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HomeMy WebLinkAbout2001 04 09 EXEMPTION Consent B Approval of March 14, 2001 City Commission Special Meeting Minutes COMMISSION AGENDA ITEM B Consent X Informational Public Hearings Regular April 9. 2001 Regular Meeting Mgr. / Dept. Authorization CONSENT B. Office Of The City Clerk Requesting Approval Of The March 14, 2001 City Commission Special Meeting Minutes. CiTY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING MARCH 14, 2001 I. CALL TO ORDER The Special Meeting of March 14, 2001 of the City Commission was called to order by Mayor Paul P. Partyka at 6:31 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 David W. McLeod, present Commissioner Robert S. Miller, present Commissioner Michael S. Blake, absent Commissioner Edward Martinez, Jr., present Commissioner Cindy Gennell, arrived at 6:32 p.m. City Manager Ronald W. McLemore, present City Attorney Anthony A. Garganese, present A moment of silence was followed by the Pledge of Allegiance. Commissioner Cindy Gennell arrived at 6:32 p.m. Mayor Partyka spoke of Wicklow County, Ireland and explained that this community is our sister community. Mayor Partyka read a Proclamation to those in attendance, which will be presented to the visiting Wicklow County Council. II. PUBLIC INPUT Mr. Chuck Holzman, : discussed a letter that he had written to the Commission about abandoned properties. Discussion ensued on condemnation, lenders, and problems with properties. Ms. Jimette Cook, Code Enforcement Manager spoke on some of the problems with this property. Discussion. Mayor Partyka asked Attorney Anthony A. Garganese, "Any time, anyplace, if it gets really bad out there, a nuisance, is there anything over and above what we are doing that could speed the process up and try and get it fixed?" Attorney Garganese replied, "You have a couple of options. The nuisance abatement pursuant to the Code Enforcement procedures, and you also have an 'Unsafe Building' Ordinance on the books, which you adopted - the standard on safe building - the CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - MARCH 14,2001 PAGE 2 OF 24 abatement code - if a property meets that threshold, then the Building Inspector can take certain actions. Those are your options right now." Mr, Joe DeMinico, 985 Troon Trace, Winter Springs, Florida: spoke about outdated building codes, exceptions, and permitting. These written comments were submitted to the City Clerk for the record. Mr. Moti Khemlani, 605 Morgan Street, Winter Springs, Florida: spoke on the Tuscawilla Homeowner's Association opposition to the proposed Wal-Mart in Oviedo. .:. .:. AGENDA NOTE: THE COMMISSION AGREED TO NEXT HEAR REGULAR AGENDA ITEM "J" AS DOCUMENTED, PRIOR TO THE CONSENT AGENDA. .:. .:. REGULAR J. Seminole County Public Schools Requesting The Commission To Support The Need For A Dedicated Educational Channel Within Seminole County. Ms. Diane Bauer of Seminole County Public Schools introduced Mr. George Kasmac and Mr. Gary Becker. Several presentations were shown to the Commission regarding the request of Seminole County Public Schools that our City offer support for a Dedicated Educational Channel. Tapel/Side B Members of Seminole County Public Schools further explained their request for endorsement, and spoke of franchise agreements. COMMISSIONER MARTINEZ STATED, "I AM SUGGESTING TO THE REST OF THE COMMISSIONERS THAT WE DO ENDORSE THIS PROGRAM." Mayor Partyka asked, "Do you want to make a Motion?" COMMISSIONER MARTINEZ STATED, "I WOULD LIKE TO MAKE A MOTION TO THAT EFFECT." SECONDED BY CINDY GENNELL. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER GENNELL: AYE MOTION CARRIED. " CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - MARCH 14,2001 PAGE 3 OF 24 III. CONSENT CONSENT A. Utility Department Requesting Approval Of The Public Utility Easement Granted By Lewis And Juanita Blumberg. CONSENT B. Office Of The City Clerk Approval Of The Minutes Of The February 26, 2001 Regular City Commission Meeting. Mayor Partyka stated, "Under Consent Agenda, I am looking for a Motion to approve." "SO MOVED." MOTION BY COMMISSIONER MARTINEZ. SECONDED. DISCUSSION. VOTE: DEPUTY MAYOR McLEOD: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER GENNELL: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE COMMISSION NEXT STARTED DISCUSSING INFORMATIONAL AGENDA ITEM "A", AND ENDED UP VOTING ON THIS INDIVIDUAL AGENDA ITEM. AFTER THE VOTE ON INFORMATIONAL AGENDA ITEM "A", THE COMMISSION DISCUSSED OTHER INFORMATIONAL AGENDA ITEMS, AND LATER VOTED ON THE INFORMATIONAL AGENDA, (WHICH DID NOT INCLUDE INFORMATIONAL AGENDA ITEM "A"). .:..:. IV. INFORMATIONAL INFORMATIONAL A. Information Services Department Wishes To Furnish The Commission With Information Relative To Length Of Time Agendas, Agenda Items, And Minutes Are Kept On Other City Web Sites. Ms. Joanne Dalka, Information Services Manager discussed the Commission's concerns with members of the Commission. Discussion. CITY OF WINTER SPRlNGS MINUTES CITY COMMISSION SPECIAL MEETING - MARCH 14,2001 PAGE 4 OF 24 City Manager, Ronald W. McLemore advised the Commission that "If you want us to bring it back to you, we can bring back a series of policy questions, and have you basically fill in the blanks. We need to identify those policy questions, and then have you address them, otherwise we will move forward with this information and basically do what we are telling you we are planning to do here." DEPUTY MAYOR McLEOD STATED, "I WOULD BE MORE INCLINED TO TELL YOU TO BASICALLY POST