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HomeMy WebLinkAbout_1999 12 13 City Commission Regular Minutes CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING DECEMBER 13, 1999 I. CALL TO ORDER The Regular Meeting of December 13, 1999 ofthe City Commission was called to order by Mayor Paul P. Partyka at 6:35 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). A moment of silence was followed by the pledge of Allegiance. PRESENTATIONS Mayor Partyka read Resolutions 906 and 907 respectively in their entirety, which recognized Commissioner David McLeod and Commissioner (Deputy Mayor) Gennell for their previous serviceo,n two of the City's Advisory Boards. Proclamations were then awarded by Mayor Partyka, in honor of Ms. Amy Giles; Mr. Glen Wilson, and Ms. Kristie Johnson, as members of the Seminole County All-County Cross-Country Team, representing Winter Springs High School - for their efforts as some of the best runners in the county. Next, Proclamations were awarded to Ms. Gretchen Naruta, Ms. Cortney Bliss, Ms. Kris Dedelow, Ms. Amanda Gilliard, and Ms. Bev Dedelow, under the direction of the Coach of the Year, Ms. Kim Vach, as members of the Seminole County All-County Girl's V olleyball Team, representing Winter Springs High School - for their efforts as some of the best volleyball players in the county. II. PUBLIC INPUT Jackie Lein, 1173 Winged Foot Circle East, Winter Springs, Florida: spoke about issues mentioned in an "October 5th" letter from the "People For Good Government" (PAC); and stated that exhibits would be turned in. Ms. Lein also mentioned previous signatures that had been turned over; the August 9, 1999 Tuscawilla Lighting and Beautification District vote; "attacks from Commissioners"; and civil rights. Nancy Childress, 1251 East Logan Drive, Longwood, Florida: spoke about getting the City of Winter Springs involved in cleaning up a property on East Lake Drive ("A block and a half off of Tuskawilla Road, and it's directly next to a pre-school"); and added that this property is in litigation; seems to be contaminated; and currently has standing water. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 13, 1999 Page 2 of 17 Discussion ensued on EP A related issues; and whether a letter of support or inquiry could be forwarded. The consensus of the Commission was that City Manager, Ronald W. McLemore should send a letter "of inquiry" to the County. Mayor Partyka called a briefrecess at 6:59 P.M The meeting was called back to order at 7:03 P.M. III. CONSENT A. Community Development Department - Land Development Division Requests The Commission Approve The Expenditure Of The City's 199912000 Recycling & Education Grant Allowance (Provided For By The Florida Department Of Environmental Protection) For The Purchase Of Recycling Bins. B. General Services Department Requests That The City Commission Authorize The Execution Of A Contract With The Florida League Of Cities. C. City Clerk's Office Approval Of The Minutes Of The Regular Meeting Of November 22,1999. D. City Clerk's Office Approval Of The Minutes Of The Special Meeting Of December 6, 1999, (The Continuation Of The November 22,1999 Regular Meeting). E. City Clerk's Office Approval Of The Minutes Of The Special Meeting Of December 6,1999. MOTION AND SECOND TO APPROVE THE CONSENT AGENDA. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE; COMMISSIONER McLEOD: NO VOTE (WAS NOT IN CHAMBERS AT THE TIME OF THE VOTE); COMMISSIONER MARTINEZ: AYE; COMMISSIONER BLAKE: AYE; DEPUTY MAYOR GENNELL: AYE. MOTION CARRIED. IV. INFORMATIONAL A. Community Development Department - Code Enforcement Division Wishes To Inform The Commission Regarding Issues Pertaining To Trailer Signs. (This Agenda Item Has Been Postponed Until The January 24, 2000 Regular Meeting). CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 13,1999 Page 3 of 17 No action was needed or taken. .:..:. AGENDA NOTE: THE NEXT AGENDA ITEMS WERE HEARD IN THE FOLLOWING ORDER. .:. .:. V. PUBLIC HEARINGS E. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing To Transmit The Elizabeth Morse Foundation Property Large Scale Comprehensive Plan Amendment (LG- CPA-2-99) To The Florida Department Of Community Affairs, That Would Change The Future Land Use Map Designation From (County) A-lO "Agriculture" To (City) Designation "Lower Density Residential". Commissioner David W. McLeod returned to the Commission Chambers at 7:05 p.m. Staff briefly introduced this Agenda Item. Mayor Partyka opened the Public Input portion of this Agenda Item. There were no comments. The Public Input portion of this Agenda Item was then closed. Mayor Partyka said, "We need some kind of Motion to transmit". "I MAKE A MOTION". MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE; COMMISSIONER BLAKE: AYE; COMMISSIONER MILLER: AYE; COMMISSIONER McLEOD: AYE; DEPUTY MAYOR GENNELL: AYE. MOTION CARRIED. H. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For The Second Reading And Adoption Of Ordinance 749 To Designate The Elizabeth Morse Foundation Property (59.45 Acres) R-lA "One Family Dwelling District" On The City's Zoning Map. Attorney Garganese read Ordinance 749 by "title only". Brief discussion on the quantity of planned lots. Duncan Bowman, 2804 South Second Street, Jacksonville Beach, Florida: advised the Commission about the liS lots planned. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 13, 1999 Page 4 of 17 The Commission and Manager McLemore discussed zoning designations; prevIOUS readings and advertising; and "reconsideration's" of zoning classifications. COMMISSIONER McLEOD SAID, "WE WERE NOT ABLE TO MAKE A MOTION - WE JUST SUGGESTED THAT PERHAPS WE SHOULD, AND BRING IT BACK AS AN AGENDA ITEM FOR RECONSIDERATION, AND AT THIS TIME, I WOULD LIKE TO MAKE THAT A MOTION TO HAVE IT ON HERE AS A "R-IA" FOR RECONSIDERATION FOR TONIGHT". Discussion ensued on previous actions; minutes from a November 22, 1999 meeting; and possibly holding another reading. Attorney Garganese explained, "If you want to have another reading on this, there wouldn't be any harm in doing that because tied to this re-zoning is the Comprehensive Plan Transmittal - which you just approved; so this zoning cannot become effective until that Comp Plan Amendment gets adopted, which won't be until March, April, sometime". Attorney Garganese then clarified, "I would advise you to have the adoption hearing at the time that you consider the adoption of the Comp Plan Amendment". \ "I'LL MAKE THE MOTION TO HAVE THE FIRST READING BY TITLE ONLY, ORDINANCE 749 - I UNDERSTAND THIS IS A FIRST READING TO DESIGNATE THE ELIZABETH MORSE FOUNDATION PROPERTY, AS 59.45 ACRES AS R-IA 'ONE FAMILY DWELLING DISTRICT"'. MOTION BY COMMISSIONER BLAKE. SECONDED. DISCUSSION. Manager McLemore added, "You've had a first reading on this already - no matter what you do, this is a second reading - if it says first reading, it is incorrect, you're putting something in the record that is not correct. It's your second reading on this issue". COMMISSIONER BLAKE SAID, "I WILL CORRECT MY MOTION TO REFLECT THAT THIS IS THE SECOND READING". "I WILL MAKE THE MOTION TO MOVE THIS ITEM TO A THIRD ADOPTION HEARING, TO RUN CONCURRENTLY WITH THE APPROVAL OF THE COMP PLAN AMENDMENT FROM DCA, AT R-IA". MOTION BY COMMISSIONER BLAKE. Mayor Partyka opened the Public Input portion for this Agenda Item. Joe DeMinico, 985 Troon Trace, Winter Springs, Florida: asked which "Comprehensive Plan Cycle" this was; and related submissions. The Public Input portion of this Agenda Item was then closed. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 13, 1999 Page 5 of 17 "I MAKE A MOTION TO MOVE ORDINANCE 749 ON TO A THIRD ADOPTION HEARING CONCURRENT WITH THE RECEIPT OF THE COMP PLAN APPROVED FROM DCA AT R-IA". MOT][ON BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE; COMMISSIONER MARTINEZ: 'AYE; COMMISSIONER MILLER: AYE; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER McLEOD: AYE. MOTION CARRIED. .:..:. AGENDA NOTE: THE FOLLOWING AGENDA ITEMS WERE HEARD IN THE FOLLOWING ORDER. .:. .:. A. City Manager Requesting The City Commission Hold A Public Hearing And Adopt Resolution #909 Electing To Use The Uniform Method Of Collecting Non-Ad Valorem Special Assessments Levied Within The Incorporated Area Of The City. Manager McLemore briefly explained that this was a "Perfunctory Statutory requirement, in order to establish the Assessment District" (for the Oak Forest Wall). Mayor Partyka opened the Public Input portion of this Agenda Item. No one spoke. The Public Input portion of this Agenda Item was then closed. "I'LL MOVE TO ADOPT RESOLUTION 909". MOTION BY DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER BLAKE. DISCUSSION ENSUED ON RESERVING "SPACE ON THE TAX BILL"; AND TRYING TO DO WHAT THE MAJORITY OF THE PEOPLE WANT US TO DO, AND POSSIBLY INFORMING ALL OF THE RESIDENTS OF THE OAK FOREST SUBDIVISION. MANAGER McLEMORE SUGGESTED THAT IN LIEU OF SENDING NOTICES TO EVERY HOME, THAT A BETTER ALTERNATIVE WOULD BE TO USE THE OAK FOREST NEWSLETTER IN ADDITION TO THE CITY'S NEWSLETTER TO INFORM THE RESIDENTS. VOTE: COMMISSIONER McLEOD: AYE; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER BLAKE: AYE; COMMISSIONER MARTINEZ: AYE; COMMISSIONER MILLER: AYE. MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 13, 1999 Page 6 of 17 B. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing Regarding The Large Scale Comprehensive Plan Amendment Pertaining To The Tuskawilla PUD, Parcels 7 & 8. (This Agenda Item Has Been Withdrawn At The Request Of The Petitioner). No action was needed or taken. C. Community Development Department Requests The Commission Consider A Third Reading Of Ordinance 707 Adopting The Proposed Town Center District Boundary And Town Center District Code. Attorney Garganese read Ordinance 707 by "title only". Tape l/Side B Manager McLemore said that the recommendation is to not adopt this tonight; and further added that "To have this come back to the Commission on the first meeting of January with the first reading on the Companion Agreement; and then the second reading on this - the second reading would be the second meeting in January with the second reading of the agreement". Discussion ensued on the Overlay District; borders; where discrepancies are noted; amenities; changes to the plan; wetland areas; input from the Schrimsher organization; values; data and appraisals; proposed road improvements (including collector roads) and related impact fees; could a County "one-cent tax" be utilized; "dedications" to the Schrimsher organization; preparing the Town Center for development; having the Schrimsher organization remove billboards; and utility improvements. Terry Zaudtke, Conklin, Porter and Holmes, Orlando, Florida: identified where utilities are planned; current and future capacity values; impacts at build-out; and related costs. Further discussion ensued regarding incorporating design codes; and the inclusion of the "pedestrian overpass". Deputy Mayor Gennell asked "Is the County in agreement that that road location is where they can bring the trail to?" Manager McLemore said that this could be "Acknowledged in the agreement". The Commission discussed frontage roads; changing the Town Center District boundaries; billboard sign(s); a planned population of five (5) to ten (10) thousand (of residential equivalents); and the sizes of several of the parks, including the actual size of Magnolia Park Manager McLemore said that he will inform the Commission of the previously noted Park sizes, along with the current size of the Parks. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 13, 1999 Page 7 of 17 Discussion continued on matters including the Kingsbury and Blumberg properties; dollar value improvements; a development agreement; what other concerns are; including a "Civic Center" in Magnolia Square; and the size of Magnolia Park. Tape 2/Side B The next issues that were discussed included the appraised values of property; whether the concept of this project had changed; and the size of the proposed parks. Micky Grindstaff, 20 North Orange Avenue, Suite 1000, Orlando, Florida: discussed mitigation; collector road improvements located on the Schrimsher property; amenities; and "credits for enhancement factors". Mr. Grindstaff then said, "One of the things we talked about was unclear - you talked about increased connection fees in the Town Center? We were under the impression, at least based on our discussions, that the connection fees would be those connection fees that are typical and customary throughout the City". Deputy Mayor Gennell said, "Mr. Mayor, Can I make a point of order"? Mayor Partyka said, "Yes, you may. Point of order". Deputy Mayor Gennell continued, "Weare on the public record here for potential litigation, and to let a fact go on the record, ifit's deemed totally untrue and somebody on our staff wants to refute it, I think on the record they should have that opportunity". Manager McLemore said for the record, "I am refuting that". Michael Schrimsher, 600 East Colonial Drive, Orlando, Florida: said, "Okay, I'll explain what he is trying to say. Micky was gone; he had to leave for a noon appointment, or twelve-thirty appointment. I was there, and the comment was that the comment made was the connection fees would be used to pay for some of these things, but it was not made clear to me that we were talking about an increase in connection fees to what are currently existing - so what Ron may have meant, and what I understood him to mean, were probably two different things. I know that you all have connection fees in the City of Winter Springs, and that you use them to pay for improvements, but, what I didn't understand was that there were increased connection fees that were going to be applied only to the Town Center; and Micky couldn't understand any of it, because he wasn't there". Manager McLemore then said, "If I could answer - I think that is a fair statement from Michael - he may have misunderstood me, but I tried to get it across, but the point was - our impact fees do not provide for lines - it only provides for treatment, so in order to find a funding base for this, we need to create a special district, that would pay for lines - we don't have that anywhere else in the City, we make the developer put them in. In this CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 13, 1999 Page 8 of 17 case, the developer is being made to put them in, they are going to be financed by impact fees - they're not really impact fees". Further discussion continued regarding connection fees; acquiring additional park land; advancing monies and the "timing" of such benefits; the value of the improvements; and the fine tuning of the most recent "draft". Commissioner Michael S. Blake asked Mr. Grindstaff, "Do you feel that you're still making progress"? Mr. Grindstaff replied, "Yes, I do. If I had to - put a gun to my head and said I had five seconds to get close with a number, I would.. .". Commissioner Blake then said, "But, for the record, there are no guns here". Mr. Grindstaffreplied, "That's right, for the record, I acknowledge that". "I'D BE PREPARED, AT THIS TIME, OR AT YOUR DIRECTION, TO MAKE A MOTION TO - TWO MOTIONS ACTUALL Y - ONE TO DIRECT THE MANAGER TO CONTINUE TO HAVE AGGRESSIVE DISCUSSIONS WITH...". MOTION BY COMMISSIONER BLAKE. COMMISSIONER BLAKE CONTINUED, "THE FIRST MOTION IS TO DIRECT THE CITY MANAGER TO CONTJINUE TO AGGRESSIVELY HAVE DISCUSSIONS WITH THE SCHRIMSHER ORGANIZATION, AND FINALIZE THE PROPERTY OWNER'S AGREEMENT THAT'S BEEN BEFORE US, WITH HOPES OF HAVING IT DONE IN EARLY JANUARY". MOTION BY COMMISSIONER BLAKE. COMMISSIONER MILLER AMENDED THE MOTION AND SAID, "INCLUDED IN THERE - THAT, IF WE'RE GOING TO GET MORE INFORMATION FOR THE NEXT MEETING, THAT WE GET IT - MAYBE ONE WEEK BEFORE". COMMISSIONER BLAKE'S MOTION WAS REITERATED. SECONDED BY COMMISSIONER McLEOD. DISCUSSION .ENSUED REGARDING MITIGATION; "MAGNOLIA PARK"; THE PROGRESS OF THESE NEGOTIATIONS; AND POSSIBLY ENLARGING "MAGNOLIA SQUARE". The City Clerk was asked to read the Motion, and did so. VOTE: COMMISSIONER MARTINEZ: NAY; COMMISSIONER MILLER: NAY; COMMISSIONER McLEOD: NAY; COMMISSIONER BLAKE: AYE; DEPUTY MAYOR GENNELL: NAY. MOTION DID NOT CARRY. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 13, 1999 Page 9 of 17 Discussion continued regarding Mr. Grindstaffs concerns, such as "flexibility"; the parcels labeled "I" and "F"; evaluating the document; connection fees; and "What are the real numbers". Tape 2/Side B Mr. Grindstaff also added that they would like to further explore the "billboards issue"; including "periodic reviews" and to consider "What happens if this thing fails". The Commission further discussed acreage; suggested including verbiage to add "some level of comfort"; duration of the agreement; will the Town Center Ordinance be reviewed in "ten" years; and ongoing negotiations. COMMISSIONER McLEOD SAID, "I'D LIKE TO MAKE A MOTION THAT WE NOW TELL THE MANAGER...". Commissioner Miller read an excerpt pertaining to the Town Center, regarding details of the Code, "Being subject to change". COMMISSIONER McLEOD THEN SAID, "I'D LIKE TO MAKE A MOTION THAT THE CITY MANAGER DOES MEET WITH THE SCHRIMSHER'S AND THEIR ATTORNEYS TO BRING BACK TO US A WORKABLE AGREEMENT, AND I WOULD HOPE THAT THAT COULD BE DONE SOMETIME BY THE MIDDLE OF FEBRUARY". MOTION BY COMMISSIONER McLEOD. SECONDED BY DEPUTY MAYOR GENNELL. COMMISSIONER MILLER THEN SAID, "I'D LIKE TO MAKE AN AMENDMENT. I'D LIKE TO SUGGEST THAT WE HAVE IT COME BACK TO US BY THE 24TH OF JANUARY". SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. VOTE (ON THE AMENDMENT): COMMISSIONER McLEOD: NAY; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER MARTINEZ: NAY; COMMISSIONER BLAKE: NAY; COMMISSIONER MILLER: AYE. MOTION DID NOT CARRY. "I MAKE AN AMENDMENT - THAT IT BE BROUGHT BACK TO US BY THE FIRST MEETING IN FEBRUARY - FEBRUARY 14TH". AMENDMENT BY DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE; COMMISSIONER MARTINEZ: AYE; COMMISSIONER McLEOD: AYE; COMMISSIONER BLAKE: NAY; DEPUTY MAYOR GENNELL: AYE. MOTION CARRIED. The City Clerk was asked to read the Motion, and did so. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 13, 1999 Page 10 of 17 VOTE: COMMISSIONER BLAKE: AYE; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER MILLER: AYE; COMMISSIONER MARTINEZ: AYE; COMMISSIONER McLEOD: AYE. MOTION CARRIED. Mayor Partyka then said, a Motion was needed to "Delay the third reading of Ordinance 707 to some type of future date". "SO MOVED". MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER McLEOD. COMMISSIONER MARTINEZ ADDED TO HIS MOTION, "TO FEBRUARY 14TH". SECONDED (AGAIN) BY COMMISSIONER McLEOD. DISCUSSION. VOTE: DEPUTY MAYOR GENNELL: AYE; COMMISSIONER MILLER: AYE; COMMISSIONER MARTINEZ: AYE; COMMISSIONER McLEOD: AYE; COMMISSIONER BLAKE: AYE. MOTION CARRIED. Mayor Partyka spoke about getting documents for a meeting in a more timely manner. D. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing To Transmit The Large Scale Comprehensive Plan Amendment (LG-CPA-1-99) To The Florida Department Of Community Affairs, That Would Create A Future Land Use Map Designation "Town Center" And Add Goal, Objectives, And Policies To The Text Of The Land Use Element Of The City's Comprehensive Plan (Volume 2 Of 2). Mr. Thomas Grimms, AICP, Comprehensive Planning Coordinator introduced this Agenda Item as part of the "Fall 1999 Submission Cycle To DCA". Mayor Partyka opened the Public Input portion of this Agenda Item. Joe DeMinico, 985 Troon Trace, Winter Springs, Florida: apologized, and then spoke about the Mayor's previous comments about documents being available prior to meetings. The Mayor closed the Public Hearing portion