HomeMy WebLinkAbout_1997 10 27 City Commission Regular Minutes
REGULAR MEETING
CITY COMMISSION
OCTOBER 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 Bob Guthrie, present
COMMISSIONERS:
Larry Conniff, present (6:42 p.m.)
Michael Blake, present
John Langellotti, present
Cindy Gennell, present
Approval of Minutes of October 13, 1997:
Motion was made by Commissioner Gennell to alPprove the Minutes of October 13, 1997.
Seconded by Commissioner Langellotti. Discussion. Vote: Commissioner Blake: aye;
Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye.
Motion passes.
Commissioner Gennell asked to discuss Consent Agenda Item A.
Mayor Partyka stated that the Commission will consider Regular Agenda Item F after Regular
Agenda Item B.
Mayor Partyka gave Cori Bartlett a special recognition for her composition of a poem in honor of
Officer Mark Messeguer.
Mayor Partyka also stated for the record that he is not endorsing any candidate for the Commission
Seat III election.
II. PUBLIC INPUT
Wayne Nelson, 1104 Winged Foot Circle, mentioned he spoke with Freda Williams and Kathy Smith,
from Winding Hollow and they had concerns regarding a traffic light at the entrance to Winding
Hollow and also street lights on Winding Hollow Blvd.
Mr. Nelson also stated he spoke with Donna Anderson and Doris Corradi, from Tuscawilla Trails,
and they asked about a turning lane into their development.
Manager McLemore stated that F.D.O.T. will install a traffic light as soon at the traffic count
warrants one.
Kip Lockcuff, Public Works/Utility Director, stated the he will inquire about a turning lane at
Tuscawilla Trails, but stated that when he inquired about a turning lane for Winding Hollow,
F.D.O.T. stated that there wasn't a need for one, so he didn't think F.D.O.T. would agree to a
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turning lane for Tuscawilla Trails, but he would inquire about one.
Ellen Cerniglia, 117 Blue Creek Dr., asked about getting reclaimed water for Chestnut Estates
subdivision.
Mr. Lockcuff stated that reclaimed water wouldn't be available for the subdivision for another couple
years as they are now working on plan improvements.
ill. CONSENT AGENDA
Community Development Department/Land Development Division
A. Requesting Commission approval for the recordation of the plat and covenants for Creeks Run
Subdivision. This action is also for the acceptance of the water, sewer and reclaimed water systems
within Creeks Run Subdivision for City ownership and maintenance. PURPOSE: to request the
Commission approve the recordation of the plat and covenants for Creeks Run Subdivision. It is
further requested that the Commission accept the water, sewer and reclaimed water systems for City
ownership and maintenance. This subdivision is located to the immediate east of Howell Creek and
south of State Road 434.
Public Works Department
B. Requesting authorization to enter into a contract agreement for the repair of Northern Way
Bridge. PURPOSE: to request authorization to enter into a contact agreement with Sieg &
Ambachtsheer, Inc., for repairs to the Northern Way Bridge at a cost of $48,925.00 plus a 10%
contingency.
Public Works Department
C. Requesting authorization to execute Supplement No. 1 to Amendment 43 for Consulting
Engineering Services with Conklin, Porter & Holmes Engineers, Inc. PURPOSE: to request
authorization for the execution of Supplement No.1 to Amendment 43 for Northern Way bridge
repair construction administration services with Conklin, Porter & Holmes Engineers, Inc., at a cost
of $3,751.00.
Finance Department
D. Requesting authorization to award a bid for annual air conditioning preventative maintenance and
service for all Municipal buildings. PURPOSE: to request authorization to award Bid #97-012 for
annual air conditioning preventative maintenance and service for all Municipal buildings for the Fiscal
Year 1997-1998 to W.W. Gay Mechanical Contractors, Inc. at an annual cost of$4,998.00.
Information Services Department - ADD-ON
E. Requests the Commission authorize the expenditure of $20,800 to Network Integration to
complete the cabling needed between the new Public Safety Building, Fire Station #24 and Public
Works. PURPOSE: to allow the Commission to approve the expenditure of $20,800 to Network
Integration which will allow the completion of cabling needed between the Public Safety Building,
Fire Station #24 and Public Works.
