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HomeMy WebLinkAbout2001 07 23 Consent K Approval of the July 9, 2001 Regular City Commission Meeting Minutes COMMISSION AGENDA ITEM K Consent X Informational Public Hearings Regular July 23.2001 Regular Meeting Mgr. / Dept. Authorization CONSENT K. Office Of The City Clerk Approval Of The Minutes Of The July 9,2001 Regular City Commission Meeting. ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING JULY 9, 2001 I. CALL TO ORDER The Regular Meeting of Monday, July 9, 2001 of the City Commission was called to order by Mayor 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 David W. McLeod, present Commissioner Robert S. Miller, present Commissioner Michael S. Blake, present Commissioner Edward Martinez, Jr., absent Commissioner Cindy Gennell, present City Manager Ronald W. McLemore, present City Attorney Anthony A. Garganese, arrived at 6:38 p.m. A moment of silence was followed by the Pledge of Allegiance. A Memorandum from City Manager, Ronald W. McLemore regarding the Fourth of July celebration was read by Mayor Partyka. II. PUBLIC INPUT Ms. Joanne Krebs, 1002 Taproot Drive, Winter Springs, Florida: as the Code Enforcement Board Chairperson, Ms. Krebs asked if the Commission would consider appointing two (2) additional members as "Alternates" to the Code Enforcement Board. Mr. Anthony A. Garganese, City Attorney arrived 6:38 p.m. Mayor Partyka asked Attorney Garganese about the appointing of two (2) alternate members to the Code Enforcement Board. Attorney Garganese stated that there can be two (2) alternate members and that he would need to review the Code. Attorney Garganese further stated, "If you appointed alternative members, you would have to set forth some procedures to set forth when they would serve as a voting member." The second issue Ms. Krebs discussed was what happens when a dog bites someone, if a police officer does not witness the incident; and our use of the Seminole County Animal Code. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 9. 2001 PAGE 2 OF 24 Discussion. Mayor Partyka asked Attorney Garganese, if "You've got a complaint on an animal, what can the City do, and this from a legal position?" Attorney Garganese responded, "If it amounts to a Code Violation, then we can issue a - possibly a civil citation or bring the violator to the Code Enforcement Board. Both cases require a certain amount of evidence in which to prosecute the case. That may require, again, testimony of eye witnesses; that may require video evidence; it may require pictures, affidavits; something to support the fact that somebody violated the Code." Further discussion ensued with Chief of Police, Daniel 1. Kerr. Commissioner Edward Martinez, Jr. said, "What she is asking is can we as the Commission change the procedure so that we can issue the citation without having to wait for the animal control people to take care of business?" Chief Kerr stated, "I'm sure with some Code changes, you can do that. " The Seminole County Animal Control Code was further discussed. Deputy Mayor David W. McLeod stated, "Our intent as this Commission was to adopt Seminole County's to give us more bite.- to the Ordinance, but the thing here, I think we need to go back to our own Ordinance and do something that gives our own control, our own protection within our own City. That what we're after." Commissioner Martinez added, "This goes back to the very premise that has come up before, many, many times before, and we continuously continue to go on record as saying that the - violation is covered by State laws, or its covered by County laws and we don't have to duplicate, or we don't have to do it again, etcetera, etcetera. And every time we do that, somebody tells us that we can write a more stringent code, than what the State or the County have; and I think it's time that we started - the City writing our Ordinances based on what the law is to provide the best efforts of safety for our citizens here in Winter Springs." Mayor Partyka said to Attorney Garganese, "The current law, from a nuisance standpoint, if there are complaints on anything, going down to the barking dogs, barking animals of any kind - noise - we have the ability to cite those people, is that correct?" Attorney Garganese stated, "Yes we do." Mayor Partyka further said to Attorney Garganese, "And nuisance can be anything - we've got leash laws for dogs, we've got barking... - so people can make a complaint on that, is that correct?" Attorney Garganese responded, "Yes sir." Mr. Ned Voska, 815 West State Road 434, Winter Springs. Florida: - handed out a document to the Commission, and spoke about the Village Walk project. Mr. Voska questioned why the sidewalk did not extend an additional two hundred feet (200'), and specifically asked, "Why was my property deleted from it?" Discussion. Mr. V oska also spoke about being at the State Meetings; paying taxes; that other people were very vocal about their needs; and about utility services which he does not have. Mr. Voska stated, "Put me out of the City of Winter Springs and I'll be a part of Casselberry." Mayor Partyka asked