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HomeMy WebLinkAbout2003 03 24 Consent I Unapproved Minutes from the March 10, 2003 City Commission Regular Meeting COMMISSION AGENDA ITEM I Consent X Informational Public Hearings Regular March 24. 2003 Regular Meeting Mgr. / Dept. Authorization CONSENT I. Office Of The City Clerk Approval Of The March 10, 2003 City Commission Regular Meeting Minutes. "\ ~. J CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING MARCH 10, 2003 CALL TO ORDER The Regular Meeting of Monday, March 10, 2003 of the City Commission was called to order by Mayor John F. Bush at 6:32 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Mayor John F. Bush, present Deputy Mayor Robert S. Miller, present Commissioner Michael S. Blake, present Commissioner Edward Martinez, Jr., absent Commissioner Sally McGinnis, present Commissioner David W. McLeod, present City Manager Ronald W. McLemore, present City Attorney Anthony A. Garganese, arrived at 6:36 p.m. After a moment of silence, the Pledge of Allegiance was recited. AWARDS AND PRESENTATIONS A WARDS AND PRESENT A nONS 1. A. Office Of The City Manager Presentation Of Recognition Certificates. City Manager Ronald W. McLemore presented a "Certificate of Completion". for the 2003 Institute for Elected Municipal Officials to Mayor Bush and Commissioner Sally McGinnis. City Attorney Anthony A. Garganese arrived at 6:36 p.m. .:..:. PUBLIC INPUT WAS HEARD NEXT, AS DOCUMENTED. .:..:. PUBLIC INPUT Mr. Bill Ford, 101 Seville Chase Drive, Winter Springs, Florida: addressed the proposed paving of Fisher Road; and excessive dust and speeding on Fisher Road. Mr. Ford asked about the delays in this project. ~ ~ ~ ~ ~ ~ C9J . CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 10, 2003 PAGE 2 OF 20 Mr. Kipton D. Lockcuff, P.E., Public Works Department Director addressed this matter and spoke of stonnwater challenges. Mayor Bush said to Mr. Lockcuff, "Can you keep Mr. Ford informed of the progress?" Furthermore, Mayor Bush suggested that Mr. Ford could "Meet with Kip (Mr. Lockcuff) some other time." Mr. MJ. Soileau, 100 Tuskawilla Road, Winter Springs, Florida: commented on the proposed Borrow Pit being a commercial landfill and asked that that project not be approved. Ms. Diane Sandquist, 1390 Augusta National Boulevard, Winter Springs, Florida: speaking as the official representative of the Country Club Village Board, Ms. Sandquist remarked about the Country Club Village Maintenance District and registered her opposition to the proposed changes. Ms. Jacquelyn Clement, 1388 Augusta National Boulevard, Winter Springs, Florida: noted her agreement with Ms. Sandquist's comments. Ms. Helen Baker, 1182 Winged Foot Circle East, Winter Springs, Florida: also spoke of her opposition to the proposed changes related to the Country Club Village Maintenance District. Mr. Bill Christie, 3520 Wild Eagle Run, Oviedo, Florida: as the President of the Central Florida United Soccer Club, Mr. Christie spoke of recent problems this past weekend related to referees, and explained that the problems have since been clarified and resolved. Ms. Joanne Krebs 1002 Taproot Drive, Winter Springs, Florida: commented on recent successes of the Winter Springs Hunnybears Dance Team, and suggested that their accomplishments could be noted in the City's newsletter and that she could provide a press release and photographs. Additionally, Ms. Krebs spoke of the excessive weeds in the entranceway to the Oak Forest subdivision, and asked that this situation be resolved. Mr. Mervin Warner, 673 Keuka Court, Winter Springs, Florida: as the President of the Tuscawilla Homeowner's Association, Mr. Warner spoke of the numerous calls he has received about the Country Club Village Maintenance District and asked that the City Commission honor what the homeowner's are asking for. Ms. Angela Martin, 420 North Hawthorn Circle, Winter Springs, Florida: commented on recent problems with soccer goals and referees. Ms. Judy Benson, 1212 Orange Avenue, Winter