HomeMy WebLinkAbout_1999 08 16 City Commission Regular Minutes
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
CONTINUATION OF THE AUGUST 9, 1999 REGULAR MEETING
HELD ON AUGUST 16, 1999
I. CALL TO ORDER
The Continuation of the Regular Meeting (of August 9, 1999) of the City Commission
was called to order by Mayor Paul P. Partyka at 5: 11 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, present
Commissioner Robert S. Miller, present
Commissioner Michael S. Blake, present
Commissioner Edward Martinez, Jr., present
Commissioner David W. McLeod, arrived at 5:52 p.m.
City Manager Ronald W. McLemore, present
Law Firm of Frank Kruppenbacher, P.A., Robert Guthrie, arrived at 5:17 p.m.
Mayor Partyka requested that he be able to ask a question about Informational Agenda
Item "F n.
IV. INFORMATIONAL
C. City Manager and Parks and Recreation Department
Providing The City Commission Current Information Regarding Skate Park/Court
Facilities For Public Use.
D. City Manager
Requests The City Commission Consider A Draft Ordinance Prepared By The City
Attorney Amending Chapter 3, Alcoholic Beverages Of The City Code.
E. Community Development Department - Engineering Division
Requests The City Commission Review Information Regarding Golf Terrace
Apartments, Phase II As To Setbacks, Fencing And Landscaping Requirements.
F. City Clerk's Office
The Interim City Clerk Requests The City Commission Review This Agenda Item
For Information Regarding Some Of The Preliminary Details And Dates Pertaining
To The Upcoming City Election.
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PAGE 2 OF II
Mayor Partyka asked about the Election Board that is appointed by the Mayor. The
Interim City Clerk explained that the Election Board were the Poll Workers.
Mayor Partyka said, "We'll take a Motion to approve".
"SO MOVED". MOTION (TO APPROVE THE INFORMATIONAL AGENDA)
BY COMMISSIONER MARTINEZ. SECONDED. VOTE: COMMISSIONER
BLAKE: AYE; COMMISSIONER MARTINEZ: AYE; DEPUTY MAYOR
GENNELL: AYE; COMMISSIONER MILLER: AYE. MOTION CARRIED.
V. PUBLIC HEARINGS
C. Community Development Department - Planning Division
Requests The Commission Hold A Public Hearing For A Second Reading And
Adoption Of Ordinance 724 On A Proposal To Adopt The GreeneWay Interchange
District Large Scale Comprehensive Plan Amendment.
Manager Ronald W. McLemore read Ordinance 724 by "title only".
Attorney Robert Guthrie arrived at 5: 17 p. m.
Discussion ensued on the future land use map; conservation areas; a high intensity land
use being applied to a conservation area; the accuracy of maps; critically protected areas;
Development Agreements; Comprehensive Plan Amendments; compatible uses; working
with the Department of Community Affairs (DCA); suggesting that the City draft an
Ordinance regarding the protection of wetlands; riparian rights; enforcing more stringent
criteria to protect the wetlands; and regulating docks.
Commissioner David W. McLeod arrived at 5:52 p.m.
The Commission suggested that the City consider agenda items (on upcoming agendas)
regarding restricting the "platting" into conservation areas; and to impose a building
permit procedure for docks. Discussion.
Mayor Partyka opened the "Public Input" portion of this program.
Robert King, 2211 Black Hammock, Oviedo, Florida: spoke on the issue of the
designation of conservation areas; high intensity lands; and the Friends of Lake Jesup.
Hugh Harling: discussed (wetland) overlay areas; and encroachments.
The "Public Input" portion of this program was closed.
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The Commission further discussed the property that had been added in (shown under
Exhibit "A"); policies designated by the City; and representations of boundaries being
adopted.
"WE DO APPROVE THESE FUTURE LAND USE OF THE LARGE SCALE
COMPREHENSIVE PLAN, ADOPTING AND CREATING A NEW FUTURE
LAND USE FOR THE GREENEW A Y INTlERCHANGE - AND WITH THAT
HOWEVER, I WOULD LIKE TO MAKE SURE THAT THE MAP THAT WE DO
USE IS THE PROPOSED FUTURE LAND USE MAP OF THE GREENEW A Y
INTERCHANGE THAT IS UNDER ATTACHMENT "C" MAP, RATHER THAN
ATTACHMENT "A" MAP". MOTION BY COMMISSIONER McLEOD.
SECONDED BY DEPUTY MAYOR GENNELL.
