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HomeMy WebLinkAbout1996 11 11 Other Date: 11/11/1996 The following Minutes for Regular Meeting 10281996 were approved during the 11/11/96 Regular City Commission Meeting for this date. REGULAR MEETING . CITY COMMISSION OCTOBER 28, 1996 The Regular Meeting of the City Commission was called to order by Mayor John F. Bush at 7:30p.m. For the invocation Mayor Bush asked for a moment of silent prayer. ROLL CALL: Mayor John F. Bush, present Deputy Mayor John Ferring, pres~nt City Manager Ronald W. McLemore, present City Attorney Frank Kruppenbacher, present COMMISSIONERS: Larry Conniff, absent John Langellotti, present Cindy Gennell, present David McLeod, present Approval of Minutes of October 14, 1996: Mayor Bush asked ifthere were any additions or corrections to the minutes of October 14, 1996. Commissioner Ferring pointed out a spelling error on page five. Commissioner Ferring also asked for a verbatim copy of the minutes from the start of the meeting to the first break. Mayor Bush asked if there were any other additions or corrections to the minutes; there were none. Minutes stand approved as corrected. PUBLIC INPUT Debbie Simmons, 354 Cello Circle, spoke regarding Item B. Ms. Simmons thanked the Commission for considering looking into the problem and asked why the homeowners weren't notified of the error that took place in April 1996. Tom Brown, 717 Adidas Rd., Chairman of the B.O.W.S. Board, relaid to the Commission that the City did an outstanding job this weekend on Arbor Day and thanked the B.O.W.S. Board for their work and said that there were over 500 trees that were given away. CONSENT AGENDA Public 'Vorks Department A. Requesting authorization to enter into a Contract Agreement for landscape Maintenance Services for City properties and rights-of-ways. PURPOSE: to request authorization to enter into a contract agreement with Gator Landscaping Company for Landscape Maintenance Services for City properties and rights-of-way at a cost of$144,490.00. Utility Department B. Requesting authorization to execute Amendment 51 for Consulting Engineering Services with Conklin, Porter & Holmes Engineers, Inc. PURPOSE: to request authorization for the execution of Amendment 51 for a Mt. Greenwood Percolation Pond investigation with Conklin, Porter & Holmes Engineers, Inc. At a cost of $9,475.00. Public Works/Stormwater Utility Division Re1!ular Meetin1! City Commission October 28.1996 96-97-02 Pa1!e 2 C. Requesting authorization to execute Amendment 50 for Consulting Engineering Services with Conklin, Porter & Holmes Engineers, Inc. PURPOSE: to request authorization for the execution of Amendment 50 for a Review of the Stormwater Utility Ordinance and Development of a Mitigation Credit Policy with Conklin, Porter & Holmes Engineers, Inc. at a cost of$13,304.00. Land Management Division D. Requesting Commission approval for.the acceptance of the water, sewer, reclaimed water system, . and improvements to Shore Road for public ownership and maintenance, Seville Chase. PURPOSE: to accept the water, sewer, reclaimed water system, and improvements to Shore Road for public ownership and maintenance. These improvements are located in Seville Chase (that property located to the south of Panama Road, east of Fisher Road, north of Dunmar Circle and west of the Florida Power Corporation Easement). Land Management Division E. Requesting Commission approval for the acceptance of the water and sewer system, the reclaimed water system, the stormwater management system and the roads for public ownership and maintenance, Winding Hollow Unit 3. PURPOSE: to accept the water and sewer system, the reclaimed water system, the stormwater management system and the roads for public ownership and maintenance. These improvements are located in Unit 3 of Winding Hollow subdivision (south of S.R. 434 and midway between City Hall and the .R. 419/S.R. 434 intersection). General Services Department F. Request the Commission make total award of $4885 to Wayne's heating and Air and Lennox Industries. Wayne's Heating and Air for installation in the amount of$l, 100.00; Lennox Industries for equipment in the amount of$3,785.00; a new rooftop alc unit to replace unit #6 on the Police Department side of City Hall. Wayne's is the lowest responsive bidder for installation, and Lennox is the lowest bidder for equipment. PURPOSE: to request award to Wayne's Heating and Air and Lennox Industries the bid to replace unit #6. ACTION: Commissioner