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HomeMy WebLinkAbout_1999 04 12 City Commission Regular Minutes CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING APRIL 12, 1999 Prior to the Commencement 0/ the Regular Meeting at 6:30 p.m., there will be a presentation on issues pertaining to the Orlando/Sanford Airport - presented by the Orlando/Sanford Airport Authority. This presentation was called to order by Mayor Paul P. Partyka at 6:03 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, arrived at 6:26 p.m. Commissioner Robert S. Miller, present Commissioner Michael S. Blake, arrived at 6: 15 p.m. Commissioner Edward Martinez, Jr., present Commissioner David McLeod, present City Manager Ronald W. McLemore, present Law Firm of Frank Kruppenbacher, P.A., Attorney Robert Guthrie, arrived at 6: 17 p.m. Mayor Partyka introduced The Honorable Larry Dale - Mayor of Sanford, City of Sanford City Manager VanDerworp, and Orlando/Sanford Airport Authority Director Victor White, Mayor Dale and his colleagues stated that they were asking for support of domestic traffic. There was discussion about the FAA's classification of this airport; the Sanford Airport Noise Abatement Committee~ the layout of the airport and related runway expansions~ and economic development issues. At about 6: 15 p.m., Mayor Partyka stated, "Let the record show that Mr. Blake is here, and so we have four (4) Commissioners here ". City Manager Tony Vanderworp asked the Commission to support their Resolution, and he mentioned the various Seminole County municipalities and organizations that have also supported this request. Attorney Robert Guthrie arrived at 6: J 7 p. m. Deputy Mayor Thomas Greene of the City of Lake Mary, and Lake Mary City Manager John Litton next discussed this issue and voiced their concerns with air traffic and noise; CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING-APRIL 12, 1999 PAGE 2 OF 12 and requested to have "impacted" Lake Mary citizens serve on the Sanford Airport Noise Abatement Committee and especially the Airport Authority, Discussion. Deputy Mayor Cindy Gennell arrived at 6:26 p.m. Mayor Partyka advised those in attendance that the "final resolution" of this item would probably be scheduled on the next Commission Agenda. Mayor Partyka closed this presentation at 6:40 p.m. I. CALL TO ORDER The Regular Meeting of the City Commission was called to order by Mayor Paul P. Partyka at 6:45 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 Gennelt, 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 Law Firm of Frank Kruppenbacher, P.A., Robert Guthrie, present A moment of silent prayer was followed by the Pledge of Allegiance. \ Presentations: ~ Mayor Partyka awarded Commissioners Robert S. Miller and Edward Martinez, Jr. a certificate for their completion of the Advanced Elected Municipal Official Institute. AGENDA CHANGES: COMMISSIONER DAVID W. McLEOD ASKED TO DISCUSS THE RECENT APPELLATE COURT RULING AS AN AGENDA ITEM. TIDS ITEM WAS ADDED TO THE AGENDA AS REGULAR AGENDA ITEMA-l. Mayor Partyka mentioned the success of the recent "Relay for Life" event. Commissioner Edward Martinez, Jr. asked that the Mayor and Commission consider awarding a Resolution or Letter of Congratulations to Winter Springs High School, who was recently awarded the "National $10,000 Toyota Grant~ and a Letter of Recognition to Ms. Catherine Bowlin Delmonico of Indian Trails Middle School, who was elected "Teacher of the Week. The Mayor and Commission agreed to do "something special". CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRil.. 12, 1999 PAGE 3 OF 12 TI. PUBLIC INPUT Ron Lynam, 1218 Northern Way, Winter Springs, Florida: spoke on the problems he is having with getting a Pool Screen Permit. There was discussion on the requested landscaping upgrades, and liability issues relating to this situation. Attorney Robert Guthrie suggested that he might convey the