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HomeMy WebLinkAbout_1997 06 09 City Commission Regular Minutes REGULAR MEETING CITY COMMISSION JUNE 9, 1997 The Regular Meeting of the City Commission was called to order by Mayor Paul P. Partyka at 6:30 p.m. ROLL CALL: Mayor Paul P. Partyka, present Deputy Mayor David McLeod, present City Manager Ronald W. McLemore, present City Attorney Frank Kruppenbacher, present COMMISSIONERS: Larry Conniff, present Michael Blake, present John LangelIotti, present Cindy Gennell, present Approval of Minutes of May 12. 1997: Motion was made by Commissioner Conniff to approve the minutes of May 12, 1997. Seconded by Commissioner Langellotti. Discussion. Vote: Commissioner Conniff: aye; Commissioner Blake: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. Approval of Minutes of Special Meeting of May 19. 1997: Motion was made by Commissioner Blake to approve the minutes of Special Meeting of May 19,1997. Seconded by Commissioner Conniff. Discussion. Vote: Commissioner Blake: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Conniff: aye. Motion passes. Mayor Partyka presented Winter Springs High School Principal Wayne Epps with a proclamation for being Seminole County's Principal of the Year and for being nominated for State recognition. Mr. Epps thanked the Mayor and Commission for the Proclamation. Mayor Partyka presented Michelle Robinson with a proclamation for being named Student of the Year at Oviedo High School and for her achievements. Ms. Robinson thanked the Mayor and Commission. D. PUBLIC INPUT Harold Scott, 911 Augusta National Blvd., spoke regarding possible ethical problems. Philip Kulbes, 705 Glasgow Ct., spoke regarding the City transporting emergency and non-emergency patients. Joseph Genova, 715 Adidas Rd., spoke regarding the emergency and non-emergency transportation service. Robert Miller, 679 Silvercreek Dr., spoke in reference to having eight foot sidewalks along State, County and City Roads in Winter Springs and asked the Commission to vote to make an amendment Reeular Meetine City Commission June 9. 1997 96-97-16 Paee 2 to the visioning plan for eight foot sidewalks. Tom O'Connell, 1718 Seneca Blvd., 1st Vice-President of the Tuscawilla Homeowners Association, spoke on behalf of the Association's Board of Director, in opposition of the proposal of widening a portion of Winter Springs Blvd. MaryAnne Fitzpatrick, 218 Chestnut Ridge St., asked about lot grading, the issuance ofC.O.'s and about residents living in a home before a C.O. is issued and why a community's AR.B doesn't sign off on building plans any longer. Jim Mathews, 1824 Seneca Blvd., President of the Chelsea Woods Homeowners Association, and stated that he was representing the Presidents of 21 Homeowners Associations within the Tuscawilla PUD, spoke in opposition of the proposal of the widening a portion of Winter Springs Blvd. Attorney Kruppenbacher stated that Attorney Cacciabeve was present to update the Commission on the litigation with regards to the Tuscawilla Country Club issue. Attorney Cacciabeve updated the Commission as to the status of this issue and stated that he feels that Mr. Mikes' plans to not comply with the 2nd Amendment to the Settlement Agreement. Attorney Cassiabeve also stated that he contacted Mr. Mikes Council regarding getting on Seminole County's Circuit Court Trail Docket and that Mr. Mikes Attorney stated he would not be available in either July or August. Attorney Cacciabeve stated he is trying to get on the docket for September. ID. CONSENT AGENDA Fire Department A Requesting authorization to assign the current contract for Billing Services for the Emergency Medical Transport System to Regional Emergency Services, L.P. PURPOSE: to gain Commission authori.ty to assign the current contract as requested for Billing Services provided by Medical Compliance, Inc., to Regional Emergency Services, L.P., and to request authorization for the City Manager to enter into a service agreement with Regional Emergency Services, L.P. for Billing Services fro the Emergency Medical Transport System for the same terms and agreement. Public Works Department B. Requesting authorization to execute Amendment 55 for Consulting Engineering Services with Conklin, Porter & Holmes Engineers, Inc. PURPOSE: to request authorization for the execution of Amendment 55 for the design of the Panam'a Road Paving and Drainage Improvements with Conklin, Porter & Holmes Engineers, Inc. at a cost of$52,108.00. Utility Department C. Requesting authorization to execute Amendment 9 for consulting Engineering Services with Conklin, Porter & Holmes Engineers, Inc. PURPOSE: to request authorization for the execution of Amendment 9 for the design of the East Lift Station's Force Main Modifications with Conklin, Porter & Holmes Engineers, Inc. at a cost of$28,580.00. Reeular Meetine City Commission June 9. 