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HomeMy WebLinkAbout_1998 02 09 City Commission Regular Minutes REGULAR MEETING CITY COMMISSION FEBRUARY 9, 1998 The Regular Meeting of the City Commission was called to order by Mayor Paul P. Partyka at 6:30p.m. ROLL CALL: Mayor Paul P. Partyka, present Deputy Mayor Cindy Gennell, present City Manager Ronald W. McLemore, present Attorney Bob Guthrie, present COMMISSIONERS: Robert S. Miller, present Michael S. Blake, present Ed Martinez, present David McLeod, present Approval of Minutes of January 26. 1998: Commissioner Gennell said on page 33, the last word says "trails" and it should read "wild life corridor. " Motion was made by Commissioner Martinez to approve the Minutes of January 26, 1998 with the change mentioned. Seconded by Commissioner Gennell. Discussion. Vote: Commissioner MiUer: aye; Commissioner Blake: aye; Commissioner Martinez: aye; Commissioner McLeod: aye. Motion passes. Mayor Partyka mentioned agenda changes: there are add-ons those being Regular Agenda Item C-l, C-2, C-3 and C-4 and stated that the Add-On Items pertain to the Battle Ridge issue. Mayor Partyka presented Mountain View Productions, Dream Vision Studios and Santore & Sons, Proclamations for the Winter Spectacular that was put on in the City. Mayor Partyka stated that we ran into a situation at the last meeting, the fact that we ended these meetings at 2:00 a.m., it is not good for the people, it is not good for us, it is not good for anyone; to share a little background, we set the meetings at 6:30 instead of7:30 with the idea that the end of the meeting would drop one hour also from 11 :00 to 10:00 (that was the goal), the whole reason behind that idea was so the public could give input. In light of that, Mayor Partyka stated that he will try to make the meeting as efficient as possible and asked the help of the City Manager in terms of keeping agenda Add-On to the minimum. Mayor Partyka also stated that there has been confusion on "calling the question or calling the vote or asking for a vote" and said this is one way of stopping long winded discussions and said you can call the vote (according to Robert's Rules of Order) at any time, the only thing that happens at that point in time is the speaker must be allowed to finish, once the speaker is done then the vote will be taken. II. PUBLIC INPUT Harold Scott, 911 Augusta National Blvd. spoke regarding agenda Add-On items and asked that Mayor have submitted to him in writing as to the situation pertaining to Add-Ons. Re2ular Meetin2 City Commission February 9. 1998 97-98-09 Pa2e 2 Grey Wilson, 1330 MacTavandash Dr. Oviedo, spoke regarding the procedures for Add-On agenda items and asked if the add-on items were properly advertised. Attorney Guthrie said there is only one action that relates to a Public Hearing and that Public Hearing was advertised (relating to the rezoning); the others are items of agenda and the City Commission has the prerogative to control the agenda and add items to it. Manager McLemore said there was a lot of concerns at the last Commission Meeting from Seminole County and the City of Oviedo and the Commission's direction was to try and meet with those people. Commissioner Randy Morris facilitated a meeting this past Monday in which certain understandings were reached and that resulted in second meeting on Thursday (of this week) in which additional understandings were met. It was the consensus of everyone that urgency was important here and in those meetings we told both Oviedo and the County that those things that we said we would do, we would do and that we would demonstrate those things by our actions this Monday night (tonight), which is what the parties requested. Everything that is here tonight for the Commission to act on (by formal action) was already directed and said there is nothing new here, however, it is being this way to demonstrate the action of the Commission on those concerns of the people that were expressed. Manager McLemore said everything here was nothing more than a good faith effort to try to satisfy the concerns of the people that have been expressed relative to this project. Manager McLemore said he feels it is necessary in order to do that in this situation we act on these things tonight and not two weeks from now. Attorney Guthrie conveyed that there in only one Public Hearing tonight regarding Battle Ridge and that is the consideration of the initial zoning and said there are however some items put on by the City Manager (which he described) and said the Ordinances that were acted on at the previous meeting are contingent upon each other. ID. CONSENT