Loading...
HomeMy WebLinkAbout1996 11 25 Other Date: 11/25/1996 The following Minutes for Regular Meeting 11111996 were approved during the 11/25/96 Regular City Commission Meeting for this date. REGULAR MEETING CITY COMMISSION NOVEMBER 11, 1996 The Regular Meeting of the City Commission was called to order by Mayor John F. Bush at 7:30p.m. For the Invocation, Mayor Bush asked for a moment of silent prayer. ROLL CALL: Mayor John F. Bush, present Deputy Mayor John Ferring, present City Manager Ronald W. McLemore, present City Attorney Frank Kruppenbacher, present COMMlSSIONERS: Larry Conniff, present John Langellotti, present Cindy Gennell, present David McLeod, present Approval of Minutes of October 28. 1996: Mayor Bush asked if there were any additions or corrections to the minutes of October 28, 1996. There were no additions or corrections to the minutes of October 28, 1996. Minutes stand approved as presented. PUBLIC INPUT Joanne Krebs, 1002 Taproot Drive, spoke in objection to the City Manager's raise as proposed both times. Fran Gramarosa, Turkey Hollow Circle, spoke about mosquito spraying and stated that for the past two years she has been notified when the spraying would occur and now she is not given a specific day as she suffers from lung disease and needs to avoid the fumes. Kip Lockcuff, Public WorkslUtility Director, stated that he doesn't see a problem with notifying Ms. Gramarosa the day spraying will occur. Janice Romano, 908 Oak Forest Drive, spoke regarding the new contract for the maintenance of Oak Forest Lake and commended Aquatic Biologists for the good job they did and said she hopes the new company maintains the Lake at the same quality. Commissioner McLeod said that if the level of services diminishes inform the Commission. CONSENT AGENDA Public W orks/Stormwater Division A. Requesting authorization to enter into a Contract Agreement for retention pond maintenance services. PURPOSE: to request authorization to enter into a contract agreement with Aquatic Weed Control, Inc., for retention pond aquatic weed control and maintenance at a cost of$33,936.00. Utility Department B. Requesting authorization to execute Amendment 5 for Consulting Engineering Services with Resmlar Meetine: City Commission November 11.1996 96-97-03 Pae:e 2 Conklin, Porter & Holmes Engineers, Inc., to design a Residential Reclaimed Water Distribution System for Greenspointe. PURPOSE: to request authorization for the execution of Amendment 5 for the design of Residential Reclaimed Water Distribution System Extension for Greenspointe with Conklin, Porter & Holmes Engineers, Inc., at a cost of$35,010.00 City Manager C. Requesting direction from the Commission regarding authority to explore alternative methods for the creation of a Beautification District for Tuscawilla. PURPOSE: to gain Commission authority to explore alternative methods for creating a Beautification District for Tuscawilla. ACTION: Motion was made by Commissioner Ferring to approve the Consent Agenda. Seconded by Commissioner Conniff. Discussion. Vote: Commissioner Conniff: aye; Commissioner Ferring: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. INFORMATIONAL AGENDA Police Department A. Informing the Commission regarding the recertification of Police Officers in Cardiopulmonary Resuscitation (CPR). PURPOSE: to inform the Commission of the recertification of the Officers of the Police Department in Cardiopulmonary Resuscitation. City Manager B. City Manager advising the Commission of the status of City policy regarding the placement of newspapers in the lobby of City Hall. PURPOSE: to clarify current policy regarding the placement of newspapers in City Hall. ACTION: Motion was made by Commissioner Ferring to approve the Informational Agenda. Seconded by Commissioner Conniff. Discussion. Vote: Commissioner Ferring: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Conniff: aye. Motion passes. Mayor Bush announced the election results: Mayor: Bush - 4,913; Partyka - 4,929; Commission Seat/District 4: Chmura - 3,540; Gennell - 5,934. REGULAR AGENDA Land Development Department A. Requesting Commission approval of the Planning and Zoning Board recommendation for approval ofthe Preliminary EngineeringlFinal Development Plan for the Oaks Subdivision contingent upon Staff comments in the attached Staff Review Minutes dated September 18,1996. PURPOSE: to approve the Preliminary EngineeringlFinal Development Plan for the Oaks Subdivision. This is for a Twenty-seven (27) lot subdivision in the Highlands a Planned Unit Development (PUD). This subdivision is located on the north side of Edgemon Avenue and approximately five hundred (500) feet west of State Road 419. Approval action will allow the developer to proceed with the next stage Ree:ular Meetine: City Commission November 11.1996 96-97-03 Pae:e 3 of the review process. The Planning and Zoning Board recommended