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HomeMy WebLinkAbout_2004 05 24 City Commission Regular Minutes CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING MAY 24, 2004 CALL TO ORDER The Regular Meeting of Monday, May 24, 2004 of the City Commission was called to order by Mayor John F. Bush at 6:30 p.m. in the Commission Chambers ofthe Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). ROLL CALL: Mayor John F. Bush, present Deputy Mayor Edward Martinez, Jr., present Commissioner Robert S. Miller, present Commissioner Michael S. Blake, present Commissioner Sally McGinnis, present Commissioner David W. McLeod, present City Manager Ronald W. McLemore, arrived at 6:32 p.m. City Attorney Anthony A. Garganese, present Mayor Bush led the Pledge of Allegiance after a moment of silence. PUBLIC INPUT Ms. Helga Schwartz, 720 Galloway Court, Winter Springs, Florida: spoke in opposition to Regular Agenda Item "500". AWARDS AND PRESENTATIONS Mayor Bush presented Deputy Mayor Edward Martinez, Jr. with a Key to the City. City Manager Ronald W. McLemore arrived at 6:32 p.m. Deputy Mayor Martinez then thanked Mayor Bush and the City Commission for this honor. Next, Certificates of Recognition were presented to Winter Springs High School Teacher Ms. Trent Daniel and students affiliated with the Milken Family Trust's "Going Batty" project. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MAY 24, 2004 PAGE 2 OF 22 Mayor Bush stated, "I have encouraged Ms. Daniel to make a proposal to the City that we could put some of these bat houses in our City Parks." Mayor Bush added, "I would like to see a proposal come to our Parks and Recreation Department to take a look at that. I think it is a great idea." Commissioner Michael S. Blake suggested bringing the "Students up and get a picture with you so we can put that in the newsletter." In other business, Deputy Mayor Martinez read a personal statement. Regarding "Agenda Changes", Mayor Bush stated, "'500' on the Regular Agenda has been pulled at the request of the Roy's, and we are going to move [Regular Agenda Item] '505' to the front - ofthe Regular Agenda." CONSENT AGENDA CONSENT 200. Office Of The City Clerk Approval Of The May 10, 2004 City Commission Regular Meeting Minutes. There was no discussion on this Agenda Item. CONSENT 201. Community Development Department Requests The City Commission Validate The Staff Recommendation Finding Heritage Park Townhomes Built In Substantial Accordance With The Final Engineering And To Accept The Potable Water And Sanitary Sewer Infrastructure For Ownership And Maintenance. Discussion. CONSENT 202. Parks And Recreation Department Requesting That The City Commission Approve A Supplemental Appropriation From The General Fund Reserve In The Amount Of $12,500.00 To Fund The Senior Transportation Service Through Remainder Of FY 04. No discussion. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MA Y 24,2004 PAGE 3 OF 22 CONSENT 203. Public Works Department Requesting Authorization To Enter In A Contractual Agreement For The Installation Of Roadway Underdrains On Coral Way. With discussion, Commissioner Robert S. Miller stated, "What I would like you to do if you could is before you actually get started, go back and check the creek - there where that water is going to keep running in and make sure it is properly reinforced." CONSENT 204. Not Used. CONSENT 205. Utility Department Requesting Authorization To Enter Into A Contract To Install Two (2) Power Variable Frequency Drive Pump Controllers By Piggybacking Off Of State Of Florida Purchasing Agreement Number 2852110-4. There was no discussion on this Agenda Item. "MOTION TO APPROVE CONSENT AGENDA." MOTION BY COMMISSIONER BLAKE. MAYOR BUSH ST A TED, "SECONDED BY COMMISSIONER MILLER." DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR MARTINEZ: AYE MOTION CARRIED. INFORMATIONAL AGENDA INFORMATIONAL 300. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. Discussion ensued on the proposed Ice Cream Shop. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MAY 24, 2004 PAGE 4 OF 22 Regarding the proposed Ice Cream Shop, Commissioner Miller inquired, "Have the residents of Hacienda Village been notified that there is some development going to take place on their entrance?" With discussion, Commissioner Miller added, "Well, I will make it my business to spread the word over there." Discussion ensued on turn lanes and access. Commissioner Blake inquired about the plans for the building and asked, "What type of architectural features or construction materials would they need to use there?" Mr. John Baker, AICP, Senior Planner, Community Development Department stated, "I would have to pull the Code up for that." Commissioner Blake added, "Keep an eye out for it, because