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HomeMy WebLinkAbout_1999 11 08 City Commission Regular Minutes CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING NOVEMBER 8, 1999 I. CALL TO ORDER The Regular Meeting of November 8, 1999 of the City Commission was called to order by Mayor Paul P. Partyka at 7:01 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., absent Commissioner David W. McLeod, present City Manager Ronald W. McLemore, present City Attorney Anthony A. Garganese, present A moment of silent prayer was followed by the Pledge of Allegiance. The recently re-elected members of the Commission, Mayor Partyka, Commissioner Michael S. Blake, and Commissioner (Deputy Mayor) Cindy Gennell spoke briefly on their election efforts, and thanked the residents for their support. PRESENTATIONS Mayor Partyka presented a Proclamation to City of Winter Springs resident David Godwin on his recent promotion to Brigadier General of the National Guard. Mayor Partyka announced that a Proclamation was being given in honor of "National Epilepsy Awareness Month". II. PUBLIC INPUT Kim Eely, 643 Saranac Drive, Winter Springs, Florida: spoke about garage sales signs (in relation to political signs); and suggested that changes be made. Discussion ensued about signs in right-of-ways; and the difference with signs on public property versus private property. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 8, 1999 Page 2 of 12 Ms. Jimette Cook, Code Enforcement Officer addressed signage issues in relationship to the Code; and regulating the "content" of signs. Ms. Eely asked how she could find out if and when any (applicable) changes to the Code are made, and Mayor Partyka suggested that Ms. Eely contact Manager Ronald W. McLemore and/or the City Commission. Eddie Maier, 1097 Cheyenne Trail, Winter Springs, Florida: spoke about his tractor- trailer cab being parked in a fenced compound in the back of his subdivision; and asked why this is not permitted. Ms. Cook was asked to address this issue, and explained what the Code states. The direction of the Commission was that the Code would be reviewed, and such exceptions could be considered as amendments to this Code. Any applicable changes should be brought back to the Commission. Andrew Robert Piros, 350 State Road 434, Winter Springs, Florida: spoke about the improvements and upgrades that he has made to "Sir Walter's Pub", and the problems that he is having in regards to getting (temporary) signage to advertise his establishment. Discussion ensued on banner signs; and what changes could be incorporated, if necessary; the location of this establishment; temporary situations; and compliance with the Code. Manager McLemore suggested that Staff could review Ordinances related to "Grand Openings", for related ideas. "I WOULD NOT BE OPPOSED TO MAKE A MOTION RIGHT NOW, THAT WOULD ALLOW THIS PARTICULAR CIRCUMSTANCES, AND IT WOULD GO AGAINST OUR CODE, THAT AT THE PRESENT TIME, UNDER THE CIRCUMSTANCES, WHILE IT IS BEING REVIEWED, WHILE WE ARE IN REVIEW ON THIS ONE, FOR A GRAND OPENING, THAT WE WOULD ALLOW A TRAILER SIGN TO BE SET HERE FOR THIS INDIVIDUAL, FOR A GRAND OPENING, AND THAT SIGN WOULD NOT BE ABLE TO BE THERE MORE THAN TWO (2) WEEKS". COMMISSIONER McLEOD CONTINUED, "THAT WOULD BE MY MOTION". MOTION BY COMMISSIONER McLEOD. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. VOTE: COMMISSIONER MILLER: NAY; COMMISSIONER McLEOD: AYE; COMMISSIONER BLAKE: NAY; DEPUTY MAYORGENNELL: AYE; MAYOR PARTYKA: AYE. MOTION CARRIED. COMMISSIONER McLEOD WAS ASKED ABOUT THE ACTUAL TIME FRAME, AND SAID "TWO (2) WEEKS FROM THE DATE IT SHOWS UP". Russell Krauskopf, 436 Lancers Drive, Winter Springs, Florida: spoke about the problems with his recent garage sale, due to the fact that he was asked to take his garage sale signs down. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 8, 1999 Page 3 of 12 Don Hyland, 1012 Winding Waters Circle, Winter Springs, Florida: discussed drainage problems and standing water between some of the homes in the Winding Hollow subdivision. Gregory Coats, 1014 Winding Waters Circle, Winter Springs, Florida: as a neighbor of the previous speaker, (Mr. Hyland), Mr. Coats also addressed the same problem, in addition to discoloration of sidewalks; problems with the grading of lots in the subdivision; and asked who the responsible party is to make changes. Manager McLemore was asked to have Mr. Kip Lockcuff, (Public WorkslUtility Department Director) and Mr. Mark Jenkins, (City Engineer) review this situation, and to report their findings at the next City Commission meeting. Manager McLemore was also asked to have the developer present at the next Commission meeting to address any issues, if necessary; along with having Mr. Mike Mingea (the City's Arborist check on the numerous dead trees in Mr. Hyland and Mr. Coats' properties. Al Partington, 1456 Mount Laurel Drive, Winter Springs, Florida: spoke on his concern with the proposed plan to build additional housing and public roads near the Tuscawilla County Club. Tape I/Side B Mr. Partington mentioned that he had provided the Commission with written comments regarding his concerns. Mayor Partyka mentioned that the public will be informed as this issue progresses. Medford McCoy, 114 Brookshire Court, Winter Springs, Florida: asked about the status of the City, in regards to the Y2K issue. Mr. McCoy also asked who is on the mailing list to receive City newsletters. III. CONSENT A. City Manager Presents To The Commission, For Their Action, The Request Of BFI To Assign The Existing Residential And Commercial Solid Waste Contract From BFI To Florida Recycling Services, Inc. B. Police Department Requesting The Commission To Give Approval To Allow Residents On George Street To Park On The Easement Between George Street And State Route 419. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 8,1999 Page 4 of 12 C. Office Of The Mayor Resolution Number 902, A Resolution Of The City Of Winter Springs, Florida, Expressing Appreciation To Frank Adams For His Service On The Board Of Adjustment. D. Office Of The Mayor Resolution Number 903, A Resolution Of The City Of Winter Springs, Florida, Expressing Appreciation To Jacqueline Adams For Her Service On The Code Enforcement Board. E. City Clerk's Office Approval Of The Minutes Of The Regular Meeting Of October 25, 1999. ADD-ON F. City Manager Requests The Commission Authorize The City Manager To Approve The Employment Of Dover, Kohl Associates To Update The Town Center Plan. Mayor Partyka said, we're going to take "B" and vote separately, on that one, but at this point in time, I'd be looking for a Motion to approve". "MOTION TO APPROVE CONSENT AGENDA" - "LESS ITEM "B". MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE; COMMISSIONER MILLER: AYE; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER McLEOD: AYE. MOTION CARRIED. Mayor Partyka asked, "Is there a Motion to approve "B". "MOTION TO APPROVE ITEM 'B' ON THE CONSENT AGENDA". MOTION BY COMMISSIONER BLAKE. MOTION DIED FOR LACK OF A SECOND. "I'D LIKE TO MAKE A MOTION THAT WE INSTRUCT THE CITY MANAGER TO LOOK INTO A PERMENANT SOLUTION OVER THERE, REGARDING THE PARKING SITUATION, IF IT MEANS MOVING THE ROAD, MOVING THE SIDEWALKS, TO TAKE UP THAT EASEMENT, THEN I WOULD SUGGEST THAT WE MOVE FORWARD IN FINDING A PERMENANT SOLUTION, RATHER THAN A TEMPORARY PATCH". MOTION BY COMMISSIONER McLEOD. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 8, 1999 Page 5 of 12 COMMISSIONER McLEOD ADDED, "PRESENTLY, I WOULD BE A LITTLE RELUCTANT DUE TO LIABILITY, AND I WOULD ASK, CONTINUE TO TELL THE PEOPLE THAT THEY NEED TO PARK THEIR VEHCILES ON THEIR PROPERTY, AND I THINK BY DOING THAT WOULD EXPEDITIE THE CITY TO MOVE FORWARD IN FINDING THE RIGHT ANSWERS TO THIS". SECONDED. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE; COMMISSIONER MILLER: AYE; COMMISSIONER BLAKE: NAY; DEPUTY MAYOR GENNELL: AYE. MOTION CARJRIED. Mayor Partyka then read into the record - Resolution Number 902 (Attachment "A"), A Resolution Of The City Of Winter Springs, Florida, Expressing Appreciation To Frank Adams For His Service On The Board Of Adjustment; and Resolution Number 903 (Attachment "B"), A Resolution Of The City Of Winter Springs, Florida, Expressing Appreciation To Jacqueline Adams For Her Service On The Code Enforcement Board. IV. INFORMATIONAL A. City Manager Wishes To Inform The City Commission Of TlIIe Results Of The November 2, 1999 City Of Winter Springs Municipal Election. B. Utility Department Updating The City Commission On The Status Of The Utility Rate And Efficiency Study. C. City Manager Responding To Commission Questions Relative To The Receipt Of A Citizen Petition With Names Opposing The Implementation Of The Tuscawilla Lighting And Beautification Assessment District. MOTION TO APPROVE THE INFORMATIONAL AGENDA BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE; COMMISSIONER BLAKE: AYE; COMMISSIONER MILLER: AYE; DEPUTY MAYOR GENNELL: AYE. MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 8, 1999 Page 6 of 12 V. PUBLIC HEARINGS A. 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. "I'LL MAKE A MOTION TO POSTPONE THE SECOND OR THIRD READING OF ORDINANCE 707 UNTIL THE FIRST MEETING IN DECEMBER - DECEMBER 13TH". MOTION BY COMMISSIONER BLAKE. SECONDED. DISCUSSION. VOTE: DEPUTY MAYOR GENNELL: AYE; COMMISSIONER BLAKE: AYE; COMMISSIONER MILLER: AYE; COMMISSIONER McLEOD: AYE. MOTION CARRIED. Mayor Partyka opened the "Public Input" portion of the meeting. Micky Grindstaff, 20 North Orange Avenue, Suite 1001, Orlando, Florida: asked about the Add-on Item dealing with Dover, Kohl and Partners. Manager McLemore stated, "One additional item, Mayor, I think you should be on record that they are in agreement for the Standstill". Micky Grindstaff, 20 North Orange Avenue, Suite 1001. Orlando, Florida: said "We are in agreement with the postponement of this matter until December 13, 1999, as indicated by the City Manager, and we would agree to continue the Standstill Arrangement as we have done for the last several times, and thank you very much for your efforts and cooperation" . The "Public Input" portion of the meeting was closed. B. Community Development Department - Code Enforcement Division Requests The City Commission Hold A Public Hearing For The Second Reading Of Ordinance #750 That Amends The City Code That Deals With The Keeping Of Animals In Residential Areas. (This Agenda Item is postponed to the November 22, 1999 City Commission Regular Meeting). No action was taken or required. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 8, 1999 Page 7 of 12 C. Community Development Department - Code Enforcement Division Requests The City Commission Hold A Public Hearing For The Second Reading Of Ordinance #747 To Amend The City Code That Deals With Commercial Vehicle Parking In Residential Areas And Extend The Deadline To Obtain Limited Term Parking Permits From August 31,1999 To December 31,1999. (This Agenda Item is postponed to the November 22,1999 City Commission Regular Meeting). No action was taken or required. D. Community Development Department - Code Enforcement Division Requests The City Commission Hold A Public Hearing For The Second Reading Of Ordinance #748 Establishing A Moratorium Prohibiting The Installation Of New Billboards. (This Agenda Item is postponed to the November 22, 1999 City Commission Regular Meeting). No action was taken or required. E. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For The First Reading And Consideration Of Ordinance 749 To Designate The Elizabeth Morse Foundation Property (59.45 Acres) R-IA "One Family Dwelling District" On The City's Zoning Map. Discussion ensued on zoning classifications; liability concerns; and allowing the developer to move forward with this. The "Public Input" portion of the meeting was opened. Randy Kirkwood. Harling Lockwood and Associates: spoke about delays; conditional approvals; and asked that "Keep these things moving forward in the path that they are going, and allow these approvals to take place". The Commission further discussed land use designations; closing dates; zoning density and classifications; and the Comprehensive Plan. Jerry Wood, Post Office Box 196741, Winter Springs, Florida: as a resident of Springs Avenue, he discussed environmentally sensitive issues as they relate to this Agenda Item. Joe DeMinico, 985 Troon Trace, Winter Springs, Florida: asked for an opinion from the City Attorney, Anthony A. Garganese regarding proceeding forward with a certain zoning designation and if the City might be involved in any liability issues. Attorney Garganese addressed the Comprehensive Plan and proceeding with readings of the respective Ordinance. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 8,1999 Page 8 of 12 Mayor Partyka closed the "Public Input" portion of the meeting. "MAYOR, I'D LIKE TO MAKE A MOTION TO READ ORDINANCE 749 BY TITLE ONLY, CHANGING THE TITLE TO READ 'CITY DESIGNATION R- 1AA"'. MOTION BY COMMISSIONER BLAKE. SECONDED. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE; COMMISSIONER BLAKE: AYE; COMMISSIONER MILLER: AYE; DEPUTY MAYOR GENNELL: AYE. MOTION CARRIED. Attorney Garganese read the Ordinance by "title only". Mayor Partyka opened the "Public Input" portion of the meeting (due to the change of the Ordinance title). Randy Kirkwood, Harling Lockwood and Associates: mentioned his client's preference for a zoning designation of R-IA, and spoke of a market analysis that had been done. Brief discussion. Mayor Partyka then closed this "Public Input" portion of the meeting. "MAYOR, I'D LIKE TO MAKE A MOTION THAT WE PASS ON THE READING - THE SECOND READING OF ORDINANCE 749 FOR THE SECOND MEETING IN APRIL FOR - WHEN THE LARGE-SCALE COMPREHENSIVE PLAN AMENDMENT, FOR THIS PARTICULAR APPLICANT, COMES THROUGH FROM TALLAHASSEE". MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: DEPUTY MAYOR GENNELL: AYE; COMMISSIONER MILLER: AYE; COMMISSIONER McLEOD: AYE; COMMISSIONER BLAKE: AYE. MOTION CARRIED. ADD-ON F. City Manager Presents To The City Commission, For Their Action, The First Reading Of Proposed Ordinance Number 751 Which Addresses The Public Service Tax. Manager McLemore introduced this Agenda Item and discussed with the Commission possible alternatives; possible increases in revenues and any affect on taxes; revenue levels; public service tax; and potential gains. Discussion ensued on taxes; telecommunication services; "unified flat tax" proposals; managing revenue streams; property taxes; what adjustments could be made if the legislature does not act; and the concept of revenue sharing. Discussion. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 8, 1999 Page 9 of 12 "MAYOR, I'D LIKE TO MAKE A MOTION TO READ ORDINANCE 751 BY TITLE ONLY, INCORPORATING OPTION THREE (3)" (FROM THE AGENDA PACKET). MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE; COMMISSIONER MILLER: NAY - (AFTER BRIEF DISCUSSION, MAYOR PARTYKA THEN SAID, "LET THE RECORD SHOW THAT COMMISSIONER MILLER CHANGED TO AN AYE"); COMMISSIONER McLEOD: AYE; DEPUTY MAYOR GENNELL: AYE. MOTION CARRIED. Attorney Garganese read Ordinance 751 by "title only". Mayor Partyka opened the Public Input portion for this Agenda Item. Harold Scott, 911 Augusta National Boulevard, Winter Springs, Florida: asked if this telecommunications bill had passed, and commented on property taxes. Tape 2/Side A Joe DeMinico, 985 Troon Trace, Winter Springs, Florida: mentioned aggregation of taxation on his cellular telephone bill and suggested "paying less". The Mayor closed the Public Hearing. "MAYOR, I WOULD LIKE TO MAKE A MOTION TO MOVE ORDINANCE 751 ON TO SECOND READING AND I WOULD LIKE TO DO SO, UTILIZING OPTION THREE (3)". MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER MILLER: NAY; COMMISSIONER BLAKE: AYE. MOTION CARRIED. VI. REGULAR A. City Manager Requests Consideration Of The Attached Sample Resonution Designating Certain Policies And Procedures For The Orderly Conduct Of City Commission Meetings. (This Agenda Item Was To Be Discussed On This Agenda, However, The Changes Are Currently Unavailable). No action was taken or required. Deputy Mayor Gennell stated that this Agenda Item will be on the next Agenda. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 8, 1999 Page 10 of 12 VII. REPORTS A. City Commission 1) Appointment to the Code Enforcement Board - to replace Jacqueline Adams who has resigned. Board Member Jacqueline Adams' term of office was to expire in July of 2001. Deputy Mayor Gennell nominated Ms. Karen Payne Malcolm. Commissioner Blake nominated Mr. Mel Glickman. Mayor Partyka nominated Mr. William Haines. Commissioner McLeod also nominated Mr. Mel Glickman. With consensus of the Commission, Mr. Mel Glickman was approved. B. City Attorney - Anthony A. Garganese, Esquire Attorney Garganese responded to a request by the Commission for information on estimated costs related to the Lein and Lenzeni litigation. Attorney Garganese stated that a letter from the law firm of Nabors, Giblin, & Nickerson estimated the costs to be in the range of $30,000 to $40,000. Attorney Garganese asked about the referendum question which dealt with alcohol and nudity. Manager McLemore said that an Ordinance will be brought back to the Commission. Discussion ensued on the "adult entertainment" and the "public decency" Ordinances that the City of Casselberry and Seminole County have adopted, and whether the City of Winter Springs should also adopt the same Ordinances that Seminole County has adopted. Attorney Garganese asked if the Commission would mind him reviewing the City's Adult Entertainment Ordinance. The Commission agreed to this. Mayor Partyka asked about the status of Attorney Garganese's contract. Attorney Garganese said that a draft was available, and several Commissioners asked for a copy. His contract will be brought up at the next meeting. C. City Manager - Ronald W. McLemore No Report. D. City Clerk - Andrea Lorenzo-Luaces The City Clerk presented a copy of the "Certification Of The Findings Of The Canvassing Board For The City of Winter Springs" for the November 2, 1999 Municipal CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 8, 1999 Page 11 of 12 Election - to the City Commission, as referenced in the City Charter. Ms. Lorenzo- Luaces also mentioned that a copy was on file in the City Clerk's Office, and that another copy was posted on the bulletin board in the Lobby at City Hall. Ms. Lorenzo-Luaces then asked if the Commission had a preference for the time of the upcoming Swearing In Ceremony. The Commission decided to hold this event at Noon, (on Monday, December 6, 1999). The City Clerk also asked whether a Resolution should be presented to individuals who serve on an Advisory Board, even for a short period of time, and who may transfer to another Board. It was agreed that all Advisory Board Members would be recognized with a proclamation for their service. Commissioner McLeod added that he never received a Resolution for his service on the Planning and Zoning Board/Local Planning Agency. E. Commission Seat V - David W. McLeod Commissioner McLeod voiced his concern with the possibility "re-opening of the Mikes lawsuit" based on comments that Mayor Partyka had made during the recent "Candidate Nights". Commissioner McLeod added, "I'd just like to go on record that I do not think that that's the opinion of this City, nor is it the opinion of this Council - but that it is the personal opinion of Paul Partyka, running as a candidate, and not as Mayor of this City". F. Commission Seat I - Robert S. Miller Commissioner Miller asked that the City Manager look into the problem of why the microphone's are not working properly, and that this situation should be remedied prior to the next meeting. G. Commission Seat II - Michael S. Blake No report. H. Commission Seat III - Edward Martinez, Jr. Absent. I. Commission Seat IV - Cindy Gennell Deputy Mayor Gennell asked when City records will be placed on "optical disc". There was brief discussion on records management plans; whether to have such tasks done in- house or to out-source; and related costs. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 8,1999 Page ]2 of 12 Deputy Mayor Gennell also spoke about the priority of getting the Commission Chambers lights and audio system working J. Office of the Mayor - Paul P. Partyka Mayor Partyka also asked when the lights and the audio system in the Commission Chambers would work. Mayor Partyka next asked about the status of the "traffic calming" identification signs. Manager McLemore explained that the signs are being put together at this time. Mayor Partyka asked about the status of the "Charter Review Committee". Manager McLemore spoke of current projects and time constraints, and said that he would try to work on this prior to the Commission's next meeting. Mayor Partyka asked about the City developing an annexation presentation, for the next Commission meeting. Mayor Partyka said that he would bring this up again at the next Commission meeting. Mayor Partyka asked for a Motion to adjourn. "SO MOVED". MOTION BY COMMISSIONER BLAKE. WITH CONSENSUS OF THE C<;>MMISSION, THE MEETING WAS ADJOURNED. VIII. ADJOURNMENT Mayor Partyka adjourned the meeting at 9:34 P.M. Respectfully Submitted By: Andrea Lorenzo-Luaces City Clerk -.,,: ... .- ~ - - '0. PAUL'P.PARJYKA, - : ~ \-. NOTE: These minutes were approved at the November 22 ,1999 City Commission Meeting.