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HomeMy WebLinkAbout2000 11 27 City Commission Regular Minutes CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING NOVEMBER 27,2000 I. CALL TO ORDER The Regular Meeting of November 27,2000 of the City Commission was called to order by Mayor Paul P. Partyka at 8:04 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, arrived at 8:06 p.m. Commissioner Robert S. Miller, absent Commissioner Michael S. Blake, present Commissioner Edward Martinez, Jr., present Commissioner David W. McLeod, present City Manager Ronald W. McLemore, present City Attorney Anthony A. Garganese, present The Commission agreed to hear Regular Agenda Item "A" after "Public Input." Mayor Partyka advised the Commission on information that he had researched regarding "calling the question." II. PUBLIC INPUT Deputy Mayor Cindy Gennell arrived at 8:06 p.m. Ms. Joanne Krebs, 1006 Taproot Drive, Winter Springs, Florida: suggested that a Parks and Recreation Advisory Board be created. In addition, Ms. Krebs spoke of building permits and deed restrictions. Discussion. Commissioner Blake added, regarding "The problem is the City doesn't look at the deed restrictions prior to responding to an application for those permits, and it creates a viscous circle, and been through this again and again and again, that's - one of those items that we need to revisit." Commissioner McLeod explained that "It makes us be in a position not to enforce our codes, but also enforce the covenants of your Homeowners Association, my Homeowners Association, anyone else's Homeowners Association, and that's what the state came down and said no - and that's why Mr. Kruppenbacher had given that ruling that we no longer take a look at the covenants or deed restrictions. We need to only look at what we have on the books as our building permit regulations, that we approved." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 27.2000 PAGE 2 OF 22 Mayor Partyka stated, "What I am going to suggest here is rather than debate this on legal interpretations, I suggest that this Commission tell Mr. Garganese to research it and have an answer for us at the next time." Attorney Garganese stated, "I don't have a problem researching it - I would like to see the specific deed restrictions that Ms. Krebs..." Mayor Partyka added, "Ms. Krebs will offer that as an example, okay. Is that okay with everybody?" Commissioner Martinez stated, "Sure." Commissioner Blake stated, "I'd be happy to also provide Mr. Garganese with the additional documentation which - if only to help him. . ." Commissioner McLeod added, "If we have the documentation that Mr. Kruppenbacher gave his ruling on, then I think that is what he ought to take a look at." Deputy Mayor Gennell stated, "I don't want to see Mr. Garganese restricted to any particular Homeowners' set of documents; just assume, take our word for it, they are out there all over the place." Mr. Gene Lein, 1173 Winged Foot Circle, Winter Springs, Florida: spoke on not getting a suitable response to his recent letter; and also asked if we were selling water to people outside of the city limits. Discussion ensued on Charter Review Meetings. Deputy Mayor Gennell stated, "Now I expect an apology for the misrepresentations that Mr. Lein has made in the last couple of weeks, directed at me." Ms. Colleen Van Allen, 1150 0 'Day Drive, Winter Springs, Florida: as the President of the Winter Springs Soccer Club, asked for more practice fields for the children. Mr. Bill Christie, 1045 Abottsford Court: representing a soccer club, suggested consideration for all sports and spoke of the shortage of fields. Mr. John Sullivan, President of the Winter Springs Grizzlies: supported parks and requested a place for practice. Ms. Lydia Gonzalez: was opposed to Moss Park. Mr. Hal Fues, 550 Wade Street, Winter Springs, Florida: discussed his business location near play fields. Mr. Bart Phillips, 419 Old Sanford-Oviedo Road, Winter Springs, Florida: concerned with children walking around in this area near school bus stops. Ms. Helga Schwarz, 720 Galloway Court, Winter Springs, Florida: suggested that we pursue the Seminole County site, which is her preference. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 27, 2000 PAGE 3 OF 22 .:..:. AGENDA NOTE: THE FOLLOWING REGUlLAR AGENDA ITEM WAS NEXT DISCUSSED, AS DOCUMENTED. .:. .:. VII. REGULAR REGULAR A. Finance Department Requests The City Commission Make A Binding Decision Regarding Ms. Abdulaziz's Water Bill Appeal. Ms. Louise Frangoul, Finance Department Director introduced this Agenda Item. Ms. Abdulaziz, 1603 Grizzley Court, Winter Springs, Florida: addressed the Commission on this matter. Tape 1/Side B Commissioner Blake stated, "Mayor, Point of Order. I think it is important to point out we are not talking about those few dollars. What we are really talking about is a legitimate policy that our bond ratings and our debt that we issued on the water and sewer system