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HomeMy WebLinkAbout_1999 08 30 City Commission Regular Minutes CITY OF WINTER SPRINGS MINUTES CITY COMMISSION CONTINUATION OF THE AUGUST 23,1999 REGULAR MEETING HELD ON AUGUST 30, 1999 I. CALL TO ORDER The Continuation of the Regular Meeting of August 23, 1999, held on August 30, 1999 of the City Commission was called to order by Mayor Paul P. Partyka at 6:30 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). ROLL CALL: 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, present City Manager Ronald W. McLemore, present Law Firm of Frank Kruppenbacher, P.A., Robert Guthrie, present Interim City Clerk, Andrea Lorenzo-Luaces, present Mayor Partyka briefly spoke about the Add-On Agenda Item and stated that it cannot be added onto the Agenda unless the Commission votes to do so. "MAYOR, I'D LIKE TO MAKE A MOTION THAT WE ADD AGENDA ITEM, OR THE ADD-ON TO OUR AGENDA THIS EVENING, THE ITEM CONSIDERING THE AWARD OF THE CONTRACT FOR THE PARKS IMPROVEMENT PROGRAM." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSION MARTINEZ. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE; COMMISSIONER BLAKE: AYE; COMMISSIONER MILLER: NAY; DEPlUTY MAYOR GENNELL: AYE; COMMISSIONER McLEOD: AYE. MOTION CARRIED. V. PUBLIC HEARINGS B. Community Development Department - Code Enforcement Division Requests The City Commission Hold A First Reading Of Changes To Chapter 5 Entitled Arbor Regulations Of The City Of Winter Springs Code Of Ordinances Related To Tree Removal And Replacement. Ms. Jimette S. Cook, Code Enforcement Officer gave some background information regarding this Agenda Item; and spoke of "tree banks" being comprised of monetary CITY OF WINTER SPRINGS MINUTES CITY COMMISSION CONTINUATION OF THE AUGUST 23, 1999 REGULAR MEETING HELD ON AUGUST 30,1999 Page 2 of 11 contributions equal to the wholesale value of the trees; that the monies go towards replacement and maintenance of trees in the City's Parks and right-of-ways; and building a "sustainable urban forest" within the City. Mayor Partyka stated, "I'd like someone make a Motion to read by "title only". "SO MOVED". MOTION BY COMMISSIONER MARTINEZ. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER MILLER: AYE; COMMISSIONER MARTINEZ: AYE; COMMISSIONER McLEOD: AYE. MOTION CARRIED. Attorney Robert Guthrie read by "title only". Mayor Partyka opened the Public Hearing There was no public input. The Mayor closed the Public Hearing. Deputy Mayor Cindy Gennell suggested that under Section (d), paragraphs (1) and (2), the words "rights-of-ways" be changed to "land". The Commission and Ms. Cook were in agreement to make this change. Discussion ensued regarding the City Forester approving each instance of utilizing the "tree bank"; the ratio of wetlands and buffers; whether there would be credit given for removing invasive trees - and that this was a rather "stiff' proposal; and that penalties should be reconsidered. Ms. Cook offered to provide more information to the Commission regarding if there would be credit given for removing invasive trees. The Commission and Ms. Cook then spoke of the wording of the Ordinance; the designation of "Tree City"; and dealing with each case individually. Mayor Partyka took a consensus regarding leaving the Ordinance "The way it is" or making a change to the wording regarding the removal of invasive trees. The majority of the Commission agreed by consensus to not make any changes to the Ordinance regarding the removal of invasive trees. Mayor Partyka stated, "I'd be looking for a Motion to move this ahead to Second Reading" . CITY OF WINTER SPRINGS MINUTES CITY COMMISSION CONTINUATION OF THE AUGUST 23, 1999 REGULAR MEETING HELD ON AUGUST 30, 1999 Page 3 of 11 "SO MOVED". MOTION BY DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER McLEOD: NAY; COMMISSIONER MARTINEZ: AYE; COMMISSIONER BLAKE: AYE; COMMISSIONER MILLER: AYE; DEPUTY MAYOR GENNELL: AYE. MOTION CARRIED. C. City Manager Requests The City Commission Consider A First Reading Of Ordinance Number 735 Amending Chapter 3, Alcoholic Beverages Of The City Code. Mayor Partyka opened the Public Hearing There was no public input. The Mayor closed the Public Hearing. Mayor Partyka stated, "I'm looking for a Motion to read by "title only". "SO MOVED". MOTION BY COMMISSIONER MILLER. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE; COMMISSIONER McLEOD: AYE; COMMISSIONER MILLER: AYE; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER BLAKE: AYE. MOTION CARRIED. Attorney Guthrie read the Ordinance by "title only". The Commission and Attorney Robert Guthrie discussed how this Ordinance deals with the higher densities of the Town Center and GreeneWay Interchange Zoning Districts; the mix of uses regarding churches and schools; "first come-first serve basis"; should the relationship to day care centers be considered; that Section 3-1 clarifies this matter of school or churches near a vendor; and the exception explained in the proposed Section 3- 2. Attorney Guthrie noted that the title of the Ordinance only references the Town Center area and said that "We should indicate Town Center and GreeneWay Interchange Zoning District" . "MAYOR, I'D LIKE TO MAKE A MOTION THAT WE MOVE FORWARD TO THE SECOND READING ON ONLY THE 3-1 SECTION OF THIS ORDINANCE. WHICH MEANS IT PROBABLY HAS TO BE REWRITTEN, WHICH MEANS WE PROBABLY HAVE TO DO IT AGAIN, RIGHT? OR WE CAN DELETE LANGUAGE". CITY OF WINTER SPRINGS MINUTES CITY COMMISSION CONTINUATION OF THE AUGUST 23,1999 REGULAR MEETING HELD ON AUGUST 30,1999 Page 4 of 11 ATTORNEY GUTHRIE SAID, "I THINK WE CAN DELETE THAT LANGUAGE. YES". "THAT'S MY MOTION". MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER MILLER: NAY; COMMISSIONER MARTINEZ: AYE; COMMISSIONER McLEOD: NAY; COMMISSIONER BLAKE: AYE; DEPUTY MAYOR GENNELL: NAY. MOTION DID NOT CARRY. The was discussion regarding the necessity of restaurants flourishing in the Town Center District; eliminating the proposed Section 3-2; parental responsibility; influences on children; the separation of churches and establishments serving alcohol; and distance between residential areas and business which sell or serve alcohol. "I MAKE A MOTION WE TAKE IT TO SECOND READING". MOTION BY COMMISSIONER DAVID W. McLEOD. SECONDED. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE; COMMISSIONER BLAKE: NAY; COMMISSIONER MILLER: AYE; COMMISSIONER MARTINEZ: NAY; DEPUTY MAYOR GENNELL: AYE. MOT][ON CARRIED. VI. REGULAR A. Community Development Department - Code Enforcement Division Requests The City Commission Give Direction To Staff Regarding Sign Regulations In The State Road 434 Corridor Vision Plan. Ms. Cook addressed the commission regarding signage issues and what should come before the Design Review Committee (DRC). Discussion ensued on "balloon" signs; "snipe" signs; and had there been many or any customer complaints. The City Manager was asked for his input, and Manager McLemore spoke of "applying reasonable standards"; and that the Commission should decide how far the Commission wants to go in restricting signs. There was further discussion regarding die cut signs; the input of the Design Review Committee; visibility; guidelines; fees for sign permits; the burden on the Code Enforcement Department; and developing criteria for small signs. Commissioner Blake suggested that Staff come back to the Commission with a recommendation with "What a reasonable number might be" as to how many small (under 6 square feet) signs should be allowed per property, "Based on some real life 1 " examp es . CITY OF WINTER SPRINGS MINUTES CITY COMMISSION CONTINUA TION OF THE AUGUST 23, 1999 REGULAR MEETING HELD ON AUGUST 30, 1999 Page 5 of II Discussion continued regarding not having a proliferation of small signs along the State Road 434 Corridor; not interfering with Code Enforcement procedures; the present Code; standards for small signs; and if violations regarding small signs at certain business are presently being enforced. Mayor Partyka asked whether the Commission was in agreement to (option one) "Strictly interpret the way it is right now", or (option two) "Is to have Staff come back with some kind of, what I call, common sense, practical stipulation". The majority of the Commission agreed by consensus to leave the Sign Regulations as they presently read. B. Community Development Department - Land Development Division Presents To The Commission The Recommendation Of The Planning And Zoning Board As It Relates To The Winter Springs Golf Course Parking Lot Improvements. Staff Also Presents To The Commission Recommendations To Be Included In A Proposed Development Agreement Between The City And The Developer Which Would Allow The Requested! Variances on This Project. This Agenda Item was postponed due to a request from the Petitioner. ADD-ON D. Parks And Recreation Department Requesting The City Commission To Award Bids For Parks Improvements As Per Bid #ITB-012-99- TL To The Low Bidder M.H. Williams Construction Company As Amended By Change Order #1, To Provide Contingencies, to provide the City Manager With The Authority To Enter Into A Contract With The Low Bidder, To Provide A Notice To Proceed To Construction, And To Amend The 1999 Revenue Bond Issue To Provide For Funding. Manager McLemore explained that this was a little more complicated than usual, as the bids came back substantially over the cost estimate; changes in the construction market; and that Staff tried to cut out extra expenses and increase sources of revenue. Tape I/Side B There was discussion on the urgency of beginning construction as soon as possible; the public's comments; previous bid approvals; additional monies planned for this project; past estimates and changes in budgeted amounts; the numerous request for improvements for playground equipment; and that several items that had been cut out. Manager McLemore further explained that additional monies ($400,000.00) for the Parks Improvement Project were taken from the 434 Beautification Project Grant Match, Traffic Calming, and Town Center Trail and Infrastructure projects, as these projects ended up being under budget. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION CONTINUATION OF THE AUGUST 23, 1999 REGULAR MEETING HELD ON AUGUST 30,1999 Page 6 of 11 Mr. Bill Starmer, Starmer, Ranaldi Planning and Architecture, Inc., (sri): addressed the Commission as the City's Design Consultants for this project. Mr. Starmer spoke about having trouble getting companies to bid on this project; that a contractor would need to mobilize several times, due to the numerous sites; some of the sites being remote, which would inflate prices; difficulty in the construction market; and the large projected landscape costs. Mr. Starmer advised the Commission of the following changes to the budget for this Agenda Item, and explained that these were the "basics", as there was "literally dozens" of changes: . Around $800,000.00 has been cut out of improvements and the budget has been increased by $400,000.00. . Grizzly Field project is no longer a part of the budget. . The Winding Hollow Nature Trail has been extracted from the project. . At Torcaso and Trotwood Parks, the six (6) fishing piers have been extracted, and being replaced by two "simpler" piers, one at each park. . Removing the sod from the project and letting the Parks and Recreation Department do those improvements. . Not putting Bermuda sod at the Trotwood Park fields and planting Bahai sod instead. Mr. Starmer then said, "The improvements the parks are getting are the quality that you originally desired. You're getting all the playground equipment. You're getting all the amenities that were originally planned, again, with exception of those two parks that were extracted" . Discussion ensued on the budgeting of the playground equipment; what was kept in this project; bonding; bridges; and the brick veneer at the restrooms being kept in the project. "MAYOR, I MAKE A MOTION WE APPROVE AWARDING THE CONTRACT TO M.H. WILLIAMS, THE LOW BIDDER, WITH THE APPROPRIATE ALTERATIONS AND CHANGE ORDERS DISCUSSED THIS EVENING". MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. Commissioner Gennell stated, "I want to thank everybody for their hard work that went into all this". VOTE: COMMISSIONER BLAKE: AYE; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER MILLER: AYE; COMMISSIONER McLEOD: AYE; COMMISSIONER MARTINEZ: AYE. MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION CONTINUA TION OF THE AUGUST 23, 1999 REGULAR MEETING HELD ON AUGUST 30, 1999 Page 7 of 11 Commissioner Martinez asked Attorney Guthrie about a page missing from the Agenda Item Packet of Public Hearings Agenda Item "D" at the August 23, 1999 City Commission Regular Meeting. Attorney Guthrie replied that that Agenda Item would have to be postponed "A little longer". VII. REPORTS A. Legal Counsel No report. B. City Manager - Ronald W. McLemore Manager McLemore spoke about completing his employment contract. The severance package and time for notification was discussed. The consensus of the majority of the Commission was that there be nine (9) months severance pay and a ninety (90) day resignation notice provision. Manager McLemore agreed to this arrangement. Mayor Partyka said, "We'll be looking forward to the final version of the contract at the next Commission Meeting". C. City Clerk - Andrea Lorenzo-Luaces (Interim City Clerk) Interim City Clerk Andrea Lorenzo-Luaces asked the Commission if they would like to consider an "application" process for individuals who are interested in serving on an Advisory Board. Commissioner Blake stated, "Mayor, I think that's a great idea. I would like to see an additional page put on there, though, that has each of the Boards listed, what their duties and responsibilities are, as well". The Commission was in agreement. D. Commission Seat V - David W. McLeod Commissioner David W. McLeod asked whether there would be an update on the City Attorney and the City Clerk positions. Discussion. Commissioner McLeod spoke on what he felt was the responsibility of the Mayor regarding the City Clerk and City Attorney positions - and he asked what the City Attorney's interpretation of the City Code was regarding the Commission making the appointments. Discussion. Commissioner Blake asked about a provision where the Deputy Mayor could make such appointment(s). CITY OF WINTER SPRINGS MINUTES CITY COMMISSION CONTINUATION OF THE AUGUST 23, 1999 REGULAR MEETING HELD ON AUGUST 30,1999 Page 8 of 11 Commissioner McLeod reported that he would like to have someone else reappointed to his seat on the 17-92 Visionary Committee, due to business conflicts. Commissioner Martinez (the City's current Alternate) was asked if would like to be appointed as the City's Representative. Commissioner Martinez was not in agreement. Commissioner Robert S. Miller agreed to continue Commissioner McLeod's term (approximately four months). Commissioner McLeod said that he was glad to see that the Oak Forest Wall and Beautification District Advisory Committee will be meeting on August 31, 1999 and asked if a employee of the City would be present. Manager McLemore replied that there would have to be an employee present to take notes and record the minutes. E. Commission Seat I - Robert S. Miller Commissioner Miller spoke about the location of the proposed Eckerds Drugstore at the intersection of State Road 419 and State Road 434, and asked ifthere could be some kind of agreement between the City and Eckerds to enhance this intersection. Manager McLemore said that the issue had already been discussed; and asked the Commission if the City should ask Eckerds to develop the design or does the City want to develop a design and pay for it? Manager McLemore said that he would continue to work on this issue. F. Commission Seat II - Michael S. Blake Commissioner Michael S. Blake noted that on Winter Springs Boulevard, near the entrance to County Club Village, there are potholes in the street. G. Commission Seat III - Edward Martinez, Jr. Commissioner Edward Martinez, Jr. stated for the record, "I'd like to say that I have received three phone calls, from people who do not identify themselves, telling me that there's a man by the name of David who has annexed property into the City, who is bragging about how rich is his going to get, and so on and so forth, and because he has friends on this Commission. I don't know if that is true or if it's a fact, but I'm putting it on the record because I was taught to cover myself. I don't know the purpose of these anonymous phone calls, so I'm letting you know that I received these phone calls and what they are about and if anyone here falls in the category, well, I suggest you watch yourself'. Commissioner Martinez then spoke about the City's designated voting delegate for the Florida League of Cities, and asked Mayor Partyka to comment on this under his seat. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION CONTINUA TION OF THE AUGUST 23, 1999 REGULAR MEETING HELD ON AUGUST 30,1999 Page 9 of 11 Commissioner Martinez advised the Commission that the City still needs to make another appointment to the Regional Planning Council. Commissioner Martinez read a document into the record (see Attachment "A"). Tape 2/Side A Commissioner Martinez next spoke of a sub-conference at the recent Florida League of Cities Annual Conference, regarding the relationship between City Managers and Commission Members. Commissioner Blake asked Manager McLemore if he had been instructed to provide the Commission with information from all of the Development Review Committee meetings, and Manager McLemore agreed that he had been doing this with any procedural and important meetings and, in addition, information has been provided to the Commission in the monthly reports. There was much discussion in reference to infomling the Commission of projects that are "In the works". In response to the Commission's concerns, Manager McLemore stated that he was going to develop a "matrix type" report, to be given to the Commission at their Regular Meetings, that will give the Commission the status of every project that the City knows about. The Commission was in agreement. H. Commission Seat IV - Cindy Gennell Deputy Mayor Gennell spoke about waiving political sign fees and permits; whether the regulations should be waived, as well; and how the new State Road 434 Corridor Vision Plan will affect the sign regulations. Discussion. "I MOVE THAT WE WAIVE THE SIGN FEES AND PERMITTING FOR POLITICAL SIGNS DURING THIS UPCOMING ELECTION PERIOD, IN THE CITY OF WINTER SPRINGS". MOTION BY DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER MILLER. DISCUSSION. DEPUTY MAYOR GENNELL CLARIFIED, "THAT'S NOT TO SAY THAT PEOPLE VIOLATE THE REGULATIONS, BUT THlEY DON'T HAVE TO PUT THE PERMITS ON OR PAY THE FEES AND ALL THAT. THEY STILL HAVE TO ADHERE TO WHATEVER THE REQUIREMENTS ARE AS FAR AS SETBACKS, AND SO FORTH". Attorney Guthrie also clarified, "If they put them in right-of-ways, and in medians, and that sort of thing, they'll be snatched up. So the regulatory aspects are still in force". CITY OF WINTER SPRINGS MINUTES CITY COMMISSION CONTINUA nON OF THE AUGUST 23, 1999 REGULAR MEETING HELD ON AUGUST 30, 1999 Page 100f11 There was continued discussion on waiving the sign fees; permits; regulations; and what has been done in the past; and hoW the State Road 434 Corridor Vision Plan will affect political signs. DEPUTY MAYOR GENNELL ADDED: "ONTO MY MOTION, I WOULD MAKE THE SPECIFIC TIME FROM SEPTEMBER 15TH, WHICH IS THE END OF QUALIFYING, TO NOVEMBER 4TH, THAT'S MY MOTION". DISCUSSION. VOTE: COMMISSIONER MILLER: AYE; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER MARTINEZ: AYE; COMMISSIONER BLAKE: AYE; COMMISSIONER McLEOD: AYE. MOTION CARRIED. Commissioner McLeod made the announcement that he would not be running for the Mayor's seat. I. Office of the Mayor - Paul P. Partyka Mayor Partyka addressed his responsibilities per the City's Charter; and voting at the recent Florida League of Cities Conference. Mayor Partyka nominated Commissioner Martinez as the City's Representative to the Regional Planning Council. Commissioner Martinez accepted. Mayor Partyka asked the Interim City Clerk to complete any necessary paperwork. Mayor Partyka asked about the status of parliamentary procedures. Mayor Partyka agreed to summarize the changes in a Memorandum and bring it back to the Commission Mayor Partyka spoke about starting the process for a permanent City Attorney. His plans are to give information about the nominee(s) for the Acting City Attorney to the Commission and to have the matter resolved at the September 13, 1999 City Commission Regular Meeting; along with the process of selecting the permanent City Attorney and City Clerk. There was much discussion between the Commission and the Mayor regarding the appointments of a permanent City Attorney and a permanent City Clerk. The Commission urged the Mayor to appoint a permanent City Clerk. Commissioner Martinez asked Attorney Guthrie to research if the Commission can "override this obstacle". Attorney Guthrie agreed to look into this and spoke regarding appointing a permanent City Attorney and City Clerk. '. .;::. -~~ ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION CONTINUA TION OF THE AUGUST 23, 1999 REGULAR MEETING HELD ON AUGUST 30, 1999 Page] I of II VIII. ADJOURNMENT The Meeting was adjourned by Mayor Partyka at 9:25 p.m. Respectfully Submitted By: Andrea Lorenzo-Luaces Interim City Clerk Amy R. Lovingfoss Interim Assistant City Clerk " APPROVED: <;Q- . . . : ...... .. . .~ NOTE: These minutes were approved at the SpptP.l'lbpr 13, 1999 City Commission Meeting.