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HomeMy WebLinkAbout_1999 11 22 City Commission Regular Minutes CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 22, 1999 Page 2 of 19 Al Partington, 1456 Mount Laurel Drive, Winter Springs, Florida: presented written comments pertaining to the Second Settlement Agreement from Donna McIntosh regarding Parcel 7 and Parcel 8 of the Tuscawilla County Club. Mr. Partington also spoke of the zoning classification and "Public Hearings" pertaining to Parcel 7 and Parcel 8. Commissioner Edward Martinez, Jr. asked if City Attorney Anthony Garganese would research if it is true that "The City has no right to alter a designated PUD, without approval from DCA, once it's designated as a PUD". Commissioner Robert S. Miller asked Attorney Garganese to review a (Settlement) type of document with a 1996 or 1997 date, "Which actually said, what would be - what could be built on those parcels". Commissioner Miller then said, "I'd like for Mr. Garganese to review the '97 document, to find out what it says about development, in that area". Mayor Partyka mentioned that Staff should look into providing more information to the Commission. Rolf Utegaard, 797 Austin Court, Winter Springs, Florida: spoke of a town hall meeting that had been held at the Tuscawilla Country Club and that the planned homes to be built are just a "Tradeoff of trees and greenspace for more housing". Gene Lein, 1173 Winged Foot Circle, Winter Springs, Florida: commented on the City's audio system. Mr. Lein then spoke on the planned policies to improve Commission meetings, and he read a letter that he said was a "Public document that was sent to one of the Commissioners from myself'. Mr. Lein clarified that the letter dealt with action(s) of Commissioner Edward Martinez, Jr., and it was "Sent to the State Attorney's Office, to the Mayor of the City of Winter Springs, and all the Commission - that's why it's a public document". Mayor Partyka commented briefly about maintaining decorum "across the board". Ned (and Thelma) Voska, 1466 Whitehall Boulevard, Winter Springs, Florida: said that he had been cited for the third time regarding a trailer sign. He spoke of the Sign Ordinance provisions on a property that he owns; and handed a map to Mayor Partyka. Manager McLemore said that he would look into this matter. Ms. Jimette Cook, Code Enforcement Officer briefly spoke of this in terms of a current Code Enforcement action. Commissioner Martinez suggested that Staff properly inform the public of such changes. Discussion ensued regarding newsletter coverage of related changes; and that the public should be informed regarding signage. Mayor Partyka added that he would personally check on this matter regarding Mr. Voska's situation. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING NOVEMBER 22, 1999 I. CALL TO ORDER The Regular Meeting of November 22, 1999 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 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 6:34 p.m. City Attorney Anthony Garganese, present A moment of silence was followed by the Pledge of Allegiance. City Manager Ronald W McLemore arrived at 6:34 p.m. PRESENTATIONS Mayor Partyka presented a plaque to Mr. Chuck Pula, Parks and Recreation Department Director, for his department's successful entry in the Winter Springs Holiday Parade, which was held yesterday. Mayor Partyka then commended the many individuals associated with the Winter Springs Civic Association, who worked so hard to put this extravaganza together. II. PUBLIC INPUT Juanita Blumberg, J J 30 East State Road 434, Winter Springs, Florida: asked for the Commission's help regarding the Public Address system at nearby Winter Springs High School, especially during football season, and asked if the City could contact the Seminole County School Board regarding this. City Manager Ronald W. McLemore was asked to check on this. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 22, 1999 Page 3 of 19 Duncan Bowman, 2804 South Second Street, Jacksonville Beach, Florida: asked if the Commission would think about changing their consideration of his property; requested R-IA zoning; and asked that this be placed on the next Agenda (December 13, 1999). Discussion ensued regarding a Second Reading, and whether this land use should be re- considered. Albert Murro, 632 Choey Lee Circle, Winter Springs, Florida: spoke on behalf of the Oak Forest Homeowners Association, and asked that the Ordinance regarding garage sale signs be reviewed. Mr. Murro also asked about the traffic signal at Trotwood Boulevard and Tuskawilla Road. Manager McLemore was asked about numerous traffic signals throughout the City and if the locations could be reviewed at several severely congested