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HomeMy WebLinkAbout2003 04 14 Regular K Boat Dock Regulations COMMISSION AGENDA ITEM K Consent Informational Public Hearing Regular X April 14, 2003 Meeting ~ J/j/ Mgr. / Dept. Authorization REQUEST: The Community Development Department requests the City Commission provide direction regarding the status of the boat dock regulations. PURPOSE: The purpose of this agenda item is to advise the City Commission of the status ofthe agreement with Breedlove Dennis & Associates to draft boat dock regulations for the City and ask direction in light ofthe March 10, 2003, City Commission vote to not schedule a workshop and gain direction from the full City Commission. CONSIDERATIONS: On October 14, 2002, the City Commission approved a proposal by Breedlove, Dennis & Associates (BDA) to draft boat dock regulations for the City. The proposal divided the project into 5 tasks. Task number 1 is a review of existing ordinances, at an estimated cost of $2,500. Task number 2 is to conduct a workshop, at an estimated cost of $500. Task number 3 is to prepare the proposed ordinance, at an estimated cost of $1 ,500. Task number 4 is the first City Commission meeting hearing (first reading), at an estimated cost of$l,OOO. Task number 5 is the second City Commission meeting for final adoption of the ordinance, at an estimated cost of $1,000. 1 April 14, 2003 REGULAR AGENDA ITEM K Page 2 Staff sent BDA the attached letter with an executed copy of the proposal and a copy of the City's purchase order. This information was been received by BDA, which submitted 2 invoices for research totaling about $2,500 (pursuant to the contract). The contract states that the City will pay BDA as much as, but not more than, $6,200 (without prior authorization from the City) for the total product. Regular Item "F" of the March 1 0, 2003, City Commission agenda requested the City Commission set at date for a boat dock regulation workshop. One Commissioner was absent from that meeting and the Mayor voted, breaking what otherwise would have been a tie vote. The March 10,2003, vote to not schedule a workshop compelled staff to notify BDA to cease work on the project. Staff believes there are 2 primary alternatives for the City Commission to consider: (1) terminate the current work on the ordinance or (2) allow the consultants complete the ordinance. STAFF RECOMMENDATION: Staff recommends that the City Commission, when the full Commission is present, direct staff how to proceed with the BDA boat dock agreement. ATTACHMENTS: Attachment A October 14,2002, Minutes Attachment B March 10, 2003, Minutes COMMISSION ACTION: 2 ~ -- ~ ATTACHMENT A CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 14,2002 PAGE 18 OF 24 "I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE THE SKETCH ON THE SCREEN WITH THE LIGHTING BEING MOVED DOWN TO THE GROUND, SHOOTING UP TO THE SIGN." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER MILLER: NAY COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR GENNELL: NAY MAYOR PARTYKA: AYE MOTION CARRIED. Mayor Partyka commented that "To be consistent with the script - you seethe script styling in what we use and all that - you have got the block versus the script on the side, maybe you can do that, and be a little bit more consistent." Mr. Baker stated, "Doesn't she need to come back with a Special Exception?" With discussion, Manager McLemore remarked, "Bring this one back as a Special Exception." Furthermore, regarding the signage Manager McLemore said, "I think we need to look further in that Ordinance - we will deal with it. If it is allowable, we'll tell you. If it's not, we'll bring it back with a Special Exception." REGULAR E. Community Development Department Requests The City Commission Reconsider Information About Boat Docks. This Agenda Item was introduced by Mr. Baker with findings on the number of possible lots for boat docks. With discussion, Commissioner Miller stated, "I would like see us look to making this - issue more restrictive than it is currently by the St. John's River Water Management District. " Tape 3/Side A Further discussion. "I WOULD LIKE TO MAKE A MOTION THAT THE CITY MANAGER CONTACT THIS ORGANIZATION - BREEDLOVE [BREEDLOVE, DENNIS & ASSOCIATES, INC.] - ARRANGE A SCHEDULE FOR THEM TO COME BEFORE US AND RUN US THROUGH THE PROCESS - I WOULD LIKE TO APPROVE ITEM 'E' FOR CONSULTANT SERVICES." MOTION BY COMMISSIONER MILLER. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 14,2002 PAGE 190F24 VOTE: COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: NAY COMMISSIONER MARTINEZ: AYE DEPUTYMAYORGENNELL: AYE MOTION CARRIED. REGULAR F. Office Of The City Clerk Requests That Commissioner David W. McLeod Make An Appointment To Replace A Member Of The Board Of Adjustment Who Was Removed From Serving On This Board As A Result Of Exceeding The Permitted Number Of Absences, In Accordance With The Code Of Ordinances. Mayor Partyka stated, "Commissioner McLeod is not here, so we will just postpone that until he gets back." REGULAR H. Office Of The City Manager Requesting That The City Commission Authorize The City Manager To Explore Discussions With The Wincey Family Regarding The Acquisition Of Their Property Located Next To Central Winds Park. Manager McLemore and Mr. Pula presented this Agenda Item. A plan of the Central Winds Park area was shown to the City Commission, and discussion followed. Much discussion. "I WILL MOVE TO APPROVE ITEM 'H.'" MOTION BY DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: DEPUTY MAYOR GENNELL: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: NAY COMMISSIONER BLAKE: NAY MAYOR PARTYKA: AYE MOTION CARRIED. ATTACHMENT B CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 10, 2003 PAGE 160F20 Commissioner Blake pointed out 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- DRAFTED." 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 of the 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 DEPUTY MAYOR MILLER: 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 Board/Local 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.