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HomeMy WebLinkAbout_2003 10 13 City Commission Regular Minutes CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING OCTOBER 13,2003 CALL TO ORDER The Regular Meeting of Monday, October 13, 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). After a moment of silence, Mayor Bush led the Pledge of Allegiance. 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, present City Attorney Anthony A. Garganese, arrived at 6:34 p.m. AWARDS AND PRESENTATIONS None. PUBLIC INPUT Ms. Carol Fottler, 208 Heatherwood Court, Winter Springs, Florida: spoke on the proposed Arbor Ordinance and offered some suggested verbiage. City Attorney Anthony A. Garganese arrived at 6:34 p.m. Mayor Bush stated, "Carol [Fottler] did provide - me with a written copy of what she just read - so we will give a copy of this to the [City] Attorney." Mayor Bush then said to Attorney Garganese, "Carol [Fottler] thought there was a definition that was inadvertently omitted from the Arbor Ordinance, so you might take a look at that and tell us what we need to do about it." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 13, 2003 PAGE 2 OF 25 Mr. Mervin Warner, 673 Keuka Court, Winter Springs, Florida: presented some photographs which showed the successful efforts of the Tuscawilla Lighting and Beautification District Advisory Committee. Next, on behalf of the Tuscawilla Homeowner's Association, Mr. Warner presented a check in the amount of $600.00 to Fire Chief Timothy 1. Lallathin for approximately 100 Smoke Detectors for needy families in the area. Chief Lallathin thanked Mr. Warner and the Tuscawilla Homeowner's Association for the donation and added, "I also would like to remind the entire community that there is only one (1) in ten (10) homes presently in the United States that do not have Smoke Detectors in their homes, but the alarming thing is one (1) out of five (5) Smoke Detectors that are in the current homes in America do not work, as people do not test them constantly - so I would encourage each one to test their Smoke Detectors monthly and to replace the battery, if it is a battery Smoke Detector, once a year. And if you have a problem with it, please call the Fire Department." CONSENT CONSENT 200. Office Of The City Clerk Respectfully Requests That The City Commission Remove The August 25, 2003 City Commission Regular Meeting Minutes From The Table, And Consider The Resubmitted Minutes For Approval. CONSENT 201. Office Of The City Clerk Approval of the September 8, 2003 City Commission Regular Meeting Minutes. Deputy Mayor Robert S. Miller spoke about the proposed Dollar Store, and said, "I am not aware that the applicant has made any further progress since we had our Meeting here about a month ago." Deputy Mayor Miller added, "They did make comments during that Meeting here that we needed to act urgently because they wanted to have a December 31 st, 2003 opening. So, we all diligently did due diligence that night to make sure they could do that, and now nothing has happened." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 13,2003 PAGE 3 OF 25 CONSENT 202. Office Of The City Clerk Approval of the September 22, 2003 City Commission Regular Meeting Minutes. Commissioner Edward Martinez, Jr. stated, "On page 6 of the September 22, [2003] Minutes, a Motion to approve the Budget for Fiscal Year 2002 - 2003 seems to be wrong. There are two (2) Motions here, and they both apply to 2002 and 2003, and one of them has to be wrong. The Resolution Number 2003-36, approve the Budget for Fiscal Year 2002-2003. The second Motion is- Mayor requested 'A Motion for the proposed Final Budget - approve the Revised Budget for 2002-2003. Commissioner [Michael S.] Blake added, The Revised Budget for the current year that is ending' and 'So Moved.' And it goes to 2002 and 2003, so one of those has to be wrong." Commissioner Blake said, "The first one is wrong." Commissioner Martinez added, "That is what I figured - that needs to be corrected - 2003-2004." Mayor Bush stated, "Andrea [Lorenzo-Luaces, City Clerk], have you got that correction?" City Clerk Lorenzo- Luaces responded, "Yes." CONSENT 203. Fire Department Requesting Authorization To Dispose Of Surplus Assets According To The Attached Disposition Sheets. "MOTION TO APPROVE CONSENT AGENDA. - AS AMENDED." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. COMMISSIONER DAVID W. McLEOD ASKED, "DOES THE FIRST ITEM HAVE TO BE TAKEN OFF THE TABLE?" MAYOR BUSH SAID TO ATTORNEY GARGANESE, "THE MINUTES WERE TABLED - TO APPROVE IT, CAN WE DO THAT WITHOUT BRINGING IT OFF THE TABLE?" ATTORNEY GARGANESE RESPONDED, "I THINK YOU CAN, IF YOU WANTED TO - SINCE IT IS UNDER CONSENT." VOTE: DEPUTYMAYORMILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 13, 2003 PAGE 4 OF 25 INFORMA TIONAL INFORMATIONAL 300. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. Commissioner Martinez stated, "The issue is Colt Drive. I know we are in the process of determining if we are going to be the owners so we can take care of that street - but in the meantime, I had two (2) calls over the weekend from residents who are - seriously complaining about all the garbage. It is not right in front of the 7-11, it is across the street." Commissioner Martinez added, "Now, we need somebody in this City, this Administration to go over there and tell somebody to clean that up." City Manager Ronald W. McLemore said, "That's easy enough." Commissioner Blake also commented on this matter and added, "Is there something we can do to put some teeth in this - it has been a long-standing problem." Commissioner Blake then suggested, "Maybe it is not something you want to answer right now - but look into and bring it back to us." Deputy Mayor Miller remarked about the Highlands Apartments, Phase II, and stated, "I just would like to point out that a lot of people in the Highlands object to that - the three (3) floors, because of - the height, so we should keep that in mind, next time somebody comes forward." Regarding the buildable land left in the Highlands, Deputy Mayor Miller added, "I think we should take that into consideration when the proposals are first coming out - try and keep them to two (2) floors." Discussion. IN FORMA TIONAL 301. Not Used. INFORMATIONAL 302. Information Services Department Wishes To Update The Commission On The Status Of The LT. [Information Technology] Plan Created In FY 2002. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 13,2003 PAGE 5 OF 25 INFORMATIONAL 303. Community Development Department Wishes To Update The Commission Regarding Existing Neon Sign age Along State Road 434, Including, But Not Limited To, The Kash N Karry Shopping Center. Mayor Bush commented to Attorney Garganese about the Ordinance dealing with Neon Signs. Attorney Garganese stated, "We will have it to you shortly." Mayor Bush added, "Good. " Mayor Bush stated, "Could we have a Motion then on the - Informational" Agenda? "SO MOVED." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. PUBLIC HEARINGS PUBLIC HEARINGS 400. Office Of The City Attorney Requests That The City Commission Adopt On Second And Final Reading Ordinance Number 2003-22 Which Will Amend The City Code Chapter 5, Tree Protection And Preservation. Attorney Garganese read the Ordinance by "Title" only. Mayor Bush opened the "Public Input" portion of this Agenda Item. Ms. Yvonne Froscher, 623 Sailfish Road, Winter Springs, Florida: spoke on the proposed Arbor Ordinance. The "Public Input" portion of this Agenda Item was closed. Mr. Michael Mingea, City Forester/Environmental Inspector, Community Development Department spoke on this Agenda Item. Discussion. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 13,2003 PAGE 6 OF 25 Situations where root structures which pose a possible safety hazard were discussed next. Commissioner McLeod stated, "I think it should be defined a little closer from the standpoint of whether it is a home that somebody is occupying versus a backyard shed. It doesn't say that." Attorney Garganese said, "Do you want to add a qualifier - non- occupied structures?" Commissioner McLeod added, "I think that is probably a better way to do it." Attorney Garganese added, "I could add that word." Mayor Bush then asked for consensus from the Commission regarding Commissioner McLeod's recommendation. Commissioner Sally McGinnis stated, "That would help qualify it." Mayor Bush summarized, "Okay Anthony [Garganese], everybody is in agreement with that. " Discussion. Attorney Garganese spoke about page 3 of the proposed Arbor Ordinance and stated, "The next comment on that page has to do with who keeps the permanent record for historic trees - she would like to change it to City Clerk. I think if you take a real good look at 5-8. (a), 'Historic Tree' designation is by Resolution. The City Clerk maintains Resolutions, all the permanent and original Resolutions - the intent of that sentence where the City Forester shall keep a permanent record of all historic trees is intended to allow the Forester to continue to abide by his duties under this Ordinance. I think the Forester needs to maintain permanent records of historic trees because those trees will be protected under this Ordinance." Next, regarding 'Silviculture,' Attorney Garganese stated, "I don't see a problem with adding a definition if the Commission desires to." Mayor Bush then said, "Commissioners, do you have any problem with the adding of a definition of 'Silviculture' that was outlined in the letter that Ms. Fottler provided?" Commissioner McGinnis stated, ''No, I think we should." Commissioner Martinez said, "If you are going to add that definition, it should be under 'Definitions.' at the beginning." Attorney Garganese stated, "Correct, that is where we would add it." Commissioner Martinez then spoke on (c) (5) as noted on page 9 - 'Issue cease and desist [work] orders;' and asked, "Should the Commission be made aware of this transaction, somehow?" Attorney Garganese stated, "The [City] Manager could certainly notify the Commission." Furthermore, Attorney Garganese spoke of possible appeals and said, "The Commission may find themselves sitting in an Appellate capacity, reviewing a 'Cease and desist [work] order' that has been enforced by the City Manager." Commissioner Martinez inquired, "Should you make a reference to that Section, over here in (c) (5)?" Attorney Garganese responded, "I would be happy to add a sentence - 'City Manager's decision can be appealed pursuant to 5-16. (b).'" Commissioner Martinez then spoke about Section 5-6 (a) on page 1 0 and stated, "Who is going to decide whether the Applicant pays the fee or not?" Attorney Garganese answered, "The City Commission by Resolution," Commissioner Martinez then asked, "It says 'may be required.' It should be 'shall be required' or 'will be required.''' CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 13, 2003 PAGE 7 OF 25 Attorney Garganese said, "I can change that to 'shall.'" Mayor Bush then inquired, "Does the Commission have to come up with a Resolution on this?" Brief discussion. Tape I/Side B Commissioner Martinez then commented on page 11 - Section ill- "I believe that if any of that takes place, a Commissioner should be noticed somehow." Mayor Bush suggested that