HomeMy WebLinkAbout_1998 03 23 City Commission Regular Minutes (2)
REGULAR MEETING
CITY COMMISSION
MARCH 23, 1998
The Regular Meeting of the City Commission of March 23, 1998 was called to order by Mayor Paul
P. Partyka at 6:35 p.m.
ROLL CALL:
Mayor Paul P. Partyka, present
Deputy Mayor Cindy Gennell, present
Ronald W. McLemore, present
Attorney Bob Guthrie, present
COMMISSIONERS:
Robert S. Miller, absent
Michael S. Blake, present
Ed Martinez, Jr., absent
David McLeod, present
Approval of Minutes of February 23. 1998 and of Minutes of March 2. 1998:
Motion was made by Commissioner Blake to approve the Minutes of February 23, 1998 and
the minutes of March 2, 1998. Seconded by Commissioner Gennelt. Discussion. Vote:
Commissioner McLeod: aye; Commissioner Gennell: aye; Commissioner Blake: aye. Motion
passes.
Mayor Partyka announced that the approval of Minutes of March 9, 1998, will be postponed until
the next regular meeting.
Mayor Partyka introduced Steve Miller, from the South Seminole and North Orange County
Wastewater Transmission Authority and John Torcaso, former Mayor and Commissioner of the City
of Winter Springs.
Mr. Miller presented Mr. Torcaso a plaque for his work on the South Seminole and North Orange
County Wastewater Transmission Authority.
Mayor Partyka read a letter from the property manager of the Highlands, thanking the City for their
quick response following the recent tornado.
Mayor Partyka also read a letter from the City Manager to J.P. Petrencsik, the City's Risk Manager
for achieving the National Safety Council Professional Safety Certificate.
Mayor Partyka mentioned that on the past Saturday he was part of the welcoming ceremony for the
Viet Nam War Memorial and stated that it was one of the most "touching" ceremonies that he has
been involved with and encouraged everyone to go and look at the wall.
Mayor Partyka also reminded the audience that the SpringFest will start tomorrow at Central Winds
Park.
Mayor Partyka said the State of the County Address will be held on April 26, 1998 at the Hilton in
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AItamonte Springs.
Mayor Partyka announced agenda changes: the Commission will hear Regular Agenda Items A, B
and C after Public Input then follow the agenda (Consent, Informational, and the remaining Regular
Agenda Items); also Regular Agenda Items D, E, F and G will be tabled until the next meeting.
U. PUBLIC INPUT
George Sealy, 211 Birch Terrace, mentioned his displeasure with the situation that the Commission
and Mayor have created with regards to the appointment or not appointment of the City Attorney.
Mayor Partyka announced that Regular Agenda Item A will be heard at this time, the presentation
by Dover, Kohl & Partners.
Community Development Department\Planning Division
A. Informs the Mayor and Commission that Dover, Kohl & Partners will present its proposed Town
Center Plan at the March 23rd meeting of the Commission. PURPOSE: to inform the Commission
that Dover, KoW & Partners will present its proposed Town Center Plan at the March 23rd meeting
of the Commission based on social, economic, environmental and legal data and analysis and meetings
with Boards and residents of the City:
Mayor Partyka stated that this is, (to him) the most exciting thing that's happening to the City of
Winter Springs and said it has impact, not only on the people now, but more importantly on the
generations to come. If this works the way it's suppose to work, we will have the premier City in
Central Florida and maybe even the State of Florida; the things that we are looking at in terms of
doing is going to be the role model for, again, not just Central Florida but potentially the Country.
This is some real exciting "stuff' and it's going to impact all of us and impact all of us in a positive
vam.
Victor Dover, Charles Wilson, Dr. Bruce Stevenson, Forest Michaels gave presentations on the Town
Center Master Design.
Paul Huntington, Vern Kingsberry, Missey Cassells, Mike Schrimsher, Juanita Blumberg, Joanne
Krebs, Gretchen Hide, Isabelle Laub and Art Hoffmann, spoke and asked question regarding the
Town Center.
