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HomeMy WebLinkAbout_1999 02 08 City Commission Regular Minutes CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING FEBRUARY 8, 1999 I. ROLL CALL The Regular Meeting of the City Commission was called to order by Mayor Paul P. Partyka. 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 McLeod, present City Manager Ronald W. McLemore, present City Attorney Frank Kruppenbacher, absent Attorney Robert Guthrie, present City Clerk, Margo M. Pierce, CMC, present There was a moment of silent prayer. Mayor Partyka recognized Mr. Brook Seall, (parks and Recreation Director) who recently had passed away, and whose funeral was held earlier today. The Pledge of Allegiance followed. AGENDA CHANGE: MAYOR PARTYKA ANNOUNCED THAT REGULAR AGENDA ITEM D WOULD BE MOVED TO THE BEGINNING OF TONIGHT'S MEETING.'. Commissioner Edward Martinez, Jr. stated that the Consent Agenda Item regarding the minutes of January 11, 1999 was incorrect. Deputy Mayor Cindy Gennell stated that the Consent Agenda Item regarding the minutes of December 14, 1998 was also incorrect. Mayor Partyka read a letter from the Flagler County Sheriffs Office thanking the Winter Springs Police Officers who volunteered during the recent wild fires. Police Chief Daniel 1. Kerr assisted the Mayor and presented a plaque from the Flagler County Sheriffs Office. The following City of Winter Springs Officers were recognized: Officer Daryl Brewer, Officer James Flannigan, Officer Fred Gold, Lieutenant Robert Heatwole, Officer Michael Robbins, Officer Douglas Sealy, Officer Allison Smith, and Officer David Smith. Police Chief Kerr elaborated on this effort. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 8, 1999 P<:ge 2 OF 13 II. PUBLIC INPUT Prior to the many individuals that spoke, Deputy Mayor Gennell stated that the flyers that had been passed out around town, regarding Regular Agenda Item D, were actually different from what was in front of the Commission tonight. Deputy Mayor Gennell stated that there were copies available for the public regarding which issues will be addressed by the Commission. Mr. Ronald W. McLemore, City Manager then explained to those in attendance that this matter is really a "zoning" issue, and that it has resulted from the Commission's desire to put in place certain strategies to stabilize neighborhoods through Code Enforcement efforts. Manager McLemore further stated that the overall goal is to protect residential neighborhoods and the character of the neighborhoods. There was discussion regarding zoning issues; protection of rights through Code laws; protecting residential neighborhoods; and addressing commercial vehicle use in residential zones. Valerie EI-Jamil, 1230 MacTavindash Drive, Oviedo, Florida: asked for the City to assist the City of Oviedo regarding runway expansion at Sanford Orlando Airport. Ms. EI-Jamil also spoke about the noise abatement plan; 84 decibels of noise in residential areas; the effect on the 417 Corridor. Ms. El-Jamil added that there was a public meeting tomorrow at the Sanford Orlando Executive Offices scheduled for 9:30 a.m., and could the City of Winter Springs consider giving support? Commissioner Miller agreed to attend this meeting. Janet LaPlaca, 622 Murphy Road, Winter Springs, Florida: addressed matters concerning the restrictions being placed on commercial vehicle parking in residential neighborhoods. Ms. LaPlaca suggested grand fathering in trucks that are currently owned and driven at the present time. Fred Barone, 339 Mohawk Trail, Winter Springs, Florida: spoke about annual garage sales, and he asked that the Ordinance that prohibits garage sales in a mobile home community be rescinded. David Smith, 225 Bennett Street, Winter Springs, Florida: presented a petition to the Commission from the residents of North Orlando Townsites, which included 63 signatures for allowing the parking of commercial vehicles; 3 signatures were against the parking of commercial vehicles; and 6 persons were undecided. Mr. Smith mentioned that he took a vote tonight - 120 individuals were in favor of permitting the parking of commercial vehicles, and 0 were against this policy. Bruce Bower, 221 Shore Road, Winter Springs, Florida: supported the present Code along with the proposed changes. CITY OF WINTER SPRlNGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 8, 1999 Page 3 OF 13 Cheryl Hooper, 103 Elderwood Street, Winter Springs, Florida: spoke of her concern with portions of the Code, as they pertained to commercial vehicle parking. Joe Lampone, 202 Cottonwood Drive, Winter Springs, Florida: asked about commercial vehicles being parked along the side of a residence. Ms. Jimette S. Cook, Code Enforcement Officer responded and explained that