perhaps "In the Reports that the Commission gets on a routine basis from Staff, that the Arborist could include his Report that would cover these items that Commissioner Martinez is referring to." Mayor Bush clarified that "What the Commissioner is saying is when something happens that is covered by - like the item ill - that the Commissioner was referring to, he would like to see a Report that indicates that it in fact did happen - that there was a proposed change on the grading of the site, so forth and you made some decision regarding it, or the Manager did." Mr. Mingea stated, "Anything that would be of significance - yes." Mr. Mingea added, "I am usually not allowed to make field changes without some type of direction from the [City] Manager." Mayor Bush said, "Maybe Mr. McLemore can work that out to satisfy what Commissioner Martinez is asking for, between him and the Arborist. Ron [McLemore]?" Manager McLemore responded, "Sure." "MOTION TO APPROVE ITEM '400' [ORDINANCE 2003-22] - AS AMENDED." MOTION BY DEPUTY MAYOR MILLER. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. MAYOR BUSH ADDED, "THE MOTION IS TO APPROVE THE ORDINANCE WITH THE CHANGES THAT WERE MADE IN THE DISCUSSION." VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR MILLER: AYE MOTION CARRIED. PUBLIC HEARINGS 401. Community Development Department/Office Of The City Attorney Request The City Commission Adopt Ordinance 2003-36, Amending Winter Springs Code Chapter 9, Relating To The Regulation Of Non-Conforming Uses And Structures. Attorney Garganese read the Ordinance by "Title" only. Brief discussion. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 13,2003 PAGE 8 OF 25 Mayor Bush opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. Mr. John Baker, AICP, Senior Planner, Community Development Department spoke on the Agenda Item and Report. Discussion. Commissioner McLeod spoke on a previous fire on the property being discussed, asked how he got the power hooked up, and further inquired, "Are you telling me that he was able to put the building back in operation without any permits?" Mr. Baker responded, "According to the Building Official, there is a generator out there." Manager McLemore added, "The Building Official called him on it and then there was a generator involved. Now he has discovered that he has run power out there without a permit." Commissioner McLeod inquired as to "It seems to me that we would be questioning the Power Company as to why there was power on that facility - or has he run other power wiring that is connected to the generator?" Manager McLemore stated, "I will confirm that." Next, Commissioner McLeod asked, "What was done about the - 30,000 square feet of concrete that was poured?" Manager McLemore stated, "He is currently in conflict with the Code." Commissioner McLeod then inquired, "Did we give him a citation to cease? Did we red tag the premises?" Commissioner McLeod added, "I think those questions need to be answered." Commissioner Blake stated, "Point of Order" and spoke of this Public Hearing. Commissioner Blake further stated, "As it pertains to certain specific issues with certain properties, they ought to be agenda 'd as their own individual questions. " Further discussion. "I WOULD LIKE TO MAKE A MOTION THAT WE ADOPT ORDINANCE 2003-36." MOTION BY COMMISSIONER MARTINEZ. SECONDED. 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 - OCTOBER 13, 2003 PAGE 9 OF 25 Commissioner McLeod said, "I would like to see us have an Agenda Item on this - and you need to inform the individual that he needs to come here, and I would also like to have your Building Department do what they need to do." Commissioner Blake spoke of the process for violations and asked if this "Should come before us on an Agenda Item if it is a question of Enforcement?" Attorney Garganese said, "If it is just pure Enforcement issues, then it would likely go to Code Enforcement Board or Circuit Court directly, under the Code of Ordinances." Attorney Garganese spoke of the Development Agreement and said "We can give you a status on that, but if it is a Code Enforcement issue, I recommend that you just let the [City] Manager handle it in an ordinary course." Manager McLemore said, "I will file an Informational [Item] though regarding the question." Commissioner Blake said, "Thank you." Mayor Bush added, "Commissioner McLeod - what he has requested then would stand - it would be on the Agenda at the next Meeting." PUBLIC HEARINGS 402. Office Of The City Manager/Office Of The City Attorney Request That The City Commission Consider For Second Reading And Adoption Ordinance Number 2002-24 Amending Chapter 10 Of The City Code To Exempt Non-Commercial Solicitors From The Permitting Requirements For Solicitations Conducted In The City And Establish Criteria To Grant, Deny And Revoke Solicitation Permits. Attorney Garganese read Ordinance 2002-24 by "Title" only. Mayor Bush opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. Commissioner Blake inquired of Attorney Garganese, "Can we prohibit it?" With discussion, Attorney Garganese said, "I would have to go back and research that issue - and I would be happy to do it." Commissioner Blake added, "I am concerned that if we have a permit requirement, that we won't be able to prohibit folks from using commercial solicitation in residential neighborhoods, which I think is something I might want to look at." With discussion, Attorney Garganese stated, "I can research the issue further." Discussion ensued on permit fees. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 13, 2003 PAGE 10 OF 25 "I WOULD LIKE TO MAKE A MOTION WE ADOPT ORDINANCE NUMBER 2002-24, SUBJECT TO THE REVISION OF THE PERMIT FEE IN SECTION - 10-136. (b) TO READ $100.00 DOLLARS." MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR MILLER. DISCUSSION. COMMISSIONER BLAKE STATED, "THERE IS NO LANGUAGE WHATSOEVER IN THE ORDINANCE AS IT IS WRITTEN TO PEG THE FEE TO THE ADMINISTRATIVE COSTS, THAT IS JUST SOMETHING THAT SOMEBODY THREW OUT IN THIS FORUM. THE FEE CAN BE USED FOR A VARIETY OF PURPOSES. AS A CITY WE HAVE HOME RULE POWERS, WE CAN SET THE FEE PRETTY MUCH WHATEVER WE WANT TO SET IT AT, AND WE CAN UTILIZE THOSE FUNDS TO DO OTHER THINGS, NOT IN THE BUILDING DEPARTMENT." VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: NAY COMMISSIONER BLAKE: AYE COMMISSIONER McGINNIS: NAY DEPUTYMAYORMILLER: AYE MOTION CARRIED. PUBLIC HEARINGS 403. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For Second Reading/Adoption Of Ordinance 2003-08 Adopting A Small Scale FLUM [Future Land Use Map] Amendment Changing The Future Land Use Map Designation Of A 2.02 Acre Parcel, Located At 1281 Natures Way, From "Medium Residential" (Seminole County) To "Town Center" (City Of Winter Springs). Attorney Garganese read the Ordinance by "Title" only. Manager McLemore stated, "The Commission again had asked for certain information regarding this, which I had handed out to you in a Memo; questions about how this if once it is put into effect, would affect these people; and I have provided you with this Memo, a one (1) pager. It was emailed to Ms. Arminger this afternoon." (A copy was then handed to Ms. Arminger). Discussion. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 13,2003 PAGE II OF25 Mayor Bush opened the "Public Input" portion of this Agenda Item. Mr. Billy Nichols, 1281 Nature's Way, Winter Springs, Florida: spoke of his concern with the Noise Ordinance. The "Public Input" portion of this Agenda Item was closed. "MOTION TO APPROVE." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR MILLER: AYE MOTION CARRIED. PUBLIC HEARINGS 404. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For Second Reading/Adoption Of Ordinance 2003-09 Rezoning A 2.02 Acre Parcel, Located At 1281 Natures Way, From (County) "A-1" To (City Of Winter Springs) "Town Center District". Attorney Garganese read Ordinance 2003-09 by "Title" only. Mayor Bush opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. "MOTION TO APPROVE." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY DEPUTY MAYOR MILLER. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 13, 2003 PAGE 12 OF 25 REGULAR REGULAR 500. Community Development Department Requests That The City Commission Review And Adopt An Interlocal Agreement For The City Of Winter Springs To Collect The County's Occupational License Fee. With discussion, Attorney Garganese spoke of a letter he wrote to Seminole County related to this matter. As to a response letter from Seminole County to Attorney Garganese, Attorney Garganese added, "We have a written acknowledgement." "MOTION TO APPROVE." SECONDED. DISCUSSION. MOTION BY COMMISSIONER BLAKE. Tape 2/Side A VOTE: COMMISSIONER McGINNIS: AYE DEPUTYMAYORMILLER: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. REGULAR 501. Office Of The City Manager Requesting The Commission To Approve The Terms Of A Settlement Agreement With Centex Homes Related To The Improper Cutting Of Trees On The Centex Heritage Park Project, Authorize The City Attorney To Memorialize The Terms In An Agreement, And Authorize The City Manager To Execute The Agreement On Behalf Of The Commission. With discussion, Deputy Mayor Miller spoke for the record about the proposed Agreement and the Developer's actions which led to this Agreement. Manager McLemore clarified that with this Agreement - "As part of the deal, they agreed anyhow, to go back and put the entire 344 [Trees] back, or replace them; and in addition to that, the $100,000.00." Discussion. "I WOULD LIKE TO MAKE A MOTION TO DENY THE REQUEST." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. MAYOR BUSH ADDED, "THE MOTION IS TO DENY THE TERMS OF THE SETTLEMENT AGREEMENT, AS OUTLINED." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 13, 2003 PAGE 13 OF 25 VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER McLEOD: NAY COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: NAY DEPUTY MAYOR MILLER: AYE MOTION CARRIED. Mayor Bush said, "What recommendations does the Commission have for the Manager at this point?" "I WOULD LIKE TO MAKE A MOTION THAT THE COMMISSION APPROVE THE TERMS OF TillS AGREEMENT WITH THE AMENDMENT OF THE DOLLAR AMOUNT CHANGING FROM $100,000.00 TO $158,000.00." MOTION BY COMMISSIONER BLAKE WHO ADDED, "IN TERMS OF AN EXPLANATION, THERE ARE 158 UNITS IN THERE - THAT WOULD BE $1,000.00 PER UNIT." SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER McLEOD: NAY COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR MILLER: NAY MOTION CARRIED. Discussion. REGULAR 502. Not Used. REGULAR 503. Not Used. REGULAR 504. Office Of The City Manager Requesting The City Commission To Approve Resolution 2003-42 Providing For An Evaluation Of The City's Building Code Related Services, And Approving A Contract With Government Services Group To Provide Technical Assistance To The City In The Performance Of The Study. Manager McLemore spoke briefly on this Agenda Item. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 13, 2003 PAGE 14 OF 25 "I MAKE A MOTION THAT WE APPROVE [AGENDA] ITEM '504.'" MOTION BY DEPUTY MAYOR MILLER. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: DEPUTY MAYOR MILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MARTINEZ: NAY COMMISSIONER BLAKE: AYE MOTION CARRIED. REGULAR 505. Community Development Department Requests That The City Commission, In Its Capacity As The DRC [Development Review Committee], Consider Dr. Burks DDS's Request To Change The Floor Plan For One Bay At Building Number 8 (JDC Town Center), Immediately Adjacent To Leslie's Pool Supply To Accommodate His Dentist Office. . Discussion. Tape 2/Side B Discussion. Dr. Robert Burks, DDS, 1672 Windy Bluff Point, Longwood, Florida: briefly addressed the City Commission. Further discussion. "MOTION TO APPROVE." MOTION BY COMMISSIONER MARTINEZ. SECONDED. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: AYE DEPUTYMAYORMILLER: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 13, 2003 PAGE 15 OF 25 REGULAR 506. Community Development Department Requests That The City Commission, In Its Capacity As The DRC [Development Review Committee], Consider A Request To Change The Floor-Plan For The One Remaining Empty Bay At .Building Number 11 (JDC Town Center), Between Rachel Nichole's And A Dentist Office. Attorney Garganese introduced this Agenda Item and spoke for the record about the process. Mr. Baker distributed a letter [rom the applicant. Discussion. "MOTION TO TABLE." MOTION BY COMMISSIONER MARTINEZ. MOTION DIED FOR LACK OF A SECOND. Discussion. Mr. Dan Cannell, 1019 Maiden Terrace, Celebration, Florida: remarked about this project to the City Commission. Mr. Jeff Gaither, Architect, Cuhaci & Peterson, Architects, 1220 Alden Road, Orlando, Florida: addressed the City Commission. Discussion ensued on possible suggestions for restructuring the interior space. Commissioner Blake added, "I would rather get out of the business of this Commission designing interior space." Discussion. "I WILL MAKE A MOTION TO ACCEPT STAFF'S RECOMMENDATION." MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR MILLER. DISCUSSION. VOTE: COMMISSIONR 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 - OCTOBER 13,2003 PAGE 16 OF 25 Manager McLemore stated, "If we were able to work something out with this gentleman, would the Commission be willing to come in before the next Meeting and consider approving that so he doesn't have to wait another two (2) to three (3) weeks." Commissioner Martinez stated, "I am willing." Commissioner Blake responded, "Yes." Commissioner McGinnis also said, "Yes." Commissioner McLeod stated, "I agree." Mayor Bush summarized, "Everybody is willing." Commissioner McLeod added, "I think you have an issue here that perhaps you need to have the Developer involved to find out what is going on and why - if you don't already know that. That is part of the issue that probably is going to be asked by the Commission if you have a Special Meeting to move this forward; so the Commission understands what happened, and how we got into this predicament, and how this individual got into this predicament." Furthermore, Commissioner McLeod said, "The Manager needs to be able to tell the Commission - what happened, what is going to be done to stop it from happening, if we approve this." Next, Attorney Garganese stated, "Does the Commission want to discuss the bigger issue about approving the interior spaces of these units, at this time?" Commissioner Blake said, "Only to put it on an Agenda." Mayor Bush stated, "I think it needs to be a separate Agenda Item." Further, Mayor Bush said, "Next Meeting." Commissioner Martinez added, "It could be part of the Special Meeting." Furthermore, Mayor Bush stated, "Whenever it is ready, the Manager can bring it before the Commission, either at the next Meeting, or before." REGULAR 507. Community Development Department - Planning Division Requests That The City Commission Consider Amending Ordinance 2002-13 Which Established Minimum Standards For The Screening Of Dumpsters. In relation to this Agenda Item, photographs were shown to those in attendance. Discussion. Tape 3/Side A Discussion ensued with Members of the City Commission and Ms. Sahlstrom. Ms. Sahlstrom added, "If the Commission does amend the Ordinance, I would send out letters to let them know that they would not have to change their enclosure if they were to put in a smaller dumpster." Discussion. "I WOULD LIKE TO MAKE A MOTION TO APPROVE THE PLANNING DIVISION'S REQUEST." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY DEPUTY MAYOR MILLER. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 13,2003 PAGE 17 OF 25 VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR MILLER: NAY COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. REGULAR 508. Office Of The City Clerk Respectfully Requests That Commissioner Michael S. Blake Make An Appointment To The Oak Forest Wall And Beautification District Advisory Committee. "MOTION TO APPOINT BRIAN OLIVER OF 630 CHEOY LEE CIRCLE" TO THE OAK FOREST WALL AND BEAUTIFICATION DISTRICT ADVISORY COMMITTEE. MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR MILLER. DISCUSSION. VOTE: DEPUTY MAYOR MILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. REGULAR 509. Community Development Department Requesting Commission Review And Approve The Final Engineering/Site 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. This Approval Should Include Authorization For The City Grant Both A Cross Access Easement And A Utility Easement Across City Property (Applicant To Provide Legal Descriptions And Draft Easement Language). Review And Direction Regarding The Revised Architectural Renderings For The Building Are Also Requested. Mr. Baker presented his opening remarks on this Agenda Item, and a floor plan was handed out. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 13,2003 PAGE 18 OF 25 With discussion, Commissioner Blake spoke about the side elevation that would be the "Westerly - West/Northwest side, that side being the one that is farthest away from City Hall - if you will look at the other side, the side that is next to City Hall - this side, I would like to see this side, because this one also will be seen most specifically as you are coming out of the High School in that direction, or if you are coming from the Park or any of that area - the Bike Trail will be coming past there, it is not a hidden side." Commissioner Blake added, "These windows up top here - this is a one (1) story structure, is that correct?" Mr. Baker stated, "It is a one (1) story structure that is made to look like it is two (2) stories." Commissioner Blake continued, "I noticed the glass here appears in these photos or drawings, renditions to be white, and I am hoping that they are not actually going to be the same kind of white glass that was in the Publix windows on the side of [State Road] 434 that - I think they have been replaced - and go to the dark glass." Discussion ensued on the exterior materials of the building. Commissioner McLeod stated, "I would have to say that the individual in this particular case has defined the front of the building." Commissioner McLeod added, "I think this one is well defined by the difference of the texture." Manager McLemore said, "We're saying we would like the sides and rear of the building to be a little better defined also." Commissioner McLeod then suggested, "I think I would ask maybe for a little bit more recessing of the front entry and the side entry, but I don't know that I would go as far as asking somebody at that expense, to run that - brick all the way around that building." Mr. Jeff Gaither, Architect, Cuhaci & Peterson, Architects, 1220 Alden Road, Orlando, Florida: stated, "The depths of the windows - this is a 2D drawing, so actually seeing that 3 RD dimension of the window recessed is just a matter of how much shape and shadow is put around there. The plan is; this is a twelve inch (12") block cmu [Cement Masonry Unit] with the window recessed all the way in on that, so the window will be very well recessed into that block." Commissioner McLeod asked Mr. Gaither, "Your main doorways that face [State Road] 434 and City Hall, both of those are recessed?" Mr. Gaither responded, "Yes." Next, Commissioner Blake said to Mr. Gaither, "Your windows look to be at the center point on the drawing here - I am looking here." Mr. Gaither stated, "That is not correct- as shown on that plan..." Commissioner Blake then said, ".. .So you say that this plan here that is signed and dated 09118/03 and shows the windows being at the mid point between the wall thicknesses is incorrect?" Mr. Gaither stated, "Correct, that plan..." Commissioner Blake then said, "... The windows should actually be all the way on the internal edge..." Mr. Gaither said, "... Correct..." Next, Commissioner Blake added, ". . . Of that which would create about a six (6) to eight (8) inch recess..." Mr. Gaither stated, ".. .Recess from the block and then plus the brick on the outside of that." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 13,2003 PAGE 19 OF 25 "I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE THE DRAWINGS THAT HAVE BEEN PRESENTED TO US THIS EVENING, TO APPROVE THE 09/26/03 RENDERING TO HAVE BRICK ONLY SHOWN - AS DEPICTED IN THE DRAWINGS, AND TO APPROVE THE DRAWINGS." MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. COMMISSIONER BLAKE INQUIRED, "DID THAT MOTION INCLUDE THE APPLICANT'S COMMENTS AS TO WHERE THE WINDOWS WOULD BE LOCATED?" COMMISSIONER McLEOD SAID, "THAT WOULD INCLUDE THE APPLICANT'S COMMENTS." VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR MILLER: AYE MOTION CARRIED. Mayor Bush added, "Staff also recommended some other things here too - if you will look on page 3 of this Agenda Item - 'To authorize the City to grant a cross access easement' - 'authorize the City to grant a utility easement' - render a decision on the architectural renderings' - require the applicant to... - there are several other things here Staff is asking for Commission action on." Commissioner Blake said, "I took those to be included in the Motion to approve the Item." Commissioner Martinez added, "So did 1." Commissioner McLeod said, "The Item was approved Mayor [Bush], with those included - the change was the architectural rendering." Mayor Bush added, "The Motion then would include the other Staff recommendations that were presented on pages 3 and 4" of the Agenda Item. REGULAR 510. Office Of The City Manager Requests The City Commission Review A Report On The Solid Waste Fund. Mayor Bush stated, "The [City] Manager says that that is not available at this time - the next Meeting, Mr. McLemore on that one?" Manager McLemore stated, "Yes." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 13, 2003 PAGE 20 OF 25 REGULAR 511. Office Of The City Manager Requesting The City Commission To Review This Report On The Possible Termination Of The Existing Franchise Agreement With Florida Recycling. Services, Inc., And Provide Direction The Commission Deems Appropriate. Discussion ensued on this Agenda Item with Commissioner Blake who stated, "I think it is time that we have to do something. I think we need to put them on notice and begin going through the process." Commissioner McGinnis asked Manager McLemore, "Do you have a record or files that you keep of complaints?" Manager McLemore stated, "Yes." Deputy Mayor Miller said to Manager McLemore, "So then you are going to start looking into this, and put them on Notice, based on the complaints that you already have got?" Discussion. Deputy Mayor Miller left the Commission Chambers at 1 0: 15 p. m. "I MAKE A MOTION TO DIRECT THE CITY MANAGER TO INITIATE THE PROCESS TO TERMINATE OUR CONTRACT WITH FLORIDA RECYCLING." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. Deputy Mayor Miller returned to the Commission Chambers at 10: 16 p. m. VOTE: DEPUTY MAYOR MILLER: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: NAY COMMISSIONER McGINNIS: NAY MOTION CARRIED. REGULAR 512. Office Of The City Manager Requesting That The City Commission Authorize A Supplemental Appropriation In The Amount Of $2,500.00 From The General Fund To Line Code 1100-54800 (City Commission - Promotion Expense) For Payment To Avid Neo Geo To Revise The City's Promotional Video. Discussion ensued on the amount being requested for this Supplemental Appropriation. Tape 3/Side B CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 13,2003 PAGE 21 OF 25 Further discussion. "I WOULD LIKE TO MAKE A MOTION WE APPROVE ITEM '512.'" MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: NAY COMMISSIONER MARTINEZ: NAY COMMISSIONER McLEOD: AYE DEPUTY MAYOR MILLER: AYE MOTION CARRIED. REPORTS REPORTS 600. Office Of The City Attorney - Anthony A. Garganese, Esquire Attorney Garganese advised the City Commission that, "We closed on time on the Wincey property and the City now owns the Wincey property." Next, Attorney Garganese stated, "We received a Deed today regarding the Villagio buffer area - that would be the strip of land between the shopping center and Stone Gable." Attorney Garganese added that he was working on getting the document recorded. REPORTS 601. Office Of The City Manager - Ronald W. McLemore Manager McLemore asked if the City Commission had any conflicts with the November 24, 2003 City Commission Regular Meeting date, which is currently scheduled for the week of Thanksgiving. No conflicts were noted. REPORTS 602. Office Of The City Clerk - Andrea Lorenzo-Luaces City Clerk Lorenzo-Luaces noted that the next Workshop (on "Permitted Uses") IS Monday, October 20th at 6:30 p.m. Mayor Bush noted, "I will not be here." Commissioner Martinez stated, "Point of Order" and spoke about the Chairperson for this Meeting. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 13,2003 PAGE 22 OF 25 REPORTS 603. Commission Seat One/Deputy Mayor - Robert S. Miller Deputy Mayor Miller asked Chief of Police Daniel J. Kerr about signage which involves doubled fines for speeding in areas where construction workers are present, and inquired, "Would it be possible for the City of Winter Springs to have some kind of a similar type of legislation for children present?" With discussion, a consensus of the City Commission was taken as to whether the City Attorney should research this issue. Commissioner McLeod stated, "There is no way to drive down a street and know if there are kids ahead of you." Commissioner McGinnis stated, "Anthony [Garganese], see if you can find anything, and don't spend a hundred hours doing it." Commissioner Martinez said, "No." Commissioner Blake stated, "No, thank you." Mayor Bush summarized, "That's three (3) No's," thus, no official action by the City Commission was requested or taken. Deputy Mayor Miller then spoke on Town Centers and during his comments he pointed out, "The single area in which Winter Springs Town Center seemed to have made a poor design choice to date, was allowing the planned Wendy's drive-thru to completely surround the store. This issue in my opinion should be urgently revisited if possible to readdress this issue before construction begins." REPORTS 604. Commission Seat Two - Michael S. Blake Commissioner Blake commented on [Code Enforcement Board Member] Ms. Lurene Lyzen who is moving out of state, and said that because of her years of service to the City, "If there were ever an opportunity to do something special for a citizen that has been volunteering for an extended period of time, this might be it." Mayor Bush stated, "I certainly agree and I do plan to do some things." Next, Commissioner Blake remarked about a notice for expansion of utility area, and asked Manager McLemore, "Does any of this overlap into our either current or planned service area?" Manager McLemore responded, "I have not had a chance to analyze it, but we will be." Commissioner Blake added, "I would be particularly concerned - with - over on the eastern side of the City." Furthermore, Commissioner Blake added, "If so, we should know where it is and not ignore it and make sure we take any appropriate action." Manager McLemore added, "Absolutely, it is on the work list." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 13, 2003 PAGE 23 OF 25 REPORTS 605. Commission Seat Three - Edward Martinez, Jr. Commissioner Martinez suggested "It would behoove this Commission to direct the [City] Manager to look for ways and means to improve the fayade of City Hall to resemble that of the Town Center that we so much are trying to sell." Secondly, Commissioner Martinez asked, "What is the status of the mediation issue with Esterson [Construction]?" Discussion. Thirdly, Commissioner Martinez advised the City Commission that in light of a possible upcoming meeting with the City of Oviedo, a "Notice of Public Hearing came out over the weekend in the paper and calls for a Hearing for developing thirty-seven (37) acres north of [State Road] 434 and in the vicinity of Florida Avenue, which is - in the middle of the Hammocks." Fourthly, Commissioner Martinez spoke of Staffs input and stated, "Staff is not always 100 percent" correct. Commissioner Martinez added, "Many times we rely on their information to make decisions instead of