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HomeMy WebLinkAbout_1997 01 27 City Commission Regular Minutes REGULAR MEETING CITY COMMISSION JANUARY 27,1997 The Regular Meeting of the 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 David McLeod, present City Manager Ronald W. McLemore, present City Attorney Frank Kruppenbacher, present COMMISSIONERS: Larry Conniff, present Michael Blake, present John Langellotti, present Cindy Gennell, present Mayor Partyka said he is making an agenda change, moving Regular Agenda Item A to the front of the meeting. The Commission was in agreement. Approval of Minutes of January 13. 1997: motion was made by Commissioner Langellotti to approve the minutes of January 13, 1997. Seconded by Commissioner Conniff. Discussion. Commissioner McLeod stated that it was left out in his motion regarding the formation of a committee for input to the commission regarding the Tuscawilla Tennis Courts and Pool that he stated three members from the Tuscawilla Tennis Club be part of the Committee and three representative from the Trotwood Park Committee. Vote: Commissioner Conniff: aye; Commissioner Blake: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes with correction. PUBLIC INPUT There was no public input. REGULAR AGENDA A. Requesting Commission hold a Public Hearing on the issue of development alternatives provided by Jim Mikes of FCC I regarding Units 3 and 4 of the Arrowhead Tract of the Tuscawilla PUD and provide direction to the Staff and Planning and Zoning Board. PURPOSE: to have the Commission receive public input regarding three development alternatives relative to the development of Units 3 and 4 of the Arrowhead Tract of the Tuscawilla PUD as presented by the developer, Jim Mikes, and to provide subsequent direction to the City Manager, the City Attorney and the Planning and Zoning Board to review the public record of this matter regarding the disposition of the alternatives and the development of Arrowhead Units 3 and 4 proposed now before the Planning and Zoning Board: Manager McLemore gave his presentation, reading from the agenda item packet into the record ( attached hereto). Manager McLemore stated that late this afternoon Mr. Mikes has communicated with the City and advised that he is withdrawing his proposal for Commission approval tonight. Mr. Mikes advised the City that he will be reviewing his proposal. Manager McLemore stated that he does not know whether the City will get another plan from Mr. Mikes or whether Mr. Mikes is reviewing his legal alternatives at this point in time. Resndar Meetin2 City Commission January 27. 1997 96-97-07 Pa2e 2 Manager McLemore said however, even with that action in place, he thinks it still important that the Commission follows through tonight in order for the Commission to provide the Staff and Planning Board and City Attorney with the Commission's direction relative to this matter. Manager McLemore said there were three basic issues before the Commission: 1) based on your public input tonight, was it the desire of the Commission to accept any of the three development alternatives provided by Mr. Mikes (that obviously is not on the table at this point in time); 2) in consideration of the information gained at the public hearing, does the Commission desire to require full compliance of the Settlement Agreement (that certainly is still on the table tonight for consideration); 3) in consideration of the input gained form the public hearing tonight, does the Commission desire to have any or all of the four development alternatives transmitted to a citizen advisory committee for review and recommendations as contemplated in its meeting of January 13, 1997.(that may be a matter that the Commission still wants to consider) Manager McLemore said as noted in the report to the Commission he stated that the City did receive some input from people in Tuscawilla that not every part ofTuscawilla had a property association, and some people felt like they were being left out, the Commission may deal with that with trying to restructure a committee in some way or just keep in mind that the Planning and Zoning Board is the City's formal advisory committee on Land Development issues and also at the Commission's direction could be an advisory player in this issue and they will be relative to the submission of the plans that are part of the City's general Comprehensive Plan requirements and any other specific direction that the Commission would give the P&Z tonight as a result of this meeting. Manager McLemore said basically we as Staff, the City Attorney and the P&Z Board need to hear from the Commission in terms of what is the Commission's guidance and direction relative to the situation as it stands today. Commissioner McLeod suggested that if item should come back before the Commission again, he asks that the City Manager make contact with either the High School or Elementary School that