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HomeMy WebLinkAbout1997 02 24 Other Date: 02/24/1997 The following Minutes for Regular Meeting 02101997 were approved during the 02/24/97 Regular City Commission Meeting for this date. REGULAR MEETING CITY COMMISSION FEBRUARY 10, 1997 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 David McLeod, present City Manager Ronald W. McLemore, present City Attorney Frank Kruppenbacher, present COMMISSIONERS: Larry Conniff, present Michael Blake, present John Langellotti, present Cindy Gennell, present Mayor Partyka announced that Attorney Kruppenbacher will report on his findings on Tuscawilla Settlement Agreement after the Public Input portion of the meeting. Approval of the Minutes of January 27. 1997: Motion was made by Commissioner Langellotti to approve the minutes of January 27, 1997. Seconded by Commissioner Gennell. Discussion. VOTE: Commissioner Conniff: aye; Commissioner Blake: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. PUBLIC INPUT Art Hoffinann, 1436 Mt. Laurel Dr" spoke regarding the appointment of the Board of Trustees and stated that the Board of Trustees are all appointed at the same time and suggested that seats 2 and 4 be appointed this time for two years and then after be appointed for three years. Mayor Partyka asked Attorney Kruppenbacher to look into this issue. Peggy Baker, 690 Tuscora Drive, spoke regarding the Tuscawilla Issue and asked the Commission to stop the building until the environmental problems and issues are looked into. Susan Folsom, 1101 Huron Court, spoke regarding the Tuscawilla Issue and asked the Commission to impose an immediate moratorium on all platting, sale, permitting or construction on Country Club Land; and said she is asking for all land formally designated as Country Club lands and/or part of Arrowhead 1,2,3 or 4 to be placed under an immediate moratorium to allow everyone the time they need to come up with a solution. Bob Miller, 679 Silvercreek Drive, stated that he is present representing 29 homeowners. Mr. Miller said since the new subdivision has been started on Shore Road, the traffic has doubled/tripled and asked for four way stop signs at the intersection of Sailfish and Alton Roads. Mr, Miller gave the Clerk a petition (asking for the stop signs). Manager McLemore stated that he has ordered 24 hour surveillance on the traffic counters to catch whoever is disengaging them. As soon as we get the traffic count information, we then can qualifY Re2ular Meetin2 City Commission February 10. 1997 96-97-08 Pa2e 2 the stop signs under -the State Regulations that we have to operate under. Manager McLemore stated he is confident that we will get signs on Shore Road as soon as we complete the counts. Ed Martinez, President of the Tuscawilla Homeowners Association, 802 Leopard Trail, said that all the Presidents of the Homeowners Associations in Tuscawilla are hiring an Attorney for the purposes of reviewing the City's, FCC, and the Homeowner Associations position on the issue of further development within deeded recreational areas in violation of the original plan and design specifications for the Tuscawilla PUD as approved by the City of Winter Springs when adopting the PUD as part of the City. During-a meeting of all the Presidents of the Homeowner Associations within Tuscawilhi, it was determined that they-would establish a legal defense fund, and we are requesting a moratorium of not less than 120 and not more than 180 days during which period oftime there is not to be any movement in any direction by any of the parties, in order to allow Attorneys of their choosing to study the issues from inception and offer a result. Isabel Laub, 1372 Blue Spruce Court, asked the Commission to put a 180 day moratorium on any variances requested by Mr. Mikes. Denise Ward, 1215 Wolverine Trail, asked the Commission to not let the tennis courts be destroyed. Attorney Kruppenbacher gave his report on the concerns of the Commission regarding the Settlement Agreement. Attorney Kruppenbacher said during the last two weeks the City has received letters addressed to Manager McLemore and himself from Mr. Mikes and said he has given them to the Mayor and Commission for their review, one dated 1-30-97,2-6-97, and 2-7-97. Attorney Kruppenbacher said we are preparing what they deem to be an appropriate legal reply addressing the allegations from the letters. Attorney Kruppenbacher said he as been advised as City Attorney that there is a conflict on the part of the Mayor in dealing with this issue and said publicly, after conferring with the Mayor he is aware of absolutely no conflict under State Law that he could render an opinion to tius Commission upon asserting that the Mayor has a conflict at this time. Attorney Kruppenbacher said he has been advised that he is going to be sued, Attorney Lang, Manager McLemore will also be sued and in fact anyone who deals with this issue and renders an opinion that is contrary to the opinions of the property owner. Attorney Kruppenbacher said that golf course cannot be developed, it is in the agreements and stated that he had a title search done. Attorney Kruppenbacher said they had the