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HomeMy WebLinkAbout2003 02 10 Consent C Approval of the January 27, 2003 City Commission Regular Meeting Minutes COMMISSION AGENDA ITEM C Consent X Informational Public Hearings Regular February 10.2003 Regular Meeting Mgr. / Dept. Authorization CONSENT C. Office Of The City Clerk Approval Of The January 27,2003 City Commission Regular Meeting Minutes. .. .\ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING JANUARY 27,2003 CALL TO ORDER The Regular Meeting of January 27,2003 of the City Commission was called to order by Mayor John F. Bush at 6:33 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 Robert S. Miller, present . Commissioner Michael S. Blake, present Commissioner Edward Martinez, Jr" present Commissioner Sally McGinnis, present Commissioner David W. McLeod, present City Manager Ronald W. McLemore, present City Attorney Anthony A. Garganese, present After a moment of silence, the Pledge of Allegiance was recited. Regarding Agenda Changes, Mayor Bush stated, "Number 24, the Public Hearing - First Reading of an Ordinance regarding the Tuscawilla County Club Village Streetlight Maintenance District, they have asked that this be delayed to a future Meeting. Also, 29 which is - a Regular Agenda Item requesting the Commission approve a Development Agreement for - the Villagio, next to Stone Gable; they called this afternoon and asked the Manager to remove it from the Agenda." Additionally Mayor Bush stated that the Agenda Items "32, 33, 34, 35, and 36" are going to be pulled off and will be discussed at our next Regular Meeting." Commissioner Michael S. Blake spoke about Item 15. - Consent 'f' and stated, "I wanted to pull it for separate consideration." Additionally, City Attorney Anthony A. Garganese stated, "On Consent 6., I just want to bring to the Commission's attention that the contract that is included in that Agenda is not the Contract that the City will be executing, That was provided by the Fireworks Company, " .:..:. AGENDA NOTE: THE FOLLOWING AWARDS AND PRESENTATIONS ARE NOT DOCUMENTED IN THE ORDER THEY WERE PRESENTED. .:. .:. ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 27, 2003 PAGE 2 OF 23 , AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 1. A. Office Of The Mayor Presentation Of Resolution 2002-40 To Former Mayor Paul P. Partyka, In Recognition Of His Service To The City Of Winter Springs. Mayor Bush presented a Resolution in recognition of former Mayor Paul P. Partyka's contributions to the City. AWARDS AND PRESENTATIONS 2. B. Office Of The Mayor Presentation Of Resolution 2002-41 To Former Commissioner Cindy Gennell, In Recognition Of Her Service To The City Of Winter Springs. A Resolution was presented by Mayor Bush to former Commissioner Cindy Gennell in recognition of her past contributions to the City. A WARDS AND PRESENTATIONS 3. C. Office Of The Mayor Presentation Of A Proclamation To Ms. Kelly Thompson In Recognition Of Being Named Teacher Of The Year For Winter Springs High School. Mayor Bush presented a Proclamation in recognition of Ms. Thompson being awarded "Teacher of the Year" for Winter Springs High School. AWARDS AND PRESENTATIONS 4. D. Office Of The Mayor Presentation Of A Proclamation To Ms. Lily Gordon In Recognition Of Being Named Non Instructional Employee Of'rhe Year For Winter Springs High School. A Proclamation was presented by Mayor Bush to honor Ms. Gordon being named "Non Instructional Employee of the Year" for Winter Springs High School. AWARDS AND PRESEj\/TATIONS 5. E. Office Of The Mayor Presentation Of A Proclamation To Sergeant Victor Frasqueri In Recognition Of Being Named Army Instructor Of The Year For The State Of Florida. Mayor Bush presented a Proclamation to Sargeant Frasqueri in honor of him being named as the "Army Instructor ofthe Year for the State of Florida." " CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 27,2003 PAGE 3 OF 23 .:..:. AGENDA NOTE: THE FOLLOWING AWARD AND PRESENTATION WAS NOT NOTED ON THE AGENDA BUT WAS PRESENTED NEXT BY MAYOR BUSH. .:. .:. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS Office Of The Mayor Presentation Of A Plaque To Commissioner Michael S. Blake In Honor Of His Being Elected As President Of The Tri-County League Of Cities. Mayor Bush presented a Plaque to Commissioner Blake in honor of his being elected as President of the Tri-County League of Cities for 2003. PUBLIC INPUT Mr. George W Seely, 211 Birch Terrace Winter Springs, Florida: inquired about the reasoning behind the transfer of funds noted in Consent Agenda Item "E." Ms. Tracy Lesse, 1 Laurel Oaks Drive, Winter Springs, Florida: as the Property Manager for Golf Terrace Apartments, Ms.. Lesse spoke of her concern that residents of this complex were being cited for commercial vehicle violations and suggested an Amendment to the Code. Commissioner Blake inquired about the zoning