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HomeMy WebLinkAbout_1999 10 25 City Commission Regular Minutes CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING OCTOBER 25,1999 I. CALL TO ORDER The Regular Meeting of October 25,1999 of the City Commission was called to order by Paul P. Partyka at 6:31 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, present Commissioner Robert S. Miller, present Commissioner Michael S. Blake, present Commissioner Edward Martinez, Jr., present Commissioner David W. McLeod, present City Manager Ronald W. McLemore, arrived at 6:31 p.m. City Attorney, Anthony A. Garganese, arrived at 6:31 p.m. City Manager Ronald W McLemore, arrived at 6:31 p.m. City Attorney. Anthony A. Gargan ese, arrived at 6:31 p.m. A moment of silence was followed by the Pledge of Allegiance. .:. .:. AGENDA CHANGE: THE COMM][SSION AGREED TO DISCUSS REGULAR AGENDA ITEM ADD-ON "E", AFTER "PUBLIC INPUT". DEPUTY MAYOR CINDY GENNELL ASKED TO DISCUSS THE MINUTES OF OCTOBER 11, 199 AND THE INFORMATIONAL AGENDA. .:..:. Presentation Mr. Glenn Victor, the Public Relations Director of the National Safety Council, presented City of Winter Springs Police Chief Daniel 1. Kerr with the Law Enforcement Traffic Safety Award. Mr. Victor stated, "We chose to single out Chief Kerr and the Officers of Winter Springs for their efforts in keeping our roads safer". Mr. Victor elaborated on several outstanding efforts by Chief Kerr and his department and Chief Kerr accepted the award. Chief Kerr received a standing ovation. Mayor Partyka presented Mr. Tony Tizzio with a Proclamation in honor of "National Disability Employment Month". CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 25. 1999 Page 2 of 21 Mayor Partyka then presented an award of "Special Recognition" to Dr. Johann and Alma Simoons for the achievement of becoming citizens of the United States of America at the ages of 84 and 83 respectively. II. PUBLIC INPUT Daniel Hollis. 235 Shore Road, Winter Springs, Florida: spoke about the Commercial Vehic1es Ordinance. He explained that he drives a company vehicle, is constantly on call; and he spoke of the related $25.00 fee, and where such vehicle(s) could be parked. Ms. C. Jimette Cook, Code Enforcement Officer addressed this issue as it relates to the Code. Ken Rahuba, 206 Wade Street, Winter Springs, Florida: spoke of traffic calming and that he felt it was not working - thus far. He also spoke on cut-through traffic, and asked that the directional sign on State Road 419, between Moss Road and Sherry Avenue. Manager McLemore said that the signage problem would be taken care of the next day. Mr. Rahuba also mentioned that people were parking on the sidewalk along George Street, and he asked what could be done with this parking situation. Chief Daniel J. Kerr addressed the Commission's questions about the parking situation, and the grandfathering that had been done in the past. Deputy Mayor Gennell added, "I can't see how it would hurt us at all to use some of the City owned land across the street, to provide off the street parking and off the sidewalk parking for those people. I would encourage you to meet with the City Manager about it, and see what you can come up with". Mayor Partyka spoke about the time line for the completion of the traffic calming devices, and commented that there seems to be a lack of (temporary) signage. Discussion. .:..:. AGENDA CHANGE: AS STATED EARLIER, THE COMMISSION AGREED TO DISCUSS THE FOLLOWING AGENDA ITEM NEXT .:. .:. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 25. 1999 Page 3 of21 VI. REGULAR ADD-ON E. City Manager Recommending Adoption Of Resolution Number 901 Authorizing Validation Of The City Of Winter Springs Special Assessment Revenue Bond Anticipation Notes, Series 1999. Manager McLemore introduced this Agenda Item. "MAYOR, I'LL MAKE A MOTION TO APPROVE RESOLUTION 901". MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. Commissioner David W. McLeod clarified, "That's basically just saying we're going to validate the bonds through the Courts", VOTE: COMMISSIONER MARTINEZ: AYE; COMMISSIONER McLEOD: AYE; COMMISSIONER BLAKE: AYE; COMMISSIONER MILLER: AYE; DEPUTY MAYOR GENNELL: AYE. MOTION CARRIED. Manager McLemore asked for the direction of the Commission regarding the "contractor issue", and discussion ensued regarding the commencement of construction. Moti Khemlani, 605 Morgan Street, Winter Springs, Florida: asked "Why we keep finding a few people more important than the majority", in terms of the Tuscawilla Assessment District. Mr. Khemlani asked that this project go forward; and he spoke of beautification efforts throughout the City. Manager McLemore suggested two (2) options - either move forward "using our own funds", or "we can be more cautious and wait for the validation to be over". There was brief discussion between Commissioner McLeod and Attorney Anthony A. Garganese about the "Validation Lawsuit" that Commissioner McLeod was referencing in his Motion. There was further discussion about this being a risk management situation; informing the residents of the potential changes; the mobilization of the contractor with regards to this situation; a sixty day delay for the validation procedure; the $200,000 quoted (during the Workshop); additional funds; and moving forward. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 25. 1999 Page 4 of 21 "I WOULD LIKE TO MAKE A MOTION THAT WE DELAY THIS FOR AT LEAST THE OUTCOME OF THE INITIAL LA'VSUIT THAT'S PRESENTLY IN FRONT OF US WHICH I UNDERSTAND SHOULD BE ABOUT SIXTY (60) DAYS". MOTION BY COMMISSIONER McLEOD. COMMISSIONER McLEOD SAID, "I THINK THE VALIDATION LAWSUIT ITSELF WILL VALIDATE WHETHER OR NOT THE DISTRICTING IS PROPER OR IMPROPER, CORRECT"? ATTORNEY GARGANESE ADDED, "YES, WITH RESPECT TO ASSESSMENTS AND THE BOND". COMMISSIONER McLEOD ADDED, "THAT IS EXACTLY THE LAWSUIT THAT I'M SPEAKING - HERE IN THE MOTION. I THINK IT WILL ONLY BE WISE FOR US TO DO THAT". MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE; COMMISSIONER McLEOD: AYE; COMMISSIONER MARTINEZ: NAY; COMMISSIONER BLAKE: AYE; DEPUTY MAYOR GENNELL: AYE. MOTION CARRIED. Manager McLemore then asked the Commission to formalize the City's agreement with the Nabors, Giblin, & Nickerson firm, "To defend the second litigation that your attorney just advised you of, and that's the suit that was filed against the City". Members of the Commission asked that the message should get out to the "People of Tuscawilla" regarding the reason for the escalating costs, and Manager McLemore was asked for an estimate of the proposed legal costs as related to this lawsuit. "I WOULD LIKE TO GO AHEAD AND MAKE A MOTION THAT WE ENGAGE IN A LETTER WITH THE CITY MANAGER TO ENGAGE WITH THE LAW FIRM OF NABORS, GIBLIN, & NICKERSON FOR THE DEFENSE OF LEIN AND LENZINI VERSUS THE CITY OF WINTER SPRINGS REGARDING THE TUSCAWILLA LIGHTING AND BEAUTIFICATION DISTRICT". MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER MILLER. DISCUSSION. Manager McLemore said, "I will try and get you an estimate and make you aware of that, by Memorandum". VOTE: COMMISSIONER BLAKE: AYE; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER MILLER: AYE; COMMISSIONER MARTINEZ: AYE; COMMISSIONER McLEOD: AYE. MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 25. 1999 Page 5 of 21 Mayor Partyka then said, "The fourth issue was to get a letter drafted to respond to the letter that was sent by the People for Good Government, PAC". "SO MOVED". MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. Mayor Partyka was asked to outline what would be in the letter. Mayor Partyka said, "The City Manager and I are going to look at all the points that are made here and address each one specifically for factual content, and make sure the facts are stated in this letter". Discussion. It was agreed that the letter would only deal with the Tuscawilla Lighting and Beautification District, including the reasons for any escalating costs; and it would be completed expeditiously with a copy forwarded to the Commission. Also regarding the letter, it was suggested that it should be direct and factual. The City Clerk was asked to check the record regarding a "petition" of 500 signatures. Tape I/Side B VOTE: DEPUTY MAYOR GENNELL: AYE; COMMISSIONER BLAKE: AYE; COMMISSIONER McLEOD: AYE; COMMISSIONER MARTINEZ: AYE; COMMISSIONER MILLER: AYE. MOTION CARRIED. There was further discussion about the "petition". The Commission asked that it be verified, and if necessary, the City Clerk was asked to listen to the tape and/or review the minutes and report back. III. CONSENT A. Community Development Department Recommends The City Commission Authorize The Mayor To Execute The Attached Revised Multi-Party Acquisition Agreement Between The Florida Office Of Greenways And Trails And The City Of Winter Springs. B. City Manager Requests The Commission Authorize The City Manager To Advance Funds Under The Moss Cove Project Contract In The Amount Of $17,100.00 To The Wyman Fields Foundation. C. City Clerk's Office Approval Of The Minutes Of The Regular Meeting Of October 11, 1999. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 25. 1999 Page 6 of21 "MOTION TO APPROVE" (THE CONSENT AGENDA). COMMISSIONER MARTINEZ. MOTION BY Deputy Mayor Gennell said, "The minutes as we have them, do not reflect the discussions that took place here, amongst the Commissioners; so I would either like the discussion, during the Reports Period, on the qualification process and the dilemma that we faced - either further outlined or done verbatim". The Commission agreed that a verbatim discussion be added to the minutes. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE; COMMISSIONER McLEOD: AYE; COMMISSIONER BLAKE: AYE; COMMISSIONER MILLER: AYE; DEPUTY MAYOR GENNELL: AYE. MOTION CARRIED. IV. INFORMATIONAL A. Utility Department Informing The City Commission Of The Consumer Confidence Report That Will Be Sent To All Residents. "MOTION TO APPROVE INFORMATIONAL AGENDA". MOTION BY COMMISSIONER MARTINEZ. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE; COMMISSIONER BLAKE: AYE; COMMISSIONER MILLER: AYE; COMMISSIONER MARTINEZ: AYE; DEPUTY MAYOR GENNELL: AYE. MOTION CARRIED. V. PUBLIC HEARINGS A. Community Development Department Requests The Commission Consider A Third Reading Of Ordinance 707 Adopting The Proposed Town Center District Boundary And Town Center District Code. Manager McLemore suggested that there were two (2) options, either adopt or extend for a "short time". The Commission discussed pending negotiations; delays; progress; and postponing the Third Reading of this Ordinance. Micky Grindstaff, 20 North Orange Avenue, Suite 1001, Orlando, Florida: spoke of setting time limits, and negotiations. They would like to meet with the City Attorney and Manager McLemore. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 25. 1999 Page 7 of 21 Mayor Partyka opened the "Public Input" portion of the meeting. Michael Schrimsher, 600 East Colonial Drive, Orlando, Florida: discussed previous meetings and related discussions on agreements. He suggested delaying this for a four (4) week period. Sue Murphy, 101 West Kennedy Boulevard, Suite 2000, Tampa, Florida: as the Director of Planning with Rudnick & Wolfe stated, "I'm here representing the James Doran Company. James Doran Company has a valid existing purchase contracts on all the Kingsbury properties that's involved under this "TND" (Traditional Neighborhood Developments). They have already filed a site plan for approximately eleven (11) acres on the Northwest corner of the intersection of 434 and Tuscawilla Boulevard, under the existing Ordinances. We recognize what the City wants to achieve with the "TND" Ordinance. I've worked on "TND's", they live in Charleston, they are based in Charleston, they are familiar with the project. We have nothing against it per se, we have some questions about the legality of the way it's been applied to the process - it seems to place an inordinate burden on a few property owners for the public good. We have some other legal concerns about it. Since "TND's" are typically done as an overlay district or an incentive based district, where you have one property owner who is trying to develop this and pull it all together and then sell platted lots. It's a little unusual to have it be the only use you can all of a sudden have on your property. Having said all of that, we met with your City Manager and your City Attorney today to talk about some of our concerns and ask some questions we had about this, and we expressed a desire to work with you - to the extent that we can. We have the plans filed - we are keeping our DRC (Development Review Committee) review meeting for the middle of November. But, we are willing to - to the extent that we can do it, and the extent the City can be flexible and work with us, we will be flexible and work with the City - to try to make our uses conform and meet the spirit of what you are trying to do. Retail has always been on the "TND's" I've ever seen or worked on. Retail has always been the most problematic aspect of the "TND's". The housing aspect sells well, the retail has always been the problem area. We have a site plan for a grocery store anchored shopping center. We're willing to work on some design changes with the City, to the extent that we can do something that we can lease, something that we can do cost effectively, since we can't pass on those additional design costs on to a tenant, who can just go down, you know, a couple of blocks away and not have to incur those costs. We may have some financing problems with some of these things because of the nature of this development. We simply ask that if we, that the City work with us and be flexible and help have this be a give and take process. We'd rather spend the money we could spend litigating this with the City, and have the City tale the money they would spend litigating with us and let's work together and try to get the project done in a way that makes everybody happy, and everybody can live with. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 25. 1999 Page 80f21 We had, Mr. McLemore has indicated that the grocery tenant - he recognizes that those are, that the grocery tenant anchored shopping centers are not, you know, the primary ideal form for "TND's", but that they are necessary and needed, and that you know, we'd have some flexibility in designing such a center. Like I said, we're willing to work with you to try to design that. I think there is something the City can do. Mr. McLemore indicated that you can bring in sewer and water, which is certainly an asset. I think there's other things that you could explore doing such as reducing impact fees in the "TND" centers, if it's pedestrian oriented. There are things, such incentives I think the City needs to start considering - incentives to make this more attractive and more cost effective and come up with some flexibility in these types of more difficult pieces of property that are retail. We are prepared to hire a specialist like Andreas Duaney, who I have worked with many times, to come in and put together a site plan for this - to see if we can come up with some kind of happy medium here, that we all can live with, that meets your spirit and meets our financial and business obligations at the same time. We hope that the