concerns of this Commission to the Golf Course Owners; or removing the related provision. Sue and Pat Terraglio, 510 Pleasant Grove Drive, Winter Springs, Florida: spoke in favor of the proposed brick wall at Fire Station Number 26. Arnold Christianson, 1008 Weathered Wood Circle, Winter Springs, Florida: advised the Commission about their intent of removing nineteen trees on their property. It was agreed that this would be a future Agenda Item - to be placed on one of the next two Commission Agendas, and that the property owners will be notified. Tape lISide 8 Bob Rode, 617 David Street, Winter Springs, Florida: asked about the status of the Commercial Vehicles issue. Manager McLemore stated that he was finalizing a draft regarding this issue, and that related information would be provided to the Commission (as an Informational Agenda Item), for comment and review of this issue, at the April 26th, 1999 Commission Meeting. ID. CONSENT AGENDA City Manager and Finance Director A. Requesting the City Commission re-appoint Deloitte & Touche, LLP as Auditors for the City for the Fiscal Years Ending September 30, 1999,2000 and 2001. Manager McLemore spoke about the proposed extension, and stated to the Commission that "I think we would like to amend this to be a one (1) year extension, rather than a three (3) year extension". The Commission and Manager McLemore further discussed the proposed extensions. They decided that this would change from a one (1) year extension to two (2) optional one year extensions. "MOTION TO APPROVE CONSENT AGENDA, AS AMENDED". MOTION BY COMMISSIONER MARTINEZ. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE; COMMISSIONER MARTINEZ: A YE; COMMISSIONER BLAKE: A YE; COMMISSIONER MILLER: AYE; DEPUTY MAYOR GENNELL: AYE. MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULARMEETING-APRlL 12, 1999 PAGE 4 OF 12 IV. INFORMATIONAL AGENDA Fire Department A. Requests that the City Commission Review the City of Winter Springs Employee Blood Drive Information to be Held at City Hall. There was brief discussion on the City's Blood Drive. City Manager B. Desires to Inform the City Commission that the Contract between the Winter Springs Professional Firefighter's Local 3296 and the City of Winter Springs has been ratified. Mayor Partyka asked, "Motion for approval here"? "SO MOVED". MOTION TO APPROVE THE INFORMATIONAL AGENDA BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: DEPUTY MAYOR GENNELL: AYE; COMMISSIONER MARTINEZ: A YE. COMMISSIONER MILLER: A YE; COMMISSIONER McLEOD: AYE; COMMISSIONER BLAKE: AYE. MOTION CARRIED. V. PUBLIC HEARINGS Community Development DepartmentIPlanning Division A. Requests the City Commission hold a Public Hearing for the Second Reading of Ordinance 716 to change the Future Land Use Map designation on Lots 7, 8, 9, 10, 11, 12 along Arnold Lane in the North Orlando Ranchlands, Section 1A. Attorney Guthrie read the Ordinance by "Title" only. The Mayor opened the meeting up for "Public Input". The Mayor then closed the "Public Input" portion. "I MAKE A MOTION WE ADOPT". MOTION BY COMMISSIONER BLAKE TO APPROVE PUBLIC HEARINGS AGENDA ITEM "A". SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: COMMISSIONER MILLER: A YE; COMMISSIONER BLAKE: A YE; COMMISSIONER McLEOD: AYE; COMMISSIONER MARTINEZ: A YE; DEPUTY MAYOR GENNELL: AYE. MOTION CARRIED. Community Development DepartmentlPlannilllg Division B. Requests the City Commission hold a Public Hearing for the Second Reading of Ordinance 717 to change the Zoning Map designation on Lots 7, 8, 9, 10, 11, 12 along Arnold Lane in the North Orlando Ranchlands, Section 1A. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL) 2, 1999 PAGE 5 OF 12 Attorney Guthrie read the Ordinance by "Title" only. The Mayor opened the meeting up for "Public Input". The Mayor then closed the "Public Input" portion. "I'LL MOVE FOR APPROVAL OF ITEM "B"'. MOTION BY DEPUTY MA YOR GENNELL. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: COMMISSIONER BLAKE: A YE; COMMISSIONER MILLER: AYE; COMMISSIONER MARTINEZ: A YE. COMMISSIONER McLEOD: AYE; DEPUTY MAYOR GENNELL: AYE. MOTION CARRIED. Community Development Department/Planning Division - ADD-ON C. Requests the City Commission Approve the First Reading for Adoption of Ordinance No. 685, to Annex the 17.41 acre (Kingsbury) parcel. Mayor Partyka said, "I need a Motion to read by "Title" only. "SO MOVED". MOTION BY COMMISS][ONER BLAKE. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: A YE; DEPUTY MAYOR GENNELL: A YE; COMMISSIONER McLEOD: AYE; COMMISSIONER BLAKE: AYE; COMMISSIONER MILLER: AYE. MOTION CARRIED. Attorney Guthrie read the Ordinance by "Title" only. The Mayor opened the meeting up for "Public Input". The Mayor then closed the "Public Input" portion. There was a brief presentation by Staff There was discussion on the Comprehensive Plan Amendment. Commissioner Michael S. Blake asked, "I thought that we were going to have a land-use Item on the Agenda, for this tonight also"? Attorney Guthrie replied, "This came on rather rapidly, and we don't have that ready. If we want to do that for second reading, we can commence that process". There was further discussion on incorporating this into the proposed Comprehensive Plan Amendment. Mr. Tom Grimms added, "The Comp Plan Amendment for the Town Center is in the process of being developed - it has to go to the Local Planning Agency and then to this Board, for transmittal to the Department of Community Affairs for review". He then said, "So, I can tell you that it's timely, we can include the Kingsbury property in the overall Large-Scale Comprehensive Plan Amendment, for 1999 - Spring Cycle". MOTION BY COMMISSIONER MILLER, "I MOVE FOR ADOPTION OF ITEM "C". COMMISSIONER MILLER THEN AJ[)DED, "THE MOTION THAT WE CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULARMEETING-APRlL 12, 1999 PAGE 6 OF 12 MOVE IT TO THE SECOND READING". SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE; COMMISSIONER MARTINEZ: AYE; COMMISSIONER BLAKE: AYE; DEPUTY MAYOR GENNELL: A YE; COMMISSIONER MILLER: AYE. MOTION CARRIED. The following Agenda Items are documented in the order that they were discussed during this meeting. ~. REGULAR AGENDA Mayor/Commission - ADD-ON A-I. Ruling from 5th District Court of Appeals. Mayor Partyka explained that the Appellate Court had reversed the Trial Court's decision, and that the Commission has the right to terminate the services of the City Attorney. Mayor Partyka explained that he was reviewing his options. Discussion. "THEREFORE, I WILL MAKE A MOTION, AND WOULD HOPE FOR A SECOND, THAT WE NOT ACCEPT THE RESIGNATION OF KRUPPENBACHER AND ASSOCIA TES. MOTION BY COMMISSIONER McLEOD. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. Commissioner Martinez stated for the record, "Apparently, or from the remarks by our Mayor, this matter is not over yet, and I see you stated they are reviewing all the ramifications attached to the Upper Court decision - which is the same thing that occurred when the Lower Court rendered a decision, favorable to the Mayor. We said to him, it was not over until the next step was taken, which is the Court of Appeals. Now, they have the right to go further, and I don't know if that is their intent, but, I do hope that we can bring this issue to a closure, and it has already cost the City $27,000 dollars, and if it goes further- it's going to cost a heck ofa lot more - so, I do hope that possibly, we can bring this to a closure and consider the possibility of settling this Attorney issue, come the end of the year, when it is a proper time for the Mayor and the Commission, for the Mayor to present candidates and for the Commission to approve or disapprove those candidates" . Discussion continued regarding possibly changing the Charter~ a referendum~ and the related time limit involved for this ruling. There was