Ferring stated he had questions on Items B, C, D and E. Commissioner Ferring asked Mr. Lockcuff, Public WorkslUtility Director, to give a briefing on this item. Mr. Lockcuff gave the Commission a little history of the pond and the problem. Terry Zaudtke, Conklin, Porter & Holmes, spoke on the subject. Mayor Bush asked the City Manager to keep the residents informed on Cello Drive as to the progress. Manager McLemore said we can let them know when we begin. Commissioner Ferring asked about Item C and potential claims. Attorney Kruppenbacher said there have been identified certain issues that would warrant us relooking again, at this whole process. Commissioner Ferring said with regard to Item D, will this cost the City any money. Mr. LeBlanc Re2ular Meetin1! City Commission October 28. 1996 96-97-02 Pa1!e 3 stated no. Commissioner Ferring said with regard to Item E, will this cost the City any money. Mr. LeBlanc stated it will not cost the City any money. Motion was made by Commissioner Langellotti to approve the Consent Agenda. Seconded by Commissioner Gennell. Discussion. Vote: Commissioner Ferring: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. IN FORMA TIONAL AGENDA ,. Land Management Department A. Presents for informational purposes, the conceptual plan for Courside Villas. PURPOSE: To inform the Commission of the proposed plans to develop that property located to the immediate west of Seville on the Green Apartments off Sheoah Boulevard within the Highlands Planned Unit Development (PUD). This property is surrounded on the remaining three (3) sides by the Winter Springs Golf Course. ACTION: Motion was made by Commissioner Langellotti to approve the Informational Agenda. Seconded by Commissioner Gennell. Discussion. Vote: Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner; McLeod: aye; Commissioner Ferring: aye. Motion passes. REGULAR AGENDA Land Management Department A. Requesting Commission approval of the Preliminary Engineering/Final Development Plan for Tuscawilla Tract 15, Parcel 3. Further, the developer has requested, and the Planning and Zoning Board has recommended approval for a reduction in density from five hundred four (504) multi- family units to eighty (80) single family units. PURPOSE: to approve the Preliminary Engineering/Final Development Plan for Tuscawilla Tract 15, Parcel 3. In conjunction with this action, the developer has requested a reduction in density from five hundred four (504) multi-family units to eighty (80) single family units. Approval action will allow the developer to proceed with the next stage of the review process, Final Engineering. The subject property is located to the immediate east of Howell Creek. south of S.R. 434. and north of Howell Creek Reserve subdivision: Mr. LeBlanc gave his presentation. Mr. LeBlanc stated that Mr. Ray Bradick, of Boyer Singleton and Mr. Rob Yeager, owner of the property, and Mr. Mike Jones, Attorney for the owner are present for any questions. Mr. Jones stated that there has not been a formal request for the number of units, just a request for a reduction in density. Mr. Jones said the conservation easement property has been dedicated by the St. John's River Water Management District as a conservation easement for private use only; which means it belongs to the St. John's River Water Management District and we couldn't give it to the City if we wanted to. --..--..... Re1!ular Meetin2 City Commission October 28. 1996 96-97-02 Pa1!e 4 Commissioner McLeod asked about the 100 yr. Flood Plain and if there would be a brick wall along S.R 434. Mr. Bradick stated that the map needed to be amended and that no homes are in the 100 yr. Flood Plain and yes there will be a brick wall along S.R. 434. Commissioner Langellotti asked about accell and decelllanes. Mr. Bradick said the four lane plans for S.R. 434 provide for a full median access and we have said in the event it is not there when we ask for our first C.O., we will have one in place. Commissioner Gennell said she doesn't see anything noted that the St. John's River Water Management District has any jurisdiction. Mr. Bradick said St. John's required that we dedicate that conservation easement to them. Discussion on the conservation easement. Commissioner Gennell said she would like to see a copy of the conservation easement documents. Attorney Kruppenbacher said he feels the Commission can go forward and qualify it~ Attorney Kruppenbacher said he doesn't think the developer is at odds with Commissioner