Loading...
HomeMy WebLinkAbout_2000 02 28 City Commission Regular Minutes CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING FEBRUARY 28, 2000 I. CALL TO ORDER The Regular Meeting of February 28, 2000 of the City Commission was called to order by Mayor Paul P. Partyka at 6:33 p.m, in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708), ROLL CALL: Mayor Paul P. Partyka, present Deputy Mayor Cindy Gennell, arrived on the dais at 6:34 p.m, Commissioner Robert S. Miller, absent Commissioner Michael S. Blake, present Commissioner Edward Martinez, Jr., present Commissioner David W, McLeod, present City Manager Ronald W. McLemore, arrived on the dais at 6:34 p.m. City Attorney Anthony Garganese, present Mayor Partyka called for a moment of silence and then mentioned that Mr. Dick Rozansky (former City Manager) was seriously ill with Brain Cancer, and is at Winter Park Hospital. Deputy Mayor Cindy Gennell arrived on the dais at 6:34 p.m. City Manager Ronald W McLemore arrived on the dais at 6:34 p.m. The Pledge of Allegiance followed. Commissioner Edward Martinez Jr. left the dais at 6:36 p.m. Commissioner Martinez returned to the dais at 6:38 p,m. Presentations Mayor Paul P. Partyka introduced Training Division Chief Robert Beck (and his family). Mayor Partyka and Chief Timothy J, Lallathin recognized Training Division Chief Beck on his many contributions to the community and for his outstanding accomplishments with the City of Winter Springs Fire Department. Mayor Partyka read a plaque for his commitment to the "Executive Fire Officer Program", Training Division Chief Beck was applauded for his extraordinary accomplishments. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 28, 2000 Page 2 of 19 .:..:. AGENDA NOTE: THE COMMISSION AGREED TO MOVE ADD-ON REGULAR AGENDA ITEM "C" UP TO FOLLOW THE CONSENT AGENDA, AND THAT ALL PUBLIC INPUT DEALING SPECIFICALLY WITH ADD-ON REGULAR AGENDA ITEM "C" WOULD BE HEARD WITH THAT AGENDA ITEM. THE COMMISSION ALSO AGREED THAT,INFORMATION AGENDA ITEM "C" WILL BE TAKEN OFF THE INFORMATIONAL AGENDA FOR A SEPARATE VOTE. .:..:. II. PUBLIC INPUT Mr. Medford McCoy, 114 Brookshire Court, Winter Springs, Florida: asked why he had not received a return envelope (with his water bill) over the past two months. Mr. Ronald W, McLemore, City Manager spoke about additional enclosures and said that he would check on this particular situation, Brief discussion ensued on the limitations of the equipment, and that we would check into such matters. Mayor Partyka asked that all mechanical, audio, and video equipment be set up prior to a meeting and that it be in full working order. Ms. Terry Scarlata, 1006 Nancy Circle, Winter Springs, Florida: spoke about comments made by Staff at the January 24, 2000 City Commission Regular Meeting regarding the "Level of service and the concurrency management program", Ms. Scarlata also spoke of area parks; a Winding Hollow Development Agreement; the "Tuscawilla PUD"; Ordinance Number 64; and Sam Smith Park. Commissioner Martinez left the dais at 6:54 p.m. Commissioner Martinez returned to the dais at 6:55 p.m, Ms. Scarlata added that she was going to be making a public records request "To inspect all maps and data that the Staff used to compile their presentation for January 24th". Commissioner David W. McLeod asked if "The City Manager was going to have your staff review the information just given to us, and bring it back to the Commission", Manager McLemore replied, "Be happy to respond by Informational at the next meeting". Brief discussion followed on whether the Parkstone subdivision was a gated community; private roads; and ownership, III. CONSENT A. Fire Department Requesting Authorization For Expenditures From The Fire/Public Safety Impact Fee Fund Balance. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 28, 2000 Page 3 of 19 B. Community Development Department - Land Development Division Requesting Commission Approval For The Acceptance Of The Improvements (Water And Sewer System) Located In Parkstone Unit 1 For City Ownership And Maintenance. C. City Clerk's Office Approval Of The Minutes Of The Regular Meeting Of February 14,2000. D. City Clerk's Office Approval Of The Minutes Of The Special Meeting Of February 21, 2000. (Continuation of the February 14, 2000 Regular Meeting) Commissioner David W. McLeod briefly spoke about approving the minutes, and his recent absence from a Commission Meeting. "MOTION TO APPROVE CONSENT AGENDA". MOTION BY COMMISSIONER MARTINEZ. SECONDED. DISCUSSION. ATTORNEY GARGANESE STATED, "THE RECORD CAN REFLECT THE FACT THAT HE W AS NOT IN ATTENDANCE". VOTE: COMMISSIONER BLAKE: AYE DEPUTYMAYORGENNELL: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS NEXT HEARD BY THE COMMISSION, ALONG WITH PUBLIC INPUT PERT AINING SPECIFICALLY TO THIS AGENDA ITEM. .:. .:. VI. REGULAR ADD-ON C. City Manager Requesting The Commission To Consider Alternative Actions Related To Construction Of A Nature Trail Between Winding Hollow And Oak Forest Subdivisions. Mr. Ronald W. City Manager introduced this Agenda Item and listed some of the possible options. In other business, Mayor Partyka commented that the dais lights were working very nicely. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 28, 2000 Page 4 of 19 Discussion followed regarding holding a Special Meeting; having everyone speak; holding another (larger) meeting; and a previous vote regarding this issue. PUBLIC INPUT Mr. Roger Cooper, 313 Twelve Oaks Drive, Winter Springs, Florida: spoke as "a representative of the Winding Hollow residents who are in favor of the nature trail", and said he was interested in the suggestions of the Commission as to how to progress with this issue. Mr. Cooper also spoke about fear; crime; property values; and suggested several possible solutions including the organization of a committee. Ms. Barbara Becker, 1066 Winding Waters Circle, Winter Springs, Florida: mentioned privacy; paying a premium for property on a conservation area; asked why this is being revisited prior to all residents moving in; and that "fear" is not a problem. Ms. Terry Hopkins, 1072 Winding Waters Circle, Winter Springs, Florida: was not in favor of the nature trail; and spoke of her concern with the possibility of crime and motorized vehicles on the Trail; and a previous situation with a residence on a Trail in Virginia. Ms. Hopkins also suggested that a stop light be placed at their intersection. Mr. Randall Dombrowski, 122 Brookshire Court, Winter Springs, Florida: presented and reviewed with the Commission some charts he had created; spoke of a petition that had been given to the City and the votes that were counted; and asked for consideration of the facts. Mr. Harry Brockman, 1204 Winding Chase Boulevard, Winter Springs, Florida: advised Mayor Partyka that he did not want to address the Commission, but that he was opposed. Ms. Linda Jordan, 1069 Winding Waters Circle, Winter Springs, Florida: spoke of her always being opposed to the nature trail; asked whether Oak Forest should be considered in this matter, as the impact seems to be less on Oak Forest residents than on Winding Hollow residents; and the position of the Homeowners' Association regarding this issue. Ms. Nancy Taylor, 304 Twelve Oaks Drive, Winter Springs, Florida: was opposed to the Trail; and spoke of two other experiences she has had living on nature trails. Ms. Pat Kaltenbach, 1200 Winding Chase Boulevard, Winter Springs, Florida: said that she and her husband are against the Trail; and spoke of negative impacts; premium prices for some lots; and protecting nature. Mr. Howard Cashman, 1076 Winding Waters Circle, Winter Springs, Florida: mentioned that he was opposed to the Trail. Mr. Paul Siwera, 1220 Winding Chase Boulevard, Winter Springs, Florida: opposed to the Trail. Mr. Robert Shrewsberry, 1222 Winding Chase Boulevard, Winter Springs, Florida: opposed to the Trail; and the lack of support from the Homeowners' Association. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 28, 2000 Page 5 of 19 Ms. Linda White, 5907 Pitch Pine Drive, Orlando, Florida: as an "Eagle Watch Coordinator" with the Audubon Society, she spoke of eagle nests; permitting; not disturbing the nests; easements; suitable buffers; and preservation of the species. Tape 1/Side B Mr. John Pedicone, 388 Twelve Oaks Drive, Winter Springs, Florida: opposed to the Trail; and mentioned a lack of privacy; preserving nature; decreasing property values; and possible problems with crime. Mayor Partyka mentioned several letters that had been submitted in opposition. Ms. Trudy Dombrowski, 122 Brookshire Court, Winter Springs, Florida: felt that this issue should not have been reopened; previous decisions and comments by Members of the Commission; and wasting taxpayer dollars. Members of the Commission discussed City policy in terms of public input comments. The consensus of the Commission was that "Public Input" forms would not be noted for the record, if the person was not in attendance. Ms. Pat Stimmel, 346 Twelve Oaks Drive, Winter Springs, Florida: was opposed to the Trail, and spoke of the facts being presented; snakes; egress and safety concerns; and opinions of the Homeowners' Association. Ms. Lori Anderson, 359 Twelve Oaks Drive, Winter Springs, Florida: opposed - did not want to address the Commission. Mr. William Anderson, 359 Twelve Oaks Drive, Winter Springs, Florida: opposed - also did not want to address the Commission. Ms. Nancy Dzamba, 305 Twelve Oaks Drive, Winter Springs, Florida: stated, "I am on the Board at Winding Hollow. 