also discussion regarding the contract with Frank Kruppenbacher. Commissioner McLeod added, "I would say, that if it's not under Kruppenbacher & Associates, that it should be re-assigned to Kruppenbacher & Associates - or Kruppenbacher & Guthrie". Commissioner Miller asked Commissioner McLeod, if this applied to the letter of resignation, Commissioner McLeod replied, "Yes", CITY OF WINTER SPRlNGS MINUTES CITY COMMISSION REGULARMEETING-APRIL 12,1999 PAGE 7 OF 12 VOTE: COMMISSIONER McLEOD: A YE; COMMISSIONER MARTINEZ: AYE; COMMISSIONER BLAKE: AYE; COMMISSIONER MILLER: AYE; DEPUTY MAYOR GENNELL: AYE. MOTION CARllUED. Mayor Partyka called a recess at 7:50 p.m. Mayor Partyka called the meeting back to order at 8:05 p.m. Community Development Department/Planning Division A. Requesting Commission direction relative to negotiations between the City and Discount Auto Parts. This Agenda Item was presented to the Commission. Manager McLemore advised the Commission that Staff would be meeting with representatives from Discount Auto Parts tomorrow regarding this issue. Deputy Mayor Gennell stated, "Well, I am just going to state for the record, that there is no sense in us having gone throuih that Corridor Design Process, and there is no sense having the rules, if we don't stick to them, and this is the whole reason why we engaged in that process to start with - and I know it's difficult and I know it's difficult for these businesses; they have their own set way of doing things, but this is what the community has reflected - the quality of visual appreciation that they wanted to enjoy as they go up and down that corridor, and I think we need to honor that, and I think that we've toiled over that a good long time, over those guidelines; and I'm firmly behind them - without exception". "LET'S JUST REAFFIRM THE ITEMS "A" THROUGH "C", THAT ARE INDICATED UNDER 1 IN FINDINGS". MOTION TO APPROVE BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: DEPUTY MAYOR GENNELL: AYE; COMMISSIONER McLEOD: AYE; COMMISSIONER MIlLLER: AYE; COMMISSIONER BLAKE: AYE; COMMISSIONER MARTINEZ: AYE. MOTION CARRlED. Fire Department B. Requests that the City Commission review the following information relative to a proposed wall behind Fire Station #26 and provide staff with any direction it deems appropriate. There was much discussion on this Agenda Item regarding such matters as safety issues; noise; the height of the proposed wall; architectural involvement; landscaping options; and related costs. Tape 2/Side A CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 12, 1999 PAGE 8 OF 12 The Commission asked that Staff check on the costs of guardrails or some type of safety barrier; iron fence; or six (6) inch concrete curbs. Such information was requested to be brought back to the Commission. City Manager C. Requesting the City Commission to consider approving Resolution #877 creating the Oak Forest Beautification Advisory Committee. Mayor Partyka asked, "Is there a motion to approve the Resolution"? "I'LL MAKE THE MOTION". MOTION BY COMMISSIONER McLEOD. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. VOTE: COMMISSIONER BLAKE: A YE; COMMISSIONER MILLER: AYE; COMMISSIONER McLEOD: AYE; COMMISSIONER MARTINEZ: AYE; DEPUTY MAYOR GENNELL: AYE. MOTION CARRIED. VU. REPORTS A. Law Firm of Frank Kruppenbacher, P.A., No report from Attorney Guthrie. B. City Manager - Ronald W. McLemore Manager McLemore reminded the Commission about the Workshop scheduled for Monday, April 19, 1999, at 6:30 p.m., regarding the Town Center. Commissioner McLeod asked the City Manager if a meeting had been scheduled with the Schrimshers, (and their Attorneys), to "address the Agreement proposal, as they put it". Manager McLemore replied that this could be done within the next two days. Commissioner McLeod then said, "I would recommend that that be done". C. Commission Seat I - Robert S. Miller Commissioner Miller asked Police Chief Daniel J. Kerr about the number of false alarms in the City of Winter Springs that are occurring on a monthly or annual basis; and what the impact was? Commissioner Miller also asked what the fees were after the first three "free" responses. Chief Kerr said that he would get an update on the fees for Commissioner Miller. Commissioner Miller then asked about the possibility of closing Wade Street. Manager McLemore reminded the Commission of the plan to first proceed with the planned traffic calming measures, then they would see how thing were working. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULARMEETING-APRIL 12,1999 PAGE 9 OF 12 Commissioner Miller inquired about the status of the four-plex's, Commissioner Miller complimented the City on the landscaping along State Road 434~ and asked about the status of improvements to the "old 434 corridor". Manager McLemore stated that within the next two Commission Meetings, that they will be bring forward a proposed sketch to the Commission. D. Commission Seat IT - Michael S. Blake Commissioner Blake also complimented the City on the landscaping along State Road 434. Commissioner Blake then read from the Orlando Sentinel's "Ticked Off - The Flip Side": "Thank you to the City of Winter Springs City Workers - we made a mistake and got to the Easter Egg Hunt an hour late - and we asked if they could give my daughter some empty eggs to fill her basket. Instead, they gave her eggs filled with candy, plus, a special prize basket. It made her day!" Commissioner Blake then spoke on the conditions of the Golf Course, and asked if there was anything that the City could do - to please do so. Commissioner Blake handed out a "draft" document pertaining to a property at the intersection of Seneca Boulevard and Winter Springs Boulevard. There was discussion pertaining to assisting the property owner with the timely provision of water, should the property owner be de-annexed from the City of Oviedo~ and should he lose water service. There was additional discussion regarding the proposed costs associated with this "transparent move", and possible credits. Manager McLemore said that he had planned to bring this item, with alternatives, to the Commission at their next Meeting. Commissioner Blake mentioned his concern with the amount of work that this City Clerk's Office does for the CALNO organization. Discussion. Manager McLemore was asked to review this matter from a management standpoint, and bring this back to the Commission. E. Commission Seat ill - Ed Martinez, Jr. Commissioner Martinez asked why the Commission had not been receiving the same Monthly Reports, (like the January Activity Report, that came with a note from the City Manager). Discussion ensued about the report that Commissioner Martinez had spoken about. Commissioner Martinez inquired about the credits that Ms. Jacqueline Geisler had asked for, regarding water payment problems, Manager McLemore said that he would be glad to look at the letter from Ms. Geisler. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 12, 1999 PAGE 10 OF 12 Commissioner Martinez asked if the landscaping problems at the Hess Station, had been taken care of, as of yet? Manager McLemore said that he would check on this. Commissioner Martinez asked Police Chief Kerr about the possibility of the City securing a K-9 unit. Discussion. Commissioner Martinez stated, "I am recommending to this Commission that they consider seriously facilitating that - a dog to your department to strengthen the ability to fight crime in this City". Commissioner Martinez read a personal statement into the record - Attachment HA". F. Commission Seat IV - Cindy Gennell Deputy Mayor Gennell asked Manager McLemore about the status of the sign at the Winter Springs Golf Course, There was discussion on "variances", and why a letter regarding the Golf Course was being sent to the City Commission. Deputy Mayor Gennell