THE CURRENT AGENDA AND PERHAPS THE LAST SET OF MINUTES, FROM THE PREVIOUS MEETING, AND THAT'S IT - AND I WOULD LIKE TO MAKE THAT AS A MOTION." MOTION BY DEPUTY MAYOR McLEOD. SECONDED BY COMMISSIONER MILLER. DISCUSSION ENSUED ON ARCHIVAL CONSIDERATIONS. COMMISSIONER MILLER STATED, "I WOULD HAVE TO ASK COMMISSIONER McLEOD IF THAT WAS HIS INTENTION TO WIPE IT OUT AFfER EACH WEEK, AND REPLACE IT WITH A NEW?" DEPUTY MAYOR McLEOD RESPONDED, "MY INTENT WAS 'WIPE IT OUT.'" FURTHER DISCUSSION. Commissioner Robert S. Miller stated, "Call the question." "Point of Order" stated Commissioner Cindy Gennell, "To call the question requires a second. " Deputy Mayor David McLeod stated, "Point of Order, Mr. Mayor." COMMISSIONER MARTINEZ STATED, "I WOULD LIKE TO AMEND THE COMMISSIONER'S MOTION TO THE EFFECT THAT WE DO KEEP THE MINUTES OF A RUNNING MEETING FOR SIXTY (60) DAYS AND KEEP ROTATING THEM EVERY SIXTY (60)." MOTION BY COMMISSIONER MARTINEZ. SECONDED. DISCUSSION. VOTE: (ON THE AMENDMENT) COMMISSIONER GENNELL: AYE COMMISSIONER MARTINEZ: AYE DEPUTYMAYORMcLEOD: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. FURTHER DISCUSSION FOLLOWED ON AGENDAS AND AGENDA PACKETS. COMMISSIONER GENNELL INQUIRED, "WAS IT YOUR INTENTION TO INCLUDE EACH AGENDA SHEET OR JUST THE AGENDA?" DEPUTY MAYOR McLEOD STATED, "THE AGENDA." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - MARCH 14,2001 PAGE 5 OF 24 VOTE: (ON THE MAIN MOTION) DEPUTY MAYOR McLEOD: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER GENNELL: AYE MOTION CARRIED. Commissioner Gennell stated, "Mr. Mayor, during the break, please check your Robert's Rules for calling the question." INFORMATIONAL B. Finance Department Would Like To Report To The City Commission The Finance Departments Findings On Garbage Billing In Mt. Greenwood. INFORMATIONAL C. Information Services Department Wishes To Furnish The Commission With City Web Site Statistical Information. (This Agenda Item Was Postponed From The February 26,2001 Regular Meeting) INFORMATIONAL D. Finance Department Relaying To The City Commission Our Tower Rental Revenues. IN FORMA TIONAL E. Police Department Requesting The Commission To Review The Crime Statistics For The Year 2000. (This Agenda Item Was Postponed From The February 26, 2001 Regular Meeting) Commissioner Miller asked Chief Kerr, "I would like to get a break out of this information, the problematical areas." Commissioner Miller further stated, "I would really be very interested to find out if there are some trends that have taken place in certain areas." Chief Kerr responded and said, "I would be glad to prepare that for you." Commissioner Edward Martinez Jr. complimented Chief Kerr and stated, "Great leadership is reflective of the results obtained by your Department and you've done a great job!" Mayor Partyka added, "Winter Springs is one of those considered as a top city, because of the crime reduction, so again, a credit to you!" CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - MARCH ]4,2001 PAGE 6 OF 24 INFORMATIONAL F. Community Development Department Requests The City Commission Receive Information On The Schedule For The FDOT State Road 434 Access Management And Road Resurfacing Program. Commissioner Miller inquired about delays and asked, "Can we anticipate this stretching out for another two (2) or three (3) years because the funds are not available, because of inflation." Brief discussion. Commissioner Miller said, "Before I leave it, I would just like to recommend - some of us here on the dais ought to be talking to our County Commissioners to try and emphasize the importance of this as opposed to maybe doing some of the other programs - actually it is FDOT, not the County. I stand corrected." INFORMATIONAL G. City Manager Wishes To Inform The Commission That Research Has Been Conducted About The Use Of The One Cent Local Option Sales Tax, And To Confirm That Proceeds From That Source Of Funds Cannot Be Used To Reimburse The City For Projects Previously Budgeted And Completed. INFORMATIONAL H. City Manager Wishes To Inform The Commission That Research Has Been Conducted About The Use Of In-House Job Postings As They Relate To Any Possible Violation Of Federal Law On Discrimination, And To Confirm That No Violation Exists. Discussion. Mayor Partyka asked Attorney Garganese, "Are we doing things right?" Attorney Garganese stated, "You are doing things right. Like the City Manager suggested, it just may be a small change in wording so it doesn't appear so harsh. And Commissioner Martinez's suggestion might be a good one too - just put it in a place where City employees have access, if that gets the message out to the employees that there is an opportunity for a promotion or ajob within the City." Manager McLemore stated, "I guess you just need to tell me if you want me to take it out of the lobby or not. If that is what you want me to do, I'll do it - or change the wording to make it a little more friendly." Mayor Partyka stated, "Why don't you vote on allowing the City Manager to make the appropriate adjustments - if that is sufficient? Is this okay with this Commission? Commissioner.. ." Commissioner Gennell stated, "I think we need to vote on it." Mayor Partyka then said, "City Manager, you've heard it." CITY OF WINTER SPRINGS MINUTES CITV COMMISSION SPECIAL MEETING - MARCH 14,2001 PAGE 7 OF 24 INFORMATIONAL I. Community Development Department - Planning Division Informs The City Commission That There Has Been A Proposal To Create A New Interchange Connecting The Greeneway (State Road 417) To State Road 426 (Aloma Avenue In Oviedo) INFORMATIONAL J. Community Development Department - Planning Division Informs The City Commission That There Is A Proposal To Build A Wal-Mart Super Center Near The Northeast Quadrant Of The Greeneway (State Road 417) And Mitchell Hammock Road. INFORMATIONAL K. Utility Department Updating The City Commission On The Status Of The Utility And Stormwater Rate Study. INFORMATIONAL L. City Manager Informing The City Commission That The Conservation Easement Along The South Property That Research Has Been Conducted About. Commissioner Martinez left the dais. Mayor Partyka stated, "I am looking for a Motion then to approve the Informational Agenda. " "MOTION TO APPROVE." MOTION BY COMMISSIONER MILLER SECONDED BY DEPUTY MAYOR McLEOD. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER GENNELL: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER MARTINEZ: (WAS ABSENT FOR THE VOTE) MOTION CARRIED. Commissioner Martinez returned to the dais. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - MARCH 14,2001 PAGE 8 OF 24 v. PUBLIC HEARINGS PUBLIC HEARINGS A. Utility Department Requesting The City Commission Hold A First Reading For Ordinance #2001-11 Relating To Water Shortages. (This Agenda Item Was Listed As Regular Agenda Item "B" On The February 26, 2001 Regular Meeting Agenda, But Was Postponed To This Meeting.) Mayor Partyka stated, "I am looking for a Motion to read by 'Title' only?" "I WOULD MAKE A MOTION TO READ BY TITLE." MOTION BY DEPUTY MAYOR McLEOD. SECONDED. DISCUSSION. VOTE: COMMISSIONER GENNELL: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Attorney Garganese read Ordinance 2001-11 by "Title" only. Attorney Garganese stated, "As requested by the Commission, we are bringing forward an Ordinance that really is an enabling Ordinance. It sets forth the parameters and details in which this City Commission can declare a water shortage. If the Commission declared a water shortage, they could do so by Resolution, and then establish a water shortage plan by Resolution, so all this Ordinance does is just lays the foundation to give the Commission the authority to declare a water shortage when necessary." Discussion. Mayor Partyka opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. "I WOULD LIKE TO MOVE THIS AGENDA ITEM TO SECOND READING." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER GENNELL. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - MARCH 14,2001 PAGE 9 OF 24 VOTE: DEPUTYMAYORMcLEOD: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER GENNELL: AYE MOTION CARRIED. PUBLIC HEARINGS B. Not Used PUBLIC HEARINGS C. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For First Reading And Consideration Of Ordinance 2001-14 To Designate The Reece Property (6.5 Acres) "Industrial" On The City's Future Land Use Map. Mayor Partyka stated, "Is there aMotion to read by 'Title' only?" "SO MOVED." MOTION BY COMMISSIONER MARTINEZ. SECONDED. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE COMMISSIONER GENNELL: AYE DEPUTY MAYOR McLEOD: AYE MOTION CARRIED. Attorney Garganese read Ordinance 2001-14 by "Title" only. Attorney Garganese added, "This is a proposed Amendment to your Future Land Use Map. It's alegislative action, and the - City designation would be again, 'Industria1.'" "MOTION TO MOVE TO SECOND READING." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER GENNELL: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - MARCH 14,2001 PAGE 10 OF 24 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 Partyka stated, "The Motion will stand, and the Vote will hold." PUBLIC HEARINGS D. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For First Reading And Consideration Of Ordinance 2001-15 To Designate The Reece Property (6.5 Acres) C-2 "General Commercial & Industrial" On The City's Zoning Map. Mayor Partyka stated, "I'm looking for a Motion to read by 'Title' only?" "SO MOVED." MOTION. SECONDED. DISCUSSION. VOTE: DEPUTYMAYORMcLEOD: AYE COMMISSIONER GENNELL: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. Tape 2/Side A Attorney Garganese read Ordinance 2001-15 by "Title" only. Attorney Garganese stated, "This is the companion Zoning Ordinance, t4at would go along with 2001-14 which was just approved on First Reading. This particular Ordinance would only become effective if 2001-14 becomes effective, for consistency with the Comp Plan purposes." Discussion ensued on what is currently on this property; advertising; ,notification of neighboring property owners; and the proposed uses for this property. Mr. Tom Grimms, AICP, Comprehensive Planning Coordinator addressed the Commission's concerns. "I'LL MAKE A MOTION THAT WE MOVE THIS TO SECOND READING." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER MILLER. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITV COMMISSION SPECIAL MEETING - MARCH 14,2001 PAGE I I OF 24 Mayor Partyka opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. Regarding notification, Mr. Grimms stated, "All I said was that they are not being notified on an individual basis. This is a longstanding City administration policy." Further discussion followed on notification and posting a property. COMMISSIONER GENNELL AMENDED THE MOTION AND STATED, "MY AMENDMENT WOULD BE TO POST THE PROPERTY IMMEDIATELY AND NOTIFY THE PROPERTY OWNERS BY REGISTERED, CERTIFIED MAIL." COMMISSIONER GENNELL FURTHER STATED, "DEPUTY MAYOR McLEOD ASKED ME WHICH PROPERTY OWNERS?" COMMISSIONER GENNELL THEN SAID, "THE ONES IMMEDIATELY ADJACENT TO IT, OR DIRECTLY ACROSS THE STREET. THAT'S MY MOTION." MOTION BY COMMISSIONER GENNELL. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: (ON THE AMENDMENT) COMMISSIONER GENNELL: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR McLEOD: NAY COMMISSIONER MILLER: NAY MAYOR PARTYKA: AYE MOTION CARRIED. DEPUTY MAYOR McLEOD STATED, "I WOULD EVEN MAKE A MOTION TO MOVE THIS BACK TO C-l." MOTION BY DEPUTY MAYOR McLEOD. SECONDED BY COMMISSIONER GENNELL. DISCUSSION. DEPUTY MAYOR McLEOD CLARIFIED HIS AMENDMENT AND STATED, "I WANTED TO MAKE AN AMENDMENT TO THE MOTION - TO CHANGE IT TO C-1." MOTION BY DEPUTY MAYOR McLEOD. SECONDED BY COMMISSIONER GENNELL. DISCUSSION. Mayor Partyka clarified, "This is now a vote on the Amendment to go and change this to C-l." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - MARCH 14, 2001 PAGE 12 OF 24 VOTE: (ON THE AMENDMENT) COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER GENNELL: AYE COMMISSIONER MARTINEZ: NAY MOTION CARRIED. VOTE: (ON THE MAIN MOTION) COMMISSIONER GENNELL: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE DEPUTYMAYORMcLEOD: AYE MOTION CARRIED. Commissioner Gennell stated, "Let's go back to the previous Item, and correct it." COMMISSIONER GEN~ELL STATED, "I MOVE TO RECONSIDER ITEM 'c.'" MOTION BY COMMISSIONER GENNELL. SECONDED BY DEPUTY MAYOR McLEOD. DISCUSSION. DEPUTYMAYORMcLEOD: AYE COMMISSIONER MARTINEZ: NAY COMMISSIONER GENNELL: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE FOLLOWING AGENDA ITEM, PUBLIC HEARINGS AGENDA ITEM "C" WAS DISCUSSED AGAIN, AS NOTED IN THE FOLLOWING DISCUSSION. .:. .:. PUBLIC HEARINGS C. Cominunity Development Department - Planning Division Requests The City Commission Hold A Public Hearing For First Reading And Consideration Of Ordinance 2001-14 To Designate The Reece Property (6.5 Acres) "Industrial" On The City's Future Land Use Map. Discussion. COMMISSIONER GENNELL STATED, "MY MOTION IS TO CHANGE THIS TO READ - TO COMMERCIAL - ITEM 'c' TO COMMERCIAL FUTURE LAND USE DESIGNATION." MOTION BY COMMISSIONER GENNELL. Mayor Partyka opened the "Public Input" portion of this Agenda Item. CITY OF WINTER SPRINGS MINUTES CITV COMMISSION SPECIAL MEETING - MARCH 14,2001 PAGE 13 OF 24 No one spoke. The "Public Input" portion of this Agenda Item was closed. COMMISSIONER GENNELL RESTATED HER MOTION AND STATED, "MY MOTION IS TO CHANGE THE FUTURE LAND USE DESIGNATION ON ITEM 'c' TO COMMERCIAL." MOTION BY COMMISSIONER GENNELL. SECONDED BY DEPUTY MAYOR McLEOD. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: NAY COMMISSIONER MILLER: AYE COMMISSIONER GENNELL: AYE DEPUTY MAYOR McLEOD: AYE MOTION CARRIED. Mayor Partyka called a break at 8:48 p.m. The meeting was called back to order at 9:06 p.m. Tape 2/Side 8 .:..:. AGENDA NOTE: THE COMMISSION AGREED THAT THE FOLLOWING REGULAR AGENDA ITEMS WOULD BE HEARD IN THE FOLLOWING ORDER, AS DOCUMENTED. .:. .:. VI. REGULAR REGULAR B. Community Development Department - Code Enforcement Division Requests The City Commission Considers A Request From Daniel Goff To Satisfy A Code Enforcement Lien. Ms. Jimette Cook, Code Enforcement Manager introduced this Agenda Item. Discussion. Mr. Daniel Goff: addressed the Commission on behalf of his mother, Peggy Scribner. Commissioner Miller suggested, "I would support a moratorium of like four (4) or five (5) years, and if there are no further complaints on that property, significant complaints, that the lien would be either forgiven or waived." Commissioner Miller further stated, "I don't want to see that problem ever come back, like it did, and if you leave town - the citizens of that community have no guarantee that it won't come up again. I don't expect it will, but that's the way I would like to see this thing resolved - just put it on hold for CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - MARCH 14,2001 PAGE 14 OF 24 four (4) or five (5) years, with no interest. But the first time it starts to go downhill, the lien would be called." Discussion. requesting?" Discussion. Commissioner Gennell asked Mr. Goff, "What are you specifically Mr. Goff replied, "That the fines against the property be rescinded." COMMISSIONER MILLER STATED, "I'D LIKE TO MAKE A MOTION THAT WE WAIVE THE APPLICATION OF THE LIEN - THE ENFORCEMENT OF THE LIEN FOR A PERIOD OF FORTY-EIGHT (48) MONTHS FROM TODAY. IF THERE ARE NO ADDITIONAL FURTHER PROBLEMS OF THE PAST NATURE WITH THIS PROPERTY, THEN THE LIEN WOULD BE COMPLETEL Y FORGIVEN, AND THEY OWE THE CITY NOTHING." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER GENNELL. DISCUSSION. Mayor Partyka asked Attorney Garganese, "From a technical standpoint, the house is clean for one (1) year, everything is going right, he feels like selling it. What happens then with the lien on it?" Attorney Garganese stated, "The lien runs with the land, and would then become the burden of the subsequent property owner." Discussion. Commissioner Gennell stated, "He is here tonight; he knows that is his option to come back before us if they have a buyer. Generally, if someone is going to buy a property, you are looking at a new owner, a new set of circumstances anyhow. I think by this Commission just considering relieving this anyway, I think the understanding is there that we consider other circumstances, as long as there - aren't any reoccurring code violations. " Code Enforcement Manager Cook asked, "In Commissioner Miller's Motion, if no other Code Enforcement problems exist, does that mean that we would have to take them to a Board and - have a 'Findings of Fact?' In other words, find him guilty or is it just a