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HomeMy WebLinkAbout_1997 11 24 City Commission Regular Mintues REGULAR MEETING CITY COMMISSION NOVEMBER 24, 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 (6:50p.m.) City Manager Ronald W. McLemore City Attorney Bob Guthrie COMMISSION: Larry Conniff, present Michael Blake, present John Langellotti, present Cindy Gennell Mayor Partyka announced agenda changes: Regular Agenda Add-On Items H and I~ also Informational Agenda Add-On Item A. Mayor Partyka also stated that Regular Agenda Items H and I will be moved to the beginning of the Regular Agenda. Approval of Minutes of November 10. 1997: Motion was made by Commissioner ConnitT to approve the minutes of October 27, 1997. Seconded by Commissioner Blake. Discussion. Commissioner Gennell mentioned on page 4, the third paragraph speaking about the hedge on the east side of the retention ponds, that a water feature was not mentioned. Vote: Commissioner Conniff: aye; Commissioner Blake: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye. Motion passes. II. PUBLIC INPUT Mayor Partyka thanked the Police Department and the Civic Association for the outstanding job on the Holiday Parade. Mark Queen, 129 Cheny Creek Circle, spoke representing most of the homeowners from Phase I & 2 of the Reserve at Tuscawilla, and stated that they object to the release of the lots under the conditions where they would be responsible for the maintenance of the tloodway area and said they do not feel it is reasonable. Ken Rahuba, 206 Wade Street, spoke regarding speeding on Wade Street, and suggested a three way stop sign at Frank Street, children at Play signs, and maybe some speed ramps at the south end of Wade Street. Discussion. Manager McLemore said he would look into the three way stops signs and said he didn't see a problem with having the Children at Play signs. Commissioner Blake stated that it is time to take a look at a traffic unit in the Police Department and said he would like to see the numbers as to the cost of a traffic unit and said he would like to have that information as soon as possible and that he would like to see something done on this by March. Re2ular Meetin2 City Commission November 24.1997 97-98-04 Pa2e 2 Manager McLemore stated that he will look into the best cost eifective approach in this situation. Debbie Lawniczak, 300 Wade Street, also spoke regarding the traffic problem on Wade Street. Gene Lein, 1173 Winged Foot Circle East, spoke regarding Districting, and said he would like to see this be an item for a workshop regarding the possibility of doing away with districting. III. CONSENT AGENDA . Public Works Department/Utility Division A. Requesting authorization to approve Change Order #1 to the Contract Agreement for the Improvements to Lift Station #7W. PURPOSE: to request authorization to approve Change Order # 1 in the amount of $16, 175.71 to the contract agreement with Prime Construction Group, Inc. for the renovation to Lift Station #7W for an increased authorized amount of$80,475.71 plus a 5%_ contingency: Motion was made by Commissioner Blake to approve the Consent Agenda. Seconded by Commissioner Conniff. Discussion. Vote: Commissioner Blake: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Conniff: aye. Motion passes. IV. INFORMA TIONAL AGENDA City Manager - ADD-ON A. Tuscawilla Home Owner's Association presenting their Beautification Development Plan to the City Commission and City Manager requesting the Commission to give the City's Assessment District Consultant's Notice to Proceed with the project. PURPOSE: to initiate the process for the development of the Tuscawilla Beautification District: Tom O'Connell, 1st Vice President of the Tuscawilla Homeowners Association, spoke on behalf of the Association with regards to the Beautification Development Plan and shared a preview of the proposed landscaping. Motion was made by Commissioner Conniff to approve the Informational Agenda. Seconded by Commissioner Blake. Discussion. Vote: Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Conniff: aye; Commissioner Blake: aye. Motion passes. V. REGULAR AGENDA Parks and Recreation Department - ADD-ON H. Requesting the City Commission approve the "Winter Spectacular 97" holiday program for the community which is scheduled to be held at Central Winds Park on Saturday, December 13, 1997. PURPOSE: to gain Commission approval on the event: Vince Silanskas, of Mountain View Productions, Inc., gave a brief presentation. Manager McLemore stated that the cost to the City would be approximately $2,700. Ree:ular Meetine: Citv Commission