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Commissioner Gennell had questions on the Declarations, Covenants, Conditions and Restrictions
for this subdivision. Discussion. Commissioner Gennell stated that she would like to see that there
is a requirement for the builders that when someone buys a home, they are given a copy of the budget
and a copy of the financial statement for that year for that particular Association. Attorney Guthrie
said he is not sure that under the Florida Division of Land Sales we can do that, and said he would
look into that. Discussion on chain link fences. Also Commissioner Gennell asked about the
Stormwater Management. Mr. Lockcuff stated that the City does not maintain private facilities.
Motion was made by Commissioner ConnitT to approve the Consent Agenda. Seconded by
Commissioner Langellotti. Discussion. Vote: Commissioner Langellotti: aye; Commissioner
Gennell: aye; Commissioner McLeod: aye; Commissioner Conniff: aye; Commissioner Blake:
aye. Motion passes.
IV. INFORMA TIONAL AGENDA
Police Department - ADD-ON
A. Informing the Commission of the Florida; Department of Transportation's intent to raise the
speed limit of the newly completed section of S.R. 434 to 50 MPH. PURPOSE: to provide
information to the Commission regarding the results of a Florida Department of Transportation study
to establish the proper speed limit on S.R. 434 from S.R. 419 to .3 miles east of Tuskawilla Road.
Police Chief Kerr gave a brief presentation, and stated that the speed limit should be changed within
a month.
Motion was made by Commissioner ConnitT to accept the Irnformational Agenda. Seconded
by Commissioner Blake. Discussion. Vote: Commissioner Gennell: aye; Commissioner
Mc.Leod: aye; Commissioner ConnitT: aye; Commissioner Blake: aye; Commissioner
Langellotti: aye. Motion passes.
v. REGULAR AGENDA
Community Development Department/Planning Division
A. Requests the Commission hold a Public Hearing to approve the First Reading for adoption of
Ordinance 683 to establish the "Redevelopment Area" Overlay Zoning District Regulations (Design
Guidelines) of the State Road 434 Corridor Vision Plan. PURPOSE: to request the Commission
approve the First Reading for adoption of Ordinance 683 establishing the "Redevelopment 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:
Motion was made by Commissioner Blake to approve the Fint Reading of Ord. No. 683 and
to read by title only. Seconded by Commissioner LaDlgellotti. Discussion. Vote: Commissioner
McLeod: aye; Commissioner ConnitT: aye; Commissioner Blake: aye; Commissioner
Langellotti: aye; Commissioner Gennell: aye. Motion passes. Attorney Guthrie read Ord. 683
by title only on First Reading. Mayor Partyka asked if any member of the public wished to speak on
this ordinance~ no one wished to speak.
Charles Carrington, Community Development Director, reviewed with the Commission the changes
made to the ordinance.
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Page 7(18) - adding "wet retention may be allowed adjacent to S.R. 434 if designed to be part of a
water feature"
Page 8, 20-465(2) - adding "or other canopy trees (from the recommended tree pallet found at the
end of these design standards)".
Page 12, 20-466(e) - changing the word "consider" to "recommend"; also changing "submitted to"
to "granted by".
Page 14, 20-466(m) - move "electronic date, time and temperature informational signs" to the
permitted sign section.
Page 19, 20-470 - adding "Such Development Agreement shall be reviewed and approved by the City
Commission. The City Commission may vary the standards of this ordinance, including building or
perimeter setbacks, parking standards, signage, and other standards (but not building height) based
on building site constraints or physical characteristics of the property, provided specifically, however,
that any such concessions for a constrained site shall only be considered by the City Commission in
a Development Agreement if enhanced perimeter landscaping or buffering is provided to assure that
the objectives of this ordinance are achieved." Discussion on the building height. It was determined
that the statement regarding building height be eliminated and add a statement to the end about the
building height.
Page 19, 20-471 - adding "The Development Review Committee shall review and make a
recommendation regarding any proposed Development Agreement pursuant to Section 20-470 of the
Code" .
Commissioner Gennell had question on items:
Page 5, regarding pedestrian access. It was determined that the statement "unless another safe
crossing is provided" to added to that section.