currently trailers under 12 feet can be kept on side of a property. Robert Benjamin, 28 Coral Way, Winter Springs, Florida: supported the proposed changes to the Code, and mentioned that he was concerned with residents maintaining their properties. Tammy Rode, 617 David Street, Winter Springs, Florida: spoke against some of the proposed commercial vehicle Code changes. Asked if the public could be better informed of any proposed changes to a Code. Bob Rode, 617 David Street, Winter Springs, Florida: asked about the overnight parking of commercial vehicles in shopping centers. Debbie Lawniczak, 300 Wade Street, Winter Springs, Florida: talked about speeding on Wade Street and suggested erecting a three-way stop sign at Frank Street. Ms. Lawniczak also asked about overnight parking situations. Derek Layman, 207 Bitterwood Street, Winter Springs, Florida: as the owner of a small business, he is against some of the restrictions imposed by the commercial vehicle parking Ordinance. Arthur Eastwood, 220 Williams Road, Winter Springs, Florida: spoke against the adoption of this Ordinance pertaining to commercial vehicle parking in residential areas. Mr. Eastwood spoke about some of the costs involved with a small business. Jim Miller, 236 Buttonwood Avenue, Winter Springs, Florida: spoke against the commercial vehicle parking Code. Lori and Al Gauvin, 70 Fairfax Avenue, South, Winter Springs, Florida: they are against the further proposed restrictions of the commercial vehicle parking Ordinance, and mentioned potential financial hardships. They also mentioned that they would like the City to check into the problems on their street regarding potholes, and problems due to the "old sewer system". Tape I/Side B James Newsome, 224 Shore Road, Winter Springs, Florida: spoke on the Issue of commercial vehicles. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 8, 1999 Page 4 OF 13 Francis Milcia, 21 South Cortez Avenue, Winter Springs, Florida: stated that each of the neighborhoods should deal with individual situations, like the parking commercial vehicles. Isabelle Laub, Blue Spruce Court, Winter Springs, Florida: commended and thanked Chief Lallathin and his staff from Fire Station 26, for their professionalism and compassion regarding her husband's health. Mark Coffman, 404 Hawthorne Circle South, Winter Springs, Florida: spoke on the commercial vehicle parking situation. Phillip Corbitt, 209 Banyan Court, Winter Springs, Florida: spoke on the hardships imposed by the proposed changes to the commercial vehicle parking Code. Heather Holden, 108 Elderwood Street, Winter Springs, Florida: asked the Commission if the proposed changes included police vehicles; and if a vehicle cover would be permitted. Donna Chipps, 678 Silvercreek Drive, Winter Springs, Florida: asked which Code permitted a large concrete garage with a commercial door to be built. Michael Neal, 21 South Cortez Avenue, Winter Springs, Florida: spoke about his father's van being allowed to be parked on their property. Henry Janney, 228 Bennett Street, Winter Springs, Florida: addressed his concerns with permitting the parking of commercial vehicles on personal property. Brian Chambers, 238 Buttonwood Avenue, Winter Springs, Florida: spoke about his concerns with the parking of commercial vehicles on his property. Michael Rice, Winter Springs, Florida: stated that commercial vehicles "add" to a neighborhood; especially police vehicles. William Fernandez, 250 Panama Road East Winter Springs, Florida: spoke of his concerns with portions of the proposed Code, and asked that a work session be held regarding this issue. Ralph Daterville, 213 Buttonwood Avenue, Winter Springs, Florida: addressed some of the costs of doing business, in terms of commercial vehicle parking. Tim Arquette, 128 Bayberry Court, Winter Springs, Florida: suggested that we address the issue of commercial vehicle parking in terms of vehicle weight and size, and not "lettering" . CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 8, 1999 Page 5 OF 13 Mike Swigert, 213 Alderwood Street North, Winter Springs, Florida: mentioned that his job required a maximum of a one-hour response time (with his commercial vehicle); and he addressed a few of the restrictions of some of the proposed changes to the Code. Chris Kern, 306 Inglenook Circle, Winter Springs, Florida: also spoke of a one-hour response time involved with his job and commercial vehicle, and the restrictions that some of the proposed changes would impose. Loraine Ducy, 80 Fairfax Avenue South, Winter Springs, Florida: addressed the commercial vehicles issue. Wes Brewer, 102 Elderwood Street, Winter Springs, Florida: spoke on employees being allowed to drive home commercial vehicles. Mayor Partyka mentioned for the record that