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HomeMy WebLinkAbout2004 02 09 Consent 211 COMMISSION AGENDA ITE~~ 211 Consent X Informational Public Ilearings Regular February 09. 2004 Regular Meeting Mgr. / Dept. Authorization CONSENT 211. Office Of The ci~y Clerk Approval Of The January 26, 2004 City commissiolll Regular Meeting Minutes. " CITY OF WINTER SPRINGS MINUTES. CITY COMMISSION REGULAR MEETING JANUARY 26,2004 c CALL TO ORDER The Regular Meeting of Monday, January 26,2004 of the City Commission was called to order by Mayor John F. Bush at 6:30 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). r. ROLL CALL: Mayor John F. Bush, pJesent Deputy Mayor Edward Martinez, Jr., present Commissioner Robert S. Miller, present Commissioner Michael S. Blake, present Commissioner Sally McGinnis, present Commissioner David W. McLeod, present City Manager Ronald VI. McLemore, present City Attorney Anthony A. Garganese, arrived at 6:32 p.m. ! . l_c/ After a moment of silence, Mayor Bush led the Pledge of Allegiance. Under "Agenda Changes," Mayor Bush stated that the City Attorney has requested [Public Hearings Agenda Item "406"] "That this be pulled." AWARDS AND PRESENTATIONS None. PUBLIC INPUT Mr. Robert Keith, 106 Stone Gable Circle, Winter Springs, Florida: addressed Regular Agenda Item' 500', and noted this Agenda Item should be approved. City Attorney Anthony A. Garganese arrived at 6:32 p.m. Mr. Mervin Warner, 673 Keuka Court, Winter Springs, Florida: speaking on behalf of the Code Enforcement Board, Mr. Warner spoke on recent arbor issues and related fines discussed by the Code Enforcement Board. Discussion. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 26, 2004 PAGE 2 OF 30 Mr. Gerald S. Rogers. 616 Pearl Road, Winter Springs, Florida: representing the Winter Springs VFW, Mr. Rogers commented on the materials used for dumpster enclosures, and asked if they could use steel rather than the suggested aluminum. Discussion ensued on the minimum requirements and City Manager Ronald W. McLemore stated, "Those are minimum requirements to make sure you meet the wind load requirements, and I think on a case by case basis you could submit - alternate types of plans, as long as they meet the wind load characteristics. That's the way I read the rules." With further discussion, Commissioner David W. McLeod said to Manager McLemore, "Normally, they are done in the steel rather than aluminum so our drawings are a little backwards to what I normally see out there. I would suggest that we go back to whoever did the drawings for us, find out what a supplement in the comer of that drawing would take to have it be steel or aluminum." Commissioner McLeod added, "Let's find out what it would take to have the Engineer look at this and put steel on there - as an alternative. " :' . l 'J Commissioner Michael S. Blake stated, "Point of Order", and spoke on this matter being a Public Hearings Agenda Item. CONSENT AGENDA CONSENT 200. Fire Chief! Acting Risk Manager Requests That The City Commission Authorize The Execution Of A Contract For Physician Services "lith Florida Physicians Medical Group, 661 East Altamonte Drive, Suite 115, Altamonte Springs, Florida 32701. CONSENT 201. Office Of The Mayor Resolution Number 2004-04 - A Resolution Of The City Of Winter Springs, Florida, Expressing Appreciation To John Herbert For His Service On The Board Of Adjustment. CONSENT 202. Utility Department Requesting Authorization To Purchase One (1) Compact Hydraulic Excavator By Piggybacking Off Of GSA Federal Supply Contract: Number GS-30F-1001D. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 26,2004 PAGE 3 OF 30 CONSENT 203. Parks And Recreation Department Requesting The City Commission To Authorize The City Manager To Execute The Florida Department Of Environmental Protection, Land & Water Conservation Fund Program, Projject Grant Agreement For The Acquisition Of The Central Winds Park Expansion Property (Wincey Property). Commissioner Robert S. Miller said, "I would like to see Staff come back with some kind of a Presentation in the next - month or two (2) on what is being planned to be put into all this park property." Commissioner Miller added, "At least I would like to see some information brought back on that, if none of the other Commissioners are interested - I would like to see it - just give me a call whenever you have got it. I will come in and look at it." Commissioner Miller then said, "I think it might be beneficial for the whole Commission to get an Informational Item on it." Furthermore, Commissioner Miller explained, "I want to make sure I understand what is going in there, when and where and the timing." Commissioner McLeod stated, "I also would like to see how we are now laying this thing out, because I do remember there are supposed to be some practice fields on that part of it." Commissioner McLeod added that the Commission asked to buy this property so as "To extend the Park out to have some fields that the general public at large could play on." ,,--. ./ Manager McLemore stated, "The twenty-seven (27) acres has definitely been programmed and approved by this Commission as to what goes there, and - you're right, that is almost 100 percent practice area - so, we'll be happy to bring that back to you." CONSENT 204. Office Of The City Clerk Approval Of The January 12, 2004 City Commission Regular Meeting Minutes. With some opening remarks, Deputy Mayor Edward Martinez, Jr. addressed Regular Agenda Item "501" on pages 14 and 15 and related to the third Motion under Regular Agenda Item "SOT' noted on page 15, Deputy Mayor Martinez specific.ally spoke about the third Motion under this Agenda Item and said, "It doesn't show there who made the Motion or what the Motion is." Attorney Garganese stated, "You are correct, that - whoever makes the Motion should be identified in the Minutes. The "Second" should be identified in the Minu(es and then the actual Vote should be identified in the Minutes. So, I am sure the City Clerk can just insert who made that Motion." Commissioner Blake stated, "I think I made that Motion." "MOTION TO APPROVE CONSENT AGENDA - WITH CHANGES." MOTION BY DEPUTY MAYOR MARTINEZ. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER MILLER." DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 26, 2004 PAGE 4 OF 30 VOTE: COMMISSIONER McLEOD: AYE DEPUTY MAYOR MARTINEZ: AYE COMMISSIONER B:LAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE MOTION CARRIED.:, (---1 INFORMATIONAL AGENDA INFORMATIONAL 300. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. ( - " \.. -' Commissioner Miller asked about the "Moss Road Townhomes" noted on page 2 of this Agenda Item and asked "Is this going to be a Homeowner's Association type community, or not?" Commissioner Miller then said, "Would you check and get back to us on that - I would like to see this and make sure it is a Homeowner's Association." Furthermore, Commissioner Miller stated, "If this applicant does not intend to have a Homeowner's Association, I would like to get that on the Table for discussion, as soon as possible." INFORMATIONAL 301. Public Works Department Advising The City Commission On The Status Of Various Capital Improvement Projects. Commissioner Miller remarked about the "'Main Street/Hickory Grove Streetscape' - we saw the original layout for the Town Center a long time ago with conceptuals. I would like to see something brought back to us, in informational nature on this, where we are on this right now." Commissioner Miller added, "I would like to see an Informational Item on this, maybe even a brieting by Staff." Manager McLemore said to Mr. Kip Lockcuff, P.E., Public Works/Utility Department Director, "This need an Update on that anyhow." Mr. Lockcuffresponded, "Okay." Deputy Mayor Martinez said to Manager McLemore, "Why didn't you produce the Informational Item I requested at the last Meeting, which you said you would provide at this Meeting regarding Wyman Fields and the financial status"? Manager McLemore responded, "We're not ready with that yet, but we will be by your next Meeting." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 26, 2004 PAGE 5 OF 30 INFORMATIONAL 302. Utility Department Informing The City Commission On The Potable Water Usage For 2003. Deputy Mayor Martinez stated, "I just wanted to extend my congratulations to the Utility Department and especially to the residents of Winter Springs for their restraint and their use of our water." INFORMATIONAL 303. Not Used. INFORMATIONAL 304. Police Department Informing The City Commission That The Winter Springs Police ])epartment Will Be Assisting With Coordination Of The American Cancer Society Relay For Life. INFORMATIONAL 305. Finance Department Informing The Commission Of Improvements In Utility Billing. "MOTION TO APPROVE." MAYOR BUSH STATED, "WE HAVE A MOTION TO APPROVE THE INFORMATIONAL ITEMS." MOTION BY ])EPUTY MAYOR MARTINEZ. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE DEPUTY MAYOR MARTINEZ: AYE COMMISSIONER lVIcGINNIS: AYE COMMISSIONER MILLER: AYE MOTION CARRIED.:. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 400. Community D(~velopment Department - Planning Division/Planning And Zoning Board/Office of the City Attorney Requests The City Commission Hold A Public Hearing For First Reading Of Ordinance 2004-02, Establishing A New Zoning District Entitled "CC - Commerce Center". ( .. r; ~ [ . l " L_> CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 26, 2004 PAGE 6 OF 30 Mayor Bush stated, "Can we have a Motion to read by 'Title' only." "SO MOVED." MOTION BY DEPUTY MAYOR MARTINEZ. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: DEPUTY MAYOR MARTINEZ: AYE COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE MOTION CARRIEI~ Attorney Garganese read the Ordinance by "Title" only. Ms. Eloise Sahlstrom, AS LA, AICP, Senior Planner, Community Development Department briefly addressed the City Commission. Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. Deputy Mayor Martinez spoke to Attorney Garganese on Item ill ill on page 3 of 6 - "Artists:", and said, '''Artists' could develop into many, many things that may be undesirable. Should that be clarified?" Attorney Garganese responded, "We certainly can clarify that." With di.scussion, Mayor Bush stated, "Is the rest of the Commission in agreement with the Commissioner Martinez' recommendation?" Commissioner Blake stated, "I think it is a good idea." Commissioner McLeod added, "Definitely a good idea." No objections were voiced. Commissioner Blake said to Attorney Garganese, "Is there a better way to talk about the impacts of an activity and control the Zoning Districts that way." With brief discussion, Mayor Bush stated, "Since Anthony [Garganese] is going to make this one change on the "Artists:", maybe at the same time you could check into what Commissioner Blake is saying." Discussion. Further discussion. ( I I <-. ~ r, l CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 26, 2004 PAGE 7 OF 30 "MOTION TO MOVE TO SECOND READING - REMINDING THE CITY ATTORNEY OF THE SUGGESTED CHANGES BY THE COMMISSION." MOTION BY HEPUTY MAYOR MARTINEZ. SECONDED BY COMMISSIONER .MILLER. DISCUSSION. MAYOR BUSH REITERATED THE MOTION AS "MOTION BY COMMISSIONER MARTINEZ TO MOVE THIS ITEM TO SECOND READING WITH THE ATTORNEY'S ADDITIONAL WORK ON THE 'ARTISTS:' CATEGORY." ( _ 'j i ] VOTE: COMMISSIONER McGINNIS: AYE DEPUTY MAYOR MARTINEZ: AYE COMMISSIONER l\1cLEOD: AYE COMMISSIONER l\lILLER: AYE COMMISSIONER ElLAKE: AYE MOTION cARRIEn. ., ) ) ,-' . '. -- -_/ PUBLIC HEARINGS 401. Public Works Department Requests That The City Commission Consider The Second Readill1g,Of Ordinance 2004-01 Amending Chapter 19, Article V, Of The City Code Of Ordinances, Entitled Stormwater Management Utility. Attorney Garganese read the Ordinance by "Title" only. Mr. Lockcuffbriefly addressed this Agenda Item. Mayor Bush opened the "Public Input" portion of the Agenda Item. Tape lISide B No one spoke. Mayor Bush closed the "Public Input" portion afthe Agenda Item. Commissioner Blake asked Mr. Lockcuff, "Are we billing FDOT [Florida Department of Transportation] for any Stormwater Fees currently?" Mr. Lockcuff responded, "No." With discussion, Manager McLemore said, "If you will recall, we - had made several Amendments to the Utility Ordinance." Furthermore, Manager McLemore stated, "If you want us to review that, we can." Commissioner Blake remarked, "It might be helpful." "MOTION TO APROVE ITEM '401'." MOTION BY DEI)UTY MAYOR MARTINEZ. SECONDED BY COMMISSIONER MILLER. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 26, 2004 PAGE 8 OF 30 VOTE: COMMISSIONER lVnLLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR MARTINEZ: AYE MOTION CARRIED. PUBLIC HEARINGS 402. Office Of The City Attorney Requests That The City Commission Adopt On Second And Final Reading Ordinance Number 2003-43 Establishing Minimum Standards For Community Appearance And Aesthetic Review Of Land Development Projects. '1 Attorney. Garganese read the Ordinance by "Title" only. I . , . l__ ~.1 . i Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. "I MAKE A MOTION THAT WE APPROVE THE ORDINANCE" - PUBLIC HEARINGS ITEM "402." MOTION BY COMMISSIONER MILLER. SECONDED BY DEPUTY MAYOR MARTINEZ. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: AYE COMMISSIONER l\ULLER: AYE DEPUTY MAYOR MARTINEZ: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED:. PUBLIC HEARINGS 403. Office Of The City Manager/Office Of The City Attorney Requests That The Oity Commission Approve On First Reading Ordinance Number 2004-10, Amending The Town Center Code To Provide Regulations For Demising Walls And Partitions. Mayor Bush stated, "Can we have a Motion to read by 'Title' only." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETII\'G - JANUARY 26, 2004 PAGE 9 OF 30 "SO MOVED." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: DEPUTY MAYOR l'YlARTINEZ: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIE][). Attorney Garganese read the Ordinance by "Title" only. Attorney Garganese spoke for the record about an email from the Developer's Attorney, David O. Eldridge, Esquire. With discussion, Commissioner McLeod stated, "I would have liked to have seen the Owner have a little more notification." Further discussion. Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. Commissioner McLeod then stated, "When are we supposed to have this so-called meeting and walk-thru of the Town Center with the Developer, to take a look at the problems that are there - how are we going to go forward; how are we going to resolve them. When is that meeting?" Manager McLemore stated, "Actually, I have done that with Shane [Doran]." Furthermore, Manager McLemore added, "We have got a whole list of ideas to put in front of you. So, I would think we would try to just find another date to do it - that everybody can come together." With discussion, Commissioner McLeod spoke about the previously suggested meeting with Staff, the City Manager, the City Commission, and the Developer, and added that we need "To try to have a Workshop on site - to see the problems and see if there are issues and how we could get through them." Mayor Bush then stated., "Commissioner McLeod is asking the Commission to direct the Manager to reschedule the meeting with the Developer and Staff." Deputy Mayor Martinez stated, "I am in agreement." Commissioner Sally McGinnis stated, "Yes." As there were no voiced objections, Mayor Bush summarized, "The Commission is in agreement with that." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 26, 2004 PAGE 10 OF 30 "I WOULD LIKE TO MAKE A MOTION THAT WE MOVE ITEM '403' TO SECOND READING AND THAT THE DEVELOPER AND HIS STAFF BE NOTIFIED FORTH'WITH - THAT MEANS TOMORROW - AND THAT PROOF OF THAT NOTIFICATION BE AVAILABLE." MOTION BY DEPUTY MAYOR MARTINEZ. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER l\fILLER: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR MARTINEZ: AYE COMMISSIONER McLEOD: AYE MOTION cARRIE[~ PUBLIC HEARINGS 404. Community Development Department - Planning Division/Office Of The City Attorney Request The City Commission Hold A Public Hearing For Second Reading Of Ordinance 2004-04, Amending Winter Springs Code Section 20-101. And 20-102. Attorney Garganese read the Ordinance by "Title" only. Mayor Bush opened the "Public Input H portion of the Agenda Item. Mr. John Neubauer, 102 Stone Gable Circle, Winter Springs, Florida: inquired about the Ordinance. Discussion. Mayor Bush closed the "Public Input" portion of the Agenda Item. "MOTION TO APPROVE ITEM '404' - ORDINANCE 2004-04.':' MOTION BY DEPUTY MAYOR :MARTINEZ. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE DEPUTY MAYOR MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE MOTION CARRIED~ ,- ; t. f, I ( " ~ . . (. . ') ~ . .1 , t .., . i 'I "--:. -) CITY OF WINTER SPRlNGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 26, 2004 PAGE 11 OF30 PUBLIC HEARINGS 405. Office Of The City Attorney Requests That The City Commission Approve On Second Reading Ordinance Number 2003-41, Amending Chapter 10, Article III, Adult Entertainment Establishments, Related To Adult Entertainment Establishments And Sexually Oriented Businesses And More Specifically Regarding Legislative Findings, Licensing, Conduct Regulations, And Penalties. Attorney Garganese read the Ordinance by "Title" and stated, "After the First Reading, I did go back and make the changes that Commissioner Blake had requested regarding gender neutrality on one of the regulations." / ." Discussion. . -) Mayor Bush opened the "Public Input" portion of the Agenda Item. '- No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. Discussion. "MOTION TO MOVE TO THIRD READING." MOTION BY DEPUTY MAYOR MARTINEZ. MAYOR BUSH STATED, "WE HAVE A MOTION TO MOVE ITEM '405' TO llHIRD READING - SECONDED BY COMMISSIONER McGINNIS." DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER l\'[cGINNIS: AYE COMMISSIONER l\'lILLER: AYE DEPUTY MAYOR l\<1ARTINEZ: AYE COMMISSIONER McLEOD: AYE MOTION cARRIED~ PUBLIC HEARINGS 406. Office Of The City Attorney Requests That The City Commission Approve On First Reading Ordinance Number 2004-03, Regulating Adult Gaming Facilities (e.g. Casino Like Establishments). Mayor Bush pointed out, "Item '406', as I mentioned earlier has been pulled." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 26, 2004 PAGE 12 OF 30 .:..:. AGENDA NOTE: PUBLIC HEARINGS AGENDA ITEM '403' WAS DISCUSSED AGAIN, FOLLOWED BY THE REMAINING PUBLIC HEARINGS, AS DOCUMENTED. .:. .:. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 403. Office Of The City Manager/Office Of The City Attorney Requests That The City Commission Approve On First Reading Ordinance Number 2004-10, Amending The Town Center Code To Provide Regulations For Demising Walls And Partitions. --1 ) 1-' Manager McLemore asked for clarification on the previously stated Motion when "Public Hearings Agenda Item 403" was discussed earlier in this Meeting. l_ , - l____/ Discussion. "I WOULD LIKE TO MAKE A MOTION THAT THE COMMISSION RECONSIDER A MOTION ON ORDINANCE NUMBER 2004-10." MOTION BY COMMISSIONER HLAKE. SECONDED BY DEPUTY MAYOR MARTINEZ. DISCUSSION. VOTE: COMMISSIONER lVIcGINNIS: AYE COMMISSIONER lVULLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE DEPUTY MAYOR MARTINEZ: AYE MOTION cARRIED~ Commissioner Blake stated, "I would like to recommend that we make a new Motion after Public Input on such relating to the previous Motion that we a.lready made but adding the language that will also prohibit structural members, HV AC [Heating Ventilation Air Conditioning] systems, and electrical systems other than room lighting from intersection with windows." Mayor Bush opened "Public Input. " No one spoke. Mayor Bush closed "Public Input. " CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 26, 2004 PAGE 13 OF 30 "I WOULD LIKE TO MAKE A MOTION THAT WE MOVE ORDINANCE NUMBER 2004-10 TO SECOND READING WITH THE ADDITIONAL LANGUAGE AS WAS DISCUSSED EARLIER TO INCLUDE PROHIBITION OF STRUCTURAL lVlEMBERS, HVAc [HEATING VENTILATION AIR CONDITIONING] SYSTEMS, ELECTRICAL SYSTEMS OTHER THAN ROOM LIGHTING FROM INTERSECTING WITH WINDOWS; WITH FURTHER DIRECTION TO THE CITY MANAGER TO NOTIFY THE DEVELOPER - TOMORROW - FORTHWITH, WHICH IS TOMORROW - OF THE SECOND READING AS IT IS SCHEDULED, AND OF THE CHANGES THAT WILL BE MADE." MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR MARTINEZ. DISCUSSION. VOTE: DEPUTY MAYOR :MARTINEZ: AYE COMMISSIONER l\-IILLER: AYE COMMISSIONER l\-lcGINNIS: AYE COMMISSIONER l\-lcLEOD: AYE COMMISSIONER BLAKE: AYE MOTION cARRIED~ PUBLIC HEARINGS 407. Community Development Department - Planning Division Requests That The City Commission Consider Second Reading/Adoption Of Ordinance 2003-40 Amending Section 9-281. Of The Winter Springs' Code To Allow For Vinyl As An Acceptable Dumpster Screening Material For Existing Dumpsters Which Need To Come Into Compliance With Section 9-281. By March 1, 2004, And Requests That The City Commission Adopt Standard Details To Be Made Available To Affected Parties And That They Exempt These Dumpsters From Compliance With The Zoning Setback Requirements Generally Applied To Accessory Buildings And Structures. Manager McLemore introduced this Agenda Item. Brief discussion. Attorney Garganese read the Ordinance by "Title" only. Tape 2/Side A With discussion, Manager McLemore stated, "We need to do two (2) things - we need to have the Ordinance reference this, because we are creating almost a reliance thing here, where we are telling somebody if you follow this - you are going to meet the wind load requirements, and then if we say, 'Oh, by the way you can do asphalt if you want to', then if we have something that happens now, we're liable." c- [ l , , :- '.--1_...., r-- C ~~ --) c?: :~ ) ] ) c__ _ r' I, ,i ~ I '- __J CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 26, 2004 PAGE 14 OF 30 Additionally, Manager McLemore said, "I think we need to go and ask our Engineer, is asphalt an ~cceptable alternative and if so, if there are any specific design requirements we need before we put our name on it and create a reliance on it. And, again it needs to be referenced in the Ordinance, referenced in these drawings." Manager McLemore suggested, "We need to go back and reference this, we need to ask the question about asphalt, and under what questions and bring it back to you at the next Meeting." - .-_..~ _1, With further discussion, Commissioner McLeod stated, "I don't see any anchors that go through a piece of steel or anything that sticks through the posts, so that as you pour the concrete in there, that it helps hold that post." Furthermore, Commissioner McLeod suggested asking the Engineer - "Is the concrete, the six inch (6") or eight inch (8") pad being used over the footer or as a whole, as part of his uplift; and if it is, there is definitely a difference:: between that pad and an asphalt pad, thickness wise - or is he basically relying on his wind load based on the size of his footers, and not the pad on top." -, , L~~, Commissioner McLeod then remarked that "The gate shall support a total live load of 200 pounds at the point load at the end, per the gate - is the same requirement going to be when you put the steel out there, and what is the load requirement is out there now versus aluminum - he might have to have an asterisk if steel used must be this - if aluminum used, must be that." Furthermore, Commissioner McLeod suggested, "One other question you may ask - up to what level would you allow an asphalt - and it is really on the approach pad, probably more than the pad itself." Discussion. Commissioner McLeod proposed that "If you have this attached and it is back in front of a Commission - later, they have the attachment to the Ordinance, then they will know what was approved to begin with." Commissioner McLeod also suggested that "This drawing should have a date and a revision block, so that if it ever becomes revised, you are able to track it from day one through revisions, and know what those changes were." Further discussion. Mayor Bush opened the "Public Input" portion of the Agenda Item. Mr. Gerald S. Rogers, 616 Pearl Road, Winter Springs, Florida: commented on the aluminum reference; inquired as to whether steel could be used instead of aluminum; and spoke on wind load criteria. Discussion. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 26.2004 PAGE 15 OF 30 Commissioner Blake stated, "Point of Order ", and spoke on the Ordinance and the process of making laws. Further discussion. Mayor Bush closed the "Public Input" portion of the Agenda Item. ,- -=-- ", J -'J "I MAKE A MOTION THAT WE - POSTPONE IT THEN TO THE NEXT CITY COMMISSION MEETING ON - FEBRUARY 9TH." MOTION BY COMMISSIONER MILLER. MOTION DIED FOR LACK OF A SECOND. -) "I WOULD LIKE TO MAKE A MOTION THAT WE ADOPT ORDINANCE 2003-40." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. I ~ '.... :' z_ "--~ COMMISSIONER McLEOD SAID, .'WHAT I WOULD LIKE TO SEE US DO HERE IS TO ALSO DIRECT THE STAFF TO GO BACK TO THE ENGINEER BASICALLY ON T'VO (2) THINGS - WHAT WE DISCUSSED THIS EVENING - THE STEEL, BECAUSE THAT IS VERY COMMON." COMMISSIONER McLEOD ADDED, "AND THEN BRING THAT BACK TO US, AND ALSO TALK TO HIM ABOUT THE OTHERS." FURTHERMORE, COMMISSIONER McLEOD SUGGESTED, "THE DRAWINGS SHOULD SAY MINIMUM REQUIREMENTS. " ATTORNEY GARGANESE SUGGESTED, "FOR TONIGHT'S PURPOSES, YOU COULD ADOPT THE ORDINANCE. WE CAN ADD A SECTION HERE THAT THE CITY cOMMl[SSION CAN ADOPT PLANS AND SPECIFICATIONS BY RESOLUTION - TO MEET THE MINIMUM SCREENING REQUIREMENTS." COMMISSIONER McLEOD ADDED AS AN AMENDMENT, "THE COMMISSION HAS THE RIGHT TO CHANGE THE DRAWINGS - ADOPT THE DRAWINGS BY RESOLUTION." AMENDMENT TO THE MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. ATTORNEY GARGANESE STATED, "I WOULD INCORPORATE THAT LANGUAGE THAT THE COMMISSION BY RIGHT CAN ADOPT THESE BY RESOLUTION - THE DRAWINGS." VOTE: (ON THE AMENDMENT) DEPUTY MAYOR MARTINEZ: AYE COMMISSIONER :McLEOD: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: NAY COMMISSIONER BLAKE: NAY MOTION CARRIED~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 26,2004 PAGE 16 OF ~O VOTE: (ON THE MOTION, AS AMENDED) COMMISSIONER McLEOD: AYE COMMISSIONER l\1cGINNIS: AYE COMMISSIONER ElLAKE: AYE DEPUTY MAYOR MARTINEZ: AYE COMMISSIONER MILLER: NAY MOTION CARRIEr!:, ( PUBLIC HEARINGS 408. Community Development Department - Planning Division Requests The City Commission Conduct A Public Hearing For The First Reading Of Ordinance 2004-09, Annexing A Parcel Located At 1112 Orange Avenue Equaling Approximately 3.3 Acres And Owned By Luis R. & Maria Esteves. ') l ' - ,;) L-9 Mayor Bush stated, "Can we have a Motion to read by 'Title' only." "SO MOVED." MOTION BY DEPUTY MAYOR MARTINEZ. MAYOR BUSH STATED, "SEcONHED BY COMMISSIONER MILLER." DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE DEPUTY MAYOR MARTINEZ: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION cARRIED~ Attorney Garganese read the Ordinance by "Title" only and pointed out that "The Metes and Bounds legal description which is referenced in the Ordinance, is really attached to the Survey as Attachment 'A'. That will be incorporated as an Exhibit to Ordinance 2004-09." Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. "MOTION TO MOVE ITEM '408' - ORDINANCE NUMBER 2004-09 TO SECOND READING." MOTION BY DEPUTY MAYOR MARTINEZ. SECONDED BY COMMISSIONER McLEOD." DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 26, 2004 PAGE 17 OF 30 VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR MARTINEZ: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION cARRIEI~ PUBLIC HEARINGS 409. Office Of The City Attorney Requests The City Commission Approve On First Reading Ordlinance Number 2004-11, Amending Chapter 6, Article III, Building Construction Standards, Related To The Installation And/Or Construction Of Amateur Radio Antennae And Radio Antenna Structures. Mayor Bush stated, "Can we have a Motion to read by 'Title' only." "SO MOVED." MOTION BY DEPUTY MAYOR MARTINEZ. SECONDED BY COMMISSIONER lVlcGINNIS. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR MAlRTINEZ: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" only. Commissioner Miller suggested that ideas be presented as to what designs would be acceptable. Attorney Garganese stated, "I can bring back more information if the Commission wants to see it." Ms. Max Epstein, Customer Service Manager, Community Development Department addressed the City Commission. Regarding possible designs, Commissioner Miller said, "If the industry now has antennae that are not obnoxious and they fit well into communities, then that is what I would like to see us included in the Ordinance." Ms. Epstein stated, "Certainly - we'll come back to the next Meeting and I can certainly bring you the designs that were presented, not only by this particular applicant, but two (2) other applicants and then the Commission can take a look at that." (-.--1 - - 'I ,J , .- ! I .., - I , ~ ! L1',. "I .. ..J l...---o' f' ----'-; 'C~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 26, 2004 PAGE 18 OF 30 Furthermore, Commissioner Miller added, "And that is another issue that I would like to see - somehow that if the antennae is not used for a certain period of time, it has to be removed." Ms. Epstein stated, "Okay." Commissioner Blake also said, "I think it is a good idea to see just what the industry has to offer right now." Furthermore, Commissioner Blake inquired about the proposed forty-five feet (45') and said, "I absolutely agree with Commissioner Miller that I think we ought to see what the industry has to offer first. Secondly, I think forty-five feet (45') is unreasonable in a residential area - thirty-five (35) sounds a little better." Commissioner Miller said to Ms. Epstein, "I would like you to work with the Attorney - I don't know what the requirement is - whatever we end up with - thirty-five feet (35'), if the guide wires have to be out at a certain angle - we might be getting into a zoning area too - or we might want to create something where anyone who already is in the City is grandfathered, and anyone moving in would have to have a certain size - piece of property in order to put up a thirty-five foot (35') antennae, which would put it in a low density area, as opposed to Parkstone or someplace like that where it really would be invasive. " "I WOULD LIKE TO MAKE A MOTION TO POSTPONE CONSIDERATION OF ORDINANCE 2004-11, BUT SPECIFICALLY ASK STAFF TO BRING BACK TO US COMPETE.NT, PROFESSIONAL STUDIES THAT HAVE SHOWN WHAT OTHER RESIDENTIAL COMMUNITIES HAVE DONE IN LIGHT OF ANY COURT DECISIONS RELATING TO AMATEUR RADIO. SEcONDL Y, TO BRING BACK TO US SOME OF THE STATE OF THE ART TYPES OF ANTENNAES FOR. AMATEUR RADIO THAT ARE BEING USED IN RESIDENTIAL AREAS. THREE - BRING BACK A COMPETENT PROFESSIONAL STUDY THAT SHOWS WHAT THE HEIGHT REQUIREMENTS 'N'OULD BE TO HAVE THE MINIMAL CAPACITY TO ACTUALLY UTILIZE AN AMATEUR RADIO IN A RESIDENTIAL AREA - FOUR - A MODEL ORDINANCE FROM - ANOTHER RESIDENTIAL COMMUNITY THAT HAS EFFECTIVELY DEALT WITH THIS ISSUE." COMMISSIONER BLAKE ADDED A FIFTH CONSIDERATION, "THE INTERFERENCE QUESTION AND RIGHTS OF NEIGHBORING RESIDENTIAL OWNERS IN TERMS OF HAVING INTERFERENCE FREE ACCESS TO ELECTROMAGNETIC WAVES IN THEIR SPACE." MOTION BY COMMISSIONER IfJLAKE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. c:~--~ [' . ..Jj ~ : , , L [ . ( , , l ,-- ' G CITY OF WfNTER