Springs, Florida: remarked about the Borrow Pit and suggested possible changes be added to the Development Agreement. ~ ~ ~ ~ ~ ~ ~ ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 10, 2003 PAGE 3 OF 20 Ms. Wafa Rumman-Khoury, 1189 Newton Court, Winter Springs, Florida: inquired about plans for a Library in the City of Winter Springs. .:..:. THE FOLLOWING AGENDA ITEM WAS DISCUSSED NEXT, FOLLOWED BY THE CONSENT AGENDA, AS DOCUMENTED. .:. .:. AWARDS AND PRESENTATIONS ADD-ON AWARDS AND PRESENTATIONS 36. A. Office Of The City Manager Presentation By Mr. Dick Wells, Community Development Department Director, City Of Casselberry, Regarding The Race Track Property Development. Mr. Dick Wells, Community Development Department Director, City Of Casselberry, 95 Triplet Lake Drive, Casselberry, Florida: presented renderings and spoke of the proposed plans for the race track property. CONSENT CONSENT 2. A. Finance Department Requesting That The City Commission Approve Government Services Group, Inc. (GSG) Contracts For Oak Forest And Tuscawilla Lighting And Beautification District's Annual Administrative Assessment Services In The Amount Of $11,000.00 Each For FY 03-04. Tape I/Side B CONSENT 3. B. Finance Department Requests The City Commission Make A Binding Decision Regarding The Alpert's Stormwater Bill Appeal. Discussion ensued with Ms. Louise Frangoul, Finance Department Director. Commissioner Michael S. Blake stated, "I would like to request this be taken off the Consent Agenda for separate consideration - under the Regular Agenda." ~ ~ ~ ~ ~ ~ ~ ~ ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 10, 2003 PAGE 4 OF 20 CONSENT 4. C. Finance Department Recommends That The City Commission Designate McDirmit Davis As The Cities Auditors For The FY 03 Audit. CONSENT S. D. Office Of The City Clerk Respectfully Requesting The City Commission Review, And Approve Acceptance Of An Intergovernmental Agreement Related To Elections. Deputy Mayor Robert S. Miller said, "I think we should Table this to the next Meeting." Commissioner Blake added, "We should move it to the Regular Agenda and then we can - Table this." CONSENT 6. E. Utility Department Requesting Authorization To Purchase One (1) Service Truck By Piggybacking Off Of Seminole County Bid Number A/B-340/JVP. CONSENT 7. F. Utility Department Requesting Authorization To Purchase One (1) Sterling Dump Truck By Piggybacking Off Of The State Contract Bid Number 070-700-230 (8D). CONSENT 8. G. Parks And Recreation Department Requests The City Commission's Approval To Conduct Its 2003 Summer Day Camp Program At The Church Of The New Covenant Facilities And Authorize The City Manager To Execute An Agreement With Them. . CONSENT 9. H. Parks And Recreation Department Requesting The City Commission To Authorize The City Manager To Execute The Florida Department Of Environmental Protection, Land And Water Conservation Fund Program, Project Grant Agreement For The Acquisition Of The Central Winds Park Expansion Property (Parker Property). ~ ~ ~ ~..~ ~ ~ ~ C8J i' CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 10, 2003 PAGE 5 OF 20 CONSENT 10. I. Office Of The City Clerk Approval Of The February 24, 2003 City Commission Regular Meeting Minutes. CONSENT 11. J. Police Department Police Department Requesting Commission Approval For Expenditure Of Funds To Replace A Police Vehicle Involved In Traffic Accident On March 2, 2003. "I MAKE A MOTION TO APPROVE THE CONSENT AGENDA LESS ITEMS 'B' AND 'D.'" MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR MILLER. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE DEPUTYMAYORMILLER: AYE MOTION CARRIED. INFORMATIONAL INFORMATIONAL 12. A. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. INFORMATIONAL 13. B. Finance Department Wishes To Inform The City Commission About The Status Of The FY 02 Audit, Financial Statements And Preliminary Results Of Operations. Brief discussion. "MOTION TO APPROVE INFORMATIONAL AGENDA." MOTION BY COMMISSIONER BLAKE. SECONDED. DISCUSSION. ~ ~ ~ ~ ~ ~ ~ ~"" ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 10, 2003 PAGE 6 OF 20 VOTE: DEPUTYMAYORMILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. PUBLIC HEARINGS PUBLIC HEARINGS 14. A. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For First Reading Of Ordinance 2003-03 To Rezone A 12,574 Square Foot Tract, Located On The Northwest Corner Of Highway 434 And Wade Street, From (City) R-1 "One-Family Dwelling" To C-1 "Neighborhood Commercial". Mayor Bush stated, "Could I have a Motion to read by 'Title' only?" "SO MOVED." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: COMMISSIONERBLAKE: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. Ms. Eloise Sahlstrom, AICP, ASLA, Senior Planner, Community Development Department presented her introductory comments on this Agenda Item. Mayor Bush opened the "Public Hearing" portion of this Agenda Item. No one spoke. The "Public Hearing" portion of this Agenda Item was closed. With discussion, Deputy Mayor Miller suggested, "I think you need to bring back to us at some point in the near future, the separation requirements for Residential and C-l." Mayor Bush then said to Manager McLemore, "On these commercial properties on [State Road] 434, do they have a wall as required for separation from Commercial and Residential, just for the Commission's information in the future." ~ ~ ~ ~ ~ ~ ~ ~,"" ~ CITV OF WINTER SPRINGS MINUTES CITV COMMISSION REGULAR MEETING - MARCH 10, 2003 PAGE 7 OF 20 Commissioner Blake inquired of Ms. Sahlstrom, "Did we send out Registered Mail notice to the surrounding parcels?" Commissioner Blake added, "We have had a variety of voluntary Rezonings where we require surrounding property owners to be noticed, especially when you are talking about Rezoning a residential parcel to C-l 'Commercial. ,,, Commissioner Blake then asked Manager McLemore, "In the past Ron [McLemore], haven't we had a process whereby even in a Voluntary application like this, that we require notification of at least the adjacent property owners and sometimes even a little further out?" Manager McLemore responded, "I would have to go back and read the policy you established." Commissioner Blake added, "Well if we could check up on that, just to be sure whatever the case may be." "I WOULD LIKE TO MAKE A MOTION THAT WE MOVE THIS TO THE SECOND READING, ORDINANCE NUMBER 2003-03, AND CHANGE THE ZONING CLASSIFICATION ON THE SUBJECT PROPERTY AT 680 EAST STATE ROAD 434 FROM R-l TO C-l 'NEIGHBORHOOD COMMERCIAL' AND ALSO RECOMMEND THAT IT INCORPORATES THE CITY STAFF'S AND PLANNING AND ZONING BOARD'S FINDINGS AS THE BASIS TO MOVE IT FORWARD ON ADOPTION." MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR MILLER: AYE MOTION CARRIED. Mayor Bush inquired, "What will be the date?" Ms Salhstrom responded, "It will be at the next Meeting." PUBLIC HEARINGS 15. B. Office Of The City Manager Requests The City Commission Consider For First Reading Of Ordinance Number 2003-02, Which Repeals Ordinance Number 545 And Dissolves The Tuscawilla Country 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. ~ ~ ~ ~ ~ ~ ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 10,2003 PAGE 8 OF 20 "MOTION TO READ [ORDINANCE] 2003-02 BY 'TITLE' ONLY." MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR MILLER. DISCUSSION. VOTE: DEPUTY MAYOR MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: NAY COMMISSIONER McGINNIS: NAY MOTION DID NOT CARRY. Attorney Garganese read the Ordinance in its entirety. Ms. Frangoul introduced this Agenda Item and reviewed the numerous tasks that the City is required to have completed for compliance. Mayor Bush opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. Deputy Mayor Miller remarked that "If we are not billing them the appropriate amount, then we probably should be, so what I would suggest is that we do it one (1) more year, and do it on the basis that if you are doing all these things and it is not being costed, then cost it." Discussion. Tape 2/Side A Commissioner Blake suggested, "What