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HomeMy WebLinkAbout2025 08 11 Public Hearing 400 - Second Reading of Ordinance 2025-12: Ameding Chapter 2 Addressing the Mayor and CommissionPUBLIC HEARINGS AGENDA ITEM 400 CITY COMMISSION AGENDA | AUGUST 11, 2025 REGULAR MEETING TITLE Second Reading of Ordinance 2025-12: Amending Chapter 2 of the City Code related to City Commission Rules & Procedures, and Addressing the Mayor & Commission SUMMARY At the June 24, 2025 City Commission Regular Meeting, the majority of the City Commission directed staff to prepare an ordinance with requested changes to Chapter 2 of the City Code. The changes, reflected in this ordinance, eliminate a requirement to provide an address when addressing the City Commission in favor of stating whether or not they are a resident of the city. Additionally, this ordinance seeks to clarify the New Business section of the agenda as an opportunity to briefly introduce and request an item for placement on a future agenda. FUNDING SOURCE RECOMMENDATION Staff recommends the Commission hold a public hearing and adopt Ordinance 2025- 12 on second reading. 125 City of Winter Springs Ordinance No. 2025-12 Page 1 of 3 ORDINANCE NO. 2025-12 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA; AMENDING THE CITY OF WINTER SPRINGS CODE OF ORDINANCES, SECTION 2-27 REGARDING CITY COMMISSION RULES AND PROCEDURES AND SECTION 2- 28 ADDRESSING THE MAYOR AND CITY COMMISSION; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, Article IV, Section 4.13 of the City Charter provides that the City Commission shall meet regularly at least once every month at such times and places as the Commission may prescribe by rule; and WHEREAS, pursuant to the requirements of the City Charter, the City Commission has established rules and procedures codified under Section 2-27 of the City Code; and WHEREAS, the City Commission desires to modify Section 2-27 of the City Code related to agenda items and reports. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Commission of the City of Winter Springs. Section 2. Section 2-27 Code Amendment. Section 2-27 of the City Code is hereby amended as follows (underlined type indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Section 2-27. It is intended that the text in Section 2-27 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): Sec. 2-27. – Rules and procedures of the city commission – Generally. *** (c) Approval of the agenda; new business section. (1) At the commencement of each city commission meeting during the call to order section, the city commission shall approve, by majority vote, the proposed agenda to be considered by the city commission at the meeting. Prior to the approval of the proposed agenda, the city commission may, by majority vote, add or remove agenda items from the proposed agenda or reorder agenda items in terms of placement on the agenda. Upon approval of the agenda, the agenda items will be considered by the city commission in the order presented on the approved agenda. 126 Section 5. Incorporation into Code. This Ordinance shall be incorporated into the Winter Springs City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors (2) Unless otherwise determined by the city commission, each regular agenda shall have include a new business section, placed in the order on the agenda approved by the city commission, which allows provides the mayor, any city commissioner, city manager or city attorney an opportunity to raise, if necessary, briefly introduce new issues not on the agenda solely for the purpose of requesting that the city commission direct the city manager to further evaluate and prepare the item for placement on a future agenda as a commission- directed item. that require discussion and potential future direction by the city commission. The new business section shall not be used to present items requiring prior public notice or hearing, for reports allowed under subsection (m), or be used as a substitute for timely placing items on the agenda prior to the agenda packet being distributed or as an add-on item as required by subsection (b). The city commission will not take final action on any new business item other than deciding whether the item should be placed on a future agenda. that is considered a major initiative and/or initiative that would ordinarily require significant city staff research. Persons introducing new business items are encouraged to provide background information regarding the item prior to or at the meeting in the same manner as permitted for reports under subsection (m)(4). *** Section 3. Section 2-28(a) Code Amendment. Section 2-28(a) of the City Code is hereby amended as follows (underlined type indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Section 2-28. It is intended that the text in Section 2-28 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): Sec. 2-28. Addressing the mayor and city commission. (a) Oral communications. Any person desiring to address the mayor and city commission shall first secure the permission of the presiding officer and shall state his/her their name and address for the record whether they are a resident of the city, for the record. If such person is speaking as an authorized representative, such person shall also advise the mayor and city commission of the name of the person, group, business, or organization being represented and whether the represented party is a city resident or located within the city. All remarks shall be addressed to the mayor and city commission as a body and not to any member thereof, unless permission to do so is first granted by the presiding officer or the city commission. Individual members of the public shall limit their discussion or comments to no more than three (3) minutes. Individuals representing a group or homeowner's association shall limit their discussion or comments to no more than five (5) minutes. No questions shall be asked of the mayor or a city commission member or city official except through the presiding officer. *** Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts or ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. City of Winter Springs Ordinance No. 2025-12 Page 2 of 3 127 City of Winter Springs Ordinance No. 2025-12 Page 3 of 3 may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code may be freely made. Section 6. Severability. If any section, subsection, sentence, clause, phrase, word, or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. Section 7. Effective Date. This Ordinance shall become effective upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to City Charter. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the ____ day of _______________, 2025. Kevin McCann, Mayor ATTEST: Christian Gowan, City Clerk APPROVED AS TO LEGAL FORM AND SUFFICIENCY FOR THE CITY OF WINTER SPRINGS ONLY: Anthony A. Garganese, City Attorney First Reading: Legal Ad: Second Reading: ________________ 128 This Business Impact Estimate may be revised following its initial posting. CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 TELEPHONE: (407) 327-1800 FACSIMILE: (407) 327-4753 WEBSITE: www.winterspringsfl.org BUSINESS IMPACT ESTIMATE PURSUANT TO F.S. 166.041(4) This form should be included in the agenda packet with the proposed ordinance to be considered. It must be posted on the City’s website by the time notice of the proposed ordinance is published. City Commission Meeting Dates: July 14, 2025; August 11, 2025 Ordinance Number: 2025-12 Posted To Webpage: Monday, July 28, 2025 This Business Impact Estimate is given as it relates to the proposed ordinance titled: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA; AMENDING THE CITY OF WINTER SPRINGS CODE OF ORDINANCES, SECTION 2-27 REGARDING CITY COMMISSION RULES AND PROCEDURES AND SECTION 2-28 ADDRESSING THE MAYOR AND CITY COMMISSION; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY AND AN EFFECTIVE DATE. Parts I-IV below are not required to be completed if the ordinance involves any one of the following types of exemptions. Please check if applicable: __ 1. Ordinances required for compliance with federal or state law or regulation; __ 2. Ordinances relating to the issuance or refinancing of debt; __ 3. Ordinances relating to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; __ 4. Ordinances required to implement a contract or an agreement, including, but not limited to, any federal, state, local, or private grant, or other financial assistance accepted by a municipal government; __ 5. Emergency ordinances; __ 6. Ordinances relating to procurement; or __ 7. Ordinances enacted to implement the following: __ a. Development orders and development permits, as those terms are defined in s. 163.3164, and development agreements, as authorized by the Florida Local Government Development Agreement Act under ss. 163.3220-163-163.3243; __ b. Comprehensive plan amendments and land development regulation amendments initiated by an application by a private party other than the municipality; __ c. Sections 190.005 and 190.046; 129 This Business Impact Estimate may be revised following its initial posting. __ d. Section 553.73, relating to the Florida Building Code; or __ e. Section 633.202, relating to the Florida Fire Prevention Code. Part I. Summary of the proposed ordinance and statement of public purpose: (Address the public purpose to be served by the proposed ordinance, such as serving the public health, safety, morals, and welfare of the City of Winter Springs.) Pursuant to the City Charter, the City Commission is authorized to establish rules of procedure for their meetings. The proposed ordinance amends the existing City Commission rules of procedure regarding the identification information that a speaker must provide when addressing the Commission, specifically no longer requiring the speaker’s address. Speakers will be allowed to identify as a non-resident or resident of the City. In addition, the proposed ordinance modifies the new business rule on the agenda to state that new items brought up under new business will not be decided, but rather the Commission will determine whether the items should be placed on a subsequent Commission agenda as a commission directed item. Individual commissioner may still place items on the Commission agenda by providing a request to the City Manager prior to the agenda being published. Further, items may be added to an agenda by the Commission at the beginning of meetings when the Commission approves the agenda for the meeting. Part II. Estimate of the direct economic impact of the proposed ordinance on private, for-profit businesses in the City of Winter Springs: (fill out subsections a-c as applicable, if not applicable write “not applicable”) (a) Estimate of direct compliance costs that businesses may reasonably incur if the proposed ordinance is enacted: The proposed ordinance is only related to Commission rule of procedure and there are no compliance costs being imposed on any businesses. (b) Identification of any new charges or fee on businesses subject to the proposed ordinance, or for which businesses will be financially responsible; and The ordinance does not impose any new charges or fees on businesses. (c) An estimate of the City of Winter Springs’ regulatory costs, including an estimate of revenues from any new charges or fees that will be imposed on businesses to cover such costs. There are no regulatory costs associated with the ordinance because the ordinance is only related to the Commission’s rules of procedure. No revenues will be generated from the ordinance from any person or entity including businesses. Part III. Good faith estimate of the number of businesses likely to be impacted by the ordinance: No businesses will be directly impacted by the ordinance. Business representatives wishing to address the Commission at meetings will have to introduce themselves in the same manner as any other person. Part IV. Additional Information the City Commission may find useful (if any): The ordinance is only related to how the City Commission conducts its public meetings. 130 Published Daily in Orange, Seminole, Lake, Osceola & Volusia Counties, Florida Sold To: City Of Winter Springs - CU00116922 1126 E State Road 434 Winter Springs, FL 32708-2715 Bill To: City Of Winter Springs - CU00116922 1126 E State Road 434 Winter Springs, FL 32708-2715 State Of Florida County Of Orange Before the undersigned authority personally appeared Rose Williams, who on oath says that he or she is a duly authorized representative of the ORLANDO SENTINEL, a DAILY newspaper published in ORANGE County, Florida; that the attached copy of advertisement, being a Legal Notice in: The matter of 11150-Public Hearing Notice Was published in said newspaper by print in the issues of, or by publication on the newspaper¶s website, if authorized on Jul 28, 2025. Affiant further says that the newspaper complies with all legal requirements for publication in Chapter 50, Florida Statutes. Rose Williams Sworn to and subscribed before me on this 29 day of July, 2025, by above Affiant, who is personally known to me (X) or who has produced identification ( ). Signature of Affiant Name of Affiant Signature of Notary Public Name of Notary, Typed, Printed, or Stamped 7843357 131 132 7843357 133