Mayor Partyka said the whole point to all this is there is still a lot of concerns, this is still the early
stages, there is some urgency and there are some creative solutions to this, but we have to keep on
talking where everybody's a winner, not one person or one group or one developer gets hurt at the
expense of others, we all have to win on this, we have to come up with something, and said he thinks
the urgency here is we want to what is right for all of us.
Motion was made by Commissioner Blake to approve Item A. Seconded by Commissioner
Gennell. Discussion. Vote: Commissioner Gennell: aye; Commissioner Blake: aye;
Commissioner McLeod: aye. Motion passes.
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Mayor Partyka called a recess at 8:30 p.m. Mayor Partyka reconvened the meeting at 8:42 p.m.
City Manager
B. Requesting Commission hold a Public Hearing for Second Reading and adoption of Ordinance
697, which amends the Money Purchase Pension Plan and Trust, and establishes a Defined Benefit
Pension Plan and Trust. PURPOSE: to request the Commission approve the Second Reading of
Ordinance 697 which amends the Money Purchase Pension Plan and Trust and establishes a Defined
Benefit Pension Plan and Trust:
Attorney Guthrie read Ord. 697 by title only on Second Reading.
Commissioner Blake asked if there any changes or adjustments on this since the First Reading.
Manager McLemore stated no changes.
Mayor Partyka closed the regular meeting and opened the Public Hearing and asked if anyone wished
to speak. No one wished to speak. Mayor Partyka closed the Public Hearing and reconvened the
Regular Meeting.
Motion was made by Commissioner Blake to approve Ord. 697, which amends the Money
Purchase Pension Plan and Trust and established a Defined Benefit Pension Plan and Trust.
Seconded by Commissioner Gennelt. Discussion. Vote: Commissioner McLeod: aye;
Commissioner Blake: aye; Commissioner Gennell: aye. Motion passes.
Community Development Department\Planning Division
C. Requests the Commission hold a Public Hearing to consider including policies with the transmittal
of the large scale comprehensive plan amendment (LG-CP A-3-97) to the Florida Department of
Community Affairs, which would create a new Future Land Use Map designation "GreeneWay
Interchange District". PURPOSE: to request the Commission hold a Public Hearing to consider
including policies with the transmittal of the plan amendment to the Florida Department of
Community affairs, which would create a new Future Land Use Map designation "GreeneWay
Interchange District" pertaining to a 230+ acre parcel located on the northwest quadrant of S.R. 417
and S.R. 434. This action will allow the subject property to be developed more appropriately, i.e.,
oriented to the type of activity generated by a major highway such as the beltway (the GreeneWay)
that intersects S.R. 434 on the eastern edge of the City:
Charles Carrington, Community Development Director, gave his presentation. Mr. Carrington stated
that the Commission is being asked to consider a public hearing adding policies to the Compo Plan
to create a new future land use designation to be called the GreeneWay Interchange District. The
District will include a 230 acre parcel on the northwest quadrant of S.R. 417 (GreeneWay) and S.R.
434, following this Public Hearing and upon a favorable recommendation from the Commission, Staff
will transmit the plan amendment to the Florida Department of Community Affairs for review. Within
60 days of receiving the O.R.C. (Objections, recommendation and comments) report from the
D.C.A., a second public hearing will be scheduled to adopt the plan amendment or adopt the plan
amendment with changes. Mr. Carrington stated that Staff recommends approval be granted to
transmit to D.C.A.
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Commissioner McLeod asked that when this item comes back to the Commission, to have the tables
set in a fashion that the existing conditions be in a column and in a column next to it how it will
change.
Missy Cassells, owner of the property in question, thanked the Staff for their work.
Motion was made by Commissioner Blake authorize transmittal. Seconded by Commissioner
Gennell. Discussion. Vote: Commissioner Blake: aye; Commissioner Gennell: aye;
Commissioner McLeod: aye. Motion passes.
Ill. CONSENT AGENDA
City Manager
A. Requesting Commission adopt Resolution 842. PURPOSE: to have the Commission adopt
Resolution 842 supporting Seminole County School Board's request for a special exception to
construct a middle school and elementary school on Econ River Place.
Community Development Department\Land Development Division
B. Requests Commission approval for the recordation of the covenants for The Oaks subdivision.
PURPOSE: for the Commission to approve the recordation of the covenants for The Oaks
subdivision. This subdivision is located on the northerly side of Edgemon Avenue, approximately
seven hundred fifty (750) feet southwest of State Road 419.
