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HomeMy WebLinkAbout_2001 05 14 City Commission Regular Minutes CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING MAY 14,2001 I. CALL TO ORDER The Regular Meeting of May 14, 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, present Commissioner Michael S. Blake, present Commissioner Edward Martinez, Jr., present Commissioner Cindy Gennell, present City Manager Ronald W. McLemore, present City Attorney Anthony A. Garganese, present A moment of silence was followed by the Pledge of Allegiance. The Commission discussed Agenda changes. Deputy Mayor David W. McLeod stated, "I'd just like to make mention that I do have a conflict with Item 'A' of the Consent and also Item 'c' of Public Hearings. When it comes to voting on that I will abstain." Mayor Partyka announced to the audience that the Convalescent Center for the Homeless would not be discussed at tonight's Meeting. II. PUBLIC INPUT Mr. Bill Manooch, 1515 Greenleaf Court, Winter Springs, Florida: as President of the Winter Springs Little League he addressed the Commission regarding the Little League being invited to host the State Tournament; costs; asked the Commission for $3,000.00 to assist in those costs; and answered questions directed to him by the Commission. Discussion. Mr. Ronald W. McLemore, City Manager asked Mr. Manooch if the City allowed the League to run the concession stand and stated "After you make your basic would you be willing to reimburse us for any out of pocket cost we had for this?" Mr. Manooch CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MAY 14,2001 PAGE 2 OF 22 replied, "Absolutely, we are not looking to make a penny on this, we would rebate every penny to the City." Manager McLemore then said "That this could be a win-win for everybody if we could get beyond the liability issue, which if you're insured I think we can do it in such a way - have a - all between you and I, you and the City and that's what the Commission is worried about." City Attorney Anthony A. Garganese stated, "That's a possibility, where the City could be named on their insurance policy so their insurance carrier buys the risk that the City may be exposed to or some of the risks." Mr. Manooch informed the Commission "That the City is already named on our insurance policy." MOTION BY COMMISSIONER MARTINEZ. "I WOULD LIKE TO SUGGEST THAT THE COMMISSION DIRECT THE CITY MANAGER TO SIT DOWN WITH MR. MANOOCH IN THE NEXT DAY OR SO AND THEY CHOOSE THE MOST SUIT ABLE AGREEMENT THAT WILL SATISFY THEIR NEEDS AND OUR NEEDS INCLUDING A SAFEGUARD AS !FAR AS LIABILITY IS CONCERNED WHICH THE ATTORNEY CAN TAKE CARE OF." SECONDED BY COMMISSIONER GENNELL. DISCUSSION. Manager McLemore clarified the directive by saying "One, you want to be sure from a liability point of view you're in a neutral zone here. Secondly, we would be the guarantor for $3,000.00, and thirdly, they would agree, if we allowed them to do concessions, to pay our out of pocket expenses from their concessions." "Is that in excess of the $3,000.00?" asked Mr. Manooch. Mr. McLemore replied "Yes, anything you make over the $3,000.00." VOTE: COMMISSIONER GENNELL: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. Ms. Tamara Muller, 309 Burleigh Court, Winter Springs, Florida: implored the Commission to approve the fence issue. Mayor Partyka recognized former Mayor John Bush who was sitting in the audience. Ms. Lorraine M. Dusing, 80 South Fairfax Avenue, Winter Springs, Florida: handed the Commission a letter and a picture of the school van she drives and requested that she be allowed to park the van at her home in the next school year. Ms. C. Jimette Cook, Code Enforcement Division Manager reviewed the City's Code for commercial vehicles. Discussion. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MAY 14,2001 PAGE 3 OF 22 Tape I/Side B Mr. Greg Thompson, 998 Papaya Lane, Winter Springs, Florida: told the Commission of his experience with Code Enforcement and the Code Enforcement Board regarding several violations. Commissioner Edward Martinez, Jr. suggested that the City Manager and the Code Enforcement Manager come up with a solution for Mr. Thompson. It was the consensus ofthe Commission that it would return to Staff. Deputy Mayor McLeod said, "The thing has been to Staff, it's been to Code Enforcement its been in front of the Code Enforcement Board itself, been recommendations off that Board. I think they should try to work it out in Staff but I do believe it needs to come back to this Commission as an