approval of the project on October 2, 1996. The Planning and Zoning Board authorized the Land Development Coordinator to present their recommendation to the City Commission without approved Planning and Zoning Board minutes: Donald LeBlanc, Land Management, gave his presentation. Commissioner GennelI asked what was the vote on P&Z. Mr. LeBlanc stated he thinks it was unanimous. Commissioner Gennell asked about lots 1, 2 and 3, if they were single lots that go through from street to street. Mr. LeBlanc said that is correct, the City will get the ingress/egress routes for Edgemon Ave. Commissioner Gennell said the plat says to Shepard Rd.. it doesn't say anything about to Edgemon. Mr. LeBlanc said that was a mistake, it will change; there is also a wall there, a six foot high masonry or brick wall inside the property line, a ten foot easement for drainage and wall will be maintained by the homeowners association. Commissioner Gennell said the City will have the right-of-way there going onto Edgemon as well as Shepard. Mr. LeBlanc said that is correct, it was put at the wrong place but will be corrected at final engineering. Commissioner Gennell asked what was the zoning on Tract E. Mr. LeBlanc said the zoning is PUD and the land use is moderate density residential. Commissioner Conniff asked if the setbacks have been established on the seven lots that were in question. Mr. LeBlanc said yes, the Building Official was satisfied. Commissioner Langellotti asked if Shepard Road will be opened. Mr. LeBlanc said this project will complete Shepard Road. Commissioner McLeod asked if this will be a gated community. Mr. LeBlanc said no. Commissioner Gennell asked if the streets are private or City. Mr. LeBlanc said City streets. Commissioner Gennell asked if there will be sidewalks on both sides of the street. Mr. LeBlanc said there will be sidewalks on both sides of the street. Motion was made by Commissioner Ferring to approve the Preliminary Engineering/Final Development Plan as recommended by the Planning and Zoning Board for the Oaks subdivision; contingent upon Staff comments in the attached review minutes dated September 18, 1996. Seconded by Commissioner Conniff. Discussion. Vote: Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner LangelIotti: aye; Commissioner Ferring: aye; Commissioner Conniff: aye. Motion passes. Public Works Department B. Requesting Commission approval of the First Reading of Ordinance No. 636 amending Chapter 9 of the Code of ordinances to provide for Rustic Residential Collector Road Standards in areas of the City designated in the Comprehensive Plan with an underlying rustic residential land use. PURPOSE: to request Commission approval for the First Reading of Ordinance No. 636 amending Chapter 9 of the Code of Ordinances by amending Sections 9-147(a) and 9-147(b) and 9-292, Ree:ular Meetine: City Commission November 11. 1996 96-97-03 Pae:e 4 . providing for Rustic Residential Collector Road Standards in areas of the City with an underlying rustic residential land use: Mr. Neil Backus, resident of the Ranchlands, spoke in regards to statements from the last P&Z meeting stating that Mr. Fernandez had stated that he was going to try and get East Panama (from the corner of Panama and Moss to Fisher Road) out of the collector loop and put Bahama in instead. Mr. Backus stated that there are a lot of people upset with that as they had almost 100% of the residents there signed a petition on East Panama for the road to be paved. Mr. Backus read a portion of the Ranchlands Newsletter from February 1986 for the record. (Attached) Commissioner Ferring stated that the Commission has voted on the paving in the Ranchlands. Kip Lockcuff, Public Works/Utility Director, stated that the traffic circulation element of the Compo Plan is under study, and expect to have Public Hearings around January. In the current budget of the Transportation Fee is East Panama Road design. Manager McLemore stated that he is aware that Mr. Fernandez brought that up as an item and thinks it was for clarification, and he personally made a motion to do that; and he wanted that clarified at a future meeting verbatim. Staff had responded to Mr. Fernandez saying that his assertion that the Planning Commission had acted to do that is not true. The Planning Commission has not made such a decision and the City Commission has not made such a decision and Staff has not made such a decision to change what has already been directed. Motion was made by Commissioner Ferring to approve the First Reading of Ordinance No. 636 and to read by title only. Seconded by Commissioner Conniff. Discussion. Vote: Commissioner McLeod: aye; Commissioner Conniff aye; Commissioner Ferring: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye. Motion passes. Attorney Kruppenbacher read Ord. 636 by title only. City Manager C. Requesting the Commission to establish a time for the swearing in of new elected officials. PURPOSE: to set a time for the swearing in of newly elected officials: Discussion. It was the consensus of the Commission to hold the swearing in of the new elected officials at 12:00, noon, on December 2, 1996. City Manager D. Requesting the Commission adopt Resolution No. 805 authorizing the Holiday Schedule for 1997. PURPOSE: for the Commission to establish the Holiday Schedule for 1997: Discussion. Motion was made by Commissioner Conniff to include the day after Christmas as the 11th holiday for 1997 only. Motion dies for lack of a second. Ree:ular Meetine Citv Commission November 11. 