classification of this property [Golf Terrace Apartments] and stated, "I think this is an area that we could look at and I would like Staff to take a look at this." Further, Commissioner Blake stated that "There may be ways to work within that type of environment to provide perhaps a sector or two (2) within the complex where parking - could be approved - Staff should take a look at this and bring it back, whether they think it is feasible to do so or not." Mr. Bill Rudolph Jr., 19 Laurel Oaks Drive, Winter Springs, Florida: as a resident of Golf Terrace Apartments, Mr. Rudolph spoke of a personal situation involving his commercial vehicle. CONSENT CONSENT 6. A. Parks And Recreation Department Requesting The City Commission To Accept The Bid Of Pyrotecnico And Authorize The City Manager To Execute A Contract With The Approved Bidder For A Fireworks Display On July 4, 2003. ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 27, 2003 PAGE 4 OF 23 Attorney Gargariese spoke on this Agenda Item and explained that a contract similar to what was ,used last year would be substituted for the one found in the Agenda packets. Mayor Bush stated, "I mentioned to the Manager that in the future, not for this contract, but for the future, we may want to look into going to more than a one year contract, because sometimes they will low-ball it to get it and raise it every year." With further discussion, Commissioner Blake stated, "I don't have a problem with what We have here and with authorizing the Manager and the Attorney to negotiate a contract. We do this frequently on other items - ,as long as we understand what the main terms are going to be." Mayor Bush' stated, "We will leave this as part ofthe Consent Agenda." CONSENT 7. B. Parks And Recreation Department Requesting The City Commission To Accept The Bid Of M.V. Transportation, Inc. To Provide Senior Bus Services And Authorize The City Manager To Execute A . Contract With The Approved Bidder For Senior Transportation Service. Commissioner Edward Martinez, Jr. stated, "I just wanted to say thanks to all concerned, the Fire Chief [Timothy J, Lallathin], Chuck Pula [Parks and Recreation Department Director], the Senior Citizens Center Manager Susie [Coffinan]. Goodjob and 1 hope we can expand on this in the future." Commissioner David W. McLeod inquired; "Do we have an idea, Ron [Ronald W. McLemore, City Manager] of what we think this trip may take?" Manager McLemore stated, ''That is the reason we said we would bring you back a monthly report and then a quarterly report so we can begin to see what the actual - level of service is." Manager McLemore added, "We are just going to have to see how it goes and keep you updated on what the ridership is like." CONSENT 8. C. Public Works Department Requesting Approval To Enter Into A Contract To Construct Landscape And Hardscape Improvements For The Town Center On Hickory Grove Road And Tuskawilla Road. Discussion CONSENT 9. D. Finance Department Requesting City Commission Approve The FY 2004 Budget Calendar. " CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 27, 2003 PAGE 5 OF 23 CONSENT 10. E. Finance Department. Requests The City Commission Approve An Interfund Loan From The General Fund To The Central Winds Debt Service Fund In The Amount Of $225,330 To Pay The FY 03 Debt Service On The Central Winds Limited Obligation Bond. Discussion. CONSENT 11. F. Office Of The City Attorney Presents Resolution Number 2003-06 To The City Commission For Approval. The Resolution Memorializes The Previous Discussion Of The City Commission To Amend The City Commission's Rules And Procedures. With discussion, Commissioner Blake stated "We have had issues in the past with getting Agendas out on time" and spoke of his concerns with the language in 3. b A. Deputy Mayor Robert S. Miller suggested, "I think we should take out 'Agenda Packets' and just leave the' Agenda Item." Furthermore, Deputy Mayor Miller clarified that "I think we should delete that 'Agenda Packets' - they should be available on Wednesday." Mayor Bush then stated, "We will pull [Consent] Item 'F' off and it will go on to the Regular Agenda." Commissioner McLeod said, "I agree with Deputy Mayor Miller, 'Packets' probably should be changed to a single Agenda Item, if it needs to get to us later." Discussion then ensued on the proposed time limits, and Commissioner McLeod stated, "I have a problem with that." Mayor Bush added that he was concerned with this issue too. Tape I/Side B With further discussion, Commissioner Blake stated, "Pull the Item off - Consent, and put it on the Regular [Agenda]." , CONSENT 12. G. Utility Department Requesting Approval Of A Quit Claim Deed Conveying Property To The City. CONSENT 13. H. Public WorkslUtility Department Requesting Approval Of Change Order #1 For Triple Luminaries On The Mast Arms At State Road 434 And Tuskawilla Road. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 27, 2003 PAGE 6 OF 23 CONSENT 14. I. Public Works Department Requesting Authorization To Purchase One (1) Dump Truck By Piggybacking Off . Of Pasco County Bid #02-029F. CONSENT 15. J. Community Development Department Presents A Request By Tuskawilla Office Park, LLC, To Allow A 5 Foot Wide Sidewalk Abutting Buildings Lots 4 Through 11 (Interior Building Lots) At Tuskawilla Office Park. CONSENT . , 16. K. Office Of The Mayor Presentation Of Resolution 2003-05 Expressing Appreciation To Sally McGinnis For Her Service On The Planning And Zoning Board/Local Planning Agency. CONSENT 17. L. Office Of The City Clerk Approval Of The January 13, 2003 City Commission Regular Meeting Minutes. Mayor Bush stated, "We have now pulled off the Consent Agenda, Items' J' and 'F.'" "MOTION TO APPROVE CONSENT AGENDA WITH THE EXCEPTION OF ITEMS 'F' AND 'J.'" MOTION BY COMMISSIONER MARTINEZ. SECONDED BY DEPUTY MAYOR MILLER. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR MILLER: AYE , COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. INFORMATIONAL INFORMATIONAL 18. A. Community Development Department Advising The City Commission .of The Status Of Various Current Planning Projects. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 27, 2003 PAGE 7 OF 23 INFORMATIONAL 19. B. Public Works Department Updating The City Commission On The Status Of The Town Center Roads Project. INFORMATIONAL 20. C. Community Development Department Advising The City Commission Of A Code Violation Regarding The Setback For An Existing B,arrier Fence In The Greenbriar Development. With discussion on the Code violations, Commissioner Martinez stated, "If those fences were there before this' Ordinance went into effect, those fences should be grandfathered in. If they were not, then you take whatever action is necessary." Manager McLemore said, "I think we need to put this on the next Agenda." Commissioner Martinez suggested, "I would like you to consider the Covenants, the Code, and the history of that subdivision." Manager McLemore added, "We will agenda it for action next time." INFORMATiONAL 21. D. Public Works Department Informing The City Commission On The Potable Water Usage For 2002. INFORMATIONAL 22. E. Informational Services Department Update The Commission On Future Plans To Utilize Bank Drafts For Payment Of Utility Bills. INFORMATIONAL 23. F. Community Public Works Department Requests The City Commission Consider Information About The Status Of The Boat Dock Regulations. "MOTION TO APPROVE THE INFORMATIONAL AGENDA." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 27, 2003 PAGE 8 OF 23 VOTE: DEPUTY MAYOR MILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. PUBLIC HEARINGS PUBLIC HEARINGS 24. A. Office Of The City Manager Requests That The CityCommissio~ Consider For First Reading Ordinance Number 2003-02, Which Repeals Ordinance Number 545. And Dissolves The Tuscawilla County Club Village Streetlight Maintenance District ("District") Pursuant To Section 189.4042, Florida Statutes. The Proposed Ordinance Also Dissolves Resolution Number 720, And Discontinues The Levy, Collection, And Enforcement Of Non-Ad Valorem Assessments By The District As Provided Under Section 197.3632, Florida Statutes. As stated earlier in this Meeting, this Agenda Item was pulled from this evening's Agenda as it was requested that "This be delayed to a future Meeting." .:..:. AGENDA NOTE: THE FOLLOWING TWO (2) CONSENT AGENDA ITEMS WERE ADDED TO THE REGULAR AGENDA, IN THE ORDER AS DISCUSSED AND AS DOCUMENTED. .:. .:. REGULAR FORMERLY LISTED ON THE CONSENT AGENDA 11. F. Office Of The City Attorney Presents Resolution Number 2003-06 To The City Commission For Approval. The Resolution Memorializes The, Previous Discussion Of The City Commission To Amend The City Commission's Rules And Procedures. Discussion ensued on the proposed time limits and reasons for delays in getting the Agenda out. Deputy Mayor Miller stated, "We need to have the Agendas on Wednesdays." DEPUTY MAYOR MILLER SUGGESTED, "I WOULD SUGGEST THAT WE JUST DELETE THE TEN (10) MINUTES - SO THAT EVERYBODY GETS FIVE (5) MINUTES IN ROTATION." MAYOR BUSH THEN STATED, "COMMISSIONER MILLER, YOU ARE RECOMMENDING THAT IN ITEM - 3. G., THE LAST - THREE (3) LINES AFTER THE WORD 'ITEM' - IT NOW IS CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 27, 2003 PAGE 9 OF 23 A COMMA, BECOMES A PERIOD AND THE REST OF THAT BE STRICKEN - SO THAT 'PROVIDED NO COMMISSIONER OR THE MAYOR SHALL BE GIVEN MORE THAN A TOTAL OF TEN (10) MINTES TO SPEAK ON AN AGENDA ITEM UNLESS ADDITIONAL TIME IS APPROVED BY MAJORITY VOTE OF THE CITY COMMISSION' - THAT WOULD BE STRICKEN." DEPUTY MAYOR MILLER STATED, "CORRECT." MAYOR BUSH THEN INQUIRED, "IS THAT A MOTION?" DEPUTY MAYOR MILLER STATED, "YES IT is.'' MOTION BY DEPUTY MAYOR MILLER. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. COMMISSIONER MARTINEZ ADDED, "WE SHOULD HAVE THIS PACKAGE BY WEDNESDAY, REGARDLESS OF WHAT ELSE IS PENDING, AND IF YOU HAVE OTHER ITEMS THAT YOU FEEL ARE IMPORTANT, YOU SHOULD PUT THEM ON AS AN ADDED AGENDA ITEM, AND BRING THEM TO THE COMMISSION, AND WE WILL DECIDE BEFORE THE MEETING WHETHER WE SHOULD TAKE THEM ON, OR NOT - WE COULD DISCARD THEM OR ACCEPT THEM." , COMMISSIONER BLAKE SPOKE ON HIS INTERPRETATION OF THE MOTION AND STATED, "THE EFFECT OF STRIKING THESE THREE (3) LINES TAKES AWAY THE TEN (10) MINUTES PER INDIVIDUAL TOTAL LIMITATION; BUT WHAT IT DOES NOT DO IS IT DOES NOT TAKE AWAY THE REQUIREMENT TO HAVE THE FLOOR FOR IN EXCESS OF FIVE (5) MINUTE ALLOTS." FURTHER, COMMISSIONER BLAKE POINTED OUT, "I DO NOT BELIEVE MR. MAYOR THAT STRIKING THESE THREE (3) LINES LIMITS A COMMISSIONER, ANY GIVEN COMMISSIONER OR YOU THE MAYOR, TO TWO (2) FIVE (5) MINUTE INCREMENTS, PERIOD, AND THAT IS IT. I THINK ,WHAT IT SAYS IS YOU CAN'T HOLD THE FLOOR FOR ANY LONGER THAN FIVE (5) MINUTES AT A TIME, IF SOMBODY ELSE WANTS A CHANCE AT IT." COMMISSIONER SALLY McGINNIS ADDED, "THAT IS HOW I READ IT." WITH FURTHER DISCUSSION, MAYOR BUSH STATED, "YOU CAN'T HOLD THE FLOOR LONGER THAN FIVE (5) MINUTES AND EVERYBODY GETS THEIR FIVE (5) MINUTE CRACK BEFORE YOuqo INTO YOUR SECOND FIVE (5) UNLESS NOBODY ELSE WISHES TO SPEAK." COMMISSIONER McLEOD ADDED, "AS LONG AS THERE IS NOT A MAXIMUM TIME LIMIT." MAYOR BUSH ADDED, "THE MAXIMUM HAS BEEN STRICKEN." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 27, 2003 PAGE 10 OF 23 VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: NAY DEPUTY MAYOR MILLER: AYE COMMISSIONERBLAKE: AYE MOTION CARRIED. With further discussion, Mayor Bush stated, "The Commission voted to approve the correction on item G, - where the last three (3) lines were stricken. The other items have not been voted on one way or another." "I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE RESOLUTION NUMBER 2003-06 INCORPORATING THE LANGUAGE OF THE PREVIOUSLY A.PPROVEDMOTION, CHANGING THE AGENDA PACKET LANGAUGE TO READ THAT THE AGENDA PACKETS ARE DUE WEDNESDAY AT 5:00 P.M. AND ANY ADDITIONAL ITEMS THAT FALL WITHIN THE EMERGENCY PROVISION THAT IS' IN THERE, WOULD BE ALLOWED, AND IT INCORPORATES THE REST OF THE RESOLUTION AS WRITTEN." MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR MILLER. DISCUSSION. MAYOR BUSH CLARiFIED, "AGENDA PACKETS SHOULD BE MADE AVAILABLE TO COMMISSIONERS NO LATER THAN WEDNESDAY AT 5:00 P.M., PRIOR TO THE COMMISSION MEETING." COMMISSIONER BLAKE ADDED, "HOWEVER, WHEN ABSOLUTELY NECESSARY OR' IN THE EVENT OF AN EMERGENCY, THE CITY MANAGER MAY DISTRIBUTE ADD-ON AGENDA ITEMS AFTER WEDNESDAY AT 5:00 P.M." VOTE: COMMISSIONER McLEOD: NAY COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McGINNlS: AYE DEPUTYMAYORMILLER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 27.2003 PAGE 11 OF 23 FORMERLY LISTED ON THE CONSENT AGENDA 15. J. Community Development Department Presents A Request By Tuskawilla Office Park, LLC, To Allow A 5 Foot Wide Sidewalk Abutting Buildings Lots 4 Through 11 (Interior Building Lots) At Tuskawilla Office Park. Mr. John Baker, AICP, Current Planning Coordinator, Community Development Department and Manager McLemore addressed the Commission's concerns. Discussion. "MOTION TO APPROVE ITEM 'J.'" MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER BLAKE: NAY COMMISSIONER McLEOD: NAY COMMISSIONER McGINNIS: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR MILLER: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE REMAINDER OF THE REGULAR AGENDA WAS DISCUSSED AS DOCUMENTED. .:. .:. REGULAR REGULAR 25. A. Community Development Department - Arborist Presenting The Request Of Mr. Louis Patricelli To Remove 1 Specimen Bald Cypress, Approximately 23 Inches In Diameter. Mr. Michael Mingea, ArboristlEnvironmental Inspector, Community Development Department spoke on this Agenda Item. Mr. Louis Patricelli, 647 Silvercreek Drive, Winter Springs, Florida: explained to the City Commission about his particular situation arid displayed some photographs of his property. ' Discussion. Tape 2/Side A Further discussion ensued, CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 27, 2003 PAGE 120F23 "I MAKE A MOTION THAT WE APPROVE REGULAR ITEM 'A.'" MOTION ny COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. Commissioner Blake stated, "Point of Order, " and spoke of the Motion on the floor. COMMISSIONER McLEOD STATED, "I WITHDRAW MY SECOND." "I MAKE A MOTION THAT WE APPROVE ITEM' A' - REGULAR AGENDA - JANUARY 27, 2003 WHICH STATES THAT WE SHOULD CONSIDER MR. PATRICELLI'S REQUEST AND MOVE TillS SPECIMEN TWENTY-THREE INCH (23") DIAMETER BALD CYPRESS TREE AT 647 SIL VERCREEK [DRIVE] AS REQillRED BY SECTION 5":8. OF THE CITY'S CODE OF ORDINANCES ,AND MY MOTION IS TO APPROVE IDS REQUEST." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: COMMISSIONER McGINNIS: NAY COMMISSIONER BLAKE: NAY COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE DEPUTY MAYOR MILLER: NAY MOTION DID NOT CARRy. REGULAR 26. B. Community Development Department Requests That The Commission Approve The Final Subdivision Plat For Wagner's Curve And Authorize Its Recordation, Subject To Conditions. , . Mr, Baker addressed the City Commission regarding this Agenda Item. With discussion on access to the right-of-way, Commissioner Blake inquired, "Are there full rights for PARCEL 2 in this easement, for their access?" Mr. Baker responded, "I would have to get the applicant to respond to that." Attorney Garganese suggested, "You may want to insert - since it is on PARCEL 1 - for the benefit of the owners of PARCEL 2, and perpetual use of the public; you want to tie it to that other parce1." Commissioner Blake stated his agreement with what Attorney Garganese had said. "I MAKE A MOTION WE APPROVE THE RECORDING OF THE PLAT, SUBJECT TO THE ADDITIONAL LANGUAGE DISCUSSED BY THE ATTORNEY." MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR MILLER. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 27,2003 PAGE 13 OF 23 VOTE: DEPUTYMAYORMILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. REGULAR 27. C. Community Development Department Requests That The City Commission, in Its Capacity As The DRC, Consider A Request For The Building 15 Architectural Renderings/Building Elevations Submitted By Wendy's (Restaurant Administrative Services). Introductory comments were presented to the City Commission. Discussion. Mr. Ron Donley, 2699 Lee Road, Winter Park, Florida: as a representative of Restaurant Administration Services, Mr. Donley addressed questions and concerns of the City Commission in respect to the plans that were displayed. Deputy Mayor Miller spoke for the record about his concerns with the lack of outdoor eating areas. ' Commissioner McLeod inquired, "What are the height elevations?" Mr. Donley responded, "You are looking at approximately twenty-four feet (24') at the highest point; and I think twenty-three feet (23') - it was broken up so that it looks like two (2) buildings." Commissioner McLeod further stated, "So the front elevation roughly is twenty-four feet (24')?" Mr, Donley stated, "I believe that is correct." Further, Mr. Donley added, "1 believe it is about twenty-two feet (22')." Commissioner McLeod then inquired, "What is the width on this building?" Mr, Donley stated, "Forty-three feet (43')." Discussion. "I MAKE A MOTION THAT WE APPROVE ITEM 'C,'" A REQUEST FOR THE BillLDING 15 ARCHITECTURAL RENDERINGSIBUILDING ELEVATIONS SUBMITTED BY WENDY'S." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. COMMISSIONER McGINNIS STATED, "ONCE THE SIGN IS MOVED, IT WON'T BE VISABLE ABOVE THE ELEVATION OF THE BUILDING. IS THAT CORRECT?" MR. DONLEY STATED, "YES, THAT IS CORRECT." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 27, 2003 PAGE 140F23 COMMISSIONER McLEOD THEN ASKED MR. DONLEY, "WHAT IS BEHIND THE SHUTTER?" MR. DONLEY STATED, "IT IS A GLASS WINDOW." COMMISSIONER McLEOD INQUIRED, "A TRUE GLASS WINDOW OR A REFLECTION OF A GLASS WINDOW?" MR. DONLEY EXPLAINED, "THOSE WILL BE. REFLECTIONS OF WINDOWS UP THERE. NOW, IF STAFF, WHEN THEY REVIEW OUR PLANS, SAY THEY NEED REAL GLASS , WINDOWS, THEY WILL BE REAL GLASS WINDOWS, BUT RIGHT NOW, WE WERE TOLD THAT THEY COULD BE REFLECTIVE WINDOWS." COMMISSIONER McLEOD THEN ASKED, "AT WHAT DEGREE ARE THE SHUTTERS OPENING AND CLOSING TO SHOW THESE REFLECTIVE WINDOWS?" MR. DONLEY RESPONDED BY SAYING, "THEY ARE GOING TO BE IDENTICAL TO THE SHUTTERS THAT ARE ON THE FRONT - SOME OF THOSE YOU HAVE OUT THERE ARE PERMENANT - THESE ARE NOT. THEY HAVE, REQUESTED THEM TO BE OPENED AND SHUT." COMMISSIONER McLEOD ADDED, "I HAVE A LITTLE CONCERN ON THOSE, DURING A HURRICANE." MR. DONLEY STATED, "THEY WOULD BE SHUT AND SCREWED IN AT THE BOTTOM." COMMISSIONER McLEOD THEN STATED THAT "I AM ALSO NOT REALLY HAPPY WITH SEEING THE APPEARANCE OF - TilE GLASS THAT WE ARE USING OUT THERE. IT IS NOT LOOKING LIKE GLASS; SO I THINK THAT NEEDS TO BE STRONGLY LOOKED AT BY STAFF." MR. DONLEY STATED, "WE WOULD USE BASICALLY ALUMINUM CLAD, BECAUSE THAT IS THE ONLY TIDNG THAT WON'T ROT DOWN HERE IN FLORIDA..." COMMISSIONER McLEOD ADDED, "...ALUMlNUM CLAD WITIl A DOUBLE PANE..." MR. DONLEY THEN SAID, "AND THEY'D BE BRONZE - BRONZE MOLDING TO MATCH THE LOWER BRONZE..." COMMISSIONER McLEOD THEN POINTED OUT, "...BASICALL Y IT IS A STOREFRONT GLASS MATCHING THE STOREFRONT, BUT IT IS IN A METAL FRAME." MR DONLEY AGREED AND STATED, "THAT'S CORRECT." MAYOR BUSH THEN SAID TO MR. DONLEY, "WHAT YOU ARE SAYING IS THAT YOU WOULD PUT THAT IN IF STAFF RECOMMENDED IT..." MR. DONLEY RESPONDED, "YES..." MAYOR BUSH CONTINUED, "...OR IF THE COMMISSION IS ASKING FOR IT, OR AT LEAST COMMISSIONER McLEOD." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 27, 2003 PAGE 15 OF 23 "AMENDMENT TO THE MOTION - THAT WE RECOMMEND THAT A TRUE GLASS PANE BE USED ON THE UPPER, BUT ALSO TAKE INTO CONSIDERATION THE SWEATING OF THOSE WINDOWS AND THE DESIGN OF THAT SO THAT WE END UP HAVING FOGGED WINDOWS UP THERE WITH MOISTURE IN BEHIND THEM." AMENDMENT TO THE MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. COMMISSIONER BLAKE ASKED MANAGER McLEMORE, "DOES THIS 'BUILDING, AS IT IS CUImENTL Y DEPICTED, COMPLY WITH ALL OF THE TOWN CENTER CODES? SPECIFICALLY THE TOP PICTURE, WHICH - IS THE WEST EL~V ATION. IT LOOKS TO ME LIKE IT IS SHY - WINDOWS; THERE AREN'T ENOUGH WINDOW AREAS TO COMPLY WITH THE TOWN CENTER CODE." MR. BAKER STATED, "IT DOES COMPLY WITH THE CODE." , MANAGER McLEMORE ASKED MR. DONLEY, "DO YOU HAVE A PROBLEM WITH PUTTING A COUPLE OF WlNI)OWS ON THAT SIDE OF THE BUILDING?" MR. DONLEY STATED, "NO, I COULD ADD PROBABLY ANOTHER WINDOW OR TWO (2) ON THAT SIDE. . THEY ARE GOING TO BE FALSE WINDOWS THOUGH, BECAUSE YOU CAN'T PUT THEM INTO THE KITCHEN." VOTE: (ON THE AMENDMENT) COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McGINNIS: A.YE DEPUTYMAYORMILLER: AYE MOTION CARRIED~ "I WOULD LIKE TO AMEND THE MOTION TO HAVE THE WEST SIDE OF BUILDING - ADD THREE (3) ADDITIONAL WINDOW-LIKE FEATURES IN KEEPING WITH, THE EARLIER AGREEMENTS ON THE WEST SIDE OF THE BUILDING." AMENDMENT TO THE MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. MANAGER McLEMORE SUGGESTED, "YOU MIGHT COME OUT WITH A BETTER LOOKING BUILDING IF YOU DO SOMETIDNG UP HERE, THAN JUST LINE THEM UP ACROSS HERE - FROM AN ARCHITECTURAL PERSPECTIVE, SO MY QUESTION IS WOULD YOU GIVE THEM SOME FLEXIBILITY TO WORK SOMETHING HERE AND HERE [MANAGER McLEMORE POINTED TO THE UPPER FLOOR. SHOWN ON THE RENDERING] TO BALANCE IT OFF?" COMMISSIONER BLAKE STATED, "ABSOLUTELY." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 27, 2003 PAGE 16 OF 23 COMMISSIONER McLEOD ADDED, "I WAS GOING TO SUGGEST THAT WE - ARCIDTECTURALLY ALLOW HIM TO DO TIDS - SO THAT IT MATCHES ARCHITECTURALLY, BECAUSE THERE IS NO SQUARE FOOTAGE. WE JUST SAID ADD THREE (3) WINDOWS. WHAT IS THAT SQUARE FOOTAGE WISE? SO, IS IT A ONE SQUARE FOOT BY ONE SQUARE FOOT WINDOW?" MR. DONLEY STATED, "WE WOULD NOT PUT..." COMMISSIONER McLEOD ADDED, "...WE DID NOT GIVE A DIRECTION AS TO A PERCENTAGE OF THAT WALL OR TO AN ARCHITECTURAL ELEMENT OF THAT WALL IN THE MOTION." COMMISSIONER BLAKE STATED, "THE COMMISSIONER'S LANGUAGE IS THE INTENT OF MY MOTION." COMMISSIONER BLAKE STATED, "THE MOTION WAS MEANT TO SUGGEST THAT THE CITY MANAGER AND STAFF WILL HAVE THE ABILITY TO WORK WITH THE DEVELOPER TO ADD ADDITIONAL WINDOWS ON THE WEST SIDE OF THE BUILDING, TO CREATE A MORE PLEASINGLY AESTHETIC WEST SIDE." VOTE: (ON THE AMENDMENT) COMMISSIONER BLAKE: AYE DEPUTYMAYORMILLER: NAY COMMISSIONER McGINNIS: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. VOTE: (ON THE MOTION, AS AMENDED) COMMISSIONER MARTINEZ: AYE DEPUTYMAYORMILLER: NAY COMMISSIONER BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. REGULAR 28. D. Parks And Recreation Department Requesting The City Commission To Consider Options For Additional Park Screening At Moss Park That Is Not Budgeted And Would Require New Appropriation. Deputy Mayor Miller stated, "I would like to see a fence put in there - I think it is the right thing to do." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 27, 2003 PAGE 170F23 "I MAKE A MOTION TO APPROVE OPTION 1." COMMISSIONER BLAKE. MOTION BY Tape 2/Side B SECONDED BY COMMISSIONER MARTINEZ. DISCUSSSION ENSUED ON BUDGETARY CONCERNS. COMISSIONER McLEOD ASKED MR. CHUCK PULA,. PARKS AND RECREATION DEPARTMENT DIRECTOR, "AT THIS PRICE OF TWELVE DOLLARS ($12.00) A LINEAR FOOT, DOES THAT INCLUDE THE IRRIGATION THAT IS ON SITE, TO BE BROUGHT AROUND - OF WHERE I UNDERSTAND THE WAX MYRTLES WOULD GO?" FURTHERMORE, COMMISSIONER McLEOD STATED, "IF THE NUMBER WE ARE LOOKING AT IS TRULY TWELVE DOLLARS ($12.00) A LINEAR FOOT, IS THAT FOR THE BUSH, IRRIGATION, AND THE PLANTING OR IS THAT FOR THE PLANTING OF THE BUSa WITH THE POSSmILITY THAT THERE IS IRRIGATION THERE AND ARE WE GOING TO GET ANOTHER COST - TO PUT IN IRRIGATION?" MANAGER McLEMORE ADDED, "I SAY WE BRING IT BACK TO YOU WITH THAT INFORMATION." VOTE: COMMISSIONER McGINNIS: NAY COMMISSIONER MARTINEZ: NAY COMMISSIONER McLEOD: NAY DEPUTY MAYOR MILLER: NAY COMMISSIONER BLAKE: NAY MOTION DID NOT CARRY. Commissioner McLeod said to Manager McLemore, "Bring this back to us when they find out what the irrigation status is at the park." REGULAR 29. E. Community Development Department Requesting Commission Consider And Approve A Development Agreement For The State Road 434 Retail Development (A.K.A.Villagio), Located On A 9.15-Acre Tract Along The South Side Of State Road 434, Adjacent To And West Of Stone Gable. As stated earlier in this Meeting, this Agenda Item would not be discussed on this Agenda. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 27, 2003 PAGE 18 OF 23 REGULAR 30. F. Community Development Department Requests That The City Commission Consider A Proposed Policy For Interior Partitions Within The Town Center Buildings. This Policy Is Intended To Maintain The Actual Business Frontage Onto The Street, By Maintaining The View Into The Primary Areas Of The Store, In A Manner That Encourages Pedestrian Traffic. Mr. Baker introduced this Agenda Item. Discussion. "MOTION TO APPROVE ITEM 'F.'" MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. REGULAR 31. G. Community Development Department Recommends Denial Of A Request For A Variance By Neil And Michelle Staley From Sections 6-2. And 20-103. Of The City Code Of Ordinances, To Encroach 10 Feet Into The 20 Foot Rear Building Setback To Construct A Screened Porch With An Impervious Roof At The Rear Of The House. The Agenda Item was presented by Mr. Baker. "MOTION TO DENY." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY-COMMISSIONER BLAKE. DISCUSSION. VOTE: DEPUTY MAYOR MILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 27, 2003 PAGE 19 OF 23 REGULAR 32. B-1. Office Of The City Manager Requesting The City Commission To Reconsider A Decision Made On December 9, 2002 Related To, Regular Agenda Item "C" Amending The Benchmark Earnings Rate For Employee Contributions In The 'City Pension Plan From The Thirty (30) Year Treasury To The Twenty (20) Year Treasury. As stated earlier in this Meeting, this Agenda Item was pulled from this evening's Agenda as this Agenda Item "Will be discussed at our next Regular Meeting." REGULAR , 33. B-2. Office Of The City Manager Requesting The City Commission Receive Information Regarding The 30 Year Benefit Period In The Proposed Pension Resolution. Also as stated earlier in the Meeting, this Agenda Item was pulled from this evening's Agenda as this Agenda Item "Will be discussed at our next Regular Meeting." REGULAR 34. B-3. Office Of The City Manager Requesting The City Commission Receive Information Regarding The Cash-Out Provisions Of The Recommended Pension Plan Resolution And Plan Document. As stated earlier in this Meeting, this Agenda Item was also pulled from this evening's Agenda as this Agenda Item "Will be discussed at our next Regular Meeting." ADD-ON REGULAR 35. H-4. Office Of The City Manager Requesting The City Commission To Receive An Updated Report On The Financial Status Of The City's Pension Plan And To Provide Any Directive It Deems Appropriate. As stated earlier in this Meeting, this Agenda Item was pulled from this evening's Agenda as this Agenda Item "Will be discussed at our next Regular Meeting." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 27, 2003 PAGE 20 OF 23 ADD-ON REGULAR 36. H-5~ Office Of The City Manager Requesting The City Commission To Approve Section 4 Of The Proposed Rewrite Of The City's Pension Plan Providing For The Purchase Of Employee Benefits By City Employees. Again, as stated earlier in the Meeting, this Agenda Item was pulled from this evening's Agenda as this Agenda Item "Will be discussed at our next Regular Meeting." .:..:. AGENDA NOTE: THE FOLLOWING REPORTS WERE DISCUSSED IN THE ORDER AS DOCUMENTED. .:..:. REPORTS REPORTS 37. A. City Attorney - Anthony A. Garganese, Esquire No Report. REPORTS 38. B. City Manager - Ronald W. McLemore No Report. REPORTS 39. C. City Clerk - Andrea Lorenzo-Luaces City Clerk Andrea Lorenzo-Luaces brought up that the City Commission had recently agreed to have new photographs taken. With discussion, the Commission agreed to meet at City Hall on Monday, February 3,2003 at 5:45 p.m. for a photo session. Mayor Bush added, "You [Andrea Lorenzo-Luaces] will remind everybody a week ahead of time." Secondly, City Clerk Lorenzo-Luaces mentioned that problems existed at two (2) City precincts in the November 2002 Election, and asked if the City Commission desired to have anything done. With discussion, Mayor Bush stated, "Why don't we ask the - Clerk to check with the Supervisor of Elections, and see if she has made any plans to change precincts in the future - do a little bit of inquiry, and let it go at that, and see what she comes back with." " CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 27,2003 PAGE 21 OF 23 REPORTS 40. D. Commission Seat Four -- Sally McGinnis No Report. REPORTS 41. E. Commission Seat Five - David W. McLeod No Report. REPORTS 42. F. Commission Seat OnelDeputy Mayor - Robert S. Miller Deputy Mayor Miller asked Manager McLemore, "When are we going to hear back - on that seventy-five cents issue with the Greenway? Have they been in touch with you on that? Maybe you could get in touch with them and find out if they are working on it?" Manager McLemore stated, "They have not gotten the letter yet - I have had it drafted for a couple of weeks now, meaning to get with you because I want to go over the language with you to make sure that I put in there exactly what it was you were trying to do." Deputy Mayor Miller stated, "Call