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HomeMy WebLinkAbout_2002 05 13 City Commission Regular Minutes CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING MAY 13, 2002 I. CALL TO ORDER The Regular Meeting of May 13, 2002 of the City Commission was called to order by Mayor Paul P. Partyka at 6:32 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). ROLL CALL: Mayor Paul P. Partyka, present Deputy Mayor Cindy Gennell, arrived at 7:16 p.m. Commissioner Robert S. Miller, present Commissioner Michael S. Blake, present Commissioner Edward Martinez, Jr., present Commissioner David W. McLeod, present City Manager Ronald W. McLemore, present City Attorney Anthony A. Garganese, arrived at 6:46 p.m. Mayor Partyka presented Proclamations to a number of Winter Springs High School students: Jennifer Bergst" as JROTC Alternative Arms Exhibition Individual; Victor Frasqueri, Nicholas Casella; Jason Laurencelle as JROTC Armed Knockout Drill Winners; and Cassandra Iddings; Melissa Blake; Christina Brown; Heather Dedmon; Elizabeth Gandy; Jessica Govoruhk;Llesle Lewis; Frances Orencia; Graciela Raffler; Yashira Santiago; Michelle Torres; Lisamarie Tran; and Mary Warner for JROTC Drill Team. Jen Forst, was recognized for being named "Seminole County's Player of the Year." JROTC Member Melissa Blake, and daughter of Commissioner Michael S. Blake led the Pledge of Allegiance. City Attorney Anthony A. Garganese arrived at 6:46 p.m. Agenda Changes was discussed next: Commissioner Edward Martinez, Jr. proposed that Informational "c" be pulled and "Put together" with Regular "L." Next, Members of the Commission decided to discuss Regular "B," Regular "J," and Regular "0." It was also noted that Consent Agenda Item "A" needs to be taken off the "Table." .:. .:. AGENDA NOTE: THE FOLLOWING "CONSENT" AGENDA ITEM WAS TAKEN "OFF THE TABLE," AS DOCUMENTED. .:. .:. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MA Y 13,2002 PAGE 2 OF 32 III. CONSENT CONSENT A. Office Of The City Manager Requesting The City Commission To Consider Participation In The Under- Grounding Of Above Ground Utility Wiring In Front Of Avery Park And Tuscawilla Office Park. Mayor Partyka asked, "If someone could make a Motion to take that off the Table?" "SO MOVED." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. II. PUBLIC INPUT Ms. Nancy Dzamba, 305 Twelve Oaks Drive, Winter Springs, Florida: as the President of the Winding Hollow Homeowner's Association she thanked the City Commission for the new traffic light; and noted their appreciation for the assistance from the City and especially the Police Department when access was blocked into their subdivision due to a downed power line. Additionally, Ms. Dzamba spoke of a letter she forwarded to City Manager Ronald W. McLemore on April 22nd, in regards to the possible expansion of the Winding Hollow Park and handed out a letter which she read for the record. Ms. Dzamba read from her letter and asked for a "Wetlands study to be done and once the study is done for recommendations to be made by the City and also to have a group of Winding Hollow residents be a part of that development to try to develop what kind of park facility it could be, ifthere is anything that can be done." Commissioner Blake spoke of the suggested study and stated, "I would not vote for any further study at this point in time unless I saw a genuine desire on the part of the vast majority of residents who live in Winding Hollow to move towards the development of additional park lands." Ms. Dzamba said, "I will be more than happy to do what you are asking because I too agree with what you are saying." Commissioner David W. McLeod spoke of the eight (8) acres "Winding Hollow Park" and said to Manager McLemore, "If it is at that park location, I wouldn't have a problem with us spending some time with the people and have our parks people to take a look at that area to see what can be done to expand the facilities for the residents of that area." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETiNG - MAY 13,2002 PAGE 3 OF 32 Manager McLemore mentioned that costs and a possible environmental study may need to be considered. Commissioner McLeod stated, "Why don't we direct - the Manager to bring this back as an Agenda Item." Commissioner Blake said, "I don't have a problem- if the Manager brings it back as long as they bring back a complete record of what was done back then." Commissioner Blake added, "I have no problem with it coming back as long as it is the full and complete record and we have the appropriate level of participation of the residents that live there, not just in Winding Hollow, but with where this property is located, the folks that live over on Morningside Lane, and who's back yard it would be in also. I think those people ought to be involved too." Mayor Partyka stated, "Does everybody agree with that, at least bring back an Agenda with information? Okay." Commissioner Martinez agreed and added, "Full information." Additionally, Mayor Partyka advised Manager McLemore, "St. Johns [St. Johns River Water Management District] will come out free to - if nothing else - to semi-flag the general areas of the wetlands." Commissioner Robert S. Miller suggested to Ms. Dzamba that "Between now and when this comes up again, I think it would be in your interest to go around to all of the neighbors in your neighborhood and get a yes or no - we are interested." Ms. Dzamba stated, "I have no problem doing that, if I just know when I have to have it by." Commissioner Blake further briefly spoke for the record about previous discussions related to the nature trail/park plan. Ms. Dzamba added, "I'll be more than happy to do that for you." Mr. Gene Lein, 1173 Winged Foot Circle East, Winter Springs, Florida: asked the City Commission to vote against Consent Agenda "A" and suggested that the cost sharing should be between Tuskawilla Office Park and Avery Park. Mr. Bob Rucci, 973 Turkey Hollow Circle, Winter Springs, Florida: spoke about a meeting with a representative from the City of Sarasota on the Paw Park plan and advised the City Commission about the communications going on regarding this project. Mr. Moti Khemlani, 605 Morgan Street, Winter Springs, Florida: mentioned his concern with additional charges and Change Orders, along with who was responsible for decisions and action regarding the Tuscawilla Lighting and Beautification District; and I advised the City Commission that he would continue to be concerned with this project. Commissioner Martinez spoke about a previous vote regarding Change Orders for the Tuscawilla Lighting and Beautification District and added, "I am requesting this Commission and the City Manager that we have to find a way to stop sharing the costs of these mistakes which comes out of the City's coffers and from the pockets of the taxpayers with these people, and if they make a mistake, they should be made to handle it themselves, and not the City." Deputy Mayor Cindy Gennell arrived at 7:16 p.m. Discussion. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MAY 13,2002 PAGE 4 OF 32 Tape I/Side B Further discussion. Manager McLemore spoke on some of the issues involved and stated, "Probably - within thirty (30) days or so we will be coming back to the Commission with some wrap-up type language where hopefully we will have a good handle on all the issues at that point in time." Manager McLemore added, "Weare going to get to the bottom of all of the issues and come back to you with a report on it." Regarding additional costs, Commissioner Blake inquired, "That would include any design changes necessitated by a poor design up front by our consultant?" Manager McLemore responded, "Design changes and I think we have to bring information on why those took place and then make 'some decisions on why those took place, and then make some decisions on whether they were good decisions or bad decisions." Discussion then followed on completion dates and liquidated damages. Commissioner Blake added, "I think when you come back we would like to see a report on those as well. - what possible liquidated damages are there for a late finish or other delays." Mayor Partyka stated, "Is everybody in agreement with that?" No objections were voiced. Commissioner Martinez then said to Mr. Khemlani, "As a Member of the TLBD [Tuscawilla Lighting and Beautification District] I request that maybe you can take a look at the sloppy job that is being done on Citrus [Road] as far as the landscaping is concerned, and report back to the Board and somehow somebody should speak out on what is happening out there." Ms. Jacklynn Uzzi, 575 Walden Way, Winter Springs, Florida: Ms. Uzzi stated that she was in attendance at tonight's Meeting in response to a letter she received about the resident referenced in Regular Agenda Item "B." Ms. Uzzi is the neighbor across the street from Mr. Cariel and stated, "I really don't care if they park their oversized vehicle in their back yard." Mr. Brian Oliver, 630 Cheoy Lee Circle, Winter Springs, Florida: addressed the issue of detached garages and noted his preference. Mr. Gene Lein, 1173 Winged Foot Circle East, Winter Springs, Florida: mentioned that the "People For Good Government" have been correct from the beginning regarding various problems, and said that a previous reference to a lawsuit was a Class Action suit. Discussion followed regarding information noted on the Website of "People For Good Government. " Mr. Harold Scott, 374 Twelve Oaks Drive, Winter Springs, Florida: commented on some of the items "People For Good Government" have noted on their Website. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MAY 13,2002 PAGE 5 OF 32 Mr. Joseph Miranda, 1417 Lambert Street, Deltona, Florida: spoke about his project, Winter Springs Automotive and the related Special Exception. Discussion. Regarding the time frame for the Special Exception, Commissioner McLeod said' "I would definitely be willing to waive it at this time - unless the City Attorney can advise him otherwise. Attorney Garganese commented on Special Exceptions and advised the City Commission that "I can look at it and get back to the Commission." Manager McLemore also addressed this issue and stated, "My feeling is if you find that it is in the best interest of this community to allow this to go forward then I don't think whether it is tonight or thirty (30) days from now, it really makes a difference. Commissioner McLeod said, "I don't either. I just want to make sure thirty (30) days from now it doesn't make a difference." Manager McLemore then said, "I think the only thing I would want to know is if you would be violating any procedure that is set out and I don't know that you would. I think your City Attorney would need to advise you on that." Commissioner McLeod suggested, "I think our City Attorney will do that, and hopefully could do that by our next Meeting." Commissioner Blake added, "I would like to make sure we don't violate procedure and that the Attorney takes a look at it and lets us know." Deputy Mayor Cindy Gennell agreed and said, "I really don't want to do anything without the lawyer really looking at." Mayor Partyka said to Attorney Garganese, "Come back with something on this." Attorney Garganese stated, "I'll get back by the next Meeting." Commissioner Blake stated, "Item 'A' on the Consent Agenda, I would like to, have that pulled off for separate discussion and vote." A cake was presented to Deputy Mayor Gennell in honor of her Birthday. Mayor Partyka called a break at 7:52 p.m. The Meeting reconvened at 8:14 p.m. .:. .:. AGENDA NOTE: THE FOLLOWING "CONSENT" AGENDA ITEM WAS DISCUSSED AND VOTED ON SEPARATELY, AS DOCUMENTED. .:..:. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MA Y 13,2002 PAGE 6 OF 32 III. CONSENT CONSENT A. Office Of The City Manager Requesting The City Commission To Consider Participation In The Under- Grounding Of Above Ground Utility Wiring In Front Of Avery Park And Tuscawilla Office Park. Discussion. "I MAKE THE MOTION WE APPROVE CONSENT AGENDA ITEM 'A' TO PARTNER WITH THE AVERY PARK AND TUSKAWILLA OFFICE PARK DEVELOPMENTS TO UNDERGROUND THE CABLES." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER MARTINEZ: NAY COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE FOLLOWING "CONSENT" AGENDA ITEM WAS DISCUSSED AND VOTED ON SEPARATELY, AS DOCUMENTED. .:..:. III. CONSENT CONSENT B' Public Works Department Recommending The City Commission Approve The Interlocal Agreement Relating To Spring Avenue. Brief discussion. Commissioner Martinez asked that this be voted on separately. "I WOULD LIKE TO MAKE A MOTION THAT THE CITY OF WINTER SPRINGS ENTER INTO AN INTERLOCAL AGREEMENT WITH THE COUNTY OF SEMINOLE REGARDING THE PAVING OF SPRINGS AVENUE." MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MA Y 13,2002 PAGE 7 OF 32 VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: NAY COMMISSIONER MILLER: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE REMAINDER OF THE "CONSENT" AGENDA WAS DISCUSSED NEXT, FOLLOWED BY THE VOTE. .:..:. III. CONSENT CONSENT C. Public Works Department Recommending The City Commission Approve The Interlocal Agreement Relating To Roads Transfers. Brief discussion. CONSENT D. Parks And Recreation Department Requesting The City Commission Declare The Sand Pro #5530 Surplus To The Needs Of The City And Authorize Its Donation To Winter Springs High School. CONSENT E. Fire Department Requesting City Commission Approval To Donate Equipment To Winter Springs High School That Was Purchased Through Grant Funds. CONSENT F. Office Of The City Clerk Approval Of The Minutes Of The April 22, 2002 Regular City Commission Meeting. "MOTION TO APPROVE CONSENT, LESS ITEMS 'A' AND 'B.'" MOTION BY COMMISSIONER BLAKE. SECONDED. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MAY 13,2002 PAGE 8 OF 32 VOTE: COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. IV. INFORMATIONAL Mayor Partyka stated, "'c' as we have been requested by Commissioner Martinez, is to be moved over to - Regular 'L. ", INFORMATIONAL A. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. INFORMATIONAL B. Fire Department Requests That The City Commission Review The Results Of The City Of Winter Springs Employee Blood Drive. INFORMATIONAL C. Parks And Recreational Department Wishes To Inform The City Commission About A Potential Seminole County Funding Source For A Senior Transportation Vehicle. INFORMATIONAL D. Public Works Department Updating The City Commission On The Status Of The Tuscawilla Lighting And Beautification District Project. INFORMATIONAL E. Public Works Department Informing The City Commission Of A Public Meeting For The Fisher Road Project. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MAY 13,2002 PAGE 9 OF 32 INFORMATIONAL F. Community Development Department Requests The City Commission Consider Information About The Design And Construction Of The State Road 434 Trail Bridge. INFORMATIONAL G. Utility Department Presenting A Draft Version Of The Proposed Rate Ordinance To The City Commission. INFORMATIONAL H. Public Works Department Reporting To The City Commission Regarding The Complaint On Buttonwood Avenue. Brief discussion. Tape 2/Side A Further discussion. INFORMATIONAL I. Finance Department Requests The City Commission Review The US 17-92 Redevelopment Trust TIFF Map. Commissioner Blake stated, "When this had come up, you had asked that we receive the map and that Staff check into this to find out whether the map they use currently was indeed the map that we used originally, because I felt it went somewhat further east in many respects than it use to." Commissioner Blake further inquired, "My question is really did the map evolve to this condition or is this the map that was used from the beginning?" Manager McLemore responded, "That's another question we have to ask." Manager McLemore added, "We can do that and I guess the next thing is do we want to put ourselves in a position of challenging that - we'll answer this question at your next Meeting. " Deputy Mayor Gennell added, "This doesn't differentiate between the Longwood parcels and the Winter Springs parcels, does it? I would like to see that indication on there." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MAY 13,2002 PAGE 10 OF 32 INFORMATIONAL J. Parks And Recreation Department Requests That The City Commission Review Information On The Community Youth Organization (C.Y.O.) Supervised Basketball Summer Program At Torcaso Park. INFORMATIONAL K. Public Works Department Updating The City Commission On The Status Of The Town Center Roads Project. INFORMATIONAL L. Police Department Informing The Commission Of Its Application For Federal Grant Assistance. Brief discussion. INFORMATIONAL M. Public Works Department Reporting On The Final Status Of The Winding Hollow Traffic Signal. INFORMATIONAL N. Public Works Department Update On ADA Paratransit In Response To Previous Discussion Points By The City Commission. (This Agenda Item Will Be On The June 10, 2002 Regular Meeting Agenda.) "I WOULD LIKE TO MAKE A MOTION TO APPROVE THE INFORMATIONAL AGENDA AS PRESENTED TO US THIS EVENING." MOTION BY COMMISSIONER MCLEOD. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. COMMISSIONER MARTINEZ ASKED, "WHAT ABOUT THE CORRECTIONS THAT WERE MENTIONED?" MAYOR PARTYKA ADDED, "I AM ASSUMING ALL THE THINGS THAT WE DiSCUSSED ARE INCORPORATED INTO THAT." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MAY 13,2002 PAGE II OF 32 VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Mayor Partyka commented, "One outstanding thing here by the Winter Springs Employee Blood Drive - we actually set a new record of donating sixty-three (63) pints of blood versus the previous record of sixty-two (62)." v. PUBLIC HEARINGS PUBLIC HEARINGS A. Office Of The City Manager/Office Of The City Attorney Request That The City Commission Consider For First Reading An Ordinance To Repeal Article XI Of Chapter 6 Of The City Code Of Ordinances, Entitled Interim Services Fee. "MOTION TO READ BY 'TITLE' ONLY." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title." Mayor Partyka opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. "I WOULD LIKE TO MAKE A MOTION WE MOVE ORDINANCE 2002-18 TO A SECOND HEARING." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MAY 13,2002 PAGEI20F32 VOTE: COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER BLAKE: AYE OMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. PUBLIC HEARINGS B. Community Development Department Requests The City Commission Conduct A Public Hearing For the Second Reading And Adoption Of Ordinance 2002-03 That Would Annex A 4.88 Acre Parcel, Owned By Wayne P. And Robin R. Roberts. Attorney Garganese read Ordinance 2002-03 by "Title." Mayor Partyka opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. "I WOULD LIKE TO MAKE A MOTION TO APPROVE - ITEM 'B' - ORDINANCE 2002-03." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: DEPUTY MAYOR GENNELL: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. PUBLIC HEARINGS C. Community Development Department Requests The City Commission Conduct A Public Hearing For The Second Reading And Adoption Of Ordinance 2002-11, Which Would Change The Future Land Use Map (FLUM) Designation Of Two (2) Tracts Located West Of Tuskawilla Road, Between Milky Way And Trotwood Boulevard, From (Seminole County) Medium Density Residential To (City Of Winter Springs) Low Density Residential. Attorney Garganese read Ordinance 2002-11 by "Title." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MAY \3,2002 PAGE 13 OF 32 Mr. Earnest McDonald, AICP, Advance Planning Coordinator Community Development Department addressed the City Commission. Mayor Partyka opened the "Public Input" portion of this Agenda Item. Ms. Sharon Tackaberry, 634 Cheoy Lee Circle, Winter Springs, Florida: spoke of the excessive costs involved with providing a survey of acreage in the Oak Forest subdivision. The "Public Input" portion of this Agenda Item was closed. Discussion ensued on the need for a survey, the platting requirements, and when this should be done. Commissioner McLeod stated, "What we need Mayor is the Attorney to tell us - is it a requirement for them to have it platted or not? If not, then I think we should move forward on the issue and not force the people to spend the eleven (11) or twelve thousand dollars." Discussion followed with Attorney Garganese. Commissioner Blake then stated, "I think we can - postpone it to our next Meeting time certain. That will preserve our advertising on it, and that will give Staff an opportunity to go back and bring us the bottom line - t\vo (2) or three (3) suggestions or recommendations or ways we can get past this issue and take action on it at that time." Commissioner McLeod suggested, "I think - we should move forward with this, approve it and then recommend to the people that they come back when they have resolved this issue with their neighbors to have it platted." Further, Commissioner McLeod said that "Those folks need to go back, speak with their neighbors and bring that back as a separate Agenda Item - that would be my recommendation." Tape 2/Side B Commissioner Miller agreed with Commissioner Blake and said, "Now there is this technical problem, so I think by delaying it for two (2) weeks we address everyone's concerns. " "I WILL MOVE THAT WE MOVE FORWARD ON THIS ISSUE THIS EVENING. THAT WE DO NOT NEED TO HAVE THE PROPERTY PLATTED AND I WILL MOVE THAT - WE MOVE FORWARD FOR APPROVAL." MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MA Y 13,2002 PAGE 14 OF 32 ATTORNEY GARGANESE SAID TO THE CITY COMMISSION, "FOR GIVING THE PROPERTY A COMP PLAN DESIGNATION, PLATTING IS NOT REQUIRED. HOWEVER, FOR DEVELOPMENT PURPOSES THE CITY SHOULD NOT RECOGNIZE THAT LAND UNTIL WE HAVE A LOT OF RECORD AS DEFINED IN THE CITY'S ZONING CODE. THAT IS A SIGNIFICANT CAVEAT." FURTHER, ATTORNEY GARGANESE STATED, "THE MINUTES JUST NEED TO REFLECT COMMISSIONER McLEOD'S CONCERNS THAT - JUST FOR COMP PLAN [COMPREHENSIVE PLAN) PURPOSES, WE WON'T NEED A PLAT, BUT PROPERTY OWNER BEWARE, FOR DEVELOPMENT PURPOSES, YOU ARE GOING TO NEED A LOT OF RECORD." VOTE: COMMISSIONER MILLER: NAY COMMISSIONER McLEOD: AYE DEPUTY MAYOR GENNELL: NAY COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: NAY MOTION DID NOT CARRY. "I WOULD LIKE TO MAKE A MOTION THAT WE POSTPONE SECOND READING AND ADOPTION HEARING OF ORDINANCE 2002-11 TO THE JUNE 10TH REGULARLY SCHEDULED MEETING AS A PUBLIC HEARING ITEM PRESERVING ADVERTISING FROM TONIGHT." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: DEPUTYMAYORGENNELL: AYE COMMISSIONER MARTINEZ: NAY COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: NAY MOTION CARRIED. PUBLIC HEARINGS D. Community Development Department Requests The City Commission Conduct A Public Hearing For The Second Reading And Adoption Of Ordinance 2002-12, Which Would Change The Zoning Designation Of Two (2) Tracts Located West Of Tuskawilla Road, Between Milky Way And Trotwood Boulevard, From (Seminole County) A-I Agricultural To (City Of Winter Springs) PUD. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MA Y 13,2002 PAGE 15 OF 32 "I WOULD LIKE TO MAKE A MOTION THAT WE POSTPONE THE SECOND READING AND ADOPTION HEARING OF ORDINANCE 2002-12 TO THE NEXT REGULARLY SCHEDULED MEETING - JUNE 10TH PRESERVING ADVERTISING FOR THE PUBLIC HEARING." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER McLEOD: NAY DEPUTY MAYOR GENNELL: AYE COMMISSIONER MARTINEZ: NAY COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. PUBLIC HEARINGS E. Community Development Department Requests The City Commission Consider The Objections, Recommendations And Comments (ORC) Report Received From The Department Of Community Affairs (DCA), Along With The Recommendations Of Land Design Innovations (LDI) And Adopt The Evaluation And Appraisal Report (EAR) Based Amendments To The Comprehensive Plan. Mr. McDonald introduced this Agenda Item. Discussion followed on twenty-five foot (25') buffers. "I AM ONLY TALKING IN REGARD TO THE SPECIFIC QUESTION OF A TWENTY-FIVE FOOT (25') BUFFER ON WETLANDS - I WOULD MAKE A MOTION THAT WE RETAIN THE LANGUAGE AS IT ALREADY WAS AND WE DIRECT STAFF TO DO SOME WORK AND BRING US BACK A PROPOSED TEXT AMENDMENT FOR - SECOND ROUND OF 2002 FOR SOME ALTERNATIVE SOLUTIONS THAT WOULD GRANT US FLEXABILITY IN AREAS THAT WOULD - PROTECT WETLANDS THAT OTHERWISE MIGHT BE DESTROYED." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MAY 13,2002 PAGE 16 OF 32 Commissioner Blake inquired of Mr. McDonald, "Policy 4.2.1 - has that been altered at all?" Mr. McDonald responded by saying, "Actually it has." With brief discussion, Commissioner Blake stated, "It still does not get us to where we once were - in terms of an improved statement." Discussion. "Mixed Use" and transitional areas was next discussed. Regarding the size of buildings and the possible impact on nearby residences, Commissioner Blake suggested, "Maybe it just needs a language tweaking to make sure that we are talking about a reduction or lack of transition requirement internally in the project but still addresses some protection when that particular development is adjacent to a project or a development that is maybe pre- existing or not, that's not within the 'Mixed Use' district." Manager McLemore offered, "Change the language a little bit that says that the building heights would be planned within the unit so as - to create a transition between the 'Mixed Use' and those surrounding uses." Commissioner Blake was in agreement with Manager McLemore's suggested verbiage. Tape 3/Side A Further discussion continued on transition areas and "Mixed Use" districts. Mayor Partyka stated, "This Commission has to decide right now - whether to leave that statement that was 4.2.4 before or eliminate it - this Commission has to decide that right now, either eliminate it, therefore that creates no transition areas or leave it there which creates some kind of transition." Manager McLemore stated, "If that was in effect - when you had a 'Mixed Use' development being developed next to an existing lower density development - but I don't see Town Center being defined in your Comp Plan [Comprehensive Plan] as a 'Mixed Use' development." Deputy Mayor Gennell stated, "I would suggest that we use the City Manager's verbiage, I think that would address most of the concerns raised by Commissioner Blake and that is 'Pre-existing low density.'" Manager McLemore added, "I would recommend when you are dealing with 'Mixed Uses,' not with the Town Center." Furthermore, Deputy Mayor Gennell said, "I suggest that we use the word 'Pre-existing' in there." "MY MOTION WAS TO INSERT THE WORD 'PRE-EXISTING.'" MOTION BY DEPUTY MAYOR GENNELL. MAYOR PARTYKA ASKED, "THAT INCLUDES FOR 'MIXED USE,' NOT TOWN CENTER ZONING, RIGHT?" DEPUTY MAYOR GENNELL RESPONDED, "CORRECT - 'MIXED USE.'" SECONDED BY COMMISSIONER MILLER. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MAY 13,2002 PAGE 17 OF 32 VOTE: DEPUTY MAYOR GENNELL: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. Further discussion. Mayor Partyka opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. "I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE ITEM 'E' AND FORWARD IT TO DCA [DEPARTMENT OF COMMUNITY AFFAIRS] - WITH THE CHANGES THAT HAVE BEEN STIPULATED." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER MILLER. DISCUSSION. ATTORNEY GARGANESE READ ORDINANCE 20ot-55 BY "TITLE" AND STATED, "THE DISCUSSION WE HAD REGARDING THE 'MIXED USE' AND 'PRE-EXISTING' USES THAT ARE LOCATED SURROUNDING THE 'MIXED USE' DESIGNATION - THAT CONCEPT WOULD NEED TO BE CARRIED FORWARD TO ATTACHMENT 'A' REGARDING THE GREENEWAY INTERCHANGE, AND WE WOULD MAKE THE NECESSARY AMENDMENTS TO POLICY 3.4.3." VOTE: COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MAY 13,2002 PAGE 18 OF 32 PUBLIC HEARINGS F. Office Of The City Manager Presents To The City Commission, The First Reading Of Ordinance Number 2002- 19, Which Will Convey Tract H Of Parkstone Unit 2, To The Parkstone Community Association Via A Quit Claim Deed. Mayor Partyka stated, "I need a Motion to read by 'Title' only." "SO MOVED." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title." Mayor Partyka opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. With discussion on the conveyance of property, Commissioner Blake stated, "I would like to have a 'Whereas' in here - 'Whereas the roads were originally conveyed to the City in error - for whatever reason.'" Attorney Garganese said, "I will put that in the Ordinance. " "MOTION TO MOVE TO SECOND READING - WITH THE LANGUAGE INDICATED." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: DEPUTY MAYOR GENNELL: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MAY 13,2002 PAGE 19 OF 32 PUBLIC HEARINGS G. Office Of The City Manager/Office Of The City Attorney Request That The City Commission Consider Second And Final Reading Of Ordinance Number 2002-13 Requiring That All Dumpsters Located Within The City Satisfy Minimum Screening And Design Requirements. Attorney Garganese read the Ordinance by "Title." Mayor Partyka opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. Commissioner Miller stated that "in 2. (c), I would like to see the 'Concrete wall' changed to read that the facility, in other words the dumpster be screened by an opaque wall of concrete, wood, or other acceptable material." Discussion. Deputy Mayor Gennell said, "Any of these quadraplexes or let's just say some of these places along Sheoah, Baytree - they currently use dumpsters and would find it too cost prohibitive or whatever, for whatever reason they don't want to site it; they would have the option of going to individual pick-ups?" Manager McLemore stated, "I don't think that is prohibited in the Ordinance, but I would rather check it." Further discussion. "I MOVE TO APPROVE ORDINANCE 2002-13." MOTION BY DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. ATTORNEY GARGANESE STATED, "WE DO HAVE AN ORDINANCE - CITY OF WINTER SPRINGS - 19-1., REQUIRING MULTI-FAMILY RESIDENTIAL OWNERS TO PROVIDE COMMERCIAL OR INDUSTRIAL SIZE DUMPSTERS TO ADEQUATELY ACCOMMODATE THE VOLUME OF GARBAGE GENERATED BY THE PROPERTY AND ITS TENANTS." DEPUTY MAYOR GENNELL THEN ASKED MANAGER McLEMORE, "ARE THE QUADRAPLEXES MULTI-FAMILY UNITS?" MANAGER McLEMORE STATED, "YES." DEPUTY MAYOR GENNELL THEN SAID, "THEN SOMEBODY NEEDS TO CHECK - BUT THE TWO (2) OF US THINK THAT THERE ARE PROBABLY NO DUMPSTERS AT CORY LANE - THAT'S ACROSS FROM THE POLICE DEPARTMENT; THAT THERE ARE NO STREET PICK-UPS THERE. IF THAT ORDINANCE IS CORRECT, THEN THEY NEED DUMPSTERS." MANAGER McLEMORE STATED, "MY QUESTION WAS, WHEN DID THAT DEVELOPMENT TAKE PLACE AND WHEN WAS THIS ORDINANCE ADOPTED?" CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MAY 13,2002 PAGE 20 OF 32 Mayor Partyka again opened the "Public Input" portion of this Agenda Item. Mr. Shane Doran, James Doran Company, 216 Seven Farms Drive, Suite 200, Charleston, South Carolina: spoke of his concern with water and sewer going to these, and the possible expenses involved with this. The '_'Public Input" portion of this Agenda Item was closed. With discussion, Manager McLemore said, "I want to check this, but I believe that there is a precedent and a standard out there where you don't have to have the wash downs, if everything that goes into the container is bagged - plastic bagged." Manager McLemore added, "We can research that and bring it back for an amendment." VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. PUBLIC HEARINGS H. Office Of The City Manager/Office Of The City Attorney Request That The City Commission Consider First Reading Of Ordinance 2002-14 To Amend Section 6-84. Of The Winter Springs Code Regarding Accessory Buildings And Detached Garages. Mayor Partyka said, "I need a Motion to read by 'Title' only." "SO MOVED." MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE DEPUTYMAYORGENNELL: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. Attorney Garganese read Ordinance 2002-14 by "Title." Brief discussion. Tape 3/Side B CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MAY 13,2002 PAGE 21 OF 32 Further discussion ensued on principal buildings and accessory buildings and Commissioner McLeod stated, "This is saying that you can't build a building - on (11) here, if there isn't already a structure on that property that's a homesite - and I don't think we should restrict people to that." Commissioner Martinez suggested, "Perhaps we can remove that last sentence in (11) where it says, 'No detached garage shall be permitted prior to construction of the principal building.' and that should remove the opposition." Deputy Mayor Gennell inquired about property sizes and said, "On 6-84. (b), the height size restrictions, the maximum size of any structure - that's what the gentleman brought up before, is 240 square feet. Now if he owns a larger piece of property, really why should he be limited to a twelve (12') by twenty foot (20')?" Furthermore, Deputy Mayor Gennell stated, "I do think that there should be some provision in there for the size of the lot." Additionally, Deputy Mayor Gennell said that when this Item returns, "I would like to see some provision - for a larger property - having larger square footage allowable in the accessory building." Mayor Partyka said, "I need a Motion to extend this Meeting." "SO MOVED." MOTION BY DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: NAY COMMISSIONER MILLER: AYE MOTION CARRIED. Commissioner Martinez departed the Meeting at 11 :03 p.m. Further discussion followed on such situations as a tool shed being built next to another property, and how such a structure may not be a problem in an area such as the Ranchlands. Commissioner McLeod said to Manager McLemore, "If you want exception areas, then this Ordinance should say that. If you want certain things different for certain size pieces of property it should say that - it doesn't say that. It says - we are not going to do this; and I think the Ranchlands, there are other parcels besides the Ranchlands, even my neighborhood has different things that could happen and to break it down that you can only have two (2) sheds even, when people own twenty (20) and forty (40) acres in my neighborhood would not be fair either or two (2) out buildings because some of them already have five (5) or six (6), so I think that has to be considered - and this Ordinance doesn't cover it." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MAY 13,2002 PAGE 22 OF 32 "MY MOTION IS BASICALLY TO SEND THIS BACK TO THE DRAWING BOARD AND HAVE IT RE-WORKED AND BROUGHT BACK TO US. AT THIS TIME, I THINK THERE ARE SEVERAL ISSUES I BROUGHT UP THAT I DISAGREE WITH AND I THINK YOU NEED TO LOOK AT THEM." MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. DEPUTY MAYOR GENNELL STATED, "I JUST WANT TO POINT OUT THAT WHEN IT'S SENT BACK, WHICH I HOPE IT IS, THAT IT NEEDS TO BE CLEANED UP AND YOUR DEFINITIONS NEED TO BE MORE WELL OUTLINED, AND I WILL TELL YOU WHY - BECAUSE WHEN I BROUGHT UP BEFORE ABOUT THE MAXIMUM SIZE OF AN ACCESSORY BUILDING - YOU POINTED OUT THAT THAT WAS AN ACCESSORY BUILDING, NOT A DETACHED GARAGE. AND THE GENERAL UP HERE ON LINE (a) OF 6-84., 'ACCESSORY BUILDING' MEANS AN ENCLOSED DETACHED SUBORDINATE STRUCTURE. FINE, THEN WHEN YOU GO BACK HERE TO PAGE 4 OF 6 ON LINE FIVE (5) WHERE YOU SET THE SIZE OF A DETACHED GARAGE - BUT, IF YOU GO THREE (3) LINES UP ON NUMBER (3), IT SAYS A 'DETACHED GARAGE SHALL BE AN ACCESSORY STRUCTURE.' I JUST THINK YOU NEED TO CLEAN IT UP A LITTLE BIT." VOTE: COMMISSIONER McLEOD: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: NAY MOTION CARRIED. .:. .:. AGENDA NOTE: THE FOLLOWING "REGULAR" AGENDA ITEMS WERE DISCUSSED IN THE ORDER AS DOCUMENTED. .:. .:. VI. REGULAR REGULAR O. Office Of The City Manager Presents To The Commission The Request Of JDC Calhoun, Inc. (JDC) To Approve The Design For The State Road 434 Town Center Entry Features. Mr. Doran addressed the Commission and reviewed some of his plans for the proposed sIgnage. Mr. Charles Carrington, Community Development Department Director reviewed criteria and recommendations from Staff related to the proposed signage. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MAY 13,2002 PAGE 23 OF 32 Attorney Garganese left the Commission Chambers at 11:20 p.m. Manager McLemore addressed the Commission and presented a photograph of a "Monument-type" sign from "Cityplace" in West Palm Beach, Florida. Discussion followed on the mass of the proposed signage. Commissioner Blake left the Commission Chambers at 11:25 p.m. Manager McLemore then presented a "Clock tower" feature and explained that "Victor [Dover, Kohl & Partners] took a day and a half reviewing signage from different Town Centers and came up with this as a way to try to meet Shane's [Doran] needs, plus maintain that particular architecture." Furthermore, Manager McLemore stated that "We, were trying to accomplish his needs without putting any monument sign on Main Street." Discussion followed with Mr. Doran who spoke of his concerns and constraints; and the problems with the water feature. Mr. Kevin Collins, Avid Engineering, 7208 West Sand Lake Road, Suite 304, Orlando, Florida: as Design Engineer, Mr. Collins addressed the Commission on behalf of Mr. Doran on the water and curbing, and potential problems that may affect the proposed "Wendy's" building. Discussion followed on the two (2) possible kinds of signage being suggested by Manager McLemore and Mr. Doran. Tape 4/Side A Mr. Doran stated, "That the height complies with the original criteria set forth, because I will agree to that right now." Manager McLemore stated, "I cannot support a monument sign on Main Street - I am saying something of this nature at the second location, this would be great on [State Road] 434." Commissioner McLeod asked that "Another concept of your clock tower" be shown to those in attendance. Discussion followed on how the suggested signage has evolved. Commissioner Blake returned to the Commission Chambers at 11:35 p.m. Attorney Garganese returned to the Commission Chambers at 11:35 p.m. Further, Commissioner McLeod stated, "The developer needs a little more signage space. I think I heard he said he had agreed to do this on [State Road] 434. You said you agreed on [State Road] 434. Is that correct?" Manager McLemore responded, "Yes." Commissioner McLeod then said, "Ron [McLemore], I think you are showing a block structure, isn't that correct Shane [Doran]?" Mr. Doran explained, "It's coquina and CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MAY 13,2002 PAGE 24 OF 32 granite. I couldn't think of a nicer sign." Commissioner McLeod then suggested to Mr. Doran, "Do a face on the sign, not in the granite area, but the coquina area that would match the buildings - same texture. It should be cheaper for you to do that." The colors of the "Wendy's" and the "Publix" signs was the next discussion point. Commissioner McLeod then stated, "Let's give you your colors on this Shane. How about give us that on Main Street and put your other element unless you want to put the same element on [State Road] 434, I think your cost for the two (2) of them would be cheaper than what you proposed. And I think you both could put this thing to rest. I think you have got a little bit more height. The Manager is saying our consultant is saying give him more height, give him a little more square footage. Let's work out the square footage areas that you need and let's work out the colors and let's put this thing to bed. If both of you can agree to that, I would have to take you at your word - you could get that worked out very quickly, if the rest of the Commission agreed to that." Mr. Doran stated, "Would you agree to this with the same fifty foot (50') copy area that we had before - or whatever it was, I don't remember exactly." Manager McLemore stated, "Thirty-six (36) square feet." Mr. Doran then said, "Thirty-six (36) square feet - the same area that we had before and the same location?" Manager McLemore stated, "Yes. He would have eighteen (18) square feet of copy area on both sides for a total of thirty-six (36) square feet. It would be in the same location - and Victor [Dover] showed it in the same location - and except at the bottom you would probably have Winter Springs Town Center down here..." Mr. Doran then inquired, "What is it made of?" Manager McLemore stated, "It could be stone, or brick to match the building." Commissioner McLeod added, "I think the real true answer to that is it should match the buildings." Furthelmore, Mr. Doran said, "Ron [McLemore] would you accept it if I came back with two (2) clock towers - you would obviously consider that on [State Road] 434 as well, since that is your preference." Manager McLemore responded, "Sure." Commissioner McLeod concluded by saying, "I think the colors are important." Further discussion followed on the verticality of the suggested tower structures or clock tower structures, and whether there would be plant material at the bottom of the signs. Regarding the proposed signage, Deputy Mayor Gennell added, "I am also having a little trouble picturing two (2) different kinds of signage on the same project. I was hoping that we would have something that sort of was in agreement with each other." Additionally, Deputy Mayor Gennell said, "I like what he brought forward. It looks nice and it is based on something you showed him, so I am not understanding why it didn't get scaled to size, to what the size that's available there." Mr. Doran explained, "That was an error on my part. I instructed the engineer to do one smaller, and they just did the 434 and turned it in." Deputy Mayor Gennell then said to Mr. Doran, "So, you are willing to do one smaller on Main Street?" Mr. Doran stated, "I am..." Deputy Mayor Gennell added, ".. .Ofthat type?" CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MAY 13,2002 PAGE 25 OF 32 Deputy Mayor Gennell said to the Commission, "I can live with either one, it's just that I would like whatever we do to be the same in both places." Commissioner Blake stated that he liked the clock tower concept. Commissioner Miller stated, "I don't have any problem with [State Road] 434 - and I think vertical on Main Street probably is a much better idea than taking up a lot of space on the curb with a monument. This one, you could probably put seating areas around it too, maybe if you get it up high enough." Mr. Doran added, "I had wanted them the same and that is what I really thought you all wanted, but I am willing to explore anything. I feel a real sense of cooperation between myself and the City." Additionally, Mr. Doran stated, "I would be okay with this like it is, something like this if a subcommittee is formed and Mr. McLeod with his construction experience is on that subcommittee to follow the design progress of this, and I will work in good faith with that committee." Mayor Partyka said to Mr. Doran, "Are you happy with where this is going?" Mr. Doran replied, "This is too vague - I don't know how it's made up; I don't know how tall it is; I don't know anything about it. So, I will agree to this concept as long as this is approved as is - and Mr. McLeod and whoever else - all of you if you would like, are involved in a subcommittee to study this before it is presented to you." Commissioner Miller stated, "You were pointing at this and saying that you had agreed to this..." Mr. Doran said, ".. .On 434, and on Main Street, we are talking about doing possibly a clock tower feature." Further, Mr. Doran explained, "I am proposing that it is - [State Road] 434 - there was an error in the submission - they just submitted [State Road] 434, there is no separate drawing or separate size shown for Main Street, and that was my error." Commissioner Miller stated, "I would be willing to nominate Commissioner McLeod to work with you on that." Mayor Partyka said, "Mr. Doran, are satisfied that this is sufficiently clear for you to at least go on from this point?" Mr. Doran responded, "I think so, as long as - this is conceptual, but I have tried to provide not only for my present tenants needs but for future tenants." Additionally, Mr. Doran said, "I would say that if Victor Dover is going to be integral to the process of developing this that he be involved through the process." Commissioner McLeod pointed out that "I think that we have just told him he could have the red and have the green on the sign, so I would hope that becomes part of the Motion, as part of the concessions that he is willing to make." Mr. Doran added, "And the future tenants can be you know, be colored as well, that's the trend." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MAY 13,2002 PAGE 26 OF 32 Commissioner Miller then stated, "My suggestion would be that the City Manager instruct Victor Dover to get very active in this right at the start - with his architect." Commissioner McLeod added, "I would be more than happy to sit on that." "I WILL GO AHEAD AND MAKE A MOTION THAT WE ENTER INTO AN AGREEMENT WITH - CAPITAL GREEN 1, LLC - A LIMITED LIABILITY CORPORATION - TO ALLOW - AND I WANT THAT DRAWING TO BE LISTED AS EXHIBIT 'A' PLEASE RON - YOU HAVE THAT DRAWING THERE IN FRONT OF YOU - THIS IS THE DRAWING OF THE PROPOSED SIGNAGE FOR [STATE ROAD] 434 - TO INCLUDE THE WATER TREATMENT AND BLACK GRANITE, COQUINA - WHERE THE SIGNS WOULD BE ALLOWED TO HAVE THEIR COMPANY LOGO, DEFINED COLORS ON THAT; AND THAT OUR DESIGN FOLKS WILL WORK WITH THEIR DESIGN FOLKS ALONG WITH COMMISSIONER McLEOD AND DEPUTY MAYOR GENNELL TO BRING BACK TO THE COMMISSION A NEW SIGN UTILIZING THE VERTICAL CLOCK TOWER TYPE OF DESIGN TO THIS COMMISSION FOR MAIN STREET - THAT WILL BE EXHIBIT 'B' - BUT THAT DRAWING, EXHIBIT 'B' IS CONCEPTUAL." MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. MAYOR PARTYKA SAID, "I WILL CAUTION YOU THAT YOU HAVE COMMISSIONER McLEOD AND COMMISS][ONER GENNELL ON THE SAME COMMITTEE - THAT THEY ALL HAVE TO BE POSTED, AND THEY ALL HAVE TO HAVE MINUTES AND DO IT PROPERLY, OKAY." VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. Regarding a time frame, Commissioner McLeod added, "I would still like to see us resolve this thing within forty-five (45) days - or less. A maximum of forty-five (45)." Manager McLemore left the Commission Chambers at 12:05 a.m. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MAY 13,2002 PAGE 27 OF 32 REGULAR B. Community Development Department - Code Enforcement Division Requests The City Commission Considers '['he Request Of Danny Cariel, 574 Walden Way To Park His Over-Sized Recreational Vehicle At His Residence. Ms. Jimette Cook, Manager, Code Enforcement Division, Community Development Department introduced this Agenda Item. Mr. Danny Cariel, 574 Walden Way, Winter Springs, Florida: addressed the Commission regarding his request. Brief discussion. Manager McLemore returned to the Commission Chambers at 12:07 a.m. "I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE MR. CARIEL'S COACH, THIRTY-ONE FOOT (31') TO BE PARKED IN BEHIND THE FENCE IN THE BACK YARD, FOR ONE (1) YEAR." MOTION BY COMMISSIONER McLEOD. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MILLER: NAY MOTION CARRIED. REGULAR C. Parks And Recreation Department Requesting The City Commission To Authorize The City Manager To Execute The Agreement Between The City Of Winter Springs, And The Winter Springs Festival Of Arts, Inc. For A Winter Springs Art And Music Festival. "I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE ITEM C." MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER MILLER. DISCUSSION. COMMISSIONER BLAKE SPOKE OF HIS CONCERN WITH NEEDING TIME TO DISCUSS THE CONTRACT. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING- MAY 13,2002 PAGE 28 OF 32 VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: NAY DEPUTYMAYORGENNELL: AYE MOTION CARRIED. REGULAR J. Office Of The City Manager Requesting The City Commission Acting As The D.R.C. To Approve A Sidewalk Design Change For Morrison Homes At Avery Park. Manager McLemore introduced this Agenda Item. Discussion. "MOTION TO APPROVE." SECONDED. DISCUSSION. MOTION BY COMMISSIONER BLAKE. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. REGULAR D. Community Development Department Requests The City Commission Consider An Annexation Agreement That Would Authorize The Extension Of City Water And Sewer Services To An Unincorporated Tract Owned By George And Yvonne Meier. Mr. Carrington addressed the Commission regarding this Agenda Item. Tape 4/Side B Deputy Mayor Gennell asked, "If the County gave us Orange Avenue, would that be contiguous?" Manager McLemore stated, "Yes." Deputy Mayor Gennell then inquired, "Then why did we give them Orange Avenue, rather than taking it." Discussion followed on the maintenance involved with this. Manager McLemore then said, "We can pursue that if you want to." Further discussion followed regarding the City providing water and sewer and annexation. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MAY 13,2002 PAGE 29 OF 32 Deputy Mayor Gennell then stated, "It was on tonight's Agenda and we already moved on it. We can go back and revisit it." Commissioner Blake asked that, "Staff could just point out to me where in here is the twenty-five percent (25%) surcharge language?" With discussion, Commissioner Blake added, "One Ordinance that we could adopt is one that annexes this property." Attorney Garganese stated, "We will take a look at that." Manager McLemore added, "We will look at that and if we think we can do it, it will be on - the first Meeting in June." Commissioner Blake then said, "I would prefer to Table this until that time." Attorney Garganese then stated, "If you approve this Agreement, it is in essence a petition to annex." "MOTION TO APPROVE." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. COMMISSIONER BLAKE ADDED, "WITH THE LANGUAGE OF THE SURCHARGE INCLUDED." VOTE: DEPUTY MAYOR GENNELL: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. Members of the Commission discussed another Meeting for the continuation of this Meeting. With discussion, the Commission agreed to meet on Monday, May 20th, 2002, beginning at 6:30 p.m. VIII. ADJOURNMENT Mayor Partyka asked, "Is there a Motion to adjourn." MOTION BY DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: DEPUTY MAYOR GENNELL: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Mayor Partyka adjourned the Meeting at 12:28 a.m. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MAY 13,2002 PAGE 30 OF 32 .:..:. AGENDA NOTE: THE FOLLOWING ITEMS WERE NOT DISCUSSED AT THIS MEETING. .:..:. VI. REGULAR REGULAR A. Office Of The City Manager Requesting The City Commission To Consider A Supplemental Appropriation Of $10,000.00 To Cover The Cost Of The Newsletter For FY 2001. REGULAR E. Community Development Department Requests The City Commission Receive A Sublease Agreement For The 5.92 Acre Blumberg Tract Acquired For Greenspace Within The Town Center. REGULAR F. Community Development Department Requests Authorization To Submit The Florida National Scenic TraiVCross Seminole Trail (FNST/CST) Management Plan To The Board Of Trustees Of The Internal Improvement Trust Fund. REGULAR G. Finance Department Requests The City Commission Review The FY 02 YTD Financial Report For The General Fund. REGULAR H. Public Works Department Presenting Information On Traffic Calming To The City Commission And Requesting A Workshop Date Be Established. REGULAR I. Parks And Recreation Department Requesting The City Commission To Make The Remaining Appointment To The Newly Established Paw Park Committee. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MAY 13,2002 PAGE 31 OF 32 REGULAR K. Finance Department Requests The City Commission Adopt Resolution Number 2002-18 Amending The FY 02 Budget. REGULAR L. Fire Department Requesting The City Commission To Discuss Senior Transportation And To Provide Further Direction. REGULAR M. Finance Department Requesting The City Commission Approve Resolution 2002-19 And 2002-20 Establishing Investment Accounts With Morgan Stanley Dean Witter And Salomon Smith Barney, Respectively And Authorize The City Manager And/Or The Finance Director To Enact Investment Transactions On Behalf Of The City. REGULAR N. Office Of The Mayor Mayor Paul P. Partyka Requests That The City Commission Consider Setting The Agenda For A Joint Meeting With The City of Oviedo City Council. REGULAR P. Office Of The City Manager Providing The City Commission With Information Pertaining To The Seminole County Archeological Survey. (At The Request Of Deputy Mayor Cindy Gennell, This Agenda Item Will Be On A June 2002 Regular Meeting Agenda.) REGULAR Q. Office Of The City Manager Requesting Direction From The City Commission Regarding Special Exception For Signs And Other Permits. REGULAR R. Office Of The City Manager Requesting The City Commission To Decide Issues Related To The City Managers Annual Review. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MAY 13, 2002 PAGE 32 OF 32 VII. REPORTS REPORTS A. City Attorney - Anthony A. Garganese, Esquire REPORTS B. City Manager - Ronald W. McLemore REPORTS C. City Clerk - Andrea Lorenzo-Luaces REPORTS D. Commission Seat One - Robert S. Miller REPORTS E. Commission Seat Two - Michael S. Blake REPORTS F. Commission Seat Three - Edward Martinez, Jr. REPORTS G. Commission Seat Four/Deputy Mayor - Cindy Gennell REPORTS H. Commission Seat Five - David W. McLeod REPORTS I. Office Of The Mayor - Paul P. Partyka :~ < ~~, r3;. ~ <;7 v ~P~BL p..~PART'tK:A: ~ ;; "M-~~ ~OR~-~ ~~~, :.J; i A~ ~~'~~, ~ ~/:. "~-~. '", --' -'~-:::~' ~ ~ y ;---.. - .' ~~'"":~<..' NOTE: These iV!il)utes were aRl~roved at the June 10,2002 Regular City Commission Meeting. ~..:"'- ,~ "'~~~""" ,.