1 just want to quote for the record, that there is no official position, by the Board of Winding Hollow Development, on this issue". Ms. Dzamba further spoke of communication issues; other opinions; dealing with the facts; and stated that "We are going to go, as a Board, with the decision of the neighborhood". Brief discussion followed on the Oak Forest subdivision. Mr. Greg Coats, 1014 Winding Waters Circle, Winter Springs, Florida: opposed - did not wish to address the Commission. Ms. Sharon Testerman, 1101 Shadowbrook Trail, Winter Springs, Florida: opposed- did not address the Commission. Mr. Mike Wycoff/Ms. Carol Wycoff, 201 Springview Court, Winter Springs, Florida: opposed - did not address the Commission. Mr. Don Hyland, 1012 Winding Waters Circle, Winter Springs, Florida: opposed from the beginning; suggested that this topic be left alone; and inquired why Oak Forest had become involved. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 28, 2000 Page 6 of 19 Mr. Hubert Paprotna/Ms. Carol Paprotna. 308 Twelve Oaks Drive, Winter Springs, Florida: opposed - did not address the Commission. Mr. Tyler Weisman, 113 Brookshire Court, Winter Springs, Florida: said that the Homeowners' Association did not take a stance; spoke of coercion and illegal issues; that a Realtor who supported the Trail, had "received threatening letters from some of the opposition"; and wanted the Commission and the Police to be aware of this. Mr. Weisman stated that he supported the Trail. Ms. Leah Weisman, 113 Brookshire Court, Winter Springs, Florida: was in support of the Trail; spoke of previous surveys being based on conceptual drawings; and eagles. Mr. Edwin Mixon, 312 Twelve Oaks Drive, Winter Springs, Florida: opposed to the Trail; concerned with possible fire and drought conditions; asked whether fire hydrants would be installed in this area; and asked about one individual being allowed to make a presentation to the Commission. Mr. Tony Trapasso, 1132 Shadowbrook Trail, Winter Springs, Florida: opposed - did not address the Commission. Mayor Partyka mentioned another letter that had been submitted. Mr./Ms. Bravata, 201 Springview Court, Winter Springs, Florida: opposed - did not address the Commission. Mr. Gein Lein, 1173 Winged Foot Circle, Winter Springs, Florida: in favor - did not address the Commission. Mr. Jeffrey Maddox, 382 Twelve Oaks Drive, Winter Springs, Florida: opposed - did not address the Commission. Mayor Partyka called out several names of individuals who did not answer. Mr. Tom Colley, 1046 Winding Waters Circle, Winter Springs, Florida: opposed - did not address the Commission. Ms. Dawn Shrewsbury, 1222 Winding Chase Boulevard, Winter Springs. Florida: stated, "I am, for the record, opposed, like I always have been, since July, just before we moved in". Ms. Shrewsbury said that there was no coercion; notification about this meeting; facts; and solicitation efforts in this subdivison. Mr. James Steinmetz/Ms. Carole Steinmetz, 1218 Winding Chase Boulevard, Winter Springs,. Florida: opposed - did not address the Commission. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 28,2000 Page 7 of 19 Mr. Albert Murro, 632 Cheoy Lee Circle, Winter Springs, Florida: as the President of the Oak Forest Homeowners' Association, he stated that Oak Forest did not have an "Official" position on this issue. Mr. Murro spoke of a previous ballot; that both subdivisions are affected by this; and could the Commission inform all residents of both subdivisions and get an official vote. Ms. Barbara Aikens, 119 Brookshire Court, Winter Springs, Florida: was in favor of the Trail and submitted letters to the City Clerk. Ms. Aikens spoke of neighbors reactions, opinions, and attitudes; consideration of the facts; and the planned design of the trail. Mr. Bill Gibson/Ms. Annette Gibson, 1078 Winding Waters Circle, Winter Springs, Florida: opposed - did not address the Commission. Ms. Joanne Krebs, 1002 Taproot Drive, Winter Springs, Florida: mentioned the original intention for a nature trail; the impact on both communities; City problems; preserving nature; and the interests of both communities. Mr. Richard Grassa, 1054 Winding Waters Circle, Winter Springs, Florida: spoke of the petitions previously presented; information about this meeting; signatures on petitions; previous comments by the Commission; Homeowners' Association representation; opposition to the Trail; and a letter written by Mr. Chuck Pula, Parks and Recreation Director. Mayor Partyka called out several other names of individuals who were not in attendance. Mayor Partyka closed the Public Input