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