I would like to have done would for us to Table this Item at this point in time, and at the same time, direct the City Manager to have Staff communicate effectively this time with the property owners, and it can be done either directly by the City or through the Homeowner's Association - as long as we make sure that everybody has been touched and let them know what the situation is. As part of that communication, I think that they need to know exactly what it will cost - close to what the real cost of administering this District is to the City and to know that that full direct cost must be passed through to the District." ~ ~ ~ ~ €~ ~ ~"",,',,," ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 10, 2003 PAGE 9 OF 20 Furthermore, Commissioner Blake said, "I think we need to take a couple of months on this and make sure that we communicate it to them. 1 am not interested in retaining this District. " Discussion. Ms. Diane Sandquist, 1390 Augusta National Boulevard, Winter Springs, Florida: commented on what notification had been made. Further discussion ensued on who had requested the proposed changes, and the considerations noted in the Agenda packets. Commissioner David W. McLeod suggested that "We need to give the Homeowner's Association some time to - look at it, be able to get with the Finance Department, see what this cost is." Commissioner McLeod added that he would be in favor of "Having the Homeowner's Association have an opportunity to look at it, and also be able to come back and present their side of their Finding's as well as the City's Finding's." Manager McLemore suggested that this be Tabled to a date certain. "MOTION TO POSTPONE THIS ITEM UNTIL THE SECOND MEETING IN APRIL 2003." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE DEPUTYMAYORMILLER: AYE MOTION CARRIED. Commissioner McGinnis left the dais at 8:15 p.m. .:. .:. THE FOLLOWING AGENDA ITEM WAS ADDRESSED NEXT AS DOCUMENTED. .:. .:. ~ ~," ~ ~ ~ ~ ~ ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 10,2003 PAGE 10 OF 20 REGULAR REGULAR 21. E. Office Of The City Manager Requesting The City Commission To Approve A Revised Development Agreement With Chanh Nguyen Related To Repairs Of A Borrow Pit Located On A 4.42 Acre Site North Of Winter Springs High School. Mr. George B. Wallace, Esquire, 700 West First Street, Sanford, Florida: stated, "I wondered if we could Table Item 21 for two (2) weeks." "I WOULD LIKE TO MAKE A MOTION WE TABLE THE DEVELOPER'S AGREEMENT, ITEM 21, FOR THE BORROW PIT - FOR TWO (2) WEEKS." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: DEPUTYMAYORMILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: ABSENT FOR VOTE MOTION CARRIED. Mayor Bush called a recess at 8:17 p.m. The Meeting reconvened at 9:16 p.m. .:..:. THE FOLLOWING AGENDA ITEMS THAT WERE REMOVED FROM THE CONSENT AGENDA EARLIER IN THE MEETING WERE ADDRESSED NEXT, AS NOTED. .:..:. REGULAR (FORMERLY LISTED ON THE CONSENT AGENDA AS CONSENT AGENDA ITEM "D") Finance Department Requests The City Commission Make A Binding Decision Regarding The Alpert's Stormwater Bili Appeal. "I WOULD LIKE TO MAKE A MOTION THAT WE POSTPONE THIS ITEM FOR THE FIRST MEETING IN APRIL AND ASK STAFF TO BRING US BACK A DISCUSSION OF A POLICY ON UNBILLED UTILITY FEES." MOTION BY COMMISSIONER BLAKE. SECONDED. DISCUSSION. ~ ~ ~ ~ cs:,,:~ ~,., ~ ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 10,2003 PAGE 11 OF20 VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR MILLER: AYE MOTION CARRIED. (FORMERLY LISTED ON THE CONSENT AGENDA AS CONSENT AGENDA ITEM "D") Office Of The City Clerk Respectfully Requesting The City Commission Review, And Approve Acceptance Of An Intergovernmental Agreement Related To Elections. "I MAKE A MOTION TO POSTPONE THIS ITEM FOR TWO (2) WEEKS REQUIRING STAFF TO BRING US BACK THE REVISED AGREEMENT INCORPORATING THE RECOMMENDED LANGUAGE FROM THE CITY ATTORNEY." MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR MILLER. DISCUSSION. VOTE: DEPUTY MAYOR MILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. .:. .:. THE