Page 6(20) - changing "2 WI" to 4" in caliper and discussion on changing the Arbor Ordinance.
Page 19(12) - add the statement "shall not be located on sidewalk"
Community Development Department/Planning Division
B. Request the Commission hold a Public Hearing to approve the First Reading for adoption of
Ordinance 675 to establish the "New Development Area" Overlay Zoning District Regulations
(Design Guidelines) of the State Road 434 Corridor Vision Plan. PURPOSE: to request the
Commission to approve the First Reading for adoption of Ordinance No. 675 establishing 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:
Motion was made by Commissioner ConnitT to approve the First Reading of Ordinance 675
and to read by title only. Seconded by Commissioner McLeod. Discussion. Vote:
Commissioner ConnitT: aye; Commissioner Blake: aye; Commissioner Langellotti: aye;
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Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. Attorney Guthrie
read Ord. 675 by title only on First Reading. Mayor Partyka asked ifany member of the audience
would like to speak on this Ordinance.
Mr. Carrington reviewed the changes to the ordinance with the Commission. Mr. Carrington stated
that the same change made on page 5 of the Redevelopment Area Overlay Zoning District
Regulations.
Page 7(15) - add the same language for retail buildings as in the Redevelopment Area Overlay Zoning
District Regulations and 15(b)(1 &2) from the Redevelopment Area Overlay Zoning District
Regulations.
Page 8(21) - add the tree survey.
Page 8, 20-453(2) - add same as in Redevelopment Area - 4" caliper trees.
Page 19 - insert "bicycle racks not on sidewalks".
Page 19(8) - add same language at in the Redevelopment Area concerning ATM machines etc.
Mike Schrimsher, property owner, spoke regarding this Ordinance.
Missy Cassells also spoke regarding this ordinance.
Community Development Department/Planning Division
F. Requests the Commission approve the First Reading for adoption of Ordinance No. 690 replacing
Ordinance 670 which created a "New Development Area" Overlay District. PURPOSE: to request
the Commission approve the First Reading for 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 (a.k.a.
the GreeneWay) with the exception of the Town Center area of S.R. 434. Ordinance 690 deletes
Missy Cassells' property (located on the north side of State Road 434 and west of State Road 417)
from the New Development Overlay Zoning District.
Motion was made by Commissioner Conniff to approve the First Reading of Ordinance No.
690 and to read by title only. Seconded by Commissioner Blake. Discussion. Vote:
Commissioner Blake: aye; Commissioner Langellotti: aye; Commissioner Gennell :aye;
Commissioner McLeod: aye; Commissioner Conniff: aye. Motion passes. Mayor Partyka asked
if anyone wished to speak on this ordinance. No one wished to speak.
Missy Cassells spoke regarding this ordinance.
Discussion on deleting the Cassells property from the Ordinance. It was determined that there will
be an agreement in writing stating that there will be no development on the Cassells property until
the Development Plan is in effect.
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Discussion on a time frame. It was determined that this will take approximately 18 months or sooner.
Finance Department
C. Requesting the Commission hold a Public Hearing and approve the Second Reading of Ordinance
No. 688, establishing a Police Public Safety Facilities Impact Fee. PURPOSE: for the Commission
to hold a Public Hearing and to approve the Second Reading for Ordinance No. 688 establishing a
Police Public Safety Facilities Impact Fee which repeals the prior ordinance and establishes new fees:
Attorney Guthrie read Ord. 688 by title only on second reading.
Motion was made by Commissioner ConnitT to approve Ordinance No. 688. Seconded by
Commissioner Langellotti. Discussion. Commissioner Gennell asked if the decrease occurs in
residential or commercial or both. Harry Martin, Finance Director, stated both. Commissioner
Gennell asked ifit was equally from both. Mr. Martin stated the rate for non-residential on the Police
drops from 18 cents per foot to 12 cents, so it is a reduction in the rate itself Mr. Martin said both
the residential and commercial is reduced, which is also expected in an increase of permits issued.
Commissioner Gennell said she would like to know what the reduction is in the residential.
Commissioner Gennell asked that in the future when the Commission is enacting an ordinance that
repeals a prior ordinance, she would like a copy of the prior ordinance for the Commissions
information.
Vote on the motion: Commissioner Langellotti: aye; Commissioner McLeod: aye;
Commissioner Gennell: aye; Commissioner Blake: aye. Commissioner ConnitT absent for
this vote. Motion passes.
Finance Department
D. Requesting the Commission hold a Public Hearing and approve the Second Reading of Ordinance
No. 689, establishing a Fire Public Safety Facilities Impact Fee. PURPOSE: to request the
Commission hold a Public Hearing and to approve the Second Reading for Ordinance No. 689,
establishing a Fire Public Safety Facilities Impact Fee which repeals the prior ordinance and
establishes new fees:
Attorney Guthrie read Ord. 689 by title only on Second Reading.
Motion was made by Commissioner Blake to approve Ordinance No. 689. Seconded by
Commissioner ConnitT. Discussion. Vote: Commissioner Langellotti: aye; Commissioner
Gennell: aye; Commissioner McLeod: aye; Commissioner Conniff: aye; Commissioner Blake:
aye. Motion passes.
Commissioner Gennell also asked for the figures in this Ordinance.
Public Works Department
E. Recommending tree replantings and a monetary fine for an arbor violation in Winding Hollow.
PURPOSE: recommending to the Commission that they require D.R. Horton, Inc. To replant six
trees and assess a $500.00 fine for violating their arbor permit by removing a 24" cypress tree on Lot
255 in Winding Hollow:
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Kip Lockcuff gave his presentation.
Motion was made by Commissioner Gennell to approve Staff's recommendation. Seconded by
Commissioner Blake. Discussion. Vote: Commissioner Langellotti: aye; Commissioner
Gennell: aye; Commissioner McLeod: aye; Commissioner Blake: aye; Commissioner
ConnitT: nay. Motion passes.
VI. REPORTS
A. City Attorney Frank Kruppenbacher/Bob Guthrie
No Report.
B. City Manager Ronald W. McLemore
Manager McLemore stated Chief Kerr will up date the Commission on the Bicycle Program and an
accident that happened over the week-end.
Chief Kerr stated that the bicycle program started last week and has been received well by the
community.
Chief Kerr informed the Commission about an accident that happened over the week-end involving
a Police Officer and stated that the Officer is not injured but that: the police cruiser is totaled.
Manager McLemore gave the Mayor and Commission copies of the Annual Report and said the
report could possibly be the basis of the 1 st report to the public for the newsletter. Manager
McLemore asked the Commission if they wanted the newsletter to be monthly or quarterly.
Discussion. Commissioners Langellotti and Blake: monthly~ Commissioners Gennell, McLeod,
Conniff: quarterly. CONSENSUS: TO HAVE THE NEWSLETTER QUARTERLY.
Manager McLemore stated there has been a question arise as to the Charter regarding term limits.
Attorney Guthrie stated that there has been a issue arise regarding Section 4.03. Discussion.
Attorney Guthrie stated because there is no definition of term limits in terms, per say, that he has
found so far in case law or Statute or Administrative Rule, and stated he has contacted the Attorney
General's Office, the Senate Committee on Elections, and the State Association of Counties and the
Florida League of Cities, and in that regard, he feels the appropriate approach would be to suggest
it is full terms, where the voters have a say in the Commission candidate and not partial terms, which
is part of the issue here. That way a Commissioner has the opportunity to offer himself/herself to
the voters for three full terms and said he thinks that carries out the will of the Charter. Attorney
Guthrie said he will put his opinion in writing.
Commissioner Blake stated that the Charter needs to be looked at and recommended a Charter
Review Committee to go through the Charter and get it redone; Charter Amendments require a
referendum and can go forth at the next election, to fix the Charter and make is a usable document.
Commission opinion: Conniff: nay~ Commissioner Blake: aye; Commissioner Langellotti: aye;
Commissioner Gennell nay~ Commissioner McLeod: aye.
Mayor Partyka asked that this be an item on the next agenda for discussion so the Commission can
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take action steps.
