HomeMy WebLinkAbout_2004 02 23 City Commission Regular Minutes
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING
FEBRUARY 23; 2004
CALL TO ORDER
The Regular Meeting of Monday, February 23, 2004 of the City Commission was called
to order by Mayor John F. Bush at 6:34 p.m. in the Commission Chambers of the
Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida
32708).
ROLL CALL:
Mayor John F. Bush, present
Deputy Mayor Edward Martinez, Jr., present
Commissioner Robert S. Miller, absent
Commissioner Michael S. Blake, present
Commissioner Sally McGinnis, present
Commissioner David W. McLeod, present
City Manager Ronald W. McLemore, arrived at 6:40 p.m.
City Attorney Anthony A. Garganese, present
After a moment of silence, Mayor Bush led the Pledge of Allegiance.
Under "Agenda Changes", discussion ensued on a Memorandum provided by
Commissioner Robert S. Miller which addressed Regular Agenda Item "502". As to
whether Regular Agenda Item "502" should remain on tonight's Agenda, Commissioner
Sally McGinnis stated, "I would like to have it brought up tonight." Mayor Bush said,
"Commissioner [Michael S.] Blake has indicated, 'Leave it on'." Commissioner David
W. McLeod stated, "Correct." Mayor Bush summarized, "It will remain on the Agenda.
It will not be pulled."
Furthermore, City Attorney Anthony A. Garganese stated, "We need to add an Item. I
am recommending that we amend the Agenda to add Consent Agenda Item '206' - it is
the proposed Mediated Settlement in the amount of forty-three thousand dollars
($43,000.00) in the case 'Ritz et ai, v. City of Winter Springs, City of Oviedo et al' and
that Mediated Settlement Agreement was presented to you during the Executive Closed
Session, a few moments ago."
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"I MAKE A MOTION THAT WE ADD ITEM '206'." MOTION BY
COMMISSIONER McLEOD. SECONDED BY COMMISSIONER BLAKE.
DISCUSSION.
VOTE:
COMMISSIONER McGINNIS: AYE
DEPUTY MAYOR MARTINEZ: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER McLEOD: AYE
MOTION CARRIED.
City Manager Ronald W McLemore arrived at 6:40 p.m.
AWARDS AND PRESENTATIONS
AWARDS AND PRESENTATIONS
100. Office Of The Mayor
Presentation Of Resolution 2004-04 To Patricia Herbert In Memory And
Recognition Of John Herbert, And For His Service On The Board of Adjustment.
Mayor Bush presented Resolution 2004-04 to Ms. Patricia Herbert and family in honor of
John Herbert's service to the City of Winter Springs.
PUBLIC INPUT
Ms. Clarissa Powell, 203 West State Road 434, Winter Springs, Florida: representing
the Winter Springs Plaza Owner's Association, Ms. Powell showed some photographs
related to dumpster concerns and asked for a Variance.
Discussion ensued on the process that would be applicable in this case. Manager
McLemore stated, "This item at the very least should be agended for a future Meeting,
and not a topic for this type of discussion at this Meeting. I think I will review the matter
- on your behalf and see what the appropriate course of action is." Manager McLemore
added, "Your point is made in the record." Furthermore, Manager McLemore stated, "I
think the Commission has said that there would be no penalties against you until we work
this issue out." Ms. Powell said to Manager McLemore, "You are going to call me?"
Manager McLemore responded, "Yes. I will work with the Staff, review the facts and
then we will get together with you and see what the appropriate approach is."
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Mr. Gene Lein, 1173 East Winged Foot Circle, Winter Springs, Florida: spoke on a
neighbor's experience with a Building Department permit for the installation of a water
heater, and related inspections. Discussion.
Mr. Michael Gerken, 1114 Shadowbrook Trail, Winter Springs, Florida: addressed the
Arbor Ordinance and suggested that some changes should be made.
Mr. Bob Rucci, 973 Turkey Hollow Circle, Winter Springs, Florida: spoke on plans for
the Temporary Paw Park Grand Opening and invited those on the dais to attend the
suggested April 17, 2004 event. Mr. Rucci added that this issue should be on the next
City Commission Agenda.
Councilwoman Regina Bereswill, 1190 MacTavandash Drive, Oviedo, Florida:
representing the City Council of Oviedo, Councilwoman Bereswill spoke on getting both
cities together, and suggested that both parties "First meet cordially as a group, and list
topics that we believe should be prioritized and discussed. The first meeting can be over
a light dinner. We can schedule perhaps an hour and maybe have it at the Seminole
County Community College meeting rooms. What I am asking this evening is if you
would later on, under your Reports, list some convenient dates that you might be able to
meet, and times, and notify our City Manager - our Interim City Manager, Mr. Miller,
and then we can discuss it at our next Meeting which will be March 1 st."
With brief discussion, Mayor Bush stated, "I will bring it up under my Seat, if it does not
come up under anybody else's this evening."
Ms. Anthony Gordon, 120 Lori Anne Lane, Winter Springs, Florida: spoke briefly on the
dumpster issue.
Mr. Mervin Warner, 673 Keuka Court, Winter Springs, Florida: representing the
Tuscawilla Homeowner's Association, Mr. Warner thanked the City Coinmission;
Manager McLemore; Mr. Kip Lockcuff, P.E., Public Works Director; and Ms. Max
Epstein, Customer Service Manager, Community Development Department for their
assistance with Colt Drive. Mr. Warner then spoke of a Dedication Ceremony for Gary
Hillery Drive which is scheduled for 9:00 a.m. on Saturday, March 13, 2004.