AGENDA Public Works Department A. Requesting authorization to execute Amendment 56 for consulting engineering services with Conklin, Porter & Holmes Engineers, Inc. PURPOSE: to request authorization for the execution of Amendment 56 for Paving and Drainage Design for the Hayes Road turn lane at S.R. 434 with Conklin, Porter & Holmes Engineers, Inc., at a cost of$9,975.00. Public W orks/Stormwater Division B. Requesting authorization to execute Amendment 57 for consulting engineering services with Conklin, Porter & Holmes Engineers, Inc. PURPOSE: to request authorization for the execution of Amendment 57 for an Erosion Evaluation of Gee Creek between Moss Roads and Hayes Roads with Conklin, Porter & Holmes Engineers, Inc., at a cost of$12,210.00. Utility Department Reeular Meetine City Commission Februarv 9. 1998 97-98-09 Paee 3 C. Requesting authorization to enter into a contractual agreement for the installation of a handrail at the West Water Reclamation Facility. PURPOSE: to request authorization to enter into a contractual agreement for the installation of a handrail at the West Water Reclamation Facility with AI Bosgraaf & Sons, Inc., at a cost of$16,540.00 Public Works Department D. Requesting approval of Resolution No. 837 for the maintenance of State Road 434. PURPOSE: to request approval of Resolution No. 837 which authorizes the City Manager to execute a Memorandum of Agreement between the City and the Florida Department of Transportation for the maintenance of State Road 434 from the western City limits to TuskawiHa Road. Public Works Department E. Requesting approval of Resolution No. 836 for the acquisition of surplus F.D.O.T. Right-of-Way. PURPOSE: to request approval of Resolution no. 836 which states that the surplus F.D.O.T. Right- of-Way will be used for public purpose and authorizes the City Manager to take the necessary steps to acquire the surplus right-of-way. Commissioner Gennell had a question on Consent Agenda Item E regarding the acquisition of the retention ponds. Commissioner McLeod asked about reading Resolution No. 837; Commissioner McLeod also stated that the Contract Number should be in the Resolution. Commissioner Miller asked about Item B with regard to the erosion evaluation and if other sections will be evaluated. Motion was made by Commissioner McLeod to approve the Consent Agenda with the change mentioned to add the contract number in Resolution 837. Seconded by Commissioner Miller. Discussion. Vote: Commissioner Blake: aye; Commissioner Martinez: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Miller: aye. Motion passes. IV. INFORMA TIONAL AGENDA Parks and Recreation Department/Public Works Department A. The Parks and Recreation Department and the Public Works Department wish to inform the Commission that they are cooperating to create an open grassy area at the northwest portion of Torcaso Park. PURPOSE: to notifY the Commission of this work which is in addition to the here-to- for established work at this site. Commissioner Gennell asked about an alligator in the pond. Manager McLemore will get with the Parks Director and check out the situation. Motion was made by Commissioner Gennell to accept the Informational Agenda. Seconded by Commissioner l\'lartinez. Discussion. Vote: Commissioner Martinez: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Miller: aye; Commissioner Blake: aye. Motion passes. Reeular Meetine City Commission Februarv 9. 1998 97-98-09 Paee 4 V. REGULAR AGENDA Finance Department A. Requesting Commission acceptance of the Audited Financial Statements for the Fiscal Year ending September 30, 1997. PURPOSE: presentation by the City Auditors of the Audited Financial Statements for the City of Winter Springs for Fiscal Year ended September 30. 1997: Ron Conrad ofDeloite & Touche gave his presentation and stated that the City is in good shape and has a good fund balance. Discussion on the medical transport funds. Discussion on inventory. Motion was made by Commissioner Blake to approve Regular Agenda Item A. Seconded by Commissioner McLeod. Discussion. Vote: Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Miller: aye; Commissioner Blake: aye; Commissioner Martinez: aye. Motion passes. Community Development Department/Planning Division B-1. Requests the City Commission hold a Public Hearing to approve the Second Reading and adoption of Ordinance No. 654, to annex a 9.58 acre parcel located on the south side of State Road 434 approximately 2,500 feet east of U.S. 17/92. PURPOSE: to request the Commission hold a Public Hearing and approve the Second Reading and adoption of Ordinance No. 654 to annex a 9.58 acre parcel. l.