mortgage company sign the original settlement that said the golf course has to stay golf course, the only way the golf course could get developed is if this Commission, decides in it's discression, to say the golf course can be developed. Attorney Kruppenbacher said he as stated before that he doesn't think the Commission would ever do that and he has said before he doesn't think the Commission could do that given the history of this development, the annexation and the basis. Attorney Kruppenbacher the issue of Parcels 7 & 8, as he told the Commission before, that Mr. Mikes represented to the Commission at the May 8, 1995 meeting, he was going to invest in excess of a million dollars (a million and an halt) at the time he was developing Parcels 7 & 8, in rebuilding (according to Mr. Mikes at the time) 7 tennis courts remarasite the pool, expanding the cafe, etc., Re2ular Meetin2 City Commission February 10. 1997 96-97-08 Pa2e 3 Attorney Kruppenbacher said he wrote into that agreement that his representations formed the basis for the approvals and were incorporated in the agreements. Attorney Kruppenbacher said he is adamant, that Mr. Mikes is bound by those representations; Mr. Mikes has proposed (in his letters) alternatives to that, the latest being a pool and six tennis courts to be build in the parking lot area and to be built by the new course owner. Attorney Kruppenbacher said he will not recommend to the Commission to entertain that because when Manager McLemore and he met with Mr. Mikes, he (Kruppenbacher) raised the issue of assuming the Commission wanted to entertain that thought, he would assume that there would be documents that tied up that property for this development and required that as anything was developed on Parcels 7 & 8, Mr. Mikes had to do that simultaneously. Mr. Mikes stated that he couldn't do that but he would have a $200,000 bond. Attorney Kruppenbacher said that is what Mr. Mikes proposed and neither the City Manager or himself are prepared to recommend that the Commission accept that. Attorney Kruppenbacher said with him tonight is Donna McIntosh, from Stenstrom, McIntosh and Colbert, Wigham & Simmonds, and said that he has told the Commission (before any incline of public involvement, Commission involvement in this) when Manager McLemore called before a P&Z meeting and asked for an interpretation, based upon that interpretation, everything was pulled that night and he (Kruppenbacher) contacted the next day Ms. McIntosh, who she and him have conferred fi'equently on cases, and told her that he maybe a witness against the property owner when it comes to tlus issue and he does not want to get deep into this case, so Ms. McIntosh has been working along with this. Attorney Kruppenbacher said they have spend the better part of the last two weeks analyzing and reading every document that they could find at Staff levels and that were produced to them; Attorney Kruppenbacher said there is the foreclosure lawsuit in Tampa, and has gotten what they could from the court, the Judge has a main part of the file and they are scheduled to go back and study the remainder of the file so they can see what has occurred further in that case. This property is being foreclosed (the golf course property) by GATX, it has been pledged as part of security involving other property that Mr. Mikes owns in Tampa (another golf course) and they are foreclosing on all of it, that case has not been resolved, it is an active open case. Attorney Kruppenbacher said they are comfortable in telling the Commission that the golf course can't get developed. There were portions that date back to an original settlement agreement, and that agreement dates back to Mr. Mikes asserted rights to a condominiums and lodge, etc., at that time he (Kruppenbacher) was asked to defend a case, in which the City Staff (at that time) could not produce for the Judge an official map of the City, so we had to create one and the Judge had to fonnally adopt it and say that will be the map; we settled that by reducing density and limiting it. In addition, Mr. Mikes has asserted for the first time to them, in the last two weeks, that at the July 25, 1995 meeting, he talked about a different plan, and therefore since he didn't talk about the tennis courts and pool, that meant he wasn't going to build them; Attorney Kruppenbacher stated he doesn't agree with that and they could not find the (so called) plan in the City records; there was a paper in the Planner's file that showed a hand drawing oflots; Mr. Mikes has sent to Manager McLemore, the document that he said he reviewed with the Commission and it is a copy of the same piece of paper that was in the Planner's file, but not it has tennis courts and a pool drawn on it. Mr. Mikes has surtaced that for some justification for why he doesn't believe he has to do a pool and tennis courts. Attorney Kruppenbacher said he firmly believes that is wrong. , , , of:; ,,"\:': ~; " "('. i. Ret!:Ular Meeting City Commission February 10. 1997 96-97-08 Page 4 Attorney Kruppenbacher said he cautions the Commission and Mayor, outside of the Mayor and Commission sitting at this dias, and said he hopes the public understands this, the Mayor and Commission are not to talk about their opinions or thoughts about Mr. Mikes or this project~ because Mr. Mikes is attempting to create claims. Attorney Kruppenbacher said he does not want any of the Commission or Mayor to be individually attacked or the City~ and the same goes for the Planning and Zoning Board, because Mr. Mikes will attempt to do that. Attorney Donna McIntosh, said she has had an opportunity over the past week to two weeks to review in depth the documents that have been discussed this evening with an eye towards the applications that are currently on file with the City and that is for Units 3 and 4 of Arrowhead and said she has focused her direction on those issues. Attorney McIntosh said Unit 3, known as Parcel 7 is generally located to the east of the existing Country Club, as was said they are currently having sUlveys done to be specifically identified, so they will be able to pin point the exact location of Parcels 7 & 8, Unit 4, Parcel 8, generally located to the south, behind the Country Club - generally. Attorney McIntosh said Parcel 7 know as Arrowhead Unit 3, Parcel 8 know as Arrowhead Unit 4. Attorney McIntosh said Parcels 7 & 8 tenns are derived from an agreement that the City entered into in 1993, wherein eight parcels were identified, and they were identified as the development properties and those were the maximum amount of properties that were going to be allowed to be developed~ ,all ofthis being very conceptual. Attorney McIntosh said in that same agreement, the City identified the maximum densities that would be allowed to be developed on the development properties, and that was 69 single family residential units, Since that time the City has amended that agreement two times, and the first agreement has been repealed and has been replaced by a second agreement and basically from a conceptual standpoint, all the second agreement did was limited or increased up to a certain density the ability of the developer to transfer densities from other parcels to Parcels 7 & 8. Attorney McIntosh said looking at the two agreements, you'll see densities, maximum densities established in the settlement agreement and you'll see an increase in the maximum density in the second amendment to the settlement agreement, but that is simply the ability of the developer conceptually, to transfer the densities, so that at no point in time did this City agree that more than 69 single family residential units could be developed on the development properties. Attorney McIntosh said it is her understanding that to date, Mr. Mikes has platted Parcels 1 through 6, conceptual parcels 1 through 6, from the settlement for 19 single family residential units~ that would, to date leave Mr, Mikes with the ability from a conceptual standpoint to have 50 more single family residential units permitted by the City, that would be the maximum. The agreement very clearly says "Up To" it does not grant Mr. Mikes the right the maximum, it says "Not More Than". Attorney McIntosh said there are several things the Commission are going to do as these plans are brought forward to them, the Commission will be looking at to decide how many units Mr. Mikes would have a right to, when he brings forward the conceptual plans. The first thing the Commission will be doing is to protect the golf course property, she stated she agrees with Attorney Kruppenbacher that the settlement agreement protects the golf course properties, it very clearly that to the extent the conceptual plans that are attached to the agreement encroach on the golf course properties, Mr. Mikes would have to evidence that those improvements have been moved and Re2ular Meetin2 City Commission February 10. 1997 96-97-08 Pa2e 5 {.l ':..; ~~ :j. . .:~.. replaced, so that what was started with is what is ended up with. Attorney McIntosh said that is completely within the Commission's power to protect the golf course properties. Attorney McIntosh said the second issue is the representation of the developer, that Mr. Mikes made to the City Commission on May 8, 1995, she said she has gone through the verbatims of those minutes and obviously Mr. Mikes has committed that the tennis courts would be removed and constructed, and if they were initially were the soft courts, then when the new on~s are constructed - they need to be soft courts. Mr. Mikes has committed to remove and reconstruct with new modern lighting on the courts that will direct lights down onto the courts and will not spill over into residents; the pool commitments were: new deck, remarsited, new equipment so that the pool that is ended up with would be just like a new pool; those are Mr. Mikes words, those are the commitments; the cafe torn down and replaced with a larger cafe, so that when you walk out of the cafe you would then be on the pool deck; walls, entrances, gate house, walls around it comparable to Lake Colony Estates in Maitland, all of those commitments must be in place prior to or simultaneously with the development of Parcels 7 & 8. Attorney McIntosh said what ends up on Parcels 7 & 8, will be determined by Mr. Mikes commitments to the City, we know it won't