SPRINGS MfNUTES CITY COMMISSION REGULAR MEETING - JANUARY 26, 2004 PAGE 19 OF 30 VOTE: COMMISSIONER MILLER: AYE DEPUTY MAYOR MARTINEZ: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER :McLEOD: AYE COMMISSIONER E:LAKE: AYE MOTION cARRIEI~ REGULAR AGENDA REGULAR 500. Office Of The City Manager Requesting The Commission To Consider A Supplemental Appropriation In The Amount Of $2,470.00 To Fund Raising The Brick Fence Between Stone Gable And Villagio From Six (6) Feet To Eight (8) Feet. Manager McLemore presented his opening remarks. Discussion ensued. Tape 2/Side B Further discussion. Commissioner Miller stated, "I would like to point out that I am not sure that I would like to see Stone Gable bring back to us an additional request - I think when the commercial property in front of them gets developed, I think they need to work with the Developer - when that happens to get the wall at eight feet (8')." Further discussion. "I MAKE A MOTION THAT WE DO APPROVE THE EXTENSION OF THE WALL FROM SIX Ji'EET (6') TO EIGHT FEET (8'). THE CITY WILL PUT IN $2,470.00 - ITS PORTION OF THE ESTIMATE FOR THE 570 FOOT OF WALL EXTENSION - ITEM '500'." MOTION BY COMMISSIONER McLEOD. SECONDED BY cOJ\1MISSIONER McGINNIS. DISCUSSION. ATTORNEY GARGANESE SAID, "IF THE COMMISSION APPROVES THIS MOTION - WE HAVE TO AMEND THE DEVELOPMENT AGREEMENT WITH THE DEVELOPER TO ALLOW FOR AN EIGHT FOOT (8') WALL." ~-.ji [ i . l i> [' ( ~. ( ;:' k~~ :")~ '-.'~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 26, 2004 PAGE 20 OF 30 COMMISSIONER McLEOD CONTINUED, "THE ATTACHMENT WOULD BE MADE TO THE DEVELOPER'S AGREEMENT STATING THAT IT IS ALLOWED TO GO TO AN EIGHT FOOT (8') WALL, HOWEVER, ALL MAINTENANCE VVlfLL STAY AS INITIALLY IN THE DEVELOPMENT AGREEMENT." AMENDMENT TO THE MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: (ON THE AJ\1ENDMENT) COMMISSIONER lVlcGINNIS: AYE DEPUTY MAYOR MARTINEZ: NAY COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE MOTION cARRIED~ VOTE: (ON THE MOTION, AS AMENDED) DEPUTYMAYORMARTINEZ: NAY COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER lVlILLER: AYE COMMISSIONER BLAKE: NAY MOTION cARRIED~ Mayor Bush called a Recess at 9:03 p.m. The Meeting was called back to order at 9: 14 p.m. REGULAR 501. Not Used. REGULAR 502. Not Used. REGULAR 503. Office Of Mayor John F. Bush Requests That The City Commission Consider Information To Be Provided To The Supervisor Of Elections. Mayor Bush introduced this Agenda Item. r-:::---J \-.'" -J l<,~ '::.J ] [ -. "<1 I' --, I r' . ~ : ,-:, '. . , C I '. ,., ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 26, 2004 PAGE 21 OF 30 Commissioner Blake returned to the Commission Chambers at 9:15 p.m. Manager McLemore returned to the Commission Chambers at 9: 15 p.m. Mayor Bush then stated, "I have asked him to schedule time where he [Dennis Joyner, Seminole County Supervisor of Elections] could meet with the Commission." "MOTION TO APPROVE." MOTION BY DEPUTY MAYOR MARTINEZ. MAYOR BUSH STATED, "WE HAVE A MOTION TO APPROVE THE DRAFT LETTER WHICH IS IN YOUR PACKET." SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. Commissioner Miller returned to the Commission Chambers at 9: 16 p. m. VOTE: COMMISSIONER McGINNIS: AYE DEPUTY MAYOR MAlRTINEZ: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED:. Mayor Bush said to Andrea Lorenzo-Luaces, City Clerk, "So, you will get the letter out tomorrow?" City Clerk Lorenzo-Luaces responded, "Yes." Mayor Bush added, "I told him to call you Andrea [Lorenzo-Luaces] - I think we should schedule that at a Regular Meeting when he could come and address the Commission." REGULAR 504. Finance Department Requesting City Commission To Approve The FY 2005 Budget Calendar. "MOTION TO APPROVE." MOTION BY COMMISSIONER BLAKE. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER MARTINEZ." DISCUSSION. VOTE: COMMISSIONER BlLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR MARTINEZ: AYE MOTION CARRIED.~ v:~-. - "~ r ' , , c ~. ~.', .. " , . ( - c~ l_!~:.:'" ::: ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 26, 2004 PAGE 22 OF 30 REGULAR 505. Community Development Department Recommends The City Commission Hear A Request By Thomas Sign And Awning, On Behalf Of Discount Auto Parts, For A Variance From Section 20-486. Of The City Code Of Ordinances, To Authorize A New Approximately 21.55 Square Foot Building-Mounted Siingle Tenant Identification Sign To Be Constructed On The State Road 434 (SoutllI) Side Of The Building, Within TllIe State Road 434 Redevelopment Overlay Zoning District. Discussion ensued on Development Agreements. Commissioner Blake inquired, "Can we check if it was recorded?" Attorney Garganese said, "We can check." With further discussion, Commissioner Blake stated, "Aren't those window signs prohibited?" Mr. John Baker, AICP, Senior Planner, Community Development Department stated, "I would have to look into that." Discussion. "BASED ON - THE RECOMMENDATIONS OF THE STAFF, I WOULD LIKE TO MAKE A MOTION THAT WE DENY THE REQUEST." MOTION BY DEPUTY MAYOR MARTINEZ. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. COMMISSIONER l\1cGINNIS STATED, "SINCE THE APPLICANT IS HERE TONIGHT, I WOULD LIKE TO HEAR WHAT THEY HAVE TO SAY." ATTORNEY GARGANESE STATED, "BEFORE THE COMMISSION VOTES ON THIS MATTER, I THINK YOU NEED TO HEAR FROM THE APPLICANT." Mr. Gregory Davis, Thomas Sign & Awning Company, Inc., 4590 118th Avenue North, Clearwater, Florida: representing the Applicant, Mr. Davis addressed the City Commission. MUCH DISCUSSION. COMMISSIONER l\1[cLEOD SAID, "THE FRONT OF THE SIGN NEEDS TO BE LANDSCAPED LIKE WE POINTED OUT - IF THIS THING GOES FORWARD, I WOULD MAKE THAT AS A CONTINGENCY - THAT THE SIGN GETS LANDSCAPING AROUND IT ON THE BASE, LIKE IT IS SUPPOSED TO HAVE." FURTHER DISCUSSION. ~ ~?~;~:~ r~:-~ ~"_';~ - -1 ,'. . ~",:"I "~ \- --I . c ~~ ':!