he had a letter from James and Laura Brewer. David Attaway, 218 Wade Street, Winter Springs, Florida: mentioned about neighborhood associations governing themselves. Woody Timmons, 215 Williams Road, Winter Springs, Florida: spoke against the proposed changes to the commercial vehicle parking Ordinance. Adele Kelsey, 106 Alderwood Street North, Winter Springs. Florida: voiced her concern about taking the "blue collar privilege away". Commissioner Michael S. Blake stated, "Mayor, for the record, Mr. Scott would like it pointed out that that was not him". There was further discussion on the issue pertaInIng to commercial vehicles. Commissioner David W. McLeod spoke about the "745 complaints on record, regarding vehicles". Commissioner McLeod then said, "I would like to clear the record on that - I believe on commercial vehicles, on trailers - there is only a total of 56 complaints". Code Enforcement Officer Cook, asked Commissioner McLeod where he had obtained that information? Commissioner McLeod said that he had referred to Commissioner Miller's research. Ms. Cook added, "If! may just clarify, those aren't complaints, those are cases that we handled". Commissioner McLeod asked Ms. Cook to check into "What the numbers are coming in from the citizens, against this". Ms. Cook agreed to get that information for him. Commissioner McLeod then said, "I think for the record, 1 think those kind - that kind of information would probably be valuable to the Commission". CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 8, 1999 Page 6 OF 13 Further discussion ensued regarding the "745 complaints; and whether to consider vehicle weight classifications. COMMISSIONER McLEOD STATED, "I THINK THERE ARE A NUMBER OF THINGS HERE, THAT'S IN FRONT OF US THIS EVENING REGARDING THE VEHCICLE SECTION OF THIS CODE, THAT PERHAPS SHOULD BE TABLED FOR A LATER TIME; ANJI) PERHAPS A WORKSHOP AS SUGGESTED BY SOME MEMBERS OF THE AUDIENCE - WE SHOULD GET TO, SO THAT WE CAN CLARIFY WHAT DIRECTION WE REALLY SHOULD GO, AND I'M BASICALLY IN FAVOR THIS EVENING, THAT THIS VEHICLE ISSUE BE TABLED". MOTION BY COMMISSIONER McLEOD TO TABLE THE SECTION OF THIS ITEM REGARDING COMMERCIAL VEHICLES (AND LETTERING) IN ORDER TO HOLD A WORKSHOP ON THIS SUBJECT. SECONDED BY COMMISSIONER ROBERT MILLER. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE; COMMISSIONER BLAKE: AYE; COMMISSIONER MARTINEZ: AYE; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER McLEOD: AYE. MOTION CARRIED. There was discussion pertaining to the tabling of this issue; setting a Workshop; and the procedures involved with a Workshop, as it pertained to public input. Commissioner Edward Martinez, Jr. stated that he would like the following three letters that were received from Ms. Sandra Koelble, Mr. Reed Hunt, and James and Laura Brewer, to be added to the record, (see Attachments "A", "B", and "c' respectively). The Commission agreed to hold a Workshop (regarding this issue), on Monday, February 15, 1999 beginning at 6:30 p.m. The Mayor and Commission suggested that a "courtesy notice" of the next meeting, as it pertains to this issue, could be mailed to any concerned residents, as long as they notify the City Clerk. Brief discussion continued regarding notification of public meetings. Mayor Partyka called a recess at 8:35 p.m. The meeting reconvened at 8:45 p.m. The following Agenda Items are documented in the way that they were discussed. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 8, 1999 Page 7 OF 13 VI. REGULAR AGENDA Community Development Department/Code Enforcement Division D. Requests the City Commission consider amending the City Codes that deal with commercial vehicle parking; fence and wall maintenance and garage sales in mobile home park districts. Discussion ensued on fences; walls; mobile home garage sales; fines; repairs and the materials to be used for such repairs. End of Tape 1 MOTION WAS MADE BY COMMISSIONER BLAKE TO DIRECT STAFF TO PREPARE AN ORDINANCE ENCOMPASSING THE CHANGES; SPELLING OUT THAT MAINTENANCE OF FENCES AND WALLS WOULD BE PUTTING IT BACK WITH THE SAME MATERIALS AND SAME CONDITION, OR BETTER THAN IT WAS; AND TO ADD VERBIAGE THAT STATES THAT A PRIVATE GARAGE SALE WOULD BE ALLOWED IN MOBILE HOME DISTRICTS. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: ALL AYE. MOTION CARRIED. III. CONSENT AGENDA City Clerk's Office A. Approval of Minutes of December 14, 1998 (tabled from the January 25, 1999 meeting). City Clerk's Office B. Approval of Minutes of January 11,1999. Mayor's Office C. Approval of Resolution No. 875, expressing appreciation to Kenneth Haines for his service on the Code Enforcement Board. Commissioner Martinez mentioned that in the minutes of January 11, 1999, it was requested that portions of the meeting be transcribed verbatim, and this was not in the minutes. Discussion. Ms. Margo M. Pierce, City Clerk agreed to review the tape. Deputy Mayor Gennell stated that in the minutes of December 14, 1998, on Page 6, the third paragraph from the bottom - it should have stated that Commissioner McLeod brought up the nominations for Deputy Mayor, and not Deputy Mayor Gennell. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 8, 1999 Page 8 OF 13 MOTION WAS MADE BY COMMISSIONER BLAKE TO APPROVE THE CONSENT AGENDA, INCLUSIVE OF THE CLERK CHECKING THE TAPE OF JANUARY 11, 1999. SECONDED BY COMMISSIONER McLEOD. VOTE: ALL AYE. MOTION CARRIED. IV. INFORMATIONAL AGENDA City Manager A. Providing information to the City Commission in response to an inquiry as to the excessive amount of time pension funds get transferred to SunTrust. City Manager Ronald W. McLemore gave a brief presentation on this subject. Discussion followed regarding moving forward; what other cities were doing; and going out to bid. MOTION WAS MADE BY COMMISSIONER BLAKE FOR THE CITY TO GO OUT FOR R.F.P.'S FOR INVESTMENT OF THE CITY'S PENSION FUND, FOR THE EMPLOYEES. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: ALL AYE. MOTION CARRIED. v. PUBLIC HEARINGS None. VI. REGULAR AGENDA Community Development Department/Land Development Division A. Presents to the Commission the recommendation of the Board of Adjustment as it relates to the request of William W. Fernandez to have a fence greater than four (4) feet in height forward of the building line. The fence, at its highest point, is about six (6) feet in height. There was discussion on this Agenda Item, including that this matter be tabled pending the outcome of a review of our Code of Ordinances. MOTION MADE BY DEPUTY MAYOR GENNELL TO APPROVE THE RECOMMENDATION OF THE BOARD OF ADJUSTMENTS, AND MR. FERNANDEZ'S REQUEST. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE; COMMISSIONER MARTINEZ: AYE; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER BLAKE: NAY; COMMISSIONER McLEOD: NAY. MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 8,1999 Page 9 OF 13 City Manager B. Requesting the Commission to review an unaudited FY 98 general fund report and provide direction it deems appropriate. City Manager Ronald W. McLemore gave a presentation to the Commission. Discussion. MOTION BY COMMISSIONER BLAKE 1['0 DIRECT THE CITY MANAGER TO SPEND $30,000 FOR COMMISSIONER MILLER. CARRIED. STREET STRIPliNG. SECONDED BY DISCUSSION. VOTE: ALL AYE. MOTION City Manager C. Requesting the Commission to receive a report from the City Manager on the investment of idle funds and to provide any direction it deems to be appropriate. Manager McLemore addressed this issue with a presentation to the Commission. Discussion ensued regarding monthly reports from City Manager and the Finance Director. IT WAS THE CONSENSUS OF THE COMMISSION TO HAVE THE CITY MANAGER MOVE AHEAD WITH THIS. Community Development Department/Code Enforcement Division E. Requests the City Commission consider the request of Virginia Cote to allow the temporary parking and occupation of an over-sized recreational vehicle in her side yard at 411 David Street, (R-l Zoning District), from February 8, 1999 to March 15, 1999 in accordance with City Code Section 20-431. Code Enforcement Officer Cook gave a presentation on this Issue to the City Commission. MOTION MADE BY COMMISSIONER BLAKE TO APPROVE THE REQUEST OF VIRGINIA COTE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: ALL AYE. (COMMISSIONER MILLER WAS ABSENT DURING THE VOTE). MOTION CARRIED. City Clerk F. Requesting the City Commission make an appointment to the Code Enforcement Board. Deputy Mayor Gennell nominated Mr. Al White for this appointment. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 8, 1999 Page 10 OF 13 Commissioner Robert S. Miller nominated Mr. Jim Pitts also for this appointment. MOTION WAS MADE BY COMMISSIONER BLAKE TO CLOSE THE NOMINATIONS. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: ALL AYE. MOTION CARRJ[ED. VERBAL VOTE FOR AL WHITE: VOTE: DEPUTY MAYOR GENNELL: AYE; COMMISSIONER McLEOD: AYE. VERBAL VOTE FOR JIM PITTS: VOTE: COMMISSIONER MILLER: AYE; COMMISSIONER BLAKE: AYE; COMMISSIONER MARTINEZ: AYE. Mr. Jim Pitts was appointed to the Code Enforcement Board. VII. REPORTS A. City Attorney - Frank Kruppenbacher Attorney Guthrie requested that the Commission authorize him to do a Quick Claim Deed regarding property on Fairfax Avenue. MOTION MADE BY COMMISSIONER BLAKE TO AUTHORIZE ATTORNEY TO FILE A QUICK CLAIM DEED AS DISCUSSED. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: ALL AYE. MOTION CARRIED. B. City Manager - Ronald W. McLemore Manager McLemore stated he has appointed Fire Chief Timothy J. Lallathin as the Interim Parks Director and will advertise immediately to fill the position. C. Commission Seat II - Michael S. Blake Commissioner Blake inquired about a replacement for the City Clerk, and by what method? Mayor Partyka stated he will appoint Andrea Luaces-Lorenzo as the Interim City Clerk and will go through the process to appoint someone to the position of City Clerk. Deputy Mayor Gennell moved to accept the resignation of Ms. Margo Pierce, City Clerk. CITY OF WINTER SPRlNGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 8, 1999 Page II OF 13 Commissioner Blake apologized to Manager McLemore for stating at the last meeting, that he had not received a call from the City Manager, when in fact he had. D. Commission Seat III - Ed Martinez, Jr. Commissioner Martinez mentioned that he had received a letter from Mr. Mel Glickman, regarding requesting monies to replace a plaque on a donated bench at one of the City's parks. Discussion. Mayor Partyka stated that he would authorize $125.00 from his budget, to be used to replace the plaque. Commissioner Martinez mentioned that a lot of trees were being cut down in area subdivisions. Manager McLemore explained that that was due to a lot of new construction going on in the City. Commissioner Martinez stated he had received five letters from citizens regarding school zoning problems, and asked that Manager McLemore write to School Board Member Larry Furlong requesting an answer to this problem, and to enclose the five letters with his correspondence. E. Commission Seat IV - Cindy Gennell Deputy Mayor Gennell asked about a letter that resident Kim Doran had sent (several months ago) to Mr. Alan Hill, Superintendent with the Public Works Department regarding the beautification of their neighborhood island. Manager McLemore stated that he would check into this matter. Deputy Mayor Gennell inquired about the City purchasing new Holiday decorations, and asked if Manager McLemore would consider this request. Deputy Mayor Gennell asked about setting a date for the Board Appreciation Dinner to honor all Advisory Board members. Note: Mayor Partyka addressed this issue under his seat, at the end of the meeting, under VII Reports, Item H (see Page 12 of these minutes). F. Commission Seat V - David McLeod Commissioner McLeod mentioned that he had received the Agenda for the 17-92 Planning Meeting, after the meeting had been held. He requested that he be notified at the time that the Agenda is received. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 8, 1999 Page 12 OF 13 G. Commission Seat I - Robert S. Miller Commissioner Miller asked about the m~eting regarding the Orlando Sanford Airport that he will be attending tomorrow. He asked the Commission if they supported the extension of the runway at the Orlando Sanford Airport? The Commission was in consensus that they do not support the opening of the runway. Commissioner Miller also spoke about Kim Doran's letter regarding the beautification of their neighborhood island, and asked why it had not been done yet, as the Beautification of Winter Springs Board had approved it. Commissioner Miller then asked Manager McLemore to look into a commercial operation at 677 Silvercreek Drive. Commissioner Miller gave the Commission a copy of an article from the newspaper regarding Code Enforcement. Commissioner Miller also inquired about a memorandum from the Information Services Department, regarding the audiovisual system's camera. Manager McLemore explained that we are not getting enough answers from the current vendor, and thus we are looking into other vendors. H. Mayor's Office - Paul P. Partyka Mayor Partyka commended the Commission on how well they handled the issue of commercial vehicles, earlier this evening. Mayor Partyka directed Manager McLemore to take $125.00 from his budget to repair the plaque on one of the City's park benches. Mayor Partyka mentioned that resident Roseanne Karr (Planning and ZoningILocal Planning Agency Board Member) had inquired about the City's 40th Anniversary on June 26, 1999. Mayor Partyka added that he would like to tie the City's 40th Anniversary with the Board Appreciation Dinner. Discussion. The Commission was in consensus to hold both events as two separate occasions. Mayor Partyka said he would come back to the Commission with a date for the Board Appreciation Dinner. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING. FEBRUARY 8,1999 Page 13 OF 13 XIII. ADJOURNMENT The meeting was adjourned at 11 :00 p.m. Note: To complete these minutes, only the first audiotape was reviewed, as no other audiotapes were available. Respectfully Submitted: Margo M. Pierce, CMC City Clerk Jan Palladino Secretary to the City Manager Andrea Lorenzo-Luaces Interim City Clerk APPROVED: 'PliluL 'P. 'PlilrttJR.lil PAULP. PARTYKA, MAYOR