be more than the maximum density that has already been contractually agreed to and it be less ifMr, Mikes cannot keep the golf course properties the same, if Mr. Mikes cannot meet these commitments, if Mr. Mikes cannot meet the requirements of the City's Land Development Code, etc. ',j :.i \) .;j ij , :~ '1 .' Attorney McIntosh said after reviewing the applications currently on file, it is her legal recommendation that the densities as presented are not consistent with the settlement agreement and the amendments - they are in excess of what Mr. Mikes would be allowed to have, Mr. Mikes has not addressed the changes to the golf course, which are apparent by the proposed applications. Additionally, Mr. Mikes has not addressed in any fashion the commitments that were made to the Commission on May 8, 1995. (All of those need to be addressed) Attorney McIntosh said she recommends that the surveys are gotten so that we know were we are on the actual land that is involved and also that the City requires Mr. Mikes present to the City the time frame for development wherein all of the remaining properties are identified in a time frame; so that Mr. Mikes is not able to come in and "nit pick" get a little piece approved, another piece approved, etc., and before you know it you don't have what you have contracted for; you don't want that to happen, so you need to have all the remaining properties identified and addressed at one time with a time frame so you know where you are. Discussion. There was question on building the amenities and then just leaving them sit there. Attorney McIntosh said the first settlement agreement, in which the terms were all incorporated in the amendment says that the golf property shall be used for the purposes of the operation of, the tennis courts are mentioned, the tennis club, club house, restaurant, golf and tennis teaching and training facilities, school and/or academy. There was question if Mr. Mikes has been cited for Code violations for the pool and anything else. Manager McLemore said the City has completed a Code check and there are a number of violations that have been noted, some which were told had to be done immediately, some have been done today; most of the violations are of a nuisance type violations, there is no buildings in danger of collapse, Reeular Meetine City Commission February 10. 1997 96-97-08 Paee 6 but there are a number of things such as the fences being down, water in the pool and there were some exposed electrical problems. There are a number of things in the check list of things that Mr. Mikes has to complete, some that need to be done today in order to remedy those things immediately. Attorney Kruppenbacher said the reason this Commission, at the last meeting, asked the City Manager to have the Staff go inspect the property for Code violations, was not for retribution, was not to penalize, it was because citizens came forward with documented evidence of issues that raised serious concerns from rotting boards, to structural support beams, to plumbing issues, to an empty pool, etc., and the Commission based their request for the Manager to have his Staff do their job because the Commission felt they had been put on notice from the public of conditions that may be a public safety or health hazard. The Commission said yes that is why they directed the Manager to do that. Manager McLemore said he has a copy of the Code report that he will give to the Commission tonight. Commissioner Gennell stated that that wasn't the first time that citizens had come in addressing Code problems at that location and the Commission acted similarly, Commissioner McLeod asked about the pool being relocated. Attorney McIntosh said in Mr. Mikes oral representation at the May 8, 1995 meeting, those representations is that the pool would remain where it is currently located. Attorney McIntosh said in concluding, her legal recommendations at this point is to send the two applications to the Planning and Zoning Board with their legal opinion, their interpretation of the settlement agreement and the amendments thereto, with the request that that Board does not look at it until we have the surveys done and that we require a time frame for the complete development from the developer; not to mention that we want, in a minimum, for the developer to address the golf course properties, so that there are no encroachments on the golf course properties and if they are, how is Mr. Mikes going to address them and the commitments that were talked about and also the density (which exceeds the settlement agreement). Attorney Kruppenbacher added that the proposed developments would have no negative engineering impact on the abutting golf property. Mayor Partyka asked as of now, based on everything that has happened, is the settlement agreement null and void since the developer met his part of the bargain. Attorney McIntosh stated that she has not looked at the issue of a breech of the original settlement agreement. Attorney Kruppenbacher said he thinks the Mayor is saying that Mr. Mikes came in May 1995 and July 1995 to ,obtain amendment number two on Parcels 7 & 8, and at that time Mr. Mikes made a number of representations; the Commission based upon those representations entered into the agreement, Mr. Mikes has not performed any of those representations as of this date; does that rise to a breech of the amended agreement since Mr. Mikes hasn't done anything (amendment number two) as of this date. Attorney McIntosh said she has not had an opportunity to look at that, and said she doesn't know if that would be a beneficial position at this point in time for the City to take. Re2:ular Meetin2: City Commission February 10. 