points throughout the City. Manager McLemore then suggested that such concerns be forwarded to the County Safety Committee. Commissioner Miller asked if the Police Department could look into this matter, and Commissioner David W. McLeod suggested that a Police Officer assist by directing traffic. Chief of Police Daniel J. Kerr commented on his department trying to handle the many problem sites within the City. Commissioner McLeod said that the City should aggressively try to get the attention of the State, and the County; and that the City lobby the Department of Transportation, and other agencies. Deputy Mayor Cindy Gennell asked that Manager McLemore bring this back as a report, at the next meeting. Dan Dyche, 846 Bentley Green Circle, Winter Springs, Florida: spoke about attending a Planning and Zoning Board meeting which dealt with the Tuscawilla parcels issue. Tape IISide B Mr. Dyche also asked about the presentation that Staff gave at the Planning and Zoning Board Meeting; and he asked to be notified of future meetings involving this issue. Harold Scott, 911 Augusta National Boulevard, Winter Springs, Florida: mentioned the telecommunications package Agenda Item and what is involved with the proposed tax. Mr. Scott spoke of the findings related to this Agenda Item, and he presented a copy of a related e-mail to the City Clerk. Joe DeMinico, 985 Troon Trace, Winter Springs, Florida: spoke of "perceptions", and asked that any decisions pertaining to issues dealing with Parcel 7 and Parcel 8 in Tuscawilla be delayed. A recess was called by Mayor Partyka at 7:52 P.M. Mayor Partyka called the meeting back to order at 8:06 PM CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 22, 1999 Page 4 of 19 Mayor Partyka stated that the matter regarding the Duncan Bowman issue may be reconsidered, and that "A motion has to be made by the prevailing party to reconsider". Discussion. "MAYOR, I WOULD LIKE TO MAKE A MOTION THAT WE RECONSIDER AND PUT IN ON THE AGENDA FOR DECEMBER 13TH AND ADVERTISE AS SUCH". MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER MARTINEZ. COMMISSIONER McLEOD ADDED, "AND YOU PUT IT ON THE AGENDA AS R-IA". COMMISSIONER MARTINEZ WITHDREW HIS SECOND. SECONDED BY COMMISSIONER MILLER. DISCUSSION ENSUED ON THE ZONING CLASSIFICATION; ADVERTISING CRITERIA; AND THE MOTION ON THE FLOOR. VOTE: COMMISSIONER MILLER: AYE; COMMISSIONER McLEOD: AYE; COMMISSIONER MARTINEZ: AYE; COMMISSIONER BLAKE: NAY; DEPUTY MAYOR GENNELL: AYE. MOTION CARRIED. III. CONSENT A. Office Of The Mayor Resolution Number 905, A Resolution Of The City Of Winter Springs, Florida, Expressing Appreciation To Sally McGinnis For Her Service On The Beautification Of Winter Springs Board. B. Public Works Department Requesting Authorization To Enter Into A Contract Agreement For Landscape Maintenance Services For Facilities. C. Office Of The Mayor Resolution Number 906, A Resolution Of The City Of Winter Springs, Florida, Expressing Appreciation To David McLeod For His Service On The Planning And Zoning Board. D. Office Of The Mayor Resolution Number 907, A Resolution Of The City Of Winter Springs, Florida, Expressing Appreciation To Cindy Gennell For Her Service On The Beautification Of Winter Springs Board. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 22, ] 999 Page 5 of 19 E. City Clerk's Office Approval Of The Minutes Of The Regular Meeting Of November 8,1999. F. Community Development Department - Code Enforcement Division Requests The City Commission Authorize The City Manager To Execute A Satisfaction Of Lien In The Amount Of $326.50. G. City Manager Requesting The City Commission To Adopt Resolution Number 904 Authorizing The Holiday Schedule For The Calendar Year 2000. "MOTION TO APPROVE" (CONSENT AGENDA EXCLUDING CONSENT AGENDA ITEM "H") BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE; COMMISSIONER MARTINEZ: AYE; COMMISSIONER MILLER: AYE; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER McLEOD: AYE. MOTION CARRIED. Mayor Partyka read Resolution Number 905, (A Resolution Of The City Of Winter Springs, Florida, Expressing Appreciation To Sally McGinnis For Her Service On The Beautification Of Winter Springs Board). Mayor Partyka then read the title of Resolution Number 906, A Resolution Of The City Of Winter Springs, Florida, Expressing Appreciation To David McLeod For His Service On The Planning And Zoning Board. Mayor Partyka then read the title of Resolution Number 907, A Resolution Of The City Of Winter Springs, Florida, Expressing Appreciation To Cindy Gennell For Her Service On The Beautification Of Winter Springs Board. H. City Manager Requesting The Commission To Consider Appropriating $30,000 To Employ The Services Of A Marketing Public Relations Firm To Prepare An Informational Package For Annexation Purposes, And An Engineering Firm To Evaluate The Cost Of Providing Services To Annexation Areas. Discussion ensued on annexation efforts; whether the City had issued any "RFP's"; marketing packages; and what areas may be of interest for possible annexation efforts. Manager McLemore added that he would need to commence with an Engineering Analysis. Commissioner Miller asked Manager McLemore to provide the Commission with further information on this issue, as it progresses. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 22, 1999 Page 6 of 19 Discussion followed regarding which areas and direction might be considered for possible annexation; planned expenditures for this marketing package; and services to be provided. "I'LL MAKE A MOTION TO APPROVE ITEM 'H' ON THE CONSENT AGENDA". MOTION BY COMMISSIONER MARTINEZ. SECONDED. Tape 2/Side A DEPUTY MAYOR GENNELL SAID, "I'D LIKE TO AMEND THE MOTION TO INCLUDE ADDITIONAL FUNDING, TO EXPLORE THE PREVIOUSLY UNCONSIDERED DIRECTIONS - EAST AND NORTH. IF EACH ONE CONSTITUTES A TEN THOUSAND DOLLAR ($10,000) ADDITIONAL EXPENSE, THEN THAT'S TWENTY THOUSAND DOLLARS ($20,000) MORE". SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE (ON THE AMENDMENT): DEPUTY MAYOR GENNELL: AYE; COMMISSIONER MILLER: AYE; COMMISSIONER BLAKE: NAY; COMMISSIONER McLEOD: AYE; COMMISSIONER MARTINEZ: AYE. MOTION CARRIED. VOTE (ON THE MAIN MOTION): COMMISSIONER McLEOD: AYE; COMMISSIONER MARTINEZ: AYE; COMMISSIONER BLAKE: NAY; COMMISSIONER MILLER: AYE; DEPUTY MAYOR GENNELL: AYE. MOTION CARRIED. IV. INFORMATIONAL A. Parks And Recreation Department Wishes To Inform The Commission That It Plans To Conduct Its Winter, Spring And Fall Recreation Programs And Classes At The Sunshine Park Civic Center And Trotwood Park. "MOTION TO APPROVE ITEM 'A' - INFORMATIONAL". MOTION BY COMMISSIONER MARTINEZ. SECONDED. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE; COMMISSIONER McLEOD: AYE; COMMISSIONER BLAKE: AYE; COMMISSIONER MILLER: AYE; DEPUTY MAYOR GENNELL: AYE. MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 22, 1999 Page 7 of 19 V. PUBLIC HEARINGS A. Community Development Department - Code Enforcement Division Requests The City Commission Hold A Public Hearing For The Second Reading Of Ordinance #748 Establishing A Moratorium Prohibiting The Installation Of New Billboards. Attorney Garganese read Ordinance 748 by "title only". "MAYOR, I WOULD LIKE TO SUGGEST THAT WE AMEND THIS ORDINANCE TO READ THROUGH JUNE 30, 2000, AND THAT WE FURTHER MOVE THIS FORWARD TO A THIRD READING, ON DECEMBER 13TH, FOR ADOPTION". MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSJION. VOTE: COMMISSIONER BLAKE: AYE; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER MILLER: AYE; COMMISSIONER McLEOD: AYE; COMMISSIONER MARTINEZ: AYE. MOTION CARRIED. Mayor Partyka opened the Public Input portion for this Agenda Item. There were no comments. The Mayor closed the Public Input portion of this Agenda Item. "I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE ORDINANCE NUMBER 748, AND TO AMEND IT - THE SECTIONS OF 20-454. (f), 20-466. (f), AND 16.77 OF THE CITY CODE, AND THIS MOTION WOULD BE THROUGH JUNE, ON THE BILLBOARDS TO JUNE 30TH, OF 2000". MOTION BY COMMISSIONER McLEOD. SECONDED. COMMISSIONER BLAKE ASKED COMMISSIONER McLEOD, "DID THAT MOTION ALSO INCLUDE FORWARDING THIS TO A THIRD READING ON DECEMBER 13TH"? COMMISSIONER McLEOD RESPONDED, "I BELIEVE THAT WAS IN YOUR ORIGINAL MOTION - I CAN ALSO MAKE IT PART OF THIS ONE". DISCUSSION. VOTE: COMMISSIONER MILLER: AYE; COMMISSIONER BLAKE: AYE; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER McLEOD: AYE; COMMISSIONER MARTINEZ: AYE. MOTION CARRIED. B. Community Development Department - Code Enforcement Division Requests The City Commission Hold A Public Hearing For The Second Reading Of Ordinance #750 That Amends The City Code That Deals With The Keeping Of Animals In Residential Areas. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 22, 1999 Page 8 of 19 Attorney Garganese read Ordinance 750 by "title only". Mayor Partyka opened the Public Input portion for this Agenda Item. Sally Callahan, 41 South Edgemon Avenue, Winter Springs, Florida: thanked the Commission for "Deleting the number of animals as long as the other codes are adhered to". The Mayor closed the Public Input portion of this Agenda Item. There were comments on designating a permitted number of animals, and related problems. "MOTION TO APPROVE ORDINANCE 750" BY COMMISSIONER BLAKE. SECONDED. DISCUSSION. VOTE: DEPUTY MAYOR GENNELL: AYE; COMMISSIONER MARTINEZ: AYE; COMMISSIONER BLAKE: AYE; COMMISSIONER MILLER: NAY; COMMISSIONER McLEOD: AYE. MOTION CARRIED. C. Community Development Department - Code Enforcement Division Requests