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HomeMy WebLinkAbout_2003 11 10 City Commission Regular Minutes CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING NOVEMBER 10, 2003 CALL TO ORDER The Regular Meeting of Monday, November 10, 2003 of the City Commission was called to order by Mayor John F. Bush at 6:33 p.m. in the Commission Chambers of the Municipal Building (City Hall, ll26 East State Road 434, Winter Springs, Florida 32708). ROLL CALL: Mayor John F. Bush, present Deputy Mayor Robert S. Miller, present Commissioner Michael S. Blake, present Commissioner Edward Martinez, Jr., present Commissioner Sally McGinnis, present Commissioner David W. McLeod, absent City Manager Ronald W. McLemore, present City Attorney Anthony A. Garganese, arrived at 6:36 p.m. After a moment of silence, Mayor Bush led the Pledge of Allegiance. Under "Agenda Changes," Mayor Bush stated, "We are going to move [Regular Agenda Item] '501' - up before the 'Public Hearings.'" AWARDS AND PRESENTATIONS Representatives of J. Raymond Construction presented the "Eagle Award" - "Which recognizes the most outstanding project constructed in the Central Florida area, which are the four (4) counties, in the five to ten million dollar range. So in recognition and consideration for the role that the City of Winter Springs has played in the project, we at 1. Raymond [Construction] would like to present to the Commission, to the Mayor, and the City Manager, a plaque that could be displayed in your lobby that would commemorate this accomplishment." Mayor Bush stated, "Tony [Tizio] will get this III the 'Winter Springs Voice' [ newspaper]." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 10,2003 PAGE 2 OF 22 City Attorney Anthony A. Garganese arrived at 6:36 p.m. PUBLIC INPUT Mr. Ned Voska, 1466 Whitehall Boulevard, Winter Springs, Florida: addressed the City Commission regarding dumpster enclosures and suggested the option of less expensive enclosures. Mayor Bush said, "I think when we get to that item, the [City] Manager will give us an estimated cost." Ms. Sharon Tackaberry, 634 Cheoy Lee Circle, Winter Springs, Florida: spoke of an outstanding easement and asked if a release was needed. City Manager Ronald W. McLemore stated, "I think it is something the City Attorney would have to answer." Mayor Bush added, "We will get back with you - with the Attorney." One additional "Agenda Change" was noted by Manager McLemore who stated that regarding the Add-On Agenda Item dealing with the Dollar General Store, "We have received notification from them that they do not at this time desire to go forward." Mayor Bush then said, "I will give this to the Clerk - Ms. Tackaberry's address and telephone number, when Attorney [Garganese] gets back with an answer to her question." .:. .:. AGENDA NOTE: THE FOLLOWING CONSENT AGENDA ITEMS ARE NOT NECESSARILY DOCUMENTED IN THE ORDER THE AGENDA ITEMS WERE DISCUSSED. .:. .:. CONSENT 200. Parks And Recreation Department Requesting Authorization To Piggyback Off Of The Osceola County Bid # 03-351- BC For SIll Asphalt Pavement For Paved Access Roads In Central Winds Park. CONSENT 201. Public Works Department Requesting Authorization To Enter Into A Contractual Agreement For Northern Way Repairs. CITY OF WINTER SPRlNGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 10,2003 PAGE 3 OF 22 CONSENT 202. Public Works Department Requesting Supplemental Appropriation For The Replacement Of The City Hall Commission Chambers Air Conditioning Unit. CONSENT 203. Information Services Department Requesting Authorization For The City Manager To Enter Into A Contract With Florida League Of Cities Consultants For Records Management/Document Imaging Project. Brief discussion. CONSENT 204. Information Services Department Requesting Authorization To Dispose Of Surplus Assets According To The Attached Disposition Sheets. Brief discussion. CONSENT 205. Office Of The Mayor Resolution Number 2003-46 - A Resolution Of The City Of Winter Springs, Florida, Expressing Appreciation To Lurene Lyzen For Her Service On The Code Enforcement Board. CONSENT 206. Office Of The City Clerk Approval of the October 27, 2003 City Commission Regular Meeting Minutes. Discussion. "MOTION TO APPROVE CONSENT AGENDA." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER] 0,2003 PAGE 4 OF 22 .:..:. AGENDA NOTE: THE FOLLOWING INFORMATIONAL AGENDA ITEMS ARE NOT NECESSARILY DOCUMENTED IN THE ORDER THE AGENDA ITEMS WERE DISCUSSED. .:. .:. INFORMA TIONAL INFORMATIONAL 300. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. Commissioner Edward Martinez, Jr. spoke about Oak Forest, and said to Manager McLemore, "When will the issue of the planting of the trees be disposed of?" Mr. Michael Mingea, ArboristlEnvironmental Inspector, Community Development Department stated, "Would this be the area where trees were removed by a private resident, and they were required to do some replacement tree plantings?" Commissioner Martinez then stated, "It says here - 'Trees that the homeowner removed without a pernlit have not been replaced. ", Mr. Mingea next spoke about a resident and said that he would "Go to the site and verify that part." Commissioner Martinez added, "I would appreciate it if you would find that out and we would remove that from the item in question." Mr. Mingea, then said, "Certainly - be glad to." Manager McLemore suggested to Mr. Mingea, "Would you answer that with an Informational Item next Agenda please." Mr. Mingea responded, "Yes." Mayor Bush inquired about school signage. Mr. John Baker, AICP, Senior Planner, Community Development Department stated, "At the time that this was written back in September of last year, they had two (2) monument signs in front of the school. I think they have torn the one down and one remains." Mayor Bush then asked, "So they are in compliance? If they are then we need to get this off." INFORMATIONAL 301. Information Services Department Wishes To Update The Commission On The Status Of The I.T. [Information Technology] Plan Created In FY 2002. INFORMATIONAL 302. Public Works Department Advising The City Commission Of The Status Of Various Capital Improvement Projects. With discussion, Mayor Bush asked Mr. Kip Lockcuff, P.E., Public Works/Utility Department Director about the Acceleration Lanes Study and specifically inquired about the estimated completion date. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 10, 2003 PAGE 5 OF 22 Mayor Bush asked, "Are we going to really get that by [December] 2003?" Mr. Lockcuff responded, "I was going to check on that tomorrow." Mayor Bush then said, "Hopefully then, by the first Meeting in December - you will let us know?" Mr. Lockcuff stated, "I will let you know." ADD-ON INFORMATIONAL 303. Office Of The City Manager Wishes To Respond To Commission Inquiries Regarding The Solid Waste Fund. Discussion. Commissioner Michael S. Blake said to Manager McLemore, "I would just like you to state for the record if you would, whether or not the operation of this Fund since its inception back in 1997 I believe - has been in accordance with the Resolution, in accordance with State Law and accordance with all those rules and regulations that..." Manager McLemore stated, ".. .Right. .." Commissioner Blake continued, "... We have to comply with General Accounting principles..." Manager McLemore added, ".. .Right - I laid out in this package for you the Accounting principles that apply to Special Revenue Funds and we are certainly in compliance with those rules of accounting, standard procedures of accounting. Also, the other binding document on the Funds administration is the Resolution that you adopted, and we have been administering this Fund under both the - provisions of the Resolution and generally accepted accounting standards and procedures." With further discussion, Commissioner Blake stated, "I do think six (6) years down the road that it is time to revisit it, take another look at what our pricing policy ought to be on the services that are provided by the contractor. We also have previously given Staff instructions to take a good look at who our current contractor is and the level of services being provided. Perhaps we should roll all this into one review item for a future Agenda maybe in the next sixty (60) days or so to make a deternlination whether or not we ought to be amending the current Resolution or making some policy decisions based on that." Manager McLemore said, "We can do that. I did point out to you that the unknown that I think you need to know in order to make that decision is what is the next Contract going to cost us." Commissioner Blake added, "We also have some information based on some other cities nearby that recently entered into Contracts and we have some pricing information that is available on the market." Mayor Bush asked, "Is the Commission in agreement with Commissioner Blake's recommendation that this be a future Agenda Item?" No opposition was voiced. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 10,2003 PAGE 6 OF 22 Mayor Bush stated, "Could I have a Motion on the Informational Agenda?" "SO MOVED." MOTION. SECONDED. DISCUSSION. VOTE: DEPUTY MAYOR MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. .:..:. AGENDA NOTE: WITH CONSENSUS OF THE CITY COMMISSION, REGULAR AGENDA ITEM '501' WOULD BE HEARD BEFORE THE PUBLIC HEARING PORTION OF THE MEETING. .:..:. REGULAR REGULAR 501. Office Of The City Manager Requesting The Commission To Approve The City Pension Plan - Resolution Number 2003-44. Mr. Jim Linn, Esquire, Attorney, 125 South Gadsen Street, Suite 300, Tallahassee, Florida: addressed the City Commission on this issue. With discussion, Mr. Linn pointed out that three (3) sections in the Resolution need to be replaced - and it's Section 4.03 on page 10 of the Resolution, Section 5.02 on pages lO and 11, Section 8.05 on pages 13 and 14 of the Resolution - these changes relate to the 100 percent vesting provision for employee contributions to the plan." Mr. Linn then specifically stated, "Section 4.03 - the very last clause of the last sentence - page lO of the Resolution - where it states that after all the discussion about the '30- year Treasury bond rate as a benchmark for calculating lump sum payouts from defined benefit plans, shall be...' and strike the words 'available for distribution' - and inserting 'part of the accrued benefit payable...' so that it will read: 'shall be part of the accrued benefit payable to a participant upon normal retirement, except as reduced in accordance with Section 8.05.''' Next, Mr. Linn said, "The next change is on that same page - at 5.02 (A) (I) and this is a new sentence that is going to be inserted after the underlining that ends with 'October l, 2000.' - and the new sentence would read - 'Such pension will be adjusted for any distribution in accordance with Section 8.05. ", CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 10,2003 PAGE 7 OF 22 Commissioner Blake inquired, "When is the date of initial participation for somebody who buys past service?" Mr. Linn responded, "I don't believe that initial participation is a defined term, but I do believe that it's certainly clear that when somebody buys back - that their date of initial participation is going to be the - furthest back date that they are buying back, under the plan - that that would become their date of initial participation. That would be my reading of that language." Commissioner Blake then asked Mr. Lilli, "Is that something as you practice law in this area, that we probably should clarify with a simple addition of a definition?" Mr. Linn responded, "I think with this statement on the record, that that is probably not necessary." Commissioner Blake suggested, "Maybe we could just add a few words on this line - counting forward from the date of initial participation to include any past purchased past service benefits or whatever you want to put into legalese." Mayor Bush asked, "Is the Commission in agreement with the recommendation from Commissioner Blake?" No objections were voiced. Mr. Linn added, "To include any purchased past service." Commissioner Blake stated, "That's fine. " Mr. Linn then referenced page II and said, "This is still in section 5.02 (B) 2 (ill- in the middle of the page - and this has to do with the voluntary contributions made by a participant to purchase years of qualified service and right now it says 'utilizing the...' - as the amount is the amount necessary 'to fund the benefit attributable to such Years of Qualified Service;' as determined by the Actuary for the plan, utilizing the actuarial definitions at l.l2.'" Mr. Lin then said, "The suggested revision is to state that if the actuarial definitions that are used for plan funding purposes. The final section is Section 8.05 which is the 'Vesting Schedule.' which begins on page 13 and there is a lengthy paragraph (B) - which has to do with the 100 percent vesting of required participant contributions and this is kind of a critical part - that the other two (2) changes refer to this - Section 8.05. In the second sentence, it says the 'Participant is entitled to receive a return of his Required Participant Contributions...' - we are inserting 'contributed while a participant under the money purchase plan prior to October 1, 2000.' Now, there are really - two (2) parts of the Participant Contribution and this is just clarifying that on tennination of employment, a member can receive the contributions that they made to the Money Purchase Plan prior to October I, of 2000, when that Plan was closed." The second change is on the next page, it's replacing all of the language that starts, after the long sentence - 'in lieu of any other benefit under the Plan' - in the middle of that paragraph, and these sentences would replace the rest of the paragraph - 'the amount received as a distribution by the participant shall be used to reduce the accrued benefit if any at his normal retirement date. Required Participant Contributions contributed on and after October l, 2000 are 100 percent vested and shall be included in the deferred vested benefit payable to the participant upon normal retirement date. ", Tape 1 /Side B CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 10,2003 PAGE 8 OF 22 With discussion, Commissioner Blake spoke for the record on concerns he had. Manager McLemore also. spoke for the record on this issue. "I MAKE A MOTION THAT WE APPROVE ITEM '501' PROVIDING THAT THE COMMENTS AND CORRECTIONS MADE BY THE COMMISSIONER ARE INSERTED IN THE DOCUMENT TO BE FORMULATED LATER." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY DEPUTY MAYOR MILLER. DISCUSSION. MAYOR BUSH STATED, "IT WAS THE CLARIFICATIONS THAT WERE BY MR. LINN AND MR. BLAKE." COMMISSIONER MARTINEZ ADDED, "HE [MR. LINN] MADE SOME COMMENTS THAT WE ACCEPTED AND THEY HAVE TO BE INSERTED." Commissioner Blake stated, "Point of Order" and spoke of remarks stated by Mr. Linn. COMMISSIONER MARTINEZ SAID, "...NO, JUST THE PARTS THAT HE ACCEPTED." VOTE: COMMISSIONER BLAKE: NAY DEPUTY MAYOR MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. PUBLIC HEARINGS PUBLIC HEARINGS 400. Office Of The City Manager Requesting The City Commission To Approve The Second Reading Of Ordinance 2003-38 Establishing A Public Building Impact Fee. Attorney Garganese read the Ordinance by "Title" and stated, "I did send over to the City a revised page 4. That was not included in your package, instead there was another page included - and you will note it says 'Non-residential $321.35,' that was typed into the Ordinance. That is wrong - it should be '$231.35' - in accordance with the report." Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 10,2003 PAGE 9 OF 22 Mayor Bush closed the "Public Input" portion of the Agenda Item. "MA YOR, I MAKE A MOTION TO APPROVE ITEM 400 WITH A CORRECTION SPECIFIED BY THE CITY ATTORNEY." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR MILLER: AYE MOTION CARRIED. PUBLIC HEARINGS 401. Community Development Department - Planning Division Requests That The City Commission Consider Second Reading/Adoption Of Ordinance 2003-39 Amending Section 9-281. Of The Winter Springs' Code Related To The Screening Of Dumpsters. Attorney Garganese read Ordinance 2003-39 by "Title" only. Ms. Eloise Sahlstrom, ASLA, AICP, Senior Planner, Community Development Department briefly addressed the City Commission. Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. "MOTION TO APPROVE ITEM '401.'" MOTION BY DEPUTY MAYOR MILLER. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 10,2003 PAGE 10 OF 22 PUBLIC HEARINGS 402. Community Development Department - Planning Division Requests The City Commission Postpone To Date Certain (February 23, 2004) A Public Hearing For First Reading Of Ordinance 2003-32 Adopting A Small Scale FLUM [Future Land Use Map] Amendment Changing The Future Land Use Map Designation Of Two (2) Parcels Located Between State Road 419 And Old Sanford/Oviedo Road From "Industrial" To "Commercial." "MOTION TO POSTPONE." MOTION BY COMMISSIONER MARTINEZ. MOTION DIED FOR LACK OF A SECOND. Discussion ensued on a possible Moratorium. "MOTION TO READ BY 'TITLE' ONLY." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR MILLER: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" only. With discussion, Deputy Mayor Robert S. Miller asked about whether this property could be developed as "Industrial." Attorney Garganese added, "On this parcel, if the Commission changes the designation to 'Commercial' then this property owner would be required to develop 'C-I Neighborhood Commercial' uses. They would not be allowed to develop 'IndustriaL'" Deputy Mayor Miller added, "As long as we are doing everything possible to establish some kind of a benchmark that would provide us some degree of comfort that somebody wouldn't go in there and make an application to develop it as 'Industrial. ", Mayor Bush opened the "Public Input" portion of this Agenda Item. Mr. Bart Phillips, 7220 Lake Floy Circle, Orlando, Florida: as the owner of the property, Mr. Philips said to the City Commission - "This property here - I understand you guys are trying to stop any type of development - I have no plans for developing it at this present time - I can give you my word there will not be anything filed until after February 23rd." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 10,2003 PAGE II OF 22 Mr. Phillips then added, "So you have nothing to worry about until the 23rd - I can give you my word on the 23rd of February - there are no plans for any type of 'Industrial' Development until we discuss and work it out and see what we are going to do." Deputy Mayor Miller stated, "I would just like to point out that we have 'Residential' right across the street - that is a concern to us." Mr. Phillips then said, "It has a beautiful tree line - it would be nice to keep the tree line there, and I think we could find a compromise - we were talking about walls - I know the School doesn't want to put up walls, but I'll put up a wall- I don't care how high. Need it ten feet (10'), I will put it at ten feet (10'), but I will leave the tree line there, because that is what makes the area nice, and that's my decision." Mayor Bush closed the "Public Input" portion of this Agenda Item. "I WOULD LIKE TO MAKE A MOTION TO MOVE ORDINANCE 2003-32 TO SECOND READING." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY DEPUTY MAYOR MILLER. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. PUBLIC HEARINGS 403. Community Development Department/Office Of The City Attorney Request The City Commission Consider First Reading Of Ordinance 2003-06, Relating To The Regulation Of Signs (Particularly The Use Of Exposed Neon Tubing) Within The State Road 434 Corridor Including The GreeneWay Interchange Zoning District. Commissioner Sally McGinnis left the dais at approximately 7:47 p.m. Mayor Bush stated, "Do I have a Motion to read by 'Title' only." "SO MOVED." MOTION. SECONDED. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 10,2003 PAGE 12 OF 22 Commissioner McGinnis returned briefly to the dais to cast her Vote. COMMISSIONER McGINNIS: AYE (VOICE VOTE AUDIBLE TO MAYOR BUSH, MEMBERS OF THE CITY COMMISSION, AND THE CLERK) COMMISSIONER BLAKE: AYE DEPUTY MAYOR MILLER: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" only. Commissioner McGinnis returned to the dais at approximately 7:50 p.m. Discussion. "MOTION TO TABLE ORDINANCE 2003-06." MOTION BY COMMISSIONER . BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: DEPUTY MAYOR MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. REGULAR REGULAR 500. Community Development Department Requests The Commission's Approval And Acceptance Of The Tuskawilla Office Park (TOP) Improvements (Potable Water And Sanitary Sewer) To Be Dedicated To The City For Ownership And Maintenance. Mr. Baker briefly spoke on this Agenda Item. "MOTION TO APPROVE." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY DEPUTY MAYOR MILLER. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 10,2003 PAGE 13 OF 22 REGULAR 502. Community Development Department - Planning Division Requests That The City Commission Consider 1) Amending The Code To Allow For Vinyl As An Acceptable Screening Material For Existing Businesses Which Need To Come Into Compliance With Section 9-281. By March 1,2004,2) Making Available Standard Engineered Dumpster Enclosure Details For Existing Businesses (The Attached Details Include A CMU (Cement Masonry Unit) Enclosure And An Alternative Vinyl Enclosure) And, 3) Exempting Existing Businesses From Compliance With The Zoning Setback Requirements. Ms. Sahlstrom briefly addressed the City Commission. Tape 2/Side A With discussion, Commissioner Blake suggested, "Perhaps there is a way for us to find some middle road here if we require some - bollards, those concrete posts which will try to provide some of the useable protection or protection from the use that it was intended to be there, and screen against and still retain some cost coverage." Manager McLemore added, "It's possible we could use the bollards on the front that really protect it from the truck." Ms. Sahlstrom stated, "We could also require them to put one at each corner here in the front, which would protect these walls being backed in." Furthem10re, Ms. Sahlstrom added, "The gate would need to be able to swing still. I'd have to talk with the Engineer to make sure that it doesn't impact it." "I WOULD LIKE TO MAKE A MOTION WE DIRECT STAFF TO BRING US BACK AN ORDINANCE REVISING THE DUMPSTER SCREENING TO CONFORM WITH THE TERMS OF ITEM '502,' WITH THE ADDITION OF BOLLARDS GOING INSIDE THE FRONT GATES ON EACH SIDE, TO HELP PROTECT THE - STRUCTURE." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR MILLER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 10,2003 PAGE 14 OF 22 .:..:. AGENDA NOTE: WITH CONSENSUS OF THE CITY COMMISSION, PUBLIC HEARINGS AGENDA ITEM '403' W AS REMOVED FROM THE TABLE. .:. .:. PUBLIC HEARINGS PUBLIC HEARINGS 403. Community Development Department/Office Of The City Attorney Request The City Commission Consider First Reading Of Ordinance 2003-06, Relating To The Regulation Of Signs (Particularly The Use Of Exposed Neon Tubing) Within The State Road 434 Corridor Including The GreeneWay Interchange Zoning District. "I WOULD LIKE TO MAKE A MOTION WE REMOVE ORDINANCE 2003-06 FROM THE TABLE." MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR MILLER. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. "I WOULD LIKE TO MAKE A MOTION TO READ ORDINANCE 2003-06 BY 'TITLE' ONLY." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR MILLER: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" and added, "The amendments that I would make to the Ordinance at this time would be in the second 'Whereas' clause - that would basically say, 'the City Commission desires to clarify the City Code regarding the use of exposed neon signs within the City of Winter Springs.' Then, I would create a new section (2), and that new section (2) will be a Code amendment to Section 16-57. of the Code which is - the City of Winter Springs general Sign Code; and I would add to 16-57.2 subparagraphs. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 10,2003 PAGE 15 OF 22 The first one would be subparagraph 12 which will read, 'Unless otherwise expressly authorized by the City Code, signs with exposed neon tubing. That would mean that it would be a prohibited sign. However, window signs may utilize exposed neon tubing for the advertisement of products and services, provided the size of the sign is less than or equal to four (4) square feet. So what that would do would make prohibited exposed neon tubing unless otherwise authorized by the Code or unless it is less than 4 square feet - and you would be able to do just one (1) sign. Attorney Garganese added, "Then I would also recommend adding subparagraph (13) so there is consistency throughout the City - subparagraph (l3) would prohibit backlit awning signs." Furthermore, Attorney Garganese added, "I would renumber Section (2) in the draft that was provided to you, to Section 3 and keep all of that language that we put in amending the State Road 434 guidelines. It doesn't do any harm to keep it in as revised - we'll be consistent throughout the City and then renumber Sections (3), (4), (5), (6) accordingly. With that said, I just want to tell you that Section (16), the Sign Code is going to require some further amendments and we can clear some other things up at that time. " Commissioner Blake said to Attorney Garganese, "The use of neon tubing to outline buildings, windows, or doors shall be prohibited. That is retained, correct?" Attorney Garganese stated, "That is retained in the State Road 434 guidelines." Commissioner Blake then asked, "That is not retained in the City overall? You didn't mention that section in your new Section (2)." Attorney Garganese stated, "It really was an aesthetic- regulation in the State Road 434 guidelines. We could add that language." Commissioner Blake the stated, "That is one of the primary issues I would not want to have limited to just State Road 434, in terms of this prohibition." Attorney Garganese added, "We could add that somewhere in the Code." Commissioner Blake suggested, "The lighting standards." Mayor Bush opened the "Public Input" portion of the Agenda Item. Mr. Ned Voska, 1466 Whitehall Boulevard, Winter Springs, Florida: spoke about neon signs being in the Town Center, and why not elsewhere. Attorney Garganese then said, "Staff wants to just add it under 16-57. We'll add that sentence. " Mayor Bush closed the "Public Input" portion of the Agenda Item. "I MAKE A MOTION WE MOVE ORDINANCE 2003-06 AS AMENDED, TO SECOND READING FOR ADOPTION." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 10,2003 PAGE 16 OF 22 VOTE: COMMISSIONER McGINNIS: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE REMAINING ITEMS SCHEDULED FOR THIS AGENDA WERE HEARD AS DOCUMENTED. .:. .:. REGULAR REGULAR 503. Office Of The City Clerk Requests That Commissioner Sally McGinnis Make An Appointment To The Oak Forest Wall And Beautification District Advisory Committee. Commissioner Sally McGinnis asked if "This could be deferred to the next Meeting." Mayor Bush said to Commissioner McGinnis, "Let's not put that back on the Agenda until you - have got a recommendation. You let the Clerk know, and we will put it on there." REGULAR 504. Office Of The City Manager Requesting The City Commission To Consider Support Of Seminole County Enacting The Provisions Of The "Granny Flats Bill" In Seminole County. With discussion on this issue, Deputy Mayor Miller stated, "At a minimum, I would like to see more information from the County on how this is going to work." Manager McLemore said, "I am telling you that it has been represented to me that they feel like they have a way to control it." Mayor Bush said to the City Commission, Commissioner Miller's recommendation is that the Commission be provided more information before any recommendation." Deputy Mayor Miller stated, "Correct." Commissioner McGinnis and Commissioner Martinez agreed with Deputy Mayor Miller. Commissioner Blake stated, "I disagree." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 10, 2003 PAGE 17 OF 22 "I MAKE A MOTION WE DENY THEIR REQUEST." MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR MILLER. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER MARTINEZ: NAY COMMISSIONER BLAKE: AYE DEPUTY MAYOR MILLER: AYE MOTION CARRIED. REGULAR 505. Office Of The City Manager Requesting The Commission To Adopt Resolution Number 2003-45 Amending The FY03 And FY04 Budget. Brief discussion. "I MOVE TO APPROVE ITEM '505.'" MOTION BY COMMISSIONER McGINNIS. SECONDED BY DEPUTY MAYOR MILLER. DISCUSSION. VOTE: DEPUTY MAYOR MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. REGULAR 506. Community Development Department Requests The City Commission Consider Interpreting The C-l Permitted Uses, Subsection 20-232. (a) Of The City Code, Provisions For (3) Alcoholic Beverage Sales (Package) And (4) Alcoholic Beverage On-Premise Consumption To Include Microwineries (Retail Establishments Where Wines May Be Made, Sold, And Consumed). Mr. Baker presented his opening remarks regarding this Agenda Item. Mr. Timothy Brewer, 1708 Sultan Circle, Chuluota, Florida: addressed the City Commission regarding this Agenda Item. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 10,2003 PAGE 18 OF 22 With discussion, Deputy Mayor Miller said to Mr. Brewer, "You will also be selling wine on the premises, or not? Mr. Brewer responded, "We'd like to, yes." Deputy Mayor Miller then said, "You would have to then request a Liquor Permit from the State." Mr. Brewer stated, "That's correct. We would need two (2) different ones, a Manufacturing and a - Retail license." "I WOULD LIKE TO MAKE A MOTION THAT WE FIND THAT THE MICROWINERY CONCEPT DOES INDEED FIT UNDER THE 'C-1 NEIGHBORHOOD COMMERCIAL' ZONING CLASSIFICATION." MOTION BY COMMISSIONER BLAKE. SECONDED. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. ADD-ON REGULAR 507. Community Development Department Presents To The City Commission, Several Architectural Features Pertaining To The Dollar General Store. As also stated earlier in the Meeting, Mayor Bush stated, "They requested it be removed" from the Agenda. REPORTS Mayor Bush stated, "At our next Meeting, make sure that the Reports come first, regardless of which one it is, whether it is the second Meeting this Month, if not the first Meeting next month." REPORTS 600. Office Of The City Attorney - Anthony A. Garganese, Esquire Attorney Garganese stated, "I did meet with some of the City Attorneys of Seminole County regarding that Adult Gambling Arcade issue and I will be preparing a Memo to the Commission outlining the issues; and the Commission then can decide what it wants to do in Winter Springs." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 10,2003 PAGE 19 OF 22 Attorney Garganese also reported that "The Dog Barking Case - Rawlins versus City of Winter Springs - the Court has scheduled Oral Arguments in that case for December 4th at 3:30 p.m." REPORTS 601. Office Of The City Manager - Ronald W. McLemore Manager McLemore spoke of the proposed Workshop scheduled for November 25, 2003 and suggested the City Commission reschedule the Workshop for "The first Monday of December, as an alternate date, if that works for the Commission" - December I st. Manager McLemore further stated, "We scheduled the 'Walk around' at 4:00 p.m. and then the Meeting would be at 6:30 p.m." Mayor Bush stated, "4 o'clock on December 1 st." Manager McLemore the said to the City Commission, "Unless some emergency comes up, then you will not meet on the 24th [of November]." Mayor Bush summarized, "So no Meeting on the 24th at this point, unless an emergency occurs." REPORTS 602. Office Of The City Clerk - Andrea Lorenzo-Luaces Ms. Holly Pierstorff, Assistant to the City Clerk had no Report. REPORTS 603. Commission Seat Three - Edward Martinez, Jr. Commissioner Martinez spoke about receiving a letter addressing "Progress Energy" and trees on Shetland Avenue. In regards to the use of the Senior Center, Commissioner Martinez said to Manager McLemore, "I am requesting that you bring this back as an Agenda Item - so we can discuss it and implement rules and regulations for the use of the Senior Citizen Center." Commissioner Martinez also said, "I am requesting as an Informational Item from the City Manager, information on our City ponds." Commissioner Martinez added, "When I questioned this issue the last time, I was told that the Ponds is a separate Contract - the servicing of the Ponds is a separate Contract. I would like to know what that Contract is all about, what they are supposed to do, and how often they are supposed to do it, and what the responsibilities ofthese people are." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 10,2003 PAGE 20 OF 22 REPORTS 604. Commission Seat Four - Sally McGinnis Commissioner McGinnis stated that the City of Winter Springs "Will be hostin~ the CALNO [Council of Local Governments in Seminole County] Dinner, December 3r so I hope everybody here attends." Secondly, Commissioner McGinnis requested a "Status of the Sign Ordinance." Thirdly, Commissioner McGinnis inquired whether the Winter Springs Golf Club was for sale and stated, "If we could just keep an eye on that - if we know that it is going to be for sale - I would like to know about it." Commissioner McGinnis then spoke of a conversation she had with Councilwoman Regina Bereswill of the City of Oviedo, regarding a proposed joint meeting of the two (2) cities. Tape 2/Side B With further discussion, Mayor Bush stated that he would contact Councilwoman Regina Bereswill of the City of Oviedo regarding this issue. REPORTS 605. Commission Seat Five - David W. McLeod Absent. REPORTS 606. Office Of The Mayor - John F. Bush Mayor Bush spoke of a school sponsored dance and stated, "The school changed facilities - at the last minute, to an area that was more difficult to control - I have talked to the Superintendent of Schools - he has assured me that will never happen again, and he said - if the School Board makes an agreement with the City on a facility, that they will stick with it." REPORTS 607. Commission Seat One/Deputy Mayor - Robert S. Miller Deputy Mayor Miller spoke of being a "Representative of the City on the l7-92 CRA, which is the redevelopment of [Highway] 17-92" and stated, "They need an alternate from us - and I would like to nominate Commissioner McGinnis for that position if she would like to." CITY OF WINTER SPRINGS M [NUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 10,2003 PAGE 21 OF 22 With brief discussion, Deputy Mayor Miller then stated, "I will withdraw the nomination and bring it up again." In regards to property surrounding the Golf Terrace Apartments, Deputy Mayor Miller stated, "I would like the City to talk to the Code Enforcement - anyone over there who has property that is not being properly kept clear - I would like the City to take a look at that. " Commissioner Martinez departed the Meeting at 9:01 p.m. REPORTS 608. Commission Seat Two - Michael S. Blake Commissioner Blake spoke of a previous discussion related to "Underground utilities, and specifically whether or not we were able to require that - the addition of any new or upgraded utilities in this City could be required to be underground, and what I am really looking at here more than anything are your corridor transport lines, the high tension lines." Attorney Garganese stated, "I will report to you in writing on that." Commissioner Blake added, "If it is something you reported on - and you can just get with me personally on it, that will be fine." In regards to Section 20-357. of the City's Code of Ordinances, Commissioner Blake stated, "There are a few other areas in the City - or around the City, that should they come into the City, their developments could well be PUD [Planned Unit Development] type developments; and if so, I would prefer to not have some of the significant issues occur again that we have had in the past." Attorney Garganese stated, "Okay, next Meeting. " .:..:. AGENDA NOTE: THE FOLLOWING REPORT WAS GIVEN NEXT AS DOCUMENTED. .:. .:. REPORTS REPORTS 606. Office Of The Mayor - John F. Bush Mayor Bush referred to an email regarding "The Christmas Dinner." With discussion, Mayor Bush stated, "The Commission at some point, maybe our next Meeting, can decide what to do." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 10,2003 PAGE 22 OF 22 .:. .:. AGENDA NOTE: THE FINAL REPORT WAS HEARD NEXT AS DOCUMENTED. .:. .:. REPORTS REPORTS 608. Commission Seat Two - Michael S. Blake Commissioner Blake suggested the City Commission and the Advisory Board and Committee Members "Go through a Workshop on the Sunshine [Law]." Furthermore, Commissioner Blake suggested that "That we put something together, have the City do it, have one big Meeting where we have an Expert, either the Attorney General can provide some folks I know that are experts on it. Anthony's [Garganese] firm can certainly provide some folks." Commissioner McGinnis said, "I would like to see a Workshop on it." Mayor Bush requested that Manager McLemore "Put together some kind of a recommendation on how we could address this - through the League of Cities." ADJOURNMENT Mayor Bush adjourned the Meeting at 9:12 p.m. APPROVE!?: _/. i- ? ~ "\;(:-~P~ . /. " (~ ~'. . -. .".,., -"" ... :.'" ~ F. Bl:y.gH~ ~~ [ .:" do:.., ~~. ,:;. ;:; YOR--: .,) >.:;;~ '" . - . ., " - ..'. "'.. ;- . r /~7:-" ..... ... -;:- P"'; ... NOTE: These Minutes were approved at the December 8,2003 Regular City Commission Meeting.