1997 96-97-08 Pa2:e 7 Discussion. Mayor Partyka called a recess at 7:40 p.m. Mayor Partyka reconvened the meeting at 7:53 p.m. CONSENT AGENDA Parks and Recreation A. Request the Commission waive the $4,000.00 threshold for repair of tennis courts at Sunshine Park located at 400 N. Edgemon Avenue allowing contract for such work with advantage Courts of Fern Park, FL at a cost of$4,450.00. PURPOSE: to proceed immediately recognizing costs would not change appreciably after bids were asked and the bid process would delay the service Parks and Recreation B. Request the Commission to direct the City Manager to create an Ad Hoc Task Force to study the need or community desire for a public swimming service in the City. PURPOSE: to create a mechanism from which such community attitude can be measured and from which some form of preliminary direction can be established. Motion was made by Commissioner ConnitT to approve the Consent Agenda. Seconded by Commissioner Blake. Discussion. VOTE: Commissioner Blake: aye; Commissioner Langellotti: aye; Commissioner ConnitT: aye; Commissioner Gennell: aye; Commissioner McLeod: absent from vote. Motion passes. INFORMATIONAL AGENDA Community Development Department A. Advising the Commission to the City's intent to seek request for proposals (RFP) from consultants to conduct an Evaluation and Appraisal Report (EAR) of the City's Comprehensive Plan. General Services Department ADD-ON B. Requests that the Commission be informed that the City is going out for bid February 10, 1997 for the Public Safety Complex structured Cabling System, bid No. 97-008 and Telecommunications System, bid No. 97-007, and that the bids will be opened March 14, 1997. Motion was made by Commissioner Blake to approve the Informational Agenda. Seconded by Commissioner ConnitT. Discussion. VOTE: Commissioner Langellotti: aye; Commissioner McLeod: aye; Commissioner Gennell: aye; Commissioner ConnitT: aye; Commissioner Blake: aye. Motion passes. REGULAR AGENDA Land Development Division A. Requesting Commission approval of the Second Reading and Adoption of Ordinance No. 638 which will delete Ord. No. 589, and amend Chapter 9, Land Development. Articles VII. Impact Fees, Division 2. Transportation Facilities. Section 9-386.7, 9-386,8, 9-386.16 .and Appendix "B". PURPOSE: to correct errors associated with Ord. No, 589. This action will nullify Ord. No. 589 and Reeular Meetine City Commission Februarv 10. 1997 96-97-08 Paee 8 properly amend Sections 9-386.7,9-836.8,9-386.16 and Appendix "B" of the Transportation Impact Fee portion of the Code of Ordinances: Motion was made by Commissioner Conniff to read Ord. 638 for Second Reading by title only. Seconded by Commissioner Blake. Discussion. VOTE: Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Conniff: aye; Commissioner Blake: aye; Commissioner Langellotti: aye. Motion passes. Attorney Kruppenbacher read Ord. 638 by title only. Mayor Partyka closed the Regular Meeting and opened the Public Hearing. Mayor Partyka asked if there was anyone present who wished to speak for or against the Ordinance. No one spoke for or against the Ordinance. Mayor Partyka closed the Public Hearing and reconvened the Regular Meeting. ~. on was made by Commissioner Blake to adopt Ordinance 638. Seconded by missioner ConnitT. Discussion. VOTE: Commissioner McLeod: aye; Commissioner itT: aye; Commissioner Blake: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye. Motion passes. Community Development Department B. Request the City Commission to approve the first reading for adoption of an Ordinance to change the future land use designation of a 9.9 acre "Button" parcel located at the intersection of Orange Avenue and Tuskawilla Road. PURPOSE: to request the Commission to approve the first reading of Ordinance No. 647 to change the future land use designation from County "Suburban Estate Residential" to City "Lower Density Residential" of a recently annexed 9.9 acre parcel located on the \north side of the Winter Springs High School property at the southwest comer of the intersection of Orange Avenue and Tuskawilla Road: Motion was made by Commissioner Langellotti to read Ord, 647 on first reading by title only. Seconded by Commissioner McLeod. Discussion. VOTE: Commissioner ConnitT: aye; Commissioner Blake: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. Attorney Kruppenbacher read Ord. 647 by title only. Community Development Department C. Request the Commission approve the first reading for adoption of an Ordinance to change the zoning designation of a 9.9 acre "Button" parcel located at the intersection of Orange Avenue and Tuskawilla Road. PURPOSE: to request the Commission to approve the first reading of Ordinance No. 648 to change the zoning designation from County A-I "Agriculture" (IDU/ Acre) to City R-IA "One-Family Dwelling District" (8,000 sq.ft. minimum lot size) of a recently annexed 9.9 acre parcel located on the north side of the Winter Springs High School property at the southwest comer of the intersection of Orange Avenue and Tuskawilla Road: Motion was made by Commissioner Gennell to read Ordinance 648 on first reading by title only, Seconded by Commissioner ConnitT. Discussion. VOTE: Commissioner Blake: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Conniff: aye. Motion passes, Attorney Kruppenbacher read Ordinance 648 by title Resmlar Meetil,,! City Commission Februarv 10. 