Gennell on this issue, and said he thinks if we can take steps to achieve what Commissioner Gennell has articulated and the Commission doesn't have problems; Mr. Jones and he will work to get it done, if they can't touch the easement because of rights that the Management District accrued, and that is nothing they can change at this point, nor can he (Kruppenbacher) unless St. John's voluntarily change it. Commissioner McLeod said Ord. 489 shows this property being (roughly) 25.2 acres of Tract 15, Parcel 3. Mr. LeBlanc said that is no longer, because of the taking of S.R. 434 widening, before that when the settlement agreement was reached, it was unknown how much property they were going to take. Commissioner McLeod said the Fire Station Tract of 1.5 acres, and said this Tract is to be dedicated to the City of Winter Springs, and asked when will that be dedicated. Mr. LeBlanc said before Final Engineering is complete. Mr. Jones said technically it will be done with the recording of the plat. Discussion. Mr. LeBlanc said the first item on his Sept. 19, 1996 memo said prior to approval of Final Engineering on this project, there shall be a useable 1.5 acre site for the Fire Station, verified by the City; they are in the process of getting the Corps of Engineers jurisdictional line moved and if that happens, then we will have the 1.5 acres but it will have to be verified by the City that it is useable. Commissioner McLeod asked what happens if the 1.5 acres is not useable. Mr. LeBlanc said the developer then would have to come in for discussion at that time, but they seem to be confident that they will have the 1.5 acres. Attorney Kruppenbacher asked that the Mayor call a recess so he can speak with the property owner and Mr. Jones. Mayor Bush called a recess at 8:15 p.m. Mayor Bush reconvened the meeting at 8:25 p.m. Attorney Kruppenbacher stated that should the Commission decide to approve this item, would be to make the findings of fact and approvals that the Staff has recommended, subject to one revision Re1!ular Meetin1! City Commission October 28. 1996 96-97-02 Pa2e 5 and that revision would be that as it relates to Parcel 3 (the parcel that this development is to be located upon); your motion would grant a change in the designation of that property under the Settlement Agreement, from what is currently multi-family to single family and in doing that and approving this project as it relates to Parcel 3, it will become 80 single family units and there will be no other developable property on Parcel 3. Discussion. Motion was made by Commissioner Ferring to approve the Preliminary Engineering/Final Development Plan for Tuscawilla Tract 15, Parcel 3, and to adopt the Staff's findings of fact (that are contained within the memo from Mr. LeBlanc), that the land use for tract 15, Parcel 3 be changed from multi-family to single family to accommodate 80 single family units, that the Commission is taking no position on the reduction of density from 504 to 80 single family units and there will be no other development on Parcel 3. Seconded by Commissioner Langellotti. Discussion. Commissioner Gennell asked for a copy of the conservation agreement and asked if the Commission will have a copy of that agreement before the Final Engineering. Mr. Jones said yes. Vote: Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Ferring: aye; Commissioner Langellotti: aye. Motion passes. Utility Department B. Requesting authorization to increase the contract amount for Well #6 and to execute Supplement #2 to Amendment 32 for Consulting Engineering Services. PURPOSE: to request additional construction funds for the Potable Water Supply Well #6 contract with American Drilling, Inc. And to also authorize the execution of Supplement #2 to Amendment 32 - Construction Administration Services for Well #6 with Conklin. Porter & Holmes Engineers. Inc.: Kip Lockcuff, Public Works/Utility Director, stated that this request has two parts, the first part is to request additional funds over and above the previously authorized amount for the construction of well #6 and the second part is supplement 2 to amendment 32 for additional funds for consulting englOeenng. Commissioner Gennell asked what is the time frame on this project. Mr. Lockcuff stated that the work will start about November 18, 1996 and will by done by the Holidays and will have just clean up and that will be done by mid January 1997. Terry Zaudtke, Conklin, Porter & Holmes Engineers, spoke regarding the request. Mr. David Kincade, of Kincade Environmental Services and the geologist on the project, also spoke on this request. Discussion. Motion was made by Commissioner Ferring to provide the additional construction funds for the potable water supply for well #6, contract with American Drilling Inc. and approval of Supplement #2 to Amendment 32. Seconded by Commissioner Langellotti. Discussion. Vote: Commissioner McLeod: aye; Commissioner Ferring: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye. Motion passes. Re1!ular Meetin!! City Commission October 28. 