City Manager
C. Requesting the Commission endorse CALNO's recommendation for Oviedo Councilman Tom
Hagood Jr.'s reappointment as a member of the Seminole County Expressway Authority.
PURPOSE: for the Commission to inform the Board of County Commissioners that Winter Springs
endorses CALNO's recommendation for Oviedo Councilman Tom Hagood Jr.'s reappointment as
a member of the Seminole County Expressway Authority.
Community Development Department\Building Division
D. Requests the Commission authorize additional funding in the amount of $12,500.00 for the
renovation of City Hall to provide a monitored Fire Alarm System. PURPOSE: to request the
Commission authorize additional funding for the renovation of City hall to provide a monitored Fire
Alarm System.
Community Development Department\Land Development Division.
E. Requests Commission approval for the recordation of the plat and covenants for St. Johns
Landing subdivision. Acceptance of improvements to be conveyed to the City will be at a later date.
PURPOSE: for the Commission to approve the recordation of the plat and covenants for St. Johns
Landing subdivision. Acceptance of improvements to be conveyed to the City will be at a later date.
This subdivision is located at the northwest terminus of Tuskawilla Road.
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City Manager
F. Requests motion of the Commission to adopt Resolution No. 841 relative to the powers of the
mayor to terminate the services of certain City employees. PURPOSE: to memorialize the
Commission's interpretation of Section 4.05 of the City Charter relative to the Mayor's powers to
terminate the services of the City Clerk and City Attorney in a Resolution of the Commission.
Utility Department
G. Requesting approval of work order Change #2 to the Joint Participation agreement with FDOT.
PURPOSE: to request approval of the Commission for the execution of Work Order Change #2 to
the Joint Participation Agreement for installation of utility and irrigation sleeves with FDOT in the
amount of$9,659.00 for a total of$47,195.40.
Finance Department
H. Requesting Commission approval to purchase new mailing equipment consisting of a 2-station
folder/inserter and burster in the amount of $15,800 to replace current Pitney-Bowes equipment
purchased in 1992. PURPOSE: to request Commission approval to replace the current mailing
equipment purchased in 1992 with new equipment from Basetec Office Systems of Orlando II, Inc.,
in the amount of$15,800.00.
City Manager
I. Requesting the Commission authorize additional funding for the renovation of City Hall to repair
damaged drywall. PURPOSE: to request additional funding for the renovation of City Hall to repair
damaged drywall in the Commission Chambers, office and lobby.
Community Development Department\Planning Division
J. Requests the Commission authorize Dover, Kohl & Partners to proceed with Step II of their
contract with the City, if the Commission approves of the Final Plan and work products in-concept
for the Town Center:
Commissioner Gennell had questions on Item E. Commissioner Gennell asked about the letter of
credit, where it states that Richland Tuscawilla Ltd., is in default. Attorney Guthrie said that the
letter of credit lays out how the City can trigger a default in the event the developer come through
with their obligations and collect under the letter of credit.
Kurt Wilkinson, representative of Rich land Ltd., was present for the developer.
Commissioner Gennell said she doesn't see on the plans regarding the conservation easement, and
said she doesn't see anywhere along the water where it states conservation area. Mr. Wilkinson said
explained where it was. Commissioner Gennell asked if there was anything in the covenants that
notifies the homeowners that they can not and should not fence off the conservation area.
Robert Popell, Attorney for Richland, Ltd., stated that the declaration does address the fact there is
a conservation and it does prohibit the land owners from doing anything in that area.
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Commissioner Blake had a question on Item D regarding the monitored fire protection for City Hall
and asked why couldn't our own Fire Department monitor that or the Police Department.
Fire Chief Tim Lallathin, stated that they currently do not have the capability of monitoring 24 hour
systems at the stations.
Commissioner Blake asked about the Police communications room, and said we have areas that are
maned 24 hours a day and said he can't see the wisdom of paying someone else to monitor our alarms
when we are perfectly capable of monitoring our own.