Manager McLemore, "Are there any plans for utility services in that area?" Mayor Partyka pointed out that Manager McLemore was taking notes on this CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUL Y 9, 2001 PAGE 3 OF 24 matter and said, "Let's see what we can do; if nothing else, to get you some of these " answers. Mr. Medford McCoy, 114 Brookshire Court, Winter Springs. Florida: asked about the status of the traffic light at Winding Hollow Boulevard and State Road 434? Manager McLemore said that he would call Mr. McCoy tomorrow on this matter. Mr. McCoy also inquired about the Seminole Trail coming through the City. Discussion ensued on funding sources and breaking ground on the bridge over State Road 434. Manager McLemore said, "I will provide you with a letter on this." Mr. Kenneth L. Wood, 2078 South Orange Blossom Trail, Apopka, Florida: as the owner of Medallion Convenience stores, he is the "Chevron," "Texaco," and "Citgo" distributor in Orlando. Mr. Wood spoke of the abandoned gas station at Hayes Road, and what improvements can be expected. Tape I/Side B Commissioner Michel S. Blake asked Manager McLemore if he knew the distance from the "Chevron" property to the Cumberland Farms property? .:..:. AGENDA NOTE: THE FOLLOWING PRESENTATIONS WERE MADE BY MA YOR PARTYKA, AND DOCUMENTED AS FOLLOWS. .:. .:. Mayor Partyka read two Resolutions in honor of the service of Districting Commission Members, Mr. William Poe and Mr. Charles Sorkin. .:. .:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM "H" WAS NEXT DISCUSSED, AS DOCUMENTED. .:. .:. VI. REGULAR REGULAR H. Office Of The City Manager Requesting The City Commission To Approve A Resolution Ordering A Bond Referendum On The Question Of Acquiring And Improving The Parker Property For Expansion Of Central Winds Park Through The Use Of General Obligation Bond Proceeds. Discussion ensued between Manager McLemore, Attorney Garganese, members of the Commission and Mr. David Moore, the City's Financial Consultant on this matter. Commissioner Blake asked if in the question that goes to the voters, "Is there a way to list in here the estimated cost for a hypothetical homeowner?" Discussion. Manager McLemore suggested, "We can do that through a fact sheet." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 9. 2001 PAGE 4 OF 24 Discussion. The suggested wording of the proposed ballot was discussed, and Commissioner Cindy Gennell suggested, "My only request here is to clarify that ballot language, so that you don't have unreasonable expectations of the voters if they do pass that." Commissioner Martinez advised the Manager McLemore, "We must be very clear to the public that we expect to approve this Bond; that we're not acquiring this land to satisfy the needs of outside leagues that want to come into our City and use our parks, and this is strictly for the benefit of the citizens and the residents of Winter Springs." "I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE ITEM 'H,' THE RESOLUTION IN QUESTION HERE, WHICH UNDER IT'S PURPOSE STATES VERY CLEARLY THAT THIS AGENDA ITEM IS HERE FOR THE COMMISSION TO APPROVE, THE BALLOT QUESTION FOR APPROVAL OF THE REFERENDUM QUESTION FOR THE PROPOSED REFERENDUM AND ACQUSITION OF THE PARKER PROPERTY FOR EXPANSION OF CENTRAL WINDS PARK" MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER GENNELL. DISCUSSION. Attorney Garganese handed out the related Resolution. COMMISSIONER . MILLER EXPRESSED HIS CONCERN WITH THIS. MANAGER McLEMORE STATED, "IF YOU APPROVE IT TONIGHT AT A NUMBER, WE WILL GO BACK TO THEM WITH THAT NUMBER - IF THAT NUMBER IS AGREEABLE, WE WILL TIE IT UP IN AN AGREEMENT, IN A CONTRACT - AND LOCK IT IN, AND THE ONLY ISSUE I TIDNK WILL BE TWO THINGS. ONE WILL BE, DO THEY AGREE ON A PRICE. NUMBER TWO, WILL THEY AGREE ON A CLOSING DATE." FURTHER DISCUSSION ENSUED ON THE MOTION. ATTORNEY GARGANESE SUGGESTED "MAYBE THE COMMISSION WOULD ALLOW THE CHAIR - TO ALLOW THE COMMISSIONER TO WITHDRAW HIS MOTION, AND RESTATE IT IN A WAY THAT CLEARLY SETS FORTH THAT HIS DESIRE IS TO MOVE FORWARD WITH A REFERENDUM AND THEN BRING BACK ANOTHER VOTE FOR THE RESOLUTION." COMMISSIONER GENNELL STATED, "I'LL TAKE BACK THE SECOND." MAYOR PARTYKA ASKED IF THE COMMISSION WAS IN AGREEMENT. TO "START ALL OVER." WITH CONSENSUS OF THE COMMISSION THIS WAS AGREED TO. COMMISSIONER MARTINEZ STATED, "I WITHDRAW THE MOTION." I NOW MAKE A MOTION THAT WE APPROVE ITEM 'H' ON THE REGULAR AGENDA." " CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 9, 2001 PAGE 5 OF 24 "Point of Order" by Commissioner Blake. MAYOR PARTYKA SUMMARIZED COMMISSIONER MARTINEZ'S MOTION BY STATING, "THE MOTION IS TO DO A BOND REFERENDUM TO ACQUIRE AND IMPROVE THE PARKER PROPERTY. IS THERE A SECOND TO THAT." "I WILL SECOND THAT." SECONDED BY COMMISSIONER GENNELL. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR McLEOD: NAY COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: NAY COMMISSIONER GENNELL: AYE MOTION CARRIED. Commissioner Blake stated, "Point of Order" regarding a previous statement. Mayor Partyka polled each of the Commissioners for their suggested price. The consensus was $2.95 million dollars. Mayor Partyka then asked, "Does everyone else agree on the May closing?" Mayor Partyka then clarified, "The vote is four (4) Commissioners at "two. nine five" ($2,950,000.00) and one at "two.nine" ($2,900,00.00), so it's "two.nine five zero" ($2,950,000.00) with a May closing. That's the will of this Commission." Manager McLemore and Mr. Moore further advised the Commission on the numbers. Mayor Partyka said, "At this point in time, this Commission needs to vote for Resolution 2001-30 with these two (2) figures in it, $3.4 million dollars and .250 mills. Is that correct? Okay, I need a Motion on that." "SO MOVED." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER GENNELL. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER GENNELL: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR McLEOD: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 9. 2001 PAGE 6 OF 24 .:. .:. AGENDA NOTE: "PUBLIC INPUT" WAS AGAIN DISCUSSED WITH THE FOLLOWING CITIZEN BEING HEARD, AS DOCUMENTED. .:..:. Mr. Richard Grogan, 1 North Fairfax Avenue, Winter Springs, Florida: spoke of the great response he had received at his business, about the great Fourth of July celebration put on by the City of Winter Springs. Tape 2/Side A Mr. Grogan then spoke about the Village Walk project and stated, "I want to make sure it's known, I went to sixty-seven (67) businesses and told every single one of them about this project, from the day I first heard about it so there is no one that can say they've not known about it." .:. .:. AGENDA NOTE: THE CONSENT AGENDA WAS NEXT DISCUSSED, AS DOCUMENTED. .:. .:. III. CONSENT CONSENT A. Office Of The Mayor Resolution Number 2001-25, A Resolution Of The City Of Winter Springs, Florida, Expressing Appreciation To Mr. Chuck Holzman For His Service On The Code Enforcement Board. CONSENT B. Office Of The City Manager Requesting That The City Commission Approve The Attached Consent And Subordination Agreement Between The City And Verizon Wireless. Discussion. Commissioner Martinez asked "Under 'RECITALS:' - the fourth paragraph, it says on there - the terms of prime lease, the 'City must give its consent,' and I'm trying to find out if we can get away from some of this language." CONSENT . C. Office Of The Mayor Resolution Number 2001-26, A Resolution Of The City Of Winter Springs, Florida, Expressing Appreciation To Ms. Nina Neal For Her Service On The Oak Forest Wall And Beautification District Advisory Committee. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 9, 2001 PAGE 7 OF 24 CONSENT D. Office Of The Mayor Resolution Number 2001-27, A Resolution Of The City Of Winter Springs, Florida, Expressing Appreciation To Mr. Albert Murro For His Service On The Oak Forest Wall And Beautification District Advisory Committee. CONSENT E. Finance Department Requests That The City Commission Approved Resolution 2001-28 Relating To The Designation Of The City Manager To Receive And Review Confidential Information Concerning The Local Communications Services Tax. Attorney Garganese asked if this Item could be discussed and voted on separately. This was agreed to. CONSENT F. Office Of The City Clerk Approval Of The Minutes Of The June 25, 2001 Regular City Commission Meeting. Commissioner Gennell stated, "On page twelve (12) of thirty (30), that's where we were voting on that open container - I recall it being a three-one (3-1), and here it is a two-two (2-2), and it said it failed." Commissioner Gennell further said, "It was a three-one (3-1), so we just need to get that corrected." Mayor Partyka stated, "So noted on behalf of the City Clerk." Commissioner Gennell then said that on page sixteen (16) of thirty (30), on the very bottom line where I move to extend the Meeting, I specifically moved to extend the Meeting for one (1) hour. And it's not reflected in here." Mayor Partyka stated, "I am going to ask for a Motion to approve the Consent Agenda, except for 'G. ", "SO MOVED." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER GENNELL. DISCUSSION. COMMISSIONER MARTINEZ STATED, "I WOULD LIKE TO BE EXCLUDED FROM VOTING ON THE MINUTES OF THE LAST MEETING BECAUSE I WASN'T HERE." ATTORNEY GARGANESE STATED THAT COMMISSIONER MARTINEZ DOES NEED TO VOTE, HOWEVER THE CITY CLERK SHOULD "MAKE A NOTATION IN THIS MINUTES THAT COMMISSIONER MARTINEZ WAS NOT PRESENT AT THE PREVIOUS MEETING." Note: For the record, Commissioner Martinez was not present at the June 25th, 2001 Regular Meeting of the City Commission. CITY OF WINTER SPRlNGS MINUTES CITY COMMISSION REGULAR MEETING-JULY 9, 2001 PAGE 8 OF 24 VOTE: COMMISSIONER GENNELL: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER MARTINEZ: NAY COMMISSIONER BLAKE: AYE MOTION CARRIED. "Point of Order" by Commissioner Blake regarding moving Consent Agenda Item "G" to the Regular Agenda. Mayor Partyka advised those in attendance that Consent Agenda Item "G" will be moved to the Regular Agenda, as the last Agenda Item. "Point of Privilege" by Commissioner Martinez who stated, "I would like this Commission to reconsider their vote on Item 'B,' Public Hearings of the June 25th, 2001 Meeting. With discussion on the reconsideration of Public Hearings