Mr. William H. Mayo, 420 North Edgemon Avenue, Winter Springs, Florida: thanked the
Mayor and City Commission for the Proclamation for Anne Marie DeFazio, one of their
youngest VFW [Veterans of Foreign Wars] members. Additionally, Mr. Mayo who is the
VFW [Veterans of Foreign Wars, 420 Edgemon Avenue] Treasurer spoke of the
monetary concerns they have regarding their dumpster and asked for an exception to
review this issue further.
Mr. Connie Mack Crawley, 206 El Camino Real Circle, Winter Springs, Florida:
remarked about a new mobile home on lot 255 in Hacienda Village.
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Commissioner Blake stated, "Point of Order ". and spoke about Mr. Crawley addressing
this issue during the related Regular Agenda Item.
CONSENT AGENDA
CONSENT
200. Office Of The City Manager
Requesting The Commission To Formalize A Supplemental Appropriation In The
Amount Of $20,000.00 For Employment Of Street Sense Retail Advisors To Review
The City's Town Center Code Approved At The January 12, 2004 Commission
Meeting.
No discussion.
CONSENT
201. Office Of The City Clerk
Approval Of The February 9, 2004 City Commission Regular Meeting Minutes.
There was no discussion on this Agenda Item.
CONSENT
202. Utility Department
Requesting Authorization To Hire American Water Services To Perform Sanitary
Sewer Line Rehab By Piggybacking Off Broward County BCOES Project Number
8548.
Commissioner McLeod spoke of Sheoah Circle and some other areas in the Highlands in
terms of the City's Sewer System and asked, "When are we looking to do some
budgeting to start addressing those?" Mr. Lockcuff stated, "It will be proposed in the
upcoming Budget, for the fall."
CONSENT
203. Public Works Department
Requesting Authorization To Enter Into A Revised IDlterlocal Agreement With
Seminole County For The Maintenance Of State Road 434 Landscaping,
Hardscaping, And Streetlighting.
There was no discussion on this Agenda Item.
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CONSENT
204. Utility Department
Requesting Approval Of Resolution Number 2004-08 Authorizing The Mayor To
Execute Two Subordination Of City Utility Interest Agreements With FDOT
[Florida Department Of Transportation] Relative To The Widening Of State Road
426.
No discussion.
CONSENT
205. Office Of The City Manager
Requesting The Commission To Approve A Revised Legal Fee Schedule With The
City's Pension Attorney Jim Linn, Of Lewis, Longman And Walker.
Brief discussion.
ADD-ON
CONSENT
206. Office Of The City Attorney
Requesting The Commission To Approve A Proposed Mediated Settlement In The
Amount Of $43,000.00 In The Case "Ritz Et Ai, v. City Of Winter Springs, City Of
Oviedo Et Ai" And That Mediated Settlement Agreement.
Mayor Bush stated, "Can we have a Motion then on the Consent Agenda?"
"SO MOVED." MOTION BY DEPUTY MAYOR MARTINEZ. SECONDED BY
COMMISSIONER McGINNIS. MAYOR BUSH ST A TED, "MOTION BY
COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER McGINNIS
TO APPROVE THE CONSENT AGENDA." DISCUSSION.
"I WOULD LIKE TO AMEND THE MOTION TO READ APPROVAL OF
CONSENT AGENDA, LESS ITEM '205'." MOTION BY COMMISSIONER
BLAKE. SECONDED BY COMMISSIONER McLEOD. DISCUSSION.
VOTE: (ON THE AMENDMENT)
COMMISSIONER McLEOD: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER McGINNIS: NAY
DEPUTY MAYOR MARTINEZ: NAY
MAYOR BUSH: AYE
MOTION CARRIED.
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VOTE: (ON THE MOTION, AS AMENDED)
COMMISSIONER McGINNIS: NAY
DEPUTY MAYOR MARTINEZ: NAY
COMMISSIONER BLAKE: AYE
COMMISSIONER McLEOD: AYE
MAYOR BUSH: AYE
MOTION CARRIED.
INFORMATIONAL AGENDA
INFORMATIONAL
300. Community Development Department
Advising The City Commission Of The Status Of Various Current Planning
Projects.
"I WOULD LIKE TO MAKE A MOTION TO APPROVE INFORMATIONAL
AGENDA." MOTION BY DEPUTY MAYOR MARTINEZ. SECONDED BY
COMMISSIONER BLAKE. DISCUSSION.
VOTE:
COMMISSIONER McLEOD: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER McGINNIS: AYE
DEPUTY MAYOR MARTINEZ: AYE
MOTION CARRIED.
.:..:. AGENDA NOTE: THE FOLLOWING CONSENT AGENDA ITEM WAS
DISCUSSED NEXT, AS IT WAS PULLED OFF THE CONSENT AGENDA TO
BE DISCUSSED INDIVIDUALLY. .:..:.
CONSENT AGENDA
CONSENT
205. Office Of The City Manager
Requesting The Commission To Approve A Revised Legal Fee Schedule With The
City's Pension Attorney Jim Linn, Of Lewis, Longman And Walker.
Discussion.
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"I WILL MAKE A MOTION THAT WE APPROVE ITEM '205'." MOTION BY
COMMISSIONER McLEOD. SECONDED BY DEPUTY MAYOR MARTINEZ.
DISCUSSION.
VOTE:
DEPUTY MAYOR MARTINEZ: AYE
COMMISSIONER McLEOD: AYE
COMMISSIONER McGINNIS: AYE
COMMISSIONER BLAKE: NAY
MOTION CARRIED.
PUBLIC HEARINGS AGENDA
PUBLIC HEARINGS
400. Community Development Department - Planning Division
Requests The City Commission Hold A Public Hearing For Second
Reading/Adoption Of Ordinance 2003-32, A Small Scale FLUM [Future Land Use
Map] Amendment Which Changes The Future Land Use Map Designation Of Two
(2) Parcels Located On The North Side Of State Road 419 At Wade From
"Industrial" To "Commercial."
Attorney Garganese read the Ordinance by "Title" only.
Manager McLemore spoke on a Memorandum he wrote regarding this Agenda Item and
remarked that this was a map error.
Tape I/Side B
Furthermore, Manager McLemore suggested, "Forward this to DCA [Department of
Community Affairs] - to correct a map error, then it is very clear that the Zoning - and
Land Use is what it was in 1992 when your Comp Plan [Comprehensive Plan] was
adopted and then Mr. [Bart] Phillips should come forward with the appropriate
application for Rezoning at that point in time, which you would evaluate on its merits and
determine what the appropriate action is."
Mayor Bush opened the "Public Input" portion of this Agenda Item.
Mr. Bart Phillips, 7220 Lake FZoy Circle, Orlando, Florida: commented on the preferred
use for this property.
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Ms. Sharon Gillette, 4100 State Road 419, Winter Springs, Florida: as a neighbor to the
property being questioned, Ms. Gillette spoke about excessive noise.
Discussion.
Mr. Bart Phillips, 7220 Lake Floy Circle, Orlando, Florida: commented on the railroad
property and stated, "We only work 'til six o'clock, so we're not going through the night,
and we have been doing that for the five (5), six (6) years."
Mayor Bush closed the "Public Input" portion of this Agenda Item.
"MOTION TO APPROVE." RESTATED MOTION BY DEPUTY MAYOR
MARTINEZ. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION.
VOTE:
DEPUTY MAYOR MARTINEZ: AYE
COMMISSIONER McLEOD: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER McGINNIS: AYE
MOTION CARRIED.
PUBLIC HEARINGS
401. Community Development Department - Planning Division
Requests The Commission Hold A Public Hearing For First Reading Of Ordinance
2004-07, A Small Scale FLUM [Future Land Use Map] Amendment Which Changes
The Future Land Use Map Designation Of An 8.5 Acre Parcel, Located At Bird
Road And Tusca Trail, From "Low Density Residential" (Seminole County) To
"Rural Residential" (City Of Winter Springs.)
"MOTION TO READ BY 'TITLE' ONLY." MOTION BY DEPUTY MAYOR
MARTINEZ. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION.
COMMISSIONER McLEOD STATED, "DUE TO THIS ABUTTING MY
PROPERTY, AND AFFECTING ME PERSONALLY, I WILL ABSTAIN."
VOTE:
COMMISSIONER McGINNIS: AYE
COMMISSIONER BLAKE: AYE
DEPUTY MAYOR MARTINEZ: AYE
COMMISSIONER McLEOD: ABSTAIN
MOTION CARRIED.
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Attorney Garganese stated for the record, "I have advised Commissioner McLeod to
declare conflict of interest under Florida Law, given the fact that this property is adjacent
to his property and it is a Rezoning request."
Attorney Garganese read the Ordinance by "Title" only.
Mayor Bush opened the "Public Input" portion of this Agenda Item.
No one spoke.
Mayor Bush closed the "Public Input" portion of this Agenda Item.
"MOVE TO APPROVE." MOTION BY COMMISSIONER McGINNIS.
SECONDED BY DEPUTY MAYOR MARTINEZ. DISCUSSION.
VOTE:
COMMISSIONER McGINNIS: AYE
DEPUTY MAYOR MARTINEZ: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER McLEOD: ABSTAIN
MOTION CARRIED.
PUBLIC HEARINGS
402. Community Development Department - Planning Division
Requests The City Commission Hold A Public Hearing For First Reading Of
Ordinance 2004-08 To Change The Zoning Map From Seminole County "A-I" To
City Of Winter Springs "R-Cl" For The Renshaw Property Located At Northeast
Bird Road And Tusca Trail.
Mayor Bush stated, "Can we have a Motion to read by 'Title' only."
"SO MOVED." MOTION BY DEPUTY MAYOR MARTINEZ. SECONDED BY
COMMISSIONER McGINNIS. DISCUSSION.
VOTE:
COMMISSIONER McLEOD: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER McGINNIS: AYE
DEPUTY MAYOR MARTINEZ: AYE
MOTION CARRIED.
CITY OF WINTER SPRINGS.
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Attorney Garganese read Ordinance 2004-08 by "Title" only and added that as this
property is adjacent to property owned by Commissioner McLeod, "He would also
declare a voting conflict on this matter."
Mayor Bush opened the "Public Input" portion of this Agenda Item.
No one spoke.
Mayor Bush closed the "Public Input" portion of this Agenda Item.
"I WOULD LIKE TO MAKE A MOTION WE MOVE ORDINANCE 2004-05 TO
A SECOND READING - ADOPTION HEARING." MOTION BY
COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR MARTINEZ.
DISCUSSION.
VOTE:
DEPUTY MAYOR MARTINEZ: AYE
COMMISSIONER McGINNIS: AYE
COMMISSIONER BLAKE: AYE
Commissioner Blake stated, "Point of Order ", and spoke on this Agenda Item.
"I WOULD LIKE TO MAKE A MOTION TO CORRECT THE RECORD FOR
THE - ITEM WAS AN APPROVAL TO SECOND READING OF ORDINANCE
2004-08, NOT 2004-05." MOTION TO CORRECT THE RECORD BY
COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR MARTINEZ.
DISCUSSION.
VOTE: (THIS IS THE VOTE APPROViNG THE FIRST READING OF
ORDINANCE 2004-08)
COMMISSIONER McGINNIS: AYE
DEPUTY MAYOR MARTINEZ: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER McLEOD: ABSTAIN
MOTION CARRIED.
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PUBLIC HEARINGS
403. Community Development Department - Planning Division
Requests The Commission Hold A Public Hearing For First Reading Of Ordinance
2004-05, A Small Scale FLUM [Future Land Use Map] Amendment Which Changes
The Future Land Use Map Designation Of 8.9 Acres (More Or Less), Located At
900 East State Road 434 Adjacent To Central Winds Park, From "Suburban
Estates" (Seminole County) To "Town Center" (City Of Winter Springs).
Mayor Bush stated, "Can we have a Motion to read by 'Title' only."
"SO MOVED." MOTION BY DEPUTY MAYOR MA.RTINEZ. SECONDED BY
COMMISSIONER BLAKE. DISCUSSION.
VOTE:
COMMISSIONER BLAKE: AYE
COMMISSIONER McLEOD: AYE
COMMISSIONER McGINNIS: AYE
DEPUTY MAYOR MARTINEZ: AYE
MOTION CARRIED.
Attorney Garganese read the Ordinance by "Title" only.
Mayor Bush opened "Public Input. "
No one spoke.
Mayor Bush closed "Public Input. "
"MOTION TO MOVE ITEM '403' TO SECOND READING." MOTION BY
DEPUTY MAYOR MARTINEZ. SECONDED BY COMMISSIONER McGINNIS.
DISCUSSION.
VOTE:
COMMISSIONER McGINNIS: AYE
DEPUTY MAYOR MARTINEZ: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER McLEOD: AYE
MOTION CARRIED.
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PUBLIC HEARINGS
404. Community Development Department - Planning Division
Requests The City Commission Hold A Public Hearing For First Reading Of
Ordinance 2004-06 To Change The Zoning Map From "A-I" (Seminole County) To
"Town Center" (City Of Winter Springs) For 8.9 Acres (More Or Less), Located At
900 East State Road 434.
Mayor Bush stated, "Can we have a Motion to read by 'Title' only."
"SO MOVED." MOTION BY DEPUTY MAYOR MARTINEZ. SECONDED BY
COMMISSIONER BLAKE. DISCUSSION.
VOTE:
COMMISSIONER McLEOD: AYE
DEPUTY MAYOR MARTINEZ: AYE
COMMISSIONER McGINNIS: AYE
COMMISSIONER BLAKE: AYE
MOTION CARRIED.
Attorney Garganese read the Ordinance by "Title" only.
Mayor Bush opened the "Public Input" portion of this Agenda Item.
No one spoke.
Mayor Bush closed the "Public Input" portion of this Agenda Item.
"I MAKE A MOTION THAT WE APPROVE ITEM '404' [ORDINANCE 2004-06]
. - AND MOVE IT TO SECOND READING." MOTION BY COMMISSIONER
McLEOD. SECONDED BY DEPUTY MAYOR MARTINEZ. DISCUSSION.
VOTE:
DEPUTY MAYOR MARTINEZ: AYE
COMMISSIONER McGINNIS: AYE
COMMISSIONER McLEOD: AYE
COMMISSIONER BLAKE: AYE
MOTION CARRIED.
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PUBLIC HEARINGS
405. Community Development Department
Presents To The City Commission A Request For A Conditional Use To Allow
Multiple Family Dwellings In The C-1 (Neighborhood Commercial) Zoning District,
Pursuant To Section 20-234. Of The Zoning Chapter Of The City Code Of
Ordinances.
Mr. John Baker, AICP, Senior Planner, Community Development Department spoke on a
suggestion to postpone this Agenda Item.
With brief discussion, Mayor Bush stated, "Mr. Baker is asking this be put back on the
Agenda - March 22nd [2004]."
MOTION TO POSTPONE ITEM "405" UNTIL MARCH 22ND, 2004. MOTION
BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR
MARTINEZ. MAYOR BUSH STATED, "THE MOTION WAS MADE BY
COMMISSIONER BLAKE TO POSTPONE THIS ITEM UNTIL MARCH 22ND
[2004]." DISCUSSION.
VOTE:
COMMISSIONER McLEOD: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER McGINNIS: AYE
DEPUTY MAYOR MARTINEZ: AYE
MOTION CARRIED.
PUBLIC HEARINGS
406. Office Of The City Attorney
Requests That The City Commission Adopt On Second And Final Reading
Ordinance 2004-03 Which Shall Regulate And Prohibit Slot Machines And Devices
Including Casino-Type Slot Machines.
Attorney Garganese read Ordinance 2004-03 by "Title" only.
Mayor Bush opened the "Public Input" portion of this Agenda Item.
No one spoke.
Mayor Bush closed the "Public Input" portion of this Agenda Item.
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"I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE ITEM '406' -
WHICH IS ORDINANCE 2004-03." MOTION BY COMMISSIONER McLEOD.
SECONDED BY DEPUTY MAYOR MARTINEZ. DISCUSSION.
VOTE:
COMMISSIONER McGINNIS,: AYE
COMMISSIONER McLEOD: AYE
DEPUTY MAYOR MARTINEZ: AYE
COMMISSIONER BLAKE: AYE
MOTION CARRIED.
REGULAR AGENDA
REGULAR
500. Not Used.
REGULAR
501. Community Development Department
Presents A Request By Hacienda Village For A Variance From Section 20-318. Of
The City Code Of Ordinances, Which Sets Forth Buildling Setbacks For The R- T
Mobile Horne Park Zoning District.
Mr. Baker presented his opening remarks.
Mr. Connie Mack Crawley, 206 El Camino Real Circle, Winter Springs, Florida: briefly
spoke in favor of this request.
Mr. Jeff Robb, 125 North Summerlin Avenue, Sanford, Florida: speaking for Lifestyle
Homes, Mr. Robb addressed recent problems associated with the lot in question and
requested approval of the Variance.
Ms. Deborah Gorman, 1498 Waukon Circle, Casselberry, Florida: on behalf of Lifestyle
Choice Realty, Ms. Gorman spoke of possible financial hardships.
With discussion, Commissioner Blake asked Mr. Baker what would happen if a resident
of Hacienda Village thought a neighbor's home was too close - "What is our course of
action on that?" Mr. Baker said, "I would have to look into that."
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Mr. Connie Mack Crawley, 206 El Camino Real Circle, Winter Springs, Florida: spoke
of requiring Proprietary Leases.
"MOTION TO APPROVE." MOTION BY DEPUTY MAYOR MARTINEZ.
MOTION DIED FOR LACK OF A SECOND.
"I WOULD MAKE A MOTION THAT WE DENY THE REQUEST FOR A
V ARIANCE." MOTION BY COMMISSIONER BLAKE. SECONDED BY
COMMISSIONER McGINNIS~ DISCUSSION.
REVISED VOTE:
COMMISSIONER McLEOD: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER McGINNIS: AYE
DEPUTY MAYOR MARTINEZ: NAY
MOTION CARRIED.
REGULAR
502. Community Development Department
Recommends The City Commission Hear A Request By Attorney Bruce Duncan,
Agent For AVA-Anthony And/Or Kamil Gowni And/Or Phelepateer LLC, For One
Six (6) Month Extension To A Variance From Section 20-418. Of The City Code Of
Ordinances (Ordinance Number 2001-13), To Allow A Gasoline Station To Be
Constructed On A Site Within 350 Feet Of Another Existing Gasoline Station Site
Or Within 350 Feet Of Residential Property.
Mr. Baker addressed this Agenda Item.
Mayor Bush read a Memorandum from Commissioner Miller into the record.
Tape 2/Side A
Discussion.
Ms. Kim Hall Fischer, P.E., Principal, Cycorp Engineering, Inc., 2820 Marquesas Court,
Win dem ere, Florida: spoke for record on this project.
Much discussion.
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Mr. Bruce Duncan, Esquire, Potter Clement Lowry & Duncan, 308 East Fifth Avenue,
Mount Dora, Florida: speaking on behalf of A V A-Anthony, Mr. Duncan addressed the
City Commission on this matter.
Discussion.
"I WOULD LIKE TO MAKE A MOTION BASED ON THE FACT THAT AN
APPLICATION WAS NOT RECEIVED FOR AN EXTENSION AT LEAST -
THIRTY (30) DAYS PRIOR TO THE EXPIRATION OF THE SIX (6) MONTH
PERIOD - THAT WE DENY THE REQUEST FOR AN EXTENSION." MOTION
BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR
MARTINEZ. DISCUSSION.
ATTORNEY GARGANESE SAID, "I JUST WANT TO STATE FOR THE
RECORD AND PROBABLY SHOULD BE INCORPORATED AS A FINDING, IF
YOU ARE GOING TO VOTE IN THE AFFIRMATIVE OF MR. BLAKE'S
MOTION - THE FACT IS THAT THE - VARIANCE PERMIT THAT WAS
GRANTED BY THE COMMISSION HAS ALREADY EXPIRED - THE SIX (6)
MONTHS HAVE EXPIRED."
'I WOULD LIKE TO HAVE - THE WORDING, THE TEXT OF MY MOTION
AMENDED TO REFLECT THE ATTORNEY'S RECOMMENDATION."
AMENDMENT TO THE MOTION BY COMMISSIONER BLAKE. SECONDED
BY DEPUTY MAYOR MARTINEZ. DISCUSSION.
VOTE: (ON THE AMENDMENT)
COMMISSIONER McLEOD: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER McGINNIS: AYE
DEPUTY MAYOR MARTINEZ: AYE
MOTION CARRIED.
VOTE: (ON THE MOTION, AS AMENDED)
COMMISSIONER McGINNIS: AYE
DEPUTY MAYOR MARTINEZ: AYE
COMMISSIONER McLEOD: AYE
COMMISSIONER BLAKE: AYE
MOTION CARRIED:
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REGULAR
503. Office Of The City Manager
Requesting Approval Of Resolution 2004-10 Authorizing The Mayor And City
Manager To Execute A Non-Revolving Line Of Credit Loan Agreement To Finance
Municipal Projects, Not To Exceed $2,500,000.00.
Discussion.
Mr. David Moore, Managing Director, The PFM Group (Public Financial Management,
Inc.), 300 South Orange Avenue, Suite 1170, Orlando, Florida: addressed the City
Commission and stated, "This initial Resolution that Mike [Williams] will talk about in
just a minute, authorizes the first set of projects and the first draw on the line of credit,
and you have up to three (3) years to use the line of credit, to fund - generally smaller
projects - fire trucks, renovations, etc."
Mayor Bush then inquired, "Can the [City] Manager access this money without
Commission approval"? Mr. Moore stated, "The way this is set up is - there is an initial
project approved for the certain items that are included. Any additional items would have
to come back for your approval."
Mr. Mike Williams, Akerman Senterfitt, P.A., 255 South Orange Avenue, Orlando,
Florida: also spoke on this Agenda Item and explained that, "The Mayor would be
authorized to submit a draw request up to that $1,900,000.00 [one million, nine hundred
thousand dollars]. The additional six hundred thousand dollars [$600,000.000 - that you
have authorization to borrow for, would have to come back to the Commission."
With further discussion, Mr. Williams said for the record, "There may have been some
information that there is no prepayment penalty here. That is true, as long as you are in a
Variable Rate mode. As I mentioned earlier, you have the option to fix this on any June 1
or December I, and that rate is set at the swap rate."
"I WILL MAKE A MOTION TO APPROVE." MOTION BY DEPUTY MAYOR
MARTINEZ. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION.
VOTE:
COMMISSIONER McGINNIS: AYE
DEPUTY MAYOR MARTINEZ: AYE
COMMISSIONER BLAKE: NAY
COMMISSIONER McLEOD: NAY
MAYOR BUSH: AYE
MOTION CARRIED.
CITY OF WINTER SPRfNGS
MINUTES
CITY COMMISSION
REGULAR MEETING - FEBRUARY 23, 2004
PAGE 18 OF 23
REGULAR
504. Office Of The City Manager
Requesting The Commission To Authorize The City Manager To Execute A
Contract With Glatting, Jackson, Kercher, Anglin, Lopez, And Rinehart To Make
Recommendations For Enhancement Of The Pedestrian Friendly Environment Of
The Town Center, And To Improve Traffic Circulation Within The Town Center.
Brief discussion.
"I MOVE WE APPROVE ITEM '504'." MOTION BY COMMISSIONER
McGINNIS. SECONDED BY DEPUTY MAYOR MARTINEZ. DISCUSSION.
VOTE:
COMMISSIONER McGINNIS: AYE
COMMISSIONER BLAKE: AYE
DEPUTY MAYOR MARTINEZ: AYE
COMMISSIONER McLEOD: AYE
MOTION CARRIED.
REGULAR
505. Not Used.
REGULAR
506. Community Development Department - Planning Division
Requests The City Commission Consider Approving A Proposed Annexation
Agreement Between The City And Srinivas Chari And Ramani Kilambi Of 1136
Orange Avenue That Will Extend Municipal Sewer And Water Services To
Property Located Outside The City Limits. Annexation Can Occur At Such Time
As The City Deems Appropriate.
Discussion.
Ms. Eloise Sahlstrom, AICP, ASLA, Senior Planner, Community Development
Department briefly addressed the City Commission.
Commissioner Blake stated, "I think it is important for us to make sure that we have this
Annexation completed, no later than October 1st..." Ms. Sahlstrom stated, ".. .Not a
problem." Commissioner Blake added, "And I would make that a condition of the
Agreement - that includes the thirty (30) challenge window as well."
CITY OF WfNTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - FEBRUARY 23, 2004
PAGE 19 OF 23
"MOTION TO APPROVE WITH THE CORRECTIONS STATED FOR THE
RECORD BY COMMISSIONER BLAKE." MOTION BY DEPUTY MAYOR
MARTINEZ. SECONDED BY COMMISSiONER BLAKE. MAYOR BUSH
SUMMARIZED, "MOTION BY COMMISSIONER MARTINEZ TO APPROVE
THE ANNEXATION AGREEMENT WITH..." COMMISSIONER BLAKE
ADDED, ".. .IT WAS MORE A DIRECTIVE TO STAFF THAN IT IS TO THE
AGREEMENT; BUT IT IS THAT THE ANNEXATION MUST" BE COMPLETED
BY OCTOBER 1 S\ 2004." DISCUSSION.
VOTE:
COMMISSIONER McLEOD: AYE
DEPUTY MAYOR MARTINEZ: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER McGINNIS: AYE
MOTION CARRIED.
REGULAR
507. Community Development Department - Planning, Customer Service, And
Building Inspection Divisions And Public Works Department
Requests The City Commission Consider Granting Multi-Family Residential Units
A Ninety (90) Day Extension To The March 1, 2004 Compliance Date For Dumpster
Enclosures.
"MOTION TO APPROVE." MOTION BY COMMISSIONER BLAKE.
SECONDED BY COMMISSIONER McLEOD. DISCUSSION.
VOTE:
COMMISSIONER McGINNIS: AYE
DEPUTY MAYOR MARTINEZ: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER McLEOD: AYE
MOTION CARRIED.
REPORTS
REPORTS
600. Office Of The City Attorney - Anthony A. Garganese, Esquire
Attorney Garganese stated, "The Court in the 'Rawlins v. City of Winter Springs' ruled in
our favor."
CITY OF WINTER SPRfNGS
MINUTES
CITY COMMISSION
REGULAR MEETfNG - FEBRUARY 23, 2004
PAGE 20 OF 23
Attorney Garganese added, "We've got the ball rolling on the Noise Ordinance. We met
with Professor [Dr. Roger L.] Wayson [P.E., Associate Professor, Civil and
Environmental Engineering] over at the University of Central Florida who is the director
of the Noise Department, and we have retained him as an expert to help the City establish
standards for the decibel based Noise Ordinance. The Professor will be getting to work
very shortly, and we probably will have something back to the Commission within sixty
(60) to ninety (90) days."
REPORTS
601. Office Of The City Manager - Ronald W. McLemore
Manager McLemore commended the City's Police Department in an abduction/robhery
case last week, and added that they "Were very instrumental in that apprehension - Good
Work. "
REPORTS
602. Office Of The City Clerk - Andrea Lorenzo-Luaces
No Report.
REPORTS
603. Commission Seat Two - Michael S. Blake
No Report.
REPORTS
604. Commission Seat Three/Deputy Mayor - Edward Martinez, Jr.
Deputy Mayor Edward Martinez, Jr. commented on information related to the Wyman
Fields organization and added, "I asked for the amount of taxpayer's dollars that the City
has on hold with Wyman Fields."
Secondly, Deputy Mayor Martinez remarked about a recent Patriot Act vote and spoke of
comments made by a resident of the Black Hammock.
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - FEBRUARY 23,2004
PAGE 21 OF 23
REPORTS
605. Commission Seat Four - Sally McGinnis
Commissioner McGinnis spoke of attending a recent Conference and noted that "One of
the big issues with all of the cities that were represented there - they are actively seeking
affordable housing." Commissioner McGinnis noted the difference to public housing and
suggested that members of the Commission read up on this subject.
REPORTS
606. Commission Seat Five - David W. McLeod
No Report.
REPORTS
607. Office Of The Mayor - John F. Bush
Mayor Bush remarked about the citizen who spoke earlier on the Arbor Ordinance under
"Public Input" and stated, "I think the Fine structure is excessive." Furthermore, Mayor
Bush added, "I think the Commission needs to bring this back - look at the Fine
structure." Commissioner McGinnis said, "I support that." Commissioner McLeod said,
"I think I have already asked the [City] Manager to do just that - to bring back the
surrounding cities - what their Fine structure is and to bring back additional information
about the Tree Ordinance." Manager McLemore said, "I think you gave us sixty (60)
days." Commissioner Blake added, "I just hope anything we are doing with trees, that we
reinvolve the folks that volunteered and served much of their time on a Committee."
Mayor Bush added, "I would like to see it brought back and discussed again."
Deputy Mayor Martinez agreed and added, "The amount of fines being levied against the
residents is abusive."
REPORTS
608. Commission Seat One - Robert S. Miller
No Report as Commissioner Miller was absent.
CITY OF WfNTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - FEBRUARY 23, 2004
PAGE 22 OF 23
.:..:. AGENDA NOTE: THE FOLLOWING REPORTS WERE HEARD
NEXT, IN THE ORDER AS DOCUMENTED. .:..:.
REPORTS
REPORTS
603. Commission Seat Two - Michael S. Blake
Commissioner Blake commended Attorney Garganese and stated, "We have I think,
probably one of the finer, if not - finest City Attorney's here and we have had him now
for four and half (4 Y2) years or so. He has done an excellent job for us."
With further comments, Commissioner Blake suggested an increase for Attorney
Garganese's services and added, "I would recommend that we start considering right now
at what rate we should be purchasing legal services for - come October. That is our next
Budget Year."
Furthermore, Commissioner Blake pointed out, "I approached Anthony [Garganese]
about this, he did not approach me.
Tape 2/Side B
Commissioner Blake further stated, "The level of service that we receive now, is well
beyond what we used to receive."
REPORTS
606. Commission Seat Five - David W. McLeod
Commissioner McLeod commented on rising prices in the Construction Industry.
Mayor Bush recognized Commissioner McLeod's upcoming Birthday and said that at the
conclusion of the Meeting, we would have a cake in honor of Commissioner McLeod's
Birthday.
REPORTS
604. Commission Seat Three/Deputy Mayor - Edward Martinez, Jr.
Deputy Mayor Martinez noted that "Winter Springs High School is going to apply for a
permit for some banners for a 5K race to raise funds to finish up the building that they
started for - the sports complex. We supported the original request and we said we were
going to give some more - what they said is that the fourteen (14) days allowed by Code
is not sufficient time for them to come here and apply and get out there and do what they
have to do.
CITY OF WINTER SPRINGS
MfNUTES
CITY COMMISSION
REGULAR MEETING - FEBRUARY 23, 2004
PAGE 23 OF 23
I would like to know if beforehand, you are made aware of this here and maybe you can
'. either waive or extend the banner permit for an additional week." Manager McLemore
asked, "Who is the contact person for the school?" Mayor Bush stated, "Doreen Gruber
[Principal]."
ADJOURNMENT
Mayor Bush stated, "I would like the record to reflect that we are going to adjourn here,
just a little after Nine [O'clock] and I would like the Clerk to contact Commissioner
Miller and let him know that we ended early."
Mayor Bush adjourned the Meeting at 9:01 p.m.
RESPECTFULLY SUBMITTED:
ORENZO-LUACES, CMC
CLERK
APPROVED:
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NOTE: These Minutes were approved at the March 8, 2004 Regular City Commission Meeting.
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....... ........._. .
. -- MEMC)RANDUM OF VOTING CONFLICT FOR
'~FORM 8B CO UNTY, MUI\JICIPAl..._AND OrHE_BJ~~OJ~AL=eUalJ~C,~Q~~I:G&R'S"
.:~'NAM~f'STN~~IOOlE NilMS-- - NAME OF BOARD. OOUNCIl. COMMISSION, AlJ'TtIORl1'1", OR OOMMrTl'EE
McLeod, Da'1id CITY OF WINTER SPRINGS CITY COMMISSION
IAlUNa -2AES$ YME BOARD, OOUNCIl... COMMI$SION, Atm10AI'N O.A COI.4MlT'11:e ON
'is- ~-r~:~ CJ-4.. . WHICH I SEAYe IS A UNIT OF:
t CIlY Q COUl'lTY o OTHER LOCAl AiJ IiNCY
:/TY . COUNTY NAoME OF POlmCAl. SUBOMS1ON:
W;.vTc:\L.5"'~~ '~ ~~;-.lO (~ .
'ATEON WHICH VOrt; UAR j t.N POSrTlON IS:
FE:B.RUARY 23>> 2004 i elECTIVE o APPOltmlJE
WHO MUST FILE FORM 88
This form is ror use by any pers(lln serving at the county. city, or other local level of government on an appointed or elected board. council,
=ommission, authority, or committee. It applies equally to members or advIsory and non.adllisory bodil~S wl'lo are presented with a voting
::mflicl of interest Under Sacl/on 112.3143, Florida Sta.tutes. .
. our responsibilitIes unde~ the faiN when raced \'Iith voting on a measure in whlot) you have a oonftict or interest wif/'vary greatly depending
:lll whether you holc1 an elective or appointive p<>smol'l.. For this reason, please pay dose altentlon ro the iostrtJctions on thIs form before
:'ompleting the reverse side and firing the fonn..
. '
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
~person holding elective or appointive county, municipal. or other local public office MUST ABSTAIN rrom voting on a measure which
nores to his or lIer special private gain or 1000s. EaCh elected Or appoInted local officer also is prohIbited from knowingly vollng on a mea-
3ure which inure.9 to the special gain or loss or a prlnr;ipal (other lhat'l a govemment agency) by whom he or she is retained (inClUding the
:>arool organization or Subsidiary or a ~rporate principal by whl~ he or she is retained); [0 the special private gain or loss 01 a relative; or .
.0 the specJaJ private gain or loss or a business assoelate. Commissioners of community redevelopment agencies under See. 163.356 or
163.357, F.S., and otfic:e/"$ of inC2e,pendent special tax districls elected on a one.acre. one-vote basi!; Bra not prohibited from volins in that
:apacity. .
:or purp~se.s of this iaw, a .relative- includes only the oflicer',s father, mother, son, daughter, husband, wife, brother, sister, (alher-io~law,
"other-in-taw, son-in-law, and dall'ghtar-in-'aw. A -busines.s ll$sociare" means any person or entity engaged in or carryl"9 on a business
~nt(srprlse with the officer as: a partner, joint venturer, eoowner of property, or corporate shareholder (where the shares of the corporation
:Ire not fisted on any national or reslional stock exchange).
ELECTED OFFICERS:
n addlUon to abSlaining rrom voting in the situations described above, you must disdose the 1;0""'0&:
PRIOR TO THE VOTe BEING TAKEN by publicly staling to the assembly lh~ nature of your interest in the measure o~ which you
are abstainIng 'rom vOlingi snrJ
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and nllng this (orm with Ihe per$on responsible lor recordIng tJ"I$ min.
utes of the meeting, who should incorporate the (orm in lhe minute!J.
lPPO/NTED OFF'CERS=
Ithough you mOst abstaln trom vollng in (he s;lualions described above. you othe/Wfse may participale In these matter~. How~ver. you
usr disclose the nature or the conflict before making any allempt to inrrueooG rhe decision, whell1er oraJIy or in writing atld whether made
' you or at your direction. .
you INTEND TO MAKE ANY ArreMPT TO INFLUENCE TIiE 0 ECISION PAIOR TO THE MEETING AT WHICH THE VOTE WILL BE
\KEN:
You must oomplete and tile thIs forn'! (baroee maJcing any attempt ro inIJuence the decisIon) wllh the person responsible for reeordinglhe
minutes of the meeting, who will flllCOrpOrale the lorm In the minutes. (ConUI'lUed on other side)
.,......."'" """" --- ....
\
,
,APP~JNTED OFFICERS (continued)'
. A copy of Ihe form must be provided immedIately to Ule oth&f membel1 of Ihe agency.
· The form must be read publicly at the next meeting after the fOITTl is !lied.
I F YOU MAKE NO AiTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
. You must disclose orally the nalure of your con/llct in the measure berore partlclpalfng.
. You must complele tho form and me it within 15 days after the vote Oc:Ct./rs with lhe person responsible for racordinglhll minutes ollhe
.' meeting. who must Incorporale Itle form In tile mlnules.. A copy of the form must be prollicSed immediately to Ihe other membars o/the
agency, and the form must be re-sd pubUoly at the next meellng after the form is med.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I. ~...........i~ w. ~ ~ir6. ~ . tlereby disclose that on 2. - 'l.. '3 -
(3)rure came or will come before my agency whiCh (cf1ecl< one)
_ inure<1lo my special privata gal/'l or loss;
Inured to lhe specii1l gaio or loss 0' my business associate.
inured to the ~pBcial gain or loss or my relallve.
Inured 10 (he special gain (If loss of
whom I am retained: or
20 t) If .
'-'
. by
inured to lhe speolal gain or loss of
is the parenl organization Of subsidiary or a principal which has retained me. :
(b) The measure bef\'ra my agenoy and /he nature of my conflicting interest In the meaSUre is as follows:
.which .
FEBRUARY 23, 2004
Pl./BLlC BEAlUNGS .
401. Community Development Department- Planning Divi8io~\
Requests The Commission Hold A Public Hearing For First Reading Of Ordinance
2004-07, A Small Scale PLUM [Future Land Use Map} Amendment Which Changes
The Future Land Use Map Designation Of An 8.5 Acre Parcel, Located At Bird
Road And Tusca Trail, From "Low Density Residential" (Seminole County) To
"Rural ResidentiaP' (City or Winter Springs.) ..
PUBl...C HJ:A.RINGS
402. Commun.ity Development Department - Planning Division.
Requests The City CommissJon Hold A Public Hearing For First Reading Of
Ordinance 2004-08 To Change The Zoning Map From Seminole County etA.l" To
City Of Winter Springs "R-Cl" For The Renshaw Property Located At Northeast
Bird Road And Tusca Trail.
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Date Filed 3 - z.. ., 6) Slgnalur
NOTICE: UNDER PROV/SIONS OF FLORIDA STATUTES 9112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTItUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THe FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFIce OR EMF'LOYMENT. DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED $10,000.
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