of this Agenda Item. Micky Grindstaff, 20 North Orange Avenue, Suite 1000, Orlando, Florida: stated "Just for the record, to state that Schrimsher Group was not in favor of the Town Center Comp Plan change to the Town Center zoning change without the companion agreement that addresses facts and situations probably that are unique to Schrimsher, which we have been talking about now - for over twelve (12) months, and I don't think there is any reason to get back into it; I just want it to be on the record as this new Ordinance was working its way through; just to point that out. And, I commend the P & Z for - over one (1) year later, after they heard the Town Center Design Code Ordinance, to also taking similar action, when they heard the Town Center Comp Plan Amendment Ordinance, in CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 13, 1999 Page I I of 17 that they recommended approval of - with the exclusion of the Schrimsher properties, and any other property that didn't have an agreement that dealt specifically with it". "I MOVE TO 'FORWARD THIS COMPREHENSIVE PLAN, TO MOVE IT FORW ARD, TO TRANSMIT IT TO DCA". MOTION BY DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE; COMMISSIONER BLAKE: AYE; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER MILLER: AYE; COMMISSIONER McLEOD: AYE. MOTION CARRIED. F. Community Development Department - Planning Division Requests The City Commission Hold A First Public Hearing To Transmit The Large Scale Comprehensive Plan Amendment (LG-CP A-4-99) To The Florida Department Of Community Affairs, That Would Change The Future Land Use Element Of The Comprehensive Plan By Replacing Existing Policy 2)a., b. Under Objective B Of Goal 3 With New Language (As Policy 2) Which Would Identify The Land Use Categories In Which Public Schools Are An Allowable Use And Provide School Siting Criteria. Mr. Grimms introduced this Agenda Item. Mayor Partyka opened the Public Input portion of this Agenda Item. There were no comments. The Mayor closed the Public Hearing portion of this Agenda Item. "I MAKE A MOTION THAT WE TRANSMIT THIS LARGE SCALE COMPREHENSIVE PLAN AMENDMENT TO THE DEPARTMENT OF, FLORIDA DEPARTMENT OF COMMUNITY AFF AJIRS - AS REGARDS THE LAND USE CATEGORIES IN WHICH PUBLIC SCHOOLS ARE AN ALLOWABLE USE, AND PROVIDES SCHOOL SITING CRITERIA". MOTION BY COMMISSIONER MARTINEZ. SECONDED BY DEPUTY MA YOR GENNELL. COMMISSIONER MILLER THEN SAID, "I'D LIKE TO MAKE AN AMENDMENT TO THAT, TO INCLUDE THAT DCA EXPEDITE THE REVIEW". AMENDMENT BY COMMISSIONER MILLER. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. VOTE (ON THE AMENDMENT): COMMISSIONER McLEOD: AYE; COMMISSIONER BLAKE: AYE; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER MILLER: AYE; COMMISSIONER MARTINEZ: AYE. MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 13, 1999 Page 12 of 17 VOTE (ON THE MAIN MOTION): DEPUTY MAYOR GENNELL: AYE; COMMISSIONER McLEOD: AYE; COMMISSIONER MARTINEZ: AYE; COMMISSIONER MILLER: AYE; COMMISSIONER BLAKE: AYE. MOTION CARRIED. G. Community Development Department - Planning Division Requests The City Commission Hold A Second Public Hearing To Adopt Three (3) Large Scale Comprehensive Plan Amendments (LG-CP A-2-98, LG-CP A-3-98, LG- CP A-4-98) Dealing With Land Conservation And Resource Protection. Brief discussion. Mayor Partyka opened the Public Input portion of this Agenda Item. Joe DeMinico, 985 Troon Trace, Winter Springs, Florida: asked to have the "titles expanded upon". Mr. Grimms explained what the abbreviations "LG-CP A-2-98, LG-CP A-3-98, and LG- CP A-4-98" meant. Mayor Partyka then asked that it be noted that Mr. DeMinico spoke on this Agenda Item. The Mayor closed the Public Input portion of this Agenda Item. Attorney Garganese suggested that an Ordinance should be included with this transmittal. Brief discussion followed regarding related advertisements. Commissioner Blake then asked to have copies of Ordinances, and related advertising included in each Agenda packet. Mayor Partyka asked for a consensus of the Commission regarding this. The consensus of the Commission was to have related advertisements included in Agenda packets. "MOTION TO POSTPONE (UNTIL JANUARY 11 TH,,*). MOTION BY COMMISSIONER MARTINEZ. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE; COMMISSIONER McLEOD: AYE; COMMISSIONER MARTINEZ: AYE; COMMISSIONER BLAKE: AYE; DEPUTY MAYOR GENNELL: AYE. MOTION CARRIED. *NOTE: The date of January 11 th that was stated, actually was a reference to the first meeting in January, which is this meeting - the meeting of January 10,2000. Mayor Partyka asked about checks and balances to ensure that everything is included in Agenda packages. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETfNG - DECEMBER 13, 1999 Page 13 of 17 I. Community Development Department - Code Enforcement Division Requests The City Commission Hold A Public Hearing For The Third Reading Of Ordinance #748 Establishing A Moratorium Prohibiting The Installation Of New Billboards. Attorney Garganese read Ordinance 748 by "title only". Mayor Partyka opened the Public Input portion of this Agenda Item. No one spoke. The Mayor closed the Public Hearing of this Agenda Item. "I MAKE A MOTION THAT WE APPROVE THIS ORDINANCE". MOTION BY COMMISSIONER MARTINEZ. SECONDED. DISCUSSION. VOTE: DEPUTY MAYOR GENNELL: AYE; COMMISSIONER MARTINEZ: AYE; COMMISSIONER BLAKE: AYE; COMMISSIONER MILLER: AYE; COMMISSIONER McLEOD: AYE. MOTION CARRIED. VI. REGULAR A. City Manager Requesting The City Commission To Approve A Contract Of Services With Anthony A. Garganese, Esquire Of Amari & Theriac, P.A. To Perform The Duties Of City Attorney Of The City Of Winter Springs. Attorney Garganese was asked about an Orlando and/or Toll-Free line. Attorney Garganese explained that there is currently an Orlando number, and they are working on establishing a Toll-Free line. "I'D LIKE TO MAKE A MOTION THAT WE APPROVE THE CITY ATTORNEY'S AGREEMENT". MOTION BY COMMISSIONER McLEOD. SECONDED. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE; COMMISSIONER MARTINEZ: AYE; COMMISSIONER MILLER: AYE; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER McLEOD: AYE. MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 13,1999 Page 14 of 17 B. City Commission Requested To Make Appointments To The Board Of Trustees, For Seat I, Seat II, Seat III, Seat IV, And Seat V. Each Seat Is Scheduled To Expire In January Of The Year 2000. There was discussion on staggering the terms, by Ordinance, for two (2) and three (3) year terms (for one time only). An Ordinance should be prepared for the first meeting in January. Discussion ensued on the Ordinance; staggered terms; and if this was done, along with how the terms will be split. COMMISSIONER MILLER SAID, "I'D LIKE TO MAKE A MOTION THAT THE ATTORNEY INCLUDE IN THE VERBIAGE THAT HE IS GOING TO DRAW UP FOR THE FIRST READING, THAT SEATS ONE (1), THREE (3), AND FIVE (5) WOULD BE A THREE (3) YEAR TERM; TWO (2) AND FOUR (4) WOULD BE A TWO YEAR TERM". MOTION BY COMMISSIONER MILLER. SECONDED BY CINDY GENNELL. COMMISSIONER MILLER ADDED, "YES, AND ALL TERMS AFTER THE CHANGE WOULD BE THREE (3) YEAR TERMS, A ONE TIME CHANGE". SECONDED BY CINDY GENNELL. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE; COMMISSIONER McLEOD: AYE; COMMISSIONER MARTINEZ: AYE; COMMISSIONER BLAKE: AYE; DEPUTY MAYOR GENNELL: AYE. MOTION CARRIED. VII. REPORTS A. City Attorney - Anthony A. Garganese, Esquire Attorney Garganese advised the Commission that regarding the Bond Validation Hearing, a "Motion To Intervene" has been filed. Attorney Garganese added that the Attorney is Michael Jones, and he is "Representing some individual seeking to intervene in the Bond Validation hearing - is also seeking a continuance for the Bond Validation Hearing, which is scheduled in January, for purposes of deposing numerous individuals". B. City Manager - Ronald W. McLemore Manager McLemore spoke about discussions relative to the Schrimsher organization; that a lot of money was at risk; and stated that it was the direction of the Commission to get this matter to the Commission tonight. Manager McLemore also said that he would try to meet with Attorney Micky Grindstaff later this week. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 13, 1999 Page 15 of 17 Manager McLemore said that he had provided the Commission with an analysis, and asked if the Commission wanted to discuss the City Clerk's salary issue this evening. Tape 3/Side A Manager McLemore then explained to the Commission about the data pertaining to a salary survey of area City Clerk's; their functions; and criteria such as length of service; credentials; and performance. Discussion. "I'D MAKE A MOTION THAT WE INCREASE THE CLERK'S SALARY TO FORTY THOUSAND DOLLARS ($40,000) RETROACTIVE TO HER DATE OF BEING APPOINTED". MOTION BY COMMISSIONER BLAKE. SECONDED. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER MILLER: AYE; COMMISSIONER BLAKE: AYE; COMMISSIONER McLEOD: AYE. MOTION CARRIED. There was brief discussion that "minimum requirements" should include "Certified Municipal Clerk" certification. Discussion. "MOTION TO EXTEND". MOTION BY COMMISSIONER MARTINEZ. SECONDED. DISCUSSION. VOTE: DEPUTY MAYOR GENNELL: AYE; COMMISSIONER MILLER: AYE; COMMISSIONER MARTINEZ: AYE; COMMISSIONER BLAKE: NAY; COMMISSIONER McLEOD: AYE. MOTION CARRIED. C. City Clerk - Andrea Lorenzo-Luaces City Clerk Andrea Lorenzo-Luaces thanked the Commission for the salary increase. The City Clerk then mentioned that at the last meeting (of December 6, 1999), a Workshop between the City Commission and the City's Advisory Boards had been scheduled for Monday, January 17, 2000, which may conflict with the City's recently approved January 17,2000 holiday. The City Clerk asked if the Commission might wish to consider a schedule change. The consensus of the Commission was to reschedule this Joint Workshop for Monday, January 31, 2000, at 6:30 P.M. D. Commission Seat I - Robert S. Miller No Report. CITY OF WINTER SPRINGS MfNUTES CITY COMMISSION REGULAR MEETING- DECEMBER 13,1999 Page 16 of 17 E. Commission Seat II - Michael S. Blake No Report. F. Commission Seat III - Edward Martinez, Jr. Commissioner Martinez read a letter from a citizen, (See Attachment "A"). Commissioner Martinez then asked if anything was being done about "skateboard parks". Manager McLemore said that he would check on this. .:..:. AGENDA NOTE: THE NEXT ITEMS WERE HEARD IN THE FOLLOWING ORDER. .:..:. H. Commission Seat V - David W. McLeod No Report I. Office of the Mayor - Paul P. Partyka Mayor Partyka wished everyone "Happy Holidays". G. Commission Seat IV - Cindy Gennell Deputy Mayor Gennell mentioned that the light at her seat on the dais, is not working. Deputy Mayor Gennell asked if the light pole installed in front of the "Winn-Dixie" grocery store had been moved. Manager McLemore said that he would check on this. Deputy Mayor Gennell added that she had received numerous compliments on the "traffic calming devices"; however, she had also received numerous complaints about the Shepard Road and Edgemon Avenue "traffic calming device", which includes a big "dip", lack of pavement on the East side; and is poorly lit. Deputy Mayor Gennell also asked to consider lowering the signs a little. Deputy Mayor Gennell then asked Mayor Partyka if the Commission was interested in discussing the issue dealing with the "PAC" letter, any further. The consensus of the Commission was that any discussion be done in January. VIII. ADJOURNMENT Mayor Partyka adjourned the meeting at 11: 12 P.M. Respectfully Submitted By: " " ~"': :' ~' ~ -~ / ~~ ~ - - - ~fi~:\J~~~j; <.'" - " ",,-:: , - -::"..... \ PAUL P. PARTYKA, MA Andrea Lorenzo-Luaces City Clerk : -- ':-:._~;:" CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 13, 1999 Page 17 of 17 NOTE: These minutes were approved at the January 10. 2000 City Commission Meeting.