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HomeMy WebLinkAbout_2002 07 08 City Commission Regular Minutes CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING JULY 8, 2002 I. CALL TO ORDER The Regular Meeting of July 8, 2002 of the City Commission was called to order by Mayor Paul P. Partyka at 6:39 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, present Commissioner Robert S. Miller, arrived at 6:44 p.m. Commissioner Michael S, Blake, present Commissioner Edward Martinez, Jr., present Commissioner David W. McLeod, present City Manager Ronald W. McLemore, arrived at 6:41 p.m. City Attorney Anthony A. Garganese, present The Pledge of Allegiance followed a moment of silence. Agenda Changes were next discussed: Commissioner Edward Martinez, Jr. reminded the Commission that he had asked that Consent "B" be discussed with a related Regular Agenda Item from the previous Meeting. City Manager Ronald W McLemore arrived at 6:41 p.m. Regarding the recent Fourth of July event, Mayor Partyka stated, "Anybody that has been at a Fourth of July Fireworks Celebration - all the years that I have been here - I really think that was the best coordinated event that we have had between the City; the departments - especially the Police and Fire, Public Works, and Parks and Recreation, did an outstanding job, in spite of the rain - all of the people did an outstanding job. And they are to be commended and that is a reflection again on what you have done City Manager, and all of the people involved. So I just wanted to say at least on behalf of myself and most likely this Commission, that you have done an outstanding job." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 8, 2002 PAGE 2 OF 32 II. PUBLIC INPUT Mr. Gene Lein, 1173 East Winged Foot Circle, Winter Springs, Florida: spoke on behalf of the "People For Good Government" about members of the Tuscawilla Homeowner's Association; the "TLBD" lawsuit; and former Members of the City Commission. Commissioner Robert S. Miller arrived at 6:44 p.m. Ms. Lori Bosse, 1004 Gator Lane, Winter Springs, Florida: remarked about problems with her neighbors and the recent installation of a fence. Ms. Bosse also commented on recent investigations; and a possible Variance. Discussion followed on matters related to a suggested Variance. City Attorney Anthony A. Garganese stated, "It is my understanding that if she is discussing a Variance request - Variances have to go to the Board of Adjustment for a recommendation to the City Commission and there is a procedure that needs to be complied with." With discussion, Manager McLemore stated, "I would really like to bring this back to the Commission at another Meeting with an Agenda Item and layout your alternatives." Commissioner Miller added, "I would like to see it brought back as an Agenda Item." Commissioner Martinez said to Manager McLemore, "Bring this back as an Agenda Item." Mayor Partyka summarized the discussion to Ms. Bosse in that, "We are going to put this on the Agenda for two (2) weeks from now - and hopefully the City Manager and the City Attorney will come back with some various options and then maybe potentially make a decision at that point." Commissioner Michael S. Blake asked Ms. ]imette Cook, Code Enforcement Division Manager, Community Development Department, "Is there a Code citation - Code Board citation outstanding on this?" Ms. Cook responded, "Yes sir, we are holding it in abeyance - giving Ms. Bosse the opportunity to seek a Variance or relief from the Commission, but we do have it scheduled for the 16th - we can hold that in abeyance however." Ms. Pennie Roopnarine, 1161 Baltic Lane, Winter Springs, Florida: asked if an Agenda Item related to her property could be heard earlier in the Meeting. Mayor Partyka stated, "We will move that up to the front of the - Regular Agenda." Mr. Myron Fouler, 208 Heatherwood Court, Winter Springs, Florida: thanked the Tuscawilla Homeowner's Association for the meeting with Manager McLemore and remarked about the proposed Arbor Committee. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 8, 2002 PAGE 3 OF 32 Ms. Carol Fottler, 208 Heatherwood Court, Winter Springs, Florida: documents were distributed and Ms. Fottler spoke of recent remarks made by Moti Khemlani and explained some of the differences between "Concerned Citizens of Winter Springs" and "People For Good Government." Mr. Mike Schrimsher, 600 Colonial Drive, Suite 100, Orlando, Florida: pointed out that the boundary between the Town Center and Commercial "Is incorrect on our property - that it bisects our property on the south side of [State Road] 434 and results in it being incorrect on the north side as well because of where it intersects." Mr. Schrimsher noted for the record that regarding the proposed Ordinance 2002-07, that "Mini-storage" was not included in this Ordinance, and commented on retail. Ms. Sharon Tackaberry, 634 Cheoy Lee Circle, Winter Springs, Florida: stated that due to vacation, she had been unable to provide Commissioner McLeod with "The material that he needed to see if he could get a better quote for a survey." Ms. Tackaberry then advised the Commission that she had spoken with Ms. Sandy Bierly and that "She would see what she could do also to help us." Ms. Tackaberry then requested additional time. Further, Ms. Tackaberry stated that flo'oding from the "Detention" pond has spilled mud into the last 2 Yi lots. Mayor Partyka said to Manager McLemore, "You will check into the mud issue?" Manager McLemore stated, "I will. I suspect most of it is coming off the land that has been cleared but we will certainly check it." Mr. Mervin Warner, 673 Keuka Court, Winter Springs, Florida: remarked about Liens, and that the Code Enforcement Board recently made a decision regarding Liens, and stated that "We did not have enough information to make a good decision as to what a reduction would be." Mr. Werner also asked about the "TLBD" project and inquired "When is it going to be finished?" Additionally, Mr. Werner commented on poor quality sod that was laid and asked if this was proper. Mr. Moti Khemlani, 605 Morgan Street, Winter Springs, Florida: spoke on the removal of Board/Committee Members; the recent removal of a Board Member from one of the City's Advisory Committees; and remarked about the number of meetings that the Tuscawilla Lighting and Beautification District Advisory Committee had held. Discussion ensued on the removal of Advisory Board and Committee Members and a recent Memorandum regarding five (5) individuals who due to absences which exceeded the permitted limit, are no longer legally eligible to serve on the respective Boards/Committees. Regarding this matter, Commissioner Martinez stated, "At the last meeting we went down the line from Seat One all the way down to Seat Five and we made appointments. I appointed or reappointed Ms. Louise Allen - it doesn't appear in the Minutes. I recall it specifically because it was the only person I had listed on there that had to be appointed. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 8, 2002 PAGE 4 OF 32 It does not appear in the Minutes. Second of all, there is a conflict between the Ordinance, the Resolution, and the old Ordinance." Commissioner Martinez further stated that regarding the conflicts that "We need to straighten that out before we start exercising this right to - dismiss people from the Boards because they have missed three (3) or five (5) meetings in a year." Deputy Mayor Cindy Gennell then stated, "There is a conflict. I think we need to ask the City Manager, City Attorney to bring it back to us and to get these different requirements to agree with one another. This is craziness to have Boards saying different things." Tape I/Side B Discussion ensued on a recent Advisory Committee Member who had been removed from further service, Attorney Garganese stated, "I will be happy to look at those other five (5) with the City Clerk." Manager McLemore added, "It is true that you have got two (2) different Ordinances that appear to be in conflict with each other, and the only way to solve - that issue is you read them together and you take the one that is most stringent. In order to put all of that together, we would have to go back and amend all those Ordinances - that provide for situations or are different from all the others; and some are just unique and have unique situations, therefore it may not be easy to give one rule that fits all." Mayor Partyka stated, "Let's give a chance for Anthony to look at this and see what the rules say, what his suggestions are - and some issues I think came up, so let's see what he comes back with and bring this up maybe at the next Agenda." Attorney Garganese stated, "There are two (2) issues - one will be the five (5) individuals that are in the sheet that the City Clerk passed out. The other issue is overall, the structure that you - currently have in place for Board Member attendance requirements. Two (2) different issues. The new Ordinance that you have in place is in addition to and supplemental to any other requirements that you may have for specific Boards and you read everything together and the more stringent will apply." Furthermore, Attorney Garganese said, "So if you want me to go back and not only look at those five (5) - and if you want me to look at the whole Board structure again, I would be happy to do that, I just need some direction." Commissioner Martinez suggested, "I do no not think that we should be looking at anything in the past. I think we should draft something for the future and start applying it from that time on - from the time it is approved; and I am requesting the City Manager bring us something back, an Agenda Item for the next Meeting." Deputy Mayor Gennell stated, "If you will take it in the direction of a Board that meets as "TLBD" [Tuscawilla Lighting and Beautification District Advisory Committee] was there for a long time, weekly - and a couple of the other Boards - the short Boards met weekly in order to knock out some of the work we had wanted them to do. Those are CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 8, 2002 PAGE 5 OF 32 going to need one criteria, whereas the ones that meet monthly or quarterly are going to need other standards, and I think if we put it all in one document that addresses all of them, I don't think it is that impossible to do - and if we have to undo some things that are currently existing - okay, that is what it takes to straighten it out." With further discussion about Ordinance 2001-49, Attorney Garganese pointed o.ut that "When you look at the attendance requirement, it says unless otherwise provided by City Charter or elsewhere in the City Code. There are minimum attendance requirements that are set forth, and those minimum attendance requirements are supplemental and in addition to any other attendance requirements that may apply specifically to a Board." Attorney Garganese then stated, "Given some of the confusion of the last couple of weeks regarding the application of this Ordinance, why don't I go back, and there are a handful, six (6) or seven (7) Ordinance provisions regarding specific Boards and let's take them out of the Code and repeal them expressly and we will have the attendance and absence requirements just set forth only in this Ordinance - and it will give you an opportunity to look at those requirements." Commissioner Blake inquired, "Would you craft a new Ordinance, not this Ordinance, but a new Ordinance that would repeal those provisions but also could potentially have some discussion of attendance requirements at Boards that may not be based on strict meeting measurements but perhaps a percentage of absences or something like that, because it is not the same if you serve on - for instance the Board of Adjustment which might meet once a quarter, maybe twice a quarter if things are busy, versus say for instance, the Tuscawilla Board [Tuscawilla Lighting and Beautification District Advisory Committee] that Mr. Khemlani mentioned that I know has met probably thirty (30) times in the last year, if not more. The same strict measurement or type of measurement is probably not proper for both - so if we do bring back any Ordinance, I think we should give some consideration to that issue." Mayor Partyka asked, "Are we all in agreement to just bring back the Agenda Item with some kind of comments from everybody? Now, in lieu of that, the current Ordinances are in effect, is that correct?" Attorney Garganese stated, "That is correct." Mayor Partyka added, "So we just have to live with what it is now." Attorney Garganese then advised the Commission, "Nothing prohibits this Commission from reappointing somebody that is automatically removed under these conditions - they obviously have to fill out the appropriate application, and meet the residency requirements, and the background check requirements." Deputy Mayor Gennell stated, "Anthony had asked for direction so I am bringing these things forward on this issue. There was an understanding among some of the Commissioners and maybe some of the public at one time, that that was so many absences - if they were unexcused and all, and then there came the conversation of well, there is nothing in there that spells out excused, what is excused, what is not excused." Deputy Mayor Gennell inquired, "Are we going to have a provision for excused, and if CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 8, 2002 PAGE 6 OF 32 we are, what is it going to be, or if we are not going to have it?" Furthermore, Deputy Mayor Gennell stated, "I don't think it is spelled out, and I think if we are going to have it - it needs to be." City Clerk Andrea Lorenzo-Luaces inquired, "Regarding the Memorandum, do you wish those five (5) individuals - for it to be held in abeyance until something comes back?" Mayor Partyka stated, "You can't, it is an Ordinance. You can't, whatever it is, it is. But this is what precipitated this discussion, so hopefully by next Agenda we will have everything worked out. And, the point was made by Mr. Garganese that if any Commissioner wishes to reappoint those people, they can do it today." III. CONSENT - PART I (CONTINUED FROM THE JUNE 24, 2002 REGULAR MEETING) CONSENT B. Community Development Department Presents A Request By Tuskawilla Office Park, LLC, To Allow A 15 Foot Wide Temporary Construction Easement Over The 15 Foot Wide Upland Buffer Adjacent To The Wetlands Abutting The North Side Of Tuskawilla Office Park Mayor Partyka stated, "Under the Consent Agenda there was only one comment - that is Consent 'B,' that is going to be moved to Regular with 'F.'" IV. REGULAR - PART I (CONTINUED FROM THE JUNE 24, 2002 REGULAR MEETING) REGULAR C. Office Of The Mayor Requesting The Commission To Discuss Concerns He Has With Amendments To Ordinance 2002-13 Which Was Approved By The Commission