1997 96-97-16 Paee 3 Public Works Department D. Requesting authorization to enter into a Contractual Agreement for Drainage, Roadway and Water Main Improvements on Moss Road, Hayes Road and Panama Road. PURPOSE: to request authorization to enter into a contractual agreement with Bergeron Land Development, Inc., for drainage, roadway and water main improvements on Moss Road, Hayes Road and Panama Road at a cost of$449,000.00, plus a 10% contingency. Land Development Division E. Requesting Commission approval for authorization to accept ownership, and to record in the Public Records of Seminole County the Special Warranty Deed, of that 1.5 acre parcel located on the south side ofS.R. 434 in that area known as Tuscawilla Tract 15. PURPOSE: to receive Commission approval for authorization to accept ownership, and to record in the Public Records of Seminole County Florida the Special Warranty Deed, of that 1.5 acre parcel located on the south side of S.R. 434 in that area known as Tuscawilla Tract 15. ACTION: Motion was made by Commissioner Gennell to approve the Consent Agenda. Seconded by Commissioner McLeod. Discussion. Vote: Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Conniff: aye; Commissioner Blake: aye. Motion passes. IV. INFORMA TIONAL AGENDA Parks and Recreation Department A. Informing the Commission of the planned July 4, 1997, Fireworks and Trails Walk-A-Thon program. PURPOSE: to provide information to the Commission concerning fund expenditures, fund sources, vendor selection and event programming. Land Development Division B. Presenting to the Commission for informational purposes, an update on the progress of the John Govoruhk Public Safety Complex. PURPOSE: to inform the Commission on the progress of the John Govoruhk Public Safety Complex, and on the status of the funding for the project. r Community Development Department C. Informing the Commission that the Board of County Commissioners has promulgated a study "U.S. 17/92 Corridor Assessment of Needs" (blight study) leading to the establishment of a Community Redevelopment Agency along a certain section of U.S. 17/92. PURPOSE: to inform the Commission that the Board of County Commissioners has promulgated a study "U.S. 17/92 Corridor Assessment of Needs" (blight study) leading to the establishment of a Community Redevelopment agency along a certain section of U.S. 17/92, and that the County is seeking a cooperative working relationship with the several municipalities bordering U.S. 17/92. Public Works Department D. Advising the Commission of the Tree Give-Away Program tor the 1997 Arbor Day Celebration in conjunction with the Tree City USA requirements. PURPOSE: to advise the Commission of our intent to continue to hold a Tree Give-Away in observance of the Arbor Day Celebration based on the success rate of the 1996 Tree Give-Away. Reeular Meetine City Commission June 9. 1997 96-97-16 Paee 4 Public Works Department E. Advising the Commission of the intent to install new City signs at 12 entrances within the City limits. PURPOSE: to advise the Commission of the intent of the Public Works Department to install new City entrance signs that were select~d by the Beautification of Winter Springs Board. General Services Department/Add-On F. Advising the City Commission of the May 22, 1997-intent to protest letter filed by Siemens Business Communications Systems, Inc., relative to the award of the Telephone System contract to Orlando Business Telephone Systems, Inc. (OBTS) on May 19, 1997, by the City Commission. PURPOSE: Advise the City Commission of the concerns raised by Siemens, and to advise that no actions by the Commission are indicated or recommended. ACTION: Discussion on the Public Safety Complex. It was the consensus of the Commission to see what the reasoning is for the delays and to expedite this and if the contractor doesn't expedite this then the City will start the fines. Discussion on the new entrance signs for the City. Attorney Kruppenbacher spoke regarding Item F- Add-On; and stated that it was his opinion that there was no violation on the City's part regarding the Bid process and procedure. Attorney Kruppenbacher also stated that representatives from Siemens were invited to the meeting tonight and said for the record no one is present from Siemens. Mayor Partyka formally asked if there was anyone present from Siemens. No one spoke in