November 24.1997 97-98-04 Pae:e 3 Motion was made by Commissioner ConnitT to approve Regular Agenda Item H. Seconded by Commissioner Blake. Discussion. Vote: Commissioner McLeod: aye; Commissioner Conniff: aye; Commissioner Blake: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye. Motion passes. City Manager - ADD-ON I. Requesting the Commission to authorize the Manager to develop a Facilities Use Agreement between the Winter Springs Senior Citizens Corporation and the City of Winter Springs. PURPOSE: to develop a joint Facilities Use Agreement that is acceptable to the City and the Senior Citizens Corporation for the use of the Winter Springs Senior Citizen Center: Manager McLemore gave his presentation. Jack Bergman, 735 Wilson Road, President of the Senior Citizens Association, spoke and stated that the Seniors accept the City Manager's proposal and said they welcome something in writing. Discussion. Motion was made by Commissioner McLeod to have the City Manager negotiate a Facilities Use agreement between the Senior Citizens Corporation and to have this agreement in place by April 1, 1998; and to rescind the Commission's previous motion (from the Nov. 10, 1997 meeting) and to allow the Senior~ to operate as they previously did until and agreement is worked out. Seconded by Commissioner Langellotti. Discussion. Vote: Commissioner Conniff: aye; Commissioner Blake: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Langellotti: aye. Motion passes. Community Development Department A. Requesting the City Commission to hold a public hearing for second reading and adoption of Ordinance 675 to institute the "New Development Area" Overlay Zoning District Regulations (Design Guidelines) of the State Road 434 Corridor Vision Plan. PURPOSE: to request the Commission approve the second reading and adoption of Ordinance 675 instituting the "New Development Area" Overlay Zoning District Regulations (Design Guidelines) that would become a part of Chapter 20 "The Zoning Ordinance" of the Code of Ordinances of the City of Winter Springs. THIS ITEM TABLED FROM THE NOVEMBER 10. 1997 MEETING: Attorney Guthrie read Ord. 675 by title only on Second Reading. Charles Carrington, Community Development Director, reviewed the changes on the New Development Area Overlay Zoning District Regulations with the Commission. Those changes being: Changing the word "committee" (with regards to the design review) to "board". Page 5, section 24.52, item 8 - sentence amended to read" pedestrian sidewalks shall be provided in the triangular area unless another safe crossing is provided" . Page 8, section 24.52, item 20 - "a tree survey shall be submitted with any application for site plan review showing all change over 4" in caliper. Page 8,24.53, a(2) - change to "minimum 2 ~ inch caliper and an overall height of 10-12 feet" Mr. Carrington also stated that the Ordinance deletes the Cassells property at the GreeneWay intersection, the Ordinance deletes it in favor of creating eventually a GreeneWay interchange district, which would become part of the overlay district. Reswlar Meetine City Commission November 24.1997 97-98-04 Paee 4 Mr. Carrington also mentioned that Mike Schrimshier, late on Thursday, provided the Staffwith a list of comments (29 comments) relating to the document and asked the Staff to review the comments and perhaps make recommendations for change to the Commission. Mr. Carrington stated that he turned the comments over to the City's consultant, Mjke Wadley; Mr. Wadley has reviewed carefully the 29 issues and is prepared to suggest that five of the 29 issues be incorporated into the document. Discussion on the agreement with the Cassells. Mayor Partyka closed the Regular Meeting and opened the Public Hearing. Missey Cassells, property owner, spoke regarding the agreement between her and the City. Motion was made by Commissioner McLeod to table this agenda item until the December 8, 1997. Seconded Commissioner Conniff. Discussion. Commissioner McLeod rescinded his motion. Commissioner Conniff rescinded his second. Mike Schrimshier, property owner, also spoke regarding the New Development Area Overlay Zoning District Regulations. Discussion. Mayor Partyka closed the Public Hearing and reconvened the Regular Meeting. Commissioner Gennell said on page 19, number 12, said she would like to see added "No Drive- Thru Windows will front on S.R. 434." Mr. Carrington stated that he will change the wording to state that. Motion was made by Commissioner McLeod to table this agenda item, Ordinance No. 675 until the December 8,1997 meeting. Seconded by Commissioner