-.J ~ CITY OF WINTER SPRfNGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 26, 2004 PAGE 23 OF 30 Tape 3/Side A COMMISSIONER McLEOD THEN SAID, "IT WOULD SEEM TO ME - IF OUR AGREEMENT WAS ONE, YOU FIX THE LANDSCAPING ISSUE - TWO WOULD BE IS THAT YOU CAN PUT THE 'ADVANCE DISCOUNT AUTO PARTS' ON THE BUILDING WITHOUT THE FLAG, AND YOU DO NOT PUT ANY OTHER - ADDITIONAL CORPORATE IDENTIFICATION AS TO 'ADVANCE DISCOlUNT AUTO PARTS' ON ANY OTHER PORTIONS OF THE BUILDING - OTHER WALLS. I WOULD LIKE TO MAKE A MOTION TO THAT." COMMISSIONER McLEOD THEN SAID, "MY MOTION WOULD BE - BASICALLY, WE ALLOW THE MONUMENT SIGN AS SHOWN - AND TO HAVE IT LANDSCAPED AS APPROVED BY THE BUILDING DEPARTMENT - TO THEN - ALLOW THE 'ADVANCE DISCOUNT AUTO PARTS' LESS THE FLAG ON THE BUILDING AND TO REPLACE ANY DAMAGED LANDSCAPING THAT IS PRESENTLY AT THE BUILDING." MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. MAYOR BUSH STATED, "THE MOTION IS TO PUT THE LANDSCAPING AROUND THE MONUMENT SIGN; AND OF COURSE THERE IS - AS HE MENTIONED A LANDSCAPE PLAN IS REQUIRED TO REPLACE THE LANDSCAPING THAT HAS DIED; AND, APPROVE THE SIGN ON THE BUILDING LESS THE - CHECKERED FLAG. THAT WAS - COMMISSIONER McLEOD'S MOTION. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. COJ\1MISSIONER McLEOD ADDED, "TO NOT HAVE ANY ADDITIONAL LETTERING TO BE APPLIED TO THE BUILDING." DEPUTY MAYOR J\1ARTINEZ STATED, "I WITHDRAW THE [PREVIOUS] MOTION." ATTORNEY GARGANESE STATED, "YOU CAN TREAT IT AS SUCH - IT WAS OUT OF ORDER." MAYOR BUSH ADDEn, "THE FIRST MOTION WAS OUT OF ORDER." VOTE: DEPUTY MAYOR MARTINEZ: AYE COMMISSIONER B:LAKE: NAY COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER M[ILLER: AYE MOTION CARRIED~ ~ S~ ;~~;.-': l l> r (.,. OJ'', 1 , . , (.. -~ ~ - - . [' ..,'" , C;;O"~'.' ' 1;~-~2'1 ~j CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 26, 2004 PAGE 24 OF 30 REGULAR 506. Community Development Department Requests That The City Commission, In Its Capacity As The DRe [Development Review Committee], Consider A Sign age Request By The Transformations II Tanning And Skin Care Tenant Of The IDe Town Center Building Number 8 For The North Side Of The Building (That Part Of The Building Abutting The Parking Lot). Discussion. Mr. Baker addressed the City Commission. "MOTION TO APJPROVE ITEM '506' AS RECOMMENDEn BY STAFF." MOTION BY DEPUTY MAYOR MARTINEZ. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER MILLER." DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR 1\'[ARTINEZ: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MILLER: AYE MOTION CARRIED~ REGULAR 507. Community Development Department Requests The City Commission Hear A Presentation By Breedlove Dennis And Associates, Inc. (BDA), Environmental Consultants, To Discuss The Need For Changes To The Code Of Ordinances Related To Boat Docks. Ms. Penny E. Caple, Senior Scientist, Breedlove, Dennis & Associates, Inc., 330 West Canton Avenue, Winter Park, Florida: addressed the City Commission on this issue. Discussion Commissioner Blake stated, "Point of Order" and spoke on questions being asked. Manager McLemore stated, "The Commission is struggling with the idea - what can we do as an entity to help improve or even stabilize or improve the lake [Jesup]?" Manager McLemore then asked, "Is there anything the City of Winter Springs can do to help stabilize or improve the environmental quality of the lake [Jesup]?" c=-~=:-:J ["-_:~. ~. ~ I C:.C. ] 1:,-: ,'., r' ._~. c._' ." C " L_. r- . ~~~ ... CITY OF WfNTER SPRfNGS MfNUTES CITY COMMISSION REGULAR MEETfNG - JANUARY 26, 2004 PAGE 25 OF 30 Ms. Cople responded by saying, "The City can implement requirements that would require that applicant to submit a plan to you that would explain to you how the Wetlands are going to be crossed; if there are wetlands to be involved so that you could have more input into how trees would be removed, how the pilings would be put in, what kind of pilings would need to be used with the materials - what the dock needs to be constructed of so that you can avoid certain materials that might contribute to some of the water quality problems - that you might want to avoid the treated wood products that might have been used in some of the docks previously. The Commission can develop design criteria that would assist with that." Manager McLemore next asked Ms. Cople, "And these are areas that are not currently regulated by someone else - some other entity?" Ms. Cople stated, "As far as the construction materials?" Manager McLemore said, "Yes." Ms. Cople then stated, "I would have to check on the DEP [Department of Environmental Protection] side. I don't know if they regulate the actual materials the dock is constructed of, but they do regulate the sedimentation, erosion, control problems that would be involved with clearing the wetlands, putting the pilings in, and things of that nature." Further discussion. Tape 3/Side B "I WOULD LIKE TO MAKE A MOTION - ON THIS ITEM, THAT WE DENY ANY FURTHER MOVEMENT OF GOING FORWARD OR ANYMORE MONIES BEING SJ[>ENT AT THIS TIME, DUE TO THE LACK OF THE - OVERALL IMPACT THAT IT WILL HAVE ON - LAKE JESUP." MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: DEPUTY MAYOR MARTINEZ: NAY COMMISSIONER McLEOD: AYE COMMISSIONER :MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. REGULAR 508. Community Development Department Requests That The City Commission Consider A Wall Sign Proposed For The North (Parking Lot And Courtyard) Side Of The Tijuana Flats Restaurant At Building Number 1, \Vithin The IDC Calhoun Town Center Site. "MOTION TO API[>ROVE ITEM '508'." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. [e~?] -,...:) . ": -j) ~.: -:~~ [.~~ ~~J VOTE: DEPUTY MAYOR MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED:, CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 26,2004 PAGE 26 OF 30 Deputy Mayor Martinez departed the Meeting at 10:40 p.m. REGULAR 509. Office Of Commissioner Sally McGinnis Requests The Commiission Rehear The Signage Variance Request From Dr. Corum Of 620 West State Road 434 (State Road 434 Redevelopment Overlay Zoning District), Based On The Request Of The Applicant And Does Not Represent A Position In Favor Of .or Against The Request Of The Applicant. Discussion. Mr. Kenneth Soday, 8637 Piza Drive, Orlando, Florida: spoke on behalf of Dr. Pete G. Corum regarding this request. Much discussion. "I MOVE THAT WE LEAVE THE DECISION REACHED AT THE JANUARY 12TH MEETING, AS PRESENTED AND VOTED ON." MOTION BY COMMISSIONER IV[cGINNIS. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. Commissioner Miller stated, "Point of Order" and spoke on possibly extending the Meeting. " "I MAKE A MOTION TO EXTEND THE MEETING FOR HALF AN HOUR." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. MAYOR BUSH CLARIFIED, "IT IS THIRTY (30) MINUTES FROM ELEVEN O'CLOCK." VOTE: COMMISSIONER MITLLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: NAY MOTION CARRIED~ ~ ( :---=:5 ~ L~-:t?J [::-~;3J ["'-_-': :-')] -l'~ C;;::'.- (c:;: ..~.~ ~~<~~l [C~L2J I~==:l ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 26, 2004 PAGE 27 OF 30 VOTE: COMMISSIONER McLEOD: NAY COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED~ REPORTS REPORTS 600. Office Of The City Attorney - Anthony A. Garganese, Esquire Attorney Garganese advised the City Commission that "Mr. Binford finally filed his initial Brief at the 5th District Court of Appeal - that is regarding his Appeal to that ground sign decision, applying the State Road 434 guidelines. I provided a copy of Mr. Binford's Brief to the City Manager and he will copy the Brief and provide each Commissioner with a copy." REPORTS 601. Office Of The City Manager - Ronald W. McLemore No Report. REPORTS 602. Office Of The City Clerk - Andrea Lorenzo-Luaces No Report. REPORTS 603. Office Of The Mayor - John F. Bush Mayor Bush stated that a meeting had been held with Seminole County Chairman Darryl McLain regarding possibly pursuing a Library for the City of Winter Springs. Mayor Bush added, "It is in the planning stages at this point." Mayor Bush then said, "It will be something the County [Seminole] takes the lead on." Cc.. _.~ f~~~! : ~- - -.... I ..- , _, . . i " ') . 1 C _' C'.~) C. .'.3) ~, "-:."::?i ICLC~ ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 26,2004 PAGE 28 OF 30 Next, Mayor Bush mentioned an idea related to Congressman Tom Feeney's recent Town Hall Meeting - Mayor Bush said, "Possibly the Commission could enclose an invitation to the citizens" to attend City Commission Meetings. Mayor Bush added, "Many people - don't know the Commission meets when it does. I just wondered if that would be something the Commission might want to consider - that that could be an insert into the. water bill or maybe something attached to the water bill just notifying people and inviting them to come to the Meeting." Mayor Bush added, "So, that is - something maybe that you could think about and we can bring it up another Meeting to see if it is something that we want to move jurward on." Mayor Bush spoke on meeting today "With two women who are Winter Springs residents, who are the force behind the 5K Breast Cancer Run and Walk ['Community 5K For A Cure'] that we had - our first one last year at Central Winds Park. I have asked them to give a short presentation at our next Commission Meeting, and in the interim, I have also asked them to contact each of you individually." Lastly, Mayor Bush explained that "We have not responded to the letter from Councilman Dallari - and we need to do that - at our next Meeting. We will make sure you have copies of that letter." Mayor Bush added, Andrea [Lorenzo- Luaces] will get it to you this coming wet::k. REPORTS 604. Commission Sea.t One/Deputy Mayor - Robert S. Miller Commissioner Miller mentioned that the Scottish Highland Games were held recently. Next, Commissioner Miller stated, "Do we need a Noise Decibel study in our City? There are a lot of motorcycles going around and our Ordinances are not really too clear." Tape 4/Side A Discussion ensued on Ninja bikes, motorized scooters, and excessive noise with Chief of Police, Daniel J. Kerr. REPORTS 605. Commission Seat Two - Michael S. Blake Commissioner Blake stated, "20-357." Next, Commissioner Blake spoke to Chief Kerr about excessive noise coming from vehicles and asked what can be done. Chief Kerr stated, "We need the equipment to measure the decibel levels." ~-=8 ~~~ L~':', -> -; :.>-- :-. --:-./- ,_. rt~ . ;::,;_. ......~. . " ." G - _ ~':.~3! ~;?7 r-'--~, Lh.~ G:~0 CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 26, 2004 PAGE 29 OF 30 Attorney Garganese added, "To make this more iron clad, the City would have to create a 'Decibel Based Noise Ordinance' and you would have to craft the Ordinance based on legitimate standards of what is good and bad noise, and you are going to have to buy the decibel meters and then you are going to have to constantly train the Officers of Code Enforcement to use the decibel based meters." Mayor Bush said, "Commissioner Miller asked to have the Chief [Kerr] bring that kind of information back." REPORTS 606. Commission Seat Three - Edward Martinez, Jr. No Report as Deputy Alayor Martinez had departed the Meeting. REPORTS 607. Commission Sent Four - Sally McGinnis Commissioner McGinnis spoke of recently riding with a Police Officer and that it was a "Nice experience". Next, Commissioner McGinnis congratulated Commissioner Miller on the birth of his first granddaughter. Commissioner McGinnis stated, "The State of the City address - could that be put on our Website?" Furthermore, Commissioner McGinnis suggested, "Could we make copies and have them in the Lobby?" Mayor Bush stated, "Sure" and also said that it should be in an upcoming Newsletter. REPORTS 608. Commission Sealt Five - David W. McLeod Commissioner McLeod said that he had recently spoken with Seminole County Commissioner Randy Morris regarding a possible Library and that Commissioner Randy Morris was also in favor of a Library for the City. Secondly, Commissioner McLeod then stated, "Ron [McLemore], I need to talk to you about some other issues." Thirdly, Commissioner McLeod asked Attorney Garganese, "Where are we sitting with our lawsuit with Dunnlar?" Attorney Garganese stated, "We are trying to coordinate a Hearing date for our 'Motion For Summary Judgment' that we filed. It may have been scheduled already. I will check on that and get back to you." Commissioner McLeod added, "I would like to do whatever we can to push this thing forward." Attorney Garganese stated, "Agreed." ~~ r. ==<J , '----- ~ir~':,~:J I C~~:r::'l ~' - '.-#?J r,~. ;:::/)' ,..1''' _OJ c;. ..~ ~. .' ,-. ~.., \"-- .~ c .~ ~::::J ~ G=J CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 26,2004 PAGE 30 OF 30 ADJOURNMENT Mayor Bush adjourned the Meeting at 11 :30 p.m. RESPECTFULLY SUBA1ITTED: ANDREA LORENZO-LUACES, CMC CITY CLERK APPROVED: JOHN F. BUSH MAYOR NOTE: These Minutes were approved at the , 2004 Regular City Commission Meeting, ~~ ~ Ksc=o::J l5:;;~'J i._I [).-. :.;, .' )j [)... "-~1 C2"' -::."',; cs:~ ~ ~ iJ