City will work with us to do that. One of things that I just wanted to mention, is that we were told today that we can't, the City can't really negotiate any kind of agreements or any kind of design alternatives and flexibility with us until you have your contract with Mr. Joshi expires. So, we can't even begin this process with you to try to - you know, to try to work out something under your proposed Ordinance, 'till after December 1 S\ and I don't know if you want to factor that in to when you adopt this Ordinance, but we have no choice but to operate under the existing Ordinance until, unless we can come up with some kind of flexible agreement with the City. So, I just wanted to put that in the record, and answer any questions about what we are trying to do". Mayor Partyka closed the Public Hearing. Members of the Commission mentioned an article from the newspaper regarding the future plans for the city; read a portion of the minutes from a Planning and Zoning Board meeting; commented on the City's contract with Rohit Joshi of Joshi and Associates, Inc.; spoke about the related Ordinance; and whether Mr. Joshi would release the Kingsbury property from his contract. Paul Schertz of the James Doran Company, Palm Beach, Florida: spoke of his plans for this property, along with the City's vision. Michael Schrimsher, 600 East Colonial Drive, Orlando, Florida: spoke of exclusive negotiating agreements; time extensions; and the lack of meetings. Paul Schertz of the James Doran Company, Palm Beach, Florida: further spoke of the contract to purchase the Kingsbury property will be formalized on the public record, this week. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 25. 1999 Page 90f21 Discussion ensued on the planned Town Center; developer's agreement; Joshi and Associates, Inc.; and going forward with what the citizens want. Micky Grindstaff, 20 North Orange Avenue, Suite 1001, Orlando, Florida: spoke of the excerpt from the minutes of the Planning and Zoning Board that Commissioner Martinez had just read; time limits, negotiations, and meeting with the City Attorney and the City Manager. Commissioner McLeod said, "For the record here, this Commission has asked several times for the City Manager, Mr. Schrimsher and his attorney to get together and hammer this out. Now, we are being basically told here by Mr. Schrimsher that the only meeting that's happened, was two meeting in the last two weeks". Discussion. Tape 2/Side A "I'M PREPARED TO MOVE THAT WE APPROVE ORDINANCE 707, AND MOVE US ON TO THE NEXT STEP". MOTION BY DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER MILLER. DISCUSSION. Attorney Garganese read the Ordinance by "title only". Micky Grindstaff, 20 North Orange Avenue, Suite 1001, Orlando, Florida: addressed the issue of the proposed delay, and working with the City. "MAYOR, I WOULD LIKE TO MAKE AN AMENDED MOTION, TO POSTPONE THE READING, THE 3RD READING OF 707, THE CURRENT ORDINANCE UNDER CONSIDERATION, UNTIL DECEMBER 13TH, 1999 AND FURTHER INSTRUCT STAFF TO BRING TO THIS COMMISSION AT THE WORKSHOP CURRENTLY SCHEDULED FOR NOVEMBER 8TH, 1999, ALL- A DESCRIPTION OF ALL POINTS AGREED UPON CURRENTLY BETWEEN THE AFFECTED PROPERTY OWNERS AND THE CITY; AND A LIST AND DESCRIPTION OF ALL AREAS OF AGREEMENT OR DISAGREEMENT BETWEEN THE AFFECTED PROPERTY OWNERS AND THE CITY, SO THAT WE MAY ACT UPON THEM AT THAT MEETING, AND THEN GIVE DIRECTION TO STAFF TO ENABLE THEM TO BRING US CONCURRENTLY WITH THE 3RD READING OF ORDINANCE 707 - AN AGREEMENT THAT WOULD HAVE DUE TIME TO BE ADVERTISED AND ENTERED INTO BETWEEN THIS COMMISSION, AND THE AFFECTED PROPERTY OWNERS SIMULATANEOUSLY WITH THE ENACTMENT OF ORDINANCE 707, SUBJECT TO THE APPROVAL OF THE COMMISSION, OF COURSE". MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD. Commissioner Blake was asked to restate his Motion. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 25, 1999 Page 10 of21 COMMISSIONER BLAKE STATED, "THE MOTION IS - IT'S AN AMENDED MOTION TO POSTPONE THE ADOPTION OF ORDINANCE 707 TO DECEMBER 13,1999 WITH THE DIRECTION TO STAFF TO BRING BACK TO THIS COMMISSION ON NOVEMBER 8TH WORKSHOP, ALL THE AREAS OF AGREEMENT AND ALL THE AREAS OF DISAGREEMENT BETWEEN THE AFFECTED PROPERTY OWNERS AND THE CITY, FOR FURTHER DIRECTION FROM THE COMMISSION AT THAT TIME, FOR THE DEVELOPMENT OF A COMPANION AGREEMENT - ISN'T THAT THE TERM WE'VE USED - THE DEVELOPMENT OF A COMPANION AGREEMENT BETWEEN THE AFFECTED PROPERTY OWNERS AND THE CITY WHICH WILL GIVE IT TIME TO BE ADVERTISED AND DULY ACTED UPON SIMULTANEOUSLY WITH THE ENACTMENT OF ORDINANCE 707, ON DECEMBER 13TH, 1999, SHOULD THIS COMMISSION SEE FIT". SECONDED (AGAIN) BY COMMISSIONER McLEOD. DISCUSSION. Discussion ensued on litigation; delays; and a potential Veto by the Mayor. VOTE (ON CALLING THE QUESTION): COMMISSIONER McLEOD: AYE; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER MARTINEZ: AYE; COMMISSIONER MILLER: AYE; COMMISSIONER BLAKE: AYE. MOTION CARRIED. VOTE (ON THE AMENDMENT): COMMISSIONER BLAKE: AYE; COMMISSIONER MARTINEZ: NAY; COMMISSIONER McLEOD: AYE; DEPUTY MAYOR GENNELL: NAY; COMMISSIONER MILLER: NAY. MOTION