On May 13, 2002 Regarding Dumpsters Located Within The City Of Winter Springs. With discussion, Manager McLemore stated, "Instead of me having to deal with these people and not know what to tell them, I would rather review these sights and come to you and say you know, here are the issues we are going to face on these various sights - now from a policy perspective, how do I deal with them?" Furthermore, Manager McLemore said, "I would rather take the time and look at all these and pull out of that the ones that are going to be problematic and have some way that we all understand that we are going to deal with those issues." Deputy Mayor Gennell stated, "So we have fifteen 15 months for these people to come into compliance, and how many existing dumpsters do we have?" Manager McLemore responded, "250, somewhere in that range." Deputy Mayor Gennell then said, "And the CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 8, 2002 PAGE 7 OF 32 majority of them are going to be able to come into compliance one way or another. So that leaves us a manageable number in my opinion for you to bring back to us and say, here are the ones that that is not feasible - and some of those I think we can change their method of trash pickup too. I would encourage you to bring back the problematic ones and leave the Ordinance as it is and let it go, and just bring us back just the problematic ones." Manager McLemore said, "That's basically what we had intended to do." Commissioner Miller addressed the Commission and showed some photographs of offensive dumpsters. Commissioner Miller then stated, "I think the Staff needs to get back to us as soon as possible with a solution to solve this problem and if it means the City should do it, then I think we ought to build the things around this street to take care of this problem. I don't think we should allow this to go on. Either that or we get on the landowners, property owners and force them to do something. But not in 180 days, not in 360 days - soon!" Discussion. Mayor Partyka stated, "The City Manager is saying that they could move on this quickly, right now." Commissioner David W. McLeod said to Manager McLemore, "I don't believe Mr. McLemore that we are in the design business or the engineering business to decide on the site with the people of a 135 different sites and take on the responsibility to determine where their dumpsters are going to be; the direction that is going to be approached from; or the size of their dumpsters. That is why you have Engineers and Architects. I think you need to send the 130-some people a copy of the Ordinance so that they understand it and also, I didn't notice it was in the newsletter, but I think - making them aware of their obligation is your obligation." Commissioner Martinez stated, "I think the Ordinance should cover it. If it doesn't, the fact that those dumpsters are required by the Health Department to be covered, and if they are not covered, somebody here should be taking some action." Deputy Mayor Gennell spoke of a third option, such as "For Cory Lane - change their method of pick- up." Mayor Partyka summarized, "At this point in time, no action is required, I just brought up these issues, and that is where they stand." REGULAR E. Community Development Department Requests The City Commission Consider And Adopt The Updated Future Land Use Map (FLUM) And Official Zoning Map. Mr. Earnest McDonald, AICP, Advance Planning Coordinator, Community Development Department, introduced this Agenda Item. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 8, 2002 PAGE 8 OF 32 Discussion ensued on Mr. Schrimsher's comments made during "Public Input," regarding boundaries. "MOTION TO APPROVE ITEM 'E.'" MOTION BY COMMISSIONER MILLER. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. MAYOR PARTYKA SAID TO MR. McDONALD, "THAT OFFICIAL MAP WILL CHANGE AND CORRECT THOSE BOUNDARIES, IS THAT CORRECT?" MR. McDONALD RESPONDED, "THAT IS CORRECT - IF IN FACT THERE IS ANY DISCREPANCY SHOWN." COMMISSIONER McLEOD ADDED, "WHAT WOULD THAT TIME FRAME BE?" MR. McDONALD SAID, "AS FAR AS CORRECTING THE BOUNDARY, IT COULD BE DONE IMMEDIATELY. IT IS A MATTER- CURRENTLY WE USE AN OUTSIDE CONSULTANT TO UPDATE OUR ZONING MAPS AND THAT CONSULTANT IS PREPARED TO MAKE THE CHANGES WITHIN THE NEXT COUPLE OF WEEKS." COMMISSIONER McLEOD THEN INQUIRED OF MR. McDONALD, "THAT IS GOING TO INCLUDE THE SCHRIMSHERS, AND WE ARE GOING TO RESEARCH THIS? WITHIN A COUPLE OF WEEKS, WE WILL BE AT THE BOTTOM OF THE SCHRIMSHER'S PROBLEM CORRECT?" MR. McDONALD STATED, "ABSOLUTELY." VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE FOLLOWING "REGULAR - PART I" AGENDA ITEM "F" WAS DISCUSSED IN CONJUNCTION WITH "CONSENT - PART I" AGENDA ITEM "B," AS DOCUMENTED. .:. .:. IV. REGULAR - PART I (CONTINUED FROM THE JUNE 24, 2002 REGULAR MEETING) REGULAR F. Community Development Department Requests That The Commission Approve The Plat For Tuskawilla Office Park And Authorize Its Recordation. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 8, 2002 PAGE 9 OF 32 Mr. John Baker, AICP, Current Planning Coordinator, Community Development Department, in introductory statements stated, "There is one discrepancy in the Staff Report - it said that we had received the Performance Bond. We received it at about 6:30 this evening - the Irrevocable Standby Letter of Credit from the applicant. The City Attorney was given a copy of that this evening. Staff has not had a chance to review that so our recommendation of approval is subject to Staffs and the City Attorney's review of that for adequacy." Attorney Garganese added that "I will review it tomorrow just to make sure it is in order." Deputy Mayor Gennell inquired, "Is this the part of the Office Park that abuts where the wall is not completed yet?" Mr. Baker stated, "This abuts the Oak Forest Unit 7 property." Deputy Mayor Gennell then stated, "The wall as I understand it was to go the full length of those houses - the people who bought the property." Mr. Baker noted, "It is to go the full length of the property, but I believe we looked at the survey of the property this morning and there are some of those lots that extend beyond, in other words to the west of the boundaries of the Tuskawilla Office Park." Deputy Mayor Gennell asked, "What do they bound on?" Mr. Baker responded, "Another property." Deputy Mayor Gennell then asked, "Then who did they buy it from? Didn't they buy it from these people?" Mr. Baker stated, "No." Deputy Mayor Gennell then asked, "Who owns the property behind the people behind the people who have no wall?" Mr. Baker replied, "I am not sure but it is not part of the Tuskawilla Office Park property." Manager McLemore pointed out that "They have extended the wall the full length of the property that they own." Mayor Partyka asked Ms. Sandy Bierly, "Does the wall cover the whole length of the property in question?" Ms. Sandy Bierly, Tuskawilla Office Park, Owner/Developer, L.L. C, 800 West State Road 426, Oviedo, Florida: stated, "The wall as was depicted on the engineering plans that were approved by you shows it going to the retention pond." Manager McLemore asked Ms. Bierly, "Was that because there is no development - for it to buffer?" Ms. Bierly responded, "Right, because there is no construction beyond there." Deputy Mayor Gennell then said, "My understanding at the time that we were providing relief to these adjoining families was that the wall was going to go the length of the property that was being developed - that they owned." With discussion, Deputy Mayor Gennell stated, "I would like to know if the rest of this Commission understood that the wall was going to protect each and every one of those fifteen (15) or however many there were property owners or just so many, and not the last two (2) or three (3)?" Discussion. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 8, 2002 PAGE 10 OF 32 Commissioner McLeod asked Attorney Garganese, "Does the Ordinance read that between commercial and residential that you only need to run as far back, until you either come to an obstruction of either wetlands or an obstruction - that you build a retention pond and therefore you can put a retention pond between you and the residential properties and that suffices?" Commissioner McLeod added, "I thought that if you had commercial property and residential property, that you were responsible to run the wall between the two (2)?" Attorney Garganese stated, "I would have to look at that." Commissioner McLeod then said, "Would you mind doing that and inform us here shortly." Further, Commissioner McLeod said, "I would just like to know what the true intent of the Ordinance is." Ms. Bierly stated, "This was not residential land when we obtained this permit, it was agricultural." Commissioner McLeod inquired, "If it was agricultural - why did you build the wall?" Ms. Bierly responded, "Because I was attempting to alleviate some of the problems we were having, and some of the problems they were having was that there were going to be buildings built and roads built and so we agreed to build the wall." Ms. Bierly added, "I am saying the property to the south of us." Tape 2/Side A Further discussion. "I MOVE WE POSTPONE ITEM 'F' FOR TWO (2) WEEKS UNTIL WE CAN HAVE A STAFF REVIEW OF THE MINUTES AND THE DEVELOPER'S AGREEMENT AND BRING IT BACK TO US SO THAT THE COMMISSION HAS A FULL UNDERSTANDING OF WHAT WE THOUGHT WE WERE AGREEING TO AS OPPOSED TO WHAT IS THERE CURRENTLY AND WHAT THE HOMEOWNER'S EXPECTED AND WE EXPECTED TO HAVE HAPPEN ON THEIR BEHALF." MOTION BY DEPUTY MAYOR GENNELL. COMMISSIONER BLAKE INQUIRED, "DOES THAT INCLUDE A REVIEW OF THE COMPLIANCE OF THE DEVELOPER'S AGREEMENT." DEPUTY MAYOR GENNELL STATED, "YES." SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER BLAKE: NAY COMMISSIONER MILLER: NAY COMMISSIONER McLEOD: NAY DEPUTY MAYOR GENNELL: AYE COMMISSIONER MARTINEZ: NAY MOTION DID NOT CARRY. Discussion ensued on the Developer's Agreement. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 8, 2002 PAGE 11 OF 32 Commissioner Blake asked Attorney Garganese, "Is there anything in that Developer's Agreement that locates the detention pond as is stated?" Attorney Garganese stated, "No, it doesn't - it is just per the plans that were approved." Commissioner Blake then inquired about the site plan and said, "How do we know that any plan we have that there is a detention pond on it, if one wasn't pre-existing on the property; that that's the plan that was ultimately was constructed?" Furthermore, Commissioner Blake said, "If we are going to rely on the Developer's Agreement, what I am suggesting is that the features that we are utilizing to measure where the wall should end, did not exist, could not have existed, and there was no proof planned for where they would have existed. How do we know where the end of the wall would have been?" \ Commissioner Blake next asked, "How far is it from the end of construction to the end of the wall - when I say construction, I am talking about vertical elevations, improvements." With the use of a scale, Mr. Baker stated the length was "280 feet." Commissioner Blake then stated, "So the wall extend approximately 280 feet - to the west of - the western boundary line of the last lot." Mr. Baker stated, "Yes sir." "MOTION TO APPROVE." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER MILLER. DISCUSSION. DEPUTY MAYOR GENNELL STATED, "IF THIS PROJECT WAS IN FRONT OF US FOR APPROVAL THAT NIGHT, DID WE HAVE A CORRECT DEPICTION OF WHERE THE LOTS IN OAK FOREST ABUTTED IT, SO THAT WE KNEW - DID ANYBODY UP HERE REALIZE THAT ALL OF THOSE LOTS WERE NOT GOING TO BE PROTECTED BY THAT WALL?" COMMISSIONER BLAKE SPOKE FOR THE RECORD REGARDING THIS PROPERTY, AND THAT HE WOULD NOT SUPPORT A RE-ZONING OR A LAND USE AMENDMENT. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: NAY DEPUTY MAYOR GENNELL: NAY COMMISSIONER MILLER: AYE MOTION CARRIED. III. CONSENT - PART I (CONTINUED FROM THE JUNE 24, 2002 REGULAR MEETING) CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 8, 2002 PAGE 12 OF 32 CONSENT B. Community Development Department Presents A Request By Tuskawilla Office Park, LLC, To Allow A 15 Foot Wide Temporary Construction Easement Over The 15 Foot Wide Upland Buffer Adjacent To The Wetlands Abutting The North Side Of Tuskawilla Office Park Commissioner Martinez inquired of Manager McLemore, "Who is going to be responsible for overseeing this period of engagement - work period when they are going to be invading the fifteen foot (15') wide upland buffer for purposes of being able to work the site to make sure that heavy equipment and things like that over the wetlands or the buffer itself is not damaged seriously?" Manager McLemore responded, 'We have a person we could put in the field to make sure that your directions are complied with." Commissioner Martinez added, "Can we do that?" Manager McLemore stated, "Sure." Deputy Mayor Gennell then said, "This fifteen feet (15') upland buffer will not affect any trees?" Mr. Baker stated, "There are trees in the buffer right now. We are recommending that when they get through with the construction, they may have to go into that buffer, that they - fully restore the site to the preexisting - before the development started condition or better, with indigenous vegetation. If they do go into the wetland beyond the buffer, they would still be subject to the penalties for that, and they are aware of that." Deputy Mayor Gennell then asked, "The area that is to be affected, fifteen foot (15') buffer area, - is it included in a tree survey?" Ms. Bierly responded, "Yes it is." Discussion ensued on the buffer and related penalties. Commissioner Blake asked Ms. Bierly, "Would you object to putting $10,000.00 on deposit in an account - that the City would hold during the construction period, in the event that there was additional encroachment into the actual wetland area; in other words across that fifteen feet (15') or in the event that there were any machinery or any other prohibited activities taking place on there?" Manager McLemore suggested, "Wouldn't that be subject to a 'Letter of Credit' that she has already put up?" Furthermore, Manager McLemore asked, "Is that already in fact insured by a 'Letter of Credit?'" Attorney Garganese stated, "The final language in the 'Letter of Credit' has not been approved yet. We can incorporate it into the 'Letter of Credit' in the event that repairs need to be made to the upland buffer and the developer doesn't make the repairs, we can certainly add that into the 'Letter of Credit' where the City would be able to access the money." Commissioner Blake explained he was not asking about repairs but "My question was about the violation of what is agreed upon in the Agenda Item here which is that there be no heavy machinery in there, there would be no further encroachment into the