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HomeMy WebLinkAbout_2003 01 13 City Commission Regular Minutes CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING JANUARY 13,2003 CALL TO ORDER The Regular Meeting of January 13, 2003 of the City Commission was called to order by Mayor John F. Bush at 6:57 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 Commissioner 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 7:00 p.m. After a moment of silence, the Pledge of Allegiance was recited. A brief discussion of Agenda Changes followed. City Attorney Anthony A. Garganese arrived at 7:00 p.m. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 2. A. Office Of The City Manager Presentation Of Employee Recognition Awards To City Of Winter Springs Employees. Mayor Bush, City Manager Ronald W. McLemore, and Members of the City Commission presented Employee Recognition Awards to the following City of Winter Springs employees: 5 Years Of Service: Mr. Darrell L. Brewer, Jr., Police Department; Mr. Brad Dula, Police Department; Ms. Amy Lovingfoss, Police Department; and Mr. Dave R. Smith, Police Department. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 13,2003 PAGE 2 OF 21 10 Years Of Service: Mr. John Bailes, Fire Department; Mr. Jeffrey McCall, Fire Department; Mr. James M Reilley, Fire Department. 15 Years Of Service: Mr. Forrest L. Askew, Public Works Department; Ms. Sharon Banninga, Police Department; Mr. Robert W Cable, Police Department; Ms. Joanne Dalka, Information Services Department; Mr. Pete Wiggins, Stormwater Department. 20 Years Of Service: Mr. Robert Beck, Fire Department. Next, a Birthday Cake was presented to Commissioner Sally McGinnis in honor of her Birthday. Mayor Bush called a recess at 7: 1 0 p.m. The Meeting was called back to order by Mayor Bush at 7:21 p.m. 3. PUBLIC INPUT Ms. Diane Black, 861 Big Buck Circle, Winter Springs, Florida: spoke of having Breast Cancer; commented on her upcoming 5K Run/Walk at Central Winds Park which is to be held on Sunday, April 13, 2003; asked for traffic control assistance from the Winter Springs Police Department; and also asked for financial support, volunteers, and participants. A packet of information was handed out to the Mayor and Commission. Ms. Black asked that Mayor Bush kick off this event. Commissioner Edward Martinez, Jr. stated, "May I suggest that you possibly declare a Proclamation for that day." Mayor Bush responded, "Be glad to do that." Additionally, Mayor Bush suggested this information be included in the City's newsletter. Manager McLemore stated, "Sure." Ms. Judy Benson, 1212 Orange Avenue, Winter Springs, Florida: spoke about the Borrow Pit issue and the proposed fill. Mr. MJ Soileau, 100 Tuskawi/la Road, Winter Springs, Florida: also remarked about his concerns with the Borrow Pit issue; the planned use of Orange Avenue; and the proposed Performance Bond. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 13,2003 PAGE 3 OF 21 Mr. David Gorski, 150 North Fairfax Avenue, Winter Springs, Florida: spoke of recently going before the City's Code Enforcement Board regarding his commercial vehicle. Attorney Garganese advised the City Commission that "Any appeals from the Code Enforcement Board are to the Circuit Court and not before the Commission." Mr. Byron Giltz, 1001 Troon Trace, Winter Springs, Florida: spoke about his concern with requests of the Police Department and Fire Departments and asked that their concerns be given top priority. Ms. Jackie Lein, 11 73 East Winged Foot Circle, Winter Springs Florida: spoke on behalf of the "People For Good Government" organization about the City Manager's interest in getting into a different Pension Plan and cited a similar Florida case. Mayor Bush recognized former Mayor Phil Kulbes who was in the audience. .:. .:. AGENDA NOTE: DISCUSSION REGARDING SOME OF THE FOLLOWING CONSENT AGENDA ITEMS ARE DOCUMENTED, BUT NOT NECESSARILY IN THE ORDER AS DISCUSSED. .:. .:. CONSENT CONSENT 4. A. Parks And Recreation Department Requesting The City Commission To Authorize The City Manager To Execute The Agreement Between The City Of Winter Springs And Cox Entertainment For July 4, 2003, Entertainment And Concessions. CONSENT 5. B. Public Works Department Requesting Authorization To Execute Supplement 2 To Amendment 64 - Construction Administration Services For Tuskawilla (Main Street) And Hickory Park Grove Bouleyard With Conklin, Porter & Holmes Engineers, Inc. CONSENT 6. C. Utility Department Requesting Authorization To Hire Azurix North America To Perform Sanitary Sewer Line Rehab By Piggybacking Off Broward County BCOES Project Number 8548. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 13,2003 PAGE40F21 CONSENT 7. D. Public Works Department Requesting Authorization To Upgrade The Streetlights In The Highlands. CONSENT 8. E. Public Works Department Requesting Authorization To Enter Into A Contract Agreement For Landscape Maintenance Services For Rights Of Way And Ponds. CONSENT 9. F. Public Works Department Requesting Authorization To Enter Into A Contract Agreement For Landscape Maintenance Services For Facilities. CONSENT 10. G. Community Development Department Requesting Commission Approval And Acceptance Of The Improvements (Potable Water And Sanitary Sewer) Located At JDC Calhoun Town Center Phase II To Be Dedicated To The City For Ownership And Maintenance. CONSENT 11. H. Public Works/Utility Department Requesting Authorization To Purchase Two (2) Vehicles By Piggybacking Off Of Florida Sheriff's Association Bid Number 02-10-0826. CONSENT 12. I. Police Department Requesting Commission Approval And Acceptance Of Bid Proposal Number ITB 005/03/RH By Mears Motor Leasing For Twenty (20) Police Vehicles. Discussion ensued with Chief of Police Daniel J. Kerr on the possibility of purchasing twenty-eight (28) vehicles. Commissioner Michael S. Blake stated, "I am going to ask that we pull this from the Consent Agenda and handle it separately." Mayor Bush inquired, "At this Meeting?" Commissioner Blake said, "Yes." CITY OF WINTER SPRfNGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 13,2003 PAGE 5 OF 2] CONSENT 13. J. Office Of The City Clerk Approval Of The December 9, 2002 City Commission Regular Meeting Minutes. Commissioner Martinez stated, "My question is to the City Manager - according to the Minutes of the last Meeting, there was a Motion to approve an issue dealing with the Tuscawilla Beautification Project and - it was approved contingent upon the fact - a Motion by Commissioner Blake that this had to be completed by the next regularly scheduled Commission Meeting, which is today; or the Manager and the Contractor will have to come back before us to explain why. Has that been done?" Manager McLemore responded, "We are prepared to talk to you about that tonight." Mayor Bush stated, "It is on page 6 of the Minutes." Mayor Bush then stated, "We will discuss it later, but the Minutes are not incorrect?" Commissioner Martinez agreed and clarified, "The Minutes are not incorrect." CONSENT 14. K. Office Of The City Clerk Approval Of The December 16, 2002 City Commission Special Meeting Minutes. Mayor Bush stated, "Items D' and 'I' will be pulled and handled during the Regular Meeting. " "MY MOTION WOULD BE TO APPROVE THE CONSENT AGENDA, LESS ITEMS 'D' AND 'I.'" MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR MILLER: AYE MOTION CARRIED. .:. .:. AGENDA NOTE: THE FOLLOWING CONSENT AGENDA ITEM WAS PULLED OFF THE CONSENT AGENDA FOR INDIVIDUAL ACTION AND DISCUSSED NEXT, AS DOCUMENTED. .:..:. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 13,2003 PAGE 6 OF 21 CONSENT 7. D. Public Works Department Requesting Authorization To Upgrade The Streetlights In The Highlands. With discussion, Manager McLemore suggested, "The better approach would be to do what we are doing for Stone Gable and that is where Stone Gable pays the full amount, then we reimburse them for the differential, and it is just set up as a payable in our accounting, and they automatically get their funds and that I think would be the better situation for the City in terms of assuring that we are not put in the position of going to collect the money. That would be the alternative to what is recommended in here, that we would like for you to consider." Commissioner Blake inquired of Manager McLemore, "We would make that payable prior to the due date, not in arrears?" Manager McLemore stated, "That is something we would have to check." Tape I/Side B Commissioner Blake then stated, "So if we did it that way, and I think we should, then I think we should do it so that the City has remitted our portion to the HOA [Homeowner's Association] - ten (10) days or so prior to the due date of the bill, in order to give them turn around time." Manager McLemore stated, "We will work those