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HomeMy WebLinkAbout_2003 05 12 City Commission Regular Minutes CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING MAY 12,2003 CALL TO ORDER The Regular Meeting of Monday, May 12, 2003 of the City Commission was called to order by Mayor John F. Bush at 6:30 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 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, present City Manager Ronald W. McLemore, arrived at 6:31 p.m. City Attorney Anthony A. Garganese, present After a moment of silence, Mayor Bush led the Pledge of Allegiance. Agenda Changes were then discussed. .:..:. AGENDA NOTE: THE FOLLOWING RESOLUTIONS WERE PRESENTED TO THE RECIPIENTS, AT THE SAME TIME. .:. .:. AWARDS AND PRESENTATIONS AWARDS AND PRESENT A nONS 1. A. Office Of The Mayor Presentation Of Resolution 2003-13 To Bob Rucci For His Service On The Winter Springs Paw Park Citizen Advisory Committee. AWARDS AND PRESENT A TIONS 2. B. Office Of The Mayor Presentation Of Resolution 2003-15 To Diane Ferraro For Her Service On The Winter Springs Paw Park Citizen Advisory Committee. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MAY 12,2003 PAGE20F21 City Manager Ronald W McLemore arrived at 6:31 p.m. .:..:. AGENDA NOTE: THE FOLLOWING RESOLUTION WAS NOT ORIGINALLY NOTED ON THE AGENDA, BUT WAS PRESENTED WITH THE PREVIOUSLY NOTED RECIPIENTS. .:. .:. ADD-ON AWARDS AND PRESENTATIONS Office Of The Mayor Presentation Of Resolution 2003-16 To Richard Parsons For His Service On The Winter Springs Paw Park Citizen Advisory Committee. Mayor Bush presented Resolutions in recognition of the meritorious service to the City of Winter Springs by Mr. Bob Rucci, Ms. Diane Ferraro, and Mr. Richard Parsons. PUBLIC INPUT Mr. Bob Rucci, 973 Turkey Hollow Circle, Winter Springs, Florida: spoke of money his organization has raised for the Paw Park; and asked if the temporary Paw Park was going to have a name. Mr. Donald Gilmore, 803 Leopard Trail, Winter Springs, Florida: asked that the City Commission approve Consent Agenda Item "B" and Consent Agenda Item "F." Mr. George Seely, 211 Birch Terrace, Winter Springs, Florida: requested that the City Commission have someone other than the City Manager responsible for the negotiations with the Fire Union. Mr. Paul Starks, 484 Wild Fox Drive, Casselberry, Florida: mentioned that he had previously applied for a Variance to build an Accessory Building and asked about a refund ofthe $500.00 Variance fee. Commissioner David W. McLeod said, "Isn't that still a Variance for a Special Exception - and isn't there $500.00 still attached to it?" Manager McLemore stated, "A Special Exception is required. He just wants to re-file - you won't have to pay it twice." Furthermore, Manager McLemore added, "He would have to bring it back to the Commission as a Special Exception, it's just he wouldn't be required to pay the $500.00 a second time - we would apply it to that Special Exception." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MA Y 12,2003 PAGE 3 OF 21 City Attorney Anthony A. Garganese added, "If it has 'Rural Residential' Future Land Use designation, he would be eligible." Attorney Garganese added, "This application would not be based on the Zoning designation; it's based on Future Land Use designation. Staff is saying, we don't know if he has 'Rural Residential' for a Future Land Use designation - he would need to get that verified first, before he could file an application." Mayor Bush said to Mr. Starks, "Will you just work with Mr. Baker, and he will help you." Mr. Starks said, "I will come and see him." Mr. Eric Esterson, 1235 Myrtle Street, Sanford, Florida: showed a photograph of pipe lines related to the school road entrance and Tuskawilla Road. Discussion. With discussion with Mr. Kip Lockcuff, P.E., Public WorkslUtility Department Director, Commissioner Michael S. Blake spoke about the pipes and inquired, ".. .Are they - built to specs or something that we have in-house that shows they are in a different place than where they are?" Manager McLemore stated, "They are not existing in the ground according to the as-builts." Commissioner Blake then suggested, "There is probably some recourse that we would have on the original developers?" Manager McLemore responded by saying, "That is something the Attorney would have to answer." Commissioner Blake then said, "I don't need an answer to that, just if we can come up with a letter." Commissioner McLeod asked Mr. Lockcuff, "Do you feel it has got to be moved, and if ten feet (10') is the standard for it, and if it is, why wouldn't we have to move it?" Mr. Lockcuff explained that DEP [Department of Environmental Protection] is "Reviewing it, and if they deem something is appropriate to do, they will let us know." Commissioner McLeod added, "Will they give you a letter that it is okay to leave it where it is?" Commissioner McLeod added, "I think that if they say we don't need to do anything, then I would prefer to see that in writing from them, stating that the lines are adequate the way they are presently in the ground." Mr. Moti Khemlani, 605 Morgan Street, Winter Springs, Florida: spoke of his displeasure with a proposed housing development near the Town Center. .:..:. AGENDA NOTE: THE FOLLOWING CONSENT AGENDA ITEMS WERE DISCUSSED NEXT, BUT NOT NECESSARILY IN THE ORDER AS DOCUMENTED. .:. .:. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING- MAY 12,2003 PAGE40F2I CONSENT CONSENT 3. A. Utility Department Requests Authorization For The Replacement And Installation Of Sanitary Sewer Video Equipment From ELXSI d/b/a Cues At A Cost Of $52,899.00 Per Bid #ITB- 010-03mc. CONSENT 4. B. Public Works Department Requesting Authorization To Enter Into A Contract Agreement For Landscape Maintenance Services For Tuscawilla Lighting And Beautification District Maintained Areas Including Winter Springs Boulevard And The Assessment District Entranceways. With discussion, Mayor Bush suggested, "When the maintenance people park their trucks along either Northern Way or Winter Springs Boulevard, I would like to see them put out some cones." Mr. Lockcuff stated, "It is a requirement. We will. make sure they do it." CONSENT 5. C. Public Works Department Requesting Authorization To Enter Into A Contractual Agreement For Street Resurfacing. Discussion. CONSENT 6. D. Public Works Department Requesting Authorization To Execute Supplement 1 To Amendment 72 With CPH Engineers For Construction Administration Of The Town Center Streetscape Project. CONSENT 7. E. Public Works Department Requesting Authorization To Piggyback Off Of The Seminole County Contract For The Study Of The Need And Prioritization Of Deceleration Lanes. With discussion on having the Police Department involved in this effort related to Deceleration Lanes, Mayor Bush asked, "When do we expect to hear back on this? Are we going to hear back in time to get it into this year's Budget?" Mr. Lockcuff said, "Probably not." Manager McLemore suggested, "You can still set money aside for it..." Mr. Lockcuff added, ".. .Not a name - just Decel [Deceleration] Lanes." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MAY 12,2003 PAGE 5 OF 21 Additionally, Commissioner McLeod stated, "I have heard a lot of concerns on the Decel [Deceleration] Lane, if you are coming from Tuskawilla heading west - to be able to turn on Doran Boulevard at the Town Center - there is no Deceleration Lane there." Commissioner McLeod added, "I think that is one that needs to be looked at." CONSENT 8. F. Public Works Department Requesting The City Commission Approve The Transfer Of The Remaining Funds From The TLBD Improvement Account Fund Balance To The Construction Account To Complete The Construction Of The Minor Entranceways. CONSENT 9. G. Office Of The Mayor Resolution Number 2003-18 A Resolution Of The City Of Winter Springs, Florida, Expressing Appreciation To Ken Furth For His Service On The Code Enforcement Board. CONSENT 10. H. Finance Department Requests The City Commission Award A Supplemental Appropriation in the Amount Of $15,000.00 From The General Fund's Fund Balance For Temporary Accounting Services In Connection With Various Special Accounting Projects. CONSENT 11. I. Office Of The City Clerk Approval Of The April 28, 2003 City Commission Regular Meeting Minutes. "MOTION TO APPROVE" CONSENT AGENDA. MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE DEPUTY MAYOR MILLER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MAY 12,2003 PAGE 6 OF 21 INFORMATIONAL INFORMATIONAL 12. A. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. Mayor Bush stated, "I would like to see one thing added to this Information Item - the ongoing efforts by the Attorney to find out who owns Colt Drive." Mayor Bush added, "I would like to see this on there, each time." Deputy Mayor Robert S. Miller spoke about the proposed Dollar General Store and with discussion stated, "With the Dollar Store coming in now, our efforts are not really moving ahead very fast on the renovation of the fourplexes, and I get the distinct impression that we are if not encouraging - we are certainly setting the grounds for a continuation of some of the problems we have had here." Deputy Mayor Miller added "I don't know where we are going with this and maybe we need to have a Workshop and figure out what it is - what we are trying to do on this roadway down here." Furthermore, Deputy Mayor Miller said, "I am beginning to detect a trend, and if Staff is not aware of it, and the City Manager is not aware of it, then I think the City Commission needs to be aware of it." INFORMATIONAL B. Not Used. INFORMATIONAL 13. C. Fire Department Requests That The City Commission Review The Results Of The City Of Winter Springs Employee Blood Drive. INFORMATIONAL 14. D. Parks And Recreation Department Wishes To Inform The City Commission About The Senior Transportation Program. "I WOULD LIKE TO MAKE A MOTION TO APPROVE THE INFORMATIONAL AGENDA." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING- MAY 12,2003 PAGE 7 OF 2\ VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. PUBLIC HEARINGS PUBLIC HEARINGS 15. A. Community Development Department - Planning Division Presents To The Commission, In Its Capacity As The Development Review Committee (DRC) The Recommendation Of The Staff DRC As It Relates To The Request Of Leslie's Poolmart, Inc. For A Special Exception To Allow A Permanent Window Display Along A Portion Of Its Store Frontage Along State Road 434 In Building 8 Of The Town Center. Ms. Eloise Sahlstrom, AICP, AS LA, Senior Planner, Community Development Department presented her introductory remarks to the City Commission regarding this Agenda Item. Mayor Bush opened the "Public Input" portion of this Agenda Item. Mr. Daine Nape, 7 Wildwood Trail, Ormond Beach, Florida: as the General Contractor, Mr. Nape spoke of agreeing with Ms. Sahlstrom and said that Leslie's Poolmart, Inc. will do a good job. The "Public Input" portion of this Agenda Item was closed. Discussion ensued on the proper Development Review Committee (DRC) process. Commissioner Blake stated, "The Commission is of course the DRC [Development Review Committee] in the Town Center - it didn't say 'Staff.'" Furthermore, Commissioner Blake pointed out, "The Code clearly states that the first review shall be with the DRC [Development Review Committee], which is the Commission." Tape I1Side B Commissioner Blake then said "What we are talking about here is if it is a Special Exception - if it is something that requires a Special Exception and we have a written point by point procedure that is required. First, Staff should have made sure that that procedure was followed, and not read something into the language that is not simply there." Further, Commissioner Blake inquired, "Are we able to render an opinion on this or take a final action without the application being completed as required by the Code?" CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MA Y 12,2003 PAGE 8 OF 21 Discussion. Attorney Garganese said, "You are correct, the Code should probably be amended to say when applicable, when relevant, the following should be submitted..." With further discussion, Attorney Garganese stated, "I will add this to the list of the Town Center Code revisions." Manager McLemore suggested, "Direct us to correct the flaw in the Ordinance, making it consistent with the Resolution." Discussion. "I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE ITEM 'A' WITH A PROVISIO THAT THE APPLICANT ENTERS INTO AN AGREEMENT WITH THE CITY OF WINTER SPRINGS SPECIFICALL Y STATING THEIR INTENT AND PURPOSE OF THIS DISPLAY WINDOW." MOTION BY COMMISSIONER MARTINEZ. MOTION DIED FOR LACK OF A SECOND. "I WOULD LIKE TO HAVE THIS TABLED UNTIL THE NEXT MEETING. I WOULD LIKE TO SEE AN AGREEMENT THAT THERE IS NOT ANY ADVERTISING ALONG THE LINES THAT I AM CONCERNED ABOUT - THAT WOULD BE MY CONCERN, AND I WOULD LIKE TO SEE THAT INCORPORATED IN THE VERBIAGE I BROUGHT BACK." MOTION BY DEPUTY MAYOR MILLER. MOTION DIED FOR LACK OF A SECOND. "I WOULD LIKE TO MAKE A MOTION THAT THE COMMISSION GRANT A SPECIAL EXCEPTION TO THE APPLICANT BASED ON THE DOCUMENTS PROVIDED DURING THE INITIAL SITE PLAN FOR THE DEVELOPMENT OF - BUILDING 8; AND - I WOULD LIKE TO HAVE SOME LANGUAGE IN THERE SUBJECT TO THE CORRECTIVE ACTION BEING TAKEN BY THE COMMISSION ON THE PROCEDURAL PROBLEMS IN THE ORDINANCE." MOTION BY COMMISSIONER BLAKE. COMMISSIONER BLAKE ADDED, "THE PROCEDURAL ISSUES IN THE ORDINANCE BEING - CORRECTIVE ACTION BEING INITIATED." MANAGER McLEMORE STATED, "I THINK WE GET WHAT COMMISSIONER BLAKE WANTS BY SIMPLY GIV][NG US A DIRECTIVE TO BRING BACK THAT TO YOU - TO BRING BACK THE AMENDMENTS TO THE CODE TO YOU." MAYOR BUSH STATED, "I THINK WHAT COMMISSIONER BLAKE IS ASKING - HE WANTS TO PRODUCE A MOTION THAT WOULD APPROVE THIS BUT AT THE SAME TIME CLEAN UP THE CODE SO THAT IT IS ACCURATE AND THAT STAFF HANDLES IT." COMMISSIONER BLAKE ADDED, "AS LONG AS STAFF INITIATES THE PROCESS TO FIX THE CODE - I THINK AS PART OF THIS MOTION." ATTORNEY GARGANESE SAID, "IF YOU GET SUPPORT FOR THAT CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MA Y 12, 2003 PAGE 9 OF 2] MOTION, THEN YOU HAVE A PENDING ORDINANCE IN PLACE, THEN WE WILL MOVE AND GET THAT OFF BEFORE YOU ASAP." SECONDED. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE DEPUTY MAYOR MILLER: NAY COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MARTINEZ: NAY MOTION CARRIED. REGULAR REGULAR 16. A. Community Development Department - Arborist Division Recommends The City Commission Consider The Request Of Mr. Michael Gerken To Remove 1 Specimen Pond Pine, Approximately 26 Inches In Diameter. Mr. Michael Gerken, 1114 Shadowbrook Ttrail, Winter Springs, Florida: addressed the City Commission regarding this Agenda Item and his property. Mr. Michael Mingea, ArboristlEnvironmental Inspector, Community Development Department spoke on this Agenda Item. Discussion. "I MAKE A MOTION TO DENY - FOR THE REASONS STATED ON THIS." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY DEPUTY MAYOR MILLER. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MAY 12,2003 PAGE 10 OF 21 REGULAR 17. B. Community DevelopmeDt Department Requests The City Commission Remove From The Table And Consider A Request By Tuskawilla Office Park, LLC, For An Amendment To The Existing Development Agreement To Accommodate The Entrance Features And Associated Sign age For The Tuskawilla Office Park. Brief discussion. A recess was called at 7:44 p.m. The Meeting reconvened at 7:55 p.m. MOTION TO TAKE OFF THE TABLE. MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. The City Commission and Manager McLemore reviewed a Memorandum written by Manager McLemore, (item by item). With discussion, Manager McLemore stated, "We have to accept the site improvements before they could move forward.. ." Commissioner McLeod added, ". ..Any additional buildings..." Manager McLemore agreed and said, " Right" ... . Much discussion ensued on the removal of trees. Commissioner Blake suggested, "The trees that were not on the tree survey, that were not on the site plan, that were not part of this development at all, that have been killed due to the process, should be dealt with separately." Attorney Garganese said, "That is not on the subject property; that is not on the Tuskawilla Office Park - I don't think the Agreement addresses that." Commissioner Blake then said, "If construction has injured trees off property, it is not in here - there needs to be something done to replace those trees or to make some amends for those trees that are damaged, and that is over and above, and in addition to the forty-five foot (45') requirement of Oak Trees." Commissioner Blake then inquired, "What is going to cure that defect at this point in time?" Mayor Bush asked Attorney Garganese, "Does this Development Agreement override the Tree Ordinance?" CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MAY 12, 2003 PAGE I] OF21 Discussion. Tape 2/Side A Discussion ensued on ponding behind homes. Commissioner McLeod stated, "If that continues to be a problem, who is going to address it? If we continue to get water on those folks property over there, who is going to address the issue?" Mr. Lockcuff stated, "It depends on the soUrce of the water. If the water is coming from their lot and can't make it to the wall, then it is the property owners responsibility." Commissioner McLeod said, "I would agree with you if it doesn't make it to the wall. But, if it makes it to the wall, and we start getting ponding from the wall coming back, who's responsibility should that be?" Manager McLemore said, "I think the main thing would be to check it and make sure the swale hasn't been filled." Commissioner McLeod stated, "It was also agreed upon that the Developer would get with the homeowners and the Developer would, with the Homeowner's place those trees on their property, whether it was forty-five feet (45'), forty feet (40'), they would make some adjustment to other things they had on that property and if you go back to the record, and you go back to the tapes, you will find that to be the facts." Manager McLemore said, "I would have to go back and check." Commissioner McLeod then stated, "If it is in the tape in that fashion, and we have got a couple of Homeowner's that have some problems - are we going to correct those? Will the Developer move those trees for that Homeowner?" Furthermore, Commissioner McLeod stated, "The Developer stood up here and agreed to us that if that Developer working with the Homeowner, found there to be a problem with the tree, the tree placement, they would work with the Homeowner and place that tree." In the future, everything you bring up and you say, 'Well, the Developer says this and the Developer gets