representation for Siemens. Motion was made by Commissioner Conniff to accept the Informational Agenda. Seconded by Commissioner Gennell. Discussion. Vote: Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Conniff: aye; Commissioner Blake: aye; Commissioner Langellotti: aye. Motion passes. V. REGULAR AGENDA Community Development Department A. Requests the Commission approve the first reading for adoption of Ordinance No. 645, regulating the siting and construction of Telecommunication Towers within the City. PURPOSE: to request the Commission approve the first reading for adoption of Ordinance No. 645 regulating the location, construction, and impacts of Telecommunications Towers in the City that will protect the health, safety. and welfare of the residents and businesses in the City: Motion was made by Commissioner Langellotti to approve the first reading of Ord. No. 645 and to read by title only. Seconded by Commissioner Conniff. Vote: Commissioner McLeod: aye; Commissioner Conniff: aye; Commissioner Blake: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye. Motion passes. Attorney Kruppenbacher read Ord. 645 by title only. Ms. Elizabeth Gregg, 215 E. Bahama Rd., read for the record a petition signed by all residents of East Bahama Road. Ms. Gregg also asked why five sites; what would the towers look like; why was the proposed site moved from Panama/Shore Roads to Bahama/Shore Roads; and the distance between homes and the towers. Discussion. It was the consensus of the Reeular Meetine City Commission June 9. 1997 96-97-16 Paee 5 Commission to have the City Manager look into the site location in the Ranchlands and bring this back at the next meeting~ Also, Mr. Grimms and Mr. LeBlanc will get with Ms. Gregg and the President of the Ranchlands Homeowners Association regarding the site location. Discussion on the distance between the towers and homes. Mayor Partyka called a recess at 8:05 p.m. Mayor Partyka reconvened the meeting at 8: 15 p.m. Community Development Department B. Request the Commission hold a Public Hearing and Second Reading for adoption of Ordinance No. 661 creating a "Town Center" Overlay Zoning District, and to direct Staff to develop a Comprehensive Plan Amendment and zoning Change that would be in accordance with the development of the Town Center. Also, to direct Staff to prepare a Development Agreement with the Schrimschers (owners ofa portion of the property covered by the Town Center Overlay Zoning District) consistent with Sec. 20-333 of the Town Center Overlay Zoning District. PURPOSE: to request the Commission hold a Public Hearing and second reading for adoption of Ordinance No. 661 creating a "Town Center" Overlay Zoning District that would include the lands outlined in the map attachment titled "Area of Proposed Town Center". Also, request is made for the Commission to direct Staff to (1) prepare a Comprehensive Plan Amendment, and (2) prepare a zoning change that would be in accordance with the development of the Town Center, and (3) to prepare a Development Agreement with the Schrimschers (owners of a portion of the property covered by the Town Center Overlay Zoning District) consistent with Sec. 20-333 of the Town Center Overlay Zoning District: Attorney Kruppenbacher read Ord. 661 by title only on Second Reading. Manager McLemore stated that he has~l:1ad communication with the Schrimschers to discuss this issue of their inclusion in the Town Center. Manager McLemore said they talked in lengths about a developer agreement which would define how the property to the east of Tuskawilla Road would be brought in and dealt with; Manager McLemore said it was basically agreed ( among themselves) that we would take privaledge of the section of the Ordinance that allows for development agreements to come up with an agreement that we were all comfortable with in order to include them in the Town Center. There are some constraints on the property, one being the strict prohibition on Out-Parcels. Manager McLemore said he sees no problem with agreeing that we would take the Schrimscher property out of the equation for about 30 days to allow us to meet and see if we can come up with some language for a development agreement that we would be comfortable with and bring to the Commission for review. Jim Willard, Attorney for the Schrimscher's, spoke in favor of what the Manager has indicated. Mayor Partyka closed the Regular Meeting and opened the Public Hearing and asked if anyone wished to speak on the ordinance. No one wished to speak. Mayor Partyka closed the Public Hearing and reopened the Regular Meeting. Motion was made by Commissioner Conniff to approve the Second Reading of Ord. 661 and not to include any of the Schrimscher property subsequent to the Developer Agreement and also to add "pedestrian access" to 8-a, page 11 as it was left out. Seconded by Commissioner Langellotti. Discussion. Commissioner Conniff called the motion. Mayor Partyka asked for a vote to continue J~I"I Reeular Meetine City Commission June 9. 