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HomeMy WebLinkAbout_1999 01 25 City Commission Regular Minutes CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING JANUARY 25, 1999 I. ROLL CALL Mayor Paul P. Partyka, (arrived after 6:30 p.m.) Deputy Mayor Cindy Gennell, present City Manager Ronald W. McLemore, present City Attorney Frank Kruppenbacher, absent Attorney Robert Guthrie, present City Clerk, Margo M. Pierce, CMC, present COMMISSIONERS: Robert S. Miller, present Michael S. Blake, present Edward Martinez, Jr., present David McLeod, present Invocation Pledge of Allegiance Agenda Changes The Regular Meeting of the City Commission was called to order by Deputy Mayor Cindy Gennell. There was a moment of silent prayer. Troop 1670 then led in the Pledge of Allegiance. Deputy Mayor Gemlell asked ifthere were any Agenda changes to the Amended Agenda, and hearing none, Deputy Mayor Gennell proceeded with the Agenda. II. PUBLIC INPUT Janet LaPlaca, 622 Murphy Road, Winter Springs, Florida: opposed restrictions on commercial vehicles regarding the City Code, and stated that this would be a financial hardship on her family. Ms. LaPlaca asked that this item be tabled for more discussion. Donna Baker, 615 South Edgemon Avenue, Winter Springs, Florida: also spoke regarding the restriction of commercial vehicles and also stated that this would be a hardship on her family. III. CONSENT AGENDA Community Development Department/Land Development Division A. Requests Commission approval of the Final Development Plan and the Final Engineering for Golfside Villas. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION - REGULAR MEETING JANUARY 25, 1999 PAGE20F8 Public Works Department B. Requesting authorization to enter into a Contractual Agreement for Street Resurfacing. City Clerk's Office C. Approval of Minutes of November 9, 1998. City Clerk's Office D. Approval of Minutes of November 16, 1998. City Clerk's Office E. Approval of Minutes of November 23, 1998. City Clerk's Office F. Approval of Minutes of December 7, 1998. City Clerk's Office G. Approval of Minutes of December 14, 1998. Commissioner Edward Martinez, Jr. stated that on page 3 of the Minutes of November 23, 1998, on the top line, regarding a Motion to approve "Ordinance 09". This should read "Ordinance 709". Commissioner Martinez then stated that on page 4 of the Minutes of December 14, 1998, on the top line, regarding the statement: "Commissioners disclosed that they were approached by Jim Stelling, regarding this". Commissioner Martinez then clarified this by saying, that "This is incon"ect. Some Commissioners said that they were approached by Jim Stelling - I never said that, and I don't want to be included. Then, I said that I was approached by Commissioner Randy Morris, requesting a delay or possibly tabling the Agenda Item in question, for a future date. So, I don't want to be included in that remark, because I never said anything Jim Stelling. Thank you". Deputy Mayor Gennell added, "I'll add to what Commissioner Martinez said, when I made my comment that night, I just said that I had been approached, and I didn't specify who approached me". Commissioner Michael S. Blake stated that "I concur with Commissioner Martinez' remarks on the other one - although I was approached by Mr. Jim Stelling, as I pointed out in the meeting". Commissioner McLeod asked a question on Consent Agenda Item B. There was a clarification by Staff. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION - REGULAR MEETING JANUARY 25, 1999 PAGE30F8 Commissioner Martinez than stated that he had a question on Consent Agenda Item A, regarding the Golf Villas and the related tree issue. Commissioner Blake next spoke about the December 14, 1999 minutes, and said that on page 2 of these minutes, "Under the last Consent Item, there is a note here that says that Commissioner Blake stated he would like to pull Item B for full hearing and move to Regular Agenda. That's me - apparently that was done, but I don't see it through the Regular Agenda, as well. And I wondering if it just got lost?" Commissioner Blake then said, "Why don't we pull the December 14th minutes, and have Margo check and find out. It may be in here, but, it's not clear to me whether or not it is". Ms. Margo M. Pierce, CMC, City Clerk stated that this was on page 6. Discussion ensued that Page 6 was missing from some of the December 14th minutes. The Minutes of December 14, 1998 were pulled from this Agenda, and the Commission asked that they be brought back at the next meeting, with consideration of tonight's comments from the Commission. Commissioner Miller added that on page 7 of the December 14, 1998 minutes, under Item E - "I inquired about the Ordinance of lowering the cover on gas pumps - it should read canopy". Deputy Mayor Gennell asked Staff about Item A of the Consent Agenda. There was discussion with Staff and the developer, Mr. Sheldon Greene if additional larger trees could be added, and Mr. Greene agreed to put larger trees. "MOTION TO APPROVE THE CONSENT AGENDA LESS THE MINUTES OF DECEMBER 14TH" - AND THE CHANGES TO THE NOVEMBER 23RD MINUTES". MOTION BY COMMISSIONER BLAKE. SECOND BY COMMISSIONER MCLEOD. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE; COMMISSIONER BLAKE: AYE; COMMISSIONER MARTINEZ: AYE; COMMISSIONER McLEOD: AYE. MOTION CARRIED. IV. INFORMATIONAL AGENDA None. V. PUBLIC HEARINGS None. VI. REGULAR AGENDA Community Development Department/Planning Division A. Requests the Commission table a First Reading of Ordinance 707 adopting the proposed Town Center District boundary and Town Center District Code until February 8, 1999. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION - REGULAR MEETING JANUARY 25, 1999 PAGE40F8 Mr. Ronald W. McLemore, City Manager advised the Commission on some scheduling changes, and asked that this be tabled until the February 22, 1999 Commission Meeting. Manager McLemore also asked that the Commission reschedule the Workshop of January 28, 1999 until another date. There was brief discussion regarding this. DEPUTY MAYOR GENNELL STATED, "PENDING THIS MOTION HERE, WE'LL RESCHEDULE FOR THE 11TH (FOR THE WORKSHOP)". "AND THE MOTION WILL BE TO POSTPONE THIS UNTIL FEBRUARY 22ND. SO, IS THERE A MOTION"? COMMISSIONER BLAKE STATED, "SO MOVED". SECOND BY COMMISSIONER McLEOD. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE; COMMISSIONER MARTINEZ: AYE; COMMISSIONER McLEOD: AYE; COMMISSIONER MILLER: AYE. MOTION CARRIED. Community Development Department B. Requests the Commission table an Interlocal Agreement between the City and the County which addresses the design, maintenance and construction responsibilities for the relocated Cross Seminole Trail segments located within the new Town Center. Manager McLemore also asked that this be postponed until the February 22, 1999 Commission Meeti ng. "SO MOVED". (MOTION \V AS MADE BY COMMISSIONER McLEOD TO TABLE THIS ITEM UNTIL FEBRUARY 22, 1999). MOTION BY COMMISSIONER McLEOD. SECOND BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE; COMMISSIONER McLEOD: AYE; COMMISSIONER MILLER: AYE; COMMISSIONER BLAKE: AYE. MOTION CARRIED. Public Works Department C. Presenting the Preliminary design of proposed traffic calming measures. Mr. Kip Lockcuff, P.E., Director, Public Works/Utility Department, and Mr. Terry Zaudtke, the City's Consulting Engineer gave a presentation on this topic to the Commission, including conceptual drawings and photographs from similar traffic calming measures found within the city limits of Orlando. Mayor Paul P. Par(yka arrived. The Commission and Staff discussed the different measures planned; the related costs; their preferences; and if"No Thru Trucks" signs could be used with this effort. Mr. Ken Rohuba, Wade Street, Winter Springs, Florida: spoke on this subject - specifically the trouble with truck traffic in the area. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION - REGULAR MEETING JANUARY 25, 1999 PAGE50F8 Tape IISideB There was further discussion on the possibility of closing streets, and street networks. "I'D LIKE TO MAKE A MOTION THAT WE APPROVE ITEM C AND MOVE IT FORWARD FOR THE DESIGNS AND IMPLEMENTATION". MOTION BY COMMISSIONER McLEOD. COMMISSIONER BLAKE ASKED, "DOES THAT INCLUDE CONTINUING OUT TO BID WITH ENGINEERING DESIGNS, AND EVERYTHING"? COMMISISONER McLEOD REPLIED, "THAT'S RIGHT". SECOND BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER GENNELL: AYE; COMMISSIONER lVlcLEOD: AYE; COMMISSIONER MI LLER: AYE; COMMISSIONER BLAKE: AYE; COMMISSIONER MARTINEZ: AYE. MOTION CARRIED. Mayor Partyka explained that he arrived late as he had attended the American Cancer Societies "Relay For Li fe" which was held at the Oviedo Marketplace Mall. Community Development Department/Code Enforcement Division D. Requests the City Commission consider the request of Trisha Sherven, 417 South Hawthorn Circle, to keep three dogs at her residence until December 31, 1999 in accordance with City Code Section 4-2. Ms. Sherven (and her fiance) spoke on this issue, and advised the Commission that Code Enforcement Officer Jimette S. Cook, and Mr. Ray Jarrett, City ArboristlCode Enforcement Officer had been very understanding and helpful regarding possible solutions to this situation. "I'LL MOVE TO GRANT PERMISSION TO MR. & MRS. SHERVEN TO KEEP THEIR DOGS - THE THREE (3) DOGS AT THE RESIDENCE, UNTIL DECEMBER 31 ST, 1999". MOTION BY COMMISSIONER GENNELL. SECOND BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE; COMMISSIONER MILLER: AYE; COMMISSIONER BLAKE: AYE; COMMISSIONER MARTINEZ: AYE; COMMISSIONER GENNELL: AYE. MOTION CARRIED. Community Development Department/Code Enforcement Division E. Requests the City Commission consider amending the City Codes that deal with commercial vehicle parking and fence and wall maintenance. Code Enforcement Officer Jimette S. Cook, addressed the Commission regarding this topic, and referenced Section 20-432 from the City's Code of Ordinances. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION - REGULAR MEETING JANUARY 25, 1999 PAGE60F8 There was much discussion on this item including previous violations; employee benefits; home-based business (occupational licenses); diversifying the tax base in the City of Winter Springs; designated land use; which areas of the City have the most violations; and staff that is assigned to the Code Enforcement Department. "I AM GOING TO MAKE A MOTION THAT WE TABLE THIS ITEM, FOR A COUPLE OF WEEKS, AT LEAST, SO THAT WE CAN LOOK AT THE LIST A LITTLE DEEPER, ANDPOSSIBL Y GIVE THE OPPORTUNITY TO COME UP WITH MAYBE SOME SOLUTIONS - THE CODE ENFORCEMENT OFFICER CAN INQUIRE INTO THE AREAS OF CASSELBERRY WHICH IS SIMILAR, AND OVIEDO, AND MAYBE YOU CAN COME UP WITH OTHER IDEAS THAT CAN SATISFY THE NEEDS OF THE PEOPLE THAT LIVE THERE, AS WELL AS THE NEEDS OF THE CITY". MOTION BY COMMISSIONER MARTINEZ. SECOND BY COMMISSIONER GENNELL. DISCUSSION. VOTE: COMMISSIONER MILLER: NAY; COMMISSIONER BLAKE: NAY; COMMISSIONER MARTINEZ: AYE; COMMISSIONER GENNELL: AYE; COMMISSIONER McLEOD: AYE. MOTION CARRIED. Community Development Department/Planning Diyision F. Requests the Commission direct staff to prepare a Large Scale Comprehensive Plan Amendment for the proposed Town Center. "I'LL MOVE FOR APPROVAL OF ITEM F". MOTION BY COMMISSIONER GENNELL. SECOND BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE; COMMISSIONER GENNELL: AYE; COMMISSIONER McLEOD: AYE; COMMISSIONER MILLER: AYE; COMMISSIONER BLAKE: AYE. MOTION CARRIED. City Manager - ADD-ON G. City Attorney requests the City Commission to approve Resolution 874 relative to the Lease Purchase of the Emergency Medical Rescue Transport Vehicle and authorize the Lease