1996 96-97-03 Paee 5 Motion was made by Commissioner McLeod to approve Alternative #2, which is to have 10 holidays, taking away Presidents Day and giving the day after Christmas off and to read Resolution 805 by title only. Seconded by Commissioner Gennell. Discussion. Commissioner McLeod asked why the holidays are not in the regular employee policy manual and said he doesn't know why this has to come before the Commission every year. Manager McLemore said it can be done either way, you can have a generic statement in the personnel policy stating the holidays. Attorney Kruppenbacher stated that he and the City Manager is working on revising the personnel policy and they are trying to write it to catch this problem .Vote: Commissioner Conniff: aye; Commissioner Ferring: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. Attorney Kruppenbacher read Resolution 805 by title only. Parks and Recreation Department E. Requests the Commission review for approval the Parks and Recreation Department's purchase of a custom built concession trailer from reallocated previously approved 1996-1997 capital funds. PURPOSE: to seek Commission approval for the purchase of a one (1) year old mobile concession trailer, fully equipped, in the amount of $4,500.00 valued at $6,600.00 new with a payback period offive (5) months which will enable the Parks and Recreation Department to operate at various park sites thereby increasing revenue receipts: Don Wilson, Parks and Recreation Director, gave his presentation. Commissioner Ferring asked if the concession trailer is in compliance with the Fire Department codes. Mr. Wilson said he thinks it is. Motion was made by 'Commissioner Conniff to approvc the purchase of the mobile concession trailer contingent upon the trailer meeting Firc Department's Code. Seconded by Commissioner Langellotti. Discussion. Vote: Commissioner Langellotti: aye; Commissioner Ferring: aye; Commissioner Conniff: aye; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. Parks and Recreation Department F. Requests the Commission review and approve by Ordinance No. 635-A the setting offees which will be imposed to community serving youth athletic organizations and groups that normally utilize park atWetic facilities on a pre-scheduled basis but do not show for a previously approved scheduled game or show up to play when a game was not previously scheduled and approved. PURPOSE: to seek Commission review and approval of Ordinance No. 635-A which will authorize the Parks and Recreation department to levy fees toward youth athletic organizations and groups for "non-use/no show" and "unscheduled use" of City park athletic facilities: Mr. Wilson stated he has done extensive communication with all the leagues, and have run out of alternatives on how to manage the problem with unscheduled use and no-show use of Central Winds Park BaUfields and he is proposing to charge for any unscheduled use and any no-show. Discussion. Ree:ular Meetine: City Commission November 11. 1996 96-97-03 Pae:e 6 Commissioner Ferring stated he has a problem with charging people. Mr. Wilson stated that he has sat down with the league at their annual meeting and their monthly meetings for the last year and this situation has been discussed at almost every meeting; our problems are their problems and vise versa. They (the league) thinks that this is a good idea, they said if they have some parents that are un-corporative and won't listen to the league officials then we should do something. Commissioner Gennell asked who would be charged the teams or the league. Mr. Wilson stated the league. Commissioner McLeod stated he has a problem with charging the people and said he would much rather have seen something in the effect that the first time the team will be written up and sent a letter stating that and the second time send another letter stating the no shows and that would give the league an opportunity to get with the teams and bring them into compliance and then the third time maybe set a dollar value. Discussion. Motion was made by Commissioner Conniff to approve the first reading of Ordinance 635-A to be read by title only with the amendment to stated that fees can be modified later by Resolution. Seconded by