1996 96-97-02 Pa1!e 6 Utility Department C. Requesting authorization to execute an Interlocal Utility Construction Agreement with Seminole County. PURPOSE: to request authorization to execute an Interlocal Utility Construction Agreement with Seminole County for the installation of water mains, reclaimed water mains, landscaping and irrigation during the construction of Tuskawilla Road Phases III and IV: Motion was made by Commissioner Ferring to approve the authorization to executed an Interlocal Utility Construction Agreement with Seminole County. Seconded by Commissioner Langellotti. Discussion. Vote: Commissioner Ferring: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. I Police Department D. Requesting Commission approval of the First Reading of Ordinance No. 632 which will amend Section 1-15(a), 12-53, 13-2 and 13-4 of the Code of Ordinances, inserting language to provide for more effective enforcement of City Codes. PURPOSE: to authorize the First Reading of Ordinance o. 632 implementing changes to Sections 1-15(a), 12-53, 13-2 and 13-4 City Codes providing for more effective control of abandon vehicles. unkempt lots and littering: Motion was made by Commissioner Langellotti to approve First Reading of Ord. 632 and to read Ord. 632 by title only. Seconded by Commissioner Gennell. Discussion. Manager McLemore mentioned that this item also is requesting the appropriation of $3,000. Vote: Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; lommissioner Ferring: aye. Motion passes. Attorney Kruppenbacher read Ord. 632 by title only. [ommunity Development Department b. Requesting Commission approve the First Reading of Ordinance No. 631. to annex a 9.9 acre parcel located at the intersection of Orange Avenue and Tuskawilla Road. PURPOSE: to request Commission approve the First Reading of Ordinance No. 631 to annex a 9.9 acre parcel in the County enclave located on the north side of the Winter Springs High School property: Mayor Bush stated that this item has been tabled until the November 25, 1996 meeting, by the request of the applicant. Community Development Department \ F. Requesting a First Reading of Ordinance No. 633 placing a six month moratorium on the . construction and/or erection of any outdoor advertising billboard off-premises sign. PURPOSE: to allow the City time to study signage as defined in Section 16-77 Code of Ordinances in order to prevent blight. or the aesthetics of the environment: Motion was made by Commissioner Ferring to approve the First Reading of Ord. 633 and to read by title only. Seconded by Commissioner Gennell. Discussion. Vote: Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Ferring: aye; Commissioner Langellotti: aye. Motion passes. Attorney Kruppenbacher read Ord. 633 by title only. Community Development Department G. Request direction from the Commission relative to the preparation of a Telecommunications Tower Ordinance. PURPOSE: to request the Commission to give Staff direction on how to proceed Re1!ular Meetin1! City Commission October 28. 1996 96-97-02 Pa2:e 7 on the preparation of the draft Telecommunications Ordinance in view ofCALNO's request at its October 2nd meeting that each City Manager anc County Manager assign a Planner to participate in a committee to meet with industry representatives in an effort to minimize tower locations with the County and City: Harold Scott, 911 Augusta National Blvd., spoke regarding this item and agenda changes and also regarding CALNO minutes of October 2, 1996. . Manager McLemore said in a prior 'meeting, he told the Commission he would bring back an Ordinance on towers and that was the Commission's direction, to bring that back within 30 days; with this latest CALNO action (which we were not aware of at that time) he can't do that, so he said he would like the Commission to give him direction as to what the Commission wants him to do: bring forth this ordinance or wait until the CALNO process takes