The City Commission Hold A Public Hearing For The Second Reading Of Ordinance #747 To Amend The City Code That Deals With Commercial Vehicle Parking In Residential Areas And Extend The Deadline To Obtain Limited Term Parking Permits From August 31,1999 To December 31,1999. Attorney Garganese read Ordinance 747 by "title only". Mayor Partyka opened the Public Input portion for this Agenda Item. There was no input. The Mayor closed the Public Input portion of this Agenda Item. "I MAKE A MOTION TO APPROVE ITEM 'C"'. MOTION BY COMMISSIONER MARTINEZ. SECONDED. DISCUSSION. VOTE: DEPUTY MAYOR GENNELL: AYE; COMMISSIONER MARTINEZ: AYE; COMMISSIONER BLAKE: AYE; COMMISSIONER MILLER: AYE; COMMISSIONER McLEOD: AYE. MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 22, 1999 Page 9 of 19 D. Community Development Department - Code Enforcement Division Requests The City Commission Hold A Public Hearing For The First Reading Of Ordinance No. 753 To Amend The City Code That Deals With Trailer Signs Along The State Road 434 Corridor. Discussion included comments from the Commission on the City trying to "jumpstart" businesses along 434; and trailer signs. Commissioner Martinez stated, "For the Record, that those were the recommendations in the Workshop, and I agree with Commissioner Blake and that's exactly what we should do with Item 'D"'. "MAYOR, I'M GOING TO MAKE THE MOTION NOT TO READ BY TITLE ONLY, BUT TO DIRECT STAFF TO GO BACK TO THE DRAWING TABLE AND BRING BACK TO US, AT LEAST TWO DIFFERENT ALTERNATIVES AT OUR NEXT MEETING, TO TRAILER SIGNS, TO TAKE CARE OF THIS PROBLEM, AS WE'VE DISCUSSED". MOTION BY COMMISSIONER BLAKE. SECONDED. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE; COMMISSIONER BLAKE: AYE; COMMISSIONER MILLER: AYE; COMMISSIONER MARTINEZ: AYE; DEPUTY MAYOR GENNELL: AYE. MOTION CARRIED. E. Community Development Department - Code Enforcement Division Requests The City Commission Hold A Public Hearing For The First Reading Of Ordinance No. 754 To Amend The City Code That Deals With Storage Of Commercial VehicJes In Residential Areas. The Commission briefly discussed a possible deficiency with this Ordinance, and then tabled this Agenda Item. .:..:. AGENDA NOTE: THE COMMISSION TABLED THIS AGENDA ITEM UNTIL LATER THIS EVENING. .:..:. F. Community Development Department - Code Enforcement Division Requests The City Commission Hold A Public Hearing For The First Reading Of Ordinance 755 To Amend The City Code That Deals With Garage Sale Signs. Members of the Commission and Ms. Cook discussed actual locations of signs; off- permit types of signs; and suggested possible solutions. Commissioner Martinez asked if Attorney Garganese would research a 1954 (or 1994) Supreme Court decision regarding "yard signs", and to then advise the Commission. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 22, 1999 Page 10 of 19 The Commission then discussed signage on private property; criteria related to this Ordinance; tabling this Agenda Item; and when signs should be removed. "I WOULD LIKE TO MAKE A MOTION THAT WE TABLE THIS UNTIL THE NEXT COMMISSION MEETING. WE BRING IT UP IN THE WORKSHOP BEFORE THE MEETING, AND WE CAN FINE TUNE IT AT THAT POINT". MOTION BY COMMISSIONER MILLER. COMMISSIONER BLAKE SAID, "TO POSTPONE" AND SECONDED THE MOTION. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE; COMMISSIONER BLAKE: AYE; COMMISSIONER McLEOD: NAY; COMMISSIONER MARTINEZ: NAY; DEPUTY MAYOR GENNELL: NAY. MOTION DID NOT CARRY. "I WOULD LIKE TO AMEND THE ORDINANCE IN SECTION ONE - TO ST ATE THAT THE GARAGE SALE SIGNS ARE PERMITTED ON THE DAY OF THE SALE, AND THAT GARAGE SALE SIGNS ARE ALLOWED ON PRIVATE PROPERTY OTHER THAN THE SITE OF THE SALE, PROVIDED THAT SUCH SIGN SHALL NOT EXCEED SIX SQUARE FEET IN AREA AND PROVIDE THAT THEY HAVE THE PERMISSION OF THE PROPERTY OWNER AND THAT ALL SIGNS SHALL BE REMOVED AT THE END OF THE SALE". MOTION BY COMMISSIONER McLEOD. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE; COMMISSIONER MARTINEZ: AYE; COMMISSIONER BLAKE: NAY; COMMISSIONER MILLER: NAY; DEPUTY MAYOR GENNELL: AYE. MOTION CARRIED. Mayor Partyka called a recess at 9:35 P.M The meeting was called back to order by Mayor Partyka at 9:52 P.M Mayor Partyka said, I need a Motion to read by "title only". "SO MOVED". MOTION BY COMMISSIONER MARTINEZ TO READ THE ORDINANCE BY 'TITLE ONLY"'. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER MARTINEZ: AYE; COMMISSIONER MILLER: AYE; COMMISSIONER BLAKE: NAY. MOTION DID NOT CARRY. Attorney Garganese read Ordinance 755 in its' entirety. Mayor Partyka opened the Public Input portion for this Agenda Item. Gene Lein, 1173 Winged Foot Circle, Winter Springs, Florida: asked that the Commission consider the different kinds of signs that could potentially be posted. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 22, 1999 Page 11 of 19 The Mayor closed the Public Input portion of this Agenda Item. "MOTION TO MOVE THIS TO SECOND READING". MOTION BY COMMISSIONER MARTINEZ. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER BLAKE: NAY; COMMISSIONER MARTINEZ: AYE; COMMISSIONER MILLER: NAY. MOTION CARRIED. .:. .:. AGENDA NOTE: THE COMMISSION BEGAN DISCUSSION ON THE FOLLOWING AGENDA ITEM, WHICH HAD BEEN TABLED EARLIER IN THE MEETING. .:..:. E. Community Development Department - Code Enforcement Division Requests The City Commission Hold A Public Hearing For The First Reading Of Ordinance No. 754 To Amend The City Code That Deals With Storage Of Commercial VehicJes In Residential Areas. Mayor Partyka said, I need a Motion to read by "title only". MOTION AND SECOND TO READ THE ORDINANCE BY "TITLE ONLY". DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE; COMMISSIONER MILLER: NAY; COMMISSIONER McLEOD: AYE; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER BLAKE: NAY. MOTION DID NOT CARRY. Attorney Garganese read Ordinance Number 754 in its' entirety". Mayor Partyka opened the Public Input portion for this Agenda Item. There were no comments. The Mayor closed the Public Input portion of this Agenda Item. "I'LL MOVE TO MOVE FORWARD WITH THE SECOND READING". MOTION BY DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION ENSUED REGARDING HOME OWNER'S ASSOCIATIONS; AND COMMUNITIES. Tape 2/Side B "I'D LIKE TO MAKE AN AMENDMENT TO THE MOTION HERE, TO FURTHER DEFINE THE HOMEOWNER ASSOCIATION, AND THAT WOULD BE THAT A HOMEOWNER ASSOCIATION AS DEFINED IN THE FLORIDA STATUTES BE INSERTED". MOTION BY COMMISSIONER McLEOD. SECONDED BY DEPUTY MAYOR GENNELL. VOTE (ON THE CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 22, 1999 Page 12 of 19 AMENDMENT): COMMISSIONER MILLER: NAY; COMMISSIONER BLAKE: AYE; COMMISSIONER McLEOD: AYE; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER MARTINEZ: AYE. MOTION CARRIED. VOTE (TO CALL THE QUESTION): COMMISSIONER MARTINEZ: AYE; DEPUTY MAYOR GENNELL: AYE; COMMISSJIONER McLEOD: AYE; COMMISSIONER BLAKE: AYE; COMMISSIONER MILLER: AYE. MOTION CARRIED. VOTE (ON THE MOTION): COMMISSIONER BLAKE: AYE; COMMISSIONER McLEOD: AYE; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER MILLER: NAY; COMMISSIONER MARTINEZ: AYE. MOTION CARRIED. G. Community Development Department - Building Division Requests The City Commission Hold A First Reading Of Ordinance 752 Amending Section 6-101. Of The Code Of Ordinances, City Of Winter Springs, Florida To Comply With The Amended State Of Florida Minimum Building Codes. Mayor Partyka asked if there was any discussion "Before we ask for a Motion to read by 'title only"'. MOTION AND SECOND TO READ BY "TITLE ONLY". DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER BLAKE: AYE; COMMISSIONER MARTINEZ: AYE; COMMISSIONER MILLER: AYE. MOTION CARRIED. Attorney Garganese read Ordinance 752 by "title only". Mr. Charles C. Carrington, AICP, Community Development Director advised the Commission that "The State of Florida adopted the 1999 Edition of the National Electric Code". Brief discussion. Mayor Partyka opened the Public Input portion for this Agenda Item. No one spoke. The Mayor closed the Public Input portion of this Agenda Item. MOTION TO "MOVE THIS ON TO SECOND READING". MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE; COMMISSIONER MILLER: AYE; COMMISSIONER McLEOD: AYE; COMMISSIONER MARTINEZ: AYE; DEPUTY MAYOR GENNELL: AYE. MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 22, 1999 Page 13 of 19 H. City Manager Presents To The Commission, For Their Action, The Second Reading Of Proposed Ordinance No. 751 Which Addresses The Public Service Tax. Attorney Garganese read Ordinance Number 751 by "title only". Mayor Partyka opened the Public Input portion for this Agenda Item. No comments were made. The Mayor closed the Public Input portion of this Agenda Item. Discussion ensued on the "accurate" statements that were made by a resident earlier in the meeting; the merits of this tax; reducing taxes; and timelines in relation to the passage of this issue. "I WILL MAKE A MOTION TO ADOPT 751 AS AMENDED". MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE (TO CALL THE QUESTION): COMMISSIONER MARTINEZ: AYE; COMMISSIONER McLEOD: AYE; COMMISSIONER MILLER: AYE; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER BLAKE: AYE. MOTION CARRIED. VOTE (ON THE MOTION WHICH "INCLUDES OPTION THREE"): COMMISSIONER MILLER: NAY; COMMISSIONER MARTINEZ: AYE; COMMISSIONER McLEOD: AYE; COMMISSIONER BLAKE: AYE; DEPUTY MAYOR GENNELL: AYE. MOTION CARRIED. VI. REGULAR A. Community Development Department - Land Development Division Presents To The Commission, For Their Action, The