Loading...
HomeMy WebLinkAbout1997 08 11 Other Date: 08/11/1997 The following Minutes for Regular Meeting 07281997 were approved during the 08/11/97 Regular City Commission Meeting for this date. REGULAR MEETING CITY COMMISSION JULY 28, 1997 The Regular Meeting of the City Commission was called to order by Deputy Mayor David McLeod at 6:40 p.m. ROLL CALL: Mayor Paul P. Partyka, absent Deputy Mayor David McLeod, present City Manager Ronald W. McLemore, present City Attorney Frank Kruppenbacher, present COMMISSIONERS: Larry Conniff, absent Michael Blake, present John Langellotti, present Cindy Gennell, present Deputy Mayor McLeod mentioned agenda changes; Add-On Item A Informational; Add-On Items M, Nand 0, Regular Agenda. Approval of Minutes ofJuly 14. 1997: Motion was made by Commissioner Blake to table the approval of the minutes of July 14, 1997. Seconded by Commissioner Langellotti. Discussion. Vote: Commissioner Blake: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye. Motion passes. Attorney Kruppenbacher introduced Attorney Bruce Blackwell, of King, Blackwell & Downs, recommending that the Commission hire Attorney Blackwell to represent the City in the lawsuit with Florida Country Clubs, Inc. Attorney Kruppenbacher stated that the City's insurance company, Florida League of Cities will represent the City but there are two issue that they will not cover. Discussion. Motion was made by Commissioner Langellotti to place the hiring of the law firm on the agenda. Seconded by Commissioner Blake. Discussion. Vote: Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner Blake: aye. Motion passes. Discussion on the cost of hiring Attorney Blackwell. Deputy Mayor McLeod called a recess at 6:55 p.m. so the Attorneys could confer. Deputy Mayor McLeod reconvened the meeting at 7:00 p.m. and stated that the Attorneys are still in conference and will come back to the issue. PUBLIC INPUT RolfUtegaard, 797 Austin Ct., read a letter from Edwin Mihm, Receiver of the Tuscawilla Country Club into the record. Susan Folsum, 1101 Huron Ct., member of the Tuscawilla country Club Task Force, spoke regarding a home (nearing completion) at Northernway and about any liability because the home is on the golf course. Rob Miller, 938 Willow run Ln., President of the Winter Springs Little League, spoke regarding Regular Agenda Item "I". Reeular Meetine City Commission Julv 28. 1997 96-97-19 Paee 2 Doug Atkins, 678 Cheoy Lee Cr., member of the Oak Forest Homeowners Association and City Liaison, thanked the Commission and recognized Deputy Mayor McLeod and Manager McLemore for their work regarding the wall. Deputy Mayor McLeod recognized Russ Robins who was influential in the wall project. .Discussion on the hiring of the law firm of King, Blackwell & Downs. Attorney Kruppenbacher stated that the City is in need of additional council as Florida League of Cities will not represent the City in two items, the Seminole County declaratory judgement action and the counter claim filed in Hillsborough County. Manager McLemore stated that he will report to the Commission when Attorney Blackwell's cost is up to $25,000. Discussion. Motion was made by Commissioner Blake to hire the law firm of King, Blackwell & Downs, and set a cap of $25,000; if the cost goes over that amount then this will come back before the Commission for approval. Seconded by Commissioner Langellotti. Discussion. Commissioner Gennell: nay; Commissioner Blake: aye; Commissioner Langellotti: aye. Motion does not pass. Discussion on the motion. Motion was made by Commissionel' Blake to approve the City retaining the law firm of King, Blackwell & Downs and to report back to the Commission as soon as possible as to the status of the suit; and the Commission will get a report when the cost is at $25,000 and this motion supplants the previous motion. Seconded by Commissioner Gennelt. Discussion. The Commission will get monthly reports as to the legal fees the City is paying. Vote: Commissioner Blake: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye. Motion passes. CONSENT AGENDA Fire Department A. Requests the Commission authorization to sign a Hurricane Disaster Agreement with Florida Public Utilities CompanylFlo-Gas Corporation. PURPOSE: to gain Commission authorization for the City Manager to enter into an agreement with Florida Public Utilities Company/Flo-Gas Corporation for housing of Gas Company personnel at Fire Station No. 24 during a hurricane disaster affecting Seminole County. Parks and Recreation Department B. Requesting the City Commission accept the low bid of$50,000 from Citrus General Contractors, Inc. for construction of new restroom facilities at Trotwood park and authorize the City Manager to enter into contract for said services. PURPOSE: to request that the City Commission accept the low bid and authorize contact for the work to proceed for restroom facilities at Trotwood Park. Reiwlar Meeting City Commission Julv 28. 1997 96-97-19 Page 3 General Services Department C. Requests that the City Commission continue the property/casualty insurance with the Florida League of Cities for Fiscal Year 1997/98 at the current rate that will include a $5,000 increase for the new Public Safety Complex. PURPOSE: to allow the City Commission to extend the property/casualty insurance to the Florida League of Cities for Fiscal Year 1997/98. ACTION: Motion was made by Commissioner Langellotti to approve the Consent Agenda. Seconded by Commissioner Gennell. Discussion. Vote: Commissioner Gennell: aye; Commissioner Blal{e: aye; Commissioner Langellotti: aye. Motion passes. INFORMA TIONAL AGENDA Finance Department - ADD-ON A. Request the Commission approve the Revised Budget Calendar for Fiscal Year 1997-1998. PURPOSE: to request Commission approval of the Revised Budget Calendar for Fiscal Year 1997- 1998. ACTION: Motion was made by Commissioner Langellotti to accept the Informational Agenda. Seconded by Commissioner Blake. Discussion. Vote: Commissioner Blake: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye. Motion passes. REGULAR AGENDA Deputy Mayor McLeod stated the Commission will hear Regular Agenda Item "0" first. City Manager - ADD-ON O. Advising the Commission of the results of the Oak Forest Wall Mail Ballot and requesting direction relative to the status of the project. PURPOSE: to transmit the City Clerk's tabulation of votes of the Oak Forest Wall Mail Ballot and to have the Commission decide ifit desires to proceed with the proiect based upon the vote: Richard Taylor, 1007 Taproot Dr., thanked the Commission for their support with the Oak Forest Wall project. Tom Petronio, 930 Oak Forest Dr., thanked the City Manager and City Staffwho helped with the Oak Forest Wall project. Motion was made by Commissioner Blake to approve the City Clerk's tabulation of votes for the Oak Forest Wall Mail Ballot. Seconded by Commissioner Gennell. Discussion. Vote: Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner Blake: aye. Motion passes. Motion was made by Commissioner Blake to accept the mandate of the people and direct the City Manager to proceed with the project. Seconded by Commissioner Langellotti. Discussion. Vote: Commissioner Gennell: aye; Commissioner Blake: aye; Commissioner Langellotti: aye. Motion passes. Deputy Mayor McLeod called a recess at 7:56 p.m. Deputy Mayor McLeod reconvened the Regular Re2:ular Meetin2: Citv Commission Julv 28.1997 96-97-19 Pa2:e 4 Meeting at 8:05 p.m. Finance Department A. Requesting the Commission approve Resolution No. 820 to proceed with the Non-Ad Valorem Tax Assessment for Street lighting within the Country Club Village Subdivision. PURPOSE: to get approval of Resolution No. 820 to proceed with the process required to add a Non-Ad Valorem Tax Assessment to the Property Tax Statement, notice each property owner in writing and advertise the Public Hearing: Motion was made by Commissioner Langellotti to approve Resolution 820 and to read by title only. Seconded by Commissioner Blake. Discussion. Vote: Commissioner Gennell: aye; Commissioner Blake: aye; Commissioner Langellotti: aye. Motion passes. The City Clerk read Resolution 820 by title only. Fire Department B. Requesting the City Commission approve the First Reading for adoption of Ordinance No. 673, concerning the fee charges for the City's medical patient transport service. PURPOSE: to request that the Commission approve the First Reading for adoption of Ordinance No. 673 amending the fee charges that were approved with Ordinance No. 608, establishing new fees, and providing for future fee changes by Resolution of the City's medical patient transport service, providing for conflicts, severability. and effective date: Fire ChiefLallathin gave his presentation. Discussion. Motion was made by Commissioner Blake to approve the First Reading of Ord. 673 and to read by title only. Seconded by Commissioner Langellotti. Discussion. It was the. consensus of the Commission to add the word "emergency" in the definition of the medical transport service. Vote: Commissioner Blake: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye. Motion passes. The City Clerk read Ord. 673 by title only on First Reading. Community Development Department C. Requests the Commission to approve the first reading for adoption of Ordinance No. 667, to annex a 1.37 acre parcel located approximately 160 feet east of Wade Street, on the north side of State Road 434. PURPOSE: to request the Commission to approve the first reading for adoption of Ordinance No. 667 to annex a 1.37 acre parcel: Motion was made by Commissioner Blake to approve the First R.eading of Ordinance 667 and to read by title only. Seconded by Commissionel' Gennelt. Discussion. Vote: Commissioner Gennell: aye; Commissioner Langellotti: aye; Commissioner Blake: aye. Motion passes. The City Clerk read Ordinance 667 by title only on First Reading. Community Development Department D. Requesting the City Commission to approve the first reading for adoption of an Ordinance No. 668 to change the future land use designation of a 1.37 acre parcel located on the north side of S. R. 434 160 feet east of the intersection of S. R. 434 and Wade Street from county designation of "Suburban Estates" (1 DU/acre) to the City's designation of "Commercial". PURPOSE: to request the Commission to approve the first reading of Ordinance No. 668 to change the future land use designation of a 1.37 acre parcel in the county enclave located on the north side of S. R. 434 160 feet Re1!ular Meetin1! City Commission Julv 28. 1997 96-97-19 Pa1!e 5 east of the intersection ofS. R 434 and Wade Street from county designation of "Suburban Estates" (1 DU/acre) to the City's designation of "Commercial": Motion was made by Commissioner Blake to approve the First Reading of Ord. 668 and to read by title only. Seconded by Commissioner Gennell. Discussion. Vote: Commissioner Langellotti: aye; Commissioner Blake: aye; Commissioner Gennell: aye. Motion passes. The City Clerk read Ordinance 668 by title only on First Reading. Community Development Department E. Requests the Commission to hold a public hearing and approve the first reading for adoption of Ordinance No. 669, to change the zoning designation of a 1.37 acre parcel located on the north side ofS. R 434 approximately 160 feet east of Wade Street. PURPOSE: to request the Commission to hold a public hearing and approve the first reading for adoption' of Ordinance No. 669, to change the zoning designation of a 1.37 acre parcel from county designation A-I "Agriculture" to City designation C-1 "Neighborhood Commercial" on the City's Official Zoning Map: Motion was made by Commissioner Blake to approve the First Reading of Ordinance 669 and to read by title only. Seconded by Commissioner Langellotti. Discussion. Vote: Commissioner Gennell: aye; Commissioner Blake: aye; Commissioner Langellotti: aye. Motion passes. The City Clerk read Ordinance 669 by title only on First Reading. Deputy Mayor McLeod recognized former Mayor Cliff Jordan. Mr. Jordan, representative of the property owner, spoke regarding the request. Community Development Department F. Requests that the Commission to approve the second reading and adoption of Ordinance #670 creating a "New Development Area" Overlay Zoning District, and to direct staff to develop a comprehensive plan amendment and zoning change that would be in accordance with the New Development Area Design Guidelines for the S.R. 434 Corridor Vision Plan. PURPOSE: to request the Commission to approve the second reading and adoption of Ordinance #670 creating a "New Development Area" Overlay Zoning District that would include the properties adjacent to the S. R. 434 right-of-way from Hayes Road eastward to S. R. 417 (a.k.a. the GreeneWay) with the exception of the Town Center area ofS. R. 434. 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 "New Development Area" Design Guidelines for the S. R. 434 Corridor Vision Plan: Missy Casscells, property owner spoke regarding this Ordinance. Motion was made by Commissioner Blake to adopt Ordinance 670. Seconded by Commissioner Langellotti. Motion passes. Attorney Kruppenbacher read Ordinance 670 by title only on Second Reading. Community Development Department G. Requesting the Commission to approve the first reading for adoption of Ordinance #672 creating a "Redevelopment Area" Overlay Zoning Distlict, and to direct staff to develop a comprehensive plan amendment and zoning change that would be in accordance with the redevelopment Area Design Re2ular Meetin2 City Commission Julv 28.1997 96-97-19 Pa2e 6 Guidelines for the S. R. 434 Corridor Vision Plan. PURPOSE: to request the Commission to approve the first reading for adoption of Ordinance #672 creating a "Redevelopment Area" Overlay Zoning District that would include the properties adjacent to the S. R. 434 right-of-way from U. S. Hwy.. 17-92 eastward to Hayes Road. 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 "Redevelopment Area" Design Guidelines for the S. R. 434 Corridor Vision Plan: Motion was made by Commissioner Langellotti to approve the First Reading of Ordinance 672 and to read by title only. Seconded by Commissioner Blake. Discussion. Vote: Commissioner Blake: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye. Motion passes. Attorney Kruppenbacher read Ordinance 672 by title only on Fint Reading. Parks and Recreation Department H. Requests that the City Commission approve continuation of the Department Concessions program for Fiscal Year 1997/98 pending normal budget procedures. PURPOSE: to affirm Commission support for continuing this service as being subsidized by less that nine percent (9%) or approximately $8,000.00 for another year trusting the amount of this support will decrease in a reasonably progressive manner: Brook Seall, Parks and Recreation Director gave his presentation. Motion was made by Commissioner Gennell to approve the 97-98 Recreation Department Concessions program. Seconded by Commissioner Langellotti. Discussion. Vote: Commissioner Langellotti: aye; Commissioner Blake: aye Commissioner Gennell: aye. Motion passes. Discussion on the amount to be subsidized. Motion was made by Commissioner Blake to table this item regarding the amount to be subsidized. Seconded by Commissioner Langellotti. Discussion. Vote: Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner Blake: aye. Motion passes. Parks and Recreation Department I. Ask general direction from the City Commission for possible facility use fees for youth baseball and soccer leagues and general recreation activity program direction. PURPOSE: to create understanding between policy formulation direction from the City Commission and programmatic service program levels to be provided by the Parks and Recreation Department: Mike Barrett, 1511 Nature Ct., spoke regarding user fees. Discussion on this item. It was the consensus of the Commission to have the City Manager come back to the Commission with figures for the user fees. Motion was made by Commissioner Blake to have the Parks and Recreation Department put together a youth program when the children are out, beginning in October and to charge 5% over' to accommodate children who can't afford the IJrogram. Seconded by Commissioner Langellotti. Discussion. Vote: Commissioner Gennell: aye; Commissioner Langellotti: aye; Commissioner Blake: aye. Motion passes. Reeular Meetine City Commission Julv 28.1997 96-97-19 Paee 7 City Clerk! Mayor's Office J. Resolution No. 825 - Expressing appreciation to Robert Amato for his service on the Code Enforcement Board. City Clerk! Mayor's Office K. Resolution No. 826 - Expressing appreciation to Charles Holzman for his service on the Code Enforcement Board. City Clerk! Mayor's Office L. Resolution No. 827 - Expressing appreciation to Art Hoffmann for his service on the Planning and Zoning Board. DEPUTY MAYOR MCLEOD STATED THAT ITEMS J, K AND L WILL BE TABLED UNTIL THE NEXT MEETING. Finance Department - ADD-ON M. Request the Commission set the Proposed Millage Rate, announce the Rolled Back Rate and set the Date, Time and Place of the Public Hearing for the Tentative Budget. (September 10th, 1997 at 6:30 p.m. at City Hall) PURPOSE: to set the Proposed Millage Rate and announce the Rolled Back Rate and set the Date, Time and Place the Public Hearing of the Tentative Budget: Motion was made by Commissioner Blake to set the proposed millage at 3.6883 mills. Seconded by Commissioner Gennell. Discussion. Vote: Commissioner Gennell: aye; Commissioner Blake: aye; Commissioner Langellotti: aye. Motion passes. Motion was made by Commissioner Blake to set the rolled back .'ate at 3.5762. Seconded by Commissioner Langellotti. Discussion. Vote: Commissioner Langellotti: aye; Commissioner Blake: aye; Commissione.' Gennell: aye. Motion passes. Motion was made by Commissioner Langellotti to set the date, time and place of the public hearing for the tentative budget and that being on September 10, 1997, at 6:30 p.m. at City Hall Commission Chambers. Seconded by Commissioner Gennell. Discussion. Vote: Commissione.r Blake: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye. Motion passes. City Manager - ADD-ON N. Requesting Commission address the Mayor's Veto of July 21, 1997, regarding Telecommunications Tower Ordinance No. 645. PURPOSE: to request the Commission address the Mayor's Veto of the Telecommunications Tower Ordinance No. 645: Harold Scott, 911 Augusta National Boulevard, spoke regarding Ord. 645. Attorney Kruppenbacher read a portion of the Charter concerning Vetoing and about having a full Commission. Discussion. Attorney Kruppenbacher recommended that this item be tabled until the next meeting. It was the consensus of the Commission to table this item until th~ next meeting. Commissioner Blake asked that the Attorney convey his opinion regarding the reason to table in writing. Attorney Kruppenbacher stated he will have his written opinion on Tuesday.(7-29-97) VI. REPORTS Re!!:ular Meetin!!: City Commission Julv 28. 1997 96-97-19 Pa!!:e 8 A. City Attorney - Frank Kruppenbacher Attorney Kruppenbacher stated that the law suit against the City regarding the Adult Entertainment Ordinance has been dismissed and that he is working with other Cities and the County Attorney's Office to monitor this issue. B. City Manager - Ronald W. McLemore Manager McLemore asked the Commission if they noticed the new audio system and if it was satisfactory . Manager McLemore sated that he has gotten a response from the City of Casselberry regarding a joint meeting and Casselberry has given two dates; August 5th or 7th, 1997 at either 7:00 p.m. or 8:00 p.m. Discussion. It was the consensus of the Commission to meet with the Casselberry City Council on August 7th at 8:00 p.m. at the City of Casselberry's Police Department conference room. Manager McLemore announced that Michelle Adams has been hired as the Accounting Supervisor. Manager McLemore also announced that John Ketteringham, the General Services Director, has resigned. Manager McLemore stated that he would like to hire on a temporary employment basis, an Administrative Assistant, Mr. John Drago for six months to a year. Discussion. It was the consensus of the Commission to authorize the City Manager to hire Mr. Drago on a temporary employment basis. Manager McLemore also stated that Charles Carrington will start employment August 1, 1997. Manager McLemore asked the Commission if, on a temporary basis, the Commission office and Mayor's office could be moved to behind the dias, until the Police Department moves into their new facility as the office space is needed. It was the consensus of the Commission to approve the temporary relocation of the offices. C. Commission Seat IV - Cindy Gennell - Appointment/Reappointment to the Beautification of Winter Springs Board. Motion was made by Commissioner Gennell to reaplJoint Dal'lene Cook to the B.O.W.S. Board. Seconded by Commissioner Blake. Discussion. Vote: Commissioner Langellotti: aye; Commissioner Blake: aye; Commissioner Gennell: aye. Motion passes. D. Commission Seat V - David McLeod - Appointment to Board of Trustees Commissioner McLeod stated that he would have his appointment for the Board of Trustees at the next meeting. E. Commission Seat I - Larry Conniff Absent. F. Commission Seat II - Michael Blake - Appointment/Reappointment to the Beautification of Winter Springs Board. . Re2ular Meetin2 City Commission Julv 28. 1997 96-97-19 Pa2e 9 Motion was made by Commissioner Blake to reappoint Dart Helgeson to the B.O.W.S. Board. Seconded by Commissioner Langellotti. Discussion. Vote: Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner Blake: aye. Motion passes. G. Commission Seat III - John Langellotti - Appointment to Planning and Zoning Board Motion was made by Commissioner Langellotti to reappoint Art Hoffmann to the P&Z Board. Seconded by Commissioner Blake. Discussion. Vote: Commissioner Gennell: nay; Commissioner Blake: aye; Commissioner Langellotti: aye. Motion does not pass. H. Mayor's Office - Paul P. Partyka Absent. The meeting adjourned at 11 :00 p.m. Respectfully Submitted, ~ j;;.~ Margo M. Hopkins, City Clerk