complaint?" Commissioner Miller responded, "I would think it would have to be a complaint of the Code Board." Ms. Cook added, "So it has to have a Findings of Fact and actually found him in non-compliance. Okay." Commissioner Martinez stated, "Commissioner Gennell said that the Motion was clear that ifhe sold it, he would have to come back. Well, legally speaking, there is nothing on the record here that says he has to come back." Commissioner Martinez suggested, "If you attach a lien to the property that says explicitly what has to be done; if he sells the house clear, without a lien attached to it, the buyer buys it, but it isn't responsible to the City for whatever actions you are holding them to, as a result of his Motion." Further discussion ensued. CITY OF WINTER SPRlNGS MINUTES CITY COMMISSION SPECIAL MEETING - MARCH 14,2001 PAGE 15 OF 24 COMMISSIONER GENNELL STATED, "MR. MAYOR, I THOUGHT THAT THE MOTION I SECONDED WAS FOR TWO (2) YEARS." MAYOR PARTYKA STATED, "NO, FOUR (4) YEARS." COMMISSIONER GENNELL THEN STATED, "THEN, I AM TAKING BACK MY SECOND. I - MISUNDERSTOQD THE MOTION." MAYOR PARTYKA STATED, "THE MOTION STILL IS ON THE FLOOR TO PUT A MORATORIUM FOR FOUR (4) YEARS AND THEN WAIVE THE ENTIRE LIEN, IF IT IS CLEAN FOR FOUR (4) YEARS. SO, IS THERE A SECOND TO THAT?" MOTION DIED FOR LACK OF A SECOND. Commissioner Martinez asked about the "Expenses incurred by the City in filing the liens and all that kind of stuff. Who handles that?" COMMISSIONER GENNELL STATED, "THE LIEN IS ALREADY FILED, SO I'LL MOVE TO TWO (2) YEARS FROM NOW, IF THERE ARE NO FURTHER CODE VIOLATIONS - NO, MAKE IT ONE (1) YEAR FROM NOW, GIVING CREDIT FOR THE YEAR THAT IS ALREADY DONE, ONE (1) YEAR FROM NOW, IF THERE ARE NO FURTHER VIOLATIONS TO SUSPEND THE FINES." MOTION BY COMMISSIONER GENNELL. SECONDED BY DEPUTY MAYOR McLEOD. DISCUSSION. DEPUTY MAYOR McLEOD THEN STATED, "THAT THE CITY BE REIMBURSED FOR ITS' EXPENDITURES - THE REIMBURSEMENTS TO THE CITY TO BE REPAID - AND I WOULD LIKE TO KNOW HOW MUCH THAT IS, ROUGHLY." MOTION BY DEPUTY MAYOR McLEOD. SECONDED. DISCUSSION. MAYOR PARTYKA STATED THAT JIMETTE SAID, "AROUND TWO HUNDRED DOLLARS ($200.00)." DEPUTY MAYOR McLEOD FURTHER SAID, "WHY DON'T I DO IT THIS WAY. IF YOU THINK IT IS TWO HUNDRED DOLLARS ($200.00), THEN WHY NOT JUST HAVE THAT - MOTION TO BE THAT WOULD BE REIMBURSED FOR OUR EXPENDITURES, NOT TO EXCEED A THOUSAND DOLLARS ($1,000.00)." SECONDED AGAIN BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: (ON AMENDMENT) DEPUTYMAYORMcLEOD: AYE COMMISSIONER MILLER: NAY COMMISSIONER MARTINEZ: AYE COMMISsioNER GENNELL: AYE MOTION CARRIED. Commissioner Gennell clarified that the Main Motion was "Two (2) years - it was giving credit for the one (1) year - two (2) years from last April ih." CITY OF WINTER SPRlNGS MINUTES CITY COMMISSION SPECIAL MEETING - MARCH 14,2001 PAGE 16 OF 24 VOTE: (ON THE MAIN MOTION) COMMISSIONER MARTINEZ: AYE COMMISSIONER GENNELL: AYE COMMISSIONER MILLER: NAY DEPUTY MAYOR McLEOD: AYE MOTION CARRIED. Mayor Partyka stated, "This Commission has voted, in effect, to rescind the lien. If the property is clean for one (1) more year, okay. And number two, regardless, if it's clean, there is going to be a bill for reimbursement of costs - out of pocket costs, and Ms. Cook will determine what that is. Her estimate is going to be somewhere like two hundred ($200.00) or three hundred dollars ($300.00), something like that; but she is the final judge on that." Regarding when Mr. Goff will need to pay the bill on the reimbursement of costs, Ms. Cook stated that "We will just satisfy the lien - in twelve (12) months, and present Mr. Goffwith a bill." Deputy Mayor McLeod suggested, "Within twelve (12) months, we give him the bill for what that is. Once the bill is paid, satisfied, we will satisfy the lien." REGULAR G. City Manager And City Attorney Request The City Commission Consider The Appointment Of The Town Center Development ~eview Committee (TC DRC) For Purposes Of Approving Final Development Orders Pursuant To The Town Center Zoning Code. Attorney Garganese spoke on this Agenda Item, and stated, that "Any final development order issued under the Town Center Zoning Code should be done by this City Commission, at this time, because those decisions are quasi-judicial in nature. My recommendation is that the City Commission appoint itself the Town Center DRC with respect to all provisions in the Town Center Code where the DRC can make a final decision." "I MOVE TO APPOINT THE TOWN CENTER DEVELOPMENT REVIEW COMMITTEE AS BEING THE CITY . COMMISSION." MOTION BY COMMISSIONER GENNELL. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITV COMMISSION SPECIAL MEETING - MARCH 14,2001 PAGE 17 OF 24 VOTE: COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER MILLER: AYE COMMISSIONER GENNELL: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE FOLLOWING TWO REGULAR AGENDA ITEMS WERE NEXT DISCUSSED. .:..:. REGULAR H. City Manager Requesting The Commission, To Review Cahill Enterprises, Inc. Request For Changes To The Town Center District Code For A Project Known As Avery Park Which Is Located On The Southwest Fringe Of The Town Center West Of Tuskawilla Road. REGULAR I. City Manager Requesting The Commission Sitting As The Development Review Committee For The Town Center Code, To Review Cahill Enterprises, Inc. Requested Site Plan Changes To The Town Center District Center District Code For A Project Known As Avery Park Which Is Located On The Southwest Fringe Of The Town Center West Of Tuskawilla Road. Manager McLemore stated, You are