Gennell. Discussion. Vote: Commissioner Blake: aye; Commissioner Langellotti: aye; Commissioner Conniff: aye; Commissioner McLeod: aye; Commissioner Gennell: aye. Motion passes. Motion was made by Commissioner McLeod with regards to the Cassells property, that if the information is not back regarding the signatures Olll the agreement, then this Ordinance will be eliminated at the next Commission meeting and a new ordinance be adopted to include their property. Seconded by Commissioner Blake. Discussion. Vote: Commissioner McLeod: aye; Commissioner Gennell: aye; Commissioner Langellotti: aye; Commissioner Blake: aye; Commissioner ConnitT: aye. Motion passes. Community Development Department B. Requesting the City Commission to approve the second reading and adoption of Ordinance 690 replacing Ordinance 670 which created a "New Development Area" Overlay Zoning District. PURPOSE: to request the Commission approve the second reading and adoption of Ordinance 690 replacing Ordinance 670 which created the "New Development Area" Overlay Zoning District, that included the properties adjacent to the State Road 434 right-of-way from Hayes Road eastward to State Road 417 (aka the GreeneWay) with the exception of the Town Center area of S.R. 434. Ordinance 690 deletes the Casscells' property (located on the north side of State Road 434 and west of State Road 417) from the New Development Overlay Zoning District THIS ITEM TABLED FROM THE NOVEMBER 10.1997 MEETING: NO ACTION TAKEN. THIS ORDINANCE DIES. Reeular Meetine City Commission November 24.1997 97-98-04 Paee 5 Mayor Partyka called a recess at 8:35 p.m. Mayor Partyka reconvened the Regular Meeting at 8:47 p.m. City Manager G. Requesting the City Commission hear from Mr. Steve Cooke, Executive Director of the Orlando/Sanford Airport Authority, regarding airport improvements and related realignment of runways. PURPOSE: to request the City Commission to hear from Mr. Steve Cooke, Executive Director of the Orlando/Sanford Airport Authority regarding future improvements to the airport and related realignment of runway landing patterns that could have negative impacts on the City of Winter Springs. and to ask for appropriate Commission direction: Mr. Steve Cooke gave his presentation. Commissioners Langellotti and Conniff mentioned complaints they have received regarding noise from planes. Motion was made by Commissioner Blake to authorize the City Manager to write a letter sating that the City is opposed to the north/south runway expansion. Seconded by Commissioner ConnitT. Discussion. Vote: Commissioner Blake: aye; Commissioner Langellotti: aye; Commissioner Conniff: aye; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. Community Development Department F. Requesting the City Commission consider a Resolution of Support for the Seminole County Community Redevelopment Agency's proposed US. 17/92 Corridor Community Redevelopment Plan. PURPOSE: to request the Commission approve a Resolution of Support for the Seminole County Community Redevelopment Agency's (CRA) proposed US. 17/92 Corridor Community Redevelopment Plan. The Board of County Commissioners requests input from the various cities affected by the CRA's proposed plan: Mr. Kevin Fall, Capital Programs Planner with Seminole County, gave his presentation. Attorney Guthrie explained to the Mayor and Commission tax increment financing. Motion was made by Commissioner ConnitT to approve a Resolution of Support for the Seminole County Community Redevelopment Agency's proposed U.S. 17/92 Corridor Community Redevelopment Plan. Seconded by Commissioner Blake. Discussion. Vote: Commissioner McLeod: aye; Commissioner Gennell: aye; Commissioner Langellotti: aye; Commissioner Blake: aye; Commissioner ConnitT: aye. Motion passes. Commissioner McLeod asked that the Commission gets a list of the thirty+ properties in Winter Springs. Manager McLemore stated that he believes that the City should try to work with the County with everything they do and stated he thinks the County needs to work with the City on the things the City is asking them to do. Motion was made by Commissioner Blake to have the Mayor write a letter to the County asking for continued cooperation and flexibility between the City and County. Seconded by Commissioner McLeod. Discussion. Vote: Commissioner Gennell: aye; Commissioner Re!!:ular Medin!!: City Commission November 24.1997 97-98-04 Pa!!:e6 Langellotti: aye; Commissioner Conniff: aye; Commissioner Blake: aye; Commissioner McLeod: aye. Motion passes. Engineering Division, Community Development Department C. Requesting Commission final action (approval or disapproval) on the engineering of five (5) floodway lots on the west side of Howell Creek. This project is known as The Reserve at Tuscawilla, Phase I-A. PURPOSE: to request the Commission to take final action on the engineering plans for five (5) floodway lots on the west side of Howell Creek. This project is known as The Reserve at Tuscawilla, Phase I-A and the lots are located in that subdivision known as The Reserve at Tuscawilla Phase I which is on the east side of Tuscora Drive: Mayor Partyka stated that the developer has told him that there has been some discussion between the residents and they have reached a compromise on some of the issues. Mr. Carrington gave his presentation, and stated for the record, that a letter from FEMA is necessary before building permits can be issued. Mr. Carrington mentioned that Mark Jenkins, City Engineer is present for technical questions and Mr. Curt Wilkinson, of Rich land Properties, Dwight Saathoff, Attorney for the developer and David Hamstra, Engineer were present for questions. Manager McLemore said for the record, the City has been dealing with this project for over a year and said he personally had some problems with this project and because of that the City has required this firm to go through some "hoops" that is normally not required to go through. One was to provide the funding for the City to hire a third party engineer to do the environmental monitoring of the entire water course to ensure that the information the City was getting from the consultant's engineers was in fact the best information that Staff could bring to the Commission. That process has worked to the result that the third party consultant (employed by the City) is in agreement now with the consultant, in terms of the actual outcomes of the model. Attorney Guthrie stated that this issue isn't in the normal course of things, with the floodway regulations and FEMA review etc., so we do have a little room and a little opportunity to have some input. Mr. Saathoff gave his presentation. Mr. Saathoff said with regard to the homeowners questions; their proposal was to make the cost associated with the monitoring and maintenance of their encroachment in the flood way a common area expense, that would be an item to be maintained by the homeowners association for the entire project. Mr. Saathoff said the concerns of the homeowners is being responsible for something that really doesn't look to them as being a part of their lots and homes. We talked to them (earlier) about making this a general expense of the association but capping on all but the five new lots, the assessment being no more than $2.00 per month, to the extend that the cost associated with the monitoring and maintenance of the encroachment in the floodway were to exceed the amount of revenue generated with that cap, then the five lot owners would have to make up that difference. Mark Queen, 129 Cherry Creek Circle, stated that there was a proposal made to the homeowners, essentially paying an extra $2.00 per month in dues to the homeowners association, provided this meets the City specifications~ Mr. Queen stated that from the people he has spoken with tonight, they are in agreement to this. Paul Stanifer, 117 Cherry Creek Circle, stated that the assurance the homeowners need in this issue Reswlar Meetin2 City Commission November 24. 1997 97-98-04 Pa2e 7 was the fact that the developer said the owners of those five lots would incur anything above that amount. Mr. Stanifer stated that the homeowners want assurance that their liability in this is limited to $2.00 per month, as long as the people who buy those lots understand what they are buying and understand the liability. Commissioner Blake stated the $2.00 a month would be a cap, so that if the Homeowners Association did not meet the requirements and the City had to step in and the City had to charge the 25% surcharge, the total cost of the 25% surcharge would be born by those five lot owners only. The . remaining 84 lot owners would have no additional liability over that $2.00 per month. Mr. Wilkinson stated yes. Tom O'Connell, speaking for the Tuscawilla Homeowners Association, spoke in opposition of the proposal and urged the Commission to disapprove this request. Steve Kalovic, 104 Atrium Court, spoke regarding the $2.00 per month to cover the cost from the actual operating budget of the Homeowners Association. Discussion on this agenda item. It was determined that there will be a workshop between City Staff and the developer and his representatives, also the Commission is invited to this workshop. Motion