Commissioner Langellotti. Discussion. Commissioner Gennell suggested having a statement at the bottom of the contract stating that fees will be charged for non- use/no shows and site the fees. Vote: Commissioner Conniff: aye; Commissioner Ferring: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: nay. Motion passes. Attorney Kruppenbacher read Ordinance No. 635-A in it's entirety. Mayor's Office G. Resolution No. 801, Expressing appreciation to AI Becker for his service on the Board of Adjustment. H. Resolution No. 802, Expressing appreciation to David Hopkins for his service on the Planning and Zoning Board I. Resolution No. 803, Expressing appreciation to Tom Brown for his service on the B.O.W.S. Board. Motion was made by Commissioner Conniff to read Resolutions 801, 802, and 803 by title only. Seconded by Commissioner Langellotti. Discussion. Vote: Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Conniff: aye; Commissioner Ferring: aye. Motion passes. Attorney Kruppenbacher read Resolutions 801, 802 and 803 by title only. Ree:ulHr Meetine: City Commission November 11. 1996 96-97-03 Pae:e 7 1. City Attorney - Frank Kruppenbacher Attorney Kruppenbacher stated that the City Manager advised him on November 6, 1996 (in the afternoon) that the P&Z Board was meeting that evening to deal with a proposed project by Jim Mikes that involved the tennis courts at the golf course. Based upon my recommendation, the City Manager and his Staff advised the Planning and Zoning Board that he wanted it pulled, given the issue that surfaced. Attorney Kruppenbacher said he is and will be prepared to give an opinion to the Planning and Zoning Board at a meeting. Attorney Kruppenbacher said it is his strong legal recommendation that none of the Commission have any discussions with Mr. Mikes regarding the development of this property, or this issue based upon a preliminary discussion, I think he is going to be adverse to the position that based upon what he has looked at so far that will be forthcoming. Commissioner Ferring said as a matter of record, this Commission was told that certain things were going to take place and since that period of time, we have not been advised as what has been transpiring. Attorney Kruppenbacher said all that has transpired is in January 1996, following a review of the agreement with this Commission, the agreement was forwarded to Mr. Mikes and sometime in September 1996 Mr. LeBlanc received a call from Mr. Mikes stating he didn't have an agreement and wanted to get it done. Then Mr. Mikes advised (by letter) to Mr. LeBlanc that he was apologizing that he found in his records what we had sent earlier in the year and it was signed by Mr. Mikes and then signed by the Mayor; it is represented in that agreement that what was represented to the Commission at public meetings was and is (in his opinion) a condition and a predicate on to why the Commission acted and what the Commission acted upon. K. City Manager - Ronald W. McLemore: Manager McLemore stated that he is prepared to bring to the Commission the L.D.R.'s relative to the Town Center for 434 and the newly development areas of the 434 area. Manager McLemore said this needs to be workshoped with the Commission before scheduling on the agenda for action before the Commission and asked the Commission if they want to hold the workshop before a Regular Meeting or to do that on another date. Manager McLemore stated that he is prepared to bring this to the Commission as early as November 25, 1996. Discussion. It was determined that a workshop will be held on December 9, 1996 at 5:00 p.m. before the Regular Meeting. Manager McLemore stated that today was the cut-off day for property owners to submit their names if they wanted to serve on the working committee relative to developing the L.D.R.' s for the redevelopment section of 434. We will begin moving forward in setting up the committee and doing similar kind of work process that we did with the other section property owners. Manager McLemore asked the Commission if it was their direction to continue that way and then bring back the results to the Commission. It was the consensus to the Commission to have the Manager to continue in the same way. Manager McLemore mentioned that there was a good response from the property owners and said he will begin the orientation process with the Committee in December. Re2ular Meetine: City Commission November 11. 