1997 96-97-16 Paee 6 discussion. Vote to stop discussion: Commissioner Conniff: aye; Commissioner Blake: nay; Commissioner Langellotti: aye; Commissioner Gennell: nay; Commissioner McLeod: nay. Discussion continues. Commissioner Gennell brought up the fact that pedestrian access on page 11, 8-a was left out. The Commission was in agreement that this was left out. Commissioner Conniff amended his motion to include pedestrian access be included; Commissioner McLeod amended his second. Commissioner Gennell also brought up other items she would like changed. It was determined by the Commission that those items were discussed and the Commission didn't agree to change them. Commissioner Blake called the question. Mayor Partyka asked for a vote to stop discussion and call the motion. Vote: Commissioner Blake: aye; Commissioner Langellotti: aye; Commissioner Gennell: nay; Commissioner McLeod: aye; Commissioner Conniff: aye. Motion passes to end discussion and call the motion. Vote on the motion: Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Conniff: aye; Commissioner Blake: aye. Motion passes. General Services Department C. Deleted-see Informational Item F General Services Department D. Requests the Commission amend Omnicom Inc.' s contract to include excess trip expenses of $8,516.69, and $3,380 for additional bid evaluations, (42.25 hours x $80/hr) encountered in State/GSA contract evaluations. PURPOSE: to allow the Commission to amend Omnicom Inc.' s contract. This contract would cover excess trip expenses of $8,516.69 and $3,380 for additional bid evaluations, (42.25 hours x $80/hr) encountered in State/GSA contract evaluations. THIS ITEM POSTPONED UNTIL THE JUNE 23, 1997 MEETING. City Manager E. Requests the Commission establish the voting requirements for the Oak Forest Wall mail ballot. PURPOSE: for the Commission to determine who shall be authorized to vote, and what the Commission shall determine to be a decisive vote relative to the Oak Forest Special Assessment District. Ken Haines, 1115 Aloha Ct., thanked the City Manager and the Commission for their time and effort regarding the Oak Forest Wall and stated that he is in favor of the City Manager's recommendation. It was the consensus of the Commission to have the Mayor present for the ballot counting. Also, it was the consensus of the Commission to add "any challenge of the vote will be within five days from the July 28th vote count. Discussion. Motion was made by Commissioner McLeod to approve Item E, The Commission agreed that Reeular Meetine Citv Commission June 9. 1997 96-97-16 Paee 7 there would be one vote per parcel and that being the parcel owner. Also, the ballot shall be decided by a simple majority vote - 50% +1 (50% +1 of the amount of people who vote); the Commission retains full discretion to decide any challenges to the vote; the Commission decided that the counting; of the vote by the City Manager, Police Chief and City Clerk. The City Clerk shall certify the results to the Commission on July 28,1997, any challenge of the vote will be within five days; the vote is an advisory opinion and there is no minimum vote required - this is a non-binding vote for the Commission. Seconded by Commissioner Conniff. Discussion. Vote: Commissioner Blake: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Conniff: aye. Motion passes. VI. REPORTS A. City Attorney - Frank Kruppenbacher Attorney Kruppenbacher stated the City has received the environmental report regarding the donation of the 69 acres from Mr. Mikes; staff is reviewing that and said he has recommended that the City forward that to Attorney Winders. Attorney Kruppenbacher also stated that he has received a request from Mr. John Ferring to get the Attorney General's opinion regarding the City's Garbage Franchise and Mr. Ferring also raised potential violations of State bidding Statutes. Discussion. Attorney Kruppenbacher stated that it was his opinion that there was no violation and if the Commission wanted he would write to the Attorney General for an opinion. It was the consensus of the Commission to go with the City Attorney's opinion and not get the Attorney General's opinion. B. City Manager - Ronald W. McLemore Manager McLemore stated the City has received the approval of