DID NOT CARRY. Mayor Partyka then said, "Call the vote on passing of Ordinance 707". VOTE : COMMISSIONER MARTINEZ: NAY; COMMISSIONER McLEOD: NAY; DEPUTY MAYOR GENNELL: NAY; COMMISSIONER MILLER: NAY; COMMISSIONER BLAKE: NAY. MOTION DID NOT CARRY. "MAYOR, I'D LIKE TO MAKE A MOTION TO POSTPONE THE READING OF ORDINANCE 707 UNTIL DECEMBER 13TH, 1999, WITH INSTRUCTIONS TO STAFF TO HAVE FURTHER DISCUSSIONS WITH THE AFFECTED PROPERTY OWNERS AND BRING BACK TO US ON NOVEMBER 8TH A LIST OF ALL THOSE AREAS AGREED UPON, AND ALL THOSE AREAS NOT AGREED UPON AT THE WORKSHOP OF THAT DATE, TO FURTHER FORMULATE A COMPANION AGREEMENT WHICH WILL THEN BE ADVERTISED AND BROUGHT SIMULTANEOUSLY ON DECEMBER 13TH WITH THE SECOND READING OF THE ORDINANCE 707". MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 25. 1999 Page 11 of21 VOTE: COMMISSIONER BLAKE: AYE; COMMISSIONER MILLER: NAY; COMMISSIONER McLEOD: AYE; DEPUTY MAYOR GENNELL: NAY; COMMISSIONER MARTINEZ: NAY. MOTION DID NOT CARRY. "I MOVE THAT WE POSTPONE THE FINAL ADOPTION OF ORDINANCE 707 FOR TWO (2) WEEKS". MOTION TO POSTPONE UNTIL NOVEMBER 8TH, 1999 BY DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE; COMMISSIONER McLEOD: NAY; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER MILLER: AYE; COMMISSIONER BLAKE: NAY. MOTION CARRIED. Mayor Partyka called a recess at 9: 12 p.m. The meeting was called back to order at 9:30 p.m. by Mayor Partyka. B. Community Development Department - Code Enforcement Division Requests The City Commission Hold A Public Hearing For The First Reading Of Ordinance #750 To Amend The City Code That Deals With The Keeping Of Animals In Residential Areas. Mayor Partyka said, "Commissioners, if you want this to read by 'title only', I need a Motion. "SO MOVED". MOTION BY COMMISSIONER MARTINEZ. SECONDED. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE; COMMISSIONER BLAKE: AYE; COMMISSIONER McLEOD: AYE; COMMISSIONER MARTINEZ: AYE; DEPUTY MAYOR GENNELL: AYE. MOTION CARRIED. Attorney Garganese read the Ordinance by "title only". Code Enforcement Officer Cook spoke to the Commission about the proposed Ordinance. Mayor Partyka opened the "Public Input" portion of the meeting. Tom Waters, 1033 Antelope Trail, Winter Springs, Florida: spoke on this Ordinance; restrictions imposed by the City; and did not think that there were any health or safety Issues. Paul Finnegan, 1567 Warrington Street, Winter Springs, Florida: agreed with what Mr. Waters had said. Joanne Krebs, 1002 Taproot Drive, Winter Springs, Florida: also agreed with what had previously been said. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 25. 1999 Page 12 of21 Mayor Partyka closed the "Public Input" portion of the meeting. Commissioner Martinez stated, "I'd like to say for the record that there's no such thing as an unenforceable law, and the Chief is here and can possibly corroborate that fact - that there is no unenforceable law. Laws are in the book to be enforced and furthermore, I think that we can have some type of an Ordinance in the books, but having backyards here for the chickens and goats, and all kinds of things like that, that apparently people would be objecting to. And, one of the reasons why a certain Ordinance is there is to make sure that we do not run rampant and start developing a menagerie in a household. However, when I have brought this issue up and asked that we needed a revision of the Ordinance, I said at the time, and I am still sticking by it - that the Ordinance said, two (2) cats and two (2) dogs, or two (2) dogs and two (2) cats was one aspect of it, and you could have - that's it, a combination of four (4); but, I said that if you were allowed to have four (4) of different kinds, we should be allowed to have four (4) of one kind. If you are allowed to have two (2) dogs and two (2) cats, you should be allowed to have four (4) cats or four (4) dogs. And the reason why I said that is because some people came up here asking for an exception from the Commission to request that they be allowed to keep the pets that they have, at the time. They were denied because by such an Ordinance. But I think if we are going to allow (2) cats and two (2) dogs, we should allow four (4) of cats or four (4) dogs, and put an end to it that way. It would open up the doors for some of the people that want to have more than two (2) pets of one kind. I don't think it would open up a kennel. If they do that, we'll have to take some other type of action - as long as you have four (4) of one kind, I don't see any obj ection to a person having four (4) animals, four (4) pets in their home". Discussion ensued on the Ordinance; complaints; kennels; the combination of animals; complaint issues; Seminole County's rule; removing Section 4-2.; enforcement issues; leash law(s); externalities and the concern for regulating impact. Tape 2/Side B The Commission and Ms. Cook then discussed a "pooper-scooper" prOVISIOn; an Ordinance recently enacted by West Palm Beach; enforcing Section 4-2. of our Code; involvement by the Code Enforcement Board; permission being granted by the Commission; limits; and the impact on neighboring property owners. COMMISSIONER McLEOD STATED, "I'D LIKE TO MAKE A MOTION AT THIS POINT". COMMISSIONER THEN SAID, "FIRST OF ALL, I WOULD LIKE TO SAY I THINK WE ARE CONFUSING TOO MANY ISSUES, SO I'D LIKE TO PUT THIS THING TO BED FROM THE ORDINANCE 750 AS WRITTEN. I DO NOT FIND THAT HAS ANY MERIT IN THE DIRECTION OF WHAT WE'RE GOING TO GOVERN THE AMOUNT OF DOGS AND CATS, AS CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 25. 