COMMISSIONER McLEOD ADDED, "AND THAT HAS THE ADDED SECTION
THAT IS BROUGHT DOWN, THAT IS NOT SHOWN ON THE MAP, UNDER
"C", TO ADOPT THAT ON - A STRAIGHT LINE". DISCUSSION.
Tape I/Side B
Discussion ensued on advertising and notification to property owners.
Mike Schrimsher, 600 East Colonial Drive, Suite 100, Orlando, Florida: spoke on how
their property is affected, and asked for future notification.
"I THINK I WILL MAKE AN AMENDMENT OF THE MOTION TO PULL THE
SCHRIMSHER PIECE OUT, JUST SO THAT THERE IS NO
MISUNDERST ANDING ON THIS PIECE OF PROPERTY. IF IT'S GOING TO
BECOME AN ISSUE AT ANY POINT, THEN I'LL MAKE A MOTION THAT
WE DO USE "C" MAP, AS THE "C" MAP IS ELIMINATING THE
SCHRIMSHER PIECE OF PROPERTY. THAT'S THE AMENDMENT TO MY
MOTION". MOTION BY COMMISSIONER McLEOD. SECONDED BY
DEPUTY MAYOR GENNELL. DISCUSSION.
Mayor Partyka clarified that "A vote of 'yes' is to approve the amendment, as
Commissioner McLeod says, to remove that piece - a vote for the amendment is a 'yes"'.
VOTE: COMMISSIONER MARTINEZ: AYE; COMMISSIONER BLAKE:
AYE; COMMISSIONER MILLER: NAY; DEPUTY MAYOR GENNELL: AYE;
COMMISSIONER McLEOD: AYE. MOTION CARRIlED.
Commissioner Blake then clarified, "The map has changed to show the conservation area
intact".
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PAGE 40F II
DISCUSSION. VOTE: DEPUTY MAYOR GENNELL: AYE; COMMISSIONER
MARTINEZ: AYE; COMMISSIONER McLEOD: AYE; COMMISSIONER
BLAKE: AYE; COMMISSIONER MILLER: AYE. MOTION CARRIED.
Tape 2/Side A
Mayor Partyka called a recess at 6:48 p.m.
The meeting was called back to order at 6:58 p.m.. by Mayor Partyka.
Mickey Grindstaff: as the Attorney for the Schrimsher organization that they were willing
to proceed and they would appreciate courtesy notices.
Mayor Partyka said, "Do we need a Motion to reconsider"?
"SO MOVED". MOTION BY COMMISSIONER MILLER. SECONDED BY
COMMISSIONER McLEOD. DISCUSSION. VOTE: COMMISSIONER
MILLER: AYE; COMMISSIONER McLEOD: AYE; COMMISSIONER
MARTINEZ: AYE; COMMISSIONER BLAKE: AYE; DEPUTY MAYOR
GENNELL: AYE. MOTION CARRIED.
Mayor Partyka then said, "I need a Motion to rescind the Motion that you had made
earlier on Ordinance 724".
"I'D LIKE TO MAKE A MOTION TO RESCIND IT". MOTION (TO RESCIND
ORDINANCE 724) BY COMMISSIONER McLEOD. SECONDED BY
COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER
MARTINEZ: AYE; COMMISSIONER BLAKE: AYE; COMMISSIONER
MILLER: AYE; COMMISSIONER McLEOD: AYE; DEPUTY MAYOR
GENNELL: AYE. MOTION CARRIED.
Mayor Partyka clarified that ''Now, at this point, there is no Motion".
The Commission discussed the "public input" held earlier in the meeting.
Mickey Grindstaff: reiterated his clients' concern with setbacks.
"I'D LIKE TO MAKE A MOTION THAT WE GO AHEAD AND ADOPT THE
LARGE SCALE COMPREHENSIVE PLAN AMENDMENT CREATING A NEW
FUTURE LAND USE MAP DESIGNATION OF THE GREENE WAY
INTERCHANGE DISTRICT, BUT THAT WE INCLUDE THE MAP "C" AND
THAT WE GO AHEAD AND SQUARE THAT OFF TO INCLUDE THE
SCHRIMSHER PROPERTIES AT THiS TIME". MOTION BY
COMMISSIONER McLEOD.