up and says that' - then I will tell you in the future we will have it in black and white and in writing and signed off by everybody before we go forward.. I do not want to stop the process here. We need to go back and listen to the tapes and if that is what that Developer said, then I expect that Developer to live up to it." Manager McLemore then said, "If that is on the record, absolutely." Commissioner McLeod added, "I think you need to go back and check the record." Manager McLemore stated, "With these trees, I don't know why our Arborist can't work with these people to put trees in their back yard, take the trees out of the Tree Bank - if they want two (2) or three (3) trees in their back yard. But, if we take it out of the tree bank, I think they should be willing to dig a hole and put them in there." Manager McLemore added, "I would suggest again that we work with the Homeowner's - from the Tree Bank." Mayor Bush stated, "I think that is a good recommendation. Let the Arborist work with the Homeowner's, see if they wish to pick some other trees from the Tree Bank." Mayor Bush then said the Mr. Mingea, "You said we need diversity of trees in the City and this would be a good way to start the diversity effort." CITY OF WfNTER SPRfNGS MINUTES CITY COMMISSION REGULAR MEETING - MAY 12, 2003 PAGE 12 OF 21 Commissioner McLeod suggested, "I am not willing to go to that point yet. Again, if the Developer had an obligation, I just ask for that obligation to be filled by the Developer." Mayor Bush added, "I think this is in addition." Commissioner McLeod added, "I think it is a commendable idea at some point down the road, if we still have the noise problem over there, we can work with the people." Commissioner Edward Martinez, Jr. spoke of agreeing with Commissioner McLeod and stated, "I think we should hold back on any further expenses." Regarding the previously mentioned tree issue, Attorney Garganese stated, "The Commission wants to know if there is any Arbor Ordinance provision that would require the Developer to replace a tree that is destroyed during construction, when that tree is located on a neighbor's property? The Ordinance doesn't specifically address the neighbor's property. It is very broad. It simply says, 'Each tree destroyed or receiving major damage during construction, must be replaced by either a comparable size and desirable type of tree as listed in Appendix B, or four (4) replacement trees before issuance of a Certificate of Occupancy or Certificate of Completion.' Very broad. I don't know if the construction actually caused the damage of the tree on the neighbor's property? If it has, arguably, this section that I just read to you in the Arbor Ordinance could apply in a Code Violation setting." Discussion. "MOTION TO APPROVE ITEM 'B.'" MOTION BY DEPUTY MAYOR MILLER. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: DEPUTY MAYOR MILLER: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: NAY COMMISSIONER BLAKE: NAY COMMISSIONER McGINNIS: AYE MOTION CARRIED. Further discussion ensued on what lighting was approved and the tree issue. Mayor Bush added, "I think one of the things out of this discussion though is the question - and the Attorney mentioned this - is if we have a Code Enforcement problem with the destruction of the trees on the Homeowner's property, that still hasn't been answered - at some point that needs to be answered." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MAY 12, 2003 PAGE 13 OF 21 REGULAR 18. C. Office Of The City Manager Requests That The City Commission Consider Several Dates For An Additional Meeting To Replace The Second May Meeting Which Falls On Memorial Day - And Is A Holiday. Discussion. "I MOVE WE MEET ON THE 27TH" OF MAY. MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: NAY COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE DEPUTY MAYOR MILLER: AYE MOTION CARRIED. Mayor Bush said to Deputy Mayor Miller, "You will have to run that Meeting." REGULAR 19. D. Community Development Department - Planning Division Presents To The Commission, A Request To Waive Application Fees For Signage Setback Variances In The State Road 434 Corridor Overlay District Where The Existing Signage Is Compliant With The Code Except For The Setback Provision And Where Compliance With The Setback Provision Creates An Unnecessary Hardship On The Applicant. "I MOVE THAT WE APPROVE ITEM 'D' - A REQUEST FOR WAIVER." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: NAY DEPUTY MAYOR MILLER: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETIN.G - MAY 12,2003 PAGE 14 OF 21 REGULAR 20. E.Office Of The City Clerk Requests That Commissioner David W. McLeod Make An Appointment To The Board Of Adjustment. "I WOULD LIKE TO MAKE THAT MOTION AT THIS TIME FOR SHARON TACKABERRY" TO BE APPOINTED TO THE BOARD OF ADJUSTMENT. MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: DEPUTY MAYOR MILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. REGULAR 21. F. Office Of The City Manager Requesting The City Commission To Adopt Resolution Number 2003-19 Renaming Hickory Grove Road In The Town Center To Blumberg Boulevard. Mayor Bush - read a letter dated May 9, 2003 from Ms. Juanita Blumberg into the record, in support of the proposed Resolution. "MOTION TO APPROVE ITEM 'F.'" MOTION BY DEPUTY MAYOR MILLER. SECONDED. DISCUSSION. MANAGER McLEMORE STATED, "THIS NAME WAS SUBMITTED TO THE COUNTY UNDER OUR INTERLOCAL AGREEMENT. THEY HAVE COME BACK AND SAID WE WILL GO ALONG WITH THE BLUMBERG DRIVE, BUT WE DON'T WANT BLUMBERG BOULEVARD, BECAUSE IT DOESN'T MEET OUR STANDARDS FOR A BOULEVARD." Discussion. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR MILLER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MAY 12, 2003 PAGE 15 OF 21 REGULAR 22. G. Office Of The City Manager Requesting The City Commission To Approve An Amendment To The Development Agreement Between J.D.C. Calhoun And The City Providing For The Phased Construction Of Building One Of The Doran Development Based Upon The Conditions Provided Herein. Manager McLemore introduced this Agenda Item. Commissioner McLeod said, "If you go to your Recommendation, and I think this is more of a clerical thing Ron [McLemore] - if you go to e) - you are calling for all temporary and permanent walls to be 'Two-hour fire rated walls' - I believe you are not talking about the exterior walls of this building - it doesn't say that. What you are trying to say here is all temporary and permanent and tenant divide walls right, because not all interior walls either have to be fire rated." Manager McLemore stated, "Where fire rating is required." Mr. Shane Doran, James Doran Company, 216 Seven Farms Drive, Suite 200, Charleston, South Carolina: addressed the City Commission. Tape 2/Side B Discussion. In response to Deputy Mayor Miller's inquiry about Mr. Doran's intent, Mr. Doran stated, "It is certainly my intent to have some occupied buildings on Main Street." Commissioner McLeod asked Mr. Doran, "How many square feet is that Building 1?" Mr. Doran stated, "Per the Agreement, 36 and change - 36,000." Mr. Doran added that "The footprint is 18,000 and change." Commissioner McLeod then inquired, "So which is the Development Agreement, 36 [thousand] or 18 [thousand]?" Mr. Doran responded, "36 [thousand]." Commissioner McLeod pointed out, "That would tend to indicate there was a second floor." With discussion, Commissioner McLeod said to Manager McLemore, "I think the thing that you just have to make sure is that the plans - that an Engineer signs off on this, and that is where you have got this language in here, it is from our discussion - that in the future, that a second floor could be put in the building, at a later date; and that an Engineer signs off that the wall structure and the roof structure of the building is substantial to carry the building as a two story' open building, and at a later date, could have the floor put in it." Discussion. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MAY 12, 2003 PAGE 16 OF 2\ Commissioner McLeod said to Mr. Doran, "Would you agree to this type arrangement if Building 1, say it was to be able to be built with true two story availability, finished walls from floor to the roofline?" Commissioner McLeod added, "So we would finish all the way up, however, Buildings 2, 3, and 4, other than an entry feature that would be two stories would be built with true two story occupancy, with floors in them?" Mr. Doran responded, "I would be open to a discussion of that, but we would have to revisit the parking, we would have to revisit the whole agreement." Furthermore, Mr. Doran stated, "I always have been open and I certainly plan on a lot of the buildings being occupied." Commissioner McLeod pointed out, "At the present time, there definitely is Building 2 and 3, to the best of my knowledge - at least those two (2), and I believe [Building] 4 - were all part of the original Agreement that they were to have two stories." Mr. Doran said, "The two story definition is not Building 1 specific - you are correct, they are two story buildings, just like [Building] 1. They are exactly the same as 1. 