would have seating capacity that would seat the people so when the agenda is put out everybody would know where it will be held. Mayor Partyka said to make sure that the Commission has everyones position clear on the record, we are going to allow people to speak today so the Commission will have the public input and said it will be done in the following format: there will be a time limit for all individuals - that will be 3 minutes; group leaders will have up to 10 minutes to speak. Group leaders will speak first and then individuals and Mayor Partyka stated that if an issue has been discussed and happens to be an issue that someone wanted to say, don't repeat it, he will state your name so it will be on record. Commissioner McLeod said he would like the audience to understand the reason the Commission has asked for community input on this issue and that is because the Commission felt that this is your community, it is an issue that the residents ofTuscawilla should help the Commission decide and that is why the Commission has asked for the residents input to make sure that the Commission is working along with the people in Tuscawilla. Re!wlar Meetine City Commission January 27.1997 96-97-07 Paee 3 Wayne Nelson, 1104 Winged Foot Circle, representing the Tennis membership, the ex-swimming members and Country Club Village, gave a presentation and showed slides of the pool, tennis courts and club house, and spoke against the request. Edward Martinez, 802 Leopard Trail, President of the Tuscawilla Homeowners Association, spoke against the request. Terry Back, 1794 Seneca Blvd., representing Chelsea Woods Homeowners Association, spoke against the request. Lori Tabbutt, 1702 Littleton Court, representing the Davenport Glen Homeowners Association, spoke against the request. Tim Johnson, 1109 Gator Lane, representing Units 1 & 2 and members and non-members of Homeowners Associations (70+ homes and families), spoke against the request. Bob Robinson, 730 Lake Crest Cove, Alt. Spgs., President of the Chelsea Parc Homeowners Association, spoke against the request. Isabelle Laub, 1372 Blue Spruce Court, spoke against the request. AI Partington, 1456 Mt. Laurel Drive, member of the Committee from the Tennis Club, spoke against the request. Ray Laub, 1372 Blue Spruce Court, spoke against the request. Peggy Baker, 690 Tuscora Drive, spoke against the request. Jim Gurley, 677 Benitawood Court, spoke against the request. Susan Folsom, 1101 Huron Court, spoke against the request. Rick Crandell, 1140 Winged Foot Circle West, spoke against the request. Richard Rudy, 1214 Royal Oak Drive, spoke against the request. Richard Conniff, 1202 Royal Oak Drive, representing Fairway Oaks, spoke against the request. Moti Khemlani, 605 Morgan Street, spoke against the request. Manager McLemore pointed out to the Commission that the settlement agreement is written provided the City and Developer could administer the provisions of the settlement agreement and the amendments thereto in mutual consent to each other, it also set out that if there are any disputes that Re2ular Meetin2 City Commission January 27.1997 96-97-07 Pa2e 4 the Court will retain jurisdiction of any disputes between the City and Mr. Mikes, therefore, you need to keep in mind as to what kind of direction the Commission wants to provide particularly to the City Attorney in regards to the Attorney's alternative in pursuing a Court remedy in this situation as provided within the settlement agreement. Manager McLemore said what he is asking the Commission to think about in their direction is that he doesn't want to see any more conceptual plans, we need to see preliminary plans related to anything else Mr. Mikes brings in to us to get us out of the conceptual planning phase and into the engineering; Manager McLemore said what he is asking the Commission to consider is if there are going to be additional plans submitted to the City, and incorporate any specific direction from the Commission tonight, we would like to see that in preliminary plan style as provided for in the Codes, because that gives us specific information about the proposal. Commissioner McLeod asked the City Attorney if the Commission is proper in going forward at this point in time in making statements of what we would like to do regarding this item, or are we making the statements regarding the properties. Attorney Kruppenbacher said as he understands the guidance the City Manager is asking for is not to address what Mr. Mikes proposed to you (as he pulled those), but to address direction regarding the documents as we understand it, in the settlement agreement; which called for representations at a May 8, 1995 meeting regarding a pool, tennis courts, cafe etc. Discussion. Motion was made by Commissioner Langellotti that Mr. Mikes comes into compliance with the settlement agreement. Seconded by Commissioner McLeod. Discussion. Mayor Partyka said since there is a settlement