was made by Commissioner Blake to table this agenda item until the December 8,1997 meeting. Seconded by Commissioner McLeod. Discussion. Vote: Commissioner Blake: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner ConnitT: nay. Motion passes. City Manager D. Requesting the City Commission approve the first reading of Ordinance 691, which amends Chapter 2, Section 2-152 of the Code of Ordinances, increasing the City Manager's purchasing authority. PURPOSE: to request the City Commission approve the first reading of Ordinance 691, which amends Chapter 2, Section 2-152 of the Code of Ordinances increasing the purchasing authority of the City Manager: Motion was made by Commissioner Conniff to approve the first reading of Ord. 691 and to read by title only. Seconded by Commissioner Blake. Discussion. Vote: Commissioner Gennell: aye; Commissioner Conniff: aye; Commissioner Blake: aye; Commissioner McLeod; aye; Commissioner Langellotti: aye. Motion passes. Attorney Guthrie mentioned a "typo" in Section II and read Ord. 691 by title only. City Manager E. Requesting the Commission to review CALNO information regarding the proposed Government Public Education Television Program, and to determine appropriate action. PURPOSE: to provide information on the proposed Government Public Television Program, and for the Commission to determine what action, if any, it determines appropriate relative to support for the program: Manager McLemore stated in the Commission's prior meeting the Commission requested additional information, and that information is provided. Discussion. Commissioner Gennell stated that this is a request to join in an interlocal agreement with the rest of the municipalities, the School Board and the College, to establish a government education cable Rel!:lllar Meetine: Citv Commission November 24.1997 97-98-04 Pae:e 8 channel. The basic financial estimate was just an estimate, and will not have firm figures until after the next CALNO meeting on December 3, 1997. The County is going forward with this and the School Board and Community College and some Cities, those that get in on this, will have a say on what time allocations they are given, the amount of time and where the time is etc. There is no cost to enter into this agreement, there is no cost to participate in this agreement, there is no cost until they actually make a decision of exactly the fees are going to be and how they will be allocated. Then you have the option to opt out. Commissioner Gennell said she thinks it is an exercise to engage in order to protect our own interest and keep our self in the "ball game". Attorney Guthrie said once the funding begins, we might want a little add-on either the last sentence in paragraph one, or last sentence in paragraph two, that indicates that you can drop out with no other further financial obligations other than the current year. Discussion. Motion was made by Commissioner Gennell to have the City enter into the interlocal agreement. Seconded by Commissioner Blake. Discussion. Vote: Commissioner McLeod: nay; Commissioner Langellotti: nay; Commissioner Conniff: nay; Commissioner Blake: nay; Commissioner Gennell: nay. Motion does not pass. VI. REPORTS A. City Attorney - Frank Kruppenbacher Attorney Guthrie said he is preparing for the Commissioners Elect, and will be helpful for the rest of the Commission, a summary of Sunshine Law issues. Attorney Guthrie stated that Mr. Kruppenbacher got in touch with him today and had an issue that he wanted the make the Commission aware of and that is the status of a lawsuit. It is on the Mikes lawsuit, there was a hearing today on the issue of where venue property lies. It issue that was raised was to get venue back in Seminole County and the Judge agreed and an order will be prepared to get the case back here so it will be tried in the form that is most appropriate. B. City Manager - Ronald W. McLemore Manager McLemore stated that tomorrow the City's request for the County Commission regarding enclaves with be on their agenda for action. The information that we have is that the County Commission will not support our proposal, they will support a Staff alternative which provides for what we have asked for except the five years. We had added a provision that said if after five years notice, the County would agree, an enclave under 10 acres would automatically come into the City. The question is do we retract our request and not have it voted down or let it go before the County Commission and have it formally turned down by the County Commission. Manager McLemore said it is his feeling at