really going to deal with two (2) things tonight. One are issues that are actual special exception issues which the Commission would deal with as the legislative body, and then we are going to deal with some site plan issues which you would deal with as the DRC for the Town Center. All of these, what we are asking for tonight are not formal, final decisions. Weare asking for a review of issues that have been raised to give some direction to these developers to determine if they desire to continue with the process or to bailout, based on some problems they have with the unique aspects of this project, so what we would do is based upon the consensus that we reached tonight, then we would move ahead with that information and assuming we are still are in a green light or a go situation, then we would come back to you with a formal adoption process based upon the direction that you give tonight. So, we've broken it into two (2) different agenda items, one (1) dealing with the special exceptions, and then one (1) dealing with the site plan issues." Tape 3/Side A Mr. Charles Carrington, AICP, Community Development Director addressed the Commission on this matter, and explained that two (2) special exceptions were required - CITY OF WINTER SPRlNGS MINUTES CITY COMMISSION SPECIAL MEETING - MARCH 14,2001 PAGE 18 OF 24 "the first one dealing with the streets. The Town Center District Code clearly states that neighborhood streets will have a fifty foot (50') right-of-way, and the developer is proposing a forty-seven foot (47') right-of-way." Mr. Carrington further explained that "Staff in discussing this feels that the forty-seven foot (47') rights-of-way will work, if parking is allowed only on one (1) side of the street." Mr. Carrington then stated, "Staff further recommends in order to stay in compliance with the Code, that the Developer have a five foot (5') green strip and a five foot (5') sidewalk on each side, rather than the six foot (6') green strip and six foot (6') sidewalk, and I did discuss that with Victor Dover, and he feels that that is appropriate." Manager McLemore stated that "The variation on the forty-seven foot (47') right-of-way did not include any variation on curb to curb width in the design code. The only thing that is varied is the width of the right-of-way. So, my question is why we would want to require only parking on one (1) side when they meet the code, from curb to curb." Discussion. Manager McLemore explained "That we are raising these issues tonight, we are going to bring them back to you again, and I think we need to do some more staff work on this particular issue. H Mr. Carl Cahill, Developer Of The Project: addressed the Commission on this proposed project. Discussion ensued on this project being a private subdivision. Mayor Partyka inquired if "Twenty-six feet (26') curb to curb, is similar to any other street that we have with a fifty foot (50') right-of-way. Is that correct?" Discussion. It was agreed that this particular subject would be brought back. Mr. Carrington introduced the second topic of discussion - two (2) story buildings and explained that "The Town Center as you know, requires that all buildings be a minimum of two (2) stories and a maximum of four (4), and the developer is proposing a mix of one (1) and two (2) story homes." Mr. Carrington continued and said, "In order to have a feeling of intensity and compactness in the Town Center, and that of course is the reason for the two (2) and four (4) story density. Staff feels that there should be a fixed ratio between two (2) story and four (4) stories, and Staff is recommending a sixty-forty (60- 40); sixty percent (60%) of the houses be two (2) story, and forty percent (40%) one (1) story and further we are recommending that the corner lots, and this comes to you from Victor Dover, and he says that all corner lots should be two (2) stories; and that termination vistas like lots eighteen (18) and nineteen (19) - should also be two (2) story. The City Manager feels that all of these homes along this main street, because of the significance of the impact that it will have, that's lots one (1) through seventeen (17), should be two (2) story, and the Staff recommendation from the DRC was for those three (3) conditions, a 60-40 (60-40) ratio; corner lots two (2) story; lots one (1) through CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - MARCH 14,2001 PAGE 19 OF 24 seventeen (17), two (2) story, and any termination vista like lots eighteen (18) and nineteen (19) be two (2) story." Manager McLemore added that "I think what I was trying to do with the sixty-forty (60- 40) ratio, and I know what I think what Victor was trying to do, he wanted a seventy- thirty (70-30) ratio, as I recall, is for the ratio to be not less than sixty percent (60%) two (2) story." Mr. Carrington agreed with this. Ms. Sandy Birle: stated that the "Builder did agree that fewer than half of the units would be one (1) story." Ms. Bide further stated that a hardship would arise if two (2) story buildings were required to be built on the main road. Mayor Partyka clarified Ms. Bide's comments and said that "Lots one (1) through seventeen (17), you are saying you do not want one hundred percent (100%) two (2) story. Is that correct?" Ms. Bide replied, "He is fine with the corner lots, and the vistas and all that." Manager McLemore explained that "The intent and your code says two (2) stories; and to be quite frank with you - if you create the two (2) story look across the main street there, which most people will see, then we are giving you that by - reducing your minimum requirement for two (2) story, down to sixty percent (60%); that look, that's more important to me than the ratio. I could go with fifty-fifty (50-50), but that look across that main street of two (2) story buildings I think is absolutely germane to this project." Commissioner Gennell asked, "Could you adhere to sixty-forty (60-40) mix on that road, rather than a hundred percent (100%)?'' Mr. Cahill and Ms. Bide both stated, "Yes." Commissioner Gennell stated, "I would think that would be worthy of consideration. Maybe even on that road seventy-thirty (70-30) or something - and this is what we are trying to get this look - they will know they are somewhere different." Discussion. Manager McLemore stated, "I am saying, yes, I think we should give you the flexibility to not have to build all two (2) stories. What I am asking you to do is to give that - in consideration for that, this one street, we want a very special treatment on." Further discussion ensued on ten foot (10') setbacks. Mr. Carrington advised the Commission that "'In your review of the final engineering plans and the final designs for the Town Center, it's important now at this stage to address some of these issues. One of the major issues that's been up in the air all along has been, whether it should be or could be a gated community with private streets, versus a non-gated, non-fenced community with public streets." Mr. Carrington explained that "Your Staff is recommending approval of the gated community concept, providing pedestrian access be provided to give access to people that are walking in the community, and so forth, and the other caveat that was felt to be important was that this would not set CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - MARCH 14,2001 PAGE 20 or 24 a precedent that all residential commumtles could be gated, and what Staff was suggesting, and we had some discussion on this is that they not be allowed if there is a community in other words, this is on the periphery, and we are saying it is okay to have a gated community on the periphery, unless there is already a gated community there." Mr. Carrington added that "Obviously you do not want to gate all of your communities in the Town Center. It's supposed to be pedestrian friendly, and vehicular friendly." Manager McLemore also advised those in attendance that to approve such a gated community in this Town Center, a second exit (gate) would need to be approved. Fencing was next discussed. Mr. Carrington stated that "The developer is proposing a six - foot (6') perimeter fence in this development on all sides, with the exception of this - side which is adjacent to the retention pond." Mr. Carrington stated that "Staff is recommending that either a decorative six foot (6') brick or a masonry wall be allowed if a fence is considered." Tape 3/Side B Manager McLemore added that, "The fence on - Tuskawilla would not be a solid masonry wall; that it would be a column type wall with either wrought iron or aluminum or whatever type fencing." Discussion ensued on a proposed aluminum picket fence. Additionally, a drawing of a large clock was shown to members of the Commission. It was suggested that the clock would be approximately seventy feet (70') from the road; and members of the Commission discussed the clock as being either a sign or special treatment. . Manager McLemore brought up the matter involving the retention pond. Manager McLemore stated, "One of the things that I had asked you, and I think we are in agreement on this, that the retention pond; that you are going to create some walkways, planning the landscaping, and developing it as a leisure park, than just a retention pond." Mr. Cahill stated, "Right." Deputy Mayor McLeod asked about a proposed retaining wall. "I'LL MAKE A MOTION THAT WE EXTEND - ONE (1) HOUR." MOTION BY DEPUTY MAYOR McLEOD. SECONDED BY COMMISSIONER GENNELL. DISCUSSION. VOTE: DEPUTY MAYOR McLEOD: AYE COMMISSIONER MILLER: NAY COMMISSIONER MARTINEZ: AYE COMMISSIONERGENNELL: AYE MOTION DID NOT CARRY. " CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - MARCH 14,2001 PAGE 21 OF 24 Brief discussion ensued on mitigation of wetlands. "MR. MAYOR. I MAKE A MOTION THAT WE FINISH THIS ITEM, AND THEN WE ADJOURN." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER GENNELL. DISCUSSION ENSUED ON WHICH AGENDA ITEM WAS BEING DISCUSSED. MANAGER McLEMORE ST A TED, "WE ARE COVERING BOTH OF THEM." COMMISSIONER GENNELL THEN SAID, "AS LONG AS WE COVER THIS WHOLE SUBJECT." MAYOR PARTYKA STATED 'H' AND'!.'" VOTE: COMMISSIONER GENNELL: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. Mr. Carrington further spoke of wetlands, and stated, "Staff is recommending that the waiver not be granted unless the Comp Plan is amended so that it applies universally to everyone." Manager McLemore stated, "I am vehemently opposed to Staffs position on this." Discussion. Attorney Garganese elaborated on an Opinion letter written on February 20th and stated that "It is my opinion that the Commission does have flexibility to reduce, if not waive in it's entirety the twenty five foot (25') wetland buffer requirement. There's a couple of provisions in your Comprehensive Plan that you need to consider, including the fact that you can alter wetlands underneath your Comprehensive Plan. You can also mitigate wetlands. My opinion to Staff was that you can reduce the twenty-five foot (25') wetland buffer, under certain circumstances. One of them should be a requirement that it be pursuant to a wetland mitigation plan, approved by St. Johns and the Army Corps of Engineers, which you have in this case; and the City should also consider site conditions that reasonably support the reduction of those wetland boundaries which in this case, the applicant believes they meet that requirement. Further, I think the City can reduce and eliminate the wetland buffer - if it's consistent with the overall goals and objectives of your Comp Plan, which specifically provides for mitigation of wetlands under certain circumstances, providing necessary permits are approved." Discussion followed on alleys and sidewalks. Commissioner, Gennell asked, "On the north side of this property, all of these lots here, are there sidewalks going all around?" Mr. Carrington explained that sidewalks were planned only for both sides of the main streets. Discussion followed on a proposed 42 inch (42") barrier wall, and run-offs. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - MARCH 14,2001 PAGE 22 OF 24 Deputy Mayor McLeod suggested that on the issue of the wetlands, that there be a consensus. Manager McLemore added, "We're saying that you can do this without violating your Comp Plan, so what the Commission needs to decide is based on the information, do you have a better situation with run-off from this development going directly into a wetland, or being channeled to a retention area for treatment before it goes out. And, I'm saying, to me you've got a better situation - going into a storm drain system and into a retention pond, for purposes of treatment." Deputy Mayor McLeod agreed with the City Manager, and stated "I'm for it." Commissioner Gennell asked if all of the alleys and streets were inverted, and if storm drains were in the middle of the streets. Mr. Cahill responded by saying that he was not sure about the streets but "All the alleys are." With discussion, Commissioner Gennell agreed that they would be "crown streets" and she was okay with this. Commissioner Martinez stated, "I'm in agreement with the Manager." Commissioner Miller stated that "I agree with the Manager." Mr. Carrington spoke again about a second gate, which would be closed to the general public. Regarding this matter, Manager McLemore stated, "We have a little more work to do." The final area of discussion pertained to a lift station. Mr. Carrington explained that "Regardless of where it is, Staff feels - and your consultant Victor Dover feels that it should be screened either with landscaping or a brick fence or something that is in harmony and in keeping with the architecture - and the developer is agreeing to that." Mr. Carrington further explained that "We don't have the final drawings; and that the final rezoning has not taken place; and the Comp Plan has not been amended. This has been a courtesy review that we have done for Avery, with the full understanding from them that they proceed at their own risk." In other business, the Commission agreed to discuss the remaining Agenda Items from this Agenda, at the next Regular Meeting. Manager McLemore then asked if the City Commission could meet for a Special Meeting on March 21 st, 2001, prior to the already planned Workshop. Tape 4/Side A "I MOVE TO ADJOURN" MOTION BY COMMISSIONER MARTINEZ. SECONDED. DISCUSSION. VOTE: DEPUTY MAYOR McLEOD: AYE COMMISSIONER GENNELL: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIA L MEETING - MARCH 14, 200 I PAGE 23 OF 24 VIII. ADJOURNMENT Mayor Partyka adjourned the meeting at 11 :26 p.m. .:..:. AGENDA NOTE: THE FOLLOWING AGENDA ITEMS AND REPORTS WERE NOT DISCUSSED DURING THIS MEETING. .:. .:. VI. REGULAR REGULAR A. City Manager Requesting The City Commission To Review Information Relative To The City Clerk's Annual Salary Review And To Take Whatever Actions It Deems Appropriate. REGULAR C. City Attorney Wishes To Inform The Commission About His Research Into The Matter Of Business Card Use, And Asks For The Commission's Direction In Requesting A Formal Opinion On The Matter From The Commission On Ethics. REGULAR D. Office Of The City Clerk Requesting That The City Commission Of The City Of Winter Springs Consider The Attached Resolution Number 2001-04 Which Sets Forth A Suggested Format And Style For All City Commission Meeting Minutes And Advisory Board And Committee Meeting Minutes. (This Agenda Item Was Listed As Regular Agenda Item "A" On The February 26, 2001 Regular Meeting Agenda, But Was Postponed To This Meeting.) REGULAR E. Community Development Department Requests The City Commission Consider Adopting Resolution Number 2001-07 Amending Resolution 600, Section II J Dealing With Consulting Fees. REGULAR F. Commissioner Michael S. Blake Is Asking That The City Commission Consider His Request For Additional Funds, As He Has Reached (And Exceeded) The Appropriated Amount Of $2,000.00 Under Line Code 1100-54010 (Travel & Per Diem). " VII. REPORTS REPORTS A. City Attorney - Anthony A. Garganese, Esquire REPORTS B. City Manager - Ronald W. McLemore REPORTS C. City Clerk - Andrea Lorenzo-Luaces REPORTS D. Commission Seat III - Edward Martinez, Jr. REPORTS E. Commission Seat IV - Cindy Gennell REPORTS F. Commission Seat V - David W. McLeod REPORTS G. Commission Seat I - Robert S. Miller REPORTS H. Commission Seat II - Michael S. Blake REPORTS I. Office Of The Mayor - Paul P. Partyka lSPECTFULLY SUBMITTED: /, I : NZO-LUACES NOTE: These minutes were approved at the April 9,200 I Regular City Commission Meeting. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - MARCH 14,2001 PAGE 24 OF 24