FOLLOWING PUBLIC HEARINGS AGENDA ITEM WAS HEARD NEXT, FOLLOWED BY THE REGULAR AGENDA, AS NOTED. .:..:. PUBLIC HEARINGS PUBLIC HEARINGS 16. C. Office Of The City Manager Requesting The City Commission To Approve The First Reading Of Ordinance Number 2003-04, Repealing Certain Sections Of Chapter Nine (9) Of The City Code Related To Impact Fees, Amending Police And Fire Impact Fees, And Establishing A New Parks Impact Fee. Mayor Bush stated, "Let's have a Motion to read by 'Title' only." Manager McLemore introduced this Agenda Item and presented a document with updated information to the City Commission. Discussion ensued. ~ ~ ~ ~ ~ ~ ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 10, 2003 PAGE 12 OF20 Commissioner Blake stated, "Point of Order " and spoke of the Tabled Agenda Item. Mayor Bush stated, "Do we have a Motion to take it off the Table?" "MOTION TO TAKE IT OFF." MOTION BY DEPUTY MAYOR MILLER. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER McLEOD: NAY DEPUTYMAYORMILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: NAY MAYOR BUSH: NAY MOTION DID NOT CARRY. REGULAR REGULAR 17. A. Office Of The City Manager Requesting The Commission Approve Moving Forward With A Current Refunding Of The City's 1993 Revenue Refunding Bonds In 2003 And Select Gardnyr Capital As The Lead Underwriter For The Refunding Issue. With discussion, Commissioner Blake stated, "I think we should stay in line at this point in time, and look at revisiting who our chosen Underwriters ought to be, say in the next year and a half or so." Further discussion. Ms. Rebecca Peterson, Consultant, Public Financial Management, 201 South Orange Avenue, Suite 720, Orlando, Florida: addressed this Agenda Item with Members of the City Commission and Manager McLemore. Discussion. ~,"",.' ~ ~"",':~ ~ ~ ~ ~ ~ ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 10,2003 PAGE 13 OF 20 "I WOULD LIKE TO MAKE A MOTION THAT WE AUTHORIZE THE CITY MANAGER AND LEGAL COUNSEL TO BEGIN THE PROCESS OF WORKING ON THE REFUNDING OF THE 1993 - REFUNDING OF THE IMPROVEMENT REFUNDING REVENUE BOND SERIES 1993 UTILIZING THE NEXT LEAD UNDERWRITER IN ROTATION WHICH I HAVE BEEN TOLD IS WILLIAM R. HOUGH [& CO.] - AS THE SENIOR, WITH HANIFEN IMHOFF [DIVISION - STIFEL, NICOLAUS & COMPANY, INCORPORATED] AND GARDNYR MICHAEL [CAPITAL, INC.] AS THE CO-UNDERWRITERS." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. MANAGER McLEMORE STATED, "I WOULD LIKE TO GO BACK AND READ THAT - WHAT YOU ADOPTED AND SEE IF IT PROVIDED FOR TIDS TYPE OF THING." FURTHER, MANAGER McLEMORE SAID, "WE WOULD GO FORWARD WITH WHAT YOU ARE SAYING. IF I FIND IT DIFFERENT, I WILL BRING IT BACK TO YOU." VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR MILLER: AYE MOTION CARRIED. REGULAR 18. B. Community Development Department Presents A Request For Variances By James And Adele Kelsay From Sections 6-2., 20-103., And 20-186. Of The City Code Of Ordinances, To Allow The Kelsays To Care For Ms. Kelsay's Grandmother. The Variances Would (A) Allow The Existing House To Remain Encroaching Approximately 2 Feet Into The 25 Foot Front Yard And (B) Encroach 10 Feet Into The 25 Foot Rear Building Setback To Construct An Additional Bedroom On The Concrete Slab Where An Existing Screened Porch With An Impervious Roof Is Located At The Rear Of The House. An Alternative Location For The New Addition, One Which Would Encroach Only 2 Feet Into The Rear Building Setback, Is Also Addressed. Mr. John Baker, AICP, Current Planning Coordinator, Community Development Department presented his opening comments. Discussion. ~,"" ~ ~ ~ ~ ~ ~"," ~1 ~, ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 10, 2003 PAGE 14 OF 20 Tape 2/Side B Ms. Adele Kelsay, 200 Birch Terrace, Winter Springs, Florida: addressed the City Commission about this issue and advised those in attendance that she had notified all of her neighbors. Discussion ensued on the six (6) criteria. MOTION THAT STAFF WORK WITH - "THE HOMEOWNER TO PUT THE ROOM ON THE BACK WHERE THE LADY ORIGINALLY WANTED TO PLACE IT." MOTION BY DEPUTY MAYOR MILLER. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. DEPUTY MAYOR MILLER STATED, "POINT OF CLARIFICATION, "I ASSUME IT IS GOING TO CONFORM TO THE SLAB BACK THERE - IT IS NOT GOING TO EXCEED THAT SLAB - EXCEPT IN THE CORNER MAYBE, RIGHT?" MS. KELSAY STATED, "YES." DEPUTY MAYOR MILLER ADDED, "IT IS NOT GOING FURTHER BACK?" MS. KELSAY RESPONDED, "NO, SIR." VOTE: DEPUTYMAYORMILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: NAY COMMISSIONER McLEOD: AYE MOTION CARRIED. REGULAR 19. C. Community Development Department Recommends Approval Of A Request For A Conditional Use Within The City Of Winter Springs C-2 District, To Allow A Tattoo And Body Piercing Business At 883 And 885 North Highway 17-92. Ms. Sahlstrom said to the Commission, "I would like to request this Item be tabled, until I can obtain the withdrawl from the applicant, that I understand may be forthcoming." MOTION TO TABLE. MOTION. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER BLAKE: NAY COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE DEPUTYMAYORMILLER: AYE MOTION CARRIED. ~ ~ ~ ~ ~ = ~,""'" ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 10, 2003 PAGE 15 OF 20 REGULAR 20. D. Community Development Department Recommends Approval For Final Engineering For M.A. Garcia's RoadwaylDriveway Relocation. Mr. Baker introduced this Agenda Item. Brief discussion. "I WOULD LIKE TO GO AHEAD AND MOVE THIS." 'MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER McLEOD: AYE DEPUTYMAYORMILLER: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. REGULAR 22. F. Community Development Department Requests The City Commission Approve The Development Agreement And Final Development/Engineering Plans For The Proposed Tuskawilla Trails Phase II Subdivision (An Expansion Of The Existing Mobile Home Community). Mr. Baker explained this Agenda Item and stated, "We recommend approval of the Development Agreement with the exception of some of the Arbor issues." Mr. Michael Mingea, ArboristlEnvironmental Inspector, Community Development Department commented on arbor permits and replacement trees. A document with calculations was then provided to the City Commission. Discussion. Mr. John B. Webb, P.E., John B. Webb & Associates, Inc., 925 South Denning Drive, Winter Park, Florida: as the Civil Engineer for this project, Mr. Webb commented on the Development Agreement. Further discussion. ~ ~ ~ ~ ~ ~ ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 10, 2003 PAGE 16 OF 20 Commissioner Blake pointed but that "In this particular Agreement and on this particular project, there hasn't been any request to utilize tree credits from a portion of the property that is going to be placed in conservation where the trees aren't going to be taken down." Discussion. "I WOULD LIKE TO GO AHEAD AND MAKE A MOTION THAT WE APPROVE THE DEVELOPMENT AGREEMENT AND THE FINAL DEVELOPMENT ENGINEERING PLANS FOR TUSCA WILLA TRAILS - PHASE II SUBDIVISION." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. ATTORNEY GARGANESE SAID THAT HE HAD CONCERNS, "PARTICULARLY SUB PARAGRPH 'm)' REGARDING THE APPLICATION OF THE ARBOR ORDINANCE." Tape 3/Side A ATTORNEY GARGANESE ADDED, "THIS AGREEMENT DOESN'T PROTECT THE CITY'S INTEREST IN MY OPINION. IT NEEDS TO BE RE- DRAFfED." THE CITY CLERK WAS ASKED TO RESTATE THE MOTION, AND DID. VOTE: .COMMISSIONER BLAKE: NAY COMMISSIONER McGINNIS: NAY DEPUTYMAYORMILLER: NAY COMMISSIONER McLEOD: NAY MOTION DID NOT CARRY. Attorney Garganese said, "Let me make a recommendation that we just go back and look at this Arbor Ordinance provision, and the information that Staff has provided and work out the appropriate language and bring it back to you at the next Meeting." Commissioner Blake said, "In the future, I would hope that when we get an Agenda Item, it is ready to go, when we get it." REGULAR 23. G. Community Development Department Requests That The City Commission Schedule A Workshop To Discuss The Need For Changes To The Code Of Ordinances Related To Boat Docks. A Workshop was suggested for 5:00 p.m., prior to the beginning ofthe second Meeting in April. ~ ~ ~ ~ ~ ~ ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 10, 2003 PAGE 170F20 With discussion on Boat Docks, Mayor Bush asked, "Why not just have Staff put together some recommendations rather than having a Workshop." "I MAKE A MOTION THAT - NO, I DO NOT WANT A WORKSHOP. THIS HAS BEEN BEFORE US - AND VOTED DOWN." MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: NAY DEPUTYMAYORMILLER: NAY COMMISSIONER BLAKE: AYE MAYOR BUSH: AYE MOTION CARRIED. REGULAR 24. H. Office Of The City Clerk Requests That Commissioner Robert S. Miller Make An Appointment To The Beautification Of Winter Springs Board To Replace Mr. William H. Poe Who Resigned On January 27, 2003 As A Result Of Being Appointed To The Planning And Zoning BoardlLocal Planning Agency. "I WOULD LIKE TO NOMINATE DICK CRENSHAW." MOTION BY DEPUTY MAYOR MILLER. SECONDED. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE DEPUTYMAYORMILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. REGULAR 25. I. Community Development Department Requests That The City Commission Consider Signs Proposed For Within The JDC Calhoun Town Center Site. Ms. Salhstrom introduced this Agenda Item and presented renderings of the proposed slgnage. ~ ~ ~ ~ ~ ~ ~ ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 10,2003 PAGE 18 OF 20 With discussion, Ms. Salhstrom noted that the length of the proposed signage "Cannot be longer than ten feet (10')." Deputy Mayor Miller stated "Point of Order " and commented that it was after 11 p.m. Deputy Mayor Miller suggested that "We concur with Staffs recommendation and make the 'Subway' - on the 45 degree there, one foot (1') high, instead of two foot (2') high." Discussion. "I WOULD MAKE A MOTION THAT WE ACCEPT STAFF'S RECOMMENDATION TO MAKE THAT SIGN ON THE CORNER THERE ONE FOOT (1') IDGH, IN PROPORTION, AND THE LENGTH AS SHE HAS POINTED OUT." MOTION BY DEPUTY MAYOR MILLER. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR MILLER: AYE MOTION ,CARRIED. Attorney Garganese stated, "Point of Order" and spoke of extending the Meeting by a "Super majority vote. " Mayor Bush asked, "Do I have a Motion to extend the Meeting?" "I MOVE." MOTION BY COMMISSIONER McGINNIS. SECONDED. DISCUSSION. COMMISSIONER BLAKE STATED, "ARE WE DONE WITH THIS ITEM? ONE (1) ITEM - ONE (1) QUESTION PASSED. WE NEVER ADDRESSED THE ISSUE OF THE ADDITIONAL SIGN ON [STATE ROAD] 434. " VOTE: DEPUTY MAYOR MILLER: NAY COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: NAY COMMISSIONER McGINNIS: AYE MOTION DID NOT CARRY. ~ ~ ~".'.".,'. . ). ~ ~ ~ ~ ~ ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 10,2003 PAGE 190F20 ADJOURNMENT Mayor Bush adjourned the Meeting at 11: 16 p.m. .:..:. THE FOLLOWING ITEMS WERE NOT DISCUSSED DURING THIS 'MEETING. .:..:. REGULAR 26. J. Office Of The City Manager Requesting The Commission To Authorize The City Manager To Enter Into A Contract With LDI, Inc. To Prepare A General Office Facility And Information Systems Equipment Impact Fee Ordinance And To Authorize A Supplemental Appropriation From General Fund Reserves To Pay For Same In The Amount Of $5,400.00. REPORTS REPORTS 27. A. City Attorney - Anthony A. Garganese, Esquire REPORTS 28. B. City Manager - Ronald W. McLemore REPORTS 29. C. City Clerk - Andrea Lorenzo-Luaces REPORTS 30. D. Commission Seat Two - Michael S. Blake REPORTS 31. E. Commission Seat Three - Edward Martinez, Jr. REPORTS 32. F. Commission Seat Four - Sally McGinnis REPORTS 33. G. Commission Seat Five - David W. McLeod ~ ~,' ~ ~ ~,." ~ ~ ~ ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 10. 2003 PAGE 20 OF 20 REPORTS 34. H. Commission Seat One/Deputy Mayor - Robert S. Miller REPORTS 35. I. Office Of The Mayor - John F. Bush RESPECTFULLY SUBMITTED: ANDREA LORENZO-LUACES, CMC CITY CLERK APPROVED: JOHN F. BUSH MAYOR NOTE: These Minutes were approved at the ,2003 Regular City Commission Meeting, " ~ e:; ~ ~ ~ ~ ~