explained the procedure for VETOING an ordinance; the Mayor is required to return to the Commission, at its next regular meeting, the document he is VETOING with a written message at that time. The Commission as the discression and authority to take a vote as to wether or not to over ride the veto (and that would require a 4/5 vote to pass the ordinance) At that time the action would be final. If the Commission doesn't over ride the Ordinance it dies; if the Commission overrides the Ordinance it passes and that action is final. Community Development Department C. Requests the Commission hold a Public Hearing to consider approving the Second Reading and adoption of Ordinance No. 662, to create a new zoning district "C-3Flex-Space Commercial". PURPOSE: to request the Commission hold a Public Hearing to consider approving the Second Reading for adoption of Ordinance No. 662 to create a new zoning district "C-3 Flex-Space Commercial" in Chapter 20 of the City's Code of Ordinances: Attorney Kruppenbacher read Ord. 662 by title only on Second Reading. Mayor Partyka closed the Regular Meeting and opened the Public Hearing. Mayor Partyka asked ifany one wished to speak on this Ordinance. No one wished to speak. Mayor Partyka closed the Public Hearing and reconvened the Regular Meeting. Tom Grimms, Community Development Coordinator, gave his presentation. Discussion on this item. Motion was made by Commissioner Blake to not adopt Ordinance 662, creating the new zoning of C-3 flex base commercial. Seconded by Commissioner McLeod. Discussion. Vote: Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Blake: aye. Motion passes. Public Works Department D. Requesting consideration of modifications to the draft Traffic Circulation Element update of the Comprehensive Plan. PURPOSE: to request the Commission consider modifications to the Traffic Circulation Plan update relating to Shore Road based on input received at the May 19, 1997 workshop and subsequent Commission meetings: Terry Zaudtke, the City's Consulting Engineer, Conklin, Porter & Holmes, gave the Commission a map of the area involving Shore Road. Discussion. Reeular Meetine City Commission Julv 14. 1997 96-97-18 Paee 6 William Fernandez, 250 Panama Road E., President of the Ranchlands homeowners Association, spoke regarding a survey the Association sent out and stated there was a 30% response and the response was 90% NO, 10% YES. Mr. Fernandez spoke regarding paving of Fisher Road and Panama Road. Carl Stephens, 700 Fisher Road, Vice President of the Ranchlands Homeowners Association, read the survey that was sent out to the residents of Shore Road, Fisher Road (to the City limits) and a small portion of Panama Road. Discussion. Motion was made by Commissioner McLeod to not lI1ave Shore Road extension opened under the circumstances that he sees, that is in front of the Commission. Seconded by Commissioner Blake. Discussion. Vote: Commissioner Gennell: nay; Commissioner Langellotti: aye; Commissioner Blake: aye; Commissioner McLeod: aye. Motion passes. Community Development Department E. Requests the Commission approve the First Reading for adoption of Ordinance No. 670 creating a "New Development Area" Overlay Zoning District, and to direct staff to develop a comprehensive plan amendment and zoning change that would be in accordance with the New Development Area Design Guidelines for the State Rod 434 Corridor Vision Plan. PURPOSE: to request the Commission approve the First Reading for adoption of Ordinance No. 670 creating a "New Development Area" Overlay Zoning District that would include the properties adjacent to the State Road 434 right-of-way from Hayes Road eastward to State Road 417 (a.k.a. the GreeneWay)with the exception of the Town Center area of S.R. 434. Also, request is made for the Commission to direct staff to (1) prepare a comprehensive plan amendment, and (2) prepare a zoning change that would be in accordance with the "New Development Area" Design Guidelines for the S.R. 434 Corridor Vision Plan: Motion was made by Commissioner Blake to read Ord. 670 by title only on First Reading. Seconded by Commissioner Langellotti. Discussion. Vote: Commissioner Langellotti: aye; Commissioner Blake: aye; Commissioner McLeod: aye. Commissioner Gennell: aye. Motion passes. Attorney Kruppenbacher read Ord. 670 by title only. Missy Cassells, property owner spoke regarding the lack of communication between the property owners and the City. Mike Schrimsher, Schrimsher Properties, spoke regarding the Ordinance. General Services Department F. Requests that the Commission consider Omnicom Inc.' s recommended design of the audio/video system presented in their report dated June 9, 1997, and decide if they want to adopt the recommended design or consider alternatives. PURPOSE: to allow the Commission to adopt Omnicom Inc.' s recommendation on the audio/video system, or allow the consultant to present alternative designs, and to determine if the consultant should refine alternative design scenarios and develop a cost proposal for them: Clint Higgins, Omnicom representative, gave his presentation and recommendations. Reeular Meetine Citv Commission Julv 14. 