1997 96-97-08 Pa2e 9 only. Land Development Division D. Request the Commission approval of the Final Engineering for St. Johns Landing (formerly known as Lake Jesup Property), PURPOSE: to approve the Final Engineering for St. Johns Landing, a proposed thirty-one (31) lot, private subdivision. The property is located at the northeast terminus of Tuskawilla Road: Commissioner Blake asked if Tuskawilla Road going to be paved concurrently with this project. Donald LeBlanc, Land Management Specialist, said yes, that was addressed and in the Staffs recommendation, if the Commission decides to approve this item, there are three caveats, one is for the developer to maintain Tuskawilla Road because it will not be paved until the final part of the development of the property. Discussion. Motion was made by Commissioner Langellotti to approve the Final Engineering for St. Johns Landing with the three caveats, based upon the recommendations provided to the Commission in writing by StatT and the content thereof. Seconded Commissioner ConnitT. Discussion. VOTE: Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Conniff: aye; Commissioner Blake: aye. Motion passes. City Clerk's Office E. Request the Commission to establish procedures on appointment/reappointment of Board Members, PURPOSE: to solicit Commission direction relative to establishing procedures on the appointment/reappointment of Board Members: Art Hoffmann, 1436 Mt. Laurel Drive, spoke regarding this item. Motion was made by Commissioner Blake that the City Clerk will notify the Commissioner who has an appointment for their seat two months prior to the expiration of the term and the City Clerk will notify the Board member of their appointment/reappointment and/or non- reappointment. Seconded by Commissioner Conniff. Discussion. VOTE: Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Langellotti: aye; Commissioner Conniff: aye; Commissioner Blake: aye. Motion passes. City Manager F.l City Manager requesting the City Conmussion to consider approval of solid waste collection, residential, and commercial rates and related amendments to the Solid Waste Franchise Agreement with Browning Fenis Industries and residential customer rates, effective March 1, 1997. PURPOSE: to have the Commission approve residential and commercial rates and contract terms and conditions with Browning Ferris Industries to provide solid waste collection services for the City due to the impending expiration of the current Franchise Agreement, and to establish customer rates for residential services, effective March 1, 1997. P.2 'City Manager recommending first reading of Ordinance No. 649 amending the City's current '1J~ Ree:ular Meetine: City Commission February 10. 1997 96-97-08 Pae:e 10 Solid Waste Franchise Agreement, Ordinance No. 537. This item will implement the provision ofF. 1, Page 2. F,3 City Manager recommending first reading of Resolution No. 812 amending the City's current Solid Waste Rate, Resolution No. 721. This item will implement the provision ofF. I. page 2. Mayor Partyka mentioned a typographical error on page 1 under considerations, the termination date is 1997 not 1996. Manager McLemore gave his presentation. Manager McLemore said Item F.l says to the Commission that they need to advise him if the Commission wants to do that and if so under which rate table would the Commission like, the 5 year, 7 year or 9 year. Manager McLemore said Item F.2 provides for the Ordinance amendment, which provides for the new franchise agreement, the Commission needs to adopt the franchise by ordinance, in order to complete this the Commission needs to take one item at a time, F.3 is the rate Resolution which will embody the rate that the Commission selects, if the Commission selects one. Manager McLemore said there are there ways to approach contract selections: 1) you can go out for bid; 2) you can negotiate based upon a rate analysis; 3) you can sit down and talk over a rate. One and two are acceptable methods and the third is not acceptable. Manager McLemore said this Commission has directed him to determine through renegotiations if we can come up with a contract which is favorable to the City. We have been working on this for several months and in doing that, we did engage a professional rate consultant, who has over 30 years experience in this business, who has done that analysis (which the Commission has the report) and has mailed (in his