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HomeMy WebLinkAbout1998 01 12 Other Item 1 Date: 01121998 The following Minutes for Regular Meeting 12081997 were approved during the 01/12/1998 Regular City Commission Meeting for this date. REGULAR MEETING CITY COMMISSION DECEMBER 8, 1997 The Regular Meeting of the City Commission was called to order by Mayor Paul P. Partyka at 6:45p.m. ROLL CALL: Mayor Paul P. Partyka, present Deputy Mayor Cindy Gennell, present City Manager Ronald W. McLemore, present Attorney Bob Guthrie, present COMMISSIONERS: Robert S. Miller, present Michael S. Blake, present Ed Martinez, present David McLeod, present Mayor Partyka announced agenda changes: Regular Agenda Items K and L will be moved ahead of Public Input. The whole Informational Agenda will be moved ahead of Public Input. Regular Agenda Item 0 will be the first item on the Regular Agenda. Approval of Minutes of November 24, 1997: Motion was made by Commissioner Gennell to approve the minutes of November 24, 1997. Seconded by Commissioner Blake. Discussion. V ote: Commissioner Miller: aye; Commissioner Blake: aye; Commissioner Martinez: aye; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. Mayor's Office K. Resolution No. 834 - Expressing appreciation to Larry Conniff for his service on the City Commission: Motion was made by Commissioner Martinez to approve Resolution No. 834. Seconded by Commissioner Miller. Discussion. Vote: Commissioner Blake: aye; Commissioner Martinez: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Miller: aye. Motion passes. Mayor Partyka read Resolution No. 834 and presented the Resolution and a Plaque to Larry Conniff. Mayor's Office L. Resolution No. 835 - Expressing appreciation to John Langellotti for his service on the City Commission: Motion was made by Commissioner Martinez to approve Resolution No. 835. Seconded by Commissioner McLeod. Discussion. Vote: Commissioner Martinez: aye; Commissioner Gennell: aye; Commissioner McLeod: a ye; Commissioner Miller: aye; Commissioner Blake: aye. Motion passes. Mayor Partyka read Resolution No. 835. Mayor Partyka presented the Resolution and a plaque to John Langellotti upon his arrival at the meeting. Re2:ular Meetin2: City Commission December 8. 1997 97 -98-05 Pa2:e 2 IV. INFORMATIONAL AGENDA Human Resources DivisionlFinance Department A. Informing the Commission of the results of the 1997-1998 United Way Campaign. PURPOSE: to inform the Commission of the results of the 1997-1998 United Way Campaign: Harry Martin, Finance Director and Mary Wilson, Employee Relations Coordinator, were present. Ms. Wilson gave her presentation. Parks and Recreation Department B. Requesting the Commission consider information received from "The Compassionate Friend- Orlando Chapter" who are offering to donate a second park bench to the City for installation at Central Winds Park. PURPOSE: to provide adequate information to the Commission so that they can determine the appropriateness of accepting the proposed donated bench: Mel Glickman, member of the Compassionate Friends of Orlando, stated that they are placing a second bench in Central Winds Park and the dedication will be on Sunday afternoon and invited the Commission to attend. City Manager C. Requesting Commission officially recognize City employees that have completed 5, 10, and 15 years of service with the City of Winter Springs. PURPOSE: to have the Commission officially recognize City employees that have completed 5, 10, 15 years of service with the City of Winter Springs: Mayor Partyka read the names of the employees who have completed 5, 10 and 15 years of service in 1997. Motion was made by Commissioner McLeod to accept the Informational Agenda. Seconded by Commissioner Blake. Discussion. Vote: Commissioner McLeod: aye; Commissioner Miller: aye; Commissioner Blake: aye; Commissioner Martinez: aye; Commissioner Gennell: aye. Motion passes. II. PUBLIC INPUT Cindy Revis, 102 Bahama Road, asked that the Section of road in front of her home be paved. Kerry Gamble, 100 Bahama Road, also spoke regarding the paving in front of her home and asked about an asphalt sidewalk. Mr. Kip Lockcuff, Public Works/Utility Director, stated that there will be an 8 foot shell path, not asphalt. Tom O'Connell, 1718 Seneca Blvd., spoke representing the Tuscawilla Homeowners Association and asked about a workshop that was held regarding this item and about public notice and asked if Re2:ular Meetin2: City Commission December 8.1997 97-98-05 Pa2:e 3 this has been before the Planning and Zoning Board. Mr. O'Connell asked that Regular Agenda Item 0, be tabled to a future meeting. III. CONSENT AGENDA Public Works DepartmentlUtility Division A. Requesting authorization to enter into a Contract Agreement for reclaimed water system improvement to the East Water Reclamation Facility. PURPOSE: to request authorization to enter into a contract agreement with Encore Construction Company for reclaimed water system improvements to the East Water Reclamation Facility at a cost of $1,065,400.00 plus a 10% contingency: Public Works DepartmentlUtility Division B. Requesting authorization to execute Supplement #2 to Amendment 35 for Consulting Engineering