Agenda Item "B," which dealt with an Open Container Ordinance, Attorney Garganese stated that "If a Commissioner is not present at a Meeting in which it was voted, he has the ability to make the Motion to reconsider. " "I'D LIKE TO MAKE THIS MOTION TO RECONSIDER THE VOTE." MOTION BY COMMISSIONER MARTINEZ. MOTION DIED FOR LACK OF A SECOND. Commissioner Martinez then stated, "I am going to ask that the Manager bring this back as a Regular Agenda Item to be discussed, in the near future, maybe at the next Meeting." Discussion. Attorney Garganese clarified, "Some Items you cannot present a 'Motion to Reconsider.' That was simply a First Reading of an Ordinance. It's obviously within the power of the Commission to deny a 'Motion to Reconsider.' If the Commission had approved an Item which then caused a third party to act, a 'Motion to Reconsider' is completely out of order. But for a First Reading of an Ordinance that failed, when you have a Commissioner that wasn't present, he can make a 'Motion to Reconsider. It's up to the Commission to decide whether they want to reconsider or not." Mayor Partyka added, "Just to reconfirm, it is coming back, based on the comments from the last discussion." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 9. 2001 PAGE 9 OF 24 IV. INFORMATIONAL None. V. PUBLIC HEARINGS PUBLIC HEARINGS A. Community Development Department Requests The City Commission Conduct A Public Hearing For The First Reading And Consideration Of Ordinance 2001-13, Establishing Separation Requirements For Construction And/Or Installation Of New Gas Station Facilities. Mayor Partyka said "I'm looking to read this by 'Title' only, and need a Motion." "SO MOVED." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER GENNELL. DISCUSSION. "I WOULD LIKE TO MAKE A MOTION TO TABLE." MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR McLEOD. DISCUSSION ENSUED ON POTENTIAL PROBLEMS THAT MAY ARISE IF THIS GOES FORWARD. VOTE: (ON TABLING) COMMISSIONER GENNELL: NAY DEPUTYMAYORMcLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: NAY COMMISSIONER MILLER: NAY MOTION DID NOT CARRY. VOTE: (ON MAIN MOTION TO READ BY "TITLE" ONLY) COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR McLEOD: NAY COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER GENNELL: AYE MOTION DID NOT CARRY. Attorney Garganese read the Ordinance in its entirety. Attorney Garganese explained "There is one issue that needs to be considered and has come to my attention, that there may be one (1) or two (2) - proposed gasoline stations in the permit application process. If that is the case, the Commission may wish to consider vesting those applications under the terms of this Ordinance. By vesting that means they CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 9. 2001 PAGE 10 OF 24 would - be allowed to continue throughout the application process for a final determination and approval or disapproval by the City." Discussion ensued on this matter and the Bert Harris Act. Commissioner Blake asked, "Where did we come up with 350 feet?" Mr. Charles C. Carrington, AICP, Community Development Department Director and Mr. Earnest McDonald, Comprehensive Planning Coordinator discussed this and buffering requirements. Further discussion ensued on tanks. The number of sites in question was commented on by Ms. Jimette Cook, Code Enforcement Division Manager and Mr. John Baker, Land Planning Coordinator. Further discussion. Commissioner Robert S. Miller stated, "If they haven't filed their paperwork, and if it's in order and on file with this City as of this evening, then I don't think we ought to entertain exempting it as the City Manager has said. If it's going to be an issue where there is going to be a legal suit, then I think we need to have the City Attorney come back to us, in a month from now, or two (2) months from now if you'd like, after he has done an intensive research in this entire issue of that location, the Hayes - the Texaco station, Chevron station, whatever it is going to be. Tape 2/Side B Further discussion. Commissioner Gennell mentioned that "Over a year ago, we were supposed to have brought to us, Lighting Standards so that - some of the worst offenders of the very high intense lights are those gas stations and its never come forward and I've asked for it a couple of times, but the point is, to go forward and let them keep proliferating without even having that in place, it is not a good idea." Commissioner Blake stated, "350 feet is fine with me, but I do think we need to take some special notice of those properties or those applications that may be existing, once we are able to determine where they stand." Discussion continued. Mayor Partyka opened the "Public Input" portion of this Agenda Item. Mr. Kenneth 1. Wood, 2078 South Orange Blossom Trail, Apopka, Florida: addressed the Commission ,about his plans and the preliminary meetings that he has had with City Staff. Discussion. The "Public Input" portion of this Agenda Item was closed. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 9. 