the Beautification Grant for S.R. 434; and stated that he needs an acknowledgment from the Commission on the record, approving this as the City has some in-kind contribution to make and a small amount of money to put up (which is in the budget this year). Motion was made by Commissioner Conniff to approve this and to authorize the Mayor to sign on behalf of the City. Seconded by Commissioner Langellotti. Discussion. Vote: Commissioner Blake: aye; Commissioner Conniff: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Langellotti: aye. Motion passes. Manager McLemore stated that he has decided on a Community Development Director and will announce his selection at the next meeting. Manager McLemore asked for the Commission's direction regarding Commissioner Gennell's travel expenses. It was the consensus of the Commission to allow Commissioner Gennell to go to the Florida League of Cities Annual Convention and that this would be her last trip expenditure for this fiscal year. C. Commission Seat I - Larry Conniff Commissioner Conniff stated that the lot on the corner of Hayes Rd. and S.R. 434 has overgrown weeds. Commissioner Conniff stated that he as dealt with Alan Hill, P.W. Supervisor and stated that he was very professional and commended Kip Lockcuff for his choice. Reeular Meetine Citv Commission June 9. 1997 96-97-16 Paee 8 Commissioner Conniff read a letter from Robert Amato resigning from the Code Enforcement Board and regretfully accepted the resignation. Manager McLemore stated that he will be recommending in the budget that the City take over the maintenance ofS.R. 434. The State would maintain it at a cost of$18,000 but as seen it is not what we want for the type of community we want to be and stated that he has figured it will cost the amount of$18,000 plus $35,000 more to have it at a level we want. D. Commission Seat II - Michael Blake Commissioner Blake mentioned that the ball field at Sunshine Park had weeds growing that were 6 to 10 inches high. Manager McLemore said he would see that it was taken care of Commissioner Blake mentioned a letter from five year old, Matt VanColuen, in which he was asking for fluoride in the City's drinking water. Discussion. E. Commission Seat III - John Langellotti No Report. F. Commission Seat IV - Cindy Gennell Commissioner Gennell thanked the Commission for their support of her various endeavors for the City. Commissioner Gennell mentioned she was appointed (a few months ago) to the Tourist Development Council, there are only seven voting members in the County and only through CALNO, which is how she was appointed. The County levys a 3% tax on l)otel beds, which amounts to a good amount of money and the seven members on the council vote as to how it is used; it is used to promote tourism in the County. To the City of Winter Springs, it is not money that is not coming from our taxpayers at all, we don't have a hotel, not having to do the infrastructure, police protection etc., for a hotel; and said she has been working along the lines of the Tourist Development Council to see what part of those funds could be put to use here in Winter Springs. Commissioner Gennell said she has the Council talking to Wayne Epps about the pool in the City, and stated that she may be able to get the City some of the money. Commissioner Gennell stated that the Pilot Project for the Seminole Trail will have a ground breaking Saturday, June 21, 1997 at 11:00 a.m. next to the Greenway and invited the Mayor and Commission and anyone interested to attend. G. Commission Seat V - David McLeod Commissioner McLeod asked about the study for the pool. Manager McLemore said there will be a report to the Commission at the next meeting. Commissioner McLeod stated that a group who put in to purchased property at the end of Shore Road has approached him with regard to extending Shore Road to S.R. 434 and asked the City Manager to look into that possibility. Discussion. Reeular Meetine Citv Commission June 9. 1997 96-97-16 Paee 9 H. Mayor's Office - Paul P. Partyka Mayor Partyka asked the Commission if they wished to place an ad for $400.00 on the back cover of the Broadway Gymnastics Booklet, which was done last year. Motion was made by Commissioner Conniff to approve the expenditure for the advertisement. Seconded by Commissioner Langellotti. Discussion. Vote: Commissioner Blake: nay; Commissioners Conniff, Langellotti, Gennell and McLeod: aye. Motion passes. The meeting adjourned at 10: 10 p.m. Respectfully Submitted, ~A.h'''' ~, ~L _ L .;A l ~~;;aHOpki~11-/ City Clerk .AP~ROVED: ~ "- ..:", . ~~ . ~ PAU4P.pART ~...;. '<>- ~ ,/ .>.........~ "'" ,::--' ~-