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PAGE 50F 11
COMMISSIONER McLEOD ADDED TO HIS MOTION, "TO USE THE
PROPOSED FUTURE LAND MAP - NOT THE CURRENT ONE". SECONDED
BY DEPUTY MAYOR GENNELL. DISCUSSION. VOTE: COMMISSIONER
BLAKE: AYE; COMMISSIONER MILLER: AYE; COMMISSIONER
MARTINEZ: AYE; COMMISSIONER McLEOD: AYE; DEPUTY MAYOR
GENNELL: AYE. MOTION CARRIED.
D. Community Development Department - Planning Division
Requests The City Commission Hold A Public Hearing For The First Reading Of
Ordinance 725 To Adopt The GreeneWay Interchange Zoning District Text and
Map.
"MOTION TO READ BY TITLE ONLY". MOTION BY COMMISSIONER
McLEOD. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE:
COMMISSIONER MILLER: AYE; COMMISSIONER McLEOD: AYE;
COMMISSIONER MARTINEZ: AYE; COMMISSIONER BLAKE: AYE;
DEPUTY MAYOR GENNELL: AYE. MOTION CARRIED.
Attorney Guthrie read Ordinance 725 by "title only".
Mayor Partyka opened the "Public Input" portion of th is program.
There was no public input.
The "Public Input" portion of this program was closed.
Mayor Partyka stated, "We need a Motion to move this forward".
"SO MOVED". MOTION (TO MOVE IT FROM THE FIRST TO THE SECOND
READING) BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER
McLEOD, WHO SAID "THE MOTION THEN DOES INCLUDE THE MAP AS
IN THE PREVIOUS AGENDA ITEM "C". DISCUSSION.
COMMISSIONER MILLER STATED THAT "MR. MAYOR, I'D LIKE TO
WITHDRAW MY MOTION".
MOTION BY COMMISSIONER MILLER "I MOVE TO TABLE THIS".
DEPUTY MAYOR GENNELL STATED, "I AMEND THE MOTION TO DELETE
THAT PART OF THE AREA THAT IS DESIGNATED CONSERVATION
EASEMENT, AND DELETE THE ZONING ON THAT PIECE AND MAKE IT
APPLY ONLY TO THE BALANCE OF THE PROPERTY. SECONDED.
DISCUSSION. VOTE ("TO AMEND; THIS VOTE IS FOR THE AMENDMENT;
THE AMENDMENT IS TO DELETE THE CONSERVATION AREA"): DEPUTY
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MAYOR GENNELL: AYE; COMMISSIONER MILLER: AYE;
COMMISSIONER McLEOD: NAY; COMMISSIONER MARTINEZ: AYE;
COMMISSIONER BLAKE: AYE. MOTION CARRIED.
VOTE ("ON THE ORIGINAL MOTION; TO PASS IT ON FROM FIRST TO
SECOND READING, WITHOUT THE CONSERVATION AREA; THE
AMENDED MOTION"): COMMISSIONER BLAKE: AYE; DEPUTY MAYOR
GENNELL: AYE; COMMISSIONER MILLER: AYE; COMMISSIONER
MARTINEZ: AYE; COMMISSIONER McLEOD: NAY. MOTION CARRIED.
The next reading will be on the 23rd of August.
E. Community Development Department - Planning Division
Requests The City Commission Extend By Mutual Agreement With The Casscells
Trust Property The Expiration Date Of Section 7 (b) Of The Casscells Interim
Development Agreement From August 23,1999 To November 21,1999.
Mayor Partyka opened the "Public Input" portion of this program.
Margaret Casscells, 907 Old New England Avenue, Winter Park, Florida: asked to do
this for sixty (60) days; and time constraints; until October 23rd as the date certain.
The "Public Input" portion of this program was closed.
"I'D LIKE TO MAKE A MOTION TO ACCEPT FOR SIXTY (60) DAYS".
MOTION BY COMMISSIONER MARTINEZ. SECONDED BY DEPUTY
MAYOR GENNELL.
Mayor Partyka clarified that October 23 rd, 1999 would be the "date certain".
DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE; COMMISSIONER
McLEOD: AYE; COMMISSIONER MARTINEZ: AYE; COMMISSIONER
MILLER: AYE; DEPUTY MAYOR GENNELL: AYE. MOTION CARRIED.
VI. REGULAR
Deputy Mayor Gennell said that in reviewing what had transpired during discussion
regarding Regular Agenda Item "c" (the Parkstone issue), Deputy Mayor Gennell asked
that signage be posted "On the uplands end of the uplands buffer".
Manager McLemore clarified that this has been agreed to.
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PAGE 7 OF 11
D. Public Works Department
Forwarding Applicants for the Oak Forest Wall and Beautification District
Advisory Committee to the City Commission.