Services. PURPOSE: to request authorization to execute Supplement #2 to Amendment 35 - Construction Administration Services for reclaimed water improvements with Conklin, Porter & Holmes Engineers, Inc., at a cost of $67,425.00. Public Works DepartmentlUtility Division C. Requesting approval of Work Order Change #1 to the Joint Participation Agreement with FDOT. PURPOSE: to request approval of the Commission for the execution of work order Change # 1 to the Joint Participation Agreement for installation of utility and irrigation sleeves with FDOT in the amount of $2,930.40 for a total of$37,536.40. Public Works Department D. Requesting authorization to execute a Change Order for the paving of Bahama Road west of Moss Road. PURPOSE: to request approval of a Change Order to the Hayes, Panama, and Moss Road Paving Project with Bergeron Land Development, Inc., for the paving of a section of Bahama Road west of Moss Road for an amount not to exceed $25,000.00. Motion was made by Commissioner Gennell to approve the Consent Agenda. Seconded by Commissioner Miller. Discussion. Commissioner Blake stated that in Item A of the Consent Agenda it states that "construction traffic will generally be traveling on Winter Springs Boulevard and not on residential streets"; Commissioner Blake stated for the record that Winter Springs Boulevard is a residential street and said to make sure it is treated that way. Commissioner Martinez asked if there could be an alternate route besides Winter Springs .Blvd. Mr. Lockcnff stated that is the only way to the development and then stated that Winter Springs Blvd., is treated as a collector road. Vote: Commissioner Gennell: aye Commissioner McLeod: aye; Commissioner Miller: aye; Commissioner Blake: aye; Commissioner Martinez: aye. Motion passes. Re2:ular Meetin2: City Commission December 8.1997 97-98-05 Pa2:e 4 V. REGULAR AGENDA Community Development Department/Engineering Division O. Requesting Commission final action (approve or disapproval) on the engineering of five (5) floodway lots on the west side of Howell Creek and realignment of the FEMA Floodway. This project is known as The Reserve at Tuscawilla, Phase I-A. PURPOSE: to take final action on the engineering plans for five (5) floodway lots on the west side of Howell Creek and realignment of the FEMA Floodway. The project is known as The Reserve at Tuscawilla, Phase I-A, and lots are located in that subdivision known as The Reserve at Tuscawilla Phase I that is on the east side of Tuscora Drive: Charles Carrington, Community Development Director, gave his presentation. Mr. Carrington stated that the City Engineer Mark Jenkins is present for any questions. Mr. Carrington also stated that Mr. Jim Hunt, of Dyer Riddle, Mills, Precourt, the City's Consulting Engineer is also present for questions. Mr. Carrington also stated that David Hamstra, Engineer for the developer and Dwight Saathoff, Attorney for the developer are present. Commissioner Gennell asked about the notification of the property owners. Mark Jenkins, City Engineer stated that is a condition in the CLOMAR letter of April 26, 1996 and stated that is one of the conditions that the developer will have to meet - the notification of all affected property owners before FEMA will realign the flood way. Mr. Jenkins stated that the developer has not done that yet and will need to do that. Michael Galura, of PEC, engineer of record for the project, stated that Public Notification is required but is only required once the project is constructed. Discussion. Dwight Saathoff, stated the public opportunity to provide input into this process is here, the input is done at the local level with a public hearing (which is being done now), the notice and opportunity to perhaps to provide some input from residents that is provided by the Federal regulations that govern FEMA, is more of an informational notice about the change in the actual flood way line as an official action being taken by FEMA. The floodway line is not changed until the improvements are actually done. Manager McLemore stated that the meeting that was held, was in no intent to be a public hearing or a workshop of the Commission; there were several items Staff wise that we needed to work out during that meeting and we simply said if any Commissioner desired to come, while this meeting was going on, and be able to ask questions, to please come. Because of the situation that more than one Commissioner may show up, we had to post the meeting; the act of posting the meeting had nothing to do with the meeting being a workshop, it was never intended to be a workshop, it was a Staff meeting, providing the opportunity for the Commission to come and listen and ask questions. Commissioner Martinez said the FEMA letter is explicit as far as notification and said it states at the Re2:ular Meetin2: City Commission December 8. 1997 97 -98-05 Pa2:e 5 bottom of the letter, that "...that this requirement must be fulfilled when requesting a map revision to reflect the completed modifications." Commissioner Martinez said this was done, and said what he is interested in is that there has been no Planning and Zoning Board action taken on this since 1994. Discussion. Commissioner Martinez read from Section 20-358 and Section 20-368 of the City Code. Discussion. Moti Khemlani, 605 Morgan Street, spoke against this item. Jim Hunt, the City's consulting engineer for this project, gave a summary of his involvement in this project. Commissioner Blake asked for clarification of Mr. Hunt's statement of "lowering flood stage". Mr. Hunt clarified this for the Commission. Discussion. Commissioner Blake asked Mr. Hunt if he has seen the plans that the developer has in terms of which method they intend to use to fill in the floodway. Mr. Hunt said yes. Commissioner Blake asked Mr. Hunt ifhe has an opinion on that, and asked if they are using the best method. Mr. Hunt said he feels that what is being done is sound engineering. Commissioner Blake asked if it is the best sound engineering. Mr. Hunt stated yes. Manager McLemore stated that the City has pursued this project with an abundance of caution and the Commission has the information to make a decision. Manager McLemore asked Mr. Hunt if the engineering that he sees in terms of construction methods and use of materials etc., is what he considers to be the best cost effective method for this type of development. Mr. Hunt said with the placement of sod on compacted surfaces is more than adequate for that type of situation. Commissioner Blake said to clarify what the Commission is doing, is the Commission making the decision to allow the filling in of a floodway or does someone else make that decision and the Commission is mearly making the decision to allow development on this property, should that floodway realignment be allowed (by someone else). Manager McLemore said there are several levels of enforcement involved in the review, one being the Federal level which is FEMA; the State level which is basically FEMA with a "Florida touch"; and the local level; all of us have different regulations, and they tend to line up with FEMA, and we are required to have these regulations in order to be a community in which you can get flood insurance and that is why everything lines up. Our particular ordinances set out a "test" that a developer has to meet in order to encroach into a flood plane, that has to have sufficient engineering Ree:ular Meetin2: City Commission December 8.1997 97 -98-05 Pa2:e 6 data available to us, the City, to make a decision that the criteria and the requirements (at the local level) have been met. The Commission approves the Site Plan, and that means the Commission is approving what is going to be constructed in the development, based on the fact that there is a set of regulations that are in compliance with the State and Federal regulations. In that series of steps there are some things that the State and "Feds" do that we are not required to do at the local level, and said he thinks that the final certification after construction is something that is FEMA's. The Commission is approving a plan that will allow the developer to encroach into the flood plane based on the criteria of the law in which they can do that, and in which we have vigorously and rigorously made sure that the developer has complied with. Discussion. Commissioner Blake asked Mr. Hunt if he was aware of any scientific information that the Commission can utilize to deny this request. Mr. Hunt said he doesn't know of any. Commissioner Blake asked Mr. Jenkins, City Engineer, if he knows of any scientific information that the Commission can use to deny this request. Mr. Jenkins stated no. David Hamstra, PEC, reviewed the lot grading. Commissioner McLeod asked the Attorney if the Commission's decision is if the developer has met the criteria of the City's Code, meeting the criteria of the law with FEMA, and State Codes. Attorney Guthrie said that the Commission is not granting a variance, Chapter 8 has three parts, the Commission is looking at the third part and that is a way for lots to come into compliance with the FEMA regulations by going through the FEMA review, which the developer still has to do. Commissioner McLeod asked that at present has the developer complied to the Code requirement of this City. Attorney Guthrie said the steps that the developer has gone through and have indicated they intend to do with regard to raising the elevation of the lots, would bring them into compliance with what the City Code says they have to do. The developer still has to go through the physical parts and if FEMA confirms they have done that, then yes they will have complied with the requirements of the City Code (Chapter 8). Commissioner McLeod asked Mr. Jenkins if he is in agreement with what the City Attorney just stated. Mr. Jenkins stated yes. Motion was made by Commissioner McLeod that Item 0 be approved as presented to the Commission based on the information the Commission has at hand and with the agreements that have been made prior (at the previous Commission Meeting of November 24,1997 those being what is going to occur with regards to the Homeowner Associations Documents and the way the cost will be allocated in terms of the maximum cost to the 84 lots and the balance Re2:ular Meetin2: City Commission December 8.1997 97-98-05 Pa2:e 7 shifted to the others; and the consideration of a bond on the completed improvements which the developer offered for a two year period (two years from the date of completion) and the issue of an additional review ( every 5 years)); also to have a formal development order with findings of fact that will be recorded. Seconded by Commissioner Miller. Discussion. Mayor Partyka suspended the motion and asked if there was a motion to hear the developer speak. Motion was made by Commissioner Gennell to hear the developer. Seconded by Commissioner Miller. Discussion. Vote: Commissioner Miller: aye; Commissioner Blake: aye; Commissioner Martinez: nay; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. Mr. Saathoff gave a packet of Richland Property's materials to the Clerk for the record. Commissioner Gennell asked about a tree survey; Commissioner Gennell stated that she would like to see that the engineer's documents and findings of fact are added with the City's are made part of the recorded document. Commissioner Martinez read about FEMA, regarding flood plains. Commissioner Blake asked about the 100 yr. and 500 yr. flood elevations. Commissioner Gennell said her understanding of the motion includes the factual findings ofthe engineers with their stamp being attached to the recorded document. Attorney Guthrie said to ratify the representation before with regard to the cost regarding the homeowners responsibility and the bond requirements. Mr. Saathoff stated yes. Vote on original motion: Commissioner Miller: aye; Commissioner Blake: aye; Commissioner Martinez: nay; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. Mayor Partyka called a recess at 9:05 p.m. Mayor Partyka reconvened the meeting at 9: 17 p.m. Community Development DepartmentIPlanning Division A. Requests the Commission to hold a Public Hearing to consider whether to transmit the large scale comprehensive plan amendment (LG-CP A -1-97) to the Florida Department of Community Affairs, to update the Traffic Circulation Element in Volume 1 and 2 of the Comprehensive Plan. PURPOSE: the City needs to update the Traffic Circulation Element based on the results of the recently completed City of Winter Springs Transportation Study prepared by Conklin, Porter & Holmes. The contents of the Study are intended to replace completely the current text and maps in the Traffic Circulation Element Volume l' of2 and Volume 2 of2. The changes in the text require the submission of a large scale comprehensive plan amendment to the Florida Department of Community Affairs: Mr. Carrington gave his presentation. Mayor Partyka asked if there was any Public Input on this item. There was no public comment on this item. Commissioner Gennell asked about any funding changes. Kip Lockcuff, Public Works/Utility Director, stated that the City does not receive any funding from any agency; the only change will be the change of the impact fees that is collected from the developers, the fees are lower by 40%. Ree:ular Meetin2: City Commission December 8. 1997 97 -98-05 Pa2:e 8 Commission Martinez asked about four laning of Winter Springs Blvd. Terry Zaudtke, consulting engineer, stated that there is no plan to four lane Winter Springs Blvd., there will be turning lanes put in at the appropriate time. Motion was made by Commissioner Gennell to approve Agenda Item A. Seconded by Commissioner Martinez. Discussion. Commissioner Miller had a question regarding a road at the back of Winding Hollow, as shown in figure A-4. Mr. Zaudtke stated that figure A-4 will be modified to accurately be shown as A-3. Commissioner McLeod asked about Shore Road as a collector. Mr. Zaudtke stated it states that Shore Road will be eliminated as a collector and will not have the ability to connect to S.R. 434 and 419. Commissioner Gennell has question regarding figure 8. Vote: Commissioner Blake: aye; Commissioner Martinez: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Miller: aye. Motion passes. Terry Zaudtke, Conklin, Porter and Holmes, the City's consulting engineer, stated that he will make changes regarding figure A-4 where it will correspond to A-3, and figure 8. Community Development Department/Planning Division B. Requests the Commission hold a Public Hearing to consider whether to transmit the large scale comprehensive plan amendment (LG-CP A-4-97) to the Florida Department of Community Affairs, recommending elimination of the minimum density requirement of residential land use categories in the Land Use Element in Volume 2 of2 of the Comprehensive Plan. PURPOSE: to prevent future situations arising where a property owner cannot develop his property at a density level indicated in the zoning district that may be lower than the minimum density level stated in the Comprehensive Plan. The minimum density requirement in the residential land use categories would be eliminated in the Land Use Element in Volume 2 of2. The changes in the text require the submission of a large scale comprehensive plan amendment to the Florida Department of Community Affairs: Mr. Carrington gave his presentation. Mayor Partyka asked if there was any public input. There was no public comment. Motion was made by Commissioner McLeod to transmit the LG-CP A-4-97 to the Florida Department of Community Affairs recommending the elimination of the minimum density requirement of the residential land use categories in the Land Use Element in Volume 2 of2 of the Comprehensive Plan, based on the findings indicated within the document and the recommendation of the Local Planning Agency that the City Commission hold a first transmittal public hearing and transmit to the Department of Community Affairs the proposed large scale amendment. Seconded by Commissioner Blake. Discussion. Vote: Commissioner Martinez: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Miller: aye; Commissioner Blake: aye. Motion passes. Community Development Department/Planning Division Re2:ular Meetin2: City Commission December 8. 1997 97-98-05 Pa2:e 9 C. Requests the Commission hold a Public Hearing to consider whether to transmit the large scale comprehensive plan amendment (LG-CP A-3-97) to the Florida Department of Community Affairs, which would create a new Future Land Use Map designation "GreeneWay Interchange District". PURPOSE: the purpose of this large scale comprehensive plan amendment which would create a new Future Land Use Map designation "Greene Way Interchange District" replacing the "Mixed Use" designation on the subject property. This would allow the subject property to be developed more appropriately oriented to the type of activity generated by a major highway, such as the beltway (the GreeneWay) that intersects S.R. 434 on the eastern edge of the City: Mr. Carrington gave his presentation. Discussion. Mayor Partyka asked if there was any public comment. There was no public comment. Motion was made by Commissioner Martinez to approve transmittal of the large scale comprehensive plan amendment LG-CP A-3-97 to the Florida Department of Community Affairs. Seconded by Commissioner Gennell. Discussion. Vote: Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Miller: aye; Commissioner Blake: aye; Commissioner Martinez: aye. Motion passes. Community Development Department/Planning Division D. Requests the Commission hold a Public Hearing to consider whether to transmit the large scale comprehensive plan amendment (LG-CP A-2-97) to Florida Department of Community Affairs, that would add a vision statement and goals, objectives and policies in the Comprehensive Plan. PURPOSE: the contents of the plan amendment are intended to add to the current text of the Land Use Element in Volume 2 of2 the S.R. 434 Corridor Vision Plan Vision Statement, and associated goals, objectives, and policies. The additional language to the text requires the submission of a large scale comprehensive plan amendment to the Florida Department of Community Affairs: Mr. Carrington gave his presentation. Mayor Partyka asked if there was any public comment. There was no public comment. Commissioner Gennell stated that she hopes the Commission revisits the issue of widening the 5 foot sidewalks. Motion was made by Commissioner Gennell to approve agenda Item D. Seconded by Commissioner McLeod. Discussion. Vote: Commissioner McLeod: aye; Commissioner Miller; aye; Commissioner Blake: aye; Commissioner Martinez: aye. Commissioner Gennell: aye. Motion passes Community Development Department/Land Development Division E. Requesting Commission action on a request by Donald W. McIntosh, on behalf of Wagner Station Planned Unit Development, to waive certain requirements of Section 9-157 of the Code which provides design/construction and inspection standards established for private streets. Re2:ular Meetin2: City Commission December 8. 1997 97-98-05 Pa2:e 10 PURPOSE: for Commission action on a request by Donald W. McIntosh, on behalf of Wagner Station Planned Unit Development, to waive the Code to allow sidewalks meandering in and out of the right-of-way and to have specialty pavement on the entry road into the subdivision. Wagner Station Planned Unit Development is located on the north side of S.R. 434 directly across from Winding Hollow Boulevard: Mr. Carrington gave his presentation. Donald W. McIntosh, representative for the developer, stated that the purpose of this request is not to circumvent or minimize the quality of what is proposed at Wagner Station, but more to facilitate them making something special of the property, and creating an aesthetic environment that is unique. Mr. McIntosh said the maintenance of what is proposed will be the responsibility of the entity that is designated for the maintenance, not the City. However, the design for the improvements will meet the minimum City standards, other than the aesthetic areas that are identified as important. Motion was made by Commissioner McLeod to approve the request for the sidewalks and the brick pavers on the entrancing and through the circle as shown on the drawing (updated 08- 13-97). Seconded by Commissioner Miller. Discussion. Vote: Commissioner Miller: aye; Commissioner Blake: aye; Commissioner Martinez: aye; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. Community Development Department/Land Development Division F. Requesting Commission approval for the First Reading of Ordinance No. 693 vacating a portion of a Greenbelt, Drainage and Utility Easement located to the rear of Lot 33, Bear Creek Estates (757 Bear Creek Circle). The Second Reading and adoption of Ordinance No. 693 will be scheduled for a later meeting. PURPOSE; to vacate a portion of an existing Greenbelt, Drainage and Utility Easement located to the rear of Lot 33, Bear Creek Estates (757 Bear Creek Circle). This would allow the owner of the property to build a house and the normal amenities associated with such: Motion was made by Commissioner Blake to approve the first reading ofOrd. 693 and to read by title only. Seconded by Commissioner Gennell. Discussion. Vote: Commissioner Blake: aye; Commissioner Martinez: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Miller: aye. Motion passes. Attorney Guthrie read Ord. 693 by title only on First Reading. Mayor Partyka asked is there was any public comment. There was no public comment. Community Development Department/Building Division G. Requests the Commission approve the First Reading of Ordinance No. 692, adopting the current State of Florida Minimum Building Codes, as the Building Construction Standards for the City of Winter Springs. PURPOSE: to request the Commission approve the First Reading of Ordinance No. 692 to adopt the amended State of Florida Minimum Building Codes, as the Building Construction standards for the City of Winter Springs: Reeular Meetin2: City Commission December 8.1997 97-98-05 Pa2:e 11 Motion was made by Commissioner Blake to approve the first reading ofOrd. 692 and to read by title only. Seconded by Commissioner McLeod. Discussion. Vote: Commissioner Gennell: aye; Commissioner Martinez: aye; Commissioner Blake: aye; Commissioner Miller: aye; Commissioner McLeod: aye. Motion passes. Attorney Guthrie read Ord. 692 by title only on first reading. Mayor Partyka asked if there was any public comment. There was no public input. City Manager H. Requesting Commission hold a Public Hearing for Second Reading and adoption of Ordinance 691, which amends Chapter 2, Section 2-152 of the Code of Ordinances, increasing the City Manager's purchasing authority. PURPOSE: to request the Commission hold a Public Hearing and approve the Second Reading and adopt Ordinance 691 which amends Chapter 2, Section 2-152 of the Code of Ordinances increasing the purchasing authority of the City Manager: Attorney Guthrie read Ord. 691 by title only on Second Reading. Mayor Partyka closed the Regular Meeting and opened the Public Hearing. There was no one present to speak for this item. Mayor Partyka closed the Public Hearing and reconvened the Regular Meeting. Motion was made by Commissioner Gennell to approve the second reading and adoption of Ord.691. Seconded by Commissioner McLeod. Discussion. Vote: Commissioner McLeod: aye; Commissioner Miller: aye; Commissioner Blake: aye; Commissioner Martinez: aye; Commissioner Gennell: aye. Motion passes. Community Development Department/Planning Division J. Requests the Commission hold a Public Hearing and Second Reading and adoption of Ordinance 675 to institute the "New Development Area" Overlay Zoning District Regulations (Design Guidelines) of the State Road 434 Corridor Vision Plan. PURPOSE: to request the Commission hold a Public Hearing and approve the Second Reading and adoption of Ordinance 675 instituting the "New Development Area" Overlay Zoning District Regulations (Design Guidelines) that would become a part of Chapter 20 "The Zoning Ordinance" of the Code of Ordinances of the City of Spring Winters THIS ITEM TABLED FROM THE NOVEMBER 24. 1997 MEETING: Mr. Carrington gave his presentation. Mayor Partyka closed the Regular Meeting and opened the Public Hearing and asked if there was any one present to speak on this item. Mike Schrimsher reviewed with the Commission problems he had with the design guidelines. The Commission determined that the building limit would be 55'. The elimination of the last sentence on page 7, #14; also on page 7 to "clean-up" the language regarding inside/outside Re2:ular Meetin2: City Commission December 8.1997 97 -98-05 Pa2:e 12 curbs. On page 8, add D.B.H. Page 10 #5, to strike the work canopy and add not to exceed. Motion was made by Commissioner McLeod to extend the meeting past 11 :00 p.m. Seconded by Commissioner Gennell. Vote: all aye. Motion passes. On page 13 & 14, regarding construction signs, it will state 14 feet high and 16 feet wide. The Commission decided to delete #F on page 18. On page 20, #12, should read 55 feet and not 35 feet. Motion was made by Commissioner Blake to adopt Ord. 675 to include the clarifying amendments from the discussion this evening. Seconded by Commissioner McLeod. Discussion. Commissioner Miller noted a typo on Table 2 - it should state 12 feet not inches. Vote: Commissioner McLeod: aye; Commissioner Gennell: aye; Commissioner Martinez: aye; Commissioner Blake: aye; Commissioner Miller: aye. Motion passes. Community Development Department/Planning Division J. Requests the Commission hold a Public Hearing to approve the Second Reading and adoption of Ordinance No. 654, to annex a 9.58 acre parcel located on the south side of State Road 434 approximately 2,500 feet east of U.S. 17/92. PURPOSE: to request the Commission hold a Public Hearing and approve the Second Reading and adoption of Ordinance No. 654 to annex a 9.58 acre parcel : Motion was made by Commissioner Blake to table the consideration and adoption ofOrd. No. 654 to the first meeting in January 1998, January 12, 1998. Seconded by Commissioner McLeod. Discussion. Vote: Commissioner Gennell: aye; Commissioner Miller: aye; Commissioner McLeod: aye; Commissioner Blake: aye; Commissioner Martinez: aye. Motion passes. City Manager M. Requesting the Commission appoint a Commissioner to represent the City of the East Central Florida Regional Planning Council. PURPOSE: to appoint a Commissioner to represent the City on the East Central Florida Regional Planning Council: Motion was made by Commissioner Gennell to appoint Commissioner Blake to the E.C.F.R.P.C. Seconded by Commissioner Martinez. Commissioner Blake declined the nomination. Motion was made by Commissioner Blake to appoint Commissioner Martinez to the E.C.F.R.P.C. Seconded by Commissioner Gennell. Discussion. Vote: Commissioner Blake: aye; Commissioner Miller: aye; Commissioner McLeod: aye; Commissioner Martinez: aye; Commissioner Gennell: aye. Motion passes. Re2:ular Meetin2: City Commission December 8.1997 97-98-05 Pae:e 13 City Manager N. Requesting the Commission elect a Commissioner as Deputy Mayor. PURPOSE: to elect a Commissioner as Deputy Mayor: Motion was made by Commissioner Blake to nominate Commissioner McLeod as Deputy Mayor. MOTION DIED FOR LACK OF A SECOND. Motion was made by Commissioner Miller to recommend Commissioner Gennell as Deputy Mayor. Seconded by Commissioner Martinez. Discussion. Vote: Commissioner Blake: aye; Commissioner Miller: aye; Commissioner McLeod: nay; Commissioner Gennell: aye; Commissioner Martinez: aye. Motion passes. City Manager - ADD-ON P. Requesting the Commission to approve a lease agreement with A.PT. for the erection of a telecommunications tower at City Hall. PURPOSE: to approve a lease agreement between the City and A.P.T. for the erection of a 164 foot telecommunications tower to be located behind City Hall: Manager McLemore mentioned a few changes in the agreement: page 3 - changing the requirement that the leasee would be required to remove five feet from the foundation and also it provides that the developer would provide a bond of $50,000 year one, which will be increased every year 3%. Originally we talked about having a $200 per month escrow account set up, the bond would remain at $50,000 and the lessee has requested that he be allowed to increase the limits of the bond annually at 3% rather than the $200 per month requirement for the escrow account. The escrow account is only there for the removal of the tower, no other purpose. The bond over 30 years would come out above $120,000. Manager McLemore stated that this agreement appears to be reasonable and adequate to him from a contract perspective; the only issue would be if there were some deep excavation of concrete, which would result in the cost going above the bond amount but it is a very slim margin that you would have to excavate a major portion of the concrete. Manager McLemore said that there is one provision in here and we need to add "if the City determines at that point in time during planning for another facility, if the City determines that concrete needed to be removed at a lower level or in its entirety, then it will be removed. In a case that the City finds an engineering reason relative to construction plans to remove that, the City would require that it be removed at the cost of the owner. Manager McLemore said we require that the company provides the City one co-location on the tower and originally it was stated that the City could get 100% of that revenue if the City chose to rent it out; we are, due to a concession on the developer's part agreeing to amend that to say "if the City does not need that for our own purpose", then we would agree to share that at 50%. Manager McLemore stated with the one change that he just mentioned (above) he feels the City has a very good agreement. Re2:ular Meetine: City Commission December 8.1997 97-98-05 Pae:e 14 Discussion. Attorney Guthrie stated that he would like to suggest that we add the specific conflicting use determination that we can make by Resolution and said he feels we ought to combine, on the first item discussed, combine the sentences - one says" not withstanding the forgoing, APT shall not be required to remove any foundation more than five feet below grade level" and Attorney Guthrie said he would like to end that with" unless required by..." and the provision if the City determines by Resolution at the time. Manager McLemore stated that the Company, by letter agreement, has agreed to provide him (Manager) with a cell phone and 1 00 minutes per month of time. Motion was made by Commissioner Blake to approve agenda item P as amended. Seconded by Commissioner Miller. Discussion. Vote: Commissioner Martinez: aye; Commissioner Miller: aye; Commissioner Blake: aye; Commissioner McLeod: aye; Commissioner Gennell: aye. Motion passes. City Manager - ADD-ON Q. Requesting City Commission to approve emergency authorization to purchase new windows for City Hall: Manager McLemore gave his presentation. Motion was made by Commissioner Gennell to approve Item Q. Seconded by Commissioner McLeod. Discussion. V ote: Commissioner Miller: aye; Commissioner Blake: aye; Commissioner Martinez: aye; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. VI. REPORTS A. City Attorney Frank Kruppenbacher/Bob Guthrie: Attorney Guthrie mentioned the memo regarding the Sunshine law. And also stated the he will give the Commission a memo regarding quasi-judicial and legislative areas for the Commissions review. B. City Manager Ronald W. McLemore: No Report. C. Commission Seat I - Robert S. Miller: No Report. D. Commission Seat II - Michael Blake: Re2:ular Meetin2: City Commission December 8. 1997 97-98-05 Pa2:e 15 No Report. E. Commission Seat III - Edward Martinez, Jr.: Commissioner Martinez read a letter from a resident regarding playground equipment at Trotwood Park and gave the letter to the City Manager to follow up on. Commissioner Martinez wished everyone Happy Holidays. F. Commission Seat IV - Cindy Gennell: Commissioner Gennell wished everyone a Merry Xmas. Commissioner Gennell thanked the Commission for their vote for Deputy Mayor. G. Commission Seat V - David McLeod: No Report. H. Mayor's Office - Paul P. Partyka: Mayor Partyka read a statement into the record. "Since this is the start of a new Commission, I thought this would be the time to review the City Attorney position. Frank has made some significant contributions during his service to the City since 1982 and on behalf of the City we thank him for his many years of service. But, in reviewing, I've taken into considerations comments and concerns from Commissioners and the demands put on Frank from various sources. Based on all these factors and for his own good, it is time to make a change; I've decided not to reappoint Frank Kruppenbacher. Therefore, we will be starting the process of selecting another City Attorney. I'm asking the City Commissioners for your input on the selection criteria and if you have any candidates for me to consider. After input and time to review the candidates, I will submit my nomination for your approval. As a target date, I would like to have your submissions by December 30th, ifthat's ok, and then that will give me time to review and perhaps submit a name by the first meeting in January." Discussion ensued. Motion was made by Commissioner Gennell for a vote of confidence for the City Attorney. Seconded by Commissioner McLeod. Discussion. V ote: Commissioner Miller: aye; Commissioner Blake: aye; Commissioner Martinez: aye; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. Manager McLemore stated that Mr. Kruppenbacher has responded to him in every way that he has asked him, and stated now with the his association with Bob Guthrie, he has a very strong legal team. Manager McLemore said he is very comfortable with the arrangement that we have and said he is Re2:ular Meetin2: City Commission December 8. 1997 97-98-05 Pa2:e 16 very pleased with the situation as it stands right now. Mayor Partyka said he appreciates the Commission's comments but his position still holds. Mayor Partyka said he would be willing to take this to an independent person for interpretation; until that point is clear it is his position that he has the responsibility and the ability to appoint a City Attorney. Discussion. Attorney Kruppenbacher thanked the Commission for the vote of confidence. Attorney Kruppenbacher said with regards to the Charter, it has been his understanding of the Charter that the Mayor has the authority to nominate to the City Commission, and make an appointment for City Attorney or City Clerk, and the Commission ratifies that or not. Until that appointment is ratified the persons who are sitting in their seats continue in their seats - is our under standing of that Charter, of the way it operates. Mr. Guthrie has analyzed it also independent of me. Attorney Guthrie stated that he agrees. Attorney Kruppenbacher said he serves at the Commission's pleasure and said at any time the Commission wants to replace us (Kruppenbacher and Guthrie), said he respects the Commission and said he will continue to work with the Commission and said he doesn't want to be at odds with the Commission. Attorney Kruppenbacher stated that he has served as the City Attorney since 1982 and said he has borne the brunt of many issues that were management issues and not legal issues and said he proudly serves as the City Attorney and that he has nothing to be embarrassed about and said he will not resign because one ofthe Commission asks him to. Attorney Kruppenbacher said he serves the Commission as a group not one person. Discussion. Commissioner Miller requested that until the Commission has an opportunity to discuss this with the Mayor further that this is held in abeyance and that nothing be done over the Holidays. Mayor Partyka said that is reasonable. Commissioner McLeod said for the record he would like to clarify that he and the Mayor has never discussed this particular situation regarding Attorney Kruppenbacher. Mayor Partyka agreed. The meeting adjourned at 12:20 p.m. Respectfully Submitted, Margo M. Hopkins, Re2:ular Meetin2: City Commission December 8.1997 97-98-05 City Clerk APPROVED: PAULP. PARTYKA, MAYOR Pa2:e 17