1997 96-97-18 Paee 7 Discussion on the options available. Motion was made by Commissioner Gennell to approve Option #1 of the report. Motion dies for lack of a second. Motion was made by Commissioner Blake to approve Option #2 of the report, two 35" monitors facing the audience and two 20" monitors facing the Commission. Seconded by Commissioner Langellotti. Discussion. Vote: Commissioner Blake: aye; Commissioner Langellotti: aye; Commissioner Gennell: nay; Commissioner McLeod: aye. Motion passes. Fire Department G. Requesting the Commission review the proposed patient transport services fee schedule. PURPOSE: to request the Commission review the proposed fee schedule recommended by the Fire Department and approve a fee schedule that the Commission determines appropriate for this service: Fire ChiefLallathin gave his presentation. Discussion. Motion was made by Commissioner Langellotti to approve the fee schedule recommended by the Fire Department. Seconded by Commissioner McLeod. Discllssion. Commissioner Blake asked about an off set to the resident if another agency had to do the transport. Commissioner Gennell amended the motion to state that if a resident of the City needs emergency transportation and our vehicles are in use and another agency has to transport the resident and the rate is higher, then the City will reimburse the difference. Seconded by Commissioner Blake. Vote on the amended motion: Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Blake: aye; Commissioner Langellotti: aye. Motion passes. Mayor's Office I. Appointment for a member of the Code Enforcement Board (appointed at large): Motion was made by Commissioner Langellotti to approve the appointment of Marc Clinch to the Code Enforcement Board. Seconded by Commissioner Blake. Discussion. Vote: Commissioner McLeod: aye; Commissioner Blake: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye. Motion passes. VI. REPORTS A. City Attorney - Frank Kruppenbacher Attorney Kruppenbacher mentioned a lawsuit regarding the City's adult entertainment ordinance filed against the City by Cameron Entertainment. Attorney Kruppenbacher said he will file a reply to protect the City. Attorney Kruppenbacher asked if the Commission would agree to let him sit with the County Attorney regarding an interlocal agreement to govern adult entertainment. The consensus of the Commission was to let the Attorney get with the County Attorney. B. City Manager - Ronald W. McLemore Manager McLemore showed a picture of the sign for City Hall to the Commission. Manager McLemore asked the Commission for direction in regards to the situation with Winn Dixie, the City of Casselberry and the City of Winter Springs. Discussion. It was the consensus of the Reeular Medine Citv Commission Julv 14. 1997 96-97-18 Paee 8 Commission to have a workshop with the City of Casselberry's Council. C. Commission Seat III - John Langellotti 1. Appointment/Reappointment to Planning and Zoning Board 2. Appointment/Reappointment to Commerce & Industry Development Board Commissioner Langellotti said he would like to reappoint Art Hoffmann to the P&Z Board. Motion was made by Commissioner Blake to reappoint Art Hoffmann to the P&Z Board. Motion dies for lack of a second. Commissioner Langellotti stated he would like to reappoint Walt Dittmer to the Commerce Board. Motion was made by Commissioner Blake to reappoint Walt Dittmer to the Commerce Board. Seconded by Commissioner Gennell. Discussion. Vote: Commissioner Commissioner Langellotti asked for a consensus of the Commission to allow him to work with Staff to get ;more participation in the R.U.O.K. program. The consensus of the Commission was to allow Commissioner Langellotti to work with Staff to get mor participation in the program. D. Commission Seat IV - Cindy Gennell: Commissioner Gennell stated that she didn't like the Add-On agenda items. Commissioner Gennell asked that the Commission be notified when an item is withdrawn from the agenda. Commissioner Gennell spoke about getting public input on First Readings of Ordinances. E. Commission Seat V - David McLeod 1. Appointment/Reappointment to Board of Adjustment 2. Appointment/Reappointment to Planning and Zoning Board: Commissioner McLeod stated that he would like to reappoint Greg Smith to the Board of Adjustment. Motion was made by Commissioner Gennell to reappoint Greg Smith to the Board of Adjustment. Seconded by Commissioner Blake. Discussion. Vote: Commissioner Langellotti: aye; Commissioner Blake: aye; Commissioner McLeod: aye; Commissioner Gennell: aye. Motion passes. Commissioner McLeod stated he would like to reappoint William Fernandez to the P&Z Board. Motion was made by Commissioner Blake to reappoint William Fernandez to the P&Z Board. Seconded by Commissioner Gennell. Discussion. Vote: Commissioner Blake: aye; Commissioner McLeod: aye; Commissioner Gennell: aye; Commissioner Langellotti: nay. Reeular Meetine City Commission Julv 14. 1997 96-97-18 Paee 9 Motion passes. F. Commission Seat I - Larry Conniff 1. Appointment/Reappointment to Planning and Zoning Board: Mayor Partyka stated that he has a note from Commissioner Conniff that he would like to reappoint Tom Brown to the P&Z Board. Motion was made by Commissioner Gennell to reappoint Tom Brown to the P&Z Board. Seconded by Commissioner McLeod. Discussion. Vote: Commissioner Gennell: aye; Commissioner Langellotti: nay; Commissioner Blake: aye; Commissioner McLeod: aye. Motion passes. G. Commission Seat II - Michael Blake: Commissioner Blake asked about the Code Enforcement for Oak Forest that was mentioned during the Oak Forest Wall Community Meeting. Manager McLemore stated that he has spoken with the Code Enforcement Officer and there has been no record of complaints that were mentioned be he will continue to look into this issue. H. Mayor's Office - Paul P. Partyka: Mayor Partyka stated that he will be out of the Country next week starting Monday. Mayor Partyka mentioned a City he has been talking with regarding the Sister City Program. Mayor Partyka stated that the meeting this evening ran too long and stated something needs to be done, as the meetings start at 6:30 p.m. and shouldn't run past 10:00 pm. The meeting adjourned at 11 :28 p.m. Respectfully Submitted, ~A~~A.~ M;r;-- r!iIopkins, City Clerk