portion. Commissioner Michael S. Blake clarified, "The record needs to be set straight on - I think there is some concern that people are here representing a position of a Homeowners' Association that others feel a Homeowners' Association has not taken, and it's been stated, even by Mr. Grassa, here at the end, that the Homeowners' Association did not come to us, therefore, we should not have this on the Agenda again. When this was removed from the Parks program, back in July, it was done so, with the caveat that it's not dead - it's just delayed and postponed until such time that - meaning the consideration of it, is not dead; but just delayed until such time that better information gets out to the neighborhoods, that is - that the Trail involves, and those neighborhoods communicate to us, exactly what their feelings are. It's unfortunate that this has become such a decisive issue, in not just Winding Hollow now, but also in Oak Forest as well. There was never a requirement that the Homeowners' Association take the position and that the Homeowners' Association position would be followed by this Commission". Commissioner Blake added, "I appreciate the comment that might have been made near the end of that meeting, by Commissioner Gennell - but, I believe, and I don't want to speak for her, but, she might have been speaking about the Association in terms of - here's one way that this could be brought back up and put on the Agenda. Indeed, I think it's the business of this Commission to take up any business that is brought to us by the citizenship - or the citizens of the City, and give that due hearing. About the issue of what is Oak Forest doing in this - well, quite frankly, I think Oak Forest is very much in this - the property, some of the property where the Trail could have gone, may go, is CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 28, 2000 Page 8 of19 envisioned to go - however you want to put it - is as close to the Oak Forest development, as it is to the Winding Hollow development. Now, certainly, the original conceptual drawing that was circulated had the Trail circling all the way around it - most of the way around Winding Hollow and certainly seems to be more of a Winding Hollow issue, than any other place. But, if there is going to be any consideration of a nature trail in that area between Oak Forest and Winding Hollow, then Oak Forest has a dog in this race also, and I think that they need to have some say and input in what goes on here". Further discussion ensued regarding the charts that had been submitted; statistical analysis; fairness; accurate representation; determining what the entire community wants; whether a ballot could determine actual opinion and the related costs; and who should vote on this issue. Commissioner Blake asked "Is there a way to delineate just those people, on the November ballot, when we have an election"? Manager McLemore said that he could check into this. Commissioner McLeod asked where the land allotted for this nature trail originated from, and that the records could be checked. Discussion then ensued on the Oak Forest and Winding Hollow subdivisions; the democratic process; and previous opinions. Tape 2/Side A Commissioner Martinez further spoke of the efforts of the Winding Hollow residents; the preference of the majority; the November ballot; and related costs. Attorney Garganese left the dais at 8:39 p.m. Deputy Mayor Cindy Gennell spoke of her efforts as Chair of the Seminole County Greenways and Trails Task Force, and the Seminole County Greenways and Trails Advisory Committee. Deputy Mayor Gennell also mentioned the effects and impacts on the two (2) affected neighborhoods, in addition to the disparity in size of both communities. Attorney Garganese returned to the dais at 8:43 p.m. Discussion ensued on ballots that were used for other subdivision votes; possibly waiting for most houses to be sold; and deciding on the best plan. Members of the Commission and Manager McLemore discussed the November ballot; a mail ballot; the concept and design of the Trail; the effect on Oak Forest subdivision home owners; proprietary ownership; divisive issues; getting past some of the issues; whether the residents of Winding Hollow desire a Trail; deciding on the right decision; paved alleyways; walking paths; and getting the ideal results. Commissioner McLeod then asked about a letter that Mr. Richard Grassa mentioned in his earlier public input comments. Mr. Grassa handed the document to Commissioner McLeod for his review. Brief discussion. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 28, 2000 Page 9 of 19 Manager McLemore left the dais at 9:00 p.m. Manager McLemore returned to the dais at 9:01 p.m. "I WOULD LIKE TO MAKE A MOTION THAT WE KILL THIS ISSUE, THAT'S BEFORE US, AND THAT WE WOULD THEN TURN IT BACK TO THE HOMEOWNERS' ASSOCIATION OF WINDING HOLLOW, AT WHICH TIME FOR THEM TO BRING IT BACK AS THE ASSOCIATION BEFORE THIS COMMISSION, WITH FACT FINDING INFORMATION AT WHICH TIME THE ASSOCIATION'S IN AGREEMENT TO DO THAT". MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: NAY DEPUTY MAYOR GENNELL: NAY MAYOR PARTYKA: AYE MOTION CARRIED. Mayor Partyka reminded everyone that there are two sides to this issue. Mr. Albert Murro, 632 Cheoy Lee Circle, Winter Springs, Florida: as the President of the Oak Forest Homeowners' Association, Mr. Murro stated the following: "I've got to say for the record, I kind of take exception if even five percent (5%) of whatever is done between these two subdivisions, affects Oak Forest - then we should have a say in it". Mayor Partyka called a recess at 9:04 p.m. Mayor Partyka called the meeting back to order at 9: 21 p.m. IV. INFORMATIONAL A. Public Works Department Inform Commission Of Action Taken By The Public Works Department In Delineating Traffic Calming Islands B. City Manager Requests The City Commission Review Information Related To The Use Of Community Development Block Grant Funds (CDBG). D. City Manager Informing The City Commission Of The Status Of The One Cent Local Option Sales Tax Renewal. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 28, 2000 Page 10 of 19 E. Community Development Department - Code Enforcement Division Requests The City Commission Review Information Regarding Several Code Enforcement Complaints. ADD-ON F. Community Development Department - Code Enforcement Division Requests The City Commission Review Information Regarding Occupational Licenses For Landscape Contractors. Mayor Partyka said, "Excluding 'C', is there a Motion to approve"? "SO MOVED". MOTION BY COMMISSIONER MARTINEZ. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: NAY COMMISSIONER MARTINEZ: AYE DEPUTYMAYORGENNELL: AYE MOTION CARRIED. .:. .:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS NEXT HEARD BY THE COMMISSION, ALONG WITH PUBLIC INPUT PERTAINING SPECIFICALLY TO THIS AGENDA ITEM. .:..:. IV. INFORMATIONAL C. Community Development Department - Planning Division Requests The City Commission Review The Following Information Regarding City Code Requirements For Fences, Walls, Buffers. Deputy Mayor Gennell stated, "I would just ask that the Commission would consider directing the Staff and the City Manager to bring us back a proposed amendment or change to this, that would require a solid wall between some specific more intense uses, than others." "TO DIRECT THE CITY MANAGER TO BRING US BACK AN ORDINANCE THAT WILL DO WHAT I BELIEVE THE ORIGINAL ORDINANCE, EIGHT TO TEN MONTHS AGO WAS INTENDED TO DO, AND THAT IS PROTECT PROPERTIES OF VARYING INTENSITIES FROM THE EFFECTS OF EACH OTHER, SPECIFICALLY THAT AN INTENSITY LEVEL OF A HIGHER DENSITY MULTI-FAMILY USE, WHICH WE'LL LEAVE TO THE MANAGER TO DETERMINE WHAT THAT MEANS, AND I THINK HE UNDERSTANDS, AND LOWER INTENSITY USES WOULD HAVE THAT SOLID STRUCTURE BETWEEN THEM AS A BUFFER". MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. DEPUTY CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 28, 2000 Page 11 of 19 MAYOR GENNELL ADDED, "WE DID DETERMINE BEFORE, DID WE NOT, THAT COMMERCIAL DEVELOPMENT MUST HAVE A WALL, ALL OVER TOWN ANYWAY. OKAY. PROFESSIONAL IS CONSIDERED COMMERCIAL - IS IT NOT"? VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. "MOTION TO APPROVE ITEM 'c' ON THE INFORMATIONAL AGENDA". MOTION BY COMMISSIONER BLAKE. SECONDED. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. v. PUBLIC HEARINGS A. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For The First Reading And Consideration Of Ordinance 2000-04 To Expand The State Road 434 Corridor New Development Overlay Zoning District To Include The 2.5 Acre Lamoureux Property. "MOTION TO READ 2000-04 BY 'TITLE' ONLY". MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. Attorney Garganese read Ordinance Number 2000-04 by "title" only. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 28, 2000 Page 12 of 19 Mr. Tom Grimms, AICP, Comprehensive Planning Coordinator discussed the "new Zoning regulations" with Commissioner Blake, who added, "And they agreed, as I recall, on the record that the property would be subject to these regulations. I just wanted to make sure that was on the record". Mayor Partyka opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. "MAYOR, I MAKE A MOTION WE MOVE FORWARD ON ORDINANCE 2000- 04 TO THE SECOND READING". MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: DEPUTYMAYORGENNELL: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. B. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For The First Reading And Consideration Of Ordinance 2000-05 To Designate The Lamoureux Property (2.5 Acres) On The City's Zoning Map C-l "Neighborhood Commercial". "MOTION TO READ BY 'TITLE' ONLY". MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. Attorney Garganese read Ordinance Number 2000-05 by "title" only. Commissioner Blake asked "Shouldn't the Zoning classification be placed before the Overlay District"? Brief discussion followed regarding the order of such items. Mayor Partyka added, "Mr. Garganese, we had this issue come up before - to have some consistency to this, so in the future, it's to follow the same logical process. Is this the logical process that we will do for all future ones, or do we have it the wrong way"? Attorney Garganese stated, "My preference, without any technicalities, would be to do the Zoning first, and then the 434 Corridor, second; but in practice, we are now doing Comprehensive Plans first, then we'll do Zoning, and then we can do the 434 Corridor CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 28, 2000 Page 13 of 19 Plan Overlay". Mayor Partyka added, "Let's be consistent, because I thought that was what this Commission wanted, for the future, that we have some kind of logical format in terms of first, second, and third, and, so let's be consistent in the future, okay". Mayor Partyka opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. "MOTION TO MOVE FORW ARD ON 2000-05 TO SECOND READING". MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. C. Community Development Department - Code Enforcement Division Requests The City Commission Holds A Public Hearing For The Second Reading Of Ordinance Number 2000-02 Providing For The Maintenance Of Fences And Walls. Attorney Garganese read Ordinance Number 2000-02 by "title" only. Ms. Jimette Cook, Code Enforcement Officer spoke briefly about this item. Members of the Commission asked whether this Ordinance would deal with which sides of fences should be "facing out". Ms. Cook and Attorney Garganese stated that a separate Ordinance would be brought back. Mayor Partyka opened the "Public Input" portion of this Agenda Item. Sharon Testerman, 1101 Shadowbrook Trail, Winter Springs, Florida: asked if a finish could be specified, which could improve the look of fences throughout the City. The "Public Input" portion of this Agenda Item was closed. Brief discussion followed about finishes. Mayor Partyka said, "Just so we are clear, let the record show - there is no Ordinance that requires a finish or color or anything else. Okay". MOTION "TO ADOPT". MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 28, 2000 Page 14of19 VOTE: DEPUTYMAYORGENNELL: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. VI. REGULAR A. Community Development Department - Land Development Division Presents To The Commission, For Their Action, The Recommendation Of The Planning And Zoning Board As It Relates To The Final Engineering For Eckerd Drug Store. Mr. Don LeBlanc, Land Development Coordinator gave a brief history on this project, and spoke of variances; that the sign would be moved to the same side as the drive-thru window. Discussion began on the subject of roof tile colors. Mr. Robert Fike, representing Unicorp National Developments, Inc., the owner of the site; spoke of landscaping; design changes; and water features. Regarding the roof tile color, Mr. Fike showed his preference of a particular shade of blue. Commissioner McLeod spoke of the concessions made and Manager McLemore commended Mr. Fike and his associates for their cooperation with this project. Discussion ensued on the backing out room of parking spaces, and Mr. Mark Jenkins, City Engineer addressed the size of a four-foot lane width. Deputy Mayor Gennell asked that Staff look into this, for future projects. Manager McLemore mentioned his preference of a greener tone of blue, as the color for the roof tile, which he felt would be more appealing, along the corridor. Commissioner Martinez commended the City and Staff, along with the Developer for all of their coordinated efforts. Members of the Commission then addressed the November 22nd Minutes; size of signage allowed; portions of the Developer's Agreement along with including the necessary information, as noted in the related attachments; pictorial diagrams; the $200,000 that the City will pay, and informing the Commission of this detai l. Tape 2/Side B Mr. Ronald Henson II, P.E., representing Design Service Group, Inc. spoke on the improvements to be included in this project; and related funding. Discussion ensued about sidewalks; location of the retaining wall; bicycle racks; size of the planned store; and the developer's agreement. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 28, 2000 Page 15 of 19 Commissioner Martinez asked that prIor information on any additional monies be provided, prior to the meeting. Further discussion followed regarding a park-like setting; mature trees; water features; the sizes of the berms; brick pavers; what the $200,000 will include (mast arm and an upgraded base), and that more information on the mast-arm facilities should be brought back to the Commission; the angle and make-up of the intersection; allocations for those monies; and details on the previously planned wall. There were additional comments about "the wall going away". Mayor Partyka said, "Let the record show that - in public, Commissioner Martinez will let Commissioner McLeod know" . Further comments included discussion about the Planning and Zoning Board's Motion; the "thrust restraint"; and tree replacements. "I MAKE A MOTION TO APPROVE FINAL ENGINEERING - ITEM 'Am. MOTION BY COMMISSIONER MARTINEZ. SECONDED. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. Discussion ensued on developer's agreements; the current Ordinance; and quality. Attorney Garganese added "At this point, you would need a separate Motion to approve the Development Agreement, as amended. I'll change the third 'Whereas' clause to reflect the minutes of November 22nd". Attorney Garganese then said, "There are two (2) types of Development Agreements - you have a Chapter 163 Development Agreement, which requires two (2) Public Hearings, then you have a Municipal Home Rule Powers Developers Commitment Agreement which does not require the two (2) Public Hearings - it's a different type of agreement". Attorney Garganese then added, Chapter "163 has an enumerated list of requirements, that this type of agreement doesn't have, and I'd have to go into the Statute to list them. This is more of a simplified agreement between the City and a developer, to address the Variances that were approved pursuant to your 434 Corridor Ordinance". Further discussion ensued on signage; exhibits, drawings of the mast arm; and agreements. "I MAKE A MOTION TO AUTHORIZE THE CITY MANAGER TO ENTER INTO A DEVELOPERS AGREEMENT WITH 'ECK-WINTER SPRINGS 9, INC." SUBJECT TO ADDITIONAL LANGUAGE INCLUDING THE SPECIFIC CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 28, 2000 Page 16 of 19 ALLOWED SQUARE FOOTAGE OF THE SIGNAGE, THE PLACEMENT OF THE SIGNAGE, THE HEIGHT OF THE SIGNAGE, AND THE HEIGHT OF THE LETTERS OF THE SIGNAGE, AND SPECIFIC TO THE MANAGER BRINGING BACK TO US FOR FINAL APPROVAL, THAT INFORMATION WHICH WOULD BE IN EXHIBIT 'B', WHEN IT IS RECEIVED, THAT BEING THE MAST ARM DESIGN IN THE INTERSECTION, WHICH MEANS ITS APPROVED, BUT WHEN THOSE DESIGNS COME BACK IN, YOU HAVE TO BRING THEM BACK BEFORE US, TO GET THOSE APPROVED, FOR DESIGN PURPOSES ONLY". MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. Dialogue followed on the roof and related tile colors. Mr. LeBlanc showed the various color selections individually to members of the Commission. Deputy Mayor Gennell stated, "Mr. Mayor, Point of Order. I believe, in the Corridor - in the Corridor design guidelines we do have specifics on color". With consensus ofthe Commission, the preferred roof color was "MCA - PEACOCK". VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. Mayor Partyka then thanked everyone involved in this effort. B. Community Development Department - Code Enforcement Division Requests The City Commission Review Information Relative To The Need For One Additional Code Enforcement Staff Position And To Determine Alternate Funding Options. Members of the Commission discussed funding; and whether this Agenda Item should be postponed until Commissioner Robert S. Miller was in attendance. The consensus of the Commission was to act on this Agenda Item now. Ms. Cook spoke on behalf of the Code Enforcement Department and discussed current practices; new duties; landscaping; negotiations; more time being spent on administrative matters; proactive and reactive procedures; what a new Code Enforcement Inspector would be able to do; duties of this new position; and enforcement of new policies. Members of the Commission spoke on matters including being proactive; supervision; the duties ofMr. Mike Mingea (Environmental Inspector/Arborist); advice; developing of the Green Plan; educational benefits being provided to the community; funding; filling the position via supplemental appropriations; being proactive; cross training; additional staffing; the budget period; and finding the right person for this position. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 28, 2000 Page 17 of19 "I MAKE A MOTION TO AUTHORIZE THE CITY MANAGER TO CREATE A NEW POSITION IN THE CODE ENFORCEMENT DEPARTMENT FOR THE PURPOSE OF PROACTIVE ENFORCEMENT OF THE CITY'S CODES, AND TO MAKE THE APPROPRIATE BUDGET AMENDMENTS - AND TO ALSO APPROVE THE SUPPLEMENTAL APPROPRIATION - UP TO $25,000, IN THE CURRENT BUDGET YEAR FOR THE COST OF THE POSITION CREATION". MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. VOTE: DEPUTYMAYORGENNELL: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. VII. REPORTS A. City Attorney - Anthony Garganese, Esquire Due to the late hour, Attorney Garganese said he would yield his time to the Commission; that he was going to provide a verbal report on the "Classic Property" issue, but instead, he would put it in writing, later this week. B. City Manager - Ronald W. McLemore Manager McLemore said in regards to Annexations, that CPH Engineers, Inc. (Conklin, Porter & Holmes) would be publishing a report, within the next 30 days. Manager McLemore mentioned that he had made an offer to fill the position of Assistant to the City Manager. Manager McLemore said that he should have a draft of the Dyson project, by the next meeting. C. City Clerk - Andrea Lorenzo-Luaces No Report. D. Commission Seat V - David W. McLeod . Appointment to the Board of Trustees (Pension Plan) No appointment at this meeting. No report. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 28, 2000 Page 18 of 19 E. Commission Seat I - Robert S. Miller Absent. F. Commission Seat II - Michael S. Blake Commissioner Blake said that the Oak Forest/Winding Hollow connector has shown no change, and asked, "Who is supposed to be fixing that park up; who is supposed to be putting the infrastructure in, beside the concrete walk that's there; and when will we see the removal of those wooden barricades - that have the correct bars in place"? Discussion ensued on the related costs; designs; the Pizzutti organization; and design specifications from Starmer Ranaldi Planning and Architecture Inc. Manager McLemore said he would verify what was included in the original agreement, and that he would inform the Commission of his findings. G. Commission Seat III - Edward Martinez, Jr. Commissioner Martinez asked that we do a Resolution of support for the Metroplan organization. Commissioner Martinez said, "To see if we can draft a resolution similar to the ones that Lake Mary did; Casselberry and Oviedo have, and so we can be on board together with the rest of the cities of Seminole County, in support of this project. Of course, we have to be sure that the feasibility study is done, and the financial aspect of it is reflected later on, but at least a Resolution supporting the program - basically supporting the transportation plan". Mayor Partyka then said, "Is that in the form of a Motion"? COMMISSIONER MARTINEZ SAID, "IT IS A MOTION - I'LL MAKE A MOTION". MOTION BY COMMISSIONER MARTINEZ. SECONDED BY DEPUTY MAYOR GENNELL. Tape 3/Side A VOTE: DEPUTY MAYOR GENNELL: AYE COMMISSIONER McLEOD: NAY COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. Commissioner Martinez read an excerpt from a Web page, which addressed the City of Winter Springs, including various individuals and actions. Commissioner Martinez asked how such comments could be stopped. Attorney Garganese spoke on legal options, such as defamation laws for public officials. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 28, 2000 Page 19 of 19 H. Commission Seat IV - Cindy Gennell Deputy Mayor Gennell mentioned that Mayor David Mealor with the City of Lake Mary is campaigning to run for the House of Representatives, for this district. He is interested in visiting area Senior Centers, and "Has expressed a desire to come Wednesday to lunch at the Senior Center, and make himself known to the Seniors, and I just wanted to advise you all". Deputy Mayor Gennell inquired about a letter from Oviedo regarding Classic Properties. I. Office of the Mayor - Paul P. Partyka Mayor Partyka asked Manager McLemore for a Charter review memo, and asked for that "Report, next time". Mayor Partyka asked for a decision about whether to continue Workshops prior to Regular Commission Meetings. The consensus of the Commission was to continue this practice, beginning at 5:30 P.M., "for at least two more sessions". A cake was presented to Commissioner McLeod in honor of his Birthday. "MOTION TO ADJOURN". SECONDED. DISCUSSION. MOTION BY COMMISSIONER BLAKE. VOTE: WITH VERBAL CONSENSUS OF ALL, THE MEETING WAS ADJOURNED. MOTION CARRIED. VIII. ADJOURNMENT Mayor Partyka adjourned the Meeting at 11 :05 p.m. Rf!.spectfully Submitted By: Andrea Lorenzo-Luaces City Clerk - " "- " "'.. ~ / . /" /. . /" . ..... APPl3.0 ~.. /, . /' :'- ...... --... "'\.- NOTE: These minutes were approved at the March 13,2000 City Commission Meeting.