me tomorrow." Next, Deputy Mayor Miller spoke of the Florida Power Company and stated, "We were supposed to be getting something from them also." Manager McLemore responded that "We have had - a letter from them saying they are working on the data and will be back to us soon; they did not give a date." Deputy Mayor Miller then suggested, "Maybe you could give them a call and ask them." Manager McLemore responded, "Be happy to." Thirdly, Deputy Mayor Miller spoke of the MontWy Reports and stated, "Maybe you could ask your Staff to use a different color, because a lot of the charts come out black." Commissioner Blake offered, "When they print those, all they need to do is print it or set up the printing for a black and white printer." Next, Deputy Mayor Miller said, "I would like the City Manager to bring this back as an Informational Item and then possibly get the Commission to agree to send in a Resolution on this - there is ,a 'group out there - defending the Bill of Rights and Civil Liberties in the United States," Deputy Mayor Miller continued, "I would like the City Manager to review this and maybe bring it back after Counsel takes a look at it to make sure we are not violating the Patriot Act." Deputy Mayor Miller added, "I would like us to send in such a Resolution." .:..:. AGENDA NOTE: THE FOLLOWING REPORT WAS GIVEN NEXT, AS DOCUMENTED. .:. .:. ." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 27,,2003 PAGE 22 OF 23 REPORTS REPORTS 41. E. Commission Seat Five - David W. McLeod Commissioner McLeod asked Manager McLemore, "When do you plan to bring your pay back to us for discussion?" Manager McLemore stated, "I was actually wanting to do that - I wanted to get this Pension issue settled first. That is the only reason I've been holding it back." Mayor Bush added, '''And the Pension issues will be on the next Agenda - next Meeting." .:. .:. AGENDA NOTE: THE REMAINDER ,OF REPORTS WERE THEN DISCUSSED AS DOCUMENTED. .:. .:. REPORTS REPORTS 43. G. Commission Seat Two - Michael S. Blake Commissioner Blake said he would check his notes regarding earlier discussion points he recently had with Manager McLemore, ' Next, Commissioner Blake stated, "I had asked, probably six (6) months ago, a question about requiring any provider of utilities to underground utilities as well as, not just local utilities - currently I know in Tuscawilla, any utilities have to be underground, but the replacement of transmission lines, in particular, or any upgrades of transmission lines - have we done any work on whether or not we have the ability to require that, and if so, how?" Attorney Garganese said, "Yes, we have done some research on it." Attorney Garganese added, "I am going to have a Memo sent to the Commission, you will probably get it- at the end of this week." Commissioner Blake added, "If there is some way that we could minimize it ultimately, I think it would be wonderful to get it all underground." , REPORTS 44. H. Commission Seat Three - Edward Martinez, Jr. Commissioner Martinez asked Manager McLemore, "Anything new on the Fireman's Contract?" Manager McLemore responded by saying, "We did meet last week, and had some very firm proposals, counter proposals on the table; and we are - waiting to hear back from the Union." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 27, 2003 PAGE 23 OF 23 REPORTS 45. I. Office Of The Mayor - John F. Bush Mayor Bush stated, "I think it is imperative that we try to get our Agenda into the [Orlando] Sentinel on time, so that it gets published." , Secondly, Mayor Bush said, "I have looked through the records - the last couple of years and I have not found where the Commission has set any goals or objectives for itself, and I think with getting ready to do the Budget - how can you set a Budget if you don't know what you want to do? And I am asking the Commission if they might not want to consider a special Workshop - where possibly we could bring in someone like Marilyn Crotty who works with the League of Cities to work with the Commission to set some goals for this coming year; so that when we do the Budget process, we can construct the Budget in line with the goals." Mayor Bush added, "I would like the Commission to think about that, and we will bring it up again." Thirdly, Mayor Bush advised the Commission that in a recent Memorandum, I said that "When we do the Budget for this coming year - especially on the one cent gas tax, that you would direct the City Manager to come back with a proposal on deceleration lanes on [State Road] 434 in priority of terms of the number of cars that would use them, and the danger - of the traffic." Mayor Bush referenced Stone Gable, Winding Hollow, and Tuscora Drive as possible locations. ADJOURNMENT Mayor Bush adjourned the Meeting at 9:30 p.m. ORENZO-LUACES, CMC LERK NOTE: These Minutes were approved at the February 10, 2003 Regular City Commission Meeting,