details out." Mayor Bush then remarked, "The Homeowner's Association - have you talked with them today to let them know?" Manager McLemore stated, "We can sit down with them and work through this with them." Ms. Helga Schwarz, 720 Galloway Court, Winter Springs, Florida: as the President of the Highlands Homeowner's Association, Ms. Schwarz stated, "The Highland's would be willing to work the City to establish a payment of the bill, and if we have to have it done in arrears, that would be fine. We do carry a certain amount of reserves, operational reserves at all times." Ms. Schwarz then said, "I would like to work towards having the payroll come to us prior to the bill being due, if possible." Manager McLemore remarked, "I would like to check with our Finance Officer and see if there are any legal issues here of paying without an invoice, but I think by Agreement that would probably be okay, as long as there is a written Agreement." Manager McLemore clarified that "You would pay the entire bill and we would remit our portion to you monthly." Ms. Schwarz stated, "We can work that out." "I WOULD LIKE TO MAKE A MOTION WE DIRECT THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE HIGHLANDS HOMEOWNER'S ASSOCIATION TO PROVIDE FOR PAYMENT OF THE CITY'S PORTION OF THE STREETLIGHTING." MOTION BY COMMISSIONER BLAKE. SECONDED. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 13,2003 PAGE 7 OF 21 MAYOR BUSH STATED, "I THINK IT IS IMPORTANT THAT THE CITY GET THEIR MONEY TO THE HIGHLANDS IN A TIMELY MANNER. IS THAT JUST UNDERSTOOD?" MANAGER McLEMORE STATED, "SURE." VOTE: DEPUTY MAYOR MILLER: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. .:. .:. AGENDA NOTE: THE FOLLOWING CONSENT AGENDA ITEM "I" W AS PULLED OFF THE CONSENT AGENDA FOR INDIVIDUAL ACTION AND DISCUSSED NEXT, AS DOCUMENTED. .:..:. CONSENT 12. I. Police Department Requesting Commission Approval And Acceptance Of Bid Proposal Number ITB 005/03/RH By Mears Motor Leasing For Twenty (20) Police Vehicles. Discussion. "I WOULD LIKE TO MAKE A MOTION THAT WE DIRECT THE CITY MANAGER TO ENTER INTO AN AGREEMENT TO PURCHASE THE TWENTY-EIGHT (28) VEHICLES FROM MEARS MOTOR LEASING WITH THE FINANCING GOING TO - ASHFORD [CAPITAL CORPORATION] AT THE REDUCED RATE." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. INFORMATIONAL INFORMATIONAL 15. A. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. Discussion ensued on the status related to the proposed Dr. Courtney's office. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 13,2003 PAGE 8 OF 21 Mayor Bush pointed out that on page 2 of the Agenda Item, the tenants for the Town Center have been noted, and then stated, "I have asked the [City] Manager to try to get this on our Website in the little icon that says - Winter Springs 'Town Center Project. ", Next, Mayor Bush spoke about the Wagner's Curve project and stated, "I am concerned about the fact that even though there is a light there, you come around a slight curve, you are going be on top of whoever stopped at that light, almost instantly, another good place for a deceleration lane." Additionally, Mayor Bush pointed out that the Elementary School to be built should make sure that their signage is done in accordance with "The Town Center and the [State Road] 434 Beautification requirements." INFORMATIONAL 16. B. Office Of The City Manager Providing A Copy Of The Impact Fee Analysis Report For Police, Fire/Rescue And Parks And Recreation. INFORMATIONAL 17. C. Office Of The City Attorney Providing The Mayor And Commission With An Opinion Regarding Elected Officials Employed By One Government Agency While SerYing As An Elected Official For Another Government Agency. INFORMATIONAL 18. D. Public Works Department Advising The City Commission Of The Status Of Various Capital Improyement Projects. INFORMATIONAL 19. E. Public Works Department Updating The City Commission On The Status Of The Tuscawilla Lighting And Beautification District Project. "I WOULD LIKE TO MAKE A MOTION TO APPROVE INFORMATIONAL AGENDA." MOTION BY COMMISSIONER MARTINEZ. SECONDED. DISCUSSION. CITY OF WINTER SPRfNGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 13,2003 PAGE 9 OF 21 VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR MILLER: AYE MOTION CARRIED. PUBLIC HEARINGS PUBLIC HEARINGS 20. A. Office Of The City Manager Requesting The City Commission To Conduct A Public Hearing On Second And Final Reading