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HomeMy WebLinkAbout_2003 03 24 City Commission Regular Minutes CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING MARCH 24, 2003 CALL TO ORDER The Regular Meeting of Monday, March 24, 2003 of the City Commission was called to order by Mayor John F. Bush at 6:30 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). ROLL CALL: Mayor John F. Bush, present Deputy Mayor Robert S. Miller, present Commissioner Michael S. Blake, present Commissioner Edward Martinez, Jr., present Commissioner Sally McGinnis, present Commissioner David W. McLeod, present City Manager Ronald W. McLemore, present City Attorney Anthony A. Garganese, arrived at 6:33 p.m. After a moment of silence, Mayor Bush led the Pledge of Allegiance. Mayor Bush stated that regarding Agenda Changes, on Consent Agenda Item "C" - "They have asked that to be pulled - it will be presented later." PRESENTATIONS PRESENTATIONS 1. A. Office Of The City Manager Presentation By Mr. Patrick Cucci (Et AI) On The Winter Springs High School Vision For The Field House And Wall Of Fame Project. Mr. Pat Cucci, 755 Sybilwood Circle, Winter Springs, Florida: addressed the City Commission on the projects related to Winter Springs High School. City Attorney Anthony A. Garganese arrived at 6:33 p.m. Mr. Cucci and students of Winter Springs High School commented about the "Commemorative Brick Program." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 24, 2003 PAGE 2 OF 30 Mr. Jordon Johnson, 600 Northern Way, Winter Springs, Florida: as a Winter Springs High School student and soccer player, he spoke on the merits of the proposed programs. Mr. Tony Segretario, 1786 Seneca Boulevard, Winter Springs, Florida: spoke about this program and his interest in the future. Ms. Sarah Nuxol, 1172 Citrus Oaks Run, Winter Springs, Florida: commented about the need for a new weight facility. Next, a presentation was shown to those in attendance related to the Winter Springs High School "Fieldhouse" and "Wall of Honor and Fame" projects. Ms. Doreen Gruber, 699 Benitawood Court, Winter Springs, Florida: as the Principal of Winter Springs High School, Ms. Gruber commented on the proposed Winter Springs High School "Fieldhouse" project and the merits of this program. With discussion, Mayor Bush suggested, "One of the things of course the Commissioners could do is buy a brick." Commissioner Sally McGinnis said, "Absolutely." Mayor Bush added, "I have already bought mine, and I am sure the others will want to." PUBLIC INPUT Ms. Sheilah Therkildsen, 375 Casa Grande Drive, Winter Springs, Florida: spoke about problems with trees on her newly purchased property and explained the reasons behind her need to have several trees removed. Mayor Bush said to the City Commission, "That is Agenda Item 27." Mr. Medford McCoy, 114 Brookshire Court, 'Winter Springs, Florida: commented on an abandoned home in his subdivision which has problems with the pool and backyard; the involvement of Washington Mutual; and asked if the City could expedite the process. Commissioner Michael S. Blake asked Mr. McCoy, "Has anybody made any attempt to contact the Real Estate Department of Washington Mutual?" Mr. McCoy stated, "Our Homeowner's Association has not, but we are going to try." Discussion. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 24, 2003 PAGE 3 OF 30 Mr. Bob Rucci, 973 Turkey Hollow Circle, Winter Springs, Florida: remarked about the Agenda Item related to Dr. Paul Williams and the Winter Springs Paw Park Citizen Advisory Committee. Mr. Tom Waters, 1033 Antelope Trail, Winter Springs, Florida: spoke of the need for the Winter Springs High School "Fieldhouse" project and suggested the City support the school. Ms. Judy Benson, 1212 Orange Avenue, Winter Springs, Florida: spoke on the Borrow Pit project. Commissioner Edward Martinez, Jr. said to Ms. Benson, "I received your package." Ms. Benson noted her concern with water quality and suggested that the proposed Bond should be higher and that a third party should do on-site inspections. Tape I/Side B REGULAR - PART I (CONTINUED FROM THE MARCH 10, 2003 REGULAR MEETING) REGULAR 26. J. Office Of The City Manager Requesting The Commission To Authorize The City