1999 Page 13 of21 TO WHAT IS IN A HOUSEHOLD, AND THlEN I BELIEVE WE WOULD HAVE TO WRITE ANOTHER ORDINANCE GETTING RID OF SECTION 4-2., THAT CALLS FOR MORE THAN TWO (2) DOGS, TWO (2) CATS AND TAKE THAT OUT OF OUR PRESENT ORDINANCE. AND, THAT WE WOULD THEN LEAVE SECTION 4-1. AS OUR GOVERNING, AND THAT'S THE MOTION". MOTION BY COMMISSIONER McLEOD. Mayor Partyka clarified that, "The Motion is to repeal 4-2.". SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE; COMMISSIONER MARTINEZ: AYE; COMMISSIONER BLAKE: AYE; COMMISSIONER MILLER: AYE; DEPUTY MAYOR GENNELL: AYE. MOTION CARRIED. Attorney Garganese said, "Is the intent of the City Commission just to repeal Section 4- 2.? This Ordinance is very simple to amend tonight, so you could have a First Reading, for purposes of efficiency". Attorney Garganese then said, "I would just suggest changing the title, and I could read it in very simply, and then go over what the changes to the Ordinance would have to be". A consensus of the Commission agreed to this, and that the Code Enforcement Department should "notify" the individuals who had attended the last meeting of the City Commission about the changes. Mayor Partyka then said, "Mr. Garganese, you are requested to go on First Reading". Attorney Garganese stated, "Very simply, third line in the title, which states amending - that will state repealing. And I'll read them "by title" - An Ordinance of the City Commission of the City of Winter Springs, Florida, repealing Section 4-2. dealing with the keeping of animals in residential areas, providing for conflicts, severability, and an effective date. The other amendments to this Ordinance are very simple - The three (3) Whereas clauses will be deleted. Section One, will be deleted, and insert the following language: Section 4-2., attached it to as Attachment "B", is hereby repealed in its entirety. Everything else stays the same". Mayor Partyka opened the "Public Input" portion of the meeting. No one spoke. Mayor Partyka closed the "Public Input" portion of the meeting. Mayor Partyka said, ''I'm looking for a Motion to move this on to Second Reading". MOTION TO APPROVE. SECONDED. DISCUSSION. COMMISSIONER BLAKE: AYE; DEPUTY MAYOR GENNELL: VOTE: AYE; CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 25. 1999 Page 14 of21 COMMISSIONER MILLER: NAY; COMMISSIONER McLEOD: COMMISSIONER MARTINEZ: AYE. MOTION CARRIED. AYE; Commissioner McLeod added, "I think that Code Enforcement also been asked to contact the residents of - and also to look into some other "pooper-scooper" law(s)". C. Community Development Department - Planning Division Requests The City Commission Approve The Second Reading And Adoption Of Ordinance 746, To Annex A 2.5 Acre Parcel. Attorney Garganese read Ordinance 746, by "title only". Mayor Partyka opened the "Public Input" portion of the meeting. No one spoke The Public Input portion of the Meeting was closed. "MOTION TO ADOPT". MOTION BY COMMISSIONER MARTINEZ. SECONDED. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER MARTINEZ: AYE; COMMISSIONER BLAKE: AYE; COMMISSIONER MILLER: AYE. MOTION CARRIED. D. Community Development Department - Planning Division Requests The City Commission Approve The Second Reading And Adoption Of Ordinance 744, To Annex A 4.5 Acre Parcel. Attorney Garganese read Ordinance 744, by "title only". Mayor Partyka opened the "Public Input" portion of the meeting. There was no public input. Mayor Partyka closed the Public Hearing. Mayor Partyka said, "I'm looking for a Motion to approve". "SO MOVED". MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE; COMMISSIONER McLEOD: AYE; COMMISSIONER MILLER: AYE; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER BLAKE: AYE. MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 25. 1999 Page 15 of21 E. Community Development Department - Planning Division Requests The City Commission Approve The Second Reading And Adoption Of Ordinance 745, To Annex A 9.07 Acre Parcel. Attorney Garganese read Ordinance 745, by "title only". Mayor Partyka opened the "Public Input" portion of the meeting. No one spoke. Mayor Partyka closed the Public Hearing. Mayor Partyka stated, "I'm looking for a Motion to approve". "MOTION TO ADOPT ORDINANCE 745". MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER MILLER: AYE; COMMISSIONER MARTINEZ: AYE; COMMISSIONER McLEOD: AYE. MOTION CARRIED. VI. REGULAR A. Parks And Recreation Department Requesting The City Commission To Consider Asking For Proposals From The Private Sector Regarding The Parks And Recreation Department's Concession Operation. Mr. Chuck Pula, Parks and Recreation Director for the City spoke on this Agenda Item. There was brief discussion about