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HomeMy WebLinkAbout_1999 08 16 City Commission Regular Minutes CITY OF WINTER SPRINGS MINUTES CITY COMMISSION CONTINUATION OF THE AUGUST 9, 1999 REGULAR MEETING HELD ON AUGUST 16, 1999 I. CALL TO ORDER The Continuation of the Regular Meeting (of August 9, 1999) of the City Commission was called to order by Mayor Paul P. Partyka at 5: 11 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Mayor Paul P. Partyka, present Deputy Mayor Cindy Gennell, present Commissioner Robert S. Miller, present Commissioner Michael S. Blake, present Commissioner Edward Martinez, Jr., present Commissioner David W. McLeod, arrived at 5:52 p.m. City Manager Ronald W. McLemore, present Law Firm of Frank Kruppenbacher, P.A., Robert Guthrie, arrived at 5:17 p.m. Mayor Partyka requested that he be able to ask a question about Informational Agenda Item "F n. IV. INFORMATIONAL C. City Manager and Parks and Recreation Department Providing The City Commission Current Information Regarding Skate Park/Court Facilities For Public Use. D. City Manager Requests The City Commission Consider A Draft Ordinance Prepared By The City Attorney Amending Chapter 3, Alcoholic Beverages Of The City Code. E. Community Development Department - Engineering Division Requests The City Commission Review Information Regarding Golf Terrace Apartments, Phase II As To Setbacks, Fencing And Landscaping Requirements. F. City Clerk's Office The Interim City Clerk Requests The City Commission Review This Agenda Item For Information Regarding Some Of The Preliminary Details And Dates Pertaining To The Upcoming City Election. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION CONTINUA nON OF THE REGULAR MEETING OF AUGUST 9, 1999 HELD ON AUGUST 16, 1999 PAGE 2 OF II Mayor Partyka asked about the Election Board that is appointed by the Mayor. The Interim City Clerk explained that the Election Board were the Poll Workers. Mayor Partyka said, "We'll take a Motion to approve". "SO MOVED". MOTION (TO APPROVE THE INFORMATIONAL AGENDA) BY COMMISSIONER MARTINEZ. SECONDED. VOTE: COMMISSIONER BLAKE: AYE; COMMISSIONER MARTINEZ: AYE; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER MILLER: AYE. MOTION CARRIED. V. PUBLIC HEARINGS C. Community Development Department - Planning Division Requests The Commission Hold A Public Hearing For A Second Reading And Adoption Of Ordinance 724 On A Proposal To Adopt The GreeneWay Interchange District Large Scale Comprehensive Plan Amendment. Manager Ronald W. McLemore read Ordinance 724 by "title only". Attorney Robert Guthrie arrived at 5: 17 p. m. Discussion ensued on the future land use map; conservation areas; a high intensity land use being applied to a conservation area; the accuracy of maps; critically protected areas; Development Agreements; Comprehensive Plan Amendments; compatible uses; working with the Department of Community Affairs (DCA); suggesting that the City draft an Ordinance regarding the protection of wetlands; riparian rights; enforcing more stringent criteria to protect the wetlands; and regulating docks. Commissioner David W. McLeod arrived at 5:52 p.m. The Commission suggested that the City consider agenda items (on upcoming agendas) regarding restricting the "platting" into conservation areas; and to impose a building permit procedure for docks. Discussion. Mayor Partyka opened the "Public Input" portion of this program. Robert King, 2211 Black Hammock, Oviedo, Florida: spoke on the issue of the designation of conservation areas; high intensity lands; and the Friends of Lake Jesup. Hugh Harling: discussed (wetland) overlay areas; and encroachments. The "Public Input" portion of this program was closed. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION CONTINUA TION OF THE REGULAR MEETING OF AUGUST 9, 1999 HELD ON AUGUST 16, 1999 PAGE 30F 11 The Commission further discussed the property that had been added in (shown under Exhibit "A"); policies designated by the City; and representations of boundaries being adopted. "WE DO APPROVE THESE FUTURE LAND USE OF THE LARGE SCALE COMPREHENSIVE PLAN, ADOPTING AND CREATING A NEW FUTURE LAND USE FOR THE GREENEW A Y INTlERCHANGE - AND WITH THAT HOWEVER, I WOULD LIKE TO MAKE SURE THAT THE MAP THAT WE DO USE IS THE PROPOSED FUTURE LAND USE MAP OF THE GREENEW A Y INTERCHANGE THAT IS UNDER ATTACHMENT "C" MAP, RATHER THAN ATTACHMENT "A" MAP". MOTION BY COMMISSIONER McLEOD. SECONDED BY DEPUTY MAYOR GENNELL. COMMISSIONER McLEOD ADDED, "AND THAT HAS THE ADDED SECTION THAT IS BROUGHT DOWN, THAT IS NOT SHOWN ON THE MAP, UNDER "C", TO ADOPT THAT ON - A STRAIGHT LINE". DISCUSSION. Tape I/Side B Discussion ensued on advertising and notification to property owners. Mike Schrimsher, 600 East Colonial Drive, Suite 100, Orlando, Florida: spoke on how their property is affected, and asked for future notification. "I THINK I WILL MAKE AN AMENDMENT OF THE MOTION TO PULL THE SCHRIMSHER PIECE OUT, JUST SO THAT THERE IS NO MISUNDERST ANDING ON THIS PIECE OF PROPERTY. IF IT'S GOING TO BECOME AN ISSUE AT ANY POINT, THEN I'LL MAKE A MOTION THAT WE DO USE "C" MAP, AS THE "C" MAP IS ELIMINATING THE SCHRIMSHER PIECE OF PROPERTY. THAT'S THE AMENDMENT TO MY MOTION". MOTION BY COMMISSIONER McLEOD. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. Mayor Partyka clarified that "A vote of 'yes' is to approve the amendment, as Commissioner McLeod says, to remove that piece - a vote for the amendment is a 'yes"'. VOTE: COMMISSIONER MARTINEZ: AYE; COMMISSIONER BLAKE: AYE; COMMISSIONER MILLER: NAY; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER McLEOD: AYE. MOTION CARRIlED. Commissioner Blake then clarified, "The map has changed to show the conservation area intact". CITY OF WINTER SPRINGS MINUTES CITY COMMISSION CONTINUA TlON OF THE REGULAR MEETING OF AUGUST 9, 1999 HELD ON AUGUST 16, 1999 PAGE 40F II DISCUSSION. VOTE: DEPUTY MAYOR GENNELL: AYE; COMMISSIONER MARTINEZ: AYE; COMMISSIONER McLEOD: AYE; COMMISSIONER BLAKE: AYE; COMMISSIONER MILLER: AYE. MOTION CARRIED. Tape 2/Side A Mayor Partyka called a recess at 6:48 p.m. The meeting was called back to order at 6:58 p.m.. by Mayor Partyka. Mickey Grindstaff: as the Attorney for the Schrimsher organization that they were willing to proceed and they would appreciate courtesy notices. Mayor Partyka said, "Do we need a Motion to reconsider"? "SO MOVED". MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE; COMMISSIONER McLEOD: AYE; COMMISSIONER MARTINEZ: AYE; COMMISSIONER BLAKE: AYE; DEPUTY MAYOR GENNELL: AYE. MOTION CARRIED. Mayor Partyka then said, "I need a Motion to rescind the Motion that you had made earlier on Ordinance 724". "I'D LIKE TO MAKE A MOTION TO RESCIND IT". MOTION (TO RESCIND ORDINANCE 724) BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE; COMMISSIONER BLAKE: AYE; COMMISSIONER MILLER: AYE; COMMISSIONER McLEOD: AYE; DEPUTY MAYOR GENNELL: AYE. MOTION CARRIED. Mayor Partyka clarified that ''Now, at this point, there is no Motion". The Commission discussed the "public input" held earlier in the meeting. Mickey Grindstaff: reiterated his clients' concern with setbacks. "I'D LIKE TO MAKE A MOTION THAT WE GO AHEAD AND ADOPT THE LARGE SCALE COMPREHENSIVE PLAN AMENDMENT CREATING A NEW FUTURE LAND USE MAP DESIGNATION OF THE GREENE WAY INTERCHANGE DISTRICT, BUT THAT WE INCLUDE THE MAP "C" AND THAT WE GO AHEAD AND SQUARE THAT OFF TO INCLUDE THE SCHRIMSHER PROPERTIES AT THiS TIME". MOTION BY COMMISSIONER McLEOD. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION CONTINUA TION OF THE REGULAR MEETING OF AUGUST 9, 1999 HELD ON AUGUST 16, 1999 PAGE 50F 11 COMMISSIONER McLEOD ADDED TO HIS MOTION, "TO USE THE PROPOSED FUTURE LAND MAP - NOT THE CURRENT ONE". SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE; COMMISSIONER MILLER: AYE; COMMISSIONER MARTINEZ: AYE; COMMISSIONER McLEOD: AYE; DEPUTY MAYOR GENNELL: AYE. MOTION CARRIED. D. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For The First Reading Of Ordinance 725 To Adopt The GreeneWay Interchange Zoning District Text and Map. "MOTION TO READ BY TITLE ONLY". MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE; COMMISSIONER McLEOD: AYE; COMMISSIONER MARTINEZ: AYE; COMMISSIONER BLAKE: AYE; DEPUTY MAYOR GENNELL: AYE. MOTION CARRIED. Attorney Guthrie read Ordinance 725 by "title only". Mayor Partyka opened the "Public Input" portion of th is program. There was no public input. The "Public Input" portion of this program was closed. Mayor Partyka stated, "We need a Motion to move this forward". "SO MOVED". MOTION (TO MOVE IT FROM THE FIRST TO THE SECOND READING) BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER McLEOD, WHO SAID "THE MOTION THEN DOES INCLUDE THE MAP AS IN THE PREVIOUS AGENDA ITEM "C". DISCUSSION. COMMISSIONER MILLER STATED THAT "MR. MAYOR, I'D LIKE TO WITHDRAW MY MOTION". MOTION BY COMMISSIONER MILLER "I MOVE TO TABLE THIS". DEPUTY MAYOR GENNELL STATED, "I AMEND THE MOTION TO DELETE THAT PART OF THE AREA THAT IS DESIGNATED CONSERVATION EASEMENT, AND DELETE THE ZONING ON THAT PIECE AND MAKE IT APPLY ONLY TO THE BALANCE OF THE PROPERTY. SECONDED. DISCUSSION. VOTE ("TO AMEND; THIS VOTE IS FOR THE AMENDMENT; THE AMENDMENT IS TO DELETE THE CONSERVATION AREA"): DEPUTY CITY OF WINTER SPRINGS MINUTES CITY COMMISSION CONTINUA nON OF THE REGULAR MEETING OF AUGUST 9, 1999 HELD ON AUGUST 16, 1999 PAGE 60F 11 MAYOR GENNELL: AYE; COMMISSIONER MILLER: AYE; COMMISSIONER McLEOD: NAY; COMMISSIONER MARTINEZ: AYE; COMMISSIONER BLAKE: AYE. MOTION CARRIED. VOTE ("ON THE ORIGINAL MOTION; TO PASS IT ON FROM FIRST TO SECOND READING, WITHOUT THE CONSERVATION AREA; THE AMENDED MOTION"): COMMISSIONER BLAKE: AYE; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER MILLER: AYE; COMMISSIONER MARTINEZ: AYE; COMMISSIONER McLEOD: NAY. MOTION CARRIED. The next reading will be on the 23rd of August. E. Community Development Department - Planning Division Requests The City Commission Extend By Mutual Agreement With The Casscells Trust Property The Expiration Date Of Section 7 (b) Of The Casscells Interim Development Agreement From August 23,1999 To November 21,1999. Mayor Partyka opened the "Public Input" portion of this program. Margaret Casscells, 907 Old New England Avenue, Winter Park, Florida: asked to do this for sixty (60) days; and time constraints; until October 23rd as the date certain. The "Public Input" portion of this program was closed. "I'D LIKE TO MAKE A MOTION TO ACCEPT FOR SIXTY (60) DAYS". MOTION BY COMMISSIONER MARTINEZ. SECONDED BY DEPUTY MAYOR GENNELL. Mayor Partyka clarified that October 23 rd, 1999 would be the "date certain". DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE; COMMISSIONER McLEOD: AYE; COMMISSIONER MARTINEZ: AYE; COMMISSIONER MILLER: AYE; DEPUTY MAYOR GENNELL: AYE. MOTION CARRIED. VI. REGULAR Deputy Mayor Gennell said that in reviewing what had transpired during discussion regarding Regular Agenda Item "c" (the Parkstone issue), Deputy Mayor Gennell asked that signage be posted "On the uplands end of the uplands buffer". Manager McLemore clarified that this has been agreed to. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION CONTINUA TION OF THE REGULAR MEETING OF AUGUST 9, 1999 HELD ON AUGUST 16, 1999 PAGE 7 OF 11 D. Public Works Department Forwarding Applicants for the Oak Forest Wall and Beautification District Advisory Committee to the City Commission. The Commission made the following nomination for their selection for this Advisory Board: · Commission Seat 1 - Robert S. Miller nominated Mr. Thomas Helgeson. · Commission Seat 2 - Michael S. Blake nominated Mr. Albert Murro. · Commission Seat 3 - Edward Martinez, Jr. nominated Ms. Anna Fernandez. · Commission Seat 4 - Cindy Gennell nominated Mr. Dennis Norsesian. · Commission Seat 5 - David W. McLeod nominated Ms. Lorene "Lorie" Taylor. "MAYOR, MOTION TO APPROVE THE NOMINEES AS SUGGESTED". MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSONER MARTINEZ. VOTE: COMMISSIONER MILLER: AYE; COMMISSIONER MARTINEZ: AYE; COMMISSIONER McLEOD: AYE; COMMISSIONER BLAKE: AYE; DEPUTY MAYOR GENNELL: AYE. MOTION CARRIED. The Commission asked that letters be sent out to the nominated Board Members, and also to the remainder of the candidates. It was suggested that the individuals who were not nominated tonight, should be encouraged (in the letters to be sent) to attend the meetings for this advisory committee. E. City Manager Requests The City Commission Discuss Whom The City Clerk's Office Is Directly Responsible To; In Addition To Considering Resolution Number 740 Which Establishes The Rules For The Conduct Of Its Business. (This Item Was Previously Scheduled For The City Commission Regular Meeting Of July 12, 1999 And July 26, 1999). Discussion ensued on whom the City Clerk reports to on a daily basis; and that the City Clerk has to work closely with the City Manager. Tape 2/Side B The Commission discussed day-to-day practices; the relationships explained in the Charter; Resolution 740; the possibility of relinquishing powers granted by the Charter; working with the City Manager; policy directives; checks and balances; the Sunshine Law; the opinions of other area City Clerks such as partnerships, vacations and CITY OF WINTER SPRINGS MINUTES CITY COMMISSION CONTINUA TlON OF THE REGULAR MEETING OF AUGUST 9, 1999 HELD ON AUGUST 16, 1999 PAGE 80Fl1 evaluations; the Commission delegating through the City Manager on a day-to-day basis; and conflicts possibly associated with this arrangement. "I MOVE THAT WE ESTABLISH A RESOLUTION THAT PROVIDES FOR DELEGATING THE DAY TO DAY OPERATIONS OF THE CITY CLERK'S OFFICE TO THE CITY MANAGER". MOTION BY DEPUTY MAYOR GENNELL. Manager McLemore said, "And I would add to that in accordance with your rules and policies that you've set out, relative to that office". SECONDED BY COMMISSIONER McLEOD. DISCUSSION. COMMISSIONER BLAKE: NAY; COMMISSIONER MILLER: COMMISSIONER McLEOD: AYE; DEPUTY MAYOR GENNELL: COMMISSIONER MARTINEZ: AYE. MOTION CARRIED. VOTE: NAY; AYE; Discussion ensued about Resolution 740; and conflicts with the Charter. "I WOULD MOVE THAT WE RESCIND THIS RESOLUTION AND CHARGE THE CITY MANAGER WITH COMING BACK FOR A RECOMMENDED SUBSTITUTION". MOTION BY DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER MARTINEZ. "I WOULD LIKE TO AMEND THAT, TO THE FACT THAT WE LEAVE 740 IN PLACE AND WE DO DIRECT THE CITY MANAGER TO BRING BACK TO US AN AMENDED ONE, AND AT THAT TIME, THAT WE RESCIND 740". MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE (ON THE AMENDMENT): COMMISSIONER MARTINEZ: AYE; COMMISSIONER MILLER: AYE; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER BLAKE: AYE; COMMISSIONER McLEOD: AYE. MOTION CARRIED. VOTE (ON THE AMENDED MOTION): COMMISSIONER MILLER: AYE; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER MARTINEZ: AYE; COMMISSIONER BLAKE: AYE; COMMISSIONER McLEOD: AYE. MOTION CARRIED. VII. REPORTS A. Legal Counsel- Law Firm of Frank Kruppenbacher, P.A., Robert Guthrie No Report. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION CONTINUATION OF THE REGULAR MEETING OF AUGUST 9,1999 HELD ON AUGUST 16, 1999 PAGE 90F11 B. City Manager - Ronald W. McLemore Manager McLemore advised the Commission that he had filed a complaint regarding telephone vulgarity and threats that were made by a resident. Several members of the Commission asked that they be heard during this Commission Meeting. The telephone calls were played for the Commission. C. City Clerk - Andrea Lorenzo-Luaces (Interim City Clerk) The Interim City Clerk asked whom the letters to the appointed persons for the Oak Forest Advisory Board should be signed by. It was agreed that the letters should be signed by the Mayor. D. Commission Seat IV - Cindy Gennell Deputy Mayor Gennell asked about receiving the minutes from the Workshop regarding Commission Meeting procedures. Deputy Mayor Gennell then suggested that we consider previous comments about the Southern Building Codes. Deputy Mayor Gennell then asked that the Mayor to stop taking "Public Input" from the audience, when it is not appropriate. Deputy Mayor Gennell also asked about "point of orders". Regarding the number of votes necessary to adjourn, Deputy Mayor Gennell said that she would agree to "Three (3) votes", in the future. E. Commission Seat V - David W. McLeod Commissioner McLeod asked the Mayor when he would be appointing an Interim City Attorney. F. Commission Seat I - Robert S. Miller Commissioner Miller requested that the Mayor not poll the Commission again regarding allowing additional persons to speak. G. Commission Seat II - Michael S. Blake Commissioner Blake also discussed recognizing people In the audience, and related outbursts. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION CONTINUATION OF THE REGULAR MEETING OF AUGUST 9, 1999 HELD ON AUGUST 16, 1999 PAGE 10 OF 11 COMMISSIONER BLAKE THEN STATED THE FOLLOWING: "I'D LIKE TO MAKE A MOTION THAT THE COMMISSION DIRECT THE CHAIR TO NOT RECOGNIZE PEOPLE FROM THE AUDIENCE UNLES IT IS A PROVIDED PUBLIC INPUT TIME FOR THEM TO SPEAK". MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. VOTE:, COMMISSIONER BLAKE: AYE; COMMISSIONER MARTINEZ: AYE; COMMISSIONER MILLER: AYE; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER McLEOD: NAY. MOTION CARRIED. Commissioner Blake asked the Mayor's about the appointment for the City Clerk. Commissioner Blake inquired about the intersection of 434 and Central Winds Park; why an officer is posted there; and whether a light was planned. Mr. Kip Lockcuff, P.E., Public WorkslUtility Director mentioned that they would make the request for a light. H. Commission Seat III - Edward Martinez, Jr. Commissioner Martinez also discussed additional "Public Input" comments. COMMISSIONER MARTINEZ NOMINATED MR. JACK TAYLOR TO THE BOARD OF ADJUSTMENTS. MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE; COMMISSIONER BLAKE: AYE; COMMISSIONER MILLER: AYE; COMMISSIONER MARTINEZ: AYE; DEPUTY MAYOR GENNELL: AYE. MOTION CARRIED. Commissioner Martinez then asked Mayor Partyka about an appointment to the Regional Planning Council. Mayor Partyka asked that the Interim City Clerk remind him of this, tomorrow. I. Office of the Mayor - Paul P. Partyka Mayor Partyka thanked the commission for their comments. Mayor Partyka suggested that a Charter Review Committee be organized. Commissioner Blake commented that in the fall oflast year there was similar discussion. Manager McLemore said that he would do a position paper on this issue. Mayor Partyka asked about the status of Manager McLemore's contract. Manager McLemore said that he had been asked to bring it up at the next meeting. ':;:. -~ -: : ... -. ~ '. /- CITY OF WINTER SPRINGS MINUTES CITY COMMISSION CONTINUATION OF THE REGULAR MEETING OF AUGUST 9, 1999 HELD ON AUGUST 16, 1999 PAGE 11 OF 11 Regarding the City Attorney position, Mayor Partyka said that he would be putting out an RFP for a permanent City Attorney, similar to what the City of Altamonte Springs had previously done. Mayor Partyka also said that he would have an Interim City Attorney for the next meeting. Discussion. As to a permanent City Clerk nominee, Mayor Partyka also said that he would have more information on this, based on upcoming rulings. VIII. ADJOURNMENT Mayor Partyka adjourned the Regular Meeting of August 9, 1999 at 9:03 p.m. (on August 16, 1999). Respectfully Submitted By: Andrea Lorenzo-Luaces Interim City Clerk /"' -/ " PAULP. PARTYKA,MA NOTE: These minutes were approved at the AUguR t 23, 1999 City Commission Meeting.