terms) back to us what he thinks the appropriate rate is. That rate analysis does presumably what a bid does, that it gets it down to cost plus some reasonable profit, in order for the contractor to be able to reliably provide the City with a service. Manager McLemore reviewed the information contained in the agenda item packet with the Commission. Manager McLemore provide the Commissioners with additional information. Manager McLemore stated that he received a FAX today from B.F.I., stating that in the favor of nations clause they desired some additional language adding"... material terms and conditions (of the new contract) are substantially similar to those of Winter Springs" Manager McLemore said we have no objection to that clause. Manager McLemore stated additionally B.F.I. has made if known to the City that it is their preference to deal with the 5 year, or short term contract. Discussion. Motion was made by Commissioner Blake to accept the nine year schedule which will benefit our residents greatly and accrue almost 1.2 million dollars, potentially, that we can utilize to off-set other revenues to our residents; and the schedule is the schedule with the flat level $10,000 annual performance bonus, subject to the other changes that we discussed earlier. MOTION DIES FOR LACK OF A SECOND. Discussion. Re2ular Meetin2 City Commission Februarv 10. 1997 96-97-08 Pa2e 11 Motion was made by Commissioner McLeod to go with the nine year program, holding the cost to the customers at the same rates, other than the pass through if that should happen and to have the graduated incentive per forma bonus based on the figures on the chart, table C. Seconded by Commissioner Conniff. Discussion, VOTE: Commissioner Conniff: aye; commissioner Blake: aye; Commissioner Langellotti: nay; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. Discussion. Mayor Partyka read a letter from former Commissioner Cindy Kaehler regarding the solid waste contract. F.2 Motion was made by Commissioner Conniff to read Ord. 649 by title only on first reading. Seconded by Commissioner Blake. Discussion. Commissioner Conniff: aye; Commissioner Blake: aye; Commissioner Langellotti: aye; commissioner Gennell: aye; Commissioner McLeod: aye. Attorney Kruppenbacher asked to revote the motion, with the understanding that we are reading Ord. 649, with the nine year option to exhibit A, and with revisions: 1) on page 8 - 5, under performance bonus, and said the Commission should include the language "to the extent pennitted by law" to the beginning of that paragraph and finish that paragraph by saying "..and the City". 2) the deletion on page A-6, paragraph 9, the phrase following the comma; so it would end with "..written consent of the City Commission". Commissioner Conniff amended his motion to include the City Attorney's recommendations; Commissioner Blake amended his Second to include the City Attorney's recommendations. REVOTE: Commissioner Conniff: aye; Commissioner Blake: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. Attorney Kruppenbacher read Ordinance 649 by title only. Mayor Partyka asked the City Attorney if an item is on the agenda, where it is not a first or second reading, if there is public input on something like this issue. Attorney Kruppenbacher said he will report back at the next meeting when he thinks there is need for public input or not. Harold Scott, 911 Augusta National Boulevard, spoke on this item and state that the Commission should take into consideration that the savings should go to the consumer and not into the General Fund. F.3 Attorney Kruppenbacher explained to the Commission that Resolution 812 is only effective if the Commission passes Ordinance 649. Motion was made by Commissioner Blake to approve Resolution 812 and to read by title only. Seconded by Commissioner McLeod, Discussion, VOTE: Commissioner Blake: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Reeular Meetine City Commission Februarv 10. 1997 96-97-08 Paee 12 Commissioner Conniff: aye. Motion passes. Attorney Kruppenbacher read Resolution 812 by title only and stated that this would change the rates to coincide with the nine year agreement and would only be effective upon the passage and adoption of Ordinance 649. G. City Attorney - Frank Kruppenbacher: Attorney Kruppenbacher said he has direction from the Commission to get with the Mayor and City Manager to come back at the next meeting with an outline procedure of when the Commission takes input or when the Commission doesn't take input. Commissioner Gennell asked the Attorney for definition of "calling the question". H. City Manager - Ronald W. McLemore: Manager McLemore stated that AI Krump, representative from B.F.I. would like to speak to the Commission. AI Krump stated he appreciates the Commission's confidence in B.F.I.'s ability to perform and said he will be back with this company's reply regarding the nine year contract. Manager McLemore said the Commission had agreed by Resolution to dedicate the Public Safety Building as the John Govoruhk Building and stated the City has to order a plaque for the building and asked the Commission what names they wanted on the plaque: the Commission who authorized it or the current Commission. Discussion. It was the consensus of the Commission to have both the pervious Commission and the current and to avoid redundancy just add the names of the former Mayor and Commissioner and to add their names at the bottom. Manager McLemore mentioned that the Commission needs to hold a workshop regarding the 434 Visioning. Commissioner Blake reminded the Manger that a workshop also needs to be held regarding the telecommunication tower ordinance. Discussion, It was the consensus of the Commission that they will hold a workshop on Monday, February 17, 1997, at 6:30 p.m. on Telecommunication Towers and the Commission will set a date for the 434 Visioning at the workshop of the workshop of the 17th. Manager McLemore stated that he will bring to the Commission at the first meeting in March the Assessment Issue for Tuscawilla, and said this doesn't include Oak Forest side. Manager McLemore mentioned that he has a request to do a street light study and Florida Power has asked the City to prioritize the areas for the highest needs first and that the Power Company has said it would take about six months to a year to do the whole City. Manager McLemore said that he has given the Commission the repOlt on the Mikes issue regarding Code Enforcement. Manager McLemore said the Fire Union issues have been resolved and that will be an item for the f: /. 'j Re2ular Meetin2 City Commission Februarv 10. 1997 96-97-08 Pa2e 13 next agenda. I. Commission Seat IV - Cindy Gennell: Commissioner Gennell said on the B.F.I. contract, based on the five years, there is $182,000 (rough calculation) in franchise fees and over nine years it will be considerably more; in light of what is happening with the Florida Legislature this year, the Governor, last year tried to get through a franchise fee on telecommunications, and it was voted down, so the Governor appointed a telecommunications task force and they have come back to the Legislature and introducing a bill will recommend (if passes) the State will take all franchise fees, the State will collect all the fees and then by some formula, they will give them back to the Cities as they see fit. Commissioner Gennell said the League of Cities is asking for strong support in opposition to this and encourages the Commission to watch for this and cooperate with resisting this if the Commission wants to see any franchise fees in the future. J. Commissioner Seat V - David McLeod: Commissioner McLeod gave his report regarding his meetings with the Oak Forest Committee on the wall and his meetings with the County. Manager McLemore said with talking to Commissioner Morris, Commissioner Morris suggested that the City move quickly because the County is moving quickly on which community was going to be the first funded community for the Trail Head. Manager McLemore said he suggested in his discussion with Commissioner Morris that he would bring to the Commission the idea and recommendation that the City would hire, for a preliminary level study the Company that works for the County which is Michael & Michael to do a preliminary review for the City very quickly to see what the City's options are relative to location of the Trail Head. Manager McLemore said he thinks he can accomplish this preliminary review within the money the Commission has budgeted; and said he is meeting with them tomorrow and will report to the Commission if it will be over the budgeted amount. K. Commission Seat I - Larry Conniff: Commissioner Conniff thanked Commissioner McLeod for his efforts n the Commission's behalf with regards to Oak Forest. Commissioner Conniff read a letter for Jackie Gessler, member of the Commerce & Industry Development Board, stating her resignation from the Board for health reasons. L Commission Seat II - Michael Blake: Commissioner Blake asked the Commission to revisit Resolution 740. Discussion. Manager McLemore stated this will be on the next agenda. Commissioner Blake stated he received a letter from a Homeowners Association in Tuscawilla, requesting the Commission approve an addendum to the City Ordinance allowing or permitting their Homeowners Association to place small signs, at designated locations, for the purpose of advertising Ree:ular Meetine: City Commission February 10. 1997 96-97-08 Pae:e 14 '.:/~~1 l~~j ";%'f;, '(<"-I ~ '~,1 "" .. . ~". the date, time and place of their general membership meetings. Commissioner Blake also mentioned that he sees a variety of other signs in the City that he feels are illegal signs and asked what is being done regarding that. Attorney Kruppenbacher said he will look into the issue of the request from the Homeowners Association. M. Commission Seat III - John Langellotti: Commissioner Langellotti asked the City Manager to look into why the street sweeper in not being used. N. Mayor's Office - Paul P. Partyka: Mayor Partyka thanked the Commission for handling two long and difficult issues in one meeting. Mayor Partyka mentioned that the first Breakfast with the Mayor will be held on March 8, 1997 at 9:00 a.m. at a location to be announced. The meeting adjourned at 10:25 p.m, Respectfully Submitted: ~~~~ City Clerk -