C. Commission Seat IV - Cindy Gennell
Commissioner Gennell asked for a workshop as CALNO is working to establish an agreement for an
Education Governmental Cable programing and they have an interlocal agreement and they want each
City to hold a workshop to look at it and give their approval or disapproval. Discussion. The
Commission asked for information and then the Commission will decide to either have it as part of
a Commission meeting either before or after.
Commissioner Gennell said it is her understanding that Attorney Guthrie will check and see if the
Commission can stipulate in the "Declaration, Covenants & Restrictions" documents whether the
builder or developer has to furnish a budget and a financial statement. Attorney Guthrie said yes he
will check into that issue.
Commissioner Gennell stated that she was in the Winding Hollow subdivision and noticed standing
water in the new construction area and said that it hadn't rained that day; Commissioner Gennell
mentioned that she has not had complaints regarding that and said the City might want to look into
that.
Commissioner Gennell said she has been at the Senior Center for lunches and said for a long time
there was a problem with people coming in and "sales pitching" the Seniors and said it stopped for
a while but it has started up again. Discussion.
Motion was made by Commissioner Gennell to prohibit solicnting/sales pitching at the Senior
Center. Seconded by Commissioner Blake. Discussion. Vote: Commissioners Conniff: aye;
Commissioner Blake: aye; Commissioner Gennell: aye Commissioner McLeod: aye;
Commissioner Langellotti: nay. Motion passes.
Commissioner McLeod asked if that means there will no longer be educational programs or would
the educational program be put on by the Senior Center Director; but no one can solicit the names
of who was there nor solicit for any kind of sales while talking.
D. Commission Seat V - David McLeod
Commissioner McLeod said he would like see come before the Commission is the limit that the City
has management from being able to go out and have something done, before it has to go out for bid.
Commissioner McLeod said that needs to be looked at from a standpoint that now the limit is $4,000
and that was established years ago and there has not been any inflationary dollar figure changed (you
can't buy today what you bought 10 years ago for the same $4,000. Commissioner McLeod said he
would like to have the City Manager bring back figures to the Commission and also what surrounding
Cities do; this may keep the City from having a lot of out going bids against things that cost a lot of
money to the citizens to have that done. The Commission was in agreement.
Commissioner McLeod mentioned that at the previous meeting the Commission had a lengthily
discussion regarding campaigning on public property and that he received a call regarding
campaigning on public property. Commissioner McLeod said he is asking that a letter be sent to the
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candidates asking them and their representatives to refrain from this practice. Commissioner McLeod
also said that for future campaigns, this might be put into an ordinance where a warning is issued and
if a second time occurs a fine is issued.
E. Commission Seat I - Larry Conniff
Commissioner Conniff said as a reminder to the public, that Halloween is Friday and to exercise
caution as there will be a lot of children out in the evening. Commissioner Conniff mentioned large
holes on Hayes Road with little protection and asked that some kind of protection around there for
the safety of the children.
F. Commission Seat II - Michael Blake
No Report
G. Commission Seat III - John Langellotti
Commissioner Langellotti asked about the flooding in Winding Hollow. Manager McLemore stated
that he has had meetings with the developers and some of the residents and said a number of
strategies were discussed. At this point, the developer and engineer were going to try and put some
plans together and talk to the residents (who complained) to see what if anything they could do.
Manager McLemore said one thing that they recognized is that what is causing it, to some substantial
degree, the problem is over watering. We need to stop that, we have to do that by education and at
some point in time we will have to do that by enforcement~ that is one part of the strategy, what we
agreed to do is give them time to contact the residents and get a better "feel" for what the complaints
are and what can be done about it.
Kip Lockcutf, Public Works/Utility Director, stated that we don't know of any flooding problems,
it's a high ground water table, standing water type problems; we don't know of any flooding from
streets or streams.
Commissioner Langellotti asked about a park in Winding Hollow. Manager McLemore said in
discussions with the residents there, they did not want an active park, they wanted to leave it in a
passive nature.
H. Mayor's Office - Paul P. Partyka
Mayor Partyka stated he has to appoint the Canvasing Board and named Commissioner Conniff and
Commissioner Blake and the City Clerk. The Canvasing Board will canvas the absentee ballots on
election day.
The meeting adjourned at 9:50 p.m.
Respectfully Submitted,
_Zi~
City Clerk