wetland area. In the Agenda Item it states, 'Not machinery of fill material' - the encroachment would not be of machinery or fill material, and my concern here is that we had some assurances during the clearing of the lot, that the impacts would be mitigated for the residences next door, and I have seen pictures and personally viewed pools that are full of CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 8, 2002 PAGE 13 OF 32 dirt. I have received phone calls from residents when they have had to replace the pool pumps because the place while it was under clearing was not wetted down, so that they had substantial dust and dirt flying into their pool screens and - I am concerned as to whether or not the letter of the agreement would be upheld and that is why I am asking if you would be willing to place, say $10,000.00 into an account with the City during that timeframe, and in the event that there is a violation to the agreement, then you would forfeit that $1O,000.00?" Ms. Bierly spoke of being over budget and said, "I would have to speak to the builder who would ultimately be the one that would go into that area." Commissioner Blake then stated, "That would be my request." Discussion. Mayor Partyka stated, "There was a request by Commissioner Blake to move it up to $10,000.00 for any violation of the wetlands line - of the agreement." Discussion. Mayor Partyka then suggested, "Let's get a poll on this request - $10,000.00 extra money for incursion into the wetlands - that is the request by Commissioner Blake." Commissioner Miller stated, "Negative." Commissioner Blake said, "Yes." Commissioner Martinez responded by saying "No." Deputy Mayor Gennell stated, "Yes." Commissioner McLeod stated, "No, I don't think it is necessary." Mayor Partyka summarized that "In that case, it is requested down." "I WOULD LIKE TO MAKE A MOTION TO APPROVE ITEM 'B' WITH THE SPECIFICATION THE MANAGER WILL SEE TO IT THAT SOMEONE INSPECTS THE SITE, POSSIBLY ON A DAILY BASIS TO AVOID VIOLATIONS. IF VIOLATIONS ARE FOUND - TAKE THE PROPER ACTION." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER MILLER. DISCUSSION. "I WOULD LIKE TO AMEND THE MOTION TO INCLUDE - THE CITY ATTORNEY TO SEE THAT A $10,000.00 BOND IS INCORPORATED INTO THEIR SECURITY BOND AGREEMENT." AMENDMENT TO THE MOTION BY DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. DEPUTY MAYOR GENNELL FURTHER EXPLAINED HER AMENDMENT TO THE MOTION AS, "THAT HE WOULD INCLUDE THE INCURSION DAMAGE COSTS TO BE INCLUDED IN THAT." COMMISSIONER McLEOD SAID, "SO IT IS NOT OVER AND ABOVE, IT IS PART OF THE BOND." DEPUTY MAYOR GENNELL ADDED, "...PART OF THE BOND, THAT'S RIGHT." ATTORNEY GARGANESE SAID, "AS - PART OF THE 'LETTER OF CREDIT.'" CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 8, 2002 PAGE 14 OF 32 ATTORNEY GARGANESE THEN EXPLAINED THAT "IT IS A CODE REQUIREMENT THAT THEY PROVIDE A BOND OR A 'LETTER OF CREDIT' GUARANTEEING THAT CERTAIN IMPROVEMENTS WILL BE MADE - AS SET FORTH ON THE FINAL ENGINEERING DRAWINGS, AND MY UNDERSTANDING IS THAT THE COMMISSION WOULD LIKE TO ADD - THE ISSUE REGARDING ENCROACHING ON THE UPLAND BUFFER, THAT IF THERE ARE ANY DAMAGES - TO THAT TEN THOUSAND DOLLAR ($10,000.00) AMOUNT, THEN THAT WOULD BE INCLUDED IN THE 'LETTER OF CREDIT.'" DEPUTY MAYOR GENNELL ADDED, "...UP TO TEN THOUSAND DOLLARS ($10,000.00), I WANT THE LETTER OF CREDIT TO INCLUDE COVERAGE FOR DAMAGES." ATTORNEY GARGANESE THEN POINTED OUT THAT "THE LETTER OF CREDIT RIGHT NOW IS GOING TO BE AT APPROXIMATELY $170,000.00, WHICH IS THE ESTIMATED VALUE OF THE IMPROVEMENTS THAT NEED TO BE MADE." MS. BIERLY ADDED, "THAT LETTER OF CREDIT - WE WOULD LOOK TO BE RELEASED IN LESS THAN THIRTY (30) DAYS, WHEN WE HAVE THE INFRASTRUCTURE AND ALL THAT FINISHED; AND YET ALL THE BUILDINGS COULD BE BUILT OVER THE NEXT TWO (2) YEARS." DEPUTY MAYOR GENNELL SAID TO MS. BIERLY, "HOW LONG ARE THEY ASKING TO REQUEST TO USE THE EASEMENT? THA T IS HOW LONG THE CITY IS IN JEOPARDY FOR DAMAGE TO THE EASEMENT." MS. BIERL Y THEN SAID, "YOU ARE ASKING FOR TEN THOUSAND DOLLARS ($10,000.00) TO BE RETAINED, PERHAPS WE COULD - WHEN THE INFRASTRUCTURE IS FINISHED THEN THE MAINTENANCE BOND WHICH IS A TWO (2) YEAR, WHICH I WOULDN'T THINK IT WOULD TAKE ANY LONGER THAN THAT, THEN PERHAPS WE COULD INCORPORATE IT INTO A MAINTENANCE BOND, IF I CAN GET THE BONDING COMPANY TO GO ALONG WITH THAT." DEPUTY MAYOR GENNELL REITIERATED HER AMENDMENT TO THE MOTION AS "TO INCLUDE THE POTENTIAL FOR DAMAGE IN THE LETTER OF CREDIT AS BEING AUTHORED AT THIS MOMENT BY THE CITY ATTORNEY..." COMMISSIONER MILLER ADDED, "...FOR TEN THOUSAND ($10,000.00) DOLLARS..." VOTE: (ON THE AMENDMENT) DEPUTY MAYOR GENNELL: AYE COMMISSIONER MILLER: NAY COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: NAY COMMISSIONER MARTINEZ: NAY MOTION DID NOT CARRY. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 8, 2002 PAGE 15 OF 32 VOTE: (ON THE MAIN MOTION) COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: NAY DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. Attorney Garganese stated for the record, "The Commission just approved the encroachment - there is a fifteen foot (15') upland buffer requirement. My understanding of this letter is they are asking just to encroach five feet (5') within that fifteen foot (15') upland buffer - plus or minus five feet (5'), but not to encroach on the entire upland buffer, is my reading on it." Mayor Partyka added, "I think this thing has been handled, wherever they encroach within the fifteen feet (15') buffer." Brief discussion followed on how the Code is applicable. Commissioner Blake said, "Do we have the ability to change the Code of Ordinances on a whim every time somebody comes up and asks for something?" Tape 2/Side B Commissioner Martinez stated, "Point of Order" and spoke of the Item already being approved. Commissioner Blake asked, "Do we as a Commission have the ability to vary from our stated Code of Ordinances, on a case by case basis, as people come up here and ask to be relieved of having to comply with the law?" Commissioner Blake then said, "I am quite concerned that this process was not followed in this case, and this is a Code provision that is in our Winter Springs Code of Ordinances, that requires fines for violations of it." Commissioner Blake added, "I am really concerned about the procedure aspect of it and whether or not we have the ability to do so? I will leave the question Mayor, and we can certainly come back to it." Furthermore, Commissioner Blake then said, "My question has been posed, and I would like to have an answer to it at some point in time. I have a real concern about procedures." Mayor Partyka added, "You could do that City Manager, just do that - from a curiosity basis, and see what the process is." .:..:. AGENDA NOTE: THE REMAINDER OF THE "REGULAR - PART I" AGENDA ITEMS WERE CONTINUED WITH, AS DOCUMENTED. .:. .:. IV. REGULAR - PART I (CONTINUED FROM THE JUNE 24, 2002 REGULAR MEETING) CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 8, 2002 PAGE 16 OF 32 REGULAR G. Community Development Department Requests The City Commission Consider Information About Protection Of Archeological Sites Within The City. Deputy Mayor Gennell said that this was to be on a future Agenda. REGULAR H. Office Of The City Manager Requesting That The City Commission Designate One Member From The Commission To Represent The City Of Winter Springs At The Annual Business Session Of The Florida League Of Cities Annual Conference; And Determine If There Are Any Issues That The City Would Like To Submit In The Form Of A Resolution For Consideration By The Resolutions Committee. Mayor Partyka stated, "Point number one - By Charter, I am the one if I am going." Mayor Partyka then asked if there were any issues that needed to be discussed. There were no suggestions by Members of the Commission. REGULAR I. Office Of The City Manager Requests The City Commission To Hold A Public Workshop On July 15, 2002 On The Status Of The Status Of The Town Center, And To Authorize The City Manager To Prepare A Resolution Creating The Arbor Ordinance Citizen Review Committee For Review And Adoption On July 8, 2002. Mayor Partyka stated, "This is old - the really correct time is July the 29th." "I MOVE TO APPROVE ITEM 'I' - FOR JULY 29TH, 2002." MOTION BY COMMISSIONER MARTINEZ. SECONDED. DISCUSSION. MANAGER McLEMORE ADDED, "I WILL HAVE THE RESOLUTION FOR YOU NEXT MEETING." 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 - JULY 8, 2002 PAGE 170F32 v. CONSENT - PART II (NEW AGENDA ITEMS FOR THIS MEETING) CONSENT A. Office Of The City Manager Requesting Approval Of The Addendum To Third Amended Lease Between Springs Land Jessup Shores Joint Venture And The City Of Winter Springs. CONSENT B. Public Works Department Requesting Approval Of Resolution #2002-21 Authorizing The City Manager To Enter Into A State Highway Lighting, Maintenance And Compensation Agreement, And A Traffic Signal Maintenance And Compensation Agreement. CONSENT C. Utility Department Requesting Authorization To Purchase Rear And Side Mounted Flail Mowers. CONSENT D. Utility Department Requesting Authorization To Execute Amendment 73 - Feasibility Study On Reclaimed Water System Supplementation/Augmentation From Lake Jesup For Consulting Engineering Services With CPH Engineers, Inc. With discussion, Commissioner Miller suggested that regarding using Lake Jesup, "Before we spend all this money, it might not be a bad idea for the City to approach some experts, just on a yes or no basis that - can the water be used of that quality, without being treated?" Regarding treatment, Commissioner Miller added, "I would just like to see really a clear definition of the cost of that." CONSENT E. Public Works Department Requesting Approval Of The Public Improvements And Maintenance Easement And Agreement For The TLBD From Mr. And Mrs. Oscar Luna. CONSENT F. Public Works Department Requesting Approval Of The Public Improvements And Maintenance Easement And Agreement From Mr. And Mrs. Michael Carter. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 8, 2002 PAGE 18 OF 32 CONSENT G. Parks And Recreation Department Requesting The City Commission To Award The Bid For The Torcaso Park Expansion As Per Bid #ITB-013-02/CP To The Lowest And Best Bidder Harbco Construction, Inc., And To Provide The City Manager The Authority To Enter Into A Contract With Harbco, And To Provide A Notice To Proceed To Construction. CONSENT H. Office Of The Mayor Resolution Number 2002-22, A Resolution Of The City Of Winter Springs, Florida, Expressing Appreciation To Joanne Krebs For Her Service On The Code Enforcement Board. CONSENT I. Office Of The City Clerk Approval Of The Minutes Of The June 24, 2002 Regular City Commission Meeting. Commissioner Martinez stated, "What I would like - is the City Clerk to review the Minutes of June 24th, because I recall nominating or reappointing Ms. Louise Allen to the Oak Forest Board, It doesn't show in the Minutes, and we have a letter saying that somehow she is up for removal for some reason and I want that reappointment to stand." Mayor Partyka stated, "Is there a Motion to approve the Consent Agenda?" "SO MOVED." MOTION BY COMMISSIONER MARTINEZ. SECONDED. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. VI. INFORMATIONAL (NEW AGENDA ITEMS FOR THIS MEETING) INFORMATIONAL A. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 8,2002 PAGE 19 OF 32 INFORMATIONAL B. Community Development Department - Code Enforcement Division Requests The City Commission Considers Information Regarding Boat Parking Along Shetland Road. INFORMATIONAL C. Not Used. INFORMATIONAL D. Parks And Recreation Department Notifying The City Commission Of The Status Of The Florida Recreational Development Assistance Program Grant Regarding The Torcaso Park Expansion. INFORMATIONAL E. Public Works Department Informing The City Commission Of The Status Of The Oak Forest Wall And Beautification District Project. INFORMA TIONAL F. Public Works Department Reporting On The Flooding Complaint In The Arbors. INFORMATIONAL G. Public Works Department Providing The City Commission With Revised Plans For Hickory Grove Boulevard. INFORMATIONAL H. Public Works Department Informing The City Commission Of A Meeting For The Fisher Road Project. INFORMATIONAL I. Community Development Department - Code Enforcement Division Requests The City Commission Considers Information Regarding Notification Of Sign Code Changes. Mayor Partyka stated, "I am looking for a Motion to approve this Informational Agenda." "SO MOVED." MOTION BY COMMISSIONER MARTINEZ. SECONDED. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR,MEETING - JULY 8, 2002 PAGE 20 OF 32 VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. VII. PUBLIC HEARJ[NGS (NEW AGENDA ITEMS FOR THIS MEETING) PUBLIC HEARINGS A. Community Development Department Requesting Commission Consider And Approve A Development Agreement For A 7.561-Acre Tract At The Northeast Corner Of The Intersection Of U.S. Highway 17/92 And Nursery Road. Mayor Partyka opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. "MOTION TO APPROVE ITEM 'A.'" MOTION BY COMMISSIONER MARTINEZ. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. PUBLIC HEARINGS B. Community Development Department Requests The City Commission Conduct A Public Hearing For The Second Reading Of Ordinance 2002-01 That Would Assign A Future Land Use Map (FLUM) Designation Of (City Of Winter Springs) "Commercial" To The Properties Totaling 7.561 Acres, Located North And South Of Nursery Road And Adjacent To U.S. Highway 17/92. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 8,2002 PAGE 21 OF 32 Mr. Baker briefly addressed the Commission regarding this Agenda Item. Attorney Garganese read the Ordinance by "Title" and stated, "We did make one change to the effective date section, and that is under Section 9 on pages 3 and 4, that in addition to the standard effective date for Comp Plan Amendments - Large Scale Comp Plan Amendments, this Agreement will become effective upon the recordation of the Development Agreement. Mr. McDonald also addressed the City Commission. Mayor Partyka opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. "MOTION TO APPROVE." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. Commissioner Miller left the dais at 9: 15 p.m. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER MARTINEZ: AYE Note: The vote was briefly suspended. .:. .:. AGENDA NOTE: THE FOLLOWING "PUBLIC HEARINGS" AGENDA ITEM WAS NEXT DISCUSSED, AS DOCUMENTED. .:. .:. PUBLIC HEARINGS C. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For The Second Reading Of Ordinance 2002-02 To Rezone A 7.561-Acre Tract, Located On Nursery Road On The East Side Of U.S. Highway 17/92, From (County) C-2 "Retail Commercial," C- 3 "General Commercial & Wholesale," R-2 "One And Two Family Dwelling," And R-I-A "Single Family Dwelling" District To (City) C-2 "General Commercial." Attorney Garganese read the Ordinance by "Title." Mayor Partyka opened the "Public Input" portion of this Agenda Item. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 8, 2002 PAGE 22 OF 32 No one spoke. The "Public Input" portion of this Agenda Item was closed. "MOTION TO APPROVE ORDINANCE 2002-02." MOTION BY DEPUTY MAYOR GENNELL. SECONDED. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE DEPUTY MAYOR GENNELL: AYE Commissioner Miller returned to the dais at 9:18 p.m. COMMISSIONER MILLER: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE CONCLUSION OF THE VOTE FOR THE FOLLOWING "PUBLIC HEARINGS" AGENDA ITEM WAS NEXT DISCUSSED, AS DOCUMENTED. .:. .:. , PUBLIC HEARINGS B. Community Development Department Requests The City Commission Conduct A Public Hearing For The Second Reading Of Ordinance 2002-01 That Would Assign A Future Land Use Map (FLUM) Designation Of (City Of Winter Springs) "Commercial" To The Properties Totaling 7.561 Acres, Located North And South Of Nursery Road And Adjacent To U.S. Highway 17/92. "MY RESPONSE TO THE LAST MOTION WAS 'AYE,' AND MY RESPONSE TO THIS MOTION WAS 'AYE.'" COMMISSIONER MILLER: AYE MOTION CARRIED. Mayor Partyka stated, "The record -let the record reflect both." .:. .:. AGENDA NOTE: THE FOLLOWING "PUBLIC HEARINGS" AGENDA ITEMS WERE DISCUSSED, AS DOCUMENTED. .:. .:. PUBLIC HEARINGS D. Not Used. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 8, 2002 PAGE 23 OF 32 PUBLIC HEARINGS E. Office Of The City Attorney/Office Of The City Manager Request That The City Commission Consider Third Reading (Second Advertised Public Hearing) Of Ordinance Number 2002-07 Which Creates A New Light Industrial Zoning District And Amends The List Of Permitted, Conditional, And Prohibited Uses In The C-l And C-2 Zoning Districts. Attorney Garganese read the Ordinance by "Title." Commissioner Blake suggested that regarding "The Mini-storage units that Mr. Schrimsher brought up, it is not in here - I think it should be in C-2. I think it is in line with the other types of uses in C-2, and would ask that that be added in." Mr. Baker addressed the Commission. Discussion. Tape 3/Side A Further discussion. Deputy Mayor Gennell remarked about hours of business, and inquired, "Have we addressed the hours of operation at all in here now?" Attorney Garganese stated, "Not in this Ordinance." Deputy Mayor Gennell added, "And we can cover it in another Ordinance?" Attorney Garganese explained "For particular use, you can regulate the hours of operation for certain businesses like alcohol establishments, adult entertainment establishments, and if you have a particular use you want us to further look at. .." Deputy Mayor Gennell stated, "...1 am speaking specifically of the convenience store operations immediately abutting residential areas." Attorney Garganese stated, "That is not specifically addressed in this Ordinance." Deputy Mayor Gennell then said, "Well if that use is included in here, and we are gearing this to be abutting residential neighborhoods, then I think we need to look at the twenty-four (24) hour aspect of the operation, that comes in with car washes or whatever." Attorney Garganese suggested, "That is something we can go back and look at as a supplemental Zoning District Regulation." Further, Deputy Mayor Gennell said, "I think somehow it should be addressed and not be left wide open." Attorney Garganese then said, "I would recommend it as a supplemental regulation." Deputy Mayor Gennell stated, "We will put it on the list of things to do, then just give us a time frame when you will bring it back." Attorney Garganese stated, "I will look at that issue. Can I get back to you on the time frame at the next Meeting?" Further discussion. Mayor Partyka opened the "Public Input" portion of this Agenda Item. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 8,2002 PAGE 24 OF 32 No one spoke. The "Public Input" portion of this Agenda Item was closed. "MOTION TO ADOPT ORDINANCE 2002-07." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER MILLER: NAY DEPUTY MAYOR GENNELL: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. PUBLIC HEARINGS F. Office Of The City Attorney Requesting Commission Consider Second Reading And Final Adoption Of Ordinance 2002-18 To Repeal Article XI Of Chapter 6 Of The City Code Of Ordinances, Entitled Interim Services Fee. Attorney Garganese read the Ordinance by "Title." Brief 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. "MOTION TO ADOPT ORDINANCE 2002-18." MOTION BY COMMISSIONER MARTINEZ. SECONDED. DISCUSSION. VOTE: DEPUTY MAYOR GENNELL: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 8, 2002 PAGE 25 OF 32 PUBLIC HEARINGS G. Office Of The City Attorney Requests The City Commission Consider Second Reading And Final Adoption Of Ordinance 2002-21 Amending Section 16-55 Of The City Code Of Ordinances. Attorney Garganese read the Ordinance by "Title" and stated, "I did make that one minor amendment to make it clear that elementary and secondary schools and governmental agencies will be only exempted from the permit fees, and not the permit requirements." Mayor Partyka opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. "MOTION TO ADOPT ORDINANCE 2002-21." MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. PUBLIC HEARINGS H. Office Of The City Attorney/Office Of The Public Works/Utility Director Request The City Commission To Consider First Reading Of Ordinance 2002-23 Relating To Access And Tampering Of City Utility Facilities By Amending Chapter 12 And Chapter 19 Of The City Code. Mayor Partyka stated, "1 need a Motion to read by 'Title' only." "SO MOVED." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 8, 2002 PAGE 26 OF 32 Attorney Garganese read the Ordinance by "Title" and presented some background information. Brief discussion. Mr. Dennis Waldrop, Meter Services Division Manager, Finance Department, addressed the City Commission and explained some of the related problems. Deputy Mayor Gennell inquired, "A few weeks ago, Commissioner Blake requested and I also wanted to know exactly what the City's position was on parking on these streets as it relates to lawn maintenance vehicles, and so forth - and I don't know that we have gotten that information back, but this appears to prohibit the parking of any service vehicles in front of or on sidewalks - of any house." With further discussion, Deputy Mayor Gennell said "I think the question was asked - what are the legal parking restrictions for these type of service vehicles that come to people's houses, and I think it just needs to be identified while it is right here in front of us - it is illegal for any of it, UPS, if we leave it as it is. I am not suggesting we change it tonight, but I am pointing out this is it." Commissioner Miller stated, "Point of Order" and asked about relevancy. Discussion followed on threatening situations regarding the reading of meters. Discussion continued with Chief of Police Daniel J. Kerr regarding parking problems. Commissioner McLeod stated, "I would suggest we send this back to be looked at again, so those issues become very clear." Tape 3/Side B Further discussion followed and Commissioner McLeod added, "I think though that you need to bring the parking issue forward, put it on your list of things and bring it forward." 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 MAKE A MOTION TO MOVE ORDINANCE 2002-23 TO A SECOND ADOPTION HEARING." MOTION BY COMMISSIONER BLAKE. SECONDED. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 8, 2002 PAGE 27 OF 32 COMMISSIONER McLEOD STATED, "I WOULD JUST LIKE TO ASK THE CITY MANAGER TO DIRECT CODE ENFORCEMENT TO LOOK INTO THE PARKING ISSUES OF HOW - AND IT MAY MEAN THAT TWO (2) WHEELS ARE UP ON THE GRASS OR SOMETHING - AND TO GET WITH THE CHIEF AND BRING THAT THING BACK TO US - UNDER NINETY (90) DAYS. IS THAT REALISTIC RON?" VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. Mayor Partyka stated, "Relative to Commissioner McLeod's questio~, I believe City Manager, that issue was brought up and the Chief said he would like to be involved with that somehow. The real question is how soon is it appropriate for you to come back with something?" Manager McLemore said, "I think we can have it in ninety (90) days. Commissioner McLeod added, "Mayor, I suggest the Chief sit in on that." .:..:. AGENDA NOTE: THE FOLLOWING "REGULAR - PART II" AGENDA ITEMS WERE DISCUSSED, AS DOCUMENTED. .:. .:. VIII. REGULAR - PART II (NEW AGENDA ITEMS FOR THIS MEETING) REGULAR F. Community Development Department - Code Enforcement Division Requests The City Commission Considers The Request Of Mr. And Mrs. Roopnarine To Remove A Twenty-Three Inch (23') Pine Tree In Anticipation Of Construction Of A Pool. Mr. Michael Mingea, City Forester, Code Enforcement Division, Community Development Department, addressed the City Commission regarding this Agenda Item. "I MAKE A MOTION TO APPROVE ITEM 'F.'" MOTION BY COMMISSIONER MARTINEZ. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 8, 2002 PAGE 28 OF 32 VOTE: DEPUTY MAYOR GENNELL: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. REGULAR A. Information Services Department Wishes To Present To The Commission The Updated Strategic Technology Plan Which Includes Recommendations And Provides Costs And Implementation Timelines Relative To Technology-Related Projects Information Services Is Requesting Commission Approval Of The Strategic Technology Plan, Along With Proper Staffing And Funding Of Said Plan. (This Agenda Item Was Listed On The June 24, 2002 Agenda But Was Delayed To This Agenda.) Ms. Joanne Dalka, Information Services Department Director introduced Mr. Frank Hagy and Ms. Sherry Hilley from the Florida League of Cities. Mr. Frank Hagy, CPM, Chief Information Officer, Florida League of Cities, 125 East Colonial Drive, Post Office Box 530065, Orlando, Florida 32853-0065: presented their Strategic Plan to the Commission. "I WOULD LIKE TO MOVE THAT WE CONTINUE HEARING THIS PRESENTATION, AND ACKNOWLEDGE ITEM 'I' ON THE AGENDA, THAT IS THE PRESENTATION OF THE BUDGET BY THE CITY MANAGER BECAUSE WE DID RECEIVE IT, AND THEN ADJOURN." MOTION BY DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER McLEOD: NAY COMMISSIONER BLAKE: NAY COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR GENNELL: AYE MOTION DID NOT CARRY. "I WOULD LIKE TO MAKE A MOTION THAT WE EXTEND FOR ONE HOUR." MOTION BY COMMISSIONER McLEOD. SECONDED. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 8, 2002 PAGE 29 OF 32 VOTE: COMMISSIONER MARTINEZ: NAY COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: NAY COMMISSIONER McLEOD: AYE DEPUTYMAYORGENNELL: NAY MOTION DID NOT CARRY. Ms. Sherry Hilley, CISA, Florida League of Cities, 125 East Colonial Drive, Post Office Box 530065, Orlando, Florida 32853-0065: also spoke about the proposed Strategic Plan to the Commission. Tape 4/Side A Discussion. Mayor Partyka thanked Mr. Hagy and Ms. Hilley for their presentation and said to Staff "If you could, schedule this two (2) weeks from now, or at our next Meeting and we will get you up first." x. ADJOURNMENT "MOVE TO ADJOURN." MOTION BY DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: NAY COMMISSIONER McLEOD: NAY DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. Mayor Partyka adjourned the Meeting at 11 :03 p.m. .:..:. AGENDA NOTE: THE FOLLOWING AGENDA ITEM WAS PARTIALLY DISCUSSED, BUT WILL BE PLACED ON THE NEXT AGENDA FOR DISPOSITION. .:..:. VIII. REGULAR - PART II (NEW AGENDA ITEMS FOR THIS MEETING) CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 8, 2002 PAGE 30 OF 32 REGULAR A. Information Services Department Wishes To Present To The Commission The Updated Strategic Technology Plan Which Includes Recommendations And Provides Costs And Implementation Timelines Relative To Technology-Related Projects Information Services Is Requesting Commission Approval Of The Strategic Technology Plan, Along With Proper Staffing And Funding Of Said Plan. (This Agellda Item Was Listed 011 The JUlie 24, 2002 Agellda But Was Delayed To This Agellda.) .:. .:. AGENDA NOTE: THE FOLLOWING ITEMS WERE NOT DISCUSSED DURING THIS MEETING. .:..:. VIII. REGULAR - PART II (NEW AGENDA ITEMS FOR THIS MEETING) REGULAR B. Community Development Department - Code Enforcement Division Requests The City Commission Considers The Request Of Chanh Nguyen For Forgiveness For A Code Enforcement Lien Of $186,000.00 Against His Property. REGULAR C. Community Development Department - Code Enforcement Division Requests The City Commission Considers The Request Of AVA Anthony/Phelopateer, LLC For Forgiveness For A Code Enforcement Lien Of $75,900.00 Against Their Property At Hayes Road And State Road 434. REGULAR D. Office Of The City Manager Requests The City Commission Schedule A Workshop To Discuss The Need For Changes To The Code Of Ordinances Related To Accessory Buildings And Detached Garages (Ordinance 2002-14.) REGULAR E. Office Of The City Manager Requests That The City Commission Make An Appointment To The Metroplan Orlando Citizens' Advisory Committee, To Replace Mr. Robert J, Lochrane, P.E. Who Has Recently Resigned. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 8, 2002 PAGE 31 OF 32 REGULAR G. Office Of The City Clerk Requests That The City Commission Decide On The Following Appointments Or Reappointments For Terms Of Office Which Will Be Expiring In July 2002 - Specifically Regarding Members Of The Code Enforcement Board; And The Terms Of Office Which Will Be Expiring In August 2002 - Specifically Regarding Members Of The Oak Forest Wall And Beautification District Advisory Committee. REGULAR H. Office Of The City Clerk Requests That The City Commission Make An Appointment To The Code Enforcement Board To Replace Board Member Joanne Krebs Who Has Resigned From Serving On The Code Enforcement Board, And Who Has Recently Been Appointed And Reappointed To The Planning And Zoning Board/Local Planning Agency. REGULAR I. Office Of The City Manager Presenting To The City Commission The Fiscal Year 03 Preliminary Budget. REGULAR J. Office Of The City Manager City Manager Requesting The City Commission To Decide Issues Related To The City Managers Annual Review. IX. 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 Two - Michael S. Blake CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 8, 2002 PAGE 32 OF 32 REPORTS E. Commission Seat Three - Edward Martinez, Jr. REPORTS F. Commission Seat Four/Deputy Mayor - Cindy Gennell REPORTS G. Commission Seat Five - David W. McLeod REPORTS H. Commission Seat One - Robert S. Miller REPORTS I. Office Of The Mayor - Paul P. Partyka RESPECTFULLY SUBMITTED: NZO-LUACES, CMC , - ~....... ~. ~_~...-111-.. PA"tJL P. ~PA}l TW<'~ if \.r - . "".~'-~ Mk~aR. -,.... ..:"'~, . .z~ Y IlO- _I ---~. , NOTE: These Minutes were approved at the July 22, 2002 Regular City Commission Meeting.