I have seen two (2) others of their stores and - they look to be like a metal trailer coming in off of a truck that they set in place." Deputy Mayor Martinez spoke in agreement with Commissioner Miller's comments about the residents of Hacienda Village and said, "I think that they should be notified whenever a project is going to be developed by their residential area." Commissioner Sally McGinnis said, "I am glad you have said that you have made them aware of the design standards and some of the possible demands that could be put on them. You might want to make them aware of what happened to the [General] Dollar store." Commissioner McGinnis added, "They really need to know that we have very high standards and we are going to be sticking to that." INFORMATIONAL 301. Public Works Department Advising The City Commission Of The Status Of Various Capital Improvement Projects. With discussion on "Trying to get additional funding for the Seminole Trail," Commissioner Miller stated, "I would just like to encourage this Commission to stay on top of this issue." INFORMATIONAL 302. Parks And Recreation Department Requests That The City Commission Review Information From The Senior Citizen Center Survey Conducted In March And April, 2004. "MOTION TO APPROVE." MOTION BY COMMISSIONER BLAKE. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER MARTINEZ." DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MAY 24, 2004 PAGE 5 OF 22 COMMISSIONER MILLER STATED THAT "SIX (6) OR SEVEN (7) OF THE RESPONDENTS MADE A REFERENCE TO THE SENIOR CITIZEN'S CENTER BEING SMALL; COULD USE MORE SPACE; IT IS CROWDED AT CERTAIN TIMES, AND I WOULD LIKE THE CITY MANAGER TO GET WITH SUSIE [COFFMAN, SENIOR CENTER MANAGER] AND MAYBE SOME OTHER SENIOR CITIZEN'S CENTERS AND CITIES OUR SIZE, AND FIND OUT IF AT SOME POINT IN THE FUTURE WE NEED TO LOOK AT ENLARGING THAT FACILITY SO THAT WE CAN START THINKING ABOUT IN NEXT YEAR'S BUDGET OR THIS YEAR'S, IF THAT IS APPROPRIATE." MAYOR BUSH STATED, "GOOD IDEA!" VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR MARTINEZ: AYE COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 400. Community Development Department - Planning Division Requests The City Commission Conduct A Public Hearing For The 2nd Reading/Adoption Of Ordinance 2004-15, Annexing A Parcel Located At 1181 Orange Avenue Equaling Approximately 8.558 Acres Owned By Guy Ferlita Trustee. City Attorney Anthony A. Garganese read Ordinance 2004-15 by 'Title' only. Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MAY 24, 2004 PAGE 6 OF 22 "I WOULD LIKE TO MAKE A MOTION WE ADOPT ORDINANCE 2004-15." MAYOR BUSH STATED, "MOTION TO APPROVE BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ." DISCUSSION. VOTE: DEPUTY MAYOR MARTINEZ: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. PUBLIC HEARINGS 401. Community Development Department - Planning Division Requests The City Commission Conduct A Public Hearing For The 2nd Reading/Adoption Of Ordinance 2004-18, Annexing A Parcel Located At 1184 Orange Avenue Equaling Approximately 1.7 Acres And Owned By George And Yvonne Meier. Attorney Garganese read Ordinance 2004-18 by 'Title' only. Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. "MOTION TO APPROVE" [ORDINANCE 2004-18]. MOTION BY DEPUTY MAYOR MARTINEZ. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: DEPUTY MAYOR MARTINEZ: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MAY 24, 2004 PAGE 7 OF 22 PUBLIC HEARINGS 402. Community Development Department - Planning Division Requests The City Commission Conduct A Public Hearing For The 2nd Reading/Adoption Of Ordinance 2004-21, Annexing Parcels Located At 1268 Orange Avenue Equaling Approximately 4.8 Acres Owned By Mohammad S. And Karen Kazma. Attorney Garganese read Ordinance 2004-21 by 'Title' only. Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. "I MAKE A MOTION TO APPROVE ITEM '402'," ORDINANCE 2004-21. MOTION BY COMMISSIONER MILLER. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER MARTINEZ." DISCUSSION. VOTE: COMMISSIONER MILLER: AYE DEPUTY MAYOR MARTINEZ: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. PUBLIC HEARINGS 403. Community Development Department - Land Development Division Presents To The Commission The Recommendation Of The Districting Commission As It Relates To The Redistricting Of The City And To Request Approval Of The First Reading Of Ordinance Number 2004-27 Which Will Establish District Boundaries Reflecting The January 31, 2004 Population. Mayor Bush said, "Can we have a Motion to read by 'Title' only." "SO MOVED." MAYOR BUSH STATED, "WE HAVE A MOTION TO READ BY 'TITLE' ONL Y BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER MILLER." DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MAY 24, 2004 PAGE 8 OF 22 VOTE: DEPUTY MAYOR MARTINEZ: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. Attorney Garganese stated, "I made a couple of changes to the 'Title' that will air on , Second Reading, just to bring it into conformance with the new City Charter that was adopted a couple of years ago." Attorney Garganese then read Ordinance 2004-27 by 'Title' only. Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. Commissioner Miller stated, "I would just like to compliment and congratulate the Members of the Board that did the work for this. As usual, I think they did a fantastic job - and the numbers are so close!" Commissioner McGinnis added, "I was also impressed with their product and what they came up with - I think they did a great job and it is very equitable - very evenly divided. Goodjob - they all need to be commended." Discussion. Mayor Bush noted for the record, "Commissioner Blake is happy." "MOTION TO APPROVE - ITEM '403'." MOTION BY COMMISSIONER McGINNIS. MAYOR BUSH ADDED, "SECONDED BY COMMISSIONER MILLER." DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE DEPUTY MAYOR MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MAY 24, 2004 PAGE 9 OF 22 Tape I/Side B .:. .:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS DISCUSSED NEXT, AS DOCUMENTED, FOLLOWED BY THE REST OF THE AGENDA. .:..:. REGULAR AGENDA REGULAR 50S. Office Of The City Manager Requesting The Commission To: · Adopt Resolution Number 2004-17 Authorizing (1) Extension Of The Bank Loan Financing The Oak Forest Assessment Projects, And (2) Obtaining An Additional $80,000.00 For Other Projects In The Assessment Area. Mr. Michael Williams, Esquire, Akerman Senterfitt, P.A., 255 South Orange Avenue, Orlando, Florida: addressed the City Commission and noted a few changes. Discussion ensued with Mr. Kip Lockcuff, P.E., Public WorkslUtility Department Director. Ms. Louise Allen, 1065 Winter Springs Boulevard, Winter Springs, Florida: as a Member of the Oak Forest Wall and Beautification District Advisory Committee, Ms. Allen addressed this Agenda Item. Further discussion. "MOTION TO APPROVE [REGULAR AGENDA ITEM] '50S'." MOTION BY COMMISSIONER MILLER. SECONDED BY DEPUTY MAYOR MARTINEZ. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR MARTINEZ: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MAY 24, 2004 PAGE 10 OF 22 REGULAR 500. Community Development Department - Planning Division Requests That The City Commission Make A Determination As To Whether Creative Printing And Publishing, A Small Scale Commercial Printer, Is A Permitted Use Within The "C-1 Neighborhood Commercial" District. As stated earlier in the Meeting, this Agenda Item was pulled. REGULAR 501. Community Development Department Requests The City Commission Hear A Request For A Variance By Virginia Stern From Section 20-103. Of The City Code Of Ordinances, To Encroach As Much As Ten Feet (10') Into The Twenty Foot (20') Rear Building Setback. The Variance Is Contingent Upon The City Vacating A Portion Of A Private Drainage Easement Along The Rear Of The Property (Separate Action By Tille City Commission). Mr. Baker introduced this Agenda Item. Ms. Virginia Stern, 1406 Winding Stream Court, Winter Springs, Florida: addressed her request for a Variance, and presented her fiance, Mr. John Orkis. Mr. John S. Orkis, 951 Wedgewood Drive, Winter Springs, Florida: addressed the City Commission and presented illustrative materials related to this Variance Request. With discussion, Commissioner Blake noted, "20-357." Mr. Rudi Stockhammer, Chairman of the Architectural Review Board/First Vice President/Treasurer of the Bentley Green Homeowners Association, 856 Bentley Green Circle, Winter Springs, Florida: spoke in favor of the "Variance" Request. Much discussion. Tape 2/Side A Deputy Mayor Martinez asked Mr. Stockhammer, "Are you telling us truthfully, that in the past two (2) or three (3) years, you have not denied a resident an application for a change to your ARB [Architectural Review Board] Committee. You have never done that?" Mr. Stockhammer responded, "No. We have not denied any." With further discussion, Commissioner McGinnis said, "This would all be contingent upon the Drainage Easement." Mr. Don Northington, 893 Bentley Green Circle, Winter Springs, Florida: also addressed the City Commission on this request. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MAY 24, 2004 PAGE II OF 22 Discussion. Commissioner Blake said to Attorney Garganese, "This is a recorded document - Covenants that run with the land. Are we the body that can change that?" Attorney Garganese stated, "I am not convinced of that." Further discussion. A recess was called at 8:30 p.m. Mayor Bush reconvened the Meeting at 8:43 p.m. Ms. Carolyn Carney, 1408 Winding Stream Court, Winter Springs, Florida: spoke in favor of this Variance request. Mayor Bush explained that Attorney Garganese said that this was "A complicated issue, so let's Table this until he comes back out." "MOTION TO TABLE - [REGULAR AGENDA] ITEM '501'." MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR MARTINEZ. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR MARTINEZ: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. REGULAR 502. Community Development Department Requests That The City Commission Consider Window Sign age Proposed For Both The North (Courtyard) And South (State Road 434 Frontage) Sides Of Tijuana Flats Restaurant At Building Number 1, Within The JDC Calhoun Town Center Site. Brief discussion. "MOTION TO APPROVE" - REGULAR AGENDA ITEM "502." MOTION BY DEPUTY MAYOR MARTINEZ. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MAY 24, 2004 PAGE 12 OF 22 VOTE: DEPUTY MAYOR MARTINEZ: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. Manager McLemore returned to the dais at 8:46 p.m. Attorney Garganese returned to the dais at 8:46 p.m. .:..:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS AGAIN DISCUSSED NEXT, AS DOClUMENTED, FOLLOWED BY THE REMAINDER OF THE AGENDA. .:..:. REGULAR AGENDA REGULAR 501. Community Development Department Requests The City Commission Hear A Request For A Variance By Virginia Stern From Section 20-103. Of The City Code Of Ordinances, To Encroach As Much As Ten Feet (10') Into The Twenty Foot (20') Rear Building Setback. The Variance Is Contingent Upon The City Vacating A Portion Of A Private Drainage Easement Along The Rear Of The Property (Separate Action By The City Commission). Manager McLemore stated, "Our recommendation Mr. Mayor is this be Tabled until the next Meeting." Attorney Garganese explained, "We want. to make sure that the City Commission is applying the right criteria to consider this request." With further discussion on this issue, Mayor Bush said to Mr. Orkis, "Talking with Anthony [Garganese] would clarify that." Manager McLemore added, "Your Attorney has been put in the position to make an on- the-spot legal rendering here about this issue and it is very difficult to do in this situation, and he needs time to think through it - and at the next Meeting, that opinion will be available to everybody." "MOTION TO TAKE [REGULAR AGENDA] ITEM '501' OFF THE TABLE." MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR MARTINEZ. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MAY 24, 2004 PAGE 13 OF 22 VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR MARTINEZ: AYE MOTION CARRIED. "MOTION TO POSTPONE [REGULAR AGENDA] ITEM '501' UNTIL THE FIRST MEETING IN JUNE." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MILLER. MAYOR BUSH ADDED, "POSTPONED TO JUNE THE 14TH." DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE DEPUTYMAYORMARTINEZ: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. REGULAR 503. Community Development Department Requesting Commission Consider And Approve A Development Agreement Modification To Decrease The Rear Yard Setbacks From Twenty Feet (20') To Fifteen Feet (15'). Discussion ensued with Mr. Baker and Attorney Garganese on Site Plans, Plats, and the related Development Agreement. Tape 2/Side B Further discussion. "MOTION TO APROVE." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE DEPUTY MAYOR MARTINEZ: NAY COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MAY 24, 2004 PAGE 14 OF 22 REGULAR 504. Community Development Department Requests The City Commission Review Conceptual Plans For The Proposed Barclay Woods Townhouse Subdivision Before Coming Back To The City Commission With Final Engineering/Subdivision Plans And The Associated Documents. Mr. Thomas Corkery, 759 Bear Creek Circle, Winter Springs, Florida: addressed the City Commission and stated, "I am here as the owner and developer of this piece of property - to build - to have eighty-eight (88) townhomes built on this piece." Mr. Corkery then said, "I still have this beautiful entranceway I want to build for this project, private gated community with a fountain in the front - a lot of landscaping I have planned for the project. As we all know, that parking was an issue for this project when I was here two (2) weeks ago. You had asked me if I could come up with some other plans - for parking and - so I have - so you are going to have some options tonight to make a decision which is of course why you are here. By the way, all my townhomes fit on my lots, and these are the townhouses we are going to build. I have an extra 386 credits as far as landscaping, mitigation is for this project, and that really wasn't an issue two (2) weeks ago either. Parking - now the Code reads one (1) per unit and we all know we want more. This design here has - Commissioner