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HomeMy WebLinkAbout_1999 04 26 City Commission Regular Minutes CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING APRIL 26, 1999 I. CALL TO ORDER The Regular Meeting of the City Commission was called to order by Deputy Mayor Cindy Gennell at 6:30 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). A moment of silent prayer was followed by the Pledge of Allegiance, and Roll Call. Mayor Paul P. Partyka, arrived 7:01 p.m. Deputy Mayor Cindy Gennell, present Commissioner Robert S. Miller, present Commissioner Michael S. Blake, present Commissioner Edward Martinez, Jr., arrived at 7:50 p.m. Commissioner David W. McLeod, present City Manager Ronald W. McLemore, arrived at 6:33 p.m. Law Firm of Frank Kruppenbacher, P.A., Robert Guthrie, present City Manager Ronald W McLemore arrived at 6:33 p.m. II. PUBLIC INPUT Gene Lein, 1173 Winged Foot Circle, Winter Springs, Florida: spoke about what he felt was a less than desirable audio system. Mr. Lein suggested that the persons on the dais use "lapel" microphones. Greg Young, 1812 Seneca Boulevard, Winter Springs, Florida: spoke on the accident that happened this weekend on Seneca Boulevard, and asked that the problems on this street be taken care of. Mr. Young applauded the City of Winter Springs Fire and Rescue, and Police Department, in addition to Orlando Regional Medical Center personnel that assisted with the rescue of the injured party. Commissioner Michael S. Blake also complimented the professionalism and efforts of area rescue personnel, and mentioned his concern about Seneca Boulevard, in addition to other area streets. In addition, Commissioner Miller spoke on traffic problems. Ellen Weiss, 1203 Winter Springs Boulevard, Winter Springs, Florida: asked where the "finished product" ("Final Version of the Questions and Answers") regarding the Tuscawilla Lighting & Beautification District Advisory Committee was. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 26, 1999 PAGE 2 OF II Commissioner David W. McLeod asked that the copy (of the Questions and Answers) in the lobby be changed out prior to the next meeting. He asked that the Commission be notified if this cannot be done. Commissioner McLeod and Deputy Mayor Gennell agreed that the Interim City Clerk should notify Ms. Weiss when a copy (of the "Final Version of the Questions and Answers") is available. III. CONSENT AGENDA Fire Department A. Requesting authorization for expenditures from the Medical Transport Fund for Heart Monitor Defibrillators. Finance Department B. Requests the City Commission adopt the Fiscal Year 1999/2000 budget Calendar. City Clerk's Office C. Approval of Minutes of the Regular Meeting of January 25, 1999 "MOTION TO APPROVE THE CONSENT AGENDA". MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE; COMMISSIONER BLAKE: AYE; COMMISSIONER McLEOD: AYE. MOTION CARRIED. IV. INFORMATIONAL AGENDA Community Development Department/Code Enforcement Division A. Requests the City Commission review changes to the code regulating commercial vehicle parking. The Commission discussed this Agenda Item in depth, including off-site/on-site parking; vehicle length; parking; lettering on vehicles; and previous enforcement of this Ordinance. Mayor Paul P. Partyka arrived at 7:01 p.m. The Mayor stated that there will be a 151 Reading on this proposed Ordinance on May 10, 1999. Bob Rode, 617 David Street, Winter Springs, Florida: asked about the number of commercial vehicles that could be parked at a residence, and he asked about lettering on vehicles. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 26, 1999 PAGE30Fl1 Frank Hooper, 407 Alderwood Street South, Winter Springs, Florida: addressed the parking of commercial vehicles in neighborhoods; and mentioned that most commercial vehicles are only parked from night to early moming in many subdivisions. Mr. Hooper handed out a letter to the Commission, and asked that it be read twice. Tape 2/Side B The Commission discussed the wording of the proposed Ordinance. The Commission asked Staff for clarifications regarding the following aspects of the proposed Ordinance: · Management to suggest the appropriate fee schedule for permit fees and replacement permit costs . Off-site/on-site wording . "Least Conspicuous" parking location options · Examples of "delivery" or "hauling-type" vehicles (as in the proposed Section 20- 432) · The length of vehicles should be specified as twenty-two (22) feet (as in Item 6 of the proposed Section 20-433) · "In front of' building line (as in Item 7 of the proposed Section 20-433) · Add "opaque" to fence designation (as in Item 8 of Section 20-433 of the proposed Ordinance) · The consensus of the Commission was for a two (2) year exemption period · The cost of inspections of "types of vehicles" should be included in the administrative costs . Hidden parking (back yards) · The height should be specified as eight (8) feet (to Item 6 of the proposed Section 20-433) · The word "vehicle" should be used instead of just "pick-up" (as in Item 6 of the proposed Section 20-433) Fire Department B. Requests that the City Commission review The State of Florida, Office Of The Governor, Executive Order Number 99-88. "I'D LIKE TO MAKE A MOTION TO ACCEPT THE INFORMATIONAL AGENDA". MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE; COMMISSIONER McLEOD: AYE; COMMISSIONER BLAKE: AYE; DEPUTY MAYOR GENNELL: AYE. MOTION CARRIED. Mayor Partyka called a recess at 7:45 p.m. Commissioner Edward Martinez, Jr. arrived at 7:50 p.m. Mayor Partyka reconvened the meeting at 7:59 p.m. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 26, 1999 PAGE4 OF 11 v. PUBLIC HEARINGS Community Development Department A. Requests the Commission hold a Public Hearing for the Second Reading of Ordinance 707 to adopt the proposed Town Center District boundary and Town Center District Code. Manager McLemore handed out a copy of a letter from Joshi & Associates, Inc. that had just been received via facsimile. The letter addressed an agreement to purchase - between Joshi & Associates, Inc. and Schrimsher Properties. Discussion. Michael Grindstaff, 20 North Orange Avenue, Suite 1000, Orlando, Florida: addressed the current situation involving Joshi & Associates, Inc. and the Schrimsher organization. "WHY CAN'T WE JUST POSTPONE THE SECOND READING UNTIL THE NEXT COMMISSION MEETING, BASED UPON THE NEXT COMMISSION MEETING THAT WE RECEIVE A LETTER FROM EACH ONE TO MR. McLEMORE, THE CITY MANAGER GETS ACKNOWLEDGEMENT BY BOTH PARTIES THAT AN AGREEMENT HAS BEEN EXECUTED, THEN WE WILL THEN HOLD THE TOWN CENTER PLAN AND ITS' CODES UNTIL OCTOBER 1ST COMMISSION MEETING". MOTION BY COMMISSIONER McLEOD. SECOND BY COMMISSIONER BLAKE. THE MOTION WAS AMENDED TO INCLUDE THAT THIS ITEM BE TABLED UNTIL THE MAY 10TH COMMISSION MEETING. (AMENDED) MOTION BY COMMISSIONER McLEOD. (AMENDED) SECOND BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE; COMMISSIONER MILLER: NAY; COMMISSIONER MARTINEZ: AYE; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER McLEOD: AYE. MOTION CARRIED. Community Development Department/Planning Division B. Requests the City Commission approve the Second Reading for adoption of Ordinance Number 685, to ann"ex a 17.41 acre parcel. Mayor Partyka asked that Attorney Robert Guthrie read the Ordinance by "title only", which he did. Th(;: Mayor opened the meeting up for "Public Input". The Mayor then closed the "Public Input" portion. "I'M THRILLED TO MAKE THE MOTION TO ADOPT ORDINANCE 685". MOTION BY COMMISSIONER BLAKE. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 26, 1999 PAGE 5 OF 11 COMMISSIONER BLAKE ADDED, "TO ANNEX IN THE 17.41 ACRES AND MAKE IT PART OF THE CITY OF WINTER SPRINGS". SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE; COMMISSIONER MILLER: AYE; COMMISSIONER MARTINEZ: AYE; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER BLAKE: AYE. MOTION CARRIED. Community Development Department C. Requests the Commission hold a Public Hearing and adopt the proposed Interlocal Agreement between the City and the County addressing the design, maintenance and construction for the relocated Cross Seminole Trail segments located within the new Town Center scheduled for second reading and adoption on April 26, 1999. There was brief discussion regarding whether or not this matter should be tabled; and potential liability problems. "I'D LIKE TO MAKE A MOTION THAT WE TABLE (PUBLIC HEARINGS) ITEM "C", UNTIL THE MAY 10TH, 1999". MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR GENNELL: VOTE: COMMISSIONER MARTINEZ: NAY; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER McLEOD: AYE; COMMISSIONER BLAKE: AYE; COMMISSIONER MILLER: NAY. MOTION CARRIED. VI. REGULAR AGENDA City Manager A. Requesting that the City Commission provide direction regarding the approval/disapproval of the City's support of domestic service at the Orlando Sanford Airport. There was brief discussion by the Commission regarding the potential impact on our community; funding; and potential future encroachment on airspace. "I WILL MAKE THE MOTION THA T WE DO APPROVE FOR THE DOMESTIC SERVICE AT THE ORLANDO/SANFORD AIRPORT AND HOPING TO HELP HAVE THAT FUNDED BETTER AND WITH OUR SUPPORT HOPING THEN THAT SANFORD WILL LOOK BACK AND PUT SOME PEOPLE FROM HERE ON THOSE BOARDS." MOTION BY COMMISSIONER McLEOD. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. VOTE: COMMISSIONER MILLER: NAY; COMMISSIONER BLAKE: NAY; COMMISSIONER MARTINEZ: NAY; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER McLEOD: AYE. MOTION DID NOT CARRY. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 26, 1999 PAGE 6 OF II Community Development Department B. Requests the Commission review the attached Moss Cove Redevelopment Program with Wyman Fields Foundation for the rehabilitation and condominium conversion of apartments located in the Lori Ann Lane area. Chief Executive Officer Candice Birle will make a presentation to update the Commission on the current status of the program following the feasibility study period. Ms. Candice Birle with the Wyman Fields Foundation presented various slides and renderings, which depicted the proposed project. Tape 2/Side A There was discussion on the rehabilitation of the units; improving and controlling the overall neighborhood; and funding, costs and grants. Further discussion ensued on median incomes; grant dollars; retail unit prices; and management fees. The Commission also asked whether the units on Garden Street had been considered for this project, and Ms. Birle's broker stated that they were aware of these units. "I'D LIKE TO MAKE A MOTION THAT THE COMMISSION AUTHORIZE THE CITY MANAGER TO ENTER INTO NEGOTIATIONS WITH THE TEAM, IN A JOINT EFFORT TO DEVELOP A CONTRACT TO GO FORWARD WITH THIS PROJECT". MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE; COMMISSIONER McLEOD: AYE; COMMISSIONER BLAKE: AYE; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER MILLER: AYE. MOTION CARRIED. City Manager C. Requesting that the City Commission provide direction regarding the City Clerk's Office providing administrative support to the Chairperson of the Council of the Council of Local Government's in Seminole County (CALNO). "I MOVE THAT THIS CITY CONTINUE SUPPORTING THE CALNO REPRESENTATIVE IN THE CAPACITY OF CHAIRMAN OF THAT BODY". MOTION BY DEPUTY MAYOR GENNELL TO APPROVE REGULAR ITEM "C". SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE; COMMISSIONER McLEOD: AYE; COMMISSIONER MARTINEZ: AYE; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER BLAKE: AYE. MOTION CARRIED. City Manager and City Attorney D. Request the City Commission provide direction relative to conducting a referendum on the issue of fluoridation of the City water system in the November 2, 1999 General Election. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 26, 1999 PAGE70FIl The Commission discussed with Manager McLemore and Attorney Guthrie verbiage; and several issues pertaining to fluoridation. Mayor Partyka called a recess at 9:25 p.rn, The meeting was called back to order at 9:33 p.m. by Mayor Partyka. The Commission briefly discussed the proceedings, and parliamentary procedures. "I WOULD LIKE TO MAKE A MOTION, AT THIS TIME THAT WE PLACE THE FLUORIDATION ISSUE ON THE REFERENDUM, FOR NOVEMBER 2, 1999 GENERAL ELECTION, AND LET THE PEOPLE DECIDE WHETHER THEY WANT IT OR NOT, AND BASED ON THEIR VOTE, WE CAN MAKE OUR DECISION". MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER MILLER. DISCUSSION. Attorney Guthrie clarified that "We'll bring back an Ordinance, that will set forth the ballot question and direct the Supervisor of Elections to place this on the ballot, and do some other formalities that are required, but his Motion is satisfactory to give that direction" . VOTE: DEPUTY MAYOR GENNELL: AYE; COMMISSIONER McLEOD: NAY; COMMISSIONER MILLER: AYE; COMMISSIONER BLAKE: AYE; COMMISSIONER MARTINEZ: AYE. MOTION CARRIED. Attorney Guthrie added that this issue will come back to the Commission as an Ordinance. City Manager E. Requests the City Commission approve Resolution Number 878 authorizing the City Manager to take certain steps, required by Securities and Exchange Commission rules, to comply with the City's preliminary official statement regarding the proposed issuance by the City of an Improvement Refunding Revenue Bonds, Series 1999 in a sum not to exceed $8,500,000. Mr. Michael Williams with the Law Firm of Carlton Fields briefly addressed such matters as the accuracy of the Bond; drafts of the document; and "going to market". 'I'LL MAKE A MOTION THAT WE APPROVE RESOLUTION 878". MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER McLEOD: AYE; COMMISSIONER BLAKE: AYE; COMMISSIONER MILLER: AYE. MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 26, 1999 PAGE 8 OF II City Manager F, Requests the City Commission provide direction relative to the conditions to be imposed regarding the deannexation of the property at 2020 Winter Springs Boulevard (Classic Properties; Alan Davis, Owner) from the City of Oviedo and the annexation of said property into the City of Winter Springs. Tape 2/Side B Attorney Guthrie, Manager McLemore and the Commission addressed such matters as "finite" time; providing service; waiving annexation fees; "due notice"; and payments. "I'D LIKE TO MAKE A MOTION. THE MOTION WOULD BE TO WAIVE THE ANNEXATION APPLICATION FEE; REQUIRE THE PROPERTY OWNER TO BE SERVED BY THE CITY OF WINTER SPRINGS WATER; REQUIRE THE PAYMENT OF THE COST OF THE CONNECTION AND THE WATER METER INSTALLATION AT THE THEN APPLICABLE RATE BUT ALLOW FOR THE PAYMENT OF SAID SUMS OVER A THREE YEAR PERIOD, AND AT AN INTEREST RATE REFLECTING OUR COST OF MONEY PLUS 1 %; AND THEN A LIEN BE PLACED AGAINST THE PROPERTY FOR THE UNPAID BALANCE". MOT][ON BY COMMISSIONER McLEOD. MOTION DIED FOR LACK OF A SECOND. There was further discussion regarding services provided by the City of Oviedo; giving notice; and fire hydrants. "I'D LIKE TO MAKE ANOTHER MOTION. WAIVE THE ANNEXATION APPLICATION FEE; REQUIRE THE PROPERTY OWNER TO BE SERVED BY THE CITY OF WINTER SPRINGS WATER; REQUIRE THE PAYMENT OF THE COST OF THE CONNECTION AND THE WATER METER INSTALLATION AT THE THEN APPLICABLE RATE BUT ALLOW THE PAYMENT OF SAID SUMS OVER A TWO AND A HALF YEAR PERIOD - OR THIRTY (30) MONTHS; AND AN INTEREST RATE REFLECTING OUR COST OF MONEY PLUS 1 %; A LIEN WILL BE PLACED AGAINST THE PROPERTY OWNER FOR THE UNPAID BALANCE". MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER BLAKE: NAY; COMMISSIONER MARTINEZ: NAY; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER McLEOD: AYE; COMMISSIONER MILLER: AYE. MOTION CARRIED. VII. REPORTS A. City Attorney - Frank Kruppenbacher Attorney Guthrie addressed the research he had completed regarding issues pertaining to alcohol; adult entertainment; and what the City of Casselberry had done regarding these CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 26. 1999 PAGE90F 11 issues. Deputy Mayor Gennell suggested that if this could be done on a referendum, and with limited costs, that we go ahead with this matter. Attorney Guthrie suggested that we follow the City of Casselberry's findings. Attorney Guthrie agreed that he would obtain further information regarding this matter, and he agreed to bring information back to the Commission - "as soon as possible". Attorney Guthrie then spoke about "Paul Savage's letter from the Arthur England's firm, on the issue of pursuing costs in the case we have on appeal to the 5th District Court of Appeals, the Mayor versus the Commissioner's of the City, and we need direction as to whether to go after those costs, or not". "I WOULD MAKE A MOTION THAT THIS COMMISSION DIRECTS HIS LEGAL STAFF TO TAKE THE APPROPRIATE ACTIONS TO PURSUE THOSE REMEDIES". MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR GENNELL: AYE. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE; COMMISSIONER McLEOD: AYE; COMMISSIONER BLAKE: AYE; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER MILLER: AYE. MOTION CARRIED. B. City Manager - Ronald W. McLemore Manager McLemore did not present a report, C. Commission Seat II - Michael S. Blake Commissioner Blake asked if filing cabinets could be used to house the materials that are currently in boxes, in some of the offices at City Hall. Manager McLemore agreed that this could be done, and that additional filing cabinets could be purchased if necessary; and that he would check on the status of the intern working in the Human Resources Department. Commissioner Blake then again applauded the Police and Fire Departments for their response (regarding the accident on Seneca Boulevard, over the weekend). Next, Commissioner Blake inquired whether the City could go ahead with the planned Fireworks display (for May 1, 1999), and if recent Orders from the Governor had affected the planned event. There was discussion on safety and liability issues. D. Commission Seat III - Ed Martinez, Jr. Commissioner Martinez briefly mentioned the CUlTent legal issue between the Mayor and the Commission. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 26, 1999 PAGE 100F II Commissioner Martinez then asked if the Commission could receive an update (in writing) regarding situations pertaining to the new Hess Station. Commissioner Blake also commented on compliance problems with the Hess Station, as they pertained to the 434 Vision Corridor guidelines. Commissioner Blake further stated that the Certificate of Occupancy should not have been issued on this project - until everything was in order. Commissioner Martinez inquired whether we could check into issues regarding controlling high interest rates pertaining to title loans, in order to preserve "home rule". Commissioner Martinez said that he would get the House or Senate Bill Number, and then contact Attorney Guthrie. Attorney Guthrie agreed to respond in writing, regarding this matter. Mayor Partyka then added, "Let me just correct one thing, just for the record - the one that we were supposed to send a letter to, was the Video Gambling". Commissioner Martinez then asked if we could check on locating a site for a rollerblading, etc. for our area young people - as the liability issue had recently been taken care of. E. Commission Seat IV - Cindy Gennell Deputy Mayor Gennell nominated Ms. Sally McGinnis to the Beautification of Winter Springs Board. MOTION BY DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE; COMMISSIONER BLAKE: AYE; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER MILLER: AYE; COMMISSIONER MARTINEZ: AYE. MOTION CARRIED. Deputy Mayor Gennell spoke about the Cross Seminole Trail, and asked if the Commission would each contact their State Representatives regarding the "Extra $100,000 in their budget, in order to preserve that two-some million dollar pedestrian overpass here, over 434". Discussion. Mayor Partyka asked if Manager McLemore would send a letter (on behalf of the Mayor), regarding this matter, tomorrow. Manager McLemore agreed to do this. Deputy Mayor Gennell inquired about the Commission considering how corporate logos are actually incorporated as a part of the City's Sign Code. F. Commission Seat V - David McLeod No report by Commissioner McLeod. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 26, 1999 PAGE 11 OF 11 G. Commission Seat I - Robert S. Miller Commissioner Miller inquired about the "Texaco" station's request for a variance that is scheduled to come before the Board of Adjustments. Commissioner Miller asked Manager McLemore to see if the Charles Street landscaping could be done in the next week or so, He also asked that he be notified as soon as possible, as to the estimated date of completion for this project. Commissioner Miller then asked if Staff could get started with matters concerning the "Old Town Center". Commissioner Blake inquired whether we could check on the signage on the tractor- trailers at the Contravest construction site. Manager McLemore said that he would check on this tomorrow. H. Mayor's Office - Paul P. Partyka Mayor Partyka did not have a report. VIII. ADJOURNMENT Mayor Partyka adjourned the meeting at 10:29 p.m. Respectfully Submitted By: Andrea Lorenzo-Luaces Interim City Clerk ,? ....- . :-:: .;.. - ....- PAUL~,' P:A:R TYKA, NOTE: These minutes were approved at the JupP. 28 , 1999 City Commission Meeting,