\'Iotion was made by Commissioner Blake to table Item B-1 until Feb. 23, 1998. Seconded by Commissioner Gennell. Discussion. Vote: Commissioner McLeod: aye; Commissioner Miller; aye; Commissioner Blake: aye; Commissioner Martinez: aye; Commissioner Gennell: aye. Motion passes. B-2. Requests the Commission hold a first Public Hearing on a Development Agreement for the Lake Irene Investors' property. PURPOSE: to request the Commission hold a first Public Hearing on a proposed Development Agreement, pertaining to a 9.58 acre parcel located on the south side of State Road 434 approximately 2,500 feet east of US. 17/92. Motion was made Commissioner Blake to table Item B-2 until Feb. 23, 1998. Seconded by Commissioner Gennetl. Discussion. Vote: Commissioner Miller: aye; Commissioner Blake; aye; Commissioner Martinez: aye; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. Community Development Department/Planning Division C. Requests the Commission hold a Public Hearing to approve the Second Reading and adoption of Ordinance No. 696, to rezone a 296.96 acre parcel located on the east side of State Road 417 (a.k.a. "The GreeneWay") and on the north side of State Road 434. PURPOSE: to request the Commission to hold a Public Hearing and to approve the Second Reading and adoption of Ordinance No. 696 to rezone the 296.96 acre Battle Ridge Property from County zoning designation A-I "Agriculture" (1 DU per acre) to the City's zoning designation ofR-IA "One Family Dwelling District" (8.000 sq.ft.). Attorney Guthrie read Ord. 696 by title only on Second Reading. Attorney Guthrie he recommends Reeular Meetine City Commission Februarv 9. 1998 97-98-09 Paee 5 changing the effective date to be the same effective date as the Comprehensive Plan Amendment. Charles Carrington, Community Development Director, gave his presentation. Manager McLemore stated this is the Second Reading of this Ordinance and there are no changes and said he is recommending one change to the ordinance, in order to be consistent with the items the Commission received in the Add-On Items, relative to the effective date of this ordinance. Manager McLemore said this action is a result of the request of the City of Oviedo and Seminole County from the meetings as stated. Manager McLemore said he is recommending that the effective date of the zoning be the same as the effective date of the Plan amendment (which will be brought to the Commission shortly) which will designate in the City's Compo Plan that the conservation area (the area to be dedicated to the City or some public entity) will be seen in the Compo Plan as a conservation area. Mayor Partyka stated that the Commission will hear all the items relating to this item but will be acted upon separately. Manager McLemore reviewed with the Commission is memo of this date. Manager McLemore said Item C was just discussed. Item C-l: for the Commission to review and formally adopt the clarifYing language that will be placed in the development agreement that reflect concerns that were voiced at the Commission's prior meeting; this does not require any additional public hearings on the annexation or the agreement, it just states that Staff has done what the Commission has asked and are asking that the Commission acknowledge that for the public record and demonstration that we are doing what we said we would do. Item C-2: this is for the Compo Plan amendment, providing for the conservation designation for the conservation area, which changes the effective date on item C. Item C-3: is a another plan amendment request that is coming out of these discussions, where both the City of Oviedo and Seminole County desires the City to put in the Compo Plan more specific language relative our annexation plan (municipal boundaries) so that our annexation policy is fixed in the Compo Plan (we have agreed to do that to the extend that the City of Oviedo will do that) Oviedo has in their Compo Plan designates certain policies relative to annexation. Item C-4: this is for the comfort of the City of Oviedo and Seminole County, this is to take a formal action to do what the Commission has agreed to do and that is moving the urban service westward to the eastern boundary of the Battle Ridge Property, extending from S.R. 434 to Lake Jesup, making it consistent with the County's urban service line, and stated that he is recommending that the Commission adopt Resolution 838. Fred Leonhardt, attorney for the property owner, gave his presentation and stated that they appreciate the continued efforts of the Commission, Mayor and Staffhas expended on behalf of communicating, achieving inter-local communications and assuring that all parties have a clear understanding of the process that we are engaged in. Mr. Leonhardt stated that they support the actions that have been recommended by Staff and the items that have been added to the agenda. Mr. Leonhardt said they have indicated that there are several things that the property owner has ben able to do and the most recent version of the agreement indicates things that have been done towards Reeular Meetin!! City Commission Februarv 9. 