Purchase Financing and executing the Master Lease Purchase Agreement. Attorney Robert Guthrie stated that this was passed by the Commission at the January 11, 1999 Commission Meeting, but that this needed a Resolution for formal action for the lease purchase. Tape 2/SideA Discussion on the terms of the Lease document; Line Item transfers; fund balance; the lack of infornlation that the Commission had requested; and certain funds that were not receiving interest and improving this situation. "I WOULD LIKE TO MAKE A MOTION THAT WE MOVE FORWARD AGENDA ITEM G, AND HAVE A LEASE PURCHASE AGREEMENT CITY OF WINTER SPRINGS MINUTES CITY COMMISSION - REGULAR MEETING JANUARY 25,1999 PAGE70F8 EXECUTED BY THE CITY, THE MAYOR, AND THE CITY CLERK". MOTION BY COMMISSIONER McLEOD. SECOND BY COMMISSIONER GENNELL. DISCUSSrON. VOTE: COMMISSIONER MARTINEZ: NAY; COMMISSIONER GENNELL: AYE; COMMISSIONER McLEOD: AYE; COMMISSIONER MILLER: AYE; COMMISSIONER BLAKE: AYE. MOTION CARRIED. VII. REPORTS A. City Attorney - Frank Kruppenbacher No Report (from Attorney Guthrie). B. City Manager - Ronald \V. McLemore No Report. C. Commission Seat I - Robert S. Miller Commissioner Robert S. Miller asked if the Code Enforcement Department could check with other municipalities regarding the "Leash Laws" and then forward this information to the Commission. Commissioner Miller also stated that he had handed to the Mayor and Commission, two (2) reports regarding "adding trees along State Road 434 S.R. 434" and an "analysis pertaining to Code Enforcement". Commissioner Miller asked that the Commission contact the City Manager with any comments. Commissioner Miller also read a personal statement regarding the action of Mr. Harold Scott, at a previous Commission Meeting. Commissioner Miller made a Motion asking that the Mayor further act on the actions of Mr. Scott. Mayor Partyka stated that this Motion was "Out of Order". Mayor Partyka then read a statement that he had sent to Mr. Scott, at the request of the Commission. Discussion. D. Commission Seat n - Michael S. Blake Commissioner Blake spoke about the City's Retirement Plan, and asked the City Manager to check with SunTrust and make sure that funds are being deposited into our account, in a timely manner. E. Commission Seat In - Ed Martinez, Jr. Commissioner Martinez stated that he supported Commissioner Miller's request for more information on updating certain Code Enforcement issues. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION - REGULAR MEETING JANUARY 25, 1999 PAGE80F8 F. Commission Seat IV - Cindy Gennell Commissioner Gennell stated that the City is hosting the "Council of Local Governments in Seminole County" (CALNO) meeting on Wednesday, February 3, 1999, at City Hall, and invited the Mayor and Commission to attend. G. Commission Seat V - David McLeod Commissioner McLeod thanked Commissioner Miller for the analysis of Code Enforcement issues, that he had provided to the Commission. Commissioner McLeod also spoke about a memorandum that he had received from Mr. Harold Scott regarding the issuance of grants. H. Mayor's Office - Paul P. Partyka Mayor Partyka stated that he agreed with Commissioner Miller's concern with Code Enforcement issues. Mayor Partyka also stated that will be awarding several Proclamations at the February 8t\ 1999 Commission Meeting, which had been brought up at previous meetings. Mayor Partyka apologized to the City Manager for not permitting him to speak, earlier in the Meeting when an Item had been tabled. Mayor Partyka explained that he had followed Robert's Rules of Order regarding the issues pertaining to "Tabling". (Manager McLemore commented that the City Charter overrides Robert's Rules of Order). Discussion. VIII. ADJOURNMENT The meeting adjourned at 9:15 p.m. Respectfully Submitted: Margo M Pierce, CMC City Clerk '. '/,or .~< -~ Andrea Lorenzo-Luaces Interim City Clerk -- - \.