2001 PAGE 11 OF24 "I WOULD LIKE TO MAKE A MOTION THAT WE MOVE ORDINANCE 2001- 13 TO THE SECOND READING WITH THE PROVISO THAT THE CITY ATTORNEY TAKE A CLOSE LOOK AT THE VESTING ISSUE OF ANY EXISTING POTENTIAL ACTIVE SITES." MOTION BY COMMISSIONER GENNELL. SECONDED BY COMMISSIONER MILLER. DISCUSSION. ATTORNEY GARGANESE STATED, "I WOULD RECOMMENDED ADDING A SUBSECTION 'D' TO SECTION 20-417, WHICH SAYS SOMETHING LIKE THIS, 'THIS SECTION SHALL NOT APPLY TO ANY PENDING GASOLINE STATION PROJECT VESTED, AS PROVIDED BY LAW, OR ANY GASOLINE STATION EXISTING AT THE EFFECTIVE DATE OF THIS ORDINANCE.' THAT WOULD MAKE IT CLEAR THAT CERTAIN VESTED GASOLINE STATIONS WILL BE PROTECTED AND WILL NOT BE SUBJECT TO THE ORDINANCE." COMMISSIONER MARTINEZ INQUIRED, "WHEN YOU SAY VESTED, ARE WE TALKING ABOUT A PERSON THAT OWNS A PIECE OF PROPERTY, OR ARE YOU TALKING ABOUT AN ACTIVE APPLICATION ON FILE?" ATTORNEY GARGANESE RESPONDED BY SAYING, "VESTED, AS PROVIDED BY LAW." ATTORNEY GARGANESE FURTHER EXPLAINED THAT THIS MEANT, "IT IS ON A CASE BY CASE BASIS. YOU LOOK AT WHETHER SOMEBODY HAS SUBMITTED AN APPLICATION, WHETHER THEY HAVE PRIOR APPROVALS BY THE CITY. YOU DETERMINE WHETHER THEY HAVE A PROPERTY, OR THEY HAVE A PROPERTY RIGHT, OR A PROPERTY INTEREST IN BUILDING A GASOLINE STATION." VOTE: DEPUTY MAYOR McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER GENNELL: AYE MOTION CARRIED. Mayor Partyka called a break. The Meeting was called back to order at 9:47 p.m. .:..:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS NEXT HEARD BY THE COMMISSION, AS DOCUMENTED. .:. .:. CITY OF WINTER SPRINGS MINUTES ClTY COMMISSION REGULAR MEETING - JULY 9, 2001 PAGE 12 OF 24 VI. REGULAR REGULAR B. Office Of The City Manager Requests That The City Commission Consider Recommendations From Staff And Avid Neo Geo, And Formally Adopt A New City Logo For The City. Mr. Gene DeMarie, General Services Department Director introduced this Agenda Item, and members of the Avid Neo Geo organization. A presentation of three (3) suggested logos were presented to the Commission by Ms. Diana LaRue. Tape 3/Side A Discussion ensued on costs involved with potential printing costs; that the "inc" be spelled out as "incorporated;" and that the word Florida be used. Regarding the third sample, one suggestion was to either do away with the water feature, or enhance it. Other suggestions were that the logos should be bolder and have more "pizzazz." Commissioner Gennell suggested that Avid Neo Geo should review the upcoming August issue of a publication from the Florida League of Cities called "Quality Cities" which has most of the logos from many of the cities around the State. Commissioner Gennell also suggested that another source would be from Chief Kerr who may have some brochures presenting different kinds of badges and logos. With further discussion, it was suggested that all Members of the Commission would select their top five (5) favorite logos as depicted in the upcoming August issue. of the "Quality Cities" publication; and after the Florida League of Cities August Conference has been held, that the top favorites could be forwarded to Mr. DeMarie who can in turn give the information to a representative from Avid Neo Geo. Ms. LaRue suggested to the Commission, "I would just ask you to keep a couple of things in mind as you are coming up with your own ideas, and that is, you don't necessarily - you don't want your logo to look like everybody else. Don't limit yourself to the circular format, maybe instead perhaps pull out elements you like within there. Comments like 'Florida,' 'bolder,' 'still clean and classic," 'pizzazz' and all that, definitely ought to be taken into account. And also, to remember colors." Mayor Partyka said to Ms. LaRue, "We'll give it back to you - the end of August, when we come back - ~d transmit to them; and you'll come back, maybe in September." .:. .:. AGENDA NOTE: THE FOLLOWING PUBLIC HEARINGS AGENDA ITEMS WERE NEXT DISCUSSED BY THE COMMISSION, AS FOLLOWS. .:. .:. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING -JULY 9. 2001 PAGE 13 OF 24 v. PUBLIC HEARINGS PUBLIC HEARINGS B. Community Development Department - Code Enforcement Division Requests The City Commission Consider Third Reading And Adoption Of Ordinance No. 2001-16 Dealing With Temporary Storage Structures. Attorney Garganese read the Ordinance by "Title" only. Attorney Garganese passed out a copy of the revised, proposed Ordinance and advised the Commission that on page two (2) of five (5), subparagraph (c) - "In that subparagraph, the City Manager recommended breaking down the removal section into two (2) different elements. One in which a tropical storm or hurricane watch is issued by the National Weather Service, in that case shall have the right to order the supplier to remove the temporary storage structure by providing the supplier at least twenty-four (24) hours notice of removal. The other component would be, in the event there is a tropical storm or hurricane warning that's issued by the National Weather Service, in that case the temporary service structure shall be immediately removed by the supplier after the warning has been issued, and that is a technical change. It's to distinguish between tropical storm hurricane watch and warning." Discussion. Commissioner Martinez suggested that "I have always been of the opinion that we're dealing with a business for profit and in Section (b), page two (2) of four (4), where it says a pertinent fee may be required by Resolution; I think it should say, a permit fee shall be required." Tape 3/Side B Discussion. Mayor Partyka opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. "I'D LIKE TO MAKE A MOTION TO APPROVE ORDINANCE NUMBER 2001- 16 WITH AMENDED SECTION (b) AND (c) ON PAGE TWO (2) OF FOUR (4)." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER MILLER WHO STATED, "WITH THE UNDERSTANDING THAT HE IS REFERRING TO - 'FEES SHALL BE.'" COMMISSIONER MARTINEZ ADDED, "YES, THAT'S THE CHANGE, AND THE HURRICANE WARNING." DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 9. 2001 PAGE 14 OF 24 VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER GENNELL: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. PUBLIC HEARINGS C. Finance Department Requests The City Commission Consider A Second Reading And Adoption Of Ordinance No. 2001-42 As It Relates To The Communication Services Tax Simplification Tax. Attorney Garganese read Ordinance 2001-42 by "Title" only. Mayor Partyka opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. Commissioner Blake stated, "I do want to reiterate my comments from last time when we discussed this about the windfall provision, and how, if, and when that occurs, I would consider that to be a tax increase and we will have to deal with that when it occurs." "I MAKE A MOTION TO ADOPT ORDINANCE 2001-42." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER GENNELL: AYE COMMISSIONER MILLER: NAY MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 9. 2001 PAGE 15 OF 24 PUBLIC HEARINGS D. Community Development Department Requests The City Commission Conduct A Public Hearing For The First Reading And Consideration Of Ordinance 2001-43 Amending Provisions In The Land Development Regulations Appertaining To Street Names, The Naming Of Streets, And The Uniform Building Numbering System. Mayor Partyka said "I need a Motion to read by 'Title' only." "SO MOVED." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER GENNELL: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: AYE MOTION CARRIED. Attorney Garganese read Ordinance 2001-43 by "Title" only. Mr. Baker addressed the Commission on this matter. Commissioner Blake voiced his concern with the City being able to name streets. Mr. Baker explained that the "County is going to have the final word as to whether the street names sound is a duplication or sounds like a duplication of another street name. Anyhow - you're really not giving up anything." Commissioner Martinez asked Manager McLemore to look into a matter involving a property owner at 936 Greenbriar Lane. Commissioner Martinez explained, "The houses there are numbered in multiples of two (2). The house before - is 932. Hers should be 934, but they numbered it 936. She has been here approximately four (4) times trying to find a solution to the numbering of her house, and she hasn't been successful." Commissioner Martinez added, "If it's necessary - that we correct it. If it's not, just tell her it's okay the way it is." 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 said, "Looking for a Motion to move this on." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 9. 2001 PAGE 16 OF 24 "SO MOVED." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: DEPUTY MAYOR McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE COMMISSIONER GENNELL: AYE MOTION CARRIED. "MOTION TO EXTEND THE MEETING BY ONE (1) HOUR." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE DEPUTYMAYORMcLEOD: AYE COMMISSIONER GENNELL: AYE MOTION CARRIED. Commissioner Miller asked Manager McLemore to advise the Commission which Agenda Items were most important. .:. .:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEMS WERE DISCUSSED IN THE ORDER AS DOCUMENTED. .:. .:. VI. REGULAR REGULAR A. Community Development Department Presents To The City Commission A Request To Hold A Public Hearing To Consider A Conditional Use To Allow Multiple Family Dwellings In The C-1 (Neighborhood Commercial) Zoning District At Wagner's Curve, Pursuant To Section 20-234 Of The Zoning Chapter Of The City Code Of Ordinances. Mr. Baker introduced this Agenda Item. Commissioner Blake asked Attorney Garganese for a brief explanation on special exceptions, and this was done. Discussion ensued. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 9. 