1998 97-98-09 Paee 6 responsiveness to the County and concerns of the neighborhood. Mr. Leonhardt said first, the preservation area: originally it was a one foot conservation easement and said they have increased that to ten feet, so that the east property line of Battle Ridge will have a ten foot wide area that is not going to be separately owned or incorporated into the lots; the ten feet will be part of the common properties conveyed by warranty deed to the mandatory membership homeowners association. Mr. Leonhardt said they fully support the City's action to move the eastern boundary of the urban service area line back to the eastern boundary of Battle Ridge. Mr. Leonhardt said they were asked to consider what they could do to help the trail program in the area and said they have learned that there is an abandoned Railroad bed that runs along the south property of Battle Ridge (from the GreeneWay area all the way across and presumably further to the east of their property) and said they have agreed to do and have added language to the agreement that they will provide for the trail to be available, certainly across the area that will be conveyed to public ownership. Mr. Leonhardt said the developer of the single family portion of the property will also work with the County to make the trail work through this neighborhood. Mr. Leonhardt also stated that they have added the language regarding the archeological survey for the property and said they put the specific grid wording in there. Mr. Leonhardt said after looking at the map and the lot acreage and lot cap, and said that although the Commission had authorized a density of 2.75 units per acre as a ceiling, we have incorporated in the wording of the agreement that the density ceiling is 2.56 units per acre as the actual density and stated that that is down below what the Commission previously agreed to. Mr. Leonhardt stated that they support the effective date modification. Attorney Guthrie mentioned that two other changes were made, one being the typographical error changing the 6,600 to 8,000, making the number consistent with the wording. AIso, the concept of defining the developable envelope for purposes of calculating gross developable land. Commissioner McLeod had questions on the trail and said that it should be written that the development will work with the trail. Commissioner GenneIl asked about the conservation easement being used for the trial. Attorney Guthrie said he will add that the easement can be crossed by the trail in the easement agreement. Commissioner Blake said that also stated should be that the crossing of the easement will be for the trail only. Tony Matthews, Seminole County Planner, reviewed with the Commission the table from his memo of this date. Mr. Matthews also spoke regarding the trail. Mayor Partyka called at recess at 8:30 p.m. Mayor Partyka reconvened the meeting at 8:40 p.m. Commissioner McLeod had question with regards to Item C-3. Attorney Guthrie explained the alternative of bringing back the Compo Plan amendment (Ord. 695). Bob Dillari, Councilman from the City of Oviedo, spoke on this item and asked the Commission to deny the request. Reeular Meetine City Commission Februarv 9. 1998 97-98-09 Paee 7 ReginaBereswill, 1190 MacTavandash Dr., Valerie EI-Jamil, 1230 MacTavandash Dr., Jim Logue, 3250 Stone St., Robert King 2211 Black Hammock, Grey Wilson, 1330 MacTavandash Dr., all spoke on this item. Manager McLemore said he needs to bring this issue down to what it is, there has been so many arguments, we have conceded and conceded to everybody's concerns. Manager McLemore said the real issue, relative to the issue with Black Hammock and that is that getting to a process that the two Cities can come to some agreement relative to the future of Black Hammock is what the Black Hammock people really wants, Battle Ridge is only symbolic in the whole set of issues and it represents a concern, the real issue is the instrument by which the life style of these people will be protected. Manager McLemore said he takes objection to some of the things that have been put on the record tonight. Manager McLemore read