this point in time, since it is our desire to continue this, and it is his desire to bring it to the Mayors/Managers forum and have discussion on it, we have submitted it as potential legislation, that he would not l~e to have the County vote against it~ Manager McLemore said he would prefer to withdraw that section and have us agree with the Staff recommendation at this point. Discussion. It was the consensus of the Commission to agree with the Manager's Recommendation. Motion was made by Commissioner Blake to extend the meeting past 11:00 p.m. Seconded by Commissioner Langellotti. .Discussion. Vote: Commissioner Conniff: aye; Commissioner Blake: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. Relwlar Meetine: City Commission November 24.1997 97-98-04 Pae:e 9 Mayor Partyka called a recess at 10:50 p.m. Mayor Partyka reconvened the meeting at 10:55 p.m. Manager McLemore said his employment contract with the City provides for an annual performance review on or before November 1 st each year. The Contract provides that the Commission sets the Manager's goals and objectives as part of the budgetary process. Manager McLemore handed to the Commission a salary request with a review of his performance related to the goals and objectives established by the Commission as he (McLemore) understands them. Manger McLemore said his request is simple, that is the City provides him with a total compensation package with is equal to the average to those in the metropolitan area of Cities of average size. Manager McLemore said he has provided in the package what the metropolitan market area averages are for Cities that average to Winter Springs. Manger McLemore reviewed with the Commission his past year's accomplishments. Manager McLemore also reviewed his goals for the up coming year. There was discussion on a written evaluation of the City Manager. Motion was made by Commissioner McLeod to .oecommend (until the Commission decides how to evaluate the Manager and the criteria for that), to move the City Manager forward on the basis of 6%; the second thing recommended regarding the retirement (which has been an issue) recommending a 6% on retirement, the auto allowance is about right; and recommended the Commission develops a means of evaluating the City Manager for the upcoming year. Seconded by Commissioner Conniff. Discussion. Commissioner Conniff rescinded his second and Commissioner McLeod rescinded his motion. Discussion. Motion was made by Commissioner Blake to increase the City Manager's total compensation paclmge to an amount less than the metro market average but equal to the request line in the Manager's memorandum. Seconded by Commission Gennell. Discussion. Vote: Commissioner. Conniff: aye; Commissioner Blake: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. Commissioner Blake said he would like to see (within the next two meetings) an agenda item that discussed the subject of evaluating the City Manager. Motion was made by Commissioner Blake that the previous motion made, goes into etTect on November 1, 1997. Seconded by Commissioner ConnitT. Discussion. Vote: Commissioner Blake: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Conniff: aye. Motion passes. Commissioner McLeod mentioned amending the Manager's contract to have the evaluation done in July. Discussion. C. Commission Seat I - Larry Conniff Commissioner Conniff thanked the Mayor and Commission and City Staff, for working with him the past three years and the voters for their support. Reeular Meetine Citv Commission November 24.1997 97-98-04 Paee 10 D. Commission Seat II - Michael S. Blake No Report. E. Commission Seat III - John Langellotti Commissioner Langellotti thanked the Mayor, Commission and Staff for their support. F. Commission Seat IV - Cindy Gennell Commissioner Gennell asked that the City Manager look into the letter from Cynthia Reves regarding a manhole in the unpaved section of Bahama Road. G. Commission Seat V - David McLeod Commissioner McLeod asked about the appointment of the City Attorney. H. Mayor's Office - Paul P. Partyka Mayor Partyka mentioned the reception for the Wicklow representatives on Sunday and the it was a great success and congratulated Commissioner Gennell for the reception. Mayor Partyka also mentioned that he expects a response from them in terms of requesting a "sister city" program with their County Capital, the City of Wick low. Mayor Partyka also mentioned the editorial by Don Boyette in Sunday's newspaper regarding the City's Town Center. The meeting adjourned at 12:10 a.m. Respectfully Submitted, ~AhVJ~.~ X';1.~opkins, City Clerk ~