Recommendation Of The Board Of Adjustment As It Relates To A Variance Request By Pressman & Associates (Eckerd Drugstore) To Section 454(dl)(4) And (6) Of The State Road 434 Corridor Vision Plan, New Development Area To Allow Building Mounted Signage To Be Located Higher Than 14', To Exceed 16 Square Feet In Copy Area, And For The Letters To Exceed 2' In Height. Additionally, A Variance To Section 20- 457(12) To Allow A Drive-Thru Pick Up Window To Face State Road 434 Is Also Requested. These Variances Are For The Proposed Eckerd Drugstore To Be Built At 780 East State Road 434 (Northwest Corner Of The JIntersection Of State Road 434/419). Mr. Don LeBlanc, Land Development Coordinator introduced this item CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 22, 1999 Page 14 of 19 Lee Maher, Unicorp National Development, Inc., 5301 Conroy Road, Suite 180, Orlando, Florida: introduced Mr. Todd Pressman. Todd Pressman of Pressman & Associates, Inc., 28870 US Highway 19 North, Suite 300, Clearwater, Florida: spoke of the proposed site and related issues such as signage and enhanced landscaping. Members of the Commission addressed such issues as signage; two (2) roadways; the corner site; criteria for variances; issues as they pertain to the State Road 434 Corridor; planned enhanced landscaping; building identification; the planned drive-thru; and retention areas. MOTION TO EXTEND FOR ONE HOUR BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: DEPUTY MAYOR GENNELL: AYE; COMMISSIONER MILLER: AYE; COMMISSIONER MARTINEZ: AYE; COMMISSIONER BLAKE: AYE; COMMISSIONER McLEOD: NAY. MOTION CARRIED. Further discussion ensued on issues of signage, adding a wall with a name designation; water (fountain) features; maintaining the area; decorative concepts; height of the proposed signage; signage elements; and the location of the proposed signage. Tape 3/Side A Discussion then ensued regarding the status of this as a variance - as opposed to a final engineering plan; a development agreement; factors and stipulations relating to the requested variance; good faith efforts; signage; and concessions. "I WOULD LIKE TO MAKE A MOTION THAT THAT BE PART OF THE MOTION, THAT WE DO ACCEPT THE VARIANCE AS OUTLINED HERE FOR THE CONCESSIONS ON THIS CORNER, AND TO TAKE THE LANDSCAPING ISSUES UP IN A DEVELOPER'S AGREEMENT, AND THAT TO BE THE REASONING TO BE ABLE TO HAVE THE ELEVATED SIGNAGE FOR THIS PARTICULAR BUILDING". MOTION BY COMMISSIONER McLEOD. COMMISSIONER MARTINEZ INQUIRED, "ARE YOU INCLUDING IN THAT MOTION, THAT THE SIGNAGE IN FRONT OF THAT WALL IS TO BE DISCUSSED WITH STAFF AND THE MANAGER, AND COME BACK TO US, WHEN FINAL ENGINEERING WITH SOMETHING THAT THEY LIKE"? COMMISSIONER McLEOD REPLIED, "YES, THAT WAS PART OF THE DEVELOPER'S AGREEMENT". SECONDED BY COMMISSIONER MARTINEZ. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 22, 1999 Page 15 of 19 Attorney Garganese clarified that "The effective date of any variance is contingent upon the City Commission approving a Development Agreement". "I WOULD LIKE TO AMEND THE MOTION TO CALL FOR AN ILLUMINATED WATER FEATURE AT THE FRONT CORNER THERE". MOTION BY DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER MILLER. The was further discussion regarding the maintenance of any proposed water features; and developer's agreement. VOTE (ON THE AMENDMENT): COMMISSIONER BLAKE: NAY; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER MILLER: AYE; COMMISSIONER MARTINEZ: NAY; COMMISSIONER McLEOD: NAY. MOTION DID NOT CARRY. DEPUTY MAYOR GENNELL THEN SAID, "I HAVE ANOTHER AMENDMENT TO MAKE TO THE MOTION, AND THAT IS THAT THE CITY MANAGER BRINGS US BACK A CHOICE OF BOTH OPTIONS, AS HE SUGGESTED EARLIER - THE WALL OR THE FOUNTAIN". SECONDED BY COMMISSIONER MILLER. Mayor Partyka stated that the Motion is out of order. Discussion ensued whether this Motion was in order. Mayor Partyka asked the Commission if they felt that this Motion was in order. The consensus of the Commission was that the Motion was "In order". Mayor Partyka said, "We will take the Motion the way it was given, on the Amendment". It was suggested that Manager McLemore provide information related to the costs involved with water features. "TIME HAS EXPIRED - MOTION TO ADJOURN". MOTION BY COMMISSIONER MARTINEZ. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. VOTE: COMMISSIONER MILLER: NAY; COMMISSIONER MARTINEZ: AYE; COMMISSIONER MclLEOD: NAY; COMMISSIONER BLAKE: NAY; DEPUTY MAYOR GENNELL: AYE. MOTION DID NOT CARRY Mayor Partyka said, "We need a Motion to extend now". "I MAKE A MOTION TO EXTEND ONE HOUR". MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE; COMMISSIONER CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 22, 1999 Page 16 of 19 MILLER: AYE; DEPUTY MAYOR GENNELL: NAY; COMMISSIONER MARTINEZ: NAY; COMMISSIONER McLEOD: AYE. MOTION DID NOT CARRY. Mayor Partyka said, "Call the vote for the question". DEPUTY MAYOR GENNELL: AYE; COMMISSIONER MILLER: AYE; COMMISSIONER MARTINEZ: AYE; COMMISSJIONER McLEOD: AYE; COMMISSIONER BLAKE: AYE. MOTION CARRIED. Mayor Partyka then stated, "Call the vote on the Motion". COMMISSIONER MARTINEZ: NAY; COMMISSiONER McLEOD: AYE; COMMISSIONER BLAKE: NAY; COMMISSIONER MILLER: NAY; DEPUTY MAYOR GENNELL: AYE. MOTION DID NOT CARRY. As there was concern with the previous vote, the Commission discussed the last couple of roll calls. Mayor Partyka clarified, "The vote is for the Motion to approve the variances", and further said, "Please take another roll call". Upon request, the City Clerk restated the (original) Motion previously stated by Commissioner McLeod, and stated, "A Motion by Commissioner McLeod that this be a part of the Motion that's outlined for the concessions and to take the landscaping issues up in a developer's agreement to include the elevated signage". Commissioner McLeod added to the discussion, that the "City Manager will do a developer's agreement with the enhancements that was brought forth tonight for that property, for the variances that were requested". Mayor Partyka then stated, "Call the vote". COMMISSIONER BLAKE: NAY; COMMISSIONER MILLER: NAY; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER MARTINEZ: AYE; COMMISSIONER McLEOD: AYE. MOTION CARRIED. Commissioner Martinez asked, "Is a Motion to adjourn in order"? Brief Discussion. "MAYOR, I'D LIKE TO MAKE A MOTION THAT WE AMEND THE AGENDA TO POSTPONE THE NEXT TWO ITEMS, AND GO DIRECTLY TO THE CITY MANAGER'S AND CITY ATTORNEY'S REPORT". MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: DEPUTY MAYOR GENNELL: NAY; COMMISSIONER MARTINEZ: AYE. COMMISSIONER McLEOD: AYE; COMMISSIONER MILLER: AYE; COMMISSIONER BLAKE: AYE. MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 22, 1999 Page 17 of 19 "MR. MAYOR, I MAKE A MOTION THAT WE HEAR THE CITY MANAGER'S REPORT, AND THE CITY ATTORNEY'S REPORT, AND THEN WE ADJOURN". MOTION BY COMMISSIONER MILLER. SECONDED. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE; COMMISSIONER BLAKE: AYE; COMMISSIONER MARTINEZ: AYE; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER MILLER: AYE. MOTION CARRIED. .:..:. AGENDA NOTE: THE COMMISSION HEARD THE FOLLOWING TWO ITEMS, IN THE FOLLOWING ORDER, PRIOR TO ADJOURNMENT. .:. .:. VII. REPORTS B. City Manager - Ronald W. McLemore Manager McLemore suggested that a Special Meeting be called, as there are a number of Agenda Items already scheduled for the December 13, 1999 Regular Meeting. A draft of Attorney Garganese's contract was passed out to the Commission. This contract will be discussed at the next meeting. "MAYOR, I WOULD LIKE TO MAKE A MOTION THAT WE SET A SPECIAL MEETING FOR MONDAY, DECEMBER 6TH, AND THAT WE BEGIN AT 6:00 P.M. WITH THE INAUGURATION CEREMONIES THAT WE HAD PLANNED ON HAVING AT NOON, AND IMMEDIATELY FOLLOWING THAT THEN CONTINUE INTO A MEETING". MOTION BY COMMISSIONER BLAKE. SECONDED. DISCUSSION ENSUED ON WHETHER THE REST OF TONIGHT'S AGENDA COULD BE COMPLETED AT THE MEETING TO BEGIN AFTER THE OATH OF OFFICE CEREMONY (ON DECEMBER 6, 1999). VOTE: COMMISSIONER McLEOD: AYE; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER BLAKE: AYE; COMMISSIONER MILLER: AYE; COMMISSIONER MARTINEZ: AYE. MOTION CARRIED. "MOTION TO ADJOURN". MOTION BY COMMISSIONER MARTINEZ. (NO FURTHER ACTION WAS TAKEN). A. City Attorney - Anthony A. Garganese, Esquire Attorney Garganese advised the Board that regarding the recent Attorney-Client Session that was held on November 8, 1999, in the matter of litigation titled Elizabeth Ann Coale v. City of Winter Springs, that the "Florida League of Cites has indicated that if the City Commission does not want to settle this case, then it will be at the risk of the City and they will likely withdraw coverage and any payment with respect to this matter. So, the CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 22, 1999 Page IS of ] 9 Commission can either go alone and assume all the risk in this case, or vote to settle this case; but you should mediate a settlement of $50,000". Discussion. Tape 3/Side B "MOTION TO SETTLE - I MADE A MOTION TO SETTLE, BASED ON THE TERMS THAT WERE PROVIDED". MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE; COMMISSIONER McLEOD: AYE; COMMISSIONER MARTINEZ: NAY; COMMISSIONER BLAKE: AYE; DEPUTY MAYOR GENNELL: AYE. MOTION CARRIED. VIII. ADJOURNMENT Mayor Partyka adjourned the meeting at 12:18 P.M. .:. .:. AGENDA NOTE: THE FOLLOWING ITEMS WERE NOT DISCUSSED DURING THIS MEETING. .:..:. VI. REGULAR B. City Manager Requests Consideration Of The Attached Sample Resolution Designating Certain Policies And