agreement and there are certain things that Mr. Mikes has to do as part of the agreement i.e. maintain the pool, maintain the tennis courts, maintain the clubhouse; it's now been two years (or so) since these things have not been maintained according to the settlement agreement, can we force some things to happen. Attorney Kruppenbacher said that he will report back to the Commission at the next meeting everything the City can do to enforce and take care of the issues raised. Commissioner Blake stated that the doesn't want the Commission to restrict themselves (as a body) in looking at any changes that could be made that might increase the level of recreational property that is there, nor limit the Commission in asking/requiring that type of movement and asked if the Commission reaffirms the agreement as is, and say that the Commission will only look at preliminary .plans that go to P&Z and onto the Commission, does the Commission loose the ability to go back to the original settlement agreement. Attorney Kruppenbacher said the Commission does not loose the authority as a Commission to modify the agreement provided the other side is in agreement with the modification. Vote: Commissioner Blake: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Conniff: aye. Motion passes. Commissioner McLeod asked as he understands it, at the next meeting the City Manager and City I Reswlar Meetin2 City Commission Januarv 27. 1997 96-97-07 Pa2e 5 Attorney will bring back to the Commission, information regarding the agreement of how this agreement could be enforced to have that Corporation do any corrective action. Attorney Kruppenbacher said we need a "two pronged approach" one: Staff the Code people need to look at whether or not there is any code violations and two: we will look at the settlement documents from the standpoint is there any action we can take under those documents (to take action). Commissioner GenneU said to the Attorney that when he is reviewing things with an eye toward what the City can do in the settlement agreement, what the City can do under the Codes and what we can do as a City generally accepted practices, that the Attorney also consider giving the Commission a recommendation on what remedies are available through a normal Court of Law, if everything else is not available. Attorney Kruppenbacher said he will bring back every conceivable option to the Commission. Mayor Partyka called for a break at 8: 15 p.m. Mayor Partyka reconvened the meeting at 8:30 p.m. CONSENT AGENDA Fire Department A. Requesting authorization on behalf of the Police Department to enter into a contract agreement for Telecommunication Equipment and Installation at the new Police Station on North Moss Road. PURPOSE: to authorize the City Manager to enter into a contractual agreement with Motorola Communications and Electronics, Inc. for the installation of three CRT positions Centra Com II Plus consoles and modifying one VHF MSR 2000 Base Station from DC control to tone control, and installing three 800 MHZ Spectra Desktop control stations at the new Police Station at a cost of $100,331.00: Parks and Recreation B. Requests Commission review information pertaining to youth programming; proposed, provided and promotes by Young Olympians/Cheer America and approve authorization for the City Manager to execute a use agreement with young Olympians/Cheer America to use the Civic Center for programming and fees received for use. PURPOSE: the request is to inform the Commission of proposed youth programming available through Young Olympians/Cheer America and to request authorization for the City Manager to execute a use agreement for utilization of the Civic Center, programming and related fees: Public Works Department C. Requesting authorization to expend funds for a joint sidewalk improvement project with Seminole County. PURPOSE: to request authorization to expend $900 for the materials necessary for the County to install a sidewalk on Shepard Road west of Highlands Elementary. PURPOSE: to request authorization to expend $900 for the materials necessary for the County to install a sidewalk on Shepard Road west of Highlands Elementary: Rel!:ular Meetinl!: City Commission January 27. 