2001 PAGE 17 OF 24 Mr. Tom Daly, Daly Design Group, Inc.: addressed the Commission on this project and discussed some of their concerns, such as the material used on the side walls; rooflines; and the fence line along State Road 434. With further discussion, Commissioner Blake added, "My main concern is the rooflines. I'd like to see us try to do something different with that, if we can. Something to create more interest, more architectural value in the roofline." Mr. Daly responded, "Absolutely, and when we come back with our developer's agreement, we'll have - that kind of information." Commissioner Miller agreed with Commissioner Blake's concerns. Commissioner Gennell asked, "You don't have any plans to have any internal sidewalks, do you?" Mr. Daly, stated, "Yes we do. Absolutely." Commissioner Gennell then inquired, "Is this commercial tract part of the tract that we are considering or that we'll be encompassed with the developer's agreement?" Mr. Daly responded, "It is our intention that that will be part of it, yes." Additionally, Commissioner Gennell stated, "I do not like the right in, right out driveway into the commercial piece on that curve. It's just a dangerous road, and you've got an entrance over here that will get you in and out of the commercial just fine." Commissioner Gennell further said, "I would not favor that entrance at all, being there. " Deputy Mayor McLeod stated, "I did want to point out that I did meet with Ed Leerdam for about fifteen (15) minutes to discuss this project. Slightly thereafter, it was rejected by the Board, so I just want to make sure that's on the record." Tape 4/Side A Further discussion. Mayor Partyka opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. "I MOVE TO APPROVE ITEM 'A' TO INCLUDE THE - SEVEN (7) CONDITIONS LISTED ON PAGE FIVE (5) OF ITEM 'A.'" MOTION BY COMMISSIONER MARTINEZ. SECONDED BY DEPUTY MAYOR McLEOD. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 9. 2001 PAGE 18 OF 24 VOTE: DEPUTY MAYOR McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER GENNELL: AYE MOTION CARRIED. Mayor Partyka departed at 11:35 p.m. Deputy Mayor McLeod then took over the Meeting. REGULAR G. Office Of The City Manager Requesting The Commission To Approve Ballot Language For The September 4, 2001 Referendum, Question An Approval Of The Proposed Revisions Of The City Charter. "I'D LIKE TO MAKE A MOTION TO READ ORDINANCE 2001-44 BY 'TITLE' ONLY." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUS ION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE COMMISSIONER GENNELL: AYE MOTION CARRIED. Attorney Garganese read Ordinance 2001-44 by "Title" only and spoke of some revisions: "If you'll turn to page three (3) of five (5) of the Ordinance, that's the essence of the Ordinance and the proposed Referendum. The other provisions of this Ordinance are simply technical requirements, that call the Referendum on September 4th, 2001." Regarding the wording, Commissioner Blake suggested using "City Manager, Clerk and Attorney." Commissioner Gennell suggested, "Requirements for City Budget, Capital Program and Citizen Initiative." Manager McLemore and Attorney Garganese both agreed that the moving of the word "and" would work. Deputy Mayor McLeod stated that his name was spelled incorrectly and asked that it be corrected. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 9, 2001 PAGE 19 OF 24 "I'D LIKE TO MAKE A MOTION TO MOVE ORDINANCE 2001-44 TO A SECOND READING AND PUBLIC HEARING ON JULY 23RD, 2001 AND DIRECT THE CITY ATTORNEY TO DELIVER THE CHARTER QUESTION LANGUAGE TO THE SUPERVISOR OF ELECTIONS AS CONTAINED IN THE ORDINANCE." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER GENNELL: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. A Proclamation calling the Special Election on September 4, 2001, was read into the record by Deputy Mayor McLeod. (See Attachment "A.") .:. .:. AGENDA NOTE: THE FOLLOWING AGENDA ITEM WAS LISTED ON THE AGENDA AS CONSENT AGENDA ITEM "G," BUT WAS MOVED TO THE REGULAR AGENDA. .:. .:. Office Of The City Attorney Requesting That The City Commission Consider The City Manager's Request That A Resolution Be Submitted To The Florida League Of Cities Resolutions Committee Regarding When A Governmental Entity Is Subject To The Terms Of A Joint Planning Agreement. Attorney Garganese introduced the proposed Resolution. Brief discussion. "I MAKE A MOTION TO APPROVE RESOLUTION 2001-29." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER GENNELL: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 9. 2001 PAGE 20 OF 24 .:. .:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEMS WERE NEXT DISCUSSED AS DOCUMENTED. .:. .:. REGULAR F. Office Of The City Manager Requests The Commission To Review The Preliminary Budget And Budget Message And Schedule Budget Workshop Dates. Manager McLemore began by saying, "It has been a real pleasure working on the budget this year and not having to do so much of it myself, and - someone who is willing to bum the midnight oil and help me get it done. So Louise, I thank you for that." Manager McLemore further discussed portions of the budget, and that a balanced Budget has been presented to the Commission. Manager McLemore then reviewed his Budget Message. "I'LL MOVE TO EXTEND THE MEETING FOR FIFfEEN (15) MINUTES." MOTION BY COMMISSIONER GENNELL. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER GENNELL: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. Further discussion. Budget Workshop dates were then discussed. With consensus of the Commission, it was agreed that the first Workshop would be held on Monday, July 16, 2001, beginning at 5:00 p.m. (until 10:00 p.m.). Manager McLemore said that they would be in Tallahassee on July 1 ih and 18th, but that he would verify these dates. Other Workshop dates were discussed. If additional Workshop(s) were needed, the next one would be held on Tuesday, July 24th, 2001 from 5:00 p.m. (until 10:00 p.m.); and then on Wednes<:iay, July 25th. This Workshop would also begin at 5:00 p.m. and run until 10:00 p.m. "MOTION TO EXTEND BY FIFfEEN (15) MINUTES." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 9. 2001 PAGE 21 OF 24 VOTE: COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER GENNELL: AYE MOTION CARRIED. Tape 4/Side B REGULAR C. Police Department Requesting The Commission To Give Approval To Purchase Used Ford Crown Victoria Police Vehicles From San Antonio Texas. Chief Kerr addressed the Commission on this request. Discussion. Commissioner Blake asked Chief Kerr, "Have we checked into any lease programs, where you don't have that outlay?" Further discussion. "I MAKE A MOTION THAT WE APPROVE ITEM 'C,' TO INCLUDE THE ACQUISITON OF MORE VEHICLES THAN THE TEN (10), IF THE - MONEY WILL BUY MORE CARS." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER GENNELL: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. REGULAR D. Office of the City Clerk Requests That Commissioner Robert S. Miller Make An Appointment To The Beautification Of Winter Springs Board; And That Commissioner Cindy Gennell Make An Appointment To The Oak Forest Wall And Beautification District Advisory Committee. "I WOULD LIKE TO NOMINATE MR. BILL POE." COMMISSIONER MILLER. SECONDED. DISCUSSION. MOTION BY CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 9. 2001 PAGE 22 OF 24 VOTE: COMMISSIONER GENNELL: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. No other Nominations were made this evening. REGULAR E. Fire Department Requesting The City Commission To Discuss Transportation Alternatives For Citizens. "MOTION TO POSTPONE IT TO THE NEXT MEETING." MOTION BY COMMISSIONER GENNELL. SECONDED. DISCUSSION. AS CHIEF LALLATHIN WILL BE AT A CONFERENCE DURING THE NEXT MEETING, HE ASKED IF IT COULD BE DONE AT THE FOLLOWING MEETING. THE COMMISSION AGREED TO THIS. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONERGENNELL: AYE MOTION CARRIED. Deputy Mayor McLeod asked if this Agenda Item could be moved towards the front of the Agenda, when it comes back to the Commission. This was acceptable to the Commission. VIII. ADJOURNMENT Deputy Mayor McLeod stated, "Do we have a Motion to adjourn?" "SO MOVED." MOTION BY COMMISSIONER GENNELL. SECONDED. DISCUSSION. . CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 9. 2001 PAGE 23 OF 24 VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER GENNELL: AYE MOTION CARRIED. Deputy Mayor McLeod adjourned the Meeting at 12:27 a.m. .:..:. AGENDA NOTE: THE FOLLOWING REPORTS WERE NOT DISCUSSED DURING THIS MEETING. .:. .:. VII. REPORTS REPORTS A. City Manager - Ronald W. McLemore REPORTS B. City Attorney - Anthony A. Garganese REPORTS C. City Clerk - Andrea Lorenzo-Luaces REPORTS D. Commission Seat Two - Michael S. Blake REPORTS E. Commission Seat Three - Edward Martinez, Jr. REPORTS F. Commission Seat Four - Cindy Gennell REPORTS G. Commission 'Seat Five - David W. McLeod REPORTS H. Commission Seat One - Robert S. Miller REPORTS I. Office Of The Mayor - Paul P. Partyka CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 9, 2001 PAGE 24 OF 24 RESPECTFULLY SUBMITTED: - NZO-LUACES, CMC NOTE: These minutes were approved at the July 23, 2001 Regular City Commission Meeting. ." ATTACHMENT "A" PROCLAMATION A PROCLAMATION OF THE CITY OF WINTER SPRINGS, FLORIDA, proclaiming that an Election will be held in the City of Winter Springs, Florida, on Tuesday, September 4, 2001, for the purpose of one referendum dealing with revising the City's Charter and a second referendum dealing with the purchase of property which could expand Central Winds Park. WHEREAS, the location of the Voting Places will be as follows: Precinct. 13 - City of Winter Springs Civic Center, 400 North Edgemon Avenue Precinct 24 - Seventh Day Adventist Church, 50 South Moss Road Precinct 50 - Tuscawilla Country Club, 1500 Winter Springs Boulevard Precinct 67 - Seventh Day Adventist Church, 50 South Moss Road Precinct 75 - S1. Stephen's Catholic Church, 575 Tuskawilla Road Precinct 76 - Church of the New Covenant, 875 Tuskawilla Road Precinct 78 - City of Winter Springs Civic Center, 400 North Edgemon A venue Precinct 94 - Tuscawilla Country Club, 1500 Winter Springs Boulevard Precinct 95 - Wedgewood Tennis Villas, 1401 Forest Hills Drive Precinct 96 - City of Winter Springs City Hall, 1126 East State Road 434 Precinct 103 - Tuscawilla Country Club, 1500 Winter Springs Boulevard WHEREAS, the names of the Pollworkers which comprise the Election Board are on file with the Supervisor of Elections Office in Sanford Florida. NOW,THEREFORE, BE IT PROCLAIMED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA: SECTION I - The Pollworkers will be compensated by the Supervisor of Elections. SECTION II - The Polls will be open from 7:00 a.m. to 7:00 p.m. on Election Day, Tuesday, September 4, 2001. GIVEN UNDER MY HAND this 9th day of July. ZOOl. J:~- I T~~rGS' FLORIDA ..~t:~ PAUL P. P ARWK;cr1\ YOR -