Chief Lallathin said if we had a monitoring company there would be an alarm box that's tied to an
auto-dialer phone system, dials the alarm company if there should be a trouble alarm, the alarm
company then actually has to make telephone contact with fire communications and tell them the
alarm is going off
Commissioner Blake said why can't the auto-dialer call be made to either the Fire or Police
Departments who then could assess the situation and then have the proper authorities show up.
Manager McLemore said it could if we were properly equipped. Manager McLemore asked if the
Commission wanted a cost analysis of the other cost alternative. Discussion.
Manager McLemore suggested takillg this item ofT the agellda and brillg it back at the next
meeting with more information. The Commission was ill agreement.
Commissioner McLeod had a question on Item F, regarding Resolution 841, and said he feels that
this needs to be read into the record. Attorney Guthrie read Resolution 841 into the record.
Commissioner McLeod also had a question on Item 1.
Commissioner Blake also had a question on Item H.
Motion was made by Commissioner Gennell to approve the Consent Agenda minus Item D.
Seconded by Commissioner Blake. Discussion. Vote: Commissioner GeDnell: aye;
Commissioner McLeod: aye; Commissioner Blake: aye. Motion passes.
IV. INFORMATIONAL AGENDA
Fire Department
A. Requests that the Commission review the City of Winter Springs Employee Blood Drive
information to be held at City Hall. PURPOSE: to assure that the City Commission is informed of
all the pertinent details regarding this activity.
Fire Department
B. Requests the Commission review the information r~lative to the questions raised by Mr. Stephen
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Dudra, president, Tuskawilla Trails Homeowners Association, during the City Commission meeting
held on 3/9/98. PURPOSE: to inform the Commission of the actions taken by the Fire Department
to respond to the citizens needs:
Motion was made by Commissioner Gennell to approve the Illformational Agenda. Seconded
by Commissioner Blake. Discussion. Vote: Commissioner McLeod: aye; Commissioner Blake:
aye; Commissioner Gennell: aye. Motion passes.
V. REGULAR AGENDA
Community Development Department\Planning Division
D. Requests the Commission hold a Public Hearing to consider whether to transmit the large scale
comprehensive plan amendment (LG-CP A-I-98) to Florida Department of Community Affairs, that
would add a policy statement in the Intergovernmental Coordination Element of the City's
Comprehensive Plan on annexation into the east rural area of Seminole County. PURPOSE: the plan
amendment is intended to add to the current text of the intergovernmental Coordination Element, in
Volume 2 of2 of the Comprehensive Plan, a policy statement on annexation into the east rural area
of Seminole County. Consideration of this plan amendment is prompted by the request of Seminole
County. The additional language to the text requires the submission of a large scale comprehensive
plan amendment to the Florida Department of Community Affairs:
Motion was made by Commissioller Gennell to table this Item until the April 13, 1998
meeting. Seconded by Commissioner Blake. Discussion. Vote: Commissioner Blake: aye;
Commissioner Gennell: aye; Commissioller McLeod: aye. Motion passes.
Community Development Department\Planning Division
E. Requests the Commission hold a first public hearing and approve for adoption Ordinance 699 to
revise Ordinance 695 to redesignate the jurisdictional wetlands of the Battle Ridge Property from
"Lower Density Residential" to "Conservation" on the Future Land Use Map. PURPOSE: to
request the Commission hold a first public hearing to revise Ordinance NO. 695 concerning the Battle
Ridge large scale comprehensive plan amendment. Ordinance 695 changed the future land use
designation of the Battle Ridge Property from County "Suburban Estates" (1 DU per acre) to City
"Lower Density Residential" (1.1 to 3.5 DU per acre). Ordinance 699 redesignates the jurisdictional
wetlands from "Lower Density Residential" to "Conservation" on the Future Land Use Map. This
proposed action is in response to the request by Seminole County and the City of Oviedo:
Motion was made by Commissioner McLeod to table this Item until the April 13, 1998
meeting. Seconded by Commissioner Blake. Discussioll. Vote: Commissioner Genllell: aye;
Commissioner McLeod: aye; Commissioner Blake: aye. Motion passes.