McGinnis - I agree with you and if the rest of your Commissioners agree, it will be a one-way street. If you allow parking on one side of the road, I will have - I have 176 spaces as two (2) per unit, and I have off-site a total of forty-three (43). So with that, I'm sorry - eighty-eight (88) townhomes, two (2) parking spaces per unit which is 176 spaces. The off-site as you see here which is different than what you saw last week, we have an additional forty-three (43) off-site spaces. Now with that street parking, I would have 219 parking spaces which is one and one-half (1 Y2.) - a little over one and one-half (1 Y2) parks per unit. If we added, that is 219 parking spaces - if we added one side of the street, for parking, it would give me 243 parking spaces which is two and three-quarters (2 %) parks per unit, on a one-way street. The difference that we will see here and I am going to turn to the next rendering..." Commissioner Blake inquired, ".. .How many?" Mr. Corkery responded, "I have two (2) per townhome with the garage and the driveway - I have - 176 - I have off-site, these off- site parking areas, I have forty-three (43)." Commissioner Blake then said, "So that is two and one-half (2 Yz) per unit - you said one and one-half (1 ~)." Mr. Corkery then said, "So that is 219 parking spaces. If we added the one side of the road - which would give me an additional twenty-four (24) spaces, it would be a total of 243 parking spaces at two and three-quarters (2 %) parking spaces per unit. Now the downside of this plan is now the off-site parking with the green spaces. Now, I don't have as much green space and the landscape - now there are trees that won't be in the Landscape Plan that were originally designed for the Landscape Plan, so that is a decision you will have to make on the project." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MA Y 24,2004 PAGE 15 OF 22 Furthermore, Mr. Corkery stated, "I did not have a chance to change this plan, but my numbers I am about to give you do not include these nine (9) parking spaces here. That is absolutely ugly and that is not what I want for this project. I want people to come in, . see the fountain and just have a - just a beautiful view coming in. On this plan 'A', I call it, I have all the landscaping in and I have nine (9) instead of twenty-four (24) off-site parking areas. Two (2) weeks ago, I had six (6); so we would have nine (9) with on- street parking - I would have thirty-one (31) which does not include these nine (9) vehicle parking areas here which would - and thirty-one (31) street, nine (9) off-sites, 176 two (2) units, two (2) parking spaces per unit which would give me 216 parking spaces for the entire project which equals to two and one-half (2 Y2) parks per unit..." Manager McLemore asked, "... That is with parking on one side?" Mr. Corkery stated, "That is parking on one side. Both plans are parking on one side. So, one has 216 units, the other one is 243 with parking on one side." Commissioner Blake inquired, "They are both one-way projects?" Mr. Corkery responded by saying, "Yes." Commissioner David W. McLeod asked, "This is 'A' with the 2l6?" Mr. Corkery stated, "Yes." Commissioner McLeod added, "And 'B' is..." Mr. Corkery interjected, "...Is 243 with the twenty-four (24) off-site parking." Discussion. Manager McLemore said to Mr. Corkery, "You really have then three (3) options out there. One is an option with no on-street parking right?" Mr. Corkery answered, "That's correct." Manager McLemore added, "But you have these set aside units..." Mr. Corkery then said, ".. .Of parking. Right." Manager McLemore said, "And - on that option with no on-street parking, how many parking spaces are there?" Mr. Corkery stated, "219. 2.6." Manager McLemore continued, "The only downside to that is you do lose in certain spots some landscaping." Mr. Corkery agreed and said, "That's correct." Manager McLemore then said to Mr. Corkery, "Would you point those spots out. . ." Mr. Corkery stated, ".. . Sure.. ." Manager McLemore added, "... Where you lose some landscaping. " Mayor Bush stated, "Now this is Proposal 'c' - the third one?" Mr. Corkery said, "Yes, proposal 'c' is this plan without the cars on the street, and so if we take out these cars on the street which is - up here - all these grey areas here and here and here and here and here - they were planned for of course landscaping." Mayor Bush summarized, "In 'A', there are 216 spaces; 'B', there is 243; and 'c' there is 219." Mr. Corkery responded, "Yes." Mayor Bush then pointed out, "So, 'c' with - no parking on the street actually has more parking spaces because you are using the - off- site that would have been landscaping - now become parking lots." Mr. Corkery