costs; current stock inventory; a difference of $6,000; assets and losses; controlling inventory; staffing; background checks; requiring background checks for those who may bid this contract; service and operations of concession stands; the desire of the Commission to not sacrifice any levels of service and quality; and the potential results from bid efforts. COMMISSIONER McLEOD STATED, "THAT LOOKS AT THIS THING FROM AN INVENTORY STANDPOINT AND LOOKS AT IT FROM - DO WE HAVE ROOM TO MOVE OUR MARGINS HERE TO OUR SISTER CITIES, AND HOW MUCH UNDER OUR SISTER CITIES ON PRODUCT - ON THE SELLING OF THAT PRODUCT. AND, I ALSO WILL GIVE YOU ONE MORE THING, IF ALL YOU SISTER CITIES WOULD GET TOGETHER AND MAKE MASS BUYING DEALS FROM YOUR VENDORS, YOU WILL PROBABLY GET YOUR COSTS DOWN, AS A WHOLE. THAT I WILL LEAVE WITH YOU. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 25, 1999 Page 16 of21 BUT, I WOULD LIKE TO SEE THAT COME BACK TO US". MOTION BY COMMISSIONER McLEOD. SECONDED. DISCUSSION. VOTE: DEPUTY MAYOR GENNELL: AYE; COMMISSIONER MARTINEZ: AYE; COMMISSIONER McLEOD: AYE; COMMISSIONER BLAKE: AYE; COMMISSIONER MILLER: AYE. MOTION CARRIED. B. Parks And Recreation Department Requesting That The City Commission Consider Additional Street Lighting In The Central Winds Park Pavilion Area That Is Not Budgeted And Would Require New Appropriation. Mr. Pula then spoke of this Agenda Item as a safety issue; identified related installation charges; and mentioned underground wiring; "I MOVE THAT WE APPROVE INSTALLING THE COMPLETE LIGHTING PACKAGE FOR CENTRAL WINDS PARK, INCLUDING ALL THREE (3) SECTIONS". MOTION BY DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER McLEOD: AYE; COMMISSIONER MARTINEZ: AYE; COMMISSIONER MILLER: AYE. MOTION CARRIED. "MOTION TO EXTEND MEETING". MOTION TO EXTEND THE MEETING FOR ONE HOUR BY COMMISSIONER MARTINEZ. SECONDED. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE; COMMISSIONER BLAKE: AYE; COMMISSIONER MILLER: AYE; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER McLEOD: NAY. MOTION CARRIED. C. City Manager Requests Consideration Of The Attached Sample Resonution Designating Certain Policies And Procedures For The Orderly Conduct Of City Commission Meetings. There was brief discussion about postponing this Agenda Item for one (1) meeting. Members of the Commission also asked to include the following in the Resolution: recognizing "Request for Public Input" forms; and keeping the "Public Input" portion of meetings closed, once that has been done. "I'LL MOVE TO DEFER THIS ITEM 'c' UNTIL THE NEXT MEETING". MOTION BY DEPUTY MAYOR GENNELL SECONDED. DISCUSSION. VOTE: DEPUTY MAYOR GENNELL: AYE; COMMISSIONER MILLER: AYE; COMMISSIONER McLEOD: AYE; COMMISSIONER MARTINEZ: AYE; COMMISSIONER BLAKE: AYE. MOTJION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 25, 1999 Page 17 of21 D. Commissioner Michael S. Blake In His Capacity As Vice Chairman Of The Florida League Of Cities Municipal Finance And Tax Committee Requests The Commission To Approve Resolution No. 900 Requesting The Legislature To Reform The State Municipal Revenue Sharing Program And To Authorize The City Manager To Forward Copies Of The Resolution To The Legislative Delegation. Commissioner Michael S. Blake briefly spoke about funding sources, and the potential impact on the City of Winter Springs. "I'LL MAKE A MOTION THAT WE PASS RESOLUTION NUMBER 900". MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISISONER BLAKE. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE; COMMISSIONER McLEOD: AYE; COMMISSIONER MILLER: AYE; COMMISSIONER MARTINEZ: AYE; DEPUTY MAYOR GENNELL: AYE. MOTION CARRIED. VII. REPORTS A. City Commission 1) Appointment to the Code Enforcement Board - to replace Jacqueline Adams who has resigned. Board Member Jacqueline Adams' term of office was to expire in July of2001. This Item was postponed. B. City Attorney - Anthony A. Garganese, Esquire No Report. Tape 3/Side A C. City Manager - Ronald W. McLemore Manager McLemore stated that he had received Harry Martin's resignation, "As he intends to retire in January". D. City Clerk - Andrea Lorenzo-Luaces The City Clerk asked how the Commission felt about "Press Releases". Discussion. The consensus of the Commission was that all press releases will be approved by the City Manager. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 25, 1999 Page I 8 of 21 In addition, the City Clerk presented a Birthday Cake to Commissioner Miller on behalf of the City Manager and the Commission. E. Commission Seat IV - Cindy Gennell Deputy Mayor Gennell asked about adding another staff member to the Code Enforcement Department. Discussion. The consensus of the Commission was that the City Manager should bring this matter back for consideration. Deputy Mayor Gennell asked if "Annexations" should be brought through the Planning and Zoning Board. Discussion followed regarding previous actions of the Planing and Zoning Board, and related rulings regarding annexations. Deputy Mayor Gennell suggested that a joint meeting of the Planning and Zoning Board and the Commission be held next year. Mayor Partyka then said, "I will bring that up at the next regularly scheduled - and see if everybody is in agreement with that". 