Procedures For The Orderly Conduct Of City Commission Meetings. C. Commissioner Cindy Gennell Requesting The City Commission Considers Monday, January 17, 2000 For The Joint Meeting Between City Boards And The Commission. VII. REPORTS C. City Clerk - Andrea Lorenzo-Luaces D. Commission Seat IV - Cindy Gennell E. Commission Seat V - David W. McLeod CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 22, 1999 Page 19 of ] 9 F. Commission Seat I - Robert S. Miller G. Commission Seat II - Michael S. Blake H. Commission Seat III - Edward Martinez, Jr. I. Office of the Mayor - Paul P. Partyka Respectfully Submitted By: Andrea Lorenzo-Luaces City Clerk '.' NOTE: These minutes were approved at the December 13 , 1999 City Commission Meeting. NOTE FROM THE CITY CLERK: AT THE DECEMBER 13, 1999 CITY COMMISSION WORKSHOP, WHICH WAS HELD JUST PRIOR TO THE REGULAR MEETING OF THE CITY COMMISSION, COMMISSIONER EDWARD MARTINEZ, JR. STATED, "I REQUEST OF THE CITY CLERK, THAT, FOR THE MINUTES OF NOVEMBER 22, 1999, SHE PRINT VERBATIM, THE TRANSCRIPT OF THE LETTER READ BY MR. LEIN, INTO THE RECORD ". THEREFORE, THE FOLLOWING EXCERPT FROM THE CITY COMMISSION REGULAR MEETING HELD ON NOVEMJ}ER 22, 1999, IS INCLUDED WITH THESE MINUTES: JL-~~~ II. PUBLIC INPUT Gene Lein, 1173 Winged Foot Circle: First of all, I'd like to commend anybody who fixed the sound system - it's fantastic. Let me ask you one question. When you're going to talk into it - turn it on, or bring it down to your mouth - it still helps a little bit; but I appreciate it, and I'm pretty sure the rest of the people do too. Tonight, on our Regular Agenda 'B', according to your Workshop, was moved to the Consent Agenda. Is that true? No, well, you didn't follow through that? It's still on the Agenda? As a Regular Item? I noticed on Public Input on that, at the time, right? So, I'll talk about what I can talk about right now. What it is, is for your request for your consideration attached a sample resolution designating certain policies and procedures for the orderly conduct of the City Commission meeting. Not knowing what it might be, or what it stands for, whether it pertains to everybody in the commission room or whether it's out on the floor or up on the dais, I'd just like to make sure that we all talk about the same thing, and that everybody in the room is talking about the same thing. Just to go on a little bit about that, I'd like to read a letter that is a public document that was sent to one of the Commissioners from myself, and it pertains to this issue. It was written to Commissioner Edward Martinez. I am writing this to protest your conduct from the September 27, 1999 Winter Springs Commission meeting. You made an obscene gesture from your seat on the dais with the middle finger of your left hand directed at me - was inappropriate behavior for an elected official. This is the not the first time that this respect for a citizen has been manifested - you'll continually attack those that disagree with the Commission, actions by assailing them with your insults and derision. I demand an apology - a public apology at the next Commission meeting, October 11, 1999. This letter was written on October 4th. In the meantime, I'm proceeding to file a complaint against you, your conduct with the Commission on Ethics, Tallahassee, Florida, and I'm also enclosing a witness statement for your actions on September 27, 1999. I have sent this letter to the State Attorney's office, the Mayor of the City of Winter Springs and all of the Commission - that's why it's a public document. I would just like to follow up for a few seconds on the - a note that I received from a person who was in attendance that night. Dear Gene, This is confirmed, that on September 27, 1999 Winter Springs Commission Meeting, I saw an action unbecoming of a City Commissioner and I would suggest that you report it to the appropriate authorities. On that date, during a discussion about a candidate's residency, Commissioner Edward Martinez called a local PAC, a pack of wolves. Shortly thereafter, when the Mayor was admonishing - for his - and to stop talking about that, Mr. Martinez raised both his hands, and with his middle finger of his left hand shot the "bird" - outstretched with a finger while keeping the rest of the hand clenched at you. I consider this to be despicable behavior of anyone, especially a public official; and if you need me to anymore verbally confirm anymore information, please let me know. The only reason I read this letter was that I hoped that you were going to discuss the actions of everyone on the Commission, and not just the public that attended the Commission meeting. Thank you very much". Transcript Respectfully Submitted By: Andrea Lorenzo-Luaces City Clerk