from the City of Oviedo's Compo Plan so the Commission can understand what is not being said, it summarizes what our objective is relative to Black Hammock. Manager McLemore said the City of Winter Springs is prepared to go much further (in his opinion) than the City of Oviedo relative to what they had on record to this issue. Manager McLemore said Oviedo's policy says "....in order to prevent the extension of urban development into the rural areas, the City shall recognize Lake Jesup as a natural northern boundary to further annexation. Manager McLemore said in Oviedo's plan of2010 it shows Oviedo annexing the Black Hammock; in the next policy statement of Oviedo's states "the City shall not annex any additional property to the north or east of annexation boundaries established" "...other than designated enclaves until the City and County have adopted the inter-local agreement, related to land uses". Manager McLemore said Oviedo's plan states that their policy is to annex, their plan shows annexing the Black Hammock, their policy statement says that Lake Jesup is their northern annexation boundary. Discussion. Motion was made by Commissioner McLeod to approve Ordinance No. 696 subject to the effective date being modified, and contingent upon the reconsideration of Ord. No. 695 and a determination of whether Ordinance 695 shall designate a portion of the property conservation under the land use plan of the City of Winter Springs. Seconded by Commissioner Blake. Discussion. Vote: Commissioner Miller: aye; Commissioner Blake: aye; Commissioner Martinez: aye; Commissioner Gennell: nay; Commissioner McLeod: aye. Motion passes. Attorney Guthrie said some of the dates that will need to be changed to reflect the action of when things passed and the calling back of Ord. 695 and said that Staff would like the authorization to go ahead and do that. It was the consensus of the Commission to authorize the above. City Manager - ADD-ON C-l. Requesting the Commission to approve clarifying language of the Battle Ridge Development Agreement as decided by the City Commission. PURPOSE: to have the Commission approve inclusion of the clarifying language of the Battle Ridge Development aereement listed herein as oreviouslv directed bv the City Commission: Attorney Guthrie stated we have gone over the issues that were set forth in the City Manager's Reeular Meetine City Commission Februarv 9. 1998 97-98-09 Paee 8 memo, with the five changes and the additional concession given by the developer with regards to lowering the density to 2.56 units per acre. Motion was made by Commissioner Martinez to approve Item C-l with the modifications discussion. Seconded by Commissioner McLeod. Discussion. Vote: Commissioner McLeod: aye; Commissioner Gennell: aye; Commissioner Martinez: aye; Commissioner Blake: aye; Commissioner Miller: aye. Motion passes. City Manager - ADD-ON C-2. Recommending the Commission to authorize the Manager to prepare a Comprehensive Plan Amendment to establish an underlying Conservation Land Use on the un buildable wetlands of the Battle Ridge Property to be deeded to an appropriate governmental or not-for- profit agency. PURPOSE: to amend the City's Comprehensive Plan in order to establish an underlying Conservation land Use for that portion of the Battle Ridge Property that is going to be deeded to a public or not-for-profit aeencv: Motion was made by Commissioner Martinez to approve Item C-2. Seconded by Commissioner Blake. Discussion. Vote: Commissioner Gennell: aye Commissioner Martinez: aye; Commissioner Blake; aye; Commissioner Miller: aye; Commissioner McLeod: aye. Motion passes. Attorney Guthrie asked that the developer acknowledge that they concur the return of Ord. 695 as part of this process and that they recognize that we are not transmitting that based on prior action of the Commission. Mr. Leonhardt said they so concur and understand the process. City Manager - ADD-ON C-3. Recommending the Commission authorize the Manager to propose a Comprehensive Plan amendment to clarify the City's annexation policy in the City's Comprehensive Plan in two phases. PURPOSE: to authorize the City Manager to prepare a Comprehensive Plan Amendment to clarify the City's annexation policy in the City's Comprehensive Plan in two phases: Motion was made by Commissioner McLeod to authorize the City Manager to propose a Comprehensive Plan amendment in two phases. Seconded by Commissioner Blake. Discussion. Vote: Commission Gennell: nay; Commissioner Martinez: aye; Commissioner Blake: aye; Commissioner Miller: aye; Commissioner McLeod: aye. Motion passes. City Manager - ADD-ON C-4. Recommending the Commission adopt Resolution 838, amending the City's Joint Planning Area Map. PURPOSE: to amend the Joint Planning Area Map in order to make the eastern boundary north of State Road 434 consistent with the County's Urban Service Line: Motion was made by Commissioner Martinez to approve Item C-4. Seconded by Commissioner Miller. Discussion. Vote: Commissioner Miller: aye; Commissioner McLeod: aye; Commissioner Blake: aye; Commissioner Gennell: aye; Commissioner Martinez: aye. Motion passes. Reeular Meetine City Commission Februarv 9. 