The Commission made the following nomination for their selection for this Advisory
Board:
· Commission Seat 1 - Robert S. Miller nominated Mr. Thomas Helgeson.
· Commission Seat 2 - Michael S. Blake nominated Mr. Albert Murro.
· Commission Seat 3 - Edward Martinez, Jr. nominated Ms. Anna Fernandez.
· Commission Seat 4 - Cindy Gennell nominated Mr. Dennis Norsesian.
· Commission Seat 5 - David W. McLeod nominated Ms. Lorene "Lorie" Taylor.
"MAYOR, MOTION TO APPROVE THE NOMINEES AS SUGGESTED".
MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSONER
MARTINEZ. VOTE: COMMISSIONER MILLER: AYE; COMMISSIONER
MARTINEZ: AYE; COMMISSIONER McLEOD: AYE; COMMISSIONER
BLAKE: AYE; DEPUTY MAYOR GENNELL: AYE. MOTION CARRIED.
The Commission asked that letters be sent out to the nominated Board Members, and also
to the remainder of the candidates. It was suggested that the individuals who were not
nominated tonight, should be encouraged (in the letters to be sent) to attend the meetings
for this advisory committee.
E. City Manager
Requests The City Commission Discuss Whom The City Clerk's Office Is Directly
Responsible To; In Addition To Considering Resolution Number 740 Which
Establishes The Rules For The Conduct Of Its Business. (This Item Was Previously
Scheduled For The City Commission Regular Meeting Of July 12, 1999 And July 26,
1999).
Discussion ensued on whom the City Clerk reports to on a daily basis; and that the City
Clerk has to work closely with the City Manager.
Tape 2/Side B
The Commission discussed day-to-day practices; the relationships explained in the
Charter; Resolution 740; the possibility of relinquishing powers granted by the Charter;
working with the City Manager; policy directives; checks and balances; the Sunshine
Law; the opinions of other area City Clerks such as partnerships, vacations and
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PAGE 80Fl1
evaluations; the Commission delegating through the City Manager on a day-to-day basis;
and conflicts possibly associated with this arrangement.
"I MOVE THAT WE ESTABLISH A RESOLUTION THAT PROVIDES FOR
DELEGATING THE DAY TO DAY OPERATIONS OF THE CITY CLERK'S
OFFICE TO THE CITY MANAGER". MOTION BY DEPUTY MAYOR
GENNELL.
Manager McLemore said, "And I would add to that in accordance with your rules and
policies that you've set out, relative to that office".
SECONDED BY COMMISSIONER McLEOD. DISCUSSION.
COMMISSIONER BLAKE: NAY; COMMISSIONER MILLER:
COMMISSIONER McLEOD: AYE; DEPUTY MAYOR GENNELL:
COMMISSIONER MARTINEZ: AYE. MOTION CARRIED.
VOTE:
NAY;
AYE;
Discussion ensued about Resolution 740; and conflicts with the Charter.
"I WOULD MOVE THAT WE RESCIND THIS RESOLUTION AND CHARGE
THE CITY MANAGER WITH COMING BACK FOR A RECOMMENDED
SUBSTITUTION". MOTION BY DEPUTY MAYOR GENNELL. SECONDED
BY COMMISSIONER MARTINEZ.
"I WOULD LIKE TO AMEND THAT, TO THE FACT THAT WE LEAVE 740 IN
PLACE AND WE DO DIRECT THE CITY MANAGER TO BRING BACK TO US
AN AMENDED ONE, AND AT THAT TIME, THAT WE RESCIND 740".
MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER
MILLER. DISCUSSION. VOTE (ON THE AMENDMENT): COMMISSIONER
MARTINEZ: AYE; COMMISSIONER MILLER: AYE; DEPUTY MAYOR
GENNELL: AYE; COMMISSIONER BLAKE: AYE; COMMISSIONER
McLEOD: AYE. MOTION CARRIED.
VOTE (ON THE AMENDED MOTION): COMMISSIONER MILLER: AYE;
DEPUTY MAYOR GENNELL: AYE; COMMISSIONER MARTINEZ: AYE;
COMMISSIONER BLAKE: AYE; COMMISSIONER McLEOD: AYE. MOTION
CARRIED.
VII. REPORTS
A. Legal Counsel- Law Firm of Frank Kruppenbacher, P.A., Robert Guthrie
No Report.
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B. City Manager - Ronald W. McLemore
Manager McLemore advised the Commission that he had filed a complaint regarding
telephone vulgarity and threats that were made by a resident.
Several members of the Commission asked that they be heard during this Commission
Meeting. The telephone calls were played for the Commission.
C. City Clerk - Andrea Lorenzo-Luaces (Interim City Clerk)
The Interim City Clerk asked whom the letters to the appointed persons for the Oak
Forest Advisory Board should be signed by. It was agreed that the letters should be
signed by the Mayor.
D. Commission Seat IV - Cindy Gennell
Deputy Mayor Gennell asked about receiving the minutes from the Workshop regarding
Commission Meeting procedures.
Deputy Mayor Gennell then suggested that we consider previous comments about the
Southern Building Codes.
Deputy Mayor Gennell then asked that the Mayor to stop taking "Public Input" from the
audience, when it is not appropriate. Deputy Mayor Gennell also asked about "point of
orders".
Regarding the number of votes necessary to adjourn, Deputy Mayor Gennell said that she
would agree to "Three (3) votes", in the future.
E. Commission Seat V - David W. McLeod
Commissioner McLeod asked the Mayor when he would be appointing an Interim City
Attorney.
F. Commission Seat I - Robert S. Miller
Commissioner Miller requested that the Mayor not poll the Commission again regarding
allowing additional persons to speak.
G. Commission Seat II - Michael S. Blake
Commissioner Blake also discussed recognizing people In the audience, and related
outbursts.
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PAGE 10 OF 11
COMMISSIONER BLAKE THEN STATED THE FOLLOWING: "I'D LIKE TO
MAKE A MOTION THAT THE COMMISSION DIRECT THE CHAIR TO NOT
RECOGNIZE PEOPLE FROM THE AUDIENCE UNLES IT IS A PROVIDED
PUBLIC INPUT TIME FOR THEM TO SPEAK". MOTION BY
COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR GENNELL.
DISCUSSION. VOTE:, COMMISSIONER BLAKE: AYE; COMMISSIONER
MARTINEZ: AYE; COMMISSIONER MILLER: AYE; DEPUTY MAYOR
GENNELL: AYE; COMMISSIONER McLEOD: NAY. MOTION CARRIED.
Commissioner Blake asked the Mayor's about the appointment for the City Clerk.
Commissioner Blake inquired about the intersection of 434 and Central Winds Park; why
an officer is posted there; and whether a light was planned. Mr. Kip Lockcuff, P.E.,
Public WorkslUtility Director mentioned that they would make the request for a light.
H. Commission Seat III - Edward Martinez, Jr.
Commissioner Martinez also discussed additional "Public Input" comments.
COMMISSIONER MARTINEZ NOMINATED MR. JACK TAYLOR TO THE
BOARD OF ADJUSTMENTS.
MOTION BY COMMISSIONER MARTINEZ. SECONDED BY
COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER
McLEOD: AYE; COMMISSIONER BLAKE: AYE; COMMISSIONER MILLER:
AYE; COMMISSIONER MARTINEZ: AYE; DEPUTY MAYOR GENNELL:
AYE. MOTION CARRIED.
Commissioner Martinez then asked Mayor Partyka about an appointment to the Regional
Planning Council. Mayor Partyka asked that the Interim City Clerk remind him of this,
tomorrow.
I. Office of the Mayor - Paul P. Partyka
Mayor Partyka thanked the commission for their comments.
Mayor Partyka suggested that a Charter Review Committee be organized. Commissioner
Blake commented that in the fall oflast year there was similar discussion.
Manager McLemore said that he would do a position paper on this issue.
Mayor Partyka asked about the status of Manager McLemore's contract.
Manager McLemore said that he had been asked to bring it up at the next meeting.
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Regarding the City Attorney position, Mayor Partyka said that he would be putting out an
RFP for a permanent City Attorney, similar to what the City of Altamonte Springs had
previously done. Mayor Partyka also said that he would have an Interim City Attorney
for the next meeting. Discussion.
As to a permanent City Clerk nominee, Mayor Partyka also said that he would have more
information on this, based on upcoming rulings.
VIII. ADJOURNMENT
Mayor Partyka adjourned the Regular Meeting of August 9, 1999 at 9:03 p.m. (on August
16, 1999).
Respectfully Submitted By: Andrea Lorenzo-Luaces
Interim City Clerk
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PAULP. PARTYKA,MA
NOTE: These minutes were approved at the AUguR t 23, 1999 City Commission Meeting.