City Manager
F. Requesting the Commission adopt Resolution 843 Providing for an effective date of Ordinance
694 (Battle Ridge Annexation Ordinance), Ordinance 695 (Battle Ridge Large Scale Comprehensive
Plan Amendment), Ordinance 696 (Battle Ridge Rezoning), and the Battle Ridge Development
Agreement and directing Staff to transmit the Battle Ridge Comprehensive Plan Amendment to the
Florida Department of Community Affairs. PURPOSE: to provide an instrument through which the
effective date of the above referenced ordinances and agreement can be formally coordinated in a
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lawful manner:
This Item was withdrawll from the Agellda.
Community Development Department\Land Development Division
G. Presents to the Commission the recommendation of the Planning and Zoning Board as it relates
to the proposed Development Agreement for Tuscawilla Tract 15, Parcel "IB" PURPOSE: for the
Commission to hold a Second Public Hearing to consider the recommendation of the Planning and
Zoning Boards it relates to the proposed Development Agreement for Tuscawilla Tract 15, Parcel
1 B. Parcel IB is located at the northeast intersection of Vistawilla Drive and S.R. 434 extends
eastward on the south side of S.R. 434 approximately 2,1600 feet, then south southwest
approximately 450 feet, then westward approximately 2,100 feet and then north northeast to the point
of beginning approximately 450 feet. THIS ITEM TABLED FROM THE MARCH 9, 1998
MEETING:
Motioll was made by Commissioner Gellllell to continue this Item until the April 13, 1998
meeting. Seconded by Commissioller McLeod. Discussion. Vote: Commissioner McLeod: aye;
Commissioner Blake: aye; Commissioller Gennell: aye. Motion passes.
VI. REPORTS
A. City Attorney - Frank Kruppenbacher:
No Report.
B. City Manager - Ronald W. McLemore:
Manager McLemore stated that with regards to the residents concerns with the problems on Papaya
Lane in Oak Forest, the City can move ahead with the underdrain project in that area.
Manager McLemore reported to the Commission on the building (City Hall) renovations.
C. Commission Seat II - Michael S. Blake:
No Report.
D. Commission Seat III - Ed Martinez
Absent.
E. Commission Seat IV - Cindy Gennell:
Commissioner Gennell asked about the problem in Hacienda Village. Mr. Lockcuff stated that it is
not a City problem and said he had sent a letter stating that. Mr. Lockcuff said he will send another
letter explaining that the problem is not City related.
Commissioner Gennell spoke about the City's obligation to pay Attorney fees in defense of the
lawsuit. Discussion.
Motion was made by Commissioller Gellnell to filld that it is the public's purpose that there
is a need to have the service of an attorney for the defellse of the Commission and to provide
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this service at the public's expense. Seconded by Commissioner Blake. Discussion.
Commissioner Genllell: aye; Commissioner Blake: aye; Commissioller McLeod: aye. Motion
passes.
F. Commission Seat V - David McLeod:
Commissioner McLeod mentioned a document that the Commission was given from Mr. Mike
Schrimsher and asked if the items mentioned in the document have been discussed with Mr.
Schrimsher. Manager McLemore said most has been discussed at some degree and said he is asking
for specific answers to questions. Commissioner McLeod asked that the City Manager bring back
to the Commission with answers to Mr. Schrimsher's questions at the next meeting.
Commissioner McLeod asked Mayor Partyka the involvement of Mr. Jones and Mr. Lang regarding
the lawsuit, from a standpoint that the Commission can understand where their involvement is.
Mayor Partyka said Mr. Bob Pleus is his attorney on this issue and he is asking for a request of the
Court for declaratory judgement, and said Mr. Pleus has asked other people for input and help.
G. Commission Seat I - Robert S. Miller:
Absent.
H. Mayor's Office - Paul P. Partyka:
Mayor Partyka asked that the Commission place. Resolution 844 on the agenda, it is regarding
approving the persons named by the Seminole County Humane Society for animal cruelty
investigators. Discussion. The Commission will hear this at the next meeting.
Mayor Partyka announced that the City's blood drive will be held on April 17, 1998, and mentioned
that the City's goal is to collect 65 pints of blood and challenged the Commission to give blood on
that date.
The meeting adjourned at 9:50 p.m.
Respectfully Submitted,
Margo M. Hopkins,
City Clerk