On Ordinance Number 2002-33 Amending Section 2-42. Of The City Code, Providing For The Appointment Of Persons With Prior Felony Convictions Subsequent To The Restoration Of Their Civil Rights. Attorney Garganese read Ordinance 2002-33 by "Title" only. Mayor Bush opened the "Public Input" portion of this Agenda Item. Mr. Paul Leckinger, 1304 Winter Springs Boulevard, Winter Springs, Florida: spoke in opposition to this proposed Ordinance and asked the City Commission to consider the possible implications. Mr. George Seeley, 211 Birch Terrace, Winter Springs, Florida: remarked about his concerns and stated he was opposed to this Ordinance. The "Public Input" portion of this Agenda Item was closed. Discussion. "I WOULD LIKE TO MAKE A MOTION THAT WE ADOPT ORDINANCE 2002-33." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSION McGINNIS. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE DEPUTYMAYORMILLER: NAY COMMISSIONER McGINNIS: AYE COMMISSIONER MARTINEZ: NAY MAYOR BUSH: NAY MOTION DID NOT CARRY. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 13,2003 PAGE 10 OF 21 PUBLIC HEARINGS 21. B. Office Of The City Manager/Office Of The City Attorney Present To The City Commission For First Reading Ordinance Number 2003-01 That Would Regulate Open Alcoholic Beverage Containers [At The Request Of Commissioner Edward Martinez, Jr.]. Mayor Bush stated, "Do we have a Motion to read by 'Title' only?" "SO MOVED." MOTION BY COMMISSIONER MARTINEZ. SECONDED. DISCUSSION. VOTE: DEPUTY MAYOR MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: NAY COMMISSIONER MARTINEZ: AYE MOTION DID NOT CARRY. Attorney Garganese read Ordinance 2003-01 in its' entirety. Manager McLemore presented his opening comments regarding this Ordinance to the City Commission. Mayor Bush opened the "Public Input" portion of this Agenda Item. Mr. James Mead, 5361 Young Pine Road, Orlando, Florida: commented on the bicycle exemption and suggested this be re-considered. The "Public Input" portion of this Agenda Item was closed. Discussion Tape 2/Side A Commissioner Blake stated, "This Ordinance and this was my main concern the first time, this Ordinance creates tens, hundreds, maybe even thousands of violators in our City that could be arrested for something as simple as cutting your lawn, seeing your neighbor across the street - maybe it is a hot summer day, maybe you pull out a cold one and you are holding it in your hand, and you walk out just past your sidewalk onto City property - you are a violator." Commissioner Blake also suggested another problem could be such that "It could be something as simple as walking to see your neighbor on a hot summer day, when you happen to be holding a beer, or a wine cooler, or a glass of wine, or a bottle of cough syrup that has the lid open or the seal is not there - it makes you a violator." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 13,2003 PAGE II OF21 Commissioner Blake also pointed out that our Alcohol Open Container Ordinance would be "On a sign at every entrance to our City." Discussion. Commissioner Robert S. Miller stated, "We need an Ordinance like this, and I agree that we need it. I am also uncomfortable about it in the residential areas, and I am wondering why it has not been possible to hone in on the areas that we are really concerned about, include the verbiage in there that would clearly address that so that we could eliminate the problem in residential areas." Furthermore, Commissioner Miller said, "This whole issue really is a matter of judgment and if judgment is applied, it should not cause any problems in a residential area - so I would like to see that made very clear in the Second Reading, otherwise I won't support the Second Reading. I will let it go along to a Second Reading right now, but I would like to see that clarified in there that this really deals with the commercial areas of the City with regard to the Open Container, and maybe just leave out the residential areas." Captain Mike Noland, Winter Springs Police Department stated, "Residential as single family, no, is not a problem. Residential as a multi-complex area, yes it is a problem." Commissioner Miller stated, "I would go along with that also." Captain Noland added, "Apartment complexes, multi-family, parking lots." Discussion followed on this Ordinance in respect to golf carts. Captain Noland further spoke of problems for the Police Department