said, "Correct. " CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MAY 24, 2004 PAGE 16 OF 22 Commissioner Blake inquired, "Can't you enhance the landscaping in these areas right here and around each of these parking centers?" Mr. Corkery stated, "The detailed landscaping does not do this plan justice. Our detailed landscaping is quite intense for this project." Discussion. Commissioner McLeod said to Mr. Corkery, "On 'c' - if you have zero (0) street parking, then does that mean you have not a single one-way directional, but now you go both ways?" Mr. Corkery stated, "Well no, I can make this project just a one-way street." Commissioner McLeod then inquired, "Why would you do that though if you have no street parking." Mr. Corkery said, "I wouldn't have to do that." Commissioner McLeod added, "You wouldn't have to do that." Mr. Corkery then pointed out, "I don't think one-way or two-way makes a difference here. There is more than sufficient room for the largest of emergency vehicles to get through if you did allow for one side of the street - for on-street parking." With discussion, Commissioner McLeod inquired, "How wide are your streets?" Mr. Corkery stated, "Twenty-two feet (22') wide." Commissioner McLeod then asked, "And if you went to one-way, what would you do to your street, would you narrow your street and give you more driveway?" Commissioner McLeod said, "They are sixteen feet (16') long." Mr. Corkery added, "There are twenty-three (23) out of eighty-eight (88) that are sixteen feet (16') long. After that, they are all eighteen feet (18') long and longer." Commissioner McLeod suggested, "If we are saying that you can't have on-street parking, but you are going to have one-way, would it then not be beneficial to make the street instead of twenty-two feet (22') wide, narrower and take the difference up in making longer driveways to get the vehicles into the driveways?" Mr. Corkery responded, "It's great for me. It saves money for me." Discussion. Commissioner Blake said to Mr. Corkery, "The option with the additional parking..." Mr. Corkery stated, "... This plan here?" Commissioner Blake then said, "Yes, I believe that is the one. How many spaces here?" Mr. Corkery responded, "I have forty-three (43) off-site spaces there." Commissioner Blake added, "219..." Mr. Corkery said, ".. .219 total. .." Commissioner Blake then stated, ".. .219 is the total - with the two-way street?" Mr. Corkery replied, "Correct." "I MAKE A MOTION WE APPROVE THAT." MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR MARTINEZ. DISCUSSION. COMMISSIONER BLAKE STATED, "THE MOTION WAS TO APPROVE THIS PICTURE RIGHT HERE, WITH 219 SPACES, THAT IS TWO (2) PER UNIT, PLUS THE FORTY-THREE (43), I THINK YOU SAID - IS THAT CORRECT SIR?" MR. CORKERY RESPONDED, "YES." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MAY 24, 2004 PAGE 17 OF 22 MAYOR BUSH STATED, "THAT WAS ALTERNATE 'C'." COMMISSIONER BLAKE ADDED, "WITH THE TWO-WAY STREET AND NO ON-STREET PARKING." MAYOR BUSH STATED, "MOTION MADE BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION." VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR MARTINEZ: AYE COMMISSIONER MILLER: NAY COMMISSIONER McLEOD: NAY MOTION CARRIED. Mr. Corkery stated, "On the landscaping plan of this project, it basically stays the same, we lose a few trees here and I will try to push them up further so we don't lose anything, but one of the things - now, I had made numerous copies of plans and four (4) times now, seventeen (17) copies of everything I have done here. The only thing that has changed in this plan that is here originally with the City on the Landscape Plan is that we moved the sidewalk up next to the curb which you all are aware of. I have eight (8) trees that were supposed to be between the curb and the sidewalk; now the trees are just - between the sidewalk and the curb, to the other side of the sidewalk. Would it be alright just to put like a red line on these eight (8) trees on the plans that already have been submitted here - the landscaping you have already seen. It is actually a gorgeous job. Instead of re-doing the Landscape Plans again, another seventeen (17) copies - we are talking eight (8) trees - moving five feet (5') just on the other side of the sidewalk instead of - from one side to the other side." Mayor Bush said, "Mr. McLemore, do we have any problem with that request?" With discussion, Mr. Lockcuff stated, "Just very minor, right? The only thing I would be concerned about is the additional parking, and would want to review the stormwater cales [calculations] and such to make sure that it is consistent, and the grading. " Manager McLemore added, "I would have to think about the extra parking. That is going to have to be designated. Is that on your plans?" Mr. Corkery stated, "They will show on the Engineering." Mr. Lockcuff inquired, "Is the Final Engineering coming back to this?" Attorney Garganese stated, "Yes." Mr. Lockcuff added, "Next Meeting?" Manager McLemore stated, "Yes." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MAY 24,2004 PAGE 180F22 REPORTS REPORTS 600. Office Of The City Attorney - Anthony A. Garganese, Esquire No Report. REPORTS 601. Office Of The City Manager - Ronald W. McLemore Manager McLemore stated, "In talking with the City Manager from Oviedo last week, and I got this - an outline from him of the Meeting, I don't know if you got that or not - I think you did. My understanding was that we were not going to try to deal with any issues at this first meeting, that all we were going to do was get together, kind of break the ice and have a soft opening." Commissioner McGinnis said, "Correct." Manager McLemore then said, "But this Agenda did not reflect that." Secondly, Manager McLemore stated, "I did put in your boxes, a Memorandum relative to my meeting in Charleston two (2) weeks ago with Shane Doran on Phase Two." Deputy Mayor Martinez stated, "I did not see it." Discussion ensued on needed parking for the Town Center, Phase Two, and possible costs for the project. With further comments, Manager McLemore spoke of more residences with consideration of the Plante property and added, "There are - at this point of time, probably - including Heritage Park, twelve hundred or better Townhomes in the pipeline at this point in time. So, I think it is an interesting point we need to think about. I think we probably would want to bring you a proposal to look at, in the next couple of Meetings, ifnot next Meeting." Mayor Bush stated, "I think what the Manager is recommending is a good idea. Does the rest of the Commission agree with what Ron [McLemore] is proposing? Okay - to make some suggestions." Commissioner McGinnis said, "He will come back." Commissioner Blake added, "Bring it back to us." Manager McLemore suggested, "I'll bring you back a couple of ways of dealing with this issue." REPORTS 602. Office Of The City Clerk - Andrea Lorenzo-Luaces City Clerk Andrea Lorenzo-Luaces spoke on the upcoming Advisory Board and Committee Appointments as to the terms that will be expiring this July and August and said, "If I get you the information for the June 28th [2004] Meeting Agenda, that would give you that Meeting plus the two (2) in July?" City Clerk Lorenzo-Luaces asked the City Commission, "Is this acceptable to you?" There were no objections noted. CITY OF WINTER SPRINGS MfNUTES CITY COMMISSION REGULAR MEETING - MAY 24, 2004 PAGEI90F22 Tape 3/Side A REPORTS 603. Commission Seat Two - Michael S. Blake Commissioner Blake asked about the next Advisory Board and Committee Appreciation Dinner and stated, "I think it has been a great event. It gives an opportunity for this Commission to show some level of appreciation for all those that donate so many hours." Commissioner Blake then spoke of the Budget for this Event. Mayor Bush said, "Andrea [Lorenzo-Luaces], why don't you check on the availability- the Tuscawilla Country Club - this year." Manager McLemore added, "I have an agreement with the Manager for City functions that they will not charge us the rental for the room." With discussion, City Clerk Lorenzo-Luaces stated, "I will try to get you information at the next Meeting for you to decide what dates you all are available - I will bring that back. " REPORTS 604. Commission Seat Three/Deputy Mayor - Edward Martinez, Jr. Deputy Mayor Martinez spoke of resigning this evening - "To allow my successor to come in and join the rest of the Commission on the meeting with the Oviedo people." Next, Deputy Mayor Martinez asked Manager McLemore "Did you find the sponsor for the 4th of July?" Discussion. Deputy Mayor Martinez then stated, "That the Paratransit issue was up over four (4) weeks ago and it was taken off the Agenda." Deputy Mayor Martinez added, "When the Paratransit issue comes back up, I would like him [Commissioner Gilmore] to know that for over two (2) years I have been requesting a list of the people that Lynx services in Winter Springs." Deputy Mayor Martinez added, "They have never supplied that information; and I am saying to you that if you are going to spend $40,000.00 to service six (6) citizens in Winter Springs, you should think about adding that money to what the Senior Citizens Center is spending now, and buy a bus, and let them service the citizens in Winter Springs." Next, Deputy Mayor Martinez spoke on the Wyman Fields project and spoke of his concerns with this project. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MAY 24, 2004 PAGE 20 OF 22 Lastly, Deputy Mayor Martinez thanked everyone for their support during his tenure. REPORTS 60S. Commission Seat Four - Sally McGinnis Commissioner McGinnis mentioned that as she was recently leaving the Tijuana Flats establishment, there were children skateboarding. Commissioner McGinnis said, "That could be a problem - I think we need to look at some Ordinances." Secondly, Commissioner McGinnis presented some photographs of the Appliance Store on State Road 434, next to the Winter Springs Market and noted that the truck is so big, that "When you are driving east on [State Road] 434, you cannot see their new sign." Commissioner McGinnis added that, "They choose to park this big, huge vehicle right at the curb and the sidewalk, all day, every day. After his business closes by the way, he moves that truck to the back. All right, so it is clear that he is using it - in my opinion - as an advertising tool; and it is inappropriate - it is over-sized." Commissioner McLeod stated, "Does the Code say you cannot do that?" Manager McLemore responded, "We are going to look and see." Commissioner McGinnis then pointed out that, "There was a tree on Shepard Road - near Sheoh - that the City cut down. Now the equipment broke, after they cut most of the tree down, so there is a stump about four and one-half feet (4W') tall." Commissioner McGinnis asked that this be taken care of. REPORTS 606. Commission Seat Five - David W. McLeod Commissioner McLeod thanked Deputy Mayor Martinez for his service to the City of Winter Springs. REPORTS 607. Office Of The Mayor - John F. Bush Mayor Bush also spoke on the Paratransit issue and that this issue was addressed at a recent Mayor's and Manager's Meeting. Next, Mayor Bush spoke about a new Roofing business on State Road 419 and their request for off-site advertising. Mayor Bush added, "What he wanted to do was put a Park Bench at the intersection of [State Road] 419 and [State Road] 434." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MAY 24,2004 PAGE 2I OF 22 Mayor Bush then explained that he received a letter from a resident of the Golf Villas who mentioned that "He doesn't feel the Beautification District cares about anything other than Winter Springs Boulevard" and mentioned problems on Northern Way. Mayor Bush added that the resident, Mr. Edward Turner noted that Manager McLemore said Mr. Turner should contact the Tuscawilla Lighting and Beautification District Advisory Committee. Discussion ensued on whether there should only be one Meeting in July, as Manager McLemore and Mayor Bush were planning to be on vacation. With discussion, Mayor Bush summarized to Manager McLemore that the consensus of the City Commission was the City Commission wants "To meet while we are gone." Mayor John F. Bush noted new City of Winter Springs' caps. The last item under Mayor Bush's Report was a problem with trash being picked up on Tuscawilla Trail. REPORTS 608. Commission Seat One - Robert S. Miller Commissioner Miller noted that "Two (2) people have mentioned to me that they have a problem with motorcycles that seem to spend a lot of time on [State Road] 434, and they are not on residential streets where they thought they ought to be." Commissioner Miller added, "I would like you to pass along to the Chief that I think they ought to spend some time on the City's streets." George Street and access along State Road 419 was mentioned next by Commissioner Miller who stated, "I would like to see that move along." Commissioner Miller then noted that regarding the Town Center, "I have noticed the Palm Trees on [State Road] 434 - they look kind of ragged." Commissioner Miller also mentioned that some of the trees do not look very healthy. Also at the Town Center, Commissioner Miller mentioned his disappointment with the large display of "Zephyrhills" water and styrofoam coolers out front of the Publix. Commissioner Miller also said he had heard complaints about people driving fast throughout the Town Center. Commissioner Miller suggested, "I think the City really should seriously look to putting up speed signs in there that say 'Five miles per hour'." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MAY 24, 2004 PAGE 22 OF 22 OATH OF OFFICE The Oath Of Office Will Be Administered To Mr. Donald A. Gilmore By City Attorney Anthony A. Garganese. Mr. Gilmore Will Be Replacing Commissioner Edward Martinez, Jr. - Seat Three Who Is Resigning On This Date. Commissioner Donald A. Gilmore was sworn into the Office of Commissioner for District Three by Attorney Garganese. ADJOURNMENT Mayor Bush adjourned the Meeting at 10: 18 p.m. RESPECTFULLY SUBMITTED: AU ORENZO-LUACES, CMC CL RK APPROVED: - /~ -- Q.".. - - - <---- ::. - ---~~ [: .- "-:--.-" - --,to. :;::> . --- - ~~~... --...." . -., ,-j-=;- NOTE: These Minutes were approved at the June 14,2004 Regular City Commission Meeting.