1998 97-98-09 Paee 9 City Manager D. Request Commission hold a Public Hearing and approve the First Reading of ordinance No. 697 enacting a Floor Offset Pension Plan. THIS ITEM POSTPONED UNTIL A FUTURE MEETING. City Manager E. Requesting the Mayor to appoint and the Commission to ratify an AIternate for the South Seminole & North Orange County Wastewater Transmission Authority. PURPOSE: for the Mayor to appoint and the Commission to ratify an AIternate to represent the City on the South Seminole & North Orange County Wastewater Transmission Authority. . Mayor Partyka stated that he does not have an appointee at this time. City Manager F. Requesting the Commission to review CALNO information regarding the proposed Government Public Education Television Program, and to determine if it desires to enter into an inter-local agreement to study the feasibility of the program and to implement the program. PURPOSE: to provide information on the proposed Government Public Education Television Program, and for the Commission to determine what action, if any, it determines appropriate relative to support for the program at a later date if costs are acceptable: Motion was made by Commissioner GennelI to enter into an inter-local agreement for the proposed Government Public Education Television Program. Seconded by Commissioner Blake. Discussion. Commissioner Gennell called the question. Vote to call the question: All aye. Vote on the Motion: Commissioner Gennell: aye; Commissioner Martinez: aye; Commissioner McLeod: aye; Commissioner Miller: aye; Commissioner Blake: aye. Motion passes. It was determined that the Commission will appoint a Commissioner to be a member on this Committee. Community Development Department/Building Division G. Requests the Commission hold a Public Hearing and approve the Third Reading of Ordinance No. 692, adopting the current State of Florida Minimum Building Codes, as the Building Construction Standards for the City of Winter Springs. PURPOSE: to request the Commission hold Public Hearing and approve the Third Reading of Ordinance No. 692 to adopt the amended State of Florida Minimum Building Codes. as the Building Construction Standards for the City of Winter Springs: Attorney Guthrie read Ord. 692 by title only on third reading. Mayor Partyka closed the Regular Meeting and opened the Public Hearing and asked if anyone wished to speak on this Ordinance. No one wished to speak. Mayor Partyka closed the Public Hearing and reconvened the Regular Meeting. Motion was made by Commissioner McLeod to approve Ord. 692. Seconded by Commissioner Miller. Discussion. Vote: Commissioner Martinez: aye; Commissioner Blake: aye; Commissioner Miller: aye; Commissioner McLeod: aye; Commissioner Gennell: aye. Motion Reeular Meetine City Commission Februarv 9. 1998 97-98-09 Paee 10 passes. Community Development Department/Land Development Division H. Requests Commission hold a Public Hearing and approve the Third Reading and adoption of Ordinance No. 693, vacating a portion of a Greenbelt, Drainage and Utility Easement located at the rear of Lot 33, Bear Creek Estates (757 Bear Creek Circle). PURPOSE: to vacate a portion of an existing Greenbelt, Drainage and Utility Easement located to the rear of Lot 33, Bear Creek Estates (757 Bear Creek Circle). This will allow the owner of the property to build a house and the normal amenities associated with such: Attorney Guthrie read Ord. 693 by title only on third reading. Mayor Partyka closed the Regular Meeting and opened the Public Hearing and asked if anyone wished to speak on this Ordinance. No one wished to speak. Mayor Partyka closed the Public Hearing and reconvened the Regular Meeting. Motion was made by Commissioner Martinez to approve Ord. 693 upon the confirmation of the description of the property. Seconded by Commissioner Blake. Discussion. Vote: Commissioner Martinez: aye; Commissioner Miller: aye; Commissioner Blake: aye; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. Community Development Department/Land Development Division I. Requests Commission hold a Public Hearing and approve the Second Reading and adoption of Ordinance No. 698, amending Section 2-62 of the Code of Ordinances updating the duration of lien time period. PURPOSE: to update Section 2-62 of the Code of Ordinances updating the duration of lien time period from five (5) years to twenty (20) years in accordance with Florida Statutes, Chapter 162.10: Attorney Guthrie read Ord. 698 by title only on Second Reading. Mayor Partyka closed the Regular Meeting and opened the Public Hearing and asked is anyone wished to speak on this Ordinance. 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. 698. Seconded by Commissioner McLeod. Discussion. Vote: Commissioner Gennell: aye; Commissioner McLeod: aye Commissioner Martinez: aye; Commissioner Miller: aye; Commissioner Blake: aye. Motion passes. VI. REPORTS A. City Attorney - Frank Kruppenbacher: Attorney Guthrie mentioned a default on payments regarding the Moss Road Improvements and stated that the City can receive $25,000 to settle. Attorney Guthrie recommended to settle the case. Motion was made by Commissioner Blake to settle for $25,000. Seconded by Commissioner Gennell. Discussion. Vote: Commissioner Gennell: aye; Commissioner Miller: aye; Reeular Meetine City Commission Februarv 9. 1998 97-98-09 Paee 11 Commissioner Martinez: aye; Commissioner McLeod: aye; Commissioner Blake: aye. Motion passes. B. City Manager - Ronald W. McLemore: Manager McLemore stated that he sent a letter out to the various Homeowners Associations in the Tuscawilla PUD regarding the assessment. Manager McLemore also mentioned computer training for Windows 95 and stated that if any Commissioner wanted to attend to let him know. There was discussion on the Commissioners attending. It was determim:d that if a Commissioner wanted to attend, he/she could if there was an opening but the City employees get first choice. C. Commission Seat IV - Cindy Gennell: Commissioner Gennell said that she had asked for a review of the Arbor Ordinance on an agenda and asked that when that was going to be on the agenda that Mike Martin, Forester for the Little Econ State Forest to sit in on the meeting. Commissioner Gennell said a while back she requested information about reimbursement for Commissioners because we have raised the pay levels of all the employees and increased the pension, and said the Commission has done everything that is a responsible thing for the Commission to do and over the years she has watched the compensation for the Commission increased and in as much as the Commission has gone through and done everything for the employees, it is probably appropriate that we look at this, and said she thinks it is a good time now to do this; this action, if any, taken as a result oflooking at this would not impact anybody until the next election which is two years away, it mayor may not affect any of us but it will affect the Commissioners in the future and said she thinks it is appropriate since the Commission has been engaging in this exercise with the employees and said she would like to see that put on an agenda so the Commission can deal with it. Commissioner Gennell said the Commission has some information already and said perhaps the City Manager can get them some information about the surrounding Cities. Commissioner GenneU also mentioned restrooms for the trail (on State property). Discussion. The Commission agreed to have this as an agenda item. D. Commission Seat V - David McLeod: Commissioner McLeod asked that the City Manager check into having the employees retirement fund in a separate entity from the City. . E. Commission Seat I - Robert S. Miller: Commissioner Miller gave the Commission a memo regarding the issue of cut thru traffic throughout the City. Commissioner Miller also mentioned updating the Comprehensive Plan. Motion was made by Commissioner Miller to re-due the Compo Plan and to have a Reeular Meetine City Commission Februarv 9. 1998 97-98-09 Paee 12 moratorium on residential and commercial building until the Compo Plan is redone. MOTION DIES FOR LACK OF A SECOND. F. Commission Seat II - Michael S. Blake: Commissioner Blake asked the City Manager about the price for the residents for the Tuscawilla Beautification and where are we in the process of that. Manager McLemore stated he will answer that in a memo tomorrow. . Commissioner Blake asked why there was no sidewalk at Winter Springs Blvd., on the north side, and the western edge of Tusca Oaks going west onto Northern Way. Commissioner Blake also mentioned that the ball fields at Central Winds Park look wonderful. Commissioner Blake also stated that some of the phones in the Dugouts don't work. Commissioner