1) Appointment to the Board of Adjustment - to replace Frank Adams who has resigned. Board Member Frank Adams' term of office was to expire in July of2000. Deputy Mayor Gennell nominated Ms. Sally McGinnis, (who is currently on the Beautification of Winter Springs Board), to the Board of Adjustment. Deputy Mayor Gennell added that Ms. McGinnis will resign from that Board if she is appointed to the Board of Adjustment. "I AM NOMINATING SALL Y McGINNIS TO FILL THE VACANCY PRESENTED BY FRANK ADAMS ON THE BOARD OF ADJUSTMENT. MOTION BY DEPUTY MAYOR GENNELL. SECONDED. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE; COMMISSIONER MARTINEZ: AYE; COMMISSIONER BLAKE: AYE; COMMISSIONER MILLER: AYE; DEPUTY MAYOR GENNELL: AYE. MOTION CARRIED. F. Commission Seat V - David W. McLeod Commissioner McLeod spoke on the ruling that has been received from the Supreme Court regarding the ruling in favor of the City Commission was found to be correct. G. Commission Seat I - Robert S. Miller Commissioner Miller mentioned the Mayor's comments regarding the outcome of the lawsuit, concerning the Mayor vs. the Commission lawsuit. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 25,1999 Page]90f2! H. Commission Seat II - Michael S. Blake Commissioner Blake spoke about the Police Explorers and having additional monies appropriated "to run on par" with other communities. Commissioner Blake suggested such expenditures might just be a few thousand dollars for such items as uniforms, vests, radios, etc. Manager McLemore stated, "Let's work up the numbers and see what it looks like, and then I can tell you". Commissioner Blake responded by saying, "I'd appreciate that if you would bring that back". Commissioner Blake asked about the Water Rate Study, and where does the City stand? He also inquired if the City was doing any work on the unincorporated area's rate surcharge. Discussion. Commissioner Blake spoke on the compensation of the newly appointed City Clerk, Andrea Lorenzo-Luaces. Discussion. The Commission agreed that the City Manager should review her compensation package. Commissioner Blake then asked about a meeting between Mr. Tim Johnson and Attorney Garganese regarding a petition. Discussion. "MAYOR, I MAKE A MOTION TO EXTEND THE MEETING TEN MINUTES". MOTION DIED FOR LACK OF A SECOND. "I'LL MAKE THE MOTION TO EXTEND A HALF HOUR". MOTION BY COMMISSIONER McLEOD. SECONDED. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE; COMMISSIONER MARTINEZ: AYE; COMMISSIONER BLAKE: AYE; COMMISSIONER MILLER: NAY; DEPUTY MAYOR GENNELL: AYE. MOTION CARRIED. I. Commission Seat III - Edward Martinez, Jr. Commissioner Martinez discussed the Court's decision regarding the Mayor not being able to "unilaterally" fire the City Attorney and the City Clerk. Commissioner Martinez advised the Commission of an article in the weekend newspaper regarding Election Candidate Melissa Zilka being assisted by resident Harold Scott. Commissioner Martinez spoke about "obstructionists" trying to "de-rail" the Tuscawilla Beautification project. Tape 3/Side B Commissioner Martinez then discussed a letter from Holly Benjamin regarding Tuscawilla. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 25, 1999 Page 20 of2I The City Clerk was asked to make sure that the Commission discusses the status of "Workshops", at the next meeting. J. Office of the Mayor - Paul P. Partyka Mayor Partyka spoke about being able to voicing one's opinion, as "This is democracy". Mayor Partyka asked about the status of the "Charter Review Commission". Manager McLemore said that he would prepare a written response, by next week. Mayor Partyka asked about the City developing an annexation presentation, for the next Commission meeting. Mayor Partyka asked about the planned City's Website or at least having a link. There was brief discussion on the related timeline. Mayor Partyka asked when the lights on the dais would work. Mayor Partyka asked about a contract for the new City Attorney. Attorney Garganese said he would have it for the next meeting. Mayor Partyka asked when Mr. Joshi would move his office out of City Hall. Manager McLemore responded that Mr. Joshi said that he will be out of City Hall prior to November I. Mayor Partyka commented on the City of Oviedo and this Commission getting together. Commissioner Martinez also spoke of the City working with the County on a Joint Planning Agreement, and when the three (3) parties could get together. "MOTION TO ADJOURN". MOTION BY COMMISSIONER MARTINEZ. SECONDED. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE; COMMISSIONER BLAKE: AYE; COMMJISSIONER MARTINEZ: AYE; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER McLEOD: AYE. MOTION CARRIED. VIII. ADJOURNMENT Mayor Partyka adjourned the meeting at 12:11 A.M. Respectfully Submitted By: Andrea Lorenzo-Luaces City Clerk ,\ " " '. ./ NOTE: These minutes were approved at the November 8, 1999 City Commission Meeting, CITY OF WINTER SPRINGS MfNUTES CITY COMMISSION REGULAR MEETING - OCTOBER 25, 1999 Page 21 of2I