trying to do a little research or checking things out ourselves." In light of recent Tree Removal requests, Commissioner Martinez added, "We cannot always rely on Staff - especially when a Commissioner sitting up here brings you information to the contrary - you should make an effort to corroborate the facts and come up with who is right and who is wrong before you make decisions." REPORTS 606. Commission Seat Four - Sally McGinnis Commissioner McGinnis commented on the improvements to the Lobby area of City Hall. Next, Commissioner McGinnis suggested that a small light be added to the podium in the Commission Chambers. Mayor Bush said, "I think Andrea [Lorenzo-Luaces, City Clerk] can take care of that." Commissioner McGinnis spoke of the Mayor giving the Teacher of the Y ear Award and suggested "I would request that we do that for all of our schools this year." Commissioner McGinnis added, "Make that an annual thing - we send a Notice to the schools, saying we are going to do this every year." Mayor Bush said, "That is a good idea, and Andrea [Lorenzo-Luaces, City Clerk] you will help get that out." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 13,2003 PAGE 24 OF 25 REPORTS 607. Commission Seat Five - David W. McLeod No Report. REPORTS 608. Office Of The Mayor - John F. Bush Mayor Bush spoke about meeting with Mayor Thomas G. Walters of the City of Oviedo. Mayor Bush explained that both Mayors "Want to develop a concept of a dialogue between the two (2) bodies and not - having a meeting to come to decisions at this point, but to try to get a better understanding of each other and also get to know them a little better. We identified three (3) areas that we think we have mutual interests in - and one of them is not Annexation - I don't think that would be something we would ever want to go at in the first meeting with someone we are just trying to get to know. One of them is - Oviedo is trying to get a Hospital located in our area. I think that is a worthy project for us to join in." Secondly, Mayor Bush added that both Mayors were interested in addressing "The tolls on the Greene Way. Oviedo feels likewise, that this is something that needs to be brought back up. The other one is - Jetta Point, which is really the County, out by the GreeneWay, in terms of the Parks, the recreation facilities - that we should probably join with Oviedo, because it will be Oviedo and Winter Springs' residents probably that will be using those Parks." A fourth issue of possible interest to both cities is a new High School planned for the City of Oviedo and Redistricting. With further discussion, Mayor Bush stated that both Mayors were going to recommend "Two (2) meetings, and Seminole Community College will host the meetings, which will mean they will provide the facilities, and the public address systems, etceteras." Mayor Bush added that Oviedo would host the first meeting, which would mean "They would provide the Clerk who would - do the recording of the meeting for the public records. The second meeting would be our responsibility, again at Seminole Community College, and this would be the campus located in Oviedo." Furthermore, Mayor Bush explained that "We would like to have a Moderator there from neither of our cities, someone who would run the Meeting - 'Envision Seminole' has a person who will moderate the meeting, 'Envision [Seminole'] will actually pay them, so it won't cost us anything and Burt Bertram is his name." [A document on "Dialogue" was passed out to Members of the City Commission, Manager McLemore and Attorney Garganese] . Mayor Bush suggested that the meetings would not be recorded. "The Clerk just takes Minutes. It does not have to be recorded, because this is a Workshop, no decisions will be made." Attorney Garganese was in agreement with this. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 13,2003 PAGE 25 OF 25 Discussion ensued on whether the City Managers from both cities should be involved. Regarding whether Manager McLemore should be in attendance, Mayor Bush summarized the consensus of the City Commission as, "I am going to tell them [City of Oviedo] that our [City] Manager is coming." With consensus by the City Commission, it was agreed that we would suggest holding the first meeting on either Tuesday, December 9, 2003 or Tuesday, December 16, 2003. Mayor Bush added, "The host City, in this case, Oviedo would be the first one - the Agenda will be for 6:30 p.m., we will have - a social" with refreshments, and we will do the same when the City of Winter Springs hosts the second meeting. Further, Mayor Bush pointed out that "It will be 30 minutes of talking to each other, and then the meeting would start at 7:00 p.m. It will go no longer than nine o'clock." Mayor Bush spoke of recent Appointments to the Florida League of Cities - "On the Criminal Justice Policy Committee - Commissioner Martinez; and - on the Intergovernmental Relations Policy Committee, Commissioner Miller." Lastly, Mayor Bush noted "With the Commission's approval, I would like to put something together at one of our Meetings - the next Meeting if possible, for Lurene Lyzen - a "Key to the City." Mayor Bush added, "Andrea [Lorenzo-Luaces, City Clerk] and I will work on something for Lurene [Lyzen]." ADJOURNMENT Mayor Bush adjourned the Meeting at 11 :07 p.m. ORENZO-LUACES, CMC CLERK APPROVED,'. ~ ..;.. ... . ". ----"---r- ::..'..~ ~ '- - \ "~._~ " . " ~. -:.'-'...~ . . ......- -.--..::--.: F. BUSH ~ :--: ; "'~ ".... f\,VOR .'';' .:.2': .- -- r ,.- ~--: ~ ... - .;,~ ;. --. -.' ~~'''''.:.~ NOTE:;rhese Minutes were approved at the October 27, 2003 Regular City Commission Meeting.