are related to - and that is a very, very important question about what policies we implement and how we exercise the protection of the bond holders and remaining customers in the water and sewer system. So, we can't minimize the importance of the fifty or sixty or seventy dollars that might be in question." COMMISSIONER McLEOD STATED, "MINE WOULD BE A MOTION OF RECOMMENDATION THAT WE DO ADOPT AN EXTRAORDINARY USE POLICY, AS PERHAPS OUTLINED IN THREE - IN THE FUTURE, BUT HOWEVER FOR THIS PARTICULAR POLICY THIS EVENING AND TO GET THIS THING BEHIND US, AND THEN LET THE STAFF BRING THIS POLICY FORWARD TO US, I WOULD RECOMMEND THAT WE DO RECEIVE THE $143.78 FROM MRS. ABDULAZIZ AND MOVE THIS THING FORWARD, AT THIS TIME." MOTION BY COMMISSIONER McLEOD. MOTION DIED FOR LACK OF A SECOND. COMMISSIONER MARTINEZ STATED, "I MAKE A MOTION THAT WE ACCEPT POLICY OPTION 3, FOR AGENDA ITEM A. MOTION BY COMMISSIONER MARTINEZ. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. COMMISSIONER BLAKE STATED, "MAYOR I WOULD LIKE TO MAKE AN AMENDED MOTION THAT THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS MAKE A FINDING THAT OUR ENGINEER IS UNABLE TO DETERMINE WHETHER OR NOT THE HOLE IS CONNECTED TO A CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 27,2000 PAGE 4 OF 22 LEAK; THAT OUR CITY ENGINEER IS UNABLE TO DETERMINE WHETHER OR NOT THERE ARE ANY SPRINKLER PIPES AT, NEAR, OR AROUND THE HOLE; THAT WE ARE UNABLE TO DETERMINE WHETHER OR NOT THE METER THAT WAS TESTED WAS INDEED THE METER THAT CAME FROM THE ABDULAZIZ' PROPERTY, AS IT DID NOT HAVE A SERIAL NUMBER ON IT, AND THAT WE FIND THAT SINCE THERE IS NO ABSOLUTE PROOF THAT THERE WAS A LEAK, THAT WE CHARGE THE PROPERTY OWNER THE AVERAGE OF THE LAST TWELVE (12) MONTHS - CONSUMPTION WATER BILL. THAT'S MY MOTION." COMMISSIONER BLAKE ADDED, THE LAST TWELVE MONTHS PRIOR TO THAT MONTH, THAT WOULD - GO FROM SEPTEMBER 1999 THROUGH AUGUST 2000, EXCLUDING THE BILL IN QUESTION." AMENDMENT BY COMMISSIONER BLAKE. AMENDMENT DIED FOR LACK OF A SECOND. Mayor Partyka added, "Ultimately, it comes down - $72.77 , as the Amendment." Commissioner Blake clarified, "Mayor, I did not use a number. I used a formula." COMMISSIONER McLEOD STATED, "I'D LIKE TO MAKE A MOTION THEN IF THIS COMMISSION IS NOT WILLING TO TAKE A LOOK AT THE 140 SOME DOLLARS THAT THEY WERE WILLING TO OFFER, THEN I WOULD GO BACK TO COMMISSIONER BLAKE'S WITH THE $72.77, AND THEN AGAIN ASK THAT STAFF GO BACK AND LOOK AT AN EXTRAORDINARY USE POLICY, AND TO BRING THAT BACK IN FRONT OF US, AT A LATER DATE, AND I WOULD HOPE WITHIN NINETY DAYS." COMMISSIONER McLEOD CLARIFIED, "I WOULD LIKE TO AMEND THE MOTION THAT IT BECOMES A $72.77 WITH THE EXTRAORDINARY USE POLICY TO BE BROUGHT BACK TO US WITHIN 90 DAYS." MAYOR PARTYKA STATED, SO YOUR AMENDMENT IS NUMBER ONE?" COMMISSIONER McLEOD CLARIFIED, "MINE IS NUMBER ONE, BUT WITH AN EXTRAORDINARY USE POLICY - THAT NUMBER 1 DOES NOT HAVE IN IT." COMMISSIONER BLAKE ASKED, "DOES THAT MOTION INCLUDE THE FINDINGS THAT I LISTED IN MY EARLIER AMENDED AND SUGGESTED AMENDED MOTION?" COMMISSIONER McLEOD REPLIED, "SURE." SECONDED BY COMMISSIONER BLAKE. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 27,2000 PAGE 5 OF 22 VOTE: DEPUTY MAYOR GENNELL: NAY COMMISSIONER MARTINEZ: NAY COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE MAYOR PARTYKA: NAY MOTION DID NOT CARRY. DEPUTY MAYOR GENNELL STATED, "MR. MAYOR, CALL THE QUESTION PLEASE." SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. Commissioner Blake said, "Mayor - I have to appeal to the Chair." Commissioner Blake then stated, "I would appeal to you to recheck your rules, prior to going any further in the meeting. " Commissioner Martinez stated, "Point of Order. Is it possible that this Commission can sit here and continue to bat Motions back and forth, until somebody likes the motion that one person makes. Instead of voting on the original Motion, if you don't like it, vote against it, and let's get on with the new Motion." Mayor Partyka called afive minute break at 9:10 p.m. Mayor Partyka called the Meeting back to order at 9:22 p.m. Mayor Partyka stated, "Let the record show that we are back from recess." Mayor Partyka then spoke on the previous actions and who had the floor. Mayor Partyka then stated, that Deputy Mayor Gennell "Does take precedence over anyone else, with a light, and so I have recognized Commissioner Gennell, and Mr. Garganese and I agreed to that. So, it is an order, and we have to call the question based on Commissioner Gennell' s Motion." VOTE: ("TO CALL THE QUESTION") COMMISSIONER BLAKE: NAY DEPUTY MAYOR GENNELL: AYE COMMISSIONER McLEOD: NAY COMMISSIONER MARTINEZ: AYE MAYOR PARTYKA: AYE MOTION DID NOT CARRY. Commissioner Blake stated, "Point of Order. I believe a Motion to call the question requires a supermajority at best." Attorney Garganese added, "It requires two-thirds vote." Mayor Partyka stated, "Two-thirds vote, that's a 60 percent. All right, Motion fails." Attorney Garganese added, "Then debate follows under Robert's Rules." CITY OF WINTER SPRINGS MINUTES CITY <;:OMMISSION REGULAR MEETING - NOVEMBER 27, 2000 PAGE 6 OF 22 Deputy Mayor Gennell stated, "My recommendation stands that we do Option Number 3 as is one of the recommendations of the City Staff." MAYOR PARTYKA STATED, "NOW MR. BLAKE, YOU HAD A CALL THE QUESTION? I BELIEVE?" COMMISSIONER BLAKE STATED, "I DID." MAYOR PARTYKA STATED, "CALL THE QUESTION." MAYOR PARTYKA THEN ASKED, "IS THERE A SECOND ON CALLING THE QUESTION?" SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: (ON CALLING THE QUESTION) DEPUTY MAYOR GENNELL: AYE COMMISSIONER McLEOD: NAY COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: NAY MAYOR PARTYKA: AYE MOTION DID NOT CARRY. Manager McLemore stated, "I simply want to clarify one thing in the record. Somewhere I read in the record that there was a pipe broken in your yard, about this time, by a concrete truck? Is that correct?" Brief discussion. Commissioner Martinez stated, "Point of Order, Mr. Mayor. Stop It." VOTE: COMMISSIONER McLEOD: NAY COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: NAY DEPUTY MAYOR GENNELL: AYE MAYOR PARTYKA: AYE MOTION CARRIED. Commissioner Blake then stated, "Mayor, Point of Order. You may want to have the Clerk review for Staff exactly just what happened, because they are asking me, and frankly, I don't know." Discussion ensued on what action just took place. Ms. Frangoul stated, "And I am supposed to come back to you with an Ordinance?" Mayor Partyka stated, "The Motion says, Option 3 - and it talks to recommending Option 3 being - the whole scenario, $215.69, and part ofthat is any kind of extraordinary use policy. Okay?" "Mayor, Point of Order," stated Commissioner Blake. Commissioner Blake then said, "I would like to have that Motion re-read and read correctly so that everyone is very clear on what you voted for, because what you stated just now, is not what was voted for." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 27,2000 PAGE 7 OF 22 Mayor Partyka asked those who voted "in the positive" - what was their understanding of the Motion, was it as I stated?" Commissioner Martinez stated, "Option 3 - two hundred fifteen dollars and change." Deputy Mayor Gennell stated, "Option 3 - yes." Commissioner McLeod said, "I think the question becomes Mayor, is it an Option 3 as Option 3 stands, or is it recommendation 2, which says that if you want an extraordinary use policy, then you use Option 3. So, is there an extraordinary use policy attached to the Motion, or not? I think that is the Commissioner's question." Further discussion. Commissioner Blake stated that "The recommendation is if the Commission desires an extraordinary use policy - it is recommended that Option 3 which lays out how an extraordinary use policy could be put into effect, what the math would be, and additionally, how that math, if this were applied, would specifically affect this customer. And then be applied to Ms. Abdulaziz' case." Mayor Partyka stated, "I believe that was the Motion." Mayor Partyka further stated, "This is the recommendation. These two Commissioners and myself agree with the recommendation that was given to the staff. That's what it has come down to be. Now, if somehow we missed a word or terminology, that's the intent here. " Tape 2/Side A COMMISSIONER BLAKE STATED "MR. MAYOR, WHAT I WOULD SUGGEST IS THAT IN FACT IF YOU WILL RECOGNIZE ME FOR THIS PURPOSE, I WILL MAKE THE MOTION THAT WE HOLD TONIGHT'S ACTION IN ABEYANCE UNTIL THE NEXT MEETING, WHEN WE CAN REVIEW THE RECORD VERBATIM, FROM THIS ACTION TONIGHT, AND THEN DETERMINE, WHAT ACTION THE BOARD TRULY DESIRES TO TAKE. I THINK AT THIS POINT, THAT IS THE ONLY FAIR AND LOGICAL WAY TO GO." MOTION BY COMMISSIONER BLAKE. Mayor Partyka stated, "I believe the Motion may be out of order, at this point, because what we are still talking about is clarification of this Motion." Commissioner Blake stated, "My Motion would address that directly." Commissioner Martinez said that he was "Not confused and I would like to state for the record that Commissioner Blake should not be reading through my mind because he is not a CNBC reporter on TV trying to upstage the others around him. He cannot read into my mind." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 27, 2000 PAGE 8 OF 22 Commissioner Martinez further stated, "I made a Motion that says I approve Option 3. They keep talking that this was not a recommendation. It's very clear here, that it is a recommendation, and when the Finance Director got up there, she said that was her recommendation, for us to work with. And I said, 'And I make a Motion to approve Option 3, Policy Option which is titled up here '3' in Item 'A,' and eventually I indicated two hundred fifteen dollars and change, which was the amount posted on there. That's what the Motion was - it's very clear." Mayor Partyka stated, "I believe the Motion has been passed. Okay." COMMISSIONER BLAKE RESTATED HIS LAST MOTION, AND STATED THAT "THE MOTION WAS QUITE SIMPLY THAT WE HOLD BACK - IN ABEY ANCE ANY ACTION ON THE PREVIOUS MOTION UNTIL SUCH TIME, NEXT MEETING, THAT WE HAVE AN OPPORTUNITY TO REVIEW THE VERBATIM RECORD SO THAT WE MAY MORE CLEARLY ASCERTAIN EXACTLY WHAT THE INTENT OF THE COMMISSION WAS." SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: NAY DEPUTY MAYOR GENNELL: NAY COMMISSIONER McLEOD: AYE MAYOR PARTYKA: NAY MOTION DID NOT CARRY. COMMISSIONER McLEOD STATED, "I WOULD LIKE TO MAKE A MOTION THAT THIS RECORD OF THIS PORTION OF THIS MEETING BE VERBATIM." MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: DEPUTY MAYOR GENNELL: NAY COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: NAY COMMISSIONER BLAKE: AYE MAYOR PARTYKA: NAY MOTION DID NOT CARRY. Commissioner McLeod said, "Then I would request that I have a tape of this meeting for tomorrow, in my basket. Thank you." DEPUTY MAYOR GENNELL STATED, "IN ORDER TO CLARIFY ANYTHING THAT HAS HAPPENED WITH THIS ISSUE, I MOVE THAT WE IN ADDITION, ADOPT RECOMMENDATION NUMBER 2, AS LISTED IN AGENDA ITEM CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 27, 2000 PAGE 9 OF 22 'A.'" MOTION BY DEPUTY MAYOR GENNELL. COMMISSIONER MARTINEZ. DISCUSSION. SECONDED BY Manager McLemore stated, "We don't have an Ordinance yet, but - doing what she is suggesting gives us direction to bring you back an Ordinance." Attorney Garganese stated, "That is not entirely recommendation number 2, as applied to resident's appeal. It's simply to request that the policy be brought back for City Commission consideration and adoption." Deputy Mayor Gennell added, "That's correct." Manager McLemore added, "And she is stating that in addition to the Motion that's already been adopted." VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: NAY DEPUTY MAYOR GENNELL: AYE COMMISSIONER McLEOD: NAY MAYOR PARTYKA: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE CONSENT AGENDA WAS THEN DISCUSSED, AS FOLLOWS. .:..:. III. CONSENT CONSENT A. Public Works/Stormwater Department Requesting Approval To Accept An Easement For Access To Oak Forest Lake For Maintenance Purposes. (This Agenda Item Has Been Postponed) CONSENT B. Public Works Department Requesting Authorization To Enter Into A Contract Agreement For Landscape Maintenance Services For City Rights Of Ways And Ponds. CONSENT C. Parks and Recreation Department Requesting The City Commission To Authorize Increased Pricing Of 3 Products And Decreased Pricing Of 1, And The Addition Of 5 New Products Sold At The Central Winds Park Concession. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 27,2000 PAGE 10 OF 22 CONSENT D. Office Of The City Clerk Approval Of The Minutes Of The November 2, 2000 Special City Commission Meeting. CONSENT E. Office Of The City Clerk Approval Of The Minutes Of The November 13, 2000 Regular City Commission Meeting. Mayor Partyka stated, "Looking for a Motion to approve Consent Agenda." COMMISSIONER MARTINEZ STATED, "SO MOVED." SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. VOTE: DEPUTY MAYOR GENNELL: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. IV. INFORMATIONAL INFORMATIONAL A. Police Department Providing Additional Information To The Commission Regarding Speeding And Traffic Conditions On Shore Road Based On Traffic Surveys Conducted Since August 14, 2000. Brief discussion. INFORMATIONAL B. Utility Department Advising The City Commission Of The Proposed Potable Water Projects In This Fiscal Year. Commissioner Blake asked Mr. Kip Lockcuff, P.E., Public WorksfUtility Department Director, "My question is about the water main on 434, from Vistawilla to 417. We're paying for that?" Mr. Lockcuff replied, "We're considering contributing to the up- sizing." Commissioner Blake further stated, "And that would be an additional $50,000?" Mr. Lockcuff replied, "Approximately." Commissioner Blake further stated, "But that CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 27,2000 PAGE 11 OF 22 hasn't been approved in any budget as of yet." Mr. Lockcuff agreed and stated, "Not formally - correct." Commissioner Blake further inquired, "When would that come before us as a budget request?" Commissioner Blake added, "If this project is planned for the year, and it is not in our budget, when did you plan to bring it to us, and how?" Manager McLemore stated, "Ninety days - do you think, Kip." Mr. Lockcuff stated, "We can bring it next time." Mayor Partyka stated, "Is there a Motion to approve the Informational Agenda." COMMISSIONER MARTINEZ STATED, "SO MOVED." DISCUSSION. SECONDED. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE DEPUTYMAYORGENNELL: AYE MOTION CARRIED. V. PUBLIC HEARINGS PUBLIC HEARINGS A. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For Second Reading And Adoption Of Ordinance 2000-36 That Would Annex Approximately 10 Acres Of The Carroll Property. Attorney Garganese read Ordinance Number 2000-36 by "Title" only. Attorney Garganese also stated, "This is the Second Reading and a Public Hearing, with respect to this Ordinance and the newly attached Exhibit "A," Metes and Bounds Survey that we attached at the last City Commission Meeting for First Reading. As you know, - there has been testimony that was presented during First Reading which the Commission heard and that testimony and any other evidence for purposes of this hearing should be incorporated in the City Commission's decision this evening, by reference." Commissioner Blake stated, "Mr. Attorney, Are we missing a word in the 'Title' of the Ordinance? Should it not state, 'The Luther and Joann Carroll property' - add the word 'property.' So, that would be a scribner's error, non-material?" Attorney Garganese stated, "That is a scribner's error and it's not really material to this Ordinance." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 27, 2000 PAGE ]2 OF 22 Mr. Luther Carroll, 11909 Narcoosee Road, Orlando, Florida: stated "I am here requesting the annexing of approximately 10 acres." Mayor Partyka opened the "Public Input" portion of this Agenda Item. Ms. Deborah Pierre, City of Oviedo, Oviedo, Florida: on behalf of the City of Oviedo, she stated the City's opposition to this annexation, and submitted documentation for the record. Discussion. Deputy Mayor Gennellleft at 10:10 p.m. Attorney Garganese asked Ms. Pierre, "For the record - can the City of Oviedo provide water and sewer to the subject property?" Ms. Pierre stated, "I am not sure. I can't answer that question." Attorney Garganese stated, "I believe at the last City Commission Meeting, some representatives of Oviedo said they could not, and Oviedo was aware that this is a voluntary annexation; that the property owner is requesting annexation into the City of Winter Springs." Mr. Grimms stated, "Yes, at this time, my understanding is the City of Oviedo cannot provide the services." Ms. Frances Chandler, 1101 East First Street, Sanford, Florida: as the Deputy County Manager, she noted the County of Seminole's opposition to this annexation. Ms. Chandler noted documentation that was being submitted for the record. Tape 3/Side A The "Public Input" portion of this Agenda Item was closed. "I'D LIKE TO MAKE A MOTION TO ADOPT ORDINANCE 2000-36." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 27.2000 PAGE 13 OF 22 PUBLIC HEARINGS B. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For Second Reading And Consideration Of Ordinance 2000-40 That Would Annex The Approximately 30+/- Acre Weaver Parcel. Attorney Garganese read Ordinance Number 2000-40 by "Title" only. Attorney Garganese also stated, "Mayor, this is the Second Reading with the Metes and Bounds legal description as attached as Exhibit "A." This is a Public Hearing. To save the Deputy County Manager the time, there was testimony at the last City Commission meeting where this Ordinance was considered on First Reading and that testimony should be incorporated here by reference." Commissioner Blake stated, "Mr. Mayor, if I may, while he is coming up, just again reiterate that there was a time some six years ago, maybe seven, that Mr. Weaver was a client of mine for a single municipal bond transaction, and I just wanted to disclose that again. " Mr. Weaver, 844 Lake Mills Road, Chuluota, Florida: stated "I have voluntarily requested annexation into the City of Winter Springs." Mayor Partyka opened the "Public Input" portion of this Agenda Item. Ms. Deborah Pierre, City of Oviedo, Oviedo, Florida: submitted documentation for the record, and stated the City's opposition to this annexation, on behalf of the City of Oviedo. Ms. Frances Chandler, 1101 East First Street, Sanford, Florida: as the Deputy County Manager, she noted Seminole County's opposition to this annexation, and noted documentation submitted by Seminole County. Mayor Partyka stated, "So noted for the record." The "Public Input" portion of this Agenda Item was closed. "I'LL MAKE A MOTION THAT WE ADOPT ORDINANCE NUMBER 2000-40." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 27, 2000 PAGE 14 OF 22 PUBLIC HEARINGS C. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For Second Reading And Consideration Of Ordinance 2000-41 That Would Annex The Approximately 34.7 +/- Acre (Minter) Parcel. Attorney Garganese read Ordinance Number 2000-41 by "Title" only. Attorney Garganese also stated, "Mayor, this is the Second reading with this Metes and Bounds legal description. It also is a Public Hearing, and the purpose of this Hearing which we should incorporate by reference, the comments, testimony, evidence presented at the previous City Commission Meeting." Mayor Partyka stated, "So noted." Mr. Tom Minter, 1700 DeLeon Street, Oviedo, Florida: stated "I just wanted to say this is a voluntary annexation. Thank you very much." Mayor Partyka opened the "Public Input" portion of this Agenda Item. Ms. Deborah Pierre, City of Oviedo, Oviedo, Florida: on behalf of the City of Oviedo, Ms. Pierre spoke of the City's opposition to this annexation, and again submitted a letter for the record. "MAY I MAKE A MOTION TO EXTEND THE MEETING ONE HOUR." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. Mayor Partyka asked Mr. Garganese, "In your opmlOn, have we done everything correctly?" Attorney Garganese stated, "Yes." Ms. Frances Chandler, 1101 East First Street, Sanford, Florida: as the Deputy County Manager, she noted Seminole County's opposition to this annexation, and mentioned the previous comments made by County Manager Kevin Grace at the previous meeting. A letter handed out at the previous City Commission Meeting was resubmitted by Seminole County. Mayor Partyka stated, "So noted." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 27, 2000 PAGE 15 OF 22 Discussion ensued on the Minter property. Commissioner Blake stated, "For the record, Mr. Grimms is pointing out that property that is duly identified, both within the Ordinance and through the map, the metes and bounds description as the Minter property." The "Public Input" portion of this Agenda Item was closed. "I'D LIKE TO MAKE A MOTION THAT WE DO PASS FORWARD ORDINANCE 2000-41." MOTION BY COMMISSIONER McLEOD. SECONDED. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. PUBLIC HEARINGS D. Community Development Department - Planning Division Requests That The Commission Conduct A Public Hearing For A Second Reading And Consideration Of Ordinance 2000-39 That Will Amend Chapter 8 Of The Code Of Ordinances Related To Flood Damage Prevention And Section 9-241 Related To Stormwater Management. "I WOULD LIKE THE COMMISSION TO SUPPORT ME IN POSTPONING THIS ITEM FOR A DATE CERTAIN, THAT BEING DECEMBER 11TH, DUE TO THE FACT THAT I HAVE SOME MATERIAL HERE THAT I NEED TO INTRODUCE AND DISCUSS AND THIS IS GOING TO BE TAKING SOME TIME, AND WE HAVE PEOPLE WAITING. - TO DECEMBER 11TH. MOTION TO POSTPONE TO DECEMBER 11 TH BY COMMISSIONER MARTINEZ. MOTION DID NOT CARRY. Attorney Garganese read Ordinance Number 2000-39 by "Title" only. Mr. Terry M Zaudtke, P.E., CPH Engineers, Inc. 1117 East Robinson Street, Suite C, Orlando, Florida 32801: discussed this matter. Tape 3/Side B Discussion. Mayor Partyka opened the "Public Input" portion of this Agenda Item. No one spoke. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 27, 2000 PAGE 16 OF 22 The "Public Input" portion of this Agenda Item was closed. Commissioner Blake stated, "Adoption of this Ordinance does or does not require us to bring on staff, a team to manage floodway and floodplain development." Manager McLemore stated, "Does not." Commissioner Blake further said, "I just want to make sure it was good for the record." Mr. Zaudtke stated, "Charles, in reading through a couple of provisions, thought that we maybe should make a couple of word changes, if I may present those to you. On page l2, Section 8-52., Item Number (1), where you have underlined '18 inches,' he believes we should insert the words 'to a minimum of 18 inches;' and the same in paragraph (2), insert the words, 'a minimum of before 18 inches." Mr. Zaudtke further stated, "And that also applies to section 9-241." Attorney Garganese stated that these suggestions were not material changes. "MAYOR, I'D LIKE TO MAKE A MOTION FOR ADOPTION OF ORDINANCE 2000-39, AN ORDINANCE PERTAINING TO CHAPTER 8, DEALING WITH FLOOD - DAMAGE PREVENTION, AND SECTION 9-241., STORMW ATER MANAGEMENT, IN THE CITY OF WINTER SPRINGS." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: NAY COMMISSIONER McLEOD: AYE MOTION DID NOT CARRY. Discussion ensued on the last action. Mayor Partyka stated, "It may be worthwhile to bring this back with more Commissioners." Commissioner Blake added, "Unless there is an affirmative vote to rescind the previous action, which would require three (3) Commissioners." Attorney Garganese added, "We would have to start the whole procedure all over again, and have a first reading - if the Ordinance came back." COMMISSIONER MARTINEZ STATED, "MAYOR, WHY CAN'T EXTEND A HALF HOUR TO GIVE THEM AN OPPORTUNITY?" COMMISSIONER MARTINEZ STATED, I'LL MAKE THAT MOTION." MOTION TO EXTEND BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 27, 2000 PAGE 17 OF 22 VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: NAY COMMISSIONER MARTINEZ: AYE MOTION DID NOT CARRY. "MAYOR I WOULD LIKE TO MAKE A MOTION THAT WE EXTEND THE MEETING TO COVER THE BLUMBERG AGREEMENT, AND ALLOT TIME AFTER THAT AGREEMENT IS HANDLED, TO SET A TIME FOR A CONTINUANCE OF THE MEETING." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS NEXT HEARD, AS DISCUSSED. .:. .:. REGULAR I. City Manager Requests The Commission Approve An Agreement Between Lewis And Juanita D. Blumberg And The City Of Winter Springs Relative To The Town Center. Attorney Garganese advised the Commission in detail about this Agenda Item. Attorney Garganese stated, "Generally, you have before you two (2) Agreements. Y Oil have the first Agreement which is a contract to purchase the Boulevard property from the Blumbergs. The Boulevard property is the property shaded blue on the map and it basically would be for purposes of constructing Hickory Grove Boulevard. As you remember, Hickory Grove Boulevard is an obligation on the City, under the James Doran Agreement, so the acquisition of that property would help that Agreement fall into place. " In addition to the acquisition of the Boulevard property, you have another Agreement and that Agreement does a couple of things. That Agreement would give the City of Winter Springs a two (2) year option to acquire the property that is in orange. That Agreement would also give the City a perpetual Recreational Easement to connect Hickory Grove Parks 1 and 2 - (Charles is pointing out that easement) - that would be a thirty (30) foot Public Recreational Easement. In addition, the Agreement would give the City a right of first refusal for a period of five years on the Blumberg Residence property." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 27,2000 PAGE 18 OF 22 Attorney Garganese explained that "The right of first refusal is simply that in any event the Blumbergs receive a binding offer to purchase their property, the City would have the right of first refusal to purchase the property, based on the terms and conditions of the Agreement that the Blumbergs receive from some third party. The Option to acquire the orange property could be exercised at the City's' discretion during the two year time period. And, generally, all of these Agreements are also conditioned on the City Commission vacating a portion of, I believe it is First Street - (Charles will point that out). That right of way currently bisects the property owned by Mr. Blumberg." "In addition, Mr. Blumberg will be reserving the ability to cross the Recreational Easement, for a temporary period of time by a pedestrian or a vehicle; and his concern is he wants to make sure that he can connect his two (2) properties." Attorney Garganese added, "We want to go green-to-green, and he wants to go white-to-white. In addition, this contract to acquire this property is contingent upon Mr. Blumberg selling the Hickory Grove Park properties to the State of Florida. That contract is currently pending in closing." Attorney Garganese added, "Mr. Blumberg would also be conveying to the State, the medians - there are three (3) medians on Hickory Grove Boulevard, 'A,' 'B,' and 'C;' and that is also a condition before the City would be obligated to purchase the Boulevard property in blue." Furthermore, Attorney Garganese stated, "With respect to the Public Recreational Easement, there is a provision currently in the draft that would allow the City to install recreational equipment. Mr. Blumberg wants to limit that to pave trails and signage. Other than that, the Easement would be for ingress and egress to connect the two (2) parks. " Attorney Garganese added, "In the Option Agreement, there is a provision that Mr. Blumberg would not encumber the Option property in orange during the two (2) year time period, and he was concerned that it could technically be foreseeable where he would have perhaps a mortgage or a lien that would encumber the Option, and he wants to make it clear that if for any reason he did mortgage the property, he could do that over the Option property in orange; however, if we exercise our right to purchase the Option property, then obviously he would satisfy the lien at that time, prior to closing. He will agree that during the Option period, he will not lease or sell the Option property. And from my standpoint, I think that sufficiently protects the City and with respect to the Agreement to acquire Property and Easement, we just need to add an 'Exhibit Five (5)' which would depict the residents property; and those are the only amendments." "MAYOR, I WOULD LIKE TO MAKE A MOTION THAT THE CITY OF WINTER SPRINGS APPROVES THE AGREEMENTS AS NEGOTIATED AND AS AMENDED THIS EVENING, WITH JUANITA AND LEWIS BLUMBERGFOR PROPERTIES LOCATED IN THE WINTER SPRINGS TOWN CENTER." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 27,2000 PAGE 19 OF 22 MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. Tape 4/Side A "I'LL MAKE A MOTION THAT WE HEAR ITEM "B,' REGULAR AGENDA." MOTION BY COMMISSIONER McLEOD. COMMISSIONER MARTINEZ STATED, "SHOULD THERE BE A MOTION TO EXTEND." MAYOR PARTYKA STATED, "MOTION TO EXTEND BY THIS ONE ITEM." SECONDED. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: NAY COMMISSIONER MARTINEZ: AYE MOTION DID NOT CARRY. With consensus of the Commission, it was decided that the Commission would meet on Monday, December 4th at 6:30 p.m. to complete this Meeting. "I MAKE A MOTION THAT WE CONTINUE THIS MEETING TO MONDAY, DECEMBER 4TH, 6:30." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. Mayor Partyka adjourned the meeting at 12:11 p.m. .:..:. AGENDA NOTE: THE FOLLOWING ITEMS WERE NOT DISCUSSED DURING THE REGULAR MEETING OF NOVEMBER 27, 2000. .:..:. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 27,2000 PAGE 20 OF 22 VI. REPORTS REPORTS A. City Attorney - Anthony A. Garganese, Esquire REPORTS B. City Manager - Ronald W. McLemore REPORTS C. City Clerk - Andrea Lorenzo-Luaces REPORTS D. Commission Seat V - David W. McLeod REPORTS E. Commission Seat I - Robert S. Miller REPORTS F. Commission Seat II - Michael S. Blake REPORTS G. Commission Seat III - Edward Martinez, Jr. REPORTS H. Commission Seat IV - Cindy Gennell REPORTS I. Office Of The Mayor - Paul P. Partyka VII. REGULAR REGULAR B. Community Development Department - Land Development Division Seeks Guidance From The Commission As It Relates To The Construction Of A Retention Pond Within The 100 Year Flood Zone In The Proposed Belfaire (aka Battle Ridge) Subdivision. REGULAR C. Finance Department Requests The City Commission Authorize The City's Acceptance Of Credit And Debit Cards As An Additional Payment Option For Utility Customer's And Accept Debit Cards For Other City Services Paid At City Hall. This Item Is Unbudgeted And Would Require: An Appropriation From Retained Earnings Of The Water And Sewer Fund In The Amount Of $20,000 For FY 01 And, An Appropriation From Fund Balance Of The Solid Waste Fund In The Amount Of $5,000 For FY 01 And, An Appropriation From General Fund Balance Of $1,000 For FY 01. CITY OF WINTER SPRlNGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 27, 2000 PAGE 21 OF 22 REGULAR D. City Attorney Requests the Commission Review His Legal Opinion Regarding Section 3 Of The City Manager's Contract, As It Applies To Section 5.02 Of The City Charter. REGULAR E. Finance Department Requests Commission Consider The Purchase Of Additional Equipment And Software For The Finance And Utility Finance Department To Operate More Efficiently And Economically And Fully Realize The Benefits Associated With The Computer Conversion. (This Has Been Postponed To The December 11,2000 Regular Meeting) REGULAR F. Parks and Recreation Department Requesting That The City Commission Approve An Appropriation From The General Fund. Fund Balance Of $14,400 Is Required To Cover The Projected Increase In Utility Costs Due To Previous Under-Billing From Florida Power Corporation For FY 2000/01. REGULAR G. Parks And Recreation Department Requesting That The City Commission Approve Proceeding With Land Lease Agreements With The Seminole County School Board And The American Annuity Group To Provide Property For Youth Sports Practice Areas. REGULAR H. Office Of The City Clerk Is Requesting That The City Commission Of The City Of Winter Springs Consider The Attached Resolution Number 2000-38 Which Sets Forth A Suggested Format And Style For All City Commission Meeting Minutes And Advisory Board And Committee Meeting Minutes. (This Has Beell Post pOlled To The December 11,2000 Regular Meeting) REGULAR J. Parks and Recreation Department Requesting That The City Commission Approve Proceeding With Alternative Master Plans For Improvements On The Property South Of The Police Station With A Supplemental Appropriation From General Fund Reserves. VIII. ADJOURNMENT Respectfully submitted: Andrea Lorenzo-Luaces City Clerk --- , ~--.--:~~~ -,,~'fAPP'J{OVED : - . - -- ~.~~' ":4 " _ ''''_'f .... ::.~ ~ -;- . ..- - NOTE: These minutes were approved at the December 11 CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 27, 2000 PAGE 22 OF 22 . 2000 City Commission Meeting. NOTE FROM THE CITY CLERIC At The December II, 2000 Regular City Commission Meeting, The Following Brief Discussion Ensued Regarding Consent Agenda Item "B" - The Approval Of The November 27, 2000 Minutes: Commissioner Blake stated, "On Item 'B,' that's the Minutes, I merely wanted to ask the question as to whether or not we should get a copy of the Court Reporter's transcripts from that meeting from the City of Oviedo, a Public Records Request and attach that to our Minutes as well." Mayor Partyka then asked, "Any comments from this Commission?" Commissioner McLeod stated, "I would think that is a good idea." Mayor Partyka stated, "Okay. Anyone else? Mr. Garganese, your thoughts." Attorney Garganese stated, "That's a good idea; you can do that." Mayor Partyka stated, "Okay, so is everybody in agreement with that? Okay, so make it so!" NOTE FROM THE CITY CLERK: Shortly After The Above Discussion, The Approval Of The November 27, 2000 Consent Agenda Took Place, As Documented: MOTION TO "APPROVE THE CONSENT AGENDA, MINUS THOSE ITEMS THAT WERE MOVED OUT TO OTHER SPECIFIC AREAS OF THE AGENDA." MOTION BY COMMISSIONER MARTINEZ. SECONDED. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS TRANSCRIPT ADDITION CITY COMMISSION TRANSCRIPT ADDITION TO THE NOVEMBER 27, 2000 REGULAR MEETING MINUTES PAGE20F2 NOTE FROM THE CITY CLERK: The Document Referenced In The Above Discussion(s) Is Attached To These Minutes Of The November 27, 2000 Regular City Commission Meeting, And Are Part Of The Permanent Record: .:: -, ~ , ~ ~ Transcript Respectfully Submitted By: Andrea LorenzQ-iuace.;;~ City Clerk ; ~ - ,-_ , , -. '-. ... /, ~ ?.:-:- ,," , ..