and explained that, "This is not a tool that is just going - to be abused. This is one that we do need." Furthermore, Captain Noland stated, "It is used when we need it, when our backs are against the wall." Discussion ensued on private and public roads, and Homeowner's Association control. Attorney Garganese stated, "What also needs to be added is what Mike [Captain Noland] is hitting upon, and that is the enforcement mechanism in this Ordinance is civil citation." Commissioner McGinnis stated, "About the private recreational facilities that are under the jurisdiction of Homeowner's Associations, that might be making an assumption that isn't true and I would like to have that revisited, because Homeowner's Association's, that means then they have to patrol? They can issue permits like anybody else, but they don't want people hanging out in their parks when everyone else has gone to bed - the way it is written now, your hands would be tied, correct?" Captain Noland suggested, "The only alternative to that is if there is a park - that is controlled by the Homeowner's Association and we have a contact or a letter on file saying no one is to trespass or you will prosecute for trespassers after a certain time or whatever." Attorney Garganese suggested, "We can clarify that provision to say - 'Where it is designated that open CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 13,2003 PAGE 12 OF 21 containers are allowed, by the Homeowner's Association in their private and recreational areas. ", Commissioner McGinnis then stated, "I would suggest we amend it to include that language." Manager McLemore suggested, "This Ordinance could have probably been written in one paragraph by simply stating, 'The law enforcement officer could enforce that in any situation where he feels like alcohol is contributing to - potential civil disorder or to public safety. ", Mayor Bush pointed out that "Surely we cannot write an Ordinance that covers every possible situation as Commissioner Blake has pointed out." Discussion. Attorney Garganese then said, "Do you want to allow open containers on City property?" Mayor Bush stated, "Well, we do now." Manager McLemore stated, "I think we could provide for that, but it would still allow them to even go in under that situation if someone is becoming disorderly because of alcohol." "I WOULD LIKE TO MAKE A MOTION THAT WE DIRECT THE CITY MANAGER TO BRING BACK ORDINANCE 2003-01 FOR A NEW FIRST READING, REWORKING THESE ISSUES THAT WE HAVE DISCUSSED THIS EVENING." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. COMMISSIONER BLAKE ADDED, "I WOULD ENVISION THIS AS BEING A RATHER MAJOR RE-WRITE WHICH IS WHY I SUGGESTED A NEW FIRST READING. THERE ARE SEVERAL OTHER PIECES AS WE GO THROUGHOUT HERE TO INCLUDE THE SIGNAGE ISSUE, THE PARK ISSUE, THE PRIVATE PARK ISSUE." COMMISSIONER McGINNIS REMARKED, "I HOPE THAT IT DOESN'T GO BEYOND ANOTHER TWO (2) WEEKS." FURTHER, COMMISSIONER McGINNIS STATED, "I WOULD ENCOURAGE US TO MAKE A DECISION - AT THE NEXT MEETING, AND HAVE A VERY TERSE, TO THE POINT VERSION PRESENTED TO US - YOU COULD ALSO WORK WITH CHIEF [OF POLICE, DANIEL J.] KERR WHEN YOU DRAFT IT." VOTE: COMMISSIONER MARTINEZ: NAY DEPUTY MAYOR MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. REGULAR CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 13,2003 PAGE 13 OF 21 REGULAR 22. A. Not Used. REGULAR 23. B. Parks And Recreation Department Requests That The City Commission Considers And Rejects The Winter Springs Little League Proposal Regarding Concession Operations At Central Winds Park And Authorize Staff To Go To Private Sector Again With A R.F.P. Mr. Greg Smith, 657 Cayago Drive, Winter Springs, Florida: as a member of the Board of the Winter Springs Little League, Mr. Smith addressed the City Commission on their proposal. Discussion. Tape 2/Side B Further discussion. "I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE STAFF'S RECOMMENDATION ON ITEM 'B.'" MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR MILLER: AYE MOTION CARRIED. Mayor Bush called a recess at 9:36 p.m. Mayor Bush reconvened the Meeting at 9:48 p.m. Commissioner Miller returned to the Commission Chambers at 9:49 p.m. REGULAR 24. C. Office Of The City Manager Requests The Commission Authorize The City Manager To Amend And Execute The Attached Deyelopment Agreement With Chanh Nguyen To Repair A Borrow Pit Located On A 4.42 Acre Site North Of Winter Springs High School, Limiting Access To The Pond To The Seminole County Unimproyed Trail Right-Of-Way For A Period Not To Exceed Six (6) Months. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING-JANUARY 13,2003 PAGE 140F21 Manager McLemore introduced this Agenda Item. With discussion, Mayor Bush asked Manager McLemore, "Is the High School aware of this - have we talked to the school about this at all - to let them know this is under consideration?" Manager McLemore stated, "I have not specifically addressed them." Mayor Bush added, "We try to contact our people who live next to - commercial projects that are going in; it seems like we ought to probably inform the school - with this situation. " Commissioner McGinnis asked, "On page 4, giving copies of the - 'Written notice of the speed limits' to the City Manager - 9.2 under 'Truck Requirements.', would that include the Police Department also?" Attorney Garganese responded, "Not the way it is currently written; but I would think the City Manager would be providing a copy to the Police Department." Manager McLemore stated, "Sure." Manager McLemore added, "We have got to make some amendments to the Agreement - we will have to make some minor amendments to it anyhow, just since this particular alternative has come up since we developed this Agreement - and then the only other thing we would put in would be if again, if the State would require some specifications of things to do." Discussion. Mr. James Mead, 5361 Young Pine Road, Orlando, Florida: stated, "We probably will plant some kind of agricultural crop until the property is developed, because that is one of the basis for getting the permit from the St. Johns and we have an agreement with the Department of Agriculture to do that. It is not likely to be citrus." Mayor Bush said to Mr. Mead, "Well, you know there has been concern that was addressed by the citizens on the material that is going to go into this?" Can you enlighten us on that. What are you going to fill this - with?" Mr. Mead stated, "Concrete and dirt. " Commissioner Blake asked Mr. Mead, "How are we going to know that the material that is coming in all of these trucks is simply just concrete and dirt?" Mr. Mead responded, "Each load is monitored as it comes in." Commissioner Blake inquired, "By whom?" Mr. Mead stated, "By our people and my understanding is the City is going to..." Manager McLemore added, "...We are going to monitor, but probably not each load." Mr. Mead then said, "We would be loathe to do anything that was - bad for the environment or take any materials in that weren't permitted." Discussion ensued with Members of the City Commission, Manager McLemore, and Mr. Mead on what kind of assurances Mr. Mead could provide the City; and whether there had been some previous problems with other governmental agencies. Mr. Chanh Nguyen, 4409 Stead Terrace, Winter Park, Florida: addressed the City Commission. CITY OF WiNTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 13,2003 PAGE1S0F21 With further discussion Mayor Bush stated, "I think the concerns of citizens raised earlier and that the Commissioner's have raised are legitimate ~ I think the Development Agreement has some holes in it that need to be plugged. I mean they have told us they are going to put concrete and dirt in there, but it doesn't say that." Further, Mayor Bush stated, "Is the Bond that is posted - is that something that could be increased?" Manager McLemore stated, "It could be more." Tape 3/Side A Mayor Bush then said, "Mr. McLemore, in light of the discussion and the comments from the Commissioners, do you see anything that needs to be changed to this Development Agreement?" Manager McLemore stated, "There are some revisions we want to make to it - shore it some." Mayor Bush added, "The definition of 'Clean debris' - the last sentence of the term includes, 'Brick, glass, ceramics, and uncontaminated concrete including embedded pipe or steel' - ifhe is going to just put concrete and dirt in there, it seems like you might say, clean debris which is concrete and dirt." Manager McLemore stated, "I don't think he has a problem with that." Mr. Mead stated, "I don't have any problem with that." Manager McLemore then stated, "We can bring the final Agreement back to you for approval, after we know what the State is going to require." "I WOULD LIKE TO MAKE A MOTION THAT WE DIRECT THE CITY MANAGER - AND THE CITY ATTORNEY TO DRAFT A NEW AGREEMENT TAKING INTO CONSIDERATION ALL THE IMPORTANT ISSUES THAT HAVE BEEN STATED HERE TONIGHT AND BRING IT BACK TO US FOR DISCUSSION AND APPROVAL." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE DEPUTY MAYOR MILLER: NAY COMMISSIONER BLAKE: NAY COMMISSIONER MARTINEZ: AYE MAYOR BUSH: AYE MOTION CARRIED REGULAR 25. D. Community Development Department Recommends The City Commission Hear A Request By The Winter Springs Food Market, Inc., For A Variance From Section 20-486. Of The City Code Of Ordinances, To Allow An Existing Non-Conforming Pole Sign To Remain Within The State Road Redevelopment Oyerlay Zoning District. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 13,2003 PAGE 16 OF 21 Mr. John Baker, AICP, Current Planning Coordinator, Community Development Department presented his introductory comments to those in attendance. Mr. Tom Waters, 1033 Antelope Trail, Winter Springs, Florida: as the Chairman of the Board of Adjustment, Mr. Waters clarified the actual vote from a recent Board of Adjustment meeting. With discussion, it was noted that both Staff and the Board of Adjustment did not recommend approval. Commissioner Martinez stated, "What is being suggested is not - conforming to the [State Road] 434 Redevelopment Code is it?" Mr. Baker stated, "No Sir." Commissioner Martinez then stated, "I think that we have worked very hard to develop these Codes - it took a long time, and its sole purpose is to lift the aesthetics of [State Road] 434, make it more appealing to people. At the same time, bring up property values. Now this would be the second request for a Variance and if we approve either one, they will keep coming - and where do we stop?" Discussion. In regards to the photographs that were shown, Commissioner Blake asked Mr. Baker, "Why don't we just download the digital pictures onto the server and then we can get a nice clean picture?" Mr. Baker stated, "Next Meeting we can do that, yes Sir." Commissioner Miller inquired, "If there is one owner of the building, and three (3) tenants, shouldn't we be hearing from the owner? Because it seems to me all we have is tenants coming to us." Mayor Bush said to Manager McLemore, "Registered letters were sent out to people who had signs along [State Road] 434 right? Would those letters in this case have gone to the store owners or would they have gone to the owner of the property? Or would they have gone to both?" Manager McLemore responded, "I believe Code Enforcement is the one who sent those letters out - so to advise you factually exactly what we did, I would have to ask." Mr. Glen Whitiker, General Services, 306 North Volusia Avenue, Orange, Florida: spoke on the signage issues in relation to this particular site. Mayor Bush questioned Mr. Whitiker, "Why haven't you talked to Staff about alternatives?" Mr. Whitiker responded, "It didn't come to mind to say, do we have a logical area." Discussion. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY] 3,2003 PAGE 17 OF 21 "I WOULD RECOMMEND THAT WE TABLE THIS ITEM AT THIS POINT IN TIME, ALLOW THE APPLICANT TO GO BACK AND HAVE SOME DISCUSSIONS WITH STAFF AND DETERMINE WHAT IS A WORKABLE SOLUTION TO THIS PROBLEM AND ALLOW HIM TO COME BACK TO US AT OUR NEXT MEETING." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR MILLER: AYE MOTION CARRIED. Mayor Bush clarified, "What the Commission is recommending that you do, you work with Mr. Baker on this and come back." Mr. Whitaker stated, "Absolutely. Code Enforcement wouldn't be jumping on us during that time?" Manager McLemore said, "I think we could try to work this out in a reasonable manner." Mayor Bush added, "Put this on the Agenda" for the next Meeting. "MOTION TO ADJOURN." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: DEPUTYMAYORMILLER: AYE COMMISSIONER McGINNIS: AYE "Point of Order" by Commissioner Miller who spoke of the Vote in process and future Meetings. COMMISSIONER BLAKE: NAY COMMISSIONER MARTINEZ: AYE MOTION CARRIED. ADJOURNMENT Mayor Bush adjourned the Meeting at 11 :00 p.m. .:. .:. AGENDA NOTE: THE FOLLOWING ITEMS WERE NOT DISCUSSED DURING THIS MEETING. .:..:. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 13,2003 PAGE 18 OF 21 REGULAR 26. E. Community Deyelopment Department Recommends Denial Of A Request For A Variance By Neil And Michelle Staley From Sections 6-2. And 20-103. Of The City Code Of Ordinances, To Encroach Ten Feet (10') Into The Twenty Foot (20') Rear Building Setback To Construct A Screened Porch With An Impervious Roof At The Rear Of The House. REGULAR 27. F. Community Deyelopment Department Requesting Commission Consider And Approve A Conceptual Development Plan For A Dentist Office On The 0.72 Acre Site Immediately West Of City Hall, Between The City Hall And The Equipment Rental Facility On State Road 434. REGULAR 28. G. Not Used REGULAR 29. H. Community Development Department Requests That The City Commission Consider Signs Proposed For Within The JDC Calhoun Town Center Site. REGULAR 30. I. Office Of The City Clerk Requests That Commissioner Sally McGinnis Make An Appointment To The Planning And Zoning Board/Local Planning Agency To Replace Herself Who Resigned In Noyember 2002, As She Was Elected By The Citizens Of The City Of Winter Springs To Serve As City Commissioner For District Four. REGULAR 31. J. Office Of The City Clerk Requests That Commissioner Michael S. Blake And Commissioner David W. McLeod Each Make An Appointment/Reappointment To The Board Of Trustees (Pension Plan). The Terms Of Office For These Remaining Two (2) Board Of Trustees (Pension Plan) Members Will Be Expiring In January 2003. REGULAR 32. K. Parks And Recreation Department Requests That The City Commission Consider Granting A Waiver To Provisions Of The Arbor Ordinance Number 2002-08 For Purposes Of Construction Of Park Facilities At Central Winds Park. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 13,2003 PAGE 190F21 REGULAR 33. L. Office Of The City Clerk Asking The City Commission To Consider Whether They Wish To Approye (Or Disapprove) Resolution 2003-01 Which Recognizes A Former Advisory Committee Member Who Was Removed As A Result Of Exceeding The Permitted Number Of Absences In Accordance With City Ordinances. REGULAR 34. M. Office Of The City Clerk Asking The City Commission To Consider Whether They Wish To Approve (Or Disapprove) Resolution 2003-02 Which Recognizes A Former Adyisory Board Member Who Was Removed As A Result Of Exceeding The Permitted Number Of Absences In Accordance With City Ordinances. REGULAR 35. N. Office Of The City Clerk . Asking The City Commission To Consider Whether They Wish To Approve (Or Disapprove) Resolution 2003-03 Which Recognizes A Former Advisory Board Member Who Was Removed As A Result Of Exceeding The Permitted Number Of Absences In Accordance With City Ordinances. REGULAR 36. O. Office Of The City Clerk Asking The City Commission To Consider Whether They Wish To Approve (Or Disapprove) Resolution 2003-04 Which Recognizes A Former Advisory Board Member Who Was Removed As A Result Of Exceeding The Permitted Number Of Absences In Accordance With City Ordinances. REGULAR 37. P. Community Development Department Requests That The City Commission Reconsider The Dumpster Location And Access On The Modified Wendy's Site Plan. REGULAR 38. Q. Community Development Department - Arbor Division Recommends The City Commission Consider The Request Of Mr. Louis Patricelli To Remove 1 Specimen Bald Cypress, Approximately 23 Inches In Diameter. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 13,2003 PAGE 20 OF 21 REGULAR 39. R. Community Development Department - Arbor Division Recommends The City Commission Consider The Request Of Mr. Rick Kettler To Remove 1 Specimen Long Leaf Pine, Approximately 21 Inches In Diameter. REGULAR 40. S. Community Development Department - Arbor Division Recommends The City Commission Consider The Request Of Mr. Michael Gerken To Remove 1 Specimen Pond Pine, Approximately 26 Inches In Diameter. REPORTS REPORTS 41. A. City Attorney - Anthony A. Garganese, Esquire REPORTS 42. B. City Manager - Ronald W. McLemore REPORTS 43. C. City Clerk - Andrea Lorenzo-Luaces REPORTS 44. D. Commission Seat Three - Edward Martinez, Jr. REPORTS 45. E. Commission Seat Four - Sally McGinnis REPORTS 46. F. Commission Seat Five - David W. McLeod REPORTS 47. G. Commission Seat One/Deputy Mayor - Robert S. Miller REPORTS 48. H. Commission Seat Two - Michael S. Blake CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 13,2003 PAGE 21 OF 21 REPORTS 49. I. Office Of The Mayor - John F. Bush RESPECTFULLY SUBMITTED: NZO-LUACES, CMC APPROVED: ~ -- .-- /. ~" .' -.. .,<' ~ . ./.... - - -' ."".0. . -." : . NOTE: These Minutes were approved at the January 27, 2003 Regular City Commission Meeting.