Agenda Item because I again have seen the problem. It's not as big as I think everybody's trying to make it to be. I think it can be resolved and it can be resolved fairly simply and I think maybe that we just stepped a little beyond where maybe we should be, at this time. So, I'd like to see them work it out, Mr. McLemore, with Code Enforcement but I would like to see it within the next thirty (30) days be back on our Agenda because there is a time clock ticking at present time on this particular property due to Code Violation. And I think the gentleman deserves to know which way he needs to go." Mayor Partyka asked, "Would you like to make that a Motion?" "I WOULD MAKE THAT A MOTION." MOTION BY DEPUTY MAYOR McLEOD. COMMISSIONER GENNELL SECONDED. DISCUSSION. It was discussed that Staff would bring it back as an Informational Item when it is resolved. AMENDMENT TO THE MOTION BY COMMISSIONER BLAKE. "I'D LIKE TO MAKE AN AMENDMENT TO THE MOTION THAT ALSO CAUSES THERE TO BE A STAY OF ANY ACTION BY THE CODE ENFORCEMENT BOARD UNTIL SUCH TIME THA T STAFF BRINGS BACK TO US HOW THEY HAVE RECONCILED THIS." SECONDED BY COMMISSIONER GENNELL. DISCUSSION. VOTE: (ON THE AMENDMENT) DEPUTY MAYOR McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER GENNELL: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGU LAR MEETING - MAY 14, 2001 , PAGE40F22 VOTE: (ON THE MAIN MOTION) COMMISSIONER GENNELL: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR McLEOD: AYE MOTION CARRIED. Attorney Garganese asked for clarification of the Commission's decision, which was to "Stay or abate the prosecution of this case until you have an opportunity to review the matter - until Staff brings it back to the City Commission." The Commission agreed. Mr. Greg Roero, 602 Silver Creek Drive, Winter Springs, Florida: asked if additional trees would be planted along Hayes Road; and if the Respite Center could be a Ballot Referendum. Brief discussion. Ms. Trish Drebert, 500 Hayes Road, Winter Springs, Florida: asked "Where the traffic signals are buried?". She requested that the mound of dirt on Shore Road be moved; that Mrs. Bledsloe's Variance be granted; and requested an update on the City's Code of Ordinance. Ms. Lori Bosse 1004 Gator Lane; Winter Springs, Florida: asked the Commission to reinstate the number of pets policy; establish a Pet Rescue Ordinance; asked whether the City is capable of enforcing a Pet Ordinance; asked about the City's sign Ordinance; and inquired whether a brick wall would be built between Dyson Road and Tuskawilla Springs. Attorney Garganese stated, "With respect to the Pet Ordinance. We are preparing a draft Pet Ordinance for the City Commission to consider. The woman is absolutely correct. The most important issue is enforcement, making sure you have the ability to enforce the Code. We are looking at it. It is very easy to slap some words on a piece of paper but if you don't have the ability to enforce it, what's the use of adopting the Ordinance. We are looking very carefully at that. In respect to the prosecution of any Code Enforcement Violation, I will tell you we are taking the complaints very seriously. We are looking at mounds of paper that have been provided to look into the possibility of filing a Code Enforcement action and that is all I can say on that matter this evening." Ms. Bosse spoke of a neighbor mowing down her bushes and having discussed it with the police. She asked for the Commission's opinion regarding this issue. Attorney Garganese told the Commission "I will have to look into this matter and advise the Staff accordingly." Mayor Partyka asked, " Is there is anything else that we need to do right now?" The City Attorney affirmed that "The Commission does not need to do anything. The ball is in my court with respect to the Ordinance and reviewing the Code Enforcement situation and CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING- MAY 14,2001 PAGE 5 OF 22 will add this on to the list to take a look at and see if there are any Code matters that we need to address." Deputy Mayor McLeod suggested that Code Enforcement talk with Mr. Mike Whitmer, Seminole County, regarding pet rescue and that the City Attorney should "Get back to us rather soon." III. CONSENT CONSENT A. Community Development Department Presents To The City Commission The Recommendation Of The Planning & Zoning Board And The Development Review Committee As It Relates To Final Engineering And Site Plan Approval For The First Baptist Church Of Winter Springs. CONSENT B. General Services Department Requests The City Commission Determine The Efficacy And Desirability Of Installing A State-Of-The-Art Automatic Mixer To Eliminate Current Problems With The Commission Chamber Sound System, And Provide A Supplemental Appropriation For Same. Brief discussion. CONSENT C. Public Works Department Requesting Approval Of The Public Improvements And Maintenance Easement And Agreement From Thomas E. Doss III And Janice M. Doss. CONSENT D. Utility/Stormwater Department Requesting Authorization To Purchase CleaningIV acuum Truck By Piggybacking Authority Bid #2001-03. A Sanitary And Storm Sewer Off Of Escambia County Utility Tape 2/Side B Discussion. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MAY 14,2001 PAGE 6 OF 22 CONSENT E. Public Works Department Requesting Authorization To Execute An Interlocal Agreement For The Transportation And Education Infrastructure Plan With Seminole County, The Municipalities Within Seminole County And The Seminole County School Board. Discussion. CONSENT F. Office Of The City Clerk Approval Of The Minutes Of The April 9, 2001 Regular City Commission Meeting. CONSENT G. Office Of The City Clerk Approval Of The Minutes Of The April 23, 2001 Regular City Commission Meeting. Commissioner Martinez suggested that under Regular Agenda Item 'A' the figure Commissioner Miller mentioned should be forty-three thousand dollars ($43,000.00) and not four thousand dollars ($4,000.00). CONSENT H. Office Of The City Clerk Approval Of The Minutes Of The April 25, 2001 Special City Commission Meeting. MOTION BY COMMISSIONER MARTINEZ. "I MOVE TO APPROVE 'B' THROUGH 'H' OF THE CONSENT AGENDA." SECONDED BY COMMISSIONER GENNELL. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER GENNELL: AYE MOTION CARRIED. The Mayor recessed the Meeting at 8: 15 p.m. The Mayor called the Meeting back to order at 8:31 p.m. Mayor Partyka requested that the record reflect that Commissioner Cindy Gennell, Commissioner Robert S. Miller and Commissioner Michael S. Blake were present. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MAY 14,2001 PAGE 7 OF 22 IV. INFORMATIONAL INFORMATIONAL A. Fire Department Requests That The City Commission Review The Results Of The City Of Winter Springs Employee Blood Drive. INFORMATIONAL B. Office Of The City Clerk Providing Requested Information To The City Commission On The "State Of The City" Address. Commissioner Martinez returned to the dais at 8:33 p.m. Deputy Mayor McLeod returned to the dais at 8:33 p.m. Brief discussion. INFORMATIONAL C. General Services Department Inform The Commission Of The Status Of The Purchasing Card Program. INFORMATIONAL D. Public Works Department Responding To The Question Regarding The Recent Culvert Cleaning Of Gee Creek At State Road 434. INFORMATIONAL E. Police Department Requesting The Commission To Review The Information Regarding Activities On The Cross Seminole Trail. INFORMATIONAL F. Public Works Department Responding To The Residents Allegation That Public Works Employees Dumped Traffic Signal Demolition Debris On Hayes Road. Brief discussion. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MAY 14, 200 I PAGE 8 OF 22 NFORMATIONAL G. Parks And Recreation Department Requests That The City Commission Review Information On The Community Youth Organization (C.Y.O.) Supervised Basketball Summer Program At Torcaso Park. Mayor Partyka stated, "Commissioners I'm looking for a Motion to approve." MOTION BY COMMISSIONER MARTINEZ. "SO MOVED." SECONDED. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER GENNELL: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR McLEOD: AYE MOTION CARRIED. V. PUBLIC HEARINGS PUBLIC HEARINGS A. Community Development Department Request The City Commission Hold A Public Hearing For 1 sl Reading Of Ordinance 2001-34 That Would Annex A 1.36 Acre Parcel. Mayor Partyka stated, "I'm looking for a Motion to read by 'Title' only." MOTION BY COMMISSIONER MARTINEZ. "SO MOVED." SECONDED. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER GENNELL: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" only. The Agenda Item was introduced by Mr. Charles Carrington, AICP, Community Development Department Director. Mayor Partyka opened the "Public Input" portion of this Agenda Item. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MAY 14.2001 PAGE 9 OF 22 No one spoke. The "Public Input" portion of this Agenda Item was closed. Mayor Partyka stated, "Commissioner's, I need a Motion." MOTION BY COMMISSIONER BLAKE. "MOTION TO MOVE TO SECOND READING ON JUNE, 11 2001." SECONDED BY DEPUTY MAYOR McLEOD. DISCUSSION. Deputy Mayor McLeod asked "Are we going to ask here, and I think we should here, have a posting of a rezoning on any property that happens in the City. I think that's been the intent of this Commission." Manager McLemore replied, "That's the position that I've taken." Deputy Mayor McLeod continued, "So, are you telling me we will post this particular property." The City Manager stated, "Before it goes to Rezoning, yes." The Deputy Mayor inquired about the size of the sign and suggested the City look into duplicating the signs the County uses. VOTE: COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER GENNELL: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. PUBLIC HEARINGS B. Community Development Department Presents To The Commission For Their Action The First Reading Of Ordinance No. 2001-35 Which Will Vacate And Abandon An Unnamed Right Of Way Located On The West Side Of Tuskawilla Road, South Of State Road 434 And Contiguous To The Current Town Center District In Plat Book 1, Page 5, Public Records Of Seminole County, Florida. Mayor Partyka stated, "I need a Motion to read by 'Title' only." MOTION BY COMMISSIONER MARTINEZ. "SO MOVED." SECONDED BY COMMISSIONER MILLER. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING- MAY 14,2001 PAGE 10 OF 22 VOTE: COMMISSIONER GENNELL: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" only. Mr. Carrington introduced the Agenda Item. Mayor Partyka asked Mr. Carrington if any negative remarks were received, which there were none. Ms. Sandy Bierly, CHC Development: addressed the Commission. Mayor Partyka opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. Mayor Partyka stated, "Commission, I need a Motion." MOTION BY COMMISSIONER MARTINEZ. "MOTION TO MOVE TO SECOND READING ON JUNE, 11 2001." SECONDED. DISCUSSION. VOTE: DEPUTY MAYOR McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER GENNELL: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. PUBLIC HEARINGS C. Community Development Department Requests That The City Commission Conduct A Public Hearing For A Second Reading Of Ordinance 2001-32 To Adopt A Rezoning Petition (REZ-4-2001) To Change The Zoning Map On A 6.315 Acre Parcel From Single Family Dwelling District RC-l To Neighborhood Commercial C-l. The Property Is Located On The South Side Of East State Road 434 At The Intersection Of State Road 419. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MAY 14,2001 PAGE II OF22 Attorney Garganese read Ordinance 2001-32 by "Title" only. Mr. Carrington spoke of the zoning change. Mr. Tom Skeleton, American Civil Engineering Company: affirmed that the power easement is not a part of the rezoning issue. Commissioner Miller spoke of the City Code and asked if the property would require a wall. Mr. John Bush, 2 J Tarpon, Winter Springs, Florida: addressed the concern of accessing the property from Shore Road; their willingness to "do what ever it takes"; and a natural barrier is the way they would prefer to go. Mr. Anthony Garganese read Section 20-239. From the City's Code of Ordinance.. He stated, "I don't know if a church would constitute a commercial activity on the property. It's an issue for the DRC to consider during the site plan process. I'm sure through the planning manual it would be able to make a determination whether a church really is commercial." Manager McLemore said, "It won't, it's defined as institutional use." Attorney Garganese then said, "Probably would not. So in that case because it is not a commercial activity a wall would not be required to buffer residential under this Code provision." Mayor Partyka asked Attorney Garganese, "Does this Commission have to vote on that determination or not? That's it's Commercial use or not?" Attorney Garganese stated "According to your Code it's a Development Review Committee Issue." Commissioner Gennell commented that this issue should be dealt under the site plans and not under Rezoning. Mayor Partyka opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. Discussion. Mayor Partyka said "Just for Point of Order here. I want to say this again. If we get documents and the documents show something different than what Staff - one Staff from another Staff says - then the documents need to be correct and according to everything we have here that's R-l. All right that's about as simple as I can say. And if it's not then we have the wrong documents. So I'm making the assumption that is R-l. All right so lets clarify that." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MAY 14,2001 PAGE 12 OF 22 The Mayor recessed the Meeting at 9: 18 p.m. The Mayor called the Meeting back to order 9:23 p.m. Tape 3/Side B Mayor Partyka said, "Let the record show that we came back from recess and all Commissioners are here at this time." Further discussion continued on this issue. MOTION BY COMMISSIONER BLAKE. "I'D LIKE TO MAKE A MOTION TO ADOPT ORDINANCE 2001-32 (REZ-4-2001)." SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER GENNELL: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: ABSTAIN COMMISSIONER BLAKE: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE FOLLOWING CONSENT AGENDA ITEM WAS DISCUSSED AND VOTED ON SEPARATELY. .:..:. II. CONSENT CONSENT A. Community Development Department Presents To The City Commission The Recommendation Of The Planning & Zoning Board And The Development Review Committee As It Relates To Final Engineering And Site Plan Approval For The First Baptist Church Of Winter Springs. Mr. Carrington commented that all Staffs concerns had been addressed and the Staff is recommending approval. Discussion ensued. MOTION BY COMMISSIONER BLAKE. "I'D LIKE TO MAKE A MOTION THAT WE APPROVE THE ITEM, THE SITE PLAN, SUBJECT TO THE ADDITIONAL REQUIREMENT OF CONSTRUCTION WALL ACCORDING TO CODE PRIOR TO ANY CLEARING OR DEVELOPMENT IN THE SOUTHERN 200 FEET OF THE PROPERTY." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MAY 14,2001 PAGE 13 OF22 Commissioner Blake explained his Motion by saying, "That means that Building 5A as listed on my plan, on the parking areas south of where Building 5 begins, I calculate that as just a little more than 200 feet. That 200 foot, section prior to that being cleared for development, the wall has to be intact. And the wall only has to be along the southern boundary, the 378 feet." SECONDED BY COMMISSIONER MILLER. DISCUSSION. AMENDMENT TO THE MOTION BY COMMISSIONER GENNELL. "AMEND THE MOTION TO INCLUDE SOME OBSTRUCTION FENCE TO OBSTRUCT THEM FROM USING THAT FOR CONSTRUCTION PURPOSES PRIOR TO THE ERECTION OF THE SIX FOOT (6') WALL." SECONDED BY COMMISSIONER MILLER. DISCUSSION. Tape 4/Side A VOTE: (ON THE AMENDMENT) COMMISSIONER BLAKE: NAY COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: ABSTAIN COMMISSIONER MARTINEZ: NAY COMMISSIONER GENNELL: NAY MOTION DID NOT CARRY. Discussion. MOTION BY COMMISSIONER BLAKE. SECONDED. DISCUSSION. "CALL THE QUESTION." VOTE: COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER GENNELL: AYE DEPUTY MAYOR McLEOD: ABSTAIN MOTION CARRIED. VOTE: (ON THE MAIN MOTION) COMMISSIONER MARTINEZ: NAY COMMISSIONER GENNELL: AYE DEPUTY MAYOR McLEOD: ABSTAIN COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MAY 14,2001 PAGE 14 OF 22 Mayor Partyka explained that the passing of the Motion meant, "No wall is required until you get Building 5A. Up to that point in time there is no wall required until you get to the point in your construction which ever may be at that point in time, a wall based on this Motion would be required." Commissioner Blake stated, "Mr. Mayor, it is Building 5A and the parking lot that is adjacent to it and around south of it. The 200 foot number is not quite right. That's an estimation but the exactness is this Building SA and the parking lot to - east and south of it." Discussion. Mr. Skeleton: asked for clarification of clearing the southern portion of the lot. Commissioner Blake stated, "That's why I'm trying to clarify to make sure that we all are on the same page here because it is very technical and you guys have to rely on this. That building that is depicted as 5A and the parking lot that is directly east and south of that Building 5A. When the clearing begins for those projects, in that clearing, in that area, not withstanding that clearing that is allowed to put the water and utilities in - that would be done in Phase 1. That doesn't mean you have to put up the wall though it would certainly be nice if the contractor would lay some logs back there." Mayor Partyka asked. "Did everybody vote based on their understanding of what Commissioner Blake said." Deputy Mayor McLeod said. "All I said here is probably parking lot for phase - Building 5 is probably is going to be built out when they do phase - Building 4 just to accommodate the parking. If you look at this drawing there is no parking over here for 4. That parking lot accommodates 4 and 5 so my comment is probably when 4 takes place it's going to also happen but your Motion includes 200 feet, it also includes that parking lot. So either case, one way or the other, you are already covered." Discussion PUBLIC HEARINGS D. Community Development Department Requests That The City Commission Hold A Public Hearing For A First Reading Of Ordinance 2001-27 To Adopt The Rezoning Petition (REZ-5-2001) That Would Change The Zoning Map Designation On A 38.37 Acre Tract Located On The West Side Of Tuskawila 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. Mayor Partyka stated, "I need a Motion to read by 'Title' only." MOTION BY COMMISSIONER MARTINEZ. "SO MOVED." SECONDED BY COMMISSIONER MILLER. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING- MAY 14,2001 PAGE 150F22 VOTE: COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER GENNELL: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" only. Mr. Carrington introduced this Agenda Item. 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. MOTION BY COMMISSIONER MARTINEZ. "I'D LIKE TO MAKE A MOTION TO MOVE TO SECOND READING." SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER GENNELL: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. PUBLIC HEARINGS , E. Community Development Department- Building Division Requests That The City Commission Hold A Third Reading Of Ordinance 2001-29 That Amends The Code Dealing With Construction Material Required For Fences. Attorney Garganese read Ordinance 2001-29 by "Title" only. Attorney Garganese spoke of the Commission's change to specifically state "Decorative PVC or aluminum would be a permissive material for the construction of fences and walls within the City of Winter Springs." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MAY 14,2001 PAGE 16 OF 22 MOTION BY COMMISSIONER MILLER. "I WOULD LIKE TO MAKE A MOTION TO APPROVE ORDINANCE 2001-29." SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: DEPUTY MAYOR McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER GENNELL: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. PUBLIC HEARINGS F. Community Development Department - Land Development Division Presents To The Commission The Recommendation Of The Districting Commission As It Relates To The Redistricting Of The City And To Request Approval Of The First Reading Of Ordinance No. 2001-33 Which Will Establish District Boundaries Reflecting The January 31, 2001 Population. Mayor Partyka stated, "I need a Motion to read by 'Title' only." MOTION BY COMMISSIONER MARTINEZ. "SO MOVED." SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER GENNELL: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE DEPUTYMAYORMcLEOD: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" only. Mayor Partyka inquired if the districting has to be determined at the time of annexation. The City Attorney answered, "You may have to address that at that time. You would have to amend the boundaries by Ordinance." Commissioner Martinez said "Point of Order. According to the Voter's Right Act of 1965, Districts have to be basically equal to numbers and if you do that now you are making a big mistake. You don't know how many people are going to be there and which district you are going into and that would upset and - one district could be larger than the other district." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING-MAY 14,2001 PAGE 170F22 Attorney Garganese stated, "Since it is not in the City you don't have to make that decision at this time." He further stated, "Administratively you can simply make an amendment to this Ordinance, I believe it states exactly what I said before. All the property west of Tuskawilla Road that's in that unincorporated enclave will be in District Five (5). Everything to the east will be in District Two (2) for the time being. Three (3) years from now all that property gets annexed and you have a whole bunch of residential developments, it would be the obligation of the Commission to rebalance the districts at that time." Commissioner Miller inquired if the Districting Commission had been sent a letter of thanks. Mayor Partyka opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. MOTION BY COMMISSIONER BLAKE. "I WOULD LIKE TO MAKE A MOTION THAT WE MOVE ORDINANCE 2001-33 TO A SECOND HEARING WITH THE ADDITIONAL READING THAT THE ATTORNEY WILL NOW READ." Attorney Garganese stated, "I think you simply add a Section 4. to the Ordinance that states 'With respect to the unincorporated Seminole County enclave between District Two (2) and Five (5) it is the intent of the City Commission that the enclave property to the west of Tuskawilla Road shall be included within District Five (5) and the enclave property to the east of Tuskawilla Road shall be included within District Two (2).'" DEPUTY MAYOR McLEOD SECONDED. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER GENNELL: AYE MOTION CARRIED. VI. REGULAR REGULAR A. Not Used. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MAY 14,2001 PAGE 18 OF 22 REGULAR B. Parks and Recreation Department Requesting The Commission To Approve Contracts With Cox Entertainment, And A.P.C. Fireworks, And Supplemental Appropriations In The Amount Of $5,00.00 For The July 4th Celebration. Mr. Chuck Pula, Parks and Recreation Department Director, introduced the Agenda Item. Tape 4/Side B Manager McLemore informed the Commission that the previously approved contract for fireworks was not executed. Mayor Partyka stated, "I'm looking for a Motion for approval" MOTION BY COMMISSIONER BLAKE. "I MOVE FOR APPROVAL." SECONDED BY COMMISSIONER MILLER. DISCUSSION. It was agreed that the second installment of the payment would be due on July 4,2001. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: NAY COMMISSIONER GENNELL: AYE DEPUTY MAYOR McLEOD: AYE MOTION CARRIED. Mayor Partyka stated, "I'm looking for a Motion to extend the Meeting" MOTION BY COMMISSIONER BLAKE. "MOTION TO EXTEND THE MEETING THIRTY (30) MINUTES." SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER GENNELL: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE FOLLOWING AGENDA ITEMS WERE DISCUSSED IN THE FOLLOWING ORDER AS DOCUMENTED. .:. .:. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MAY 14,2001 PAGE 190F22 REGULAR D. Community Development Department Presents To The Commission The Recommendation Of The Board Of Adjustment As It Relates To A Variance To Section 6-190. Of The Code Of Ordinances And To Request Approval For The Variance. With discussion, it was agreed by consensus that a fence Ordinance needs to be prepared. MOTION BY COMMISSIONER GENNELL. "I MOVE THAT WE APPROVE THE BOARD OF ADJUSTMENT RECOMMENDATION FOR A VARIANCE TO SECTION 6-190. CODE OF ORDINANCES." SECONDED BY DEPUTY MAYOR McLEOD. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER BLAKE: NAY COMMISSIONER GENNELL: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Commissioner Miller asked the Mayor whether Staff was clear that an Ordinance regarding the fence height would be brought before the Commission. REGULAR E. Community Development Department Presents To The Commission The Recommendation Of The Board Of Adjustment As It Relates To A Variance To Section 9-241. (c) To Have A Finished Floor Elevation Less Than Eighteen (18) Inches Above The Hundred Year Flood Stage And To Request Approval For The Variance. Mr. Carrington introduced the Agenda Item. Discussion. MOTION BY COMMISSIONER BLAKE. SECONDED. DISCUSSION. "MOTION TO TABLE" VOTE: COMMISSIONER GENNELL: NAY DEPUTY MAYOR McLEOD: NAY COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: NAY MOTION DID NOT CARRY. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MAY 14,2001 PAGE 20 OF 22 MOTION BY COMMISSIONER GENNELL. "I MOVE THA T WE FIND APPLICATION DOES NOT MEET THE CODE AND WE DO NOT GRANT A VARIANCE." SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: DEPUTY MAYOR McLEOD: NAY COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: NAY COMMISSIONER MILLER: NAY COMMISSIONER GENNELL: AYE MOTION DID NOT CARRY. MOTION BY COMMISSIONER BLAKE. SECONDED. DISCUSSION. "MOTION TO TABLE." VOTE: COMMISSIONER GENNELL: AYE COMMISSIONER MARTINEZ: NAY COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: NAY COMMISSIONER BLAKE: AYE MOTION CARRIED. Tape 5/Side A REGULAR F. City Manager Requesting The City Commission Establish A Date For A Second Meeting During The Month Of May, As There Is Only One Scheduled Regular Meeting, Due To The Fact That Memorial Day Is Observed On The Fourth Monday Of May This Year. The Commission agreed by consensus that a Special Meeting will be held on May 29, 2001. VIII. ADJOURNMENT "MOTION TO ADJOURN." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER GENNELL. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING- MAY 14,2001 PAGE210F22 VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER GENNELL: AYE MOTION CARRIED. Mayor Partyka adjourned the Meeting at 11 :41 p.m. .:. .:. AGENDA NOTE: THE FOLLOWING AGENDA ITEMS FROM THE REGULAR MEETING OF MAY 14, 2001 WERE NOT HEARD AT THIS MEETING. .:..:. REGULAR C. Community Development Department - Code Enforcement Division Requests The City Commission Considers Information Regarding Arbor Permits. 