place and then deal with the ordinance. Commissioner Gennell stated that most of the other Cities already have their ordinances in place and whatever ordinance we mayor may not adopt would not have any effect on what CALNO is working on. Commissioner Ferring said he just received the CALNO minutes when he came in tonight and said he has not seen the September CALNO minutes regarding the telecommunication towers. Commissioner Ferring said he also notes that the City Manager was at the last CALNO meeting of 10-2-96, and said this is the first time he has seen this and said he doesn't think that this should be discussed until the Commission has time to look at the minutes of the October 2, 1996 CALNO meeting and also the minutes of the September CALNO meeting. Conunissioner Ferring asked the status of the Ordinance with PrimeCo. Manager McLemore stated that PrimeCo has withdrawn their request at this time. Commissioner Ferring suggested that the Staff and Commission looks very closely at whatever is drawn up as an ordinance and get intergovernmental coordination as was suggested in the CALNO meeting of October 2, 1996, so that we can work to cut down the number of towers that come into our City and County. Plus the fact that anything that does come into our City or County that we do not loose control of and stated that he hopes that will be kept under consideration. Motion was made by Commissioner McLeod to approve Alternative #2 of the Agenda Item packet, to work with the County and Cities through CALNO and through intergovernmental coordination and then have the Staff present that to P & Z Board on Dec. 4, 1996 and back to this Commission on January 13, 1996. Seconded by Commissioner Gennell. Discussion. V ote: Commissioner McLeod: aye; Commissioner Gennell: aye; Commissioner Ferring; aye. Commissioner Langellotti abstained from voting. Motion passes. Commissioner Ferring suggested having a moratorium on towers until the City has all the information that is needed and to get the input from everyone concerned, until Staff puts up an ordinance that this Commission and the P & Z Board agree to, for the best interest of the City and the County. Discussion. The Commissioners were in agreement to have a moratorium. Attorney Kruppenbacher Re2ular Meetin2 City Commission October 28. 1996 96-97-02 Pa2e 8 stated that he will write an Ordinance and bring it up under his seat. Mayor's Office H. Mayor Bush requesting the Commission pass a Resolution supporting the City of Casselberry's regulation of the consumption of alcoholic beverages in After Hours Night Clubs. PURPOSE: to provide agreement and support to the City of Casselberry in their efforts to continue the regulation of alcohol consumption in After Hours Night Clubs: Mayor Bush stated that the reason he is requesting this is that the City of Casselberry has asked us, as a sister City and neighbor that we should support their efforts in restricting the consumption of alcohol at these hours. Commissioner Ferring said he has a problem with this, for this Commission to take a position that we have no knowledge of that is being discussed in the City of Casselberry and take it as a City, said he thinks everybody on an individual basis can express their own concerns. Commissioner Ferring said that his personal preference is that it doesn't happen; as a City, he doesn't have the documentation that has been presented to the City Casselberry and to everybody else for him to make a decision that we should say that we are with the City of Casselberry, we have enough problems in our own City, what are we getting involved with the City of Casselberry for. Manager McLemore said the City of Casselberry has requested this action of other Cities around the County, Seminole County has provided them with a Resolution and other Cities has provided them with Resolutions. Discussion. Motion was made by Commissioner Gennell to approve Item H, to provide encouragement and support to the City of Casselberry in their efforts to continue in the regulation of alcohol consumption in after hours clubs. Seconded by Commissioner McLeod. Discussion. Vote: Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner Ferring: nay; Commissioner McLeod: aye. Motion passes. J. City Manager - Ronald W. McLemore: Manager McLemore said regarding the Cross Seminole County Trail, in a past meeting we discussed the opportunity and importance of potentially having a trail head in Winter Springs, more particularly in this part of the City where we