1996 96-97-03 Pae:e 8 Manager McLemore also stated that there has been question regarding the drainage project on Meadowwood. Chris Murphy, Stormwater Manager, stated he spoke with the contractor that is doing the job and was told that the equipment will be at the project towaro,the end of this week and anticipates that the job will be completed by next Friday. Discussion. L. Commission Seat V - David McLeod: Commissioner McLeod asked regarding apartment inspections due to decay. Commissioner McLeod asked that the City Manager check into this and report back to the Commission at the next meeting. M. Commission Seat I - Larry Conniff: Commissioner Conniff mentioned that with looking at the montWy report it was mentioned about No Name Park and asked ifthere could be a name for the park, maybe have the school children pick out a name. N. Commission Seat II - John Ferring: Commissioner Ferring asked about the structure of the Tuscawilla Golf Club Cafe and the bridges. Manager McLemore stated the City has been given a plan for the Cafe, by which Mr. Mikes intends to fix it. Manager McLemore said he believes the work is under way and stated the he thinks Mr. Mikes has until December 15, 1996 to complete the work. Commissioner Ferring stated that the question he has is whether this poses a liability on the City's part, if something happens there and somebody is injured. Attorney Kruppenbacher said his position is if the City Staff looks at any structure in the City that is occupied, inhabited or used by people and they identify it as an imminent threat and danger to them, they are to shut it down then. Attorney Kruppenbacher said the Code Inspector has advised him that he is comfortable with the time frames that have been set out for completion of repairs. Attorney Kruppenbacher said the issues that he recalls regarding this issues mentioned were: the bridges on the cart paths and the roof structure. Commissioner Ferring said what he is getting at is at this particular point the City is not saying that these things pose imminent danger, is that correct? Manager McLemore said that is correct, the point he wants to make is those of you who are of the opinion they can come in and complain against someone's property if they don't like the way it looks (or whatever), and wants the City to make them fix it up and expects that the city can say to fix it by "X" day; that is not the way it works, only under one condition can the City take an affirmative action and that is if the Building Inspector himself says "this is an imminent life hazard" he can close the building at that point and not before that. Manager McLemore stated that he has told the Building Official that at the moment he decides in his mind, that we have reached that point to go close that building; the Building Official has told the Manager that it has not reached that point; it is not pretty, it is not what it should be but it is not at the point of imminent hazard. Commissioner Ferring said he never mentioned about closing the building and said he concern was the integrity of the structures both on the bridges and the building and that if indeed we don't cover ourselves from liability and in the interim period of time from the time he has to fix this, which is now been going on almost six months, and something does happen, a bridge collapses or the cafe buckles Ree:ular Meetine: City Commission November 11. 1996 96-97-03 Pae:e 9 and somebody gets hurt, we're on the hook. Attorney Kruppenbacher said no. Manager McLemore stated on the bridges, the City has a certified engineering report from Mr. Mikes engineer stating that the structural integrity of the bridges has not been breeched by environmental conditions out there. They have lost some earth around the bridges foundations but there again there is no imminent life situation relative to the bridges. The thing for the City to do is stay on top of him as much as we can and try to see steady progress. Manager McLemore stated that Mr. Mikes is making some progress, he has filed reports that we asked for and had an engineer out and the City also received a structural engineering report on the building. Manager McLemore said at this point in time, he believes Mr. Mikes is moving toward having the improvements made to a degree where the City is comfortable that we are not going to get into a life hazard situation. Commissioner Ferring stated that over the last six or eight months, the City Manager has been meeting with Industrial Waste/B.F.I., (the City's contract is presently under Industrial Waste) and said he would hope that this should go out to bid, no matter who gets the solid waste contract in the City, that it is put up for the bidding process and hopes that it isn't sprung on the Commission after he is gone. O. Commission Seat III - John Langellotti: No Report. P. Commission Seat IV - Cindy Gennell: Commissioner Gennell stated she has an appointment to the B.O.W.S. Board and would like to move appoint Darlene Cook, 122 Protridge Circle. Seconded by Commissioner Conniff. . Discussion. Vote: Commissioner Ferring: aye; Commissioner Conniff: aye; Commissioner McLeod: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye. Motion passes. Mayor's Office - John F. Bush: No Report. The meeting adjourned at 9: 12 p.m. Respectfully Submitted ~~~~ City Clerk .~ HN F. BUSH, MAYOR