passed out a CALNO Resolution pertaining to Video Gambling. Discussion. The Commission asked Manager McLemore to write a letter, in opposition to Video Gambling", (similar to Attachment HE", which was addressed to Senator Webster). The Commission agreed that this letter should be signed by the Mayor, and then faxed to Tallahassee tomorrow, "I WOULD MAKE THE MOTION THAT WE PASS A RESOLUTION IN OPPOSITION TO ANY KIND OF VIDEO GAMBLING, AS IS PROPOSED IN THE LEGISLATURE TIDS YEAR". MOTION BY DEPUTY MA YOR GENNELL. SECONDED BY COMMISSIONER MaLlER. Tape 2/Side B DISCUSSION. COMMISSIONER BLAKE STATED, "I TAKE EXCEPTION TO THE SECOND TO THE LAST WHEREAS, SPECIFICALLY THE WORDING; SPECIFICALLY THE LAST LINE, WHERE IT TALKS ABOUT 'OTHER CASINO GAMES WHICH ARE RUSES THAT PURPORT 1'0 BE PART OF THE STATE LOTTERY'. I JUST DON'T THINK THAT'S THE APPROPRIATE TYPE OF LANGUAGE THAT WE WANT TIDS COMMISSION TO HAVE COMING OUT OF IT". MAYOR PARTYKA THEN SAID, "ALL YOU WANT IS A MOTION IN OPPOSITION OF THE CURRENT BaLS THAT YOU .MENTIONED". COMMISSIONER BLAKE ASKED, CAN WE AMEND THE MOTION TO SUGGEST THAT. DEPUTY MAYOR GENNELL AGREED. THE AMENDMENT WAS SECONDED BY COMMISSIONER MILLER. VOTE: CITY OF WINTER SPRINGS MINUfES CITY COMMISSION REGULARMEETING-APRlL 12, 1999 PAGE 11 OF 12 COMMISSIONER MILLER: A YE; COMMISSIONER BLAKE: AYE; COMMISSIONER MARTINEZ: AYE; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER McLEOD: AYE. MOTION CARRlIED. Deputy Mayor Gennell next addressed the issue of the City's Y2K Compliance Issue, especially pertaining to the Police, Fire, and Utility Departments. Commissioner Blake agreed with Commissioner Gennell's request, and asked for Y2K Policy Statement to be forwarded to this Commission. Commissioner Blake also stated that "We do need to discuss with our "sister" cities, and with the County, and with the State also, in terms of what contingency plans they have in place; also our major utility providers, such as electric and phone. All of these places already have Y2K contingency plans in place, and we need to know where we fit in with them". NOTE: Commissioner Martinez mentioned that Commissioner Blake had recently been elected to the Central Florida Regional Planning Council. G. Commission Seat V - David McLeod Addressed the Charter in tenns of the voting requirements to remove the City Manager, City Attorney, and City Clerk. Discussion. Commissioner McLeod asked when a Charter Review would be completed? Commissioner Blake stated that in March of last year, a Motion was carried pertaining to a Charter Review. Commissioner Blake asked that this be researched and brought back to us. Commissioner McLeod asked about the recent fire in the Oak Forest subdivision. H. Mayor's Office - Paul P. Partyka Mayor Partyka explained his preference for everyone to use the wording: "Historical Winter Springs" instead of "Old Winter Springs" or "East Winter Springs" or "West Winter Springs". Mayor Partyka asked everyone to starting thinking "along those lines". Mayor Partyka stated that "Richard from the Barber Shop, suggested this, and I put this on the record, is that we should have a little plaque at the Barber Shop, that says, 'Site of the Original City Hall"'. Mayor Partyka added that he may send a memo out regarding this. The Commission agreed that this could be done. Mayor Partyka next spoke about promoting the "Brick Program". CITY OF WINTER SPRINGS MINlITES CITY COMMISSION REGULAR MEETING - APRIL 12, 1999 PAGE 12 OF 12 Also mentioned by Mayor Partyka was that Manager McLemore was being considered for the County Manager position. The Commission asked Manager McLemore to bring the renewal of his contract, back to the Commission - at the next meeting. Vll. ADJOURNMENT Mayor Partyka adjourned the Meeting at 10:01 p.m. Respectfully Submitted By: Andrea Lorenzo-Luaces Interim City Clerk NOTE: These minutes were approved at the June. 28 , 1999 City Commission Meeting,