1997 96-97-07 Pal!:e6 ACTION: Commissioner McLeod said he has comments on Items A and B. Commissioner Langellotti said he has comments on Item C. Commissioner McLeod stated one of his comments is on the Implementation Schedule where is states that the equipment will be ordered upon acceptance of the contract but installation will be scheduled as soon as the new Police Station is accepted by the City. Commissioner McLeod said as he sat in with the architect was that the past City Manager did have the money set aside for this and that it would be done in conjunction with and not after because if we are saying it will take within 30 days of the new buildings acceptance, the project will be completed that means we have a building sitting there for 30 days before we can occupy it because we do not have communications. Commissioner McLeod asked why can't it be done at the same time as the City originally planned on with the contractor. Manager McLemore said that that was a poor choice of words, the intent was to install as quickly as we can install and soon as it is practical to do that it will be done. Commissioner McLeod said on Item 4, Site Development, Equipment Room - this states that the City will provide a two inch conduit for the equipment room to the rest of the building; the conduit will penetrate the roof and terminate near the back wall and asked what is the dollar value or is that part of the estimate to put the system in. Donald LeBlanc, Land Management Specialist, stated that it is not included in the price and that the City has a change order working, this will be above and beyond the Motorola contract. Commissioner McLeod said he thinks that is a major factor, what is the cost and who is going to do it, and said he thinks the contractor that the City has should do the work through a change order and a roofer should make the penetration so all the warrantees are held by the contractor. Manager McLemore said in the City's contract with Omni-Com, their first responsibility was to review what was in the current documents for the public safety building and to determine if there were any needs for the communication infrastructure in the building over and beyond what has been designed. Manager McLemore said in Omni-Com's review, they noted some things that needed more work in order to provide full telecommunication and communication services and'that is reflected in the change order. Commissioner McLeod said he has a problem with site grounds - in the document it states "the City will be provide grounding at each site..." Commission McLeod asked why doesn't the communications people provide the ground or put it into their contract and make them responsible for the grounding mechanism and said this should be put back onto the communication people so they are responsible for the grounding - the City should not take the responsibility for the grounding. Discussion. Rel!ular Meetinl! City Commission Januarv 27. 1997 96-97-07 Pal!e 7 Commissioner McLeod said he has a problem with Item 7 - Motorola's Responsibility under B-7, it states that Motorola will supply one amp relays required to activate the City's supplied switches and latches and consoles and asked why isn't Motorola supplying switch gear and latches. Fire Chief Lallathin said the Police Department has requirements from security to open doors - such as opening a remote access door. Mr. LeBlanc said that is being worked on in the change order. Discussion. Commissioner McLeod said he also has a problem with Item 8 - it states "...set and test all audio levels for the motorized supplied equipment, problems noted in that work will be referred to the City for resolution." Manager McLemore stated that he thinks what that statement is saying is that if there is anything that is within our responsibility that's causing the problem, they will tell the City about that and in order for them to honor their product the City would have to fix "X" in their building. Discussion. Commissioner McLeod said he thinks they need to point out the problem and then fix it. Commissioner McLeod had a question with the section "Dispatch Training" and said he wants to make sure that all employees in Dispatch are trained and also some others (captains/lieutenants) so they understand how the system works and suggested the Manager review this. Commissioner McLeod asked about Dispatch locations. Acting Chief Pieper stated that there will be three dispatchers on duty. Commissioner McLeod asked about the "acceptance of testing" and suggested that this should state the acceptance of the final testing would be with training of30 days of successful operation and that is when the City should accept the equipment. Discussion. Commissioner McLeod said his last question is with Item C-8 - pricing summary, and questioned the term "upon acceptance" and stated this should state acceptance upon 30 days. Commissioner Gennell said the document doesn't state there is a guarantee and said she brought this to the Manager's attention and the Manager assured her that there is a guarantee on the equipment and said she will be voting on this assuming that. Manager McLemore stated that Motorola has a standard guarantee on all their equipment. Motion was made by Commissioner McLeod to go forward with this however, with each one of the items that he pointed out be addressed by the City Manager and put back to the Commission in writing by the City Manager on how each item was addressed in the contract agreement with Motorola, and with that move forward. Seconded by Commissioner Gennell. Discussion. Vote: Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Conniff: aye; Commissioner Blake: absent from vote. Motion passes. Discussion on Item B - Consent Agenda Commissioner McLeod asked who will be doing the clean-up on this, if it is the City, will there be extra cost to the City for cleaning the building once the children have been in there. Brook Seall, Acting Parks and Recreation Director, stated that every user group is responsible for Re2ular Medin2 City Commission Januarv 27. 1997 96-97-07 Pa2e 8 cleaning (according to the contract) and said that the City also has cleaning there everyday. Commissioner Gennell asked if there is a minimum number of students carried before the class is disbanded. Mr. Seall said there will be a specific time period and he will set a minimum that will be worth it to the City to have the building open. Motion was made by Commissioner Conniff to approve Consent Agenda Item B. Seconded by Commissioner Langellotti. Discussion. Commissioner McLeod asked how long will the contract be for. Mr. Seall stated it is open ended and said all the examples that he has seen has been 3-4 months long. Commissioner McLeod suggested having the contract be for one year seeing as there is a 30 day termination notice in the contract and said he feels this should be reviewed by the Commission in a year and after that the City Manager can report as to what he wants to do. Manager McLemore sate that he is not sure that they are looking for that length of a contract, we maybe have to make that judgement when they put something in front of us. Vote: Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Conniff: aye; Commissioner Blake: aye; Commissioner Langellotti: aye. Motion passes. Consent Agenda Item C Commissioner Langellotti asked about putting sidewalks on County property. Discussion. Motion was made by Commissioner Blake to approve the authorization to spend $900 for materials only; for the County to install a sidewalk on Shepard Road west of Highlands elementary. Seconded by Commissioner Gennell. Discussion. Vote: commissioner McLeod: aye; Commissioner Conniff aye; Commissioner Blake: aye; Commissioner Langellotti: nay; Commissioner Gennell: aye. Motion passes. INFORMA TIONAL AGENDA Management Information Services and Finance Department A. Informing the Commission on the conversion of the Utility Billing process from the ITX system to the UNIX system. PURPOSE: to inform the Commission of the intent to convert the Utility Billing program from the old ITX system to the present UNIX system, the length of time estimated and the estimated cost to do so: Motion was made by Commissioner Gennell to accept the Informational Agenda. Seconded by Commissioner Blake. Discussion. Vote: Commissioner Conniff: aye; Commissioner Blake: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. REGULAR AGENDA Parks and Recreation Department B. Request the Commission review and discuss in formation regarding signage posted at Wander Lake and Ranchlands Park located at the corner of Tradewinds and Hayes Road. PURPOSE: to request to generate discussion regarding signage posted at Wonder Lake which declares "NO SWIMMING OR BOAT LAUNCHING IN THIS AREA": Rel!Ular Meetin2 City Commission Januarv 27. 1997 96-97-07 Pa2e 9 Mr. Seall stated that a gentleman wanted to know why he couldn't bring Scouts in there with canoes and do scouting and canoeing. It was asked of the City where the sign came from and what were the rules. Mr. Seall said it is a public lake and owned by the City, the City has one access point which is the small park there. Manager McLemore said his concern is that he didn't know what representations have been made with the people in the Ranchlands and this body of water in terms of whether the Commission had made any commitments, and in doing research non were discovered. Manager McLemore said he needs to know how the Commission feels about this as to either pursue it further or drop the idea. Discussion. Commissioner Blake asked if the Homeowners Association was contacted to see what their thoughts might be. Mr. Seall stated no, at this point only research has been done to see what is the legal status at this point. Discussion. Manager McLemore said ifit is the Commission's desire to move ahead with this, we would need to assess what minimal kinds of improvements would be needed there. Attorney Kruppenbacher asked if the City's Risk Management people were checked with, to be sure that if the City changes the lake access or allow swimming - how to best do it and what if any are the risks. Commissioner Gennell said the City has other bodies of water and the Commission can't just look at tone of these and said she thinks if the Commission is going to adopt ta policy it should be done for all the lakes. Discussion. Commissioner McLeod said he thinks that an Ordinance is needed regarding this so that it is on record in the future as to what positions the City has with it and also said he thinks this should go before the P&Z Board. Motion was made by Commissioner Conniff to table this item until the Parks and Recreation Director has more information and present the information back to the City Manager and then back to the Commission with a recommendation. Seconded by Commissioner McLeod. Discussion. Commissioner Blake stated the property lines need to be checked. Vote: Commissioner Blake: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Conniff: aye. Motion passes. Community Development Department C. Requesting the City Commission approve the first reading of Ordinance 645 relative to the regulation of Communication Towers in the City. PURPOSE: to request the Commission's consideration in approving the first reading of Ordinance 645 relative to the regulation of communication Towers in the City: Motion was made by Commissioner Conniff to approve the first reading of Ord. 645 and to Re2ular Meetin2 City Commission January 27.1997 96-97-07 Pa2e 10 read by title only. Seconded by Commissioner Gennell. Discussion. Commission Langellotti declared a conflict as he represents a company that deals with towers. Commissioner Blake stated that the has difficulties with the Ordinance as it is written and said he feels that the City is rushing into this and requested that the motion be withdrawn and sent the Ordinance back to Staff and give them additional time that they require and institute a new moratorium if needed in order to do this right. Commissioner Conniff withdrew his motion and said this should be put in the form of a workshop. Commissioner Gennell withdrew her second. Discussion Mayor Partyka closed this item so the Attorney can write an Ordinance for a moratorium on Telecommunications Towers. Mayor's Office D. Resolution 809 - expressing appreciation to Art Hoffmann for his service on the Board of Trustees: Motion was made by Commissioner Gennell to approve Resolution 809. Seconded by Commissioner Blake. Discussion. Vote: Commissioner Blake: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Conniff; aye;. Motion passes. Mayor's Office E. Resolution 810 - a resolution appointing Trustees to the Board of Trustees for the Pension Plan for the employees of the City of Winter Springs: Motion was made by Commissioner Blake to approve Resolution 810. Seconded by Commissioner Conniff. Discussion. Vote: Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Langellotti: aye; Commissioner Blake: aye; Commissioner Conniff: aye. Motion passes. Mayor's Office F. Resolution 811 - expressing appreciation to Brian Fricke for his service on the Board of Trustees: Motion was made by Commissioner Blake to approve Resolution 811. Seconded by Commissioner Langellotti. Discussion. Vote: Commissioner McLeod: aye; Commissioner Conniff: aye; Commissioner Blake: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye. Motion passes. Mayor Partyka reopened Regular Agenda Item C. Attorney Kruppenbacher stated that the current moratorium expires at the end of this month (30th) if the Commission wants to continue it his recommendation is 1) pick the period of item 2) ask the Commission to read the motion that he Commission determines that they believe there is an emergency to pass an Ordinance tonight without going through first and second readings; Attorney Kruppenbacher said he will read the Ordinance and the Commission will adopt the Ordinance based upon the finding the Commission ;has determined there is public safety, health and welfare warrants the Commission going through the moratorium. In addition to that, Attorney Kruppenbacher said he will ask the Commission to approve the ordinance on first reading and then go through the process. Reeular Meetine City Commission Januarv 27.1997 96-97-07 Paee 11 If someone challenges this on an emergency basis he will have defenses of what is called an pending ordinance doctrine that the Commission is working on a document. Discussion. The Commission determined that the moratorium will be for 60 days. Motion was made by Commissioner Blake to approve Ordinance 646 on first reading that the Commission has determined that this is an emergency that the public's health, safety and welfare requires that 60 days be extended to complete a proper study of a tower siting ordinance be implemented in the City. Seconded by Commissioner Conniff. Vote: Commissioner Conniff aye; Commissioner McLeod: aye; Commissioner Gennell: aye; Commissioner Blake: aye. Motion passes. Attorney Kruppenbacher read Ordinance 646 in it's entirety. G. City Attorney - Frank Kruppenbacher: No Report H. City Manager - Ronald W. McLemore: No Report I. Commission Seat III - John Langellotti: No Report 1. Commission Seat IV - Cindy Gennell: No Report K. Commission Seat V - David McLeod: No Report L. Commission Seat I - Larry Conniff: No Report M. Commission Seat II - Michael Blake: No Report N. Mayor's Office - Paul P. Partyka: No Report The meeting adjourned at 9:45 p.m. Respectfully Submitted: ~~~ Margo M. Hopkins, City Clerk