1, 2, 3, and 4 are the ones under this definition." Mr. Charles Carrington, Esquire, Greenberg Traurig, P.A., 450 South Orange Avenue, Suite 650, Orlando, Florida,' addressed the City Commission. Discussion. As Commissioner Blake and Mr. Doran reviewed the following points, Mr. Doran stated, "a) and b) appear conceptually okay. c) is a problem for reasons stated before, it only speaks to a restaurant." Mr. Doran then stated, "d) on first read, it appears that it may be acceptable. It says shall not require Commission approval. If it helps things move forward, that is great." Next, Mr. Doran said, "The two hour fire wall - I am frankly a little confused on that. I thought that was only if a restaurant was next to it or something. Is that just in general, two hour fire wall is the rating? That is fine." Continuing on, Mr. Doran stated, "f) is a problem in that it says, sprinkler system 'Shall be constructed to meet the maximum potential build-out of the building as determined by the fire Marshall. '" Mr. Doran further explained that "You have got to address what I am applying for in my opinion, I don't think that is relevant. g) I think has already been taken care of by my engineers; and h) - the only problem that I would have with that conceptually, once again, maximum build-out .and we would have to define what that is. There may be a closet that is not air-conditioned, an equipment room. Sometimes, elevators aren't. I would be leery to agree to that without having my folks look at it, but in concept I am okay with that. I understand the intent." Tape 3/Side A Commissioner McLeod suggested, "The only other alternative Commissioners that I would look at, that we would get a commitment that Buildings 2, 3, and 4 are going with the two story floors in them." Furthermore, Commissioner McLeod stated, "Building 2 and 3 should be required to have the full two stories other than the atrium, and I wouldn't be quite as opposed to this building being built as a spec building driven by the Developer." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MAY 12,2003 PAGE 17 OF 21 Mr. Doran stated, "We all have the same vision for Main Street. For the record, it is not my intention to do them all that way, but I think I have the right to do that." Additionally, Mr. Doran stated, "I am open to tightening up in Building 2. I can tell you my intentions are, and I even have permanent drawings - from day one, have the second story an occupied office, but I have to be careful on the record." A recess was called at 9:57p.m. The Meeting reconvened at 10:00 p.m. "I WOULD LIKE TO MAKE A MOTION AT THIS TIME THAT WE DO ALLOW THE DEVELOPER TO BUILD-OUT THE BUILDING 1 AS A - TWO STORY BUILDING, POTENTIALLY WITHOUT AN INTERMEDIATE FLOOR BETWEEN THE TWO STORIES. HOWEVER, THE WINDOWS HAVE TO BE .REAL WINDOWS IN THE SECOND STORY. THE BUILDING HAS TO BE ABLE TO ACCOMMODATE IN THE FUTURE, THAT IF THE MARKET DRIVES IT TO BE ABLE TO HAVE A SECOND STORY FLOOR THAT IT BE PUT IN IT; AND ELEVATOR SHAFTS TO BE PUT IN IT, SO THAT IT COULD BE CONVERTED BACK QUITE SIMPLY. IT WOULD NEED TO BE BUILT UNDER THE RECOMMENDATIONS OF THE a) AND THE b) AND c) THAT I JUST PRETTY WELL OUTLINED. d), I HAVE NOT GOT A PROBLEM WITH - WITH THE EXCEPTION THAT THE DEVELOPER ALWAYS HAS THE RIGHT TO COME BACK BEFORE THIS COMMISSION IF HE CANNOT GET IT RESOLVED BETWEEN THE CITY MANAGER AND STAFF. e) - WE COVERED EARLIER THAT THE INTERMEDIATE DIVIDE WALLS MUST MEET THE FIRE RATING OF TWO HOURS. THE SPRINKLER SYSTEM OF THE SHELL SHALL BE CONSTRUCTED TO MEET THE BUILDING AS DETERMINED BY THE FIRE MARSHALL - NOT THE MAXIMUM POTENTIAL. I THINK AS LONG AS YOU HAVE AMPLE WATER SUPPLY TO THE BUILDING, THEN THE SPRINKLER SYSTEM LATER CAN BE UPGRADED FOR THAT. THE WALLS AND FOUNDATIONS OF g) I TOTALLY AGREE TO AS IN OUR HANDOUT; AND THE h), HOWEVER, THE MAXIMUM POTENTIAL BUILD- OUT OF THE BUILDING FOR THE AIR CONDITIONING - AS YOU AIR CONDITION A BUILDING OF THAT NATURE, AND YOU SEE THE HIGH CEILINGS, AND YOU SEE THE AIR DUCTS DOWN AT ABOUT TWELVE FEET (12') RATHER THAN BACK UP AT THE EIGHTEEN FOOT (18') LEVEL - IT IS BECAUSE THE AIR WILL BECOME STAGNANT IN THE HIGHER PART OF THE BUILDING AND YOU REALLY DO NOT HAVE TO ADDDRESS THAT FROM AN ENERGY STANDPOINT OF TRYING TO CONDITION THAT SPACE, BUT AS LONG AS THE BUILDING IS ADEQUATELY DESIGNED TO BE ABLE TO ADD ADDITIONAL AIR CONDITIONING IN THE FUTURE,rTHERE SHOULD NOT BE A PROBLEM WITH IT AND THAT IS THE SAME CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MAY 12, 2003 PAGE 18 OF 21 WAY - THE BIGGER QUESTION IS DOES IT HAVE ADEQUATE POWER FOR FUTURE AIR CONDITIONING. ALONG WITH THAT CAVEAT, I WOULD THEN WANT TO HAVE BUILDINGS 2, 3, AND 4 - BUILT AS TWO STORY BUILDINGS, OTHER THAN THE ATRIUM AREAS." MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. "I WOULD LIKE TO MAKE AN AMENDMENT TO THE MOTION SPECIFIC TO THE DISCUSSION OF ONE STORY OR TWO STORIES AND THE AMENDMENT WOULD ALLOW - THE ABILITY OF THE BUILDING TO HAVE A TWO STORY ATRIUM USE FOR THOSE AREAS WHERE THE USE IS AS A RESTAURANT ON BmLDING 1. REMAINING AREAS MUST BE TWO STORIES FLOORED .oUT IN BmLDING 1." AMENDMENT TO THE MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR MILLER. DISCUSSION. MR. DORAN STATED, "I WOULD LIKE TO RESPECTFULLY REQUEST A CONTINUANCE." MR. DORAN ADDED, "I WOULD LIKE TO COME BACK IN TWO (2) WEEKS WITH A PROPOSAL THAT I THINK WOULD ACCOMMODATE EVERYONE." "MOTION TO TABLE." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: (ON THE MOTION TO TABLE) COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MARTINEZ: AYE DEPUTYMAYORMILLER: AYE MOTION CARRIED. REGULAR 23. H. Office Of The City Manager Requesting The City Commission To Authorize The City Manager And City Attorney To Notify Centex Homes Of A Default Of The Development Agreement Between Centex And The City Relative To The Preservation Of Trees, And To Negotiate A Settlement Agreement To Cure The Default. Mr. Scott Clark, Esquire, 655 West Morse Boulevard, Winter Park, Florida: introduced himself to the City Commission. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MA Y 12,2003 PAGE 19 OF 2] Manager McLemore reviewed this Agenda Item. With discussion, Mr. Clark explained his client's position and noted that there were only 135 trees in question, not 344. Tape 3/Side 8 Further discussion. Mr. Patrick J. Knight, Centex Homes, Division President, 385 Douglas Avenue, Suite 2000, Altamonte Springs, Florida: addressed the City Commission. Mr. Derek Henry, Centex Homes, Development Manager, 385 Douglas Avenue, Suite 2000, Altamonte Springs, Florida: also was available to the City Commission. Discussion. Commissioner Martinez said to Attorney Garganese, "I think that the quickest solution to this problem here tonight is to authorize you to send a letter; and that will give them and the City Manager, as you say here, thirty (30) to 120 days to cure this." Attorney Garganese stated, "We would enter into some sort of discussion to try to cure what I believe is a breach." Commissioner Martinez then stated, "I recommend to the Commission that they consider your recommendation in order to remove this Item from the Agenda tonight and let it work its course between Staff and them, and then bring it back to us for a final decision." Attorney Garganesebriefly spoke for the record and for the Court Reporter (in attendance) about Mr. Mingea's actions; tree replacements; and tree credits. With discussion, Commissioner Blake said, "Now, the question as to whether there were 344 trees or 135 trees, I think is an important question that we need to get to the bottom of." Commissioner Blake added, "As the trees are gone, and as I am certain that the recalculation of trees occurred after the trees were removed, I think we need to be very careful at what methods we use to check either the 344 or the 135 number, to try and ascertain which number may be more correct. So as we go forward, Mayor, I think we need to make sure that we carefully count the number of trees that may have been removed as well." Commissioner Martinez departed the Meeting at 11 :02 p.m. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MAY 12, 2003 PAGE 20 OF 21 "I WOULD LIKE TO MAKE A MOTION THAT WE DIRECT THE CITY MANAGER AND THE CITY ATTORNEY TO NOTIFY CENTEX HOMES OR THE APPROPRIATE INDIVIDUALS AT THE DEVELOPMENT IN QUESTION, THAT - THEY ARE IN DEFAULT OF THE AGREEMENT AND TO ENTER INTO NEGOTIATIONS FOR A CURE." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE DEPUTYMAYORMILLER: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. ADJOURNMENT The Meeting was Adjourned at 11 :08 p.m. .:..:. AGENDA NOTE: THE FOLLOWING REPORTS WERE NOT DISCUSSED DURING THIS MEETING. .:..:. REPORTS REPORTS 24. A. City Attorney - Anthony A. Garganese, Esquire REPORTS 25. B. City Manager - Ronald W. McLemore REPORTS 26. C. City Clerk - Andrea Lorenzo-Luaces REPORTS 27. D. Commission Seat Five - David W. McLeod REPORTS 28. E. Commission Seat One/Deputy Mayor - Robert S. Miller CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MA Y 12,2003 PAGE 21 OF21 REPORTS 29. F. Commission Seat Two - Michael S. Blake REPORTS 30. G. Commission Seat Three - Edward Martinez, Jr. REPORTS 31. H. Commission Seat Four - Sally McGinnis REPORTS 32. I. Office Of The Mayor - John F. Bush RESPECTFULLY SUBMITTED: NZO-LUACES, CMC APPROVED: .?,~ ..: " ' , ''',,,- ~',~" - ,'~ ::--~. "J:;~"~ ~ ~ .:':" UY::~ -- ~ ::~=,- :... " J011 F. BUSH:.':;:. ~ ./ .OR ...:=''r /:.-,: ~:' , .,... '.. (~,,- , - ......:' ~ </~4- ~'. -'. ...-... "':,,"':. ."'-:;~~ . J r.~ ~ .,'", "" -~ . ., .~ NOTE: These Minutes were approved at the June 9, 2003 Regular City Commission Meeting.