Blake sated that there was an agreement to do a traffic study after the Mall in Oviedo opens and said he would like to find out when that will be done and suggested to wait until the Mall is fully opened. G. Commission Seat III - Ed Martinez. Jr.: Commissioner Martinez asked the City Manager for answers in regards to five letters he received. H. Mayor's Office - Paul P. Partyka: Mayor Partyka spoke regarding the City Attorney's position and asked for the Commissions help for input in the selection of another City Attorney. Mayor Partyka stated that Frank Kruppenbacher is hereby fired effective immediately and stated that Attorney Tom Lang will be acting Attorney until a City Attorney is selected. Much discussion. Motion was made by Commissioner Gennell to extend the meeting past 11:00 p.m. Seconded by Commissioner Miller. Discussion. Vote: All aye. Motion passes. Motion was made by Commissioner McLeod to get a ruling from the Court to determine if the Mayor has the power to fire the City Attorney. Seconded by Commissioner Gennell. Discussion. Vote: All aye. Motion passes. Motion was made by Commissioner McLeod to keep Frank Kruppenbacher as the City Attorney until a ruling is rendered. Seconded by Commissioner Gennell. Discussion. Vote: Commissioners Miller, Blake, Gennell and McLeod: aye. Commissioner Martinez: nay. Motion passes. Reeular Meetine City Commission The meeting was adjourned at 11 :25 p.m. Respectfully Submitted, ~i~ City Clerk APPROVED: p f.\UL -P.-'p AR TYKA, " --::--' - " ~-- ~ '" --. -"- :--. -" Februarv 9. 1998 97-98-09 Paee 13 February 23, 1998 TO: Mayor and Commission Margo Hopkins, City Clerkt .;-,{./ FROM: '2..1 l\ 11<6 Please detach pages 12 and 13 from the nunutes you currently have and replace them with the attached pages 12 and 13. There is a change on page 12, under the Mayor's seat, I inadvertently left out that Commissioner Blake and Commissioner McLeod asked for the text that the Mayor was reading from. AIso, attached is the statement that the Mayor read from at the January 9, 1998 meeting. Thank you; cc: City Manager Reeular Meetine City Commission Februarv 9. 1998 97-98-09 Paee 12 moratorium on residential and commercial building until the Compo Plan is redone. MOTION DIES FOR LACK OF A SECOND. F. Commission Seat II - Michael S. Blake: Commissioner Blake asked the City Manager about the price for the residents for the Tuscawilla Beautification and where are we in the process of that. Manager McLemore stated he will answer that in a memo tomorrow. Commissioner Blake asked why there was no sidewalk at Winter Springs Blvd., on the north side. and the western edge of Tusca Oaks going west onto Northern Way. Commissioner Blake also mentioned that the ball fields at Central Winds Park look wonderful. Commissioner Blake also stated that some of the phones in the Dugouts don't work. Commissioner Blake sated that there was an agreement to do a traffic study after the Mall in Oviedo opens and said he would like to find out when that will be done and suggested to wait until the Mall is fully opened. G. Commission Seat III - Ed Martinez. Jr.: Commissioner Martinez asked the City Manager for answers in regards to five letters he received. H. Mayor's Office - Paul P. Partyka: Mayor Partyka spoke regarding the City Attorney's position and asked for the Commissions help for input in the selection of another City Attorney. Mayor Partyka stated that Frank Kruppenbacher is hereby fired effective immediately and stated that Attorney Tom Lang will be acting Attorney until a City Attorney is selected. Much discussion. Commissioner McLeod asked to have the information that the Mayor read from so that the Commission can check out the information that was read. Commissioner Blake also asked for a copy of the text that the Mayor read from as a matter of public record. Motion was made by Commissioner Gennell to extend the meeting past 11:00 p.m. Seconded by Commissioner Miller. Discussion. Vote: All aye. Motion passes. Motion was made by Commissioner McLeod to get a ruling from the Court to determine if the Mayor has the power to fire the City Attorney. Seconded by Commissioner Gennell. Discussion. Vote: All aye. Motion passes. Motion was made by Commissioner McLeod to keep Frank Kruppenbacher as the City Attorney until a ruling is rendered. Seconded by Commissioner Gennell. Discussion. Vote: Reeular Meetine City Commission Februarv 9. 1998 97-98-09 Paee 13 Commissioners Miller, Blake, Gennell and McLeod: aye. Commissioner Martinez: nay. Motion passes. The meeting was adjourned at 11 :25 p.m. Respectfully Submitted, Margo M. Hopkins, City Clerk APPROVED: PAULP. PARTYKA, MAYOR