Manager To Enter Into A Contract With LDI, Inc. To Prepare A General Office Facility And Information Systems Equipment Impact Fee Ordinance And To Authorize A Supplemental Appropriation From General Fund Reserves To Pay For Same In The Amount Of $5,400.00. City Manager Ronald W. McLemore introduced this Agenda Item. With discussion, Commissioner Blake said, "I don't think this is an approval of building a building. I don't think this is approval of enacting an Impact Fee. It is an approval of funds to do a study to bring back to us, what an Impact Fee might be." Manager McLemore added, "That's all I am asking for." Commissioner Blake left the dais at 7:22 p.m. "I WOULD LIKE TO MAKE A MOTION TO APPROVE THIS REQUEST." MOTION BY COMMISSIONER MARTINEZ. SECONDED. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 24, 2003 PAGE 4 OF 30 VOTE: COMMISSIONER MARTINEZ: AYE DEPUTYMAYORMILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE Commissioner Blake returned to the dais at 7:24 p.m. COMMISSIONER BLAKE: AYE MOTION CARRIED. CONSENT CONSENT 2. A. Police Department Requesting The Commission To Give Approval To Donate $1,000.00 From The Special Law Enforcement Trust Fund To Winter Springs High School To Use For The Alcohol And Drug Free Grad Night Program. CONSENT 3. B. Fire Department Requesting Authorization To Purchase Extrication Equipment By Piggybacking Off Of Flagler County Purchasing Policy Number 02-01 (4/1/2002). CONSENT 4. C. Parks And Recreation Department Requests The City Commission's Approval For A Paw Park Fund Raising Event To Be Held At Central Winds Park In The Passive Area On Saturday, June 7, 2003. Mayor Bush again pointed out, "As I mentioned, Item 'c' has been pulled." CONSENT 5. D. Community Development Department Requesting Commission Approval And Adoption Of Resolution Number 2003-10. CONSENT 6. E. Office Of The Mayor Resolution Number 2003-09, A Resolution Of The City Of Winter Springs, Florida, Expressing Appreciation To Mark Lammert For His Service On The Board Of Trustees (Pension Plan). CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 24, 2003 PAGE 5 OF 30 CONSENT 7. F. Parks And Recreation Department Requests The City Commission To Authorize The City Manager To Negotiate And Execute The 2003 Summer Camp Use Agreement Between The City Of Winter Springs And The Episcopal Church Of The New Covenant, Inc. ("Church"), Providing The City Of Winter Springs With An Appropriate Venue To Offer Its 2003 Summer Camp Program At The Church's Facilities Upon The Terms And Conditions Set Forth In The Proposed Agreement. Discussion. CONSENT 8. G. Office Of The City Clerk Respectfully Requesting The City Commission Review, And Approve Acceptance Of An Intergovernmental Agreement Related To Elections. (This Agenda Item Should Be On The April 14, 2003 Agenda). CONSENT 9. H. Parks And Recreation Department Requesting The City Commission To Authorize The City Manager To Execute The Transportation Disadvantaged Services Agreement Between The City Of Winter Springs And MV Transportation, Inc., Establishing The Terms And Conditions For MV Transportation Inc., To Provide Transportation Services For The Winter Springs Senior Transportation Program ("Program"). CONSENT 10. I. Office Of The City Clerk Approval Of The March 10,2003 City Commission Regular Meeting Minutes. Discussion. MOTION TO APPROVE CONSENT AGENDA. MOTION BY DEPUTY MAYOR MILLER. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. "I WOULD LIKE TO AMEND THE MOTION TO APPROVE THE CONSENT AGENDA, LESS ITEM 'C.'" AMENDMENT TO THE MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 24, 2003 PAGE 6 OF 30 VOTE: (ON THE AMENDMENT) COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE DEPUTY MAYOR MILLER: AYE MOTION CARRIED. VOTE: (ON THE MOTION AS AMENDED) COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR MILLER: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE FOLLOWING AGENDA ITEMS WERE DISCUSSED NEXT, BUT NOT NECESSARILY IN THE ORDER AS DOCUMENTED. .:. .:. INFORMATIONAL INFORMATIONAL 11. A. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. INFORMATIONAL B. Not Used. INFORMATIONAL 12. C. Community Development Department Wishes To Provide The Commission With Copies Of Visuals Prepared To Illustrate Good Examples Of Signage And Good Examples Of Window Treatments Which Are Allowed Within The Town Center Code. Deputy Mayor Robert S. Miller noted, "I think this will probably take care of our questions about what is acceptable, not acceptable in the Town Center signage area from here on out - a first class document. Congratulations." Mayor Bush added, "I also thought it was very good." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 24, 2003 PAGE 7 OF 30 Commissioner Blake stated, "Some of the items that are in this document are not part of our Town Center Code. Would it be appropriate for us to revisit this on another Agenda Item and perhaps update the Code if we so desire, that would include this document?" Commissioner Blake added, "I think it would be good if we do revisit this and perhaps consider updating the Code. I would like to hear your opinion on that at a later date." Attorney Garganese added, "I am in the process of doing an update to the Town Center Code - if the Commission would like to see that, now would be the time to speak up and I'll just roll it into the Ordinance that I am preparing." Mayor Bush then asked the City Commission, "Commissioner Blake's recommendation - are you all in agreement with this? Does anybody disagree? It looks like we have consensus." Attorney Garganese then said, "I'll roll it in." INFORMATIONAL 13. D. Finance Department Would Like To Clarify That The Underwriting Firm In Line For The Senior Underwriting Position In Association With The 1993 Bond Refinancing Is The Firm Of Hanifen. Discussion. INFORMATIONAL 14. E. Parks And Recreation Department Wishes To Inform The City Commission About A Potential Seminole County Funding Source For Senior Transportation. "MOTION TO APPROVE THE INFORMATIONAL AGENDA." MOTION BY DEPUTY MAYOR MILLER. SECONDED. DISCUSSION. VOTE: DEPUTY MAYOR MILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE FOLLOWING REGULAR (PART II) AGENDA ITEMS WERE DISCUSSED AS DOCUMENTED. .:..:. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 24, 2003 PAGE 8 OF 30 REGULAR - PART II (NEW AGENDA ITEMS FOR THIS MEETING) REGULAR 30. N. Office Of The City Manager Requesting The City Commission To Choose A Date To Reschedule The Goal Setting Workshop That Was Postponed By The Commission On March 18, 2003, Facilitated By Marilyn Crotty Of The Institute Of Government Of Central Florida University. With discussion, the Commission agreed to hold this Workshop on Tuesday, April 29t\ 2003 at 6:30 p.m. REGULAR 29. M. Office Of The City Manager Requesting The Commission To Receive The Report And Recommendations Of The Arbor Ordinance Review Advisory Committee, And Set A Workshop Date For Review Of The Recommendations. Ms. Carol Fottler, 208 Heatherwood Court, Winter Springs, Florida: representing the Tree (Arbor) Ordinance Review Advisory Committee, Ms. Fottler addressed the City Commission. With discussion on possible Workshop dates, the date agreed upon for a Workshop to review the proposed Recommendations was set for Thursday, May 8t\ 2003 beginning at 6:30 p.m. .:..:. AGENDA NOTE: THE FOLLOWING PUBLIC HEARINGS AGENDA ITEMS WERE DISCUSSED AS DOCUMENTED. .:..:. PUBLIC HEARINGS PUBLIC HEARINGS 15. A. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For Second Reading And Adoption Of Ordinance 2003-03 To Rezone A 12,574 Square Foot Tract, Located On The Northwest Corner Of Highway 434 And Wade Street, From (City) R-l "One-Family Dwelling" To C-l "Neighborhood Commercial". Attorney Garganese read the Ordinance by "Title" only. Mayor Bush opened the "Public Input" portion of this Agenda Item. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 24, 2003 PAGE 9 OF 30 No one spoke. The "Public Input" portion of this Agenda Item was closed. "I WOULD LIKE TO MAKE A MOTION TO APPROVE THIS ITEM." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY DEPUTY MAYOR MILLER. DISCUSSION. MANAGER McLEMORE STATED, "YOU HAVE AN ATTACHMENT 'c' - WHICH IS AN INFORMATIONAL REPORT BACK TO YOU aASED ON ISSUES RAISED. WE DON'T INTEND TO TRY TO DEAL WITH THESE ISSUES TONIGHT; WE'LL SET THAT FOR A FUTURE AGENDA DEALING WITH THE FENCE/WALL ISSUE THAT WAS BROUGHT UP." FURTHERMORE, MANAGER McLEMORE STATED, "WE WILL BRING BACK THIS WALