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HomeMy WebLinkAbout_1998 12 14 City Commission Regular Minutes REGULAR MEETING CITY COMMISSION DECEMBER 14, 1998 The Regular Meeting of the City Commission was called to order by Mayor Paul P. Partyka at 6:30 p.m. ROLL CALL: Mayor Paul P. Partyka, present Deputy Mayor Cindy Gennell, present City Manager Ronald W. McLemore, absent Attorney Robert Guthrie, present John Drago, Assistant City Manager, present COMMISSINERS: Robert S. Miller, present Michael S. Blake, present Ed Martinez, present David McLeod, present II. PUBLIC INPUT Mel Glickman, 703 Aberdeen Court, stated that the Group called Compassionate friends, which is a support group for brevied parents, is donating a third bench at the nature trail in Winter Springs Central Winds Park. Art Gallow, 199 Nandina Terrace, thanked the Fire Department for the Santa Run and expressed his disapproval of the plan for the supermarket and apartments. Marshall Allen, 1065 Winter Springs Blvd., presented a lock to the City for the Chambers and also congratulated Mr. Drago on his appointment of City Administrator for the City of Longwood. Mickey Grindstaff, Attorney, spoke on the town center agenda item. III. CONSENT AGENDA Community Development Department/Building Division A. Requests the City Commission approve Resolution no. 872, providing for the establishment of Interim Services Fees and repeal of Resolution no. 833 passed and adopted November 11, 1997. Community Development Department/Land Development Division C. Requests the Commission approve the acceptance of the water and sewer system within the St. Johns subdivision for public ownership and maintenance. Community Development Department/Planning Division D. Requests the City Commission authorize the City Manager to order an appraisal of two (2) parcels of the Springs Land Investment, ltd., and (1) one parcel owned by Jessup Shores Partnership (a.k.a. Leerdam property), north ofS.R. 434 at Wagner's Curve. City Clerk's Office E. Approval of Minutes of Regular Meeting of October 12, 1998 F. Approval of Minutes of Special Meeting of October 15,1998 G. Approval of Minutes of Regular Meeting of October 26, 1998 Regular Meeting City Commission December 14. 1998 97-98-53 Page 2 H. Approval of Minutes of Special Meeting of November 2, 1998 City Manager - ADD-ON I. Requesting the City Commission approve a contract amendment with S.R.I. Planning and Architecture, Inc. Commissioner Blake stated he would like to pull Item B for full hearing and move it to the regular agenda. Commissioner Martinez had a question on Item G, the minutes for October 26th, on the second page first paragraph asked that this be checked as he opposed the item and asked that the tape be checked. Motion was made by Commissioner Blake to approve the Consent Agenda. Seconded by Commissioner McLeod. Discussion. Vote: Commissioner Miller: aye; Commissioner Blake: aye; Commissioner Martinez: aye; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. IV. INFORMATIONAL AGENDA Finance Department/Human Resources Division A. Informing the City Commission of the results of the 1998-1999 United Way Campaign. Mayor's Office B. Presentation of East Orlando (Winter Springs and Oviedo) American Cancer Society Relay for Life: Mayor Partyka read the information on the United Way Campaign. Mayor Partyka gave the gavel to the Deputy Mayor and gave a presentation on the Cancer Society's Relay for Life. Karen Kneely, from the Cancer Society, gave a brief presentation and showed a video. Motion was made by Commissioner McLeod to support the Relay for Life and for the upcoming event. Seconded by Commissioner Blake. Discussion. Vote: Commissioner Martinez: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Miller: aye; Commissioner Blake: aye. Motion passes. V. PUBLIC HEARINGS Community Development Department/Land Development Division A. Presents to the Commission the Second Public Hearing for the Development Agreement for Tuscawilla Tract 15. Parcell-C: Donald LeBlanc, Land Development gave his presentation. Commissioner Blake questioned whether this needed to be done as an ordinance. Attorney Guthrie said an ordinance is not needed for this. Regular Meeting City Commission December 14. 1998 97-98-53 Page 3 Mayor Partyka closed the Regular Meeting and opened the Public Hearing. No one wished to speak. Mayor Partyka closed the Public Hearing and reconvened the Regular Meeting. Motion was made by Commissioner McLeod to approve the Development Agreement as presented at the December 7th meeting. Seconded by Commissioner Miller. Discussion. Vote: Commissioner McLeod: aye; Commissioner Miller: aye; Commissioner Blake: aye; Commissioner Martinez: aye; Commissioner Gennell: aye. Motion passes. City Manager B. Requesting City Commission hold a Public Hearing for adoption of Ordinance No. 709, which abolishes the City of Winter Springs' Commerce & Industry Development Board: Attorney Guthrie read Ordinance No. 709 by title only on Second Reading. Mayor Partyka closed the Regular Meeting and opened the Public Hearing. No one wished to speak. Mayor Partyka closed the Public Hearing and reconvened the Regular Meeting. Motion was made by Commissioner McLeod to approve the adoption of Ordinance 709. Seconded by Commissioner Blake. Discussion. Vote: Commissioner Gennell: aye; Commissioner Martinez: aye; Commissioner Blake: aye; Commissioner Miller: nay; Commissioner McLeod: aye. Motion passes. Mayor Partyka presented plaques of appreciation to the Board Members who were present Mel Glickman, and Walt Dittmer. Community Development Department/Land Development Division C. Requests the Commission hold a Public Hearing and Second Reading for adoption of Ordinance NO. 710: Attorney Guthrie read Ordinance 710 by title on Second Reading. Mr. LeBlanc stated that the changes that were requested were made and stated that Chapter 20-465 needs to be included in the title. Discussion. Attorney Guthrie reread the title with the change and said this would come back for third reading. Commissioner Gennell said she would like Staff to look at issues adding verbiage to make the wall finished not just plain block. Discussion. There was discussion as to the definition of durable. Regular Meeting City Commission December 14. 1998 97-98-53 Page 4 Motion was made by Commissioner McLeod to read this ordinance by title only. Seconded by Commissioner Gennell. Discussion. Commissioner Gennell said she would like to have the word "opaque" changed to solid face". Discussion. It was determined that the word "opaque" would be changed to "solid 6 foot wall". Vote: Commissioner Blake: aye; Commissioner Miller: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Martinez: aye. Motion passes. City Manager D. Requesting the City Commission hold a Public Hearing and adopt Resolution 871 electing to use the uniform method of collecting non-ad valorem special assessments levied within the incor:porated area of the City: Discussion on this item. Mayor Partyka closed the Regular Meeting and opened the Public Hearing. No one wished to speak. Mayor Partyka closed the Public Hearing and reconvened the Regular Meeting. Motion was made by Commissioner Blake to approve Resolution 871. Seconded by Commissioner Martinez. Discussion. Vote: Commissioner Miller: aye; Commissioner Blake: aye; Commissioner Martinez: aye; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. V. REGULAR AGENDA Community Development Department/Planning Division A. Requests the Commission table a first reading of Ordinance No. 707 adopting the proposed Town Center District boundary and Town Center District Code until January 11. 1999: Motion was made by Commissioner Gennell to remove this item from the table. Seconded by Commissioner Martinez. Discussion. Vote: Commissioner McLeod: aye; Commissioner Gennell: aye; Commissioner Martinez: aye; Commissioner Blake: aye; Commissioner Miller: aye. Motion passes. Commissioner Blake disclosed that on Wednesday, December 9, 1998 he received a phone call from Mr. Jim Stelling who called him at home and told him that he (Stelling) and Randy Morris had been hired by the Schrimsher organization to represent them in certain lobbying efforts on this item that is currently coming before the Commission. Commissioner Blake said he is making this disclosure in accordance with the exparte rules that exist and stated that they did not discuss any potential business or issues relating to this item specifically. Commissioner Blake said one discussion that they did have was an invitation that had previously been put forth by this Commission to the Schrimsher organization to have an open meeting in a workshop format whereby the Schrimshers and any of their representatives could come before the Commission in an open meeting and give them a full hearing on any issues that they may have on the pending ordinance involving the land use in the Town Center Area. Commissioner Blake stated that he relayed that information to Mr. Stelling and told him that he would bring that up to the Commission tonight requesting setting a workshop to have the Regular Meeting City Commission December 14. 1998 97-98-53 Page 5 Schrimsher's or any other landowners in the Town Center area that would be affected by this ordinance as well as any members of the public to come forth and have a free discussion on what some of the issues are. Commissioner McLeod also disclosed that he had a conversation with Randy Morris and said the discussion was brief and said he mentioned to Mr. Morris that the City Staff needed another 30 days to work with the Schrimsher's on this and when that is done to hold as many workshops as needed to resolve whatever issues there are. Mayor Partyka stated that he has talked to Mr. Schrimsher, Mr. Grindstaff and Randy Morris on similar issues and said he has also talked to Mr. Vernon Kingsbury about his concerns. Commissioner Gennell said she likewise has been contacted by them but made no commitments to anybody, just that she reiterated what the Commission had offered in the past and that was to meet publicly with any interested property owners. Commissioner Martinez said he was approached by Commissioner Morris and said the suggestion was that we possibly set up some workshops to define and come to an understanding of what it is that they are trying to present to us and take it from there. Commissioner McLeod stated that he did bring this up with the City Attorney that the Commissioners can meet one on one with the property owners. Motion was made by Commissioner Blake to table this item to the second meeting in January (25th) at 6:30 p.m. Seconded by Commissioner Martinez. Discussion. Commissioner Martinez: aye; Commissioner Gennell: nay; Commissioner McLeod: aye; Commissioner Blake: aye; Commissioner Miller: aye. Motion passes. Community Development Department/Planning Division B. Requests the Commission consider approving an Interlocal Agreement between the City and the County which addresses the design maintenance and construction responsibilities for the requested Cross Seminole Trail segments located within the new Town Center: Charles Carrington, Community Development Director and Tom Grimms, Community Development Department, gave their presentation. Motion was made by Commissioner McLeod to table this item until the January 25th meeting. Seconded by Commissioner Gennell. Discussion. Commissioner Blake moved to suspend the motion. Seconded by Commissioner Gennell. Commissioner Blake said he would like to also add the County. Vote: Commissioner Blake: aye; Commissioner Miller: aye; Commissioner Martinez: ,aye; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. Regular Meeting City Commission December 14. 1998 97-98-53 Page 6 Community Development Department/Land Development Division C. Requests Commission approval of the Final Engineering for the Kash n' Karry/Courtney Springs Apartments site: Mr. LeBlanc gave his presentation. Motion was made by Commissioner McLeod to approve the final engineering for the Kash n' Karry/Courtney Springs Apartments site. Seconded by Commissioner Gennell. Discussion. It was determined to add that this approval is contingent upon the execution of the development agreement. Vote: Commissioner Miller: aye; Commissioner Blake: aye; Commissioner Martinez: aye; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. Community Development Department/Code Enforcement Division D. Requests the City Commission hold a First Reading of Ordinance No. 711 to amend Chapter 5. Arbor. Ordinance No. 451. of the Code of Ordinances. City of Winter Springs: Mr. Carrington and Jimmette Cook, Code Officer, gave their presentation. Motion was made by Commissioner Martinez to read Ordinance 711 by title only. Seconded by Commissioner Blake. Discussion. It was suggested to delete the word "alternative on enforcement" and have it state "in the alternative". Commissioner Miller asked about fines. Vote: Commissioner Martinez: aye; Commissioner Blake: aye; Commissioner Miller: aye; Commissioner McLeod: aye; Commissioner Gennell: aye. Motion passes. City Manager - ADD-ON E. Requesting the City Commission authorize the revised sick leave buy back plan: Mr. Drago gave his presentation and stated that the City Manager recommends option 2. Discussion. Motion was made by Commissioner McLeod to approve the buy back plan option 2, and to by back within 6 years. Seconded by Commissioner Blake. Discussion. Vote: Commissioner Gennell: aye; Commissioner Miller: aye; Commissioner Martinez: aye; Commissioner McLeod: aye; Commissioner Blake: aye. Motion passes. Commissioner Gennell stated that she would like to add an item on the agenda for the nomination of Deputy Mayor for 1999, Commissioner Martinez nominated Commissioner Gennell for Deputy Mayor. Seconded by Commissioner Miller. Discussion. Vote: Commissioner Miller; aye; Commissioner Blake: nay; Commissioner Martinez: aye; Commissioner Gennell: aye; Commissioner McLeod: nay. Motion passes. Commissioner McLeod nominated Commissioner Blake for Deputy Mayor. Seconded by Commissioner Blake. Discussion. There was discussion regarding having one person hold the position for more than one year. Vote: Commissioner Blake: aye; Commissioner Regular Meeting City Commission December 14. 1998 97-98-53 Page 7 Gennell: nay; Commissioner Martinez: nay; Commissioner McLeod: aye; Commissioner Miller: nay. Motion failed. Mayor Partyka asked for voice vote on Commissioner Gennell for Deputy Mayor. There was three ayes and two nays. Deputy Mayor will be Commissioner Gennell. The next item was moved from the Consent Agenda to the Regular Agenda. Mayor's Office B. Requesting City Commission adopt Resolution No. 870 supporting the implementation of domestic service at the Orlando Sanford Ai:cport: Mayor Partyka stated that he had asked Mayor Dale for a summary of the noise abatement and said he never received it. Mayor Partyka stated that most of the issues of noise has been handled and said the regulations would start in 1999. Discussion. Commissioner Blake said he would like to recommend that the Commission not take action on this Resolution. No Action on this item. VI. REPORTS A. City Attorney - Frank Kruppenbacher Attorney Guthrie gave the Commission a copy of the replied notice of argument regarding the City Charter. Attorney Guthrie also stated regarding exparte communication he discourages a one on one discussion. Attorney Guthrie also stated that the lP.A. between the City of Oviedo and the County will be on the 11 th agenda. Discussion. Mayor Partyka stated that he and Commissioner Blake will continue to monitor this. B. City Manager - Ronald W. McLemore Absent. C. Commission Seat IV - Cindy Gennell No Report. D. Commission Seat V - David McLeod No Report. E. Commission Seat I - Robert S. Miller Commissioner Miller asked about making a change to the ordinance to lower canopy heights. Rel!ular Meetinl! City Commission December 14. 1998 97-98-53 Pal!e 8 F. Commission Seat II - Michael S. Blake No Report. G. Commission Seat III - Ed Martinez, Jr. Commissioner Martinez asked that the Fire Chief and City Manager look into returning to regular burning. Fire Chief Lallathin stated that by direction of the Commission a few years ago all burning in the City is banned. H. Mayor's Office - Paul P. Partyka Mayor Partyka wished all present Happy Holidays. The meeting adjourned at 9:40 p.m. Respectfully Submitted, Margo M. Pierce, CMC City Clerk . ...~, "": ~..: \. r- ' F\". .".-' , APPROVEliy' . .. '" - T .~ ;- r =- ..... 'C '"" " '" ~ c.. :;:' ?,_.: /. :Pel vtL P..}:>q~tj~Rel ...'- ry ..::' "'~.,~ ,....... . A' _; PAUL p,.~~rXKA, MAYOR ~oI/r ~ _..,'...... ..: ~ ~ .' Excerpt from the December 14, 1998 City Commission Regular Meeting, under Regular Agenda Item "D": Attorney Guthrie read Ordinance number 711 by "title only". Attorney Guthrie said, "In tradition, Mayor, we just have a Motion to move this on to second reading". "SO MOVED". MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. COMMISSIONER MILLER: AYE; COMMISSIONER BLAKE: AYE; COMMISSIONER MARTINEZ: AYE; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER McLEOD: AYE. MOTION CARRIED. Docs\COMMISSl\minutes\1998\Excerpt December 141998, Regular D, Arbor.doc / Excerpt Submitted by: