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HomeMy WebLinkAbout_2001 05 29 City Commission Special Minutes CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING MAY 29, 2001 I. CALL TO ORDER The Special Meeting of May 29, 2001 of the City Commission was called to order by Mayor Paul P. Partyka at 6:33 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 David W. McLeod, present Commissioner Robert S. Miller, absent Commissioner Michael S. Blake, present Commissioner Edward Martinez, Jr., present Commissioner Cindy Gennell, absent City Manager Ronald W. McLemore, present City Attorney Anthony A. Garganese, present A moment of silence was followed by the Pledge of Allegiance. Mayor Partyka asked about Agenda Changes and mentioned that a consultant would like to present the Commission with a Legislative Update. This was agreed to by the Commission. II. PUBLIC INPUT Ms. Marian K. Kelly, 4992 Courtland Loop. Winter Springs, Florida: spoke in favor of the proposed Respite Center, and mentioned that they have about 1200 signatures supporting this proj ect. Ms. Terry Scarlata, 1006 Nancy Circle, Winter Springs, Florida: wanted to address the Commission on the Regular Agenda issue that involves her, but was not sure she could stay to discuss the Item. Mr. Mervin Warner, 673 Keuka Court, Winter Springs, Florida: asked about the status of an Ordinance that was to have new language dealing with a Code Enforcement matter, specifically "making it easier for it to be enforced." City Attorney, Anthony A. Garganese explained that "The standards by which a Code Enforcement Officer and a Police Officer can issue citations" and that he had sent a letter clarifying this issue to Staff. Attorney Garganese suggested that Mr. Warner might want to get a copy of his Opinion letter. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - MA Y 29, 2001 PAGE 2 OF 20 Mr. Warner also asked about "Pet Rescue" issue. Attorney Garganese explained that he is currently working on the 'Pet Rescue' matter, and that will be coming back at a future meeting." Commissioner Michael S. Blake also said that "It was that discussion during the 'Pet Rescue' discussion that we discussed the Ordinance, whether or not we could enforce the Ordinance, that in fact is when they placed the County's Ordinance that we've adopted as our own in the book here, but we did have a discussion about - trying to find out what we can do to put some teeth into the Ordinance in terms of enforcement, and I thought we were working on that also. And if we're not, then we need to." Commissioner Edward Martinez, Jr. also agreed with this. Attorney Garganese advised members of the Commission that he should be bringing this matter back during the month of June. Mr. Warner also spoke of problems with a neighbor. Commissioner Martinez added, "Mayor, I think he is referring to the lady on Gator Lane with the multiple signs, obnoxious signs, and I think what has to be done; you have to look at the Sign Ordinance and find out if this lady is in compliance by placing twenty (20) different signs across her lawn facing the neighbor, or not, so we can take whatever steps are necessary." Ms. Jimette Cook, Code Enforcement Division Manager, addressed the Commission and said that they have met with both parties and the Police Department regarding "enforcing animal nuisances." Ms. Cook added that the signs have been removed. III. CONSENT CONSENT A. Police Department Requesting The Commission To Give Approval For The Seminole Board Of County Commissioners To Continue In The Edward Byrne Drug Control And System Improvement Formula Grant Program. Brief discussion. CONSENT B. Public Works Requesting Authorization To Enter Into A Contractual Agreement For Street Resurfacing. Brief discussion ensued with Mr. Alan Hill, Public Works Superintendent, who also added that on a "unit cost basis," other streets may be considered, such as Forest Circle and Northern Way (near the bridge at Bear Creek). CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - MA Y 29, 2001 PAGE 3 OF 20 CONSENT C. City Attorney Requesting The City Commission Consider Approving Resolution 2001-14 In Accordance With Section 286.0115, Florida Statutes, Which Would Establish A Procedure To Remove The Presumption Of Prejudice Arising From Ex-Parte Communications With Local City Officials. "I'LL MAKE A MOTION TO APPROVE THE CONSENT AGENDA." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE FOLLOWING "ADD-ON" INFORMATIONAL AGENDA ITEM WAS AGREED TO BE HEARD BY THE COMMISSION. .:. .:. IV. INFORMATIONAL ADD-ON INFORMATIONAL Legislative Update with Mr. Jerry Samson, Legislative Aide to the City of Winter Springs Mr. Jerry Samson addressed the Commission and gave an overview of Legislative matters. He discussed legislation related to Growth Management; the successful funding of Grants; Workers Compensation relative to Fire Fighters; Workers Compensation related to law enforcement officer and the use of city vehicles." Also mentioned was legislation related to Telecommunications and Cable Taxes, which included a Public Record exemption; and legislation related to a Transportation package that included the regulation of billboards. Mr. Samson stated, "Any things that we're going to need the Legislature to do next year, particularly in - a funding way; we're going to need to get that together within the next couple of months." Mr. Samson added, "Now is the time to start formulating those plans for next year so we can get our legislators to submit it as a community request or more appropriately, find the appropriate agency and review a ranking process that we can get this included in, and help make them a little more veto-proof." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - MA Y 29, 2001 PAGE 4 OF 20 Mayor Partyka inquired about the status of Natural Lands Acquisition and Preservation 2000. Brief discussion. Commissioner Blake asked about the Bonding issue and whether it had been delayed? Mr. Samson responded that "I'll go back and see where that is, exactly." .:..:. AGENDA NOTE: THE FOLLOWING (NEW) REGULAR AGENDA ITEM WAS NEXT DISCUSSED. .:. .:. VII. REGULAR (NEW ITEMS FOR THIS AGENDA) REGULAR E. City Attorney Requests The City Commission Consider Approving The Stipulated Settlement Agreement With Terry Scarlata And The Florida Department Of Community Affairs Which Would Require The City Commission To Consider Approving Ordinance 2001-39 Amending Winter Springs Code Of Ordinances Chapter 9 By Establishing A Concurrency Management Procedure For Certain Public Facilities. Attorney Garganese introduced this Item by explaining that "In 1999, the City of Winter Springs adopted a Comprehensive Plan Amendment which created the Greeneway Interchange District. Ms. Scarlata, as an interested party challenged the adoption of that Amendment. That Amendment, to refresh your recollection, was found in compliance by the Florida Department of Community Affairs. After Ms. Scarlata challenged the Amendment, we sat down and discussed her challenge, and she was agreeable to settle the matter and not bring it to a Hearing. As part of the settlement, she wants the City Commission to consider the adoption of a Concurrency Management Ordinance which is attached to the Draft Settlement Agreement." Commissioner Martinez asked "If we were found to be in compliance by DCA - why do we have to enter into a - separate agreement to satisfy individuals?" Commissioner Martinez further stated, "I was told as a Commissioner that what the City was doing was satisfactory and because of the emphasis of one citizen on the one issue, we are willing and ready to - enter into an agreement?" Attorney Garganese responded that his opinion remains the same. Discussion. Commissioner Blake spoke of residential developments; and regarding the shape of the minimum required half-acre inquired, "Is there any requirement of what shape that half- acre has to be?" Attorney Garganese responded that it should be "functiona1." Commissioner Blake then asked, "Is that defined in here?" Commissioner Blake added that he hoped it would be included. Tape 1/Side B CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - MAY 29, 2001 PAGE 5 OF 20 Commissioner Martinez asked "If we do not approve the agreement, the Ordinance goes away? Is that what you're saying, they don't stand alone, or can we do the usual procedure that we do in the City and provide the Commission and the public with an Ordinance that will restructure the section in question, the same as we have in the past?" Attorney Garganese stated, "The Ordinance will be adopted just like an other Ordinance." Attorney Garganese further stated, "You don't have to go forward with the Ordinance if you don't approve the agreement - but you can." Commissioner Martinez added, "That's what I'm saying." Further discussion. Page eight (8) of the proposed Ordinance (2001-39) was read and Deputy Mayor David W. McLeod asked, "What is that dollar value, in proportion to the population - or to the acreage?" Attorney Garganese stated, "That would be established by the City Commission by Resolution, at a later date, using some methodology." Deputy Mayor McLeod then asked, "Why would you - go forward with - an Ordinance, but then you have no guidelines set as how the two come together as a dollar figure?" Attorney Garganese suggested that three hundred dollars ($300.00) per dwelling unit, was designated on the Avery Park plan, "As a park contribution," Further discussion. Deputy Mayor McLeod then suggested, "Rather than send this to the Development Review Committee to make that decision, those guidelines ought to be laid out so that the Committee doesn't have to try to decipher the cut-off." Attorney Garganese agreed and thought this was an excellent idea and further suggested that a matrix be designed. Further discussion ensued on minimum acreage and the suggested three hundred dollars ($300.00) per unit. Mr. Ronald W. McLemore, City Manager stated that "I need to verify all that." Commissioner Blake spoke about community parks; "Fees in lieu of;" and Impact Fees. Regarding Impact Fees, Commissioner Blake asked "Shouldn't those monies go into a separate account, a separate fund that is restrictive in its use to provide additional park or recreational capacity?" Attorney Garganese responded, "Well, we could play around with the language. The Ordinance currently says, 'Any and all such fees collected shall be allocated and appropriated to the City's recreation budget to be expended' for public recreational purposes and priorities shall be given to expend such funds to acquire parkland." Commissioner Blake added, "Which is exactly what I read, and my feeling on that is, that that probably doesn't restrict the funds enough to prevent a challenge on Impact Fee collection and expenditures. But anyway, that's something I think you should look at." Attorney Garganese added, "We certainly can type the language up." Further discussion. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - MAY 29, 2001 PAGE 6 OF 20 Ms. Terry Scarlata, 1006 Nancy Circle, Winter Springs, Florida: addressed the Commission on her position regarding her challenge. Tape 2/Side A Ms. Scarlata then read a written statement that she had presented to the Commission. "I'D LIKE TO MAKE A MOTION TO APPROVE THE SETTLEMENT AGREEMENT AS PRESENTED BETWEEN THE CITY OF WINTER SPRINGS - THE STIPULATED SETTLEMENT AGREEMENT BETWEEN THE CITY OF WINTER SPRINGS, DCA, AND TERRY SCARLATA, IN CASE NUMBER 00- 0698GM." MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR McLEOD. DISCUSSION. COMMISSIONER MARTINEZ SAID TO ATTORNEY GARGANESE, "YOU SAID THAT YOU ARE RECOMMENDING WE APPROVE THIS AGREEMENT, FOR NO OTHER REASON THAN TO SATISFY - CHALLENGE WITH DCA, BECAUSE I DON'T SEE ANY OTHER REASON FOR APPROVING THIS AGREEMENT OTHER THAN THAT. WOULD I BE CORRECT?" ATTORNEY GARGANESE SAID, "TO SETTLE MS. SCARLATA'S CHALLENGE." COMMISSIONER MARTINEZ FURTHER STATED, "I HATE TO HAVE TO ENTER INTO AN AGREEMENT WITH INDIVIDUALS - DUE TO THE FACT THAT WE ARE SETTING A PRECEDENT HERE, THAT I CANNOT FORETELL WHERE IT WILL TAKE US IN THE FUTURE, BUT I SEE IT AS A DANGEROUS SIGN, ESPECIALLY WHEN WE HAVE THE OPPORTUNITY TO COME UP WITH AN ORDINANCE THAT WOULD PROVIDE ALL THE SAFEGUARDS THAT YOU ARE LOOKING FOR AND TO WHICH WILL BE CHALLENGED BY THE OTHER PARTY TO THE AGREEMENT, IF IT CAME TO A CHALLENGE OR IF SHE WASN'T SATISFIED. BUT ONCE WE SIGN THIS AGREEMENT, WE ARE BOUND BY IT. CORRECT?" ATTORNEY GARGANESE STATED, "THAT'S CORRECT." COMMISSIONER MARTINEZ FURTHER ADDED, "I DON'T THINK WE NEED A SETTLEMENT AGREEMENT TO BIND US TO ANYTHING." VOTE: DEPUTY MAYOR McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. Regarding the related Ordinance, it was decided that no further action would be taken. Attorney Garganese explained that it would be brought back to the Commission in the next sixty (60) days, for the First Reading. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - MA Y 29, 2001 PAGE 7 OF 20 .:. .:. AGENDA NOTE: THE FOLLOWING AGENDA ITEMS WERE NEXT DISCUSSED, AS DOCUMENTED. .:. .:. v. PUBLIC HEARINGS PUBLIC HEARINGS A. Community Development Requests That The City Commission Hold A Public Hearing For Second Reading And Adoption Of Ordinance 2001-27 To Adopt The Avery Park Rezoning Petition (REZ-5-2001) That Would Change The Zoning Map Designation On A 38.37 Acre Tract Located On The West Side Of Tuskawilla Road Across From The Hi-Flavor Meat Plant And Trending Eastward And Northward On The West Side Of The Tuskawilla Trails Manufactured Home Park From (County) A-I Agriculture To Town Center District. Attorney Garganese read the Ordinance by "Title" only, and stated, "This Ordinance is contingent upon Ordinance 2001-20 becoming effective. That Ordinance changed the Comprehensive Plan designation of this property to Town Center." Discussion ensued on the related contingency and possible challenges. Mr. Charles Carrington, Community Development Department Director recommended approval of this Ordinance. Mr. Carl H. Cahill, CHC Development Company, Inc.: briefly addressed the Commission regarding this matter. Mayor Partyka opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. Brief discussion. Ms. Sandy Bierly: addressed the Commission on a proposed Office Park. Commissioner Blake asked, "Are we talking a single story office complex or two (2) story?" Ms. Bierly responded, "When we met with the planner last week, your consultant, they're recommending that we do two (2) stories on Tuskawilla Road, with our three (3) pads, and the one (1) pad at the entranceway, they want that in a two (2) story as well, and they didn't seem to have a problem with one (1) story." "I MAKE A MOTION THAT WE ADOPT ORDINANCE 2001-27." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY DEPUTY MAYOR McLEOD. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - MA Y 29, 2001 PAGE 8 OF 20 VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR McLEOD: AYE MOTION CARRIED. PUBLIC HEARINGS B. Not Used. PUBLIC HEARINGS C. Community Development Presents To The Commission For Their Action The First Reading Of Ordinance No. 2001-36 Which Will Vacate And Abandon A Portion Of First Street Located Northeast Of State Road 434 In The Current Town Center District And Recorded In Plat Book 1, Page 5, Public Records Of Seminole County, Florida "MOTION TO READ BY TITLE ONLY." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. Attorney Garganese read Ordinance 2001-36 by "Title." Attorney Garganese further stated that "This Ordinance stems from the requirement in the real property purchase and sale agreement that the City has with the Blumbergs. I have reviewed the title commitment for that purchase today. Everything seems to be in order, and we are moving to closing, sometime in the middle of June. The Vacation of this portion of First Street would be a requirement before we close on the property. Mayor Partyka opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. "I MAKE A MOTION TO MOVE ORDINANCE 2001-36 TO A SECOND READING ON JUNE 11TH." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - MAY 29, 2001 PAGE 9 OF 20 VOTE: DEPUTY MAYOR McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. VI. REGULAR (CONTINUED FROM THE MAY 14, 2001 REGULAR MEETING) REGULAR C. Community Development Department - Code Enforcement Division Requests The City Commission Considers Information Re!!ardin!! Arbor Permits. Ms. Cook, Code Enforcement Division Manager introduced this Agenda Item and spoke of possible hardship cases, but recommended that the "Arbor Ordinance stand as it is." Commissioner Martinez spoke of hardship clause and inquired, "Didn't we request at the time this came up, that Staff bring something back to us, in that direction?" Ms. Cook explained that "What Staff recommends, that if the Commission feels like there may be a situation where a hardship exists, in order to enact that, I believe we have to amend the Ordinance. I haven't got that direction from you, but certainly, if you direct us to do that, we can work that in." Tape 2/Side B Further discussion ensued on problems resulting from trees being too close to structures and endangering those buildings. Deputy Mayor McLeod then said, "Mr. Manager, again, I still think that portion of our Ordinance should be changed to cover those situations. The same thing I've asked for all along." With discussion, Manager McLemore suggested setting "minimum distance requirements." Deputy Mayor McLeod then made the suggestion, that "At the present time you've got two things. One is, you pay for a permit to take it down. Two then, you have the option to replace it or pay extra to put it in the tree bank. I would say that a tree within any certain distance of the house, would need to come down for protection of the house, I would not oppose the fact that that individual pay for the tree bank or replant a tree. I would be opposed to paying for the permit to take it down, the inspection fee." Manager McLemore agreed that this was a great idea. "I WOULD LIKE TO MAKE A MOTION THAT WlE AMEND THE ARBOR ORDINANCE TO BRING BACK THE CHANGES SUGGESTED BY DEPUTY MAYOR McLEOD AND THE CITY MANAGER, FOR DISCUSSION AND APPROVAL." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - MAY 29, 2001 PAGE 10 OF 20 Attorney Garganese advised the Commission "That currently we are doing a major rewrite of the Tree Ordinance. We have for some time, and whatever the Commission's direction is tonight, if it is to amend any particular provision of the Ordinance, it will be incorporated in that comprehensive rewrite of the Tree Ordinance. You will have an opportunity to address all other issues relating to trees, at that time." Manager McLemore added, "Even though, if I could reserve the right to bring that language back to you, for you to basically bless, before we put it in the Ordinance." VOTE: DEPUTY MAYOR McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. REGULAR G. Parks And Recreation Department Requesting The City Commission To Consider Options For Additional Park Screening At Moss Park That Is Not Budgeted And Would Require New Appropriation. Manager McLemore asked if this Agenda Item could be discussed at the next Meeting. Mayor Partyka called a brief break. Mayor Partyka called the Meeting back to order. Mayor Partyka stated, "Let the record show that Commissioner Blake, Commissioner Martinez, and Commissioner McLeod are here, along with the City Manager and the City Attorney. " "MOTION TO TABLE." MOTION BY COMMISSIONER MARTINEZ. MOTION DIED FOR LACK OF A SECOND. Brief discussion. "I WOULD LIKE TO MAKE A MOTION TO TABLE." MOTION BY DEPUTY MAYOR McLEOD. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: DEPUTY MAYOR McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: NAY MOTION DID NOT CARRY. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - MAY 29, 2001 PAGE 11 OF 20 Further discussion ensued on suggested plants and their potential growth rate. With no additional action by the Commission, Mayor Partyka clarified that ''Nothing happens at this point in time." REGULAR H. Community Development Department - Code Enforcement Division Requests The City Commission Considers Information Regarding Arbor Replacement Fees And Fire Safety. Ms. Cook, Code Enforcement Division Manager introduced this issue. "I'D LIKE TO MAKE A MOTION THAT WE TAKE THIS OFF THE TABLE." MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR McLEOD. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE DEPUTYMAYORMcLEOD: AYE MOTION CARRIED. Ms. Cook clarified what had previously transpired and stated, "Mr. Thompson had come to the Commission asking for relief. The Commission at that time, instructed Staff to bring it back as an Agenda Item, and so we're bringing it back; so, yes, Staff would ask for upholding." Commissioner Blake asked, "Has the Code Board made a finding on this?" Ms. Cook replied, "Because the Commission asked to see it as an Agenda Item, we haven't cited him or given a reasonable time to correct." Ms. Cook added, "We're asking that you uphold the Staffs recommendation." "I MAKE A MOTION WE ACCEPT STAFF'S RECOMMENDATION." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE DEPUTYMAYORMcLEOD: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - MAY 29, 2001 PAGE 12 OF 20 VII. REGULAR (NEW ITEMS FOR THIS AGENDA) REGULAR A. Community Development Requests Authorization For A Supplemental Appropriation Of $46,310 From The General Fund To Complete The EAR Based Amendments For The City Of Winter Springs Comprehensive Plan. Mr. Carrington introduced this Agenda Item to the Commission, and introduced Ms. Tracey Crowe. Ms. Tracy Crowe, Principal Planner with Land Design Innovations, Inc.: addressed the Commission and offered to show some samples of other projects to the Commission. Tape 3/Side A Deputy Mayor McLeod spoke about his previous service on the Planning and Zoning Board/Local Planning Agency and stated his concerns with not having ample time to read all of the involved documents. Deputy Mayor McLeod emphatically asked that this matter be handled in a better way, and in a very timely manner. Commissioner Martinez and Commissioner Blake agreed with Deputy Mayor McLeod's comments and concerns. Commissioner Blake stated, "I would certainly encourage Staff to get us what you can, when you can, and perhaps as we're looking toward the budget cycle, with some of the Workshops we have, we ought to be looking at setting up a few Workshops to review some ofthese revisions as well, at the same time, and to go forward with it. "I MOVE THAT WE ENTER INTO A CONTRACT TO HAVE THE EAR BASED AMENDMENTS COMPLETED, THAT WE FIND THAT THIS AN EMERGENCY, AND THAT WE SUSPEND OUR NORMAL BIDDING POLICIES AND AWARD THE CONTRACT AS IT'S PRESENTED TO US BY ST AFF THIS EVENING." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. Regarding the re-write, Ms. Crowe explained that "We'll definitely start with the 'Goals, Objectives and Policies' that you have now, and determine which ones are outdated, and which ones do we think we should keep, and then start from that; but all the data analysis is from 1990 and it's so old at this point that, what we will be using for our benefit, is that we do have CPH's work on the Traffic Circulation Element, but at this time, it's required to be a Transportation Element, because the State Statutes have changed so we'll be incorporating in mass transit and the buses and the stuff of that nature but - we'll greatly reduce that for coordination purposes. We're just making sure it's consistent with what else we're writing." Deputy Mayor McLeod again spoke of the "Goals and Objectives" and Ms. Crowe stated that "That element will be a strike-though and underline." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - MA Y 29, 2001 PAGE 13 OF 20 VOTE: DEPUTYMAYORMcLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. REGULAR B. City Manager Requests The City Commission To Approve An Agreement Between Cahill Enterprises, Inc. And The City Of Winter Springs Relative To The Town Center Code. While referring to a Memorandum which outlined some proposed changes, Manager McLemore reviewed several details of this proposed "Development Agreement which precedes the Site Plan approval." Manager McLemore then spoke of the "Tree Replacement Plan, 6J; that that detail has been left to another day, because of a number of issues we've been trying to work out with the developer in a situation where there is due, I think, some credit for the fact that they are dedicating forever to the public, a large number of trees and acreage. Arid, in a literal review of the Tree Ordinance, there are a huge number of trees here involved, and so we want to go through and work that out separately and bring that back to you for approval, separately." Discussion then ensued on the one (1) story and two (2) story requirements for this project. Mr. Cahill and Ms. Bierly: addressed the Commission about their clients' concerns. Further discussion followed on the proposed locations for one (1) story and two (2) story, for this proj ect. Tape 3/Side B Deputy Mayor McLeod inquired about a neighboring piece of property, in terms of any future affect on "The outside group of homes." Discussion. "MY UNDERSTANDING OF THE TOWN CENTER IS THE FACT - THE FLEXIBILITY, AND WE'RE SUPPOSED TO HAVE THAT FLEXIBILITY TO HELP BRING IT FORWARD TO THE MARKETPLACE, AND WITH THAT THOUGHT, I WOULD LIKE TO MAKE A MOTION THAT WE WOULD ALLOW A SINGLE STORY HOME ON LOT SIX (6), ON LOT NINE (9), LOT ELEVEN (11), LOT FOURTEEN (14), LOT SIXTEEN (16), AND THEY - ALLOWED BUT NOT REQUIRED, AND THOSE LOTS WILL NOT BE ABLE TO BE TRADED OUT FOR ANY OTHER LOTS IN THE FUTURE." MOTION BY DEPUTY MAYOR McLEOD. SECONDED BY COMMISSIONER BLAKE. v CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - MAY 29. 2001 PAGE 14 OF 20 DISCUSSION ENSUED ON OTHER POSSIBLE FEATURES, SUCH AS DORMERS. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: NAY DEPUTY MAYOR McLEOD: AYE MOTION DID NOT CARRY. Further discussion ensued on this project; the efforts made thus far by the Developer; and other possible sites for the single story homes. "THE MOTION WOULD BE - THAT IN THE FIRST BLOCK, WE WOULD ALLOW ONE HOME, IN THE FIRST BLOCK ON LOT FOUR (4). IN THE SECOND BLOCK, WE WOULD ALLOW TWO (2) HOMES, TO POTENTIALLY BE SINGLE STORY, THAT WOULD BE ON LOT NINE (9) AND ELEVEN (11). AND WE WOULD GO TO THE NEXT BLOCK AND WE WOULD ALLOW TWO (2) POTENTIAL, TO BE FOURTEEN (14) AND SIXTEEN (16)." MOTION BY DEPUTY MAYOR McLEOD. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. Mayor Partyka stated, "We're past eleven o'clock. I need a Motion to extend." "SO MOVED." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY DEPUTY MAYOR McLEOD. DISCUSSION. VOTE: (ON EXTENDING THE MEETING) DEPUTY MAYOR McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. DISCUSSION FOLLOWED ON MANAGER McLEMORE'S OPINION OF THE BEST PLAN. VOTE: (ON DEPUTY MAYOR McLEOD'S MOTION) COMMISSIONER BLAKE: NAY COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR McLEOD: AYE MOTION DID NOT CARRY. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - MA Y 29, 2001 PAGE 15 OF 20 DEPUTY MAYOR McLEOD STATED, "I'D LIKE TO MAKE A MOTION THAT IN THE FIRST BLOCK THAT WE ALLOW THE POSSIBILITY OF ONE (1) SINGLE STORY ON LOT SIX (6); THE SECOND BLOCK, WE ALLOW IN LOT NINE (9) AND ELEVEN (11) - AND IN THE THIRD BLOCK THAT WE ALLOW IT ON..." MANAGER McLEMORE ADDED, "FOURTEEN (14) AND SIXTEEN (16)..." DEPUTY MAYOR McLEOD THEN SAID, "FOURTEEN (14) - SIXTEEN (16)." MOTION BY DEPUTY MAYOR McLEOD. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. Tape 4/Side A VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR McLEOD: AYE MOTION CARRIED. "I MAKE A MOTION WE ADOPT THE MANAGER'S RECOMMENDATIONS ON THE TEXT CHANGES LISTED IN HIS MEMO." MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR McLEOD. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. REGULAR C. Community Development Presents To The City Commission In Their Capacity As The Development Review Committee For The Town Center The Recommendation Of The Planning & Zoning Board And The Staff As It Relates To Final Engineering And Site Plan Approval For The CHC Tuskawilla Road Site Know As Avery Park Contingent Upon Provisions Of A Development Agreement (May 29, 2001 Regular Agenda Item B). Mr. Carrington introduced this Agenda Item to the City Commission and stated that "Staff has determined that the Final Engineering Plans and the Site Plan meet Code requirements." Commissioner Blake clarified that "In other words, the plans as presented meet all the Code requirements for lot size and setbacks and all that other Town Center raised steps in the front and the exceptions of the aforementioned agreement." Mayor Partyka stated, "I'm looking for a Motion here." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - MAY 29, 2001 PAGE 16 OF 20 "SO MOVED." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY DEPUTY MAYOR McLEOD. DISCUSSION. VOTE: DEPUTY MAYOR McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. .:. .:. AGENDA NOTE: THE COMMISSION FURTHER DISCUSSED THE FOLLOWING REGULAR (NEW ITEMS FOR THIS AGENDA) AGENDA ITEM. .:. .:. REGULAR B. City Manager Requests The City Commission To Approve An Agreement Between Cahill Enterprises, Inc. And The City Of Winter Springs Relative To The Town Center Code. With brief discussion, it was determined that one additional Motion was necessary. "I MAKE A MOTION TO APPROVE THE DEVELOPER'S AGREEMENT BETWEEN THE CITY OF WINTER SPRINGS AND - CHC, AS AMENDED." MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR McLEOD. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR McLEOD: AYE MOTION CARRIED. REGULAR D. City Manager Requesting The Commission To Establish A Workshop Date To Review The Charter Revisions Prepared By Jim Burgess. With discussion, it was suggested that an "Off Monday" date be brought back to the Commission for consideration. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - MA Y 29, 2001 PAGE 17 OF 20 "I MAKE A MOTION TO TABLE THIS TO THE NEXT MEETING, AND ASK THE MANAGER TO GET SOME BETTER DATES." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: DEPUTY MAYOR McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. REGULAR F. City Attorney Presents To The City Commission For First Reading Ordinance No. 2001-37 That Would Establish A Temporary Ninety (90) Day Moratorium On The Issuance Of Permits For Off-Premises Signs. "MOTION TO READ BY 'TITLE' ONLY." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR McLEOD: AYE MOTION CARRIED. Attorney Garganese read Ordinance 2001-37 by "Title." With discussion, Commissioner Blake stated that "I would like to see this go to one hundred and twenty (120) days." Deputy Mayor McLeod agreed with Commissioner Blake's suggestion. "MOTION TO MOVE TO SECOND READING - WITH THE CHANGE." MOTION BY COMMISSIONER MARTINEZ. SECONDED. DISCUSSION. Attorney Garganese then re-read the revised "Title" of the Ordinance, and added, "I will make the appropriate changes to Section 1. and Section 3. to change ninety (90) days to one hundred and twenty (120) days." VOTE: DEPUTY MAYOR McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - MA Y 29, 2001 PAGE 18 OF 20 "MOTION TO ADJOURN." MOTION BY COMMISSIONER MARTINEZ. MOTION DIED FOR LACK OF A SECOND. VIII. REPORTS REPORTS A. City Attorney - Anthony A. Garganese, Esquire No report. REPORTS B. City Manager - Ronald W. McLemore Manager McLemore advised the Commission that Mr. Shane Doran would be available to meet with the Commission, in an informal lunch-type Question-Answer session on Monday, at Noon, at City Hall. Manager McLemore suggested that a light lunch could be served, and if the Commission agreed to meet with Mr. Doran, the Meeting would of course be posted. With consensus of the Commission, it was agreed that this Meeting would be held on Monday, at Noon. REPORTS C. City Clerk - Andrea Lorenzo-Luaces No report. REPORTS D. Commission Seat I - Robert S. Miller Absent. REPORTS E. Commission Seat II - Michael S. Blake "MOTION TO ADJOURN." SECONDED. DISCUSSION. MOTION BY COMMISSIONER BLAKE. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - MA Y 29, 2001 PAGE I90F20 VOTE: DEPUTYMAYORMcLEOD: AYE COMMISSIONER MARTINEZ: NAY COMMISSIONER BLAKE: AYE MOTION DID NOT CARRY. No Report. REPORTS F. Commission Seat III - Edward Martinez, Jr. Commissioner Martinez inquired about the Adult Entertainment Ordinance. Attorney Garganese said that he would have "An entire re-write of the Adult Entertainment Code" available next month. Commissioner Martinez then asked about PAC Business Cards. Attorney Garganese stated that he would be forwarding a written Opinion, and explained that the "Opinion will be they cannot solicit donations on government property." Attorney Garganese added that there was "no authority" regarding the passing out of business cards. Commissioner Martinez also mentioned that he had given Attorney Garganese his comments on the Ethics issue. Attorney Garganese reminded all that he "Would like to have your feedback on the questions on City Business cards, at your earliest convenience. " REPORTS G. Commission Seat IV - Cindy Gennell Absent. REPORTS H. Commission Seat V - David W. McLeod "I'D LIKE TO MAKE A MOTION THAT WE ADJOURN." MOTION BY DEPUTY MAYOR McLEOD. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - MAY 29, 2001 PAGE 20 OF 20 VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR McLEOD: AYE MOTION CARRIED. IX. ADJOURNMENT Mayor Partyka adjourned the Meeting at 11 :35 p.m. .:..:. AGENDA NOTE: THE FOLLOWING REPORT WAS NOT DISCUSSED DURING THIS MEETING. .:. .:. REPORTS I. Office Of The Mayor - Paul P. Partyka "' ~ ....... ..... . . /; -- 'U'., p 'p A,y;,'::r'J:1::KA r ~-e-~..I1....... ~;.. I~.r , :.:--:- -~MAYOR~:,~:'-;7 . - -: :. . - ~-::, :: ~ -~ - ~ ,,:..: NOTE: These minutes were approved at the June 1 1,2001 Regular City Commission Meeting.