have the Town Center planned. Manager McLemore said there currently is not a proposed trail head in this area in the current plan. Manger McLemore said he would like the affirmation to go ahead and propose to the County that they amend their plan to provide that trail head here in Winter Springs. Manager McLemore said he feels that we need the voice of the Commission rather than the City Manager to say we want their plan amended to provide for this. The Commission was in agreement. Manager McLemore mentioned the Legislative Conference Meeting being held on November 14 and 15, 1996 and mentioned that a member of the Commission should attend. ~=. Reeular Meetin1! City Commission October 28. 1996 96-97-02 Pa1!e 9 1. City Attorney - Frank Kruppenbacher: Attorney Kruppenbacher said that he has written the Ordinance for the moratorium on telecommunication towers. Motion was made by Commissioner Gennell to place on the agenda the First Reading of Ord. 635. Seconded by Commissioner McLeod. Discussion. Vote: Commissioner Ferring: nay; Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion . passes. Attorney Kruppenbacher read Ord. 635 in it's entirety. Motion was made by Commissioner Ferring to adopt Ord. 635 on First Reading. Seconded by Commissioner Gennell. Discussion. Vote: Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Ferring: aye. Motion passes. K. Commission Seat IV - Cindy Gennell: Commissioner Gennell stated the Garage Sale Ordinance needs to be amended to accommodate joint garage sales. Attorney Kruppenbacher stated that he and the City Manager have been working on that and will bring back a revision. Commissioner Gennell stated that she has a memo from Commissioner Conniff that was given to the Commission, that he would like a Commissioner to nominate Tom Brown to the P & Z Board in his absence. Motion was made by Commissioner Gennell to appoint Tom Brown to the P & Z Board. Seconded by Commissioner Langellotti. Discussion. Vote: Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Ferring: aye. Motion passes. L. Commission Seat V - David McLeod: Commissioner McLeod asked about revamping the Codes. Manager McLemore said we could go to the Municipal Code Corporation and they will review the ordinances and make recommendation where they think you need to improve the ordinances, that is one way to go; the other way to go is to build your ordinances as you need to build them, to do an exhausted review of the ordinances is a big project. Commissioner McLeod also asked about the L.D.R.'s and where is the process at. Tom Grimms stated that the L.D.R's have been recommended for approval by the P & Z Board and stated that he is going to be scheduling workshops with the Commission and the P & Z on the L.D.R.' s and Mr. Grimms also mentioned that he is working on a sign ordinance. The projected date for the workshops will be in January 1997. M. Commission Seat I - Larry Conniff a. Appointment to the Planning and Zoning Board Absent. Re1!ularMeetin2: City Co mission October 28. 1996 96-97-02 Pa1!e 10 N. Commission Seat II - John Ferring: Commissioner Ferring stated that a resident that attends the Commission meetings on a regular basis asked him about the newspapers in the lobby and asked the City Manager to look into that and give her an answer. Commissioner Ferring also stated that something disturbing (to him) happened again at the last meeting (after he left) and that was under the Mayor's seat, the Mayor suggested that a letter go out to all the residents of Oak Forest informing them about what is going on in this City and that was circumvented by Commissioner Gennell stating that the City could save money, by giving the letter to the Oak Forest Newsletter and have them print it. Commissioner Ferring said he understands that the City Manager wrote a letter to the Oak Forest Newsletter circumventing the Oak Forest Homeowners Association completely. Commissioner Ferring asked who gave the letter to the Oak Forest Newsletter. Mayor Bush stated that he was the one who gave the letter to the editor of the Newsletter because there was a dead line to have the information in as the Newsletter was going out for printing. O. Commission Seat III - John Langellotti: No Report. P. Mayor's Office - John F. Bush: Mayor Bush said he would like to meet with the City Manager and the Police Chief after the meeting regarding a call he received from a citizen. The meeting adjourned at 9:53 p.m. Respectfully Submitted, APPROVED: Margo M. Hopkins, City Clerk I~