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. REGULAR H. Community Development Department - Code Enforcement Division Requests The City Commission Considers Information Regarding Arbor Replacement Fees And Fire Safety. VII. REPORTS REPORTS A. City Attorney - Anthony A. Garganese, Esquire REPORTS B. City Manager - Ronald W. McLemore REPORTS C. City Clerk - Andrea Lorenzo-Luaces CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETlNG- MAY 14,2001 PAGE 22 OF 22 REPORTS D. Commission Seat I - Robert S. Miller REPORTS E. Commission Seat II - Michael S. Blake REPORTS F. Commission Seat III - Edward Martinez, Jr. REPORTS G. Commission Seat IV - Cindy Gennell REPORTS H. Commission Seat V - David W. McLeod REPORTS I. Office of the Mayor - Paul P. Partyka RESPECTFULLY SUBMITTED: ~/( ~ DEBBIE GILL~ DEP<~.Fr:\~~81TY CLERK -:~ ~~.~\~,~ ;-~".;~ ~> ---- -~...... ~ "';:""..........~ ....~~ - ..--- ~ -- ,- ~ ~~ :: o:o.;~ r ' ; -~. ;. NOTE: These minutes were approved at the June 11. , 2001 City Commission Meeting. KI::\.,;I:IV=U .'.. ., MAY 1 7 2001 \. -' FORM 88 MEMORANDUM OF VOTING CONFLIC RALL COUNT~ MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS ST NAME-FIRST NAME-MIDDLE NAME McLEOD, DAVID W. .ILlNG ADDRESS 645 DUNMAR CIRCLE "Y COUNTY SEMINOLE NAM OF BOARD. COUNCIL. COMMISSION. AUTHORITY, OR COMMmEE W NTER SPRINGS COMMISSION TH BOARD, COUNCIL. COMMISSION. AUTHORITY OR COMMmEE ON ICH I SERVE IS A UNIT OF: CITY 0 COUNTY 0 OTHER lOCAl AGENCY NAME OF POUTlCAl SUBDIVISION: CITY COMMISSIONER, DISTRICT FIVE MY POsmON IS: WINTER SPRINGS, FL Te.ON WHICH VOTE OCCURRED 05/14/01 XM ELECTIVE o APPOINTIVE WHO MUST FILE FORM 88 his form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, coUhcil; Jmmission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting Jnllict of interest under Section 112.3143, Florida Statutes. . our responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending , whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before Jmpleting the reverse side and filing the form. , , INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which ures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- Ire which inures to the special gain or loss of a prin~ipal (other than a government agency) by whom he or she is retained (including the Irent organization or subsidiary of a c~rporate principal by which he or she is retained); to the special private gain or Joss of a relative; 0( the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or i3.357, F.S., and officers of independent special tax districts elected on a one.acre, one-vote basis are not prohibited from voting in that lpacity. >r purposes of this law, a "relativeW includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, other-in-Iaw, son-in-law, and daughter-in-law. A "business associateW means any person or entity engaged in or carrying on a business Iterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation e not listed on any national or regional stock exchange). LECTED OFFICERS: addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaini~g from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. PPOINTED OFFICERS: :hough you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you Jst disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made you or at your direction. YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE .KEN: '. You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) ") APPOINTED OFFICERS (continued) . . A copy of the form must be provided immediately to the other members of the agency. . The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: . You must disclose orally the nature of your conflict in the measure before participating. . You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, DAVID W. McLEOD , hereby disclose that on MAy 14, 2001 , 20 --1..-: (a) A measure came or will come before my agency which (check one) inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the ~pecial gain or loss of my relative, X inured to the special gain or loss of AJ;R-PAK PRODUCTS & SERVICES. INC whom I am retained~ CEO/PRESIDENT , by inured to the special gain or loss of is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: , which FIRST BAPTIST CHURCH .OF WINTER E~RINGS. I AM THE CONTRACTOR OF RECORD. 05/15/01 !tI Date Filed ~OTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE ;ONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, IEMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND. OR A :IVIL PENALTY NOT TO EXCEED $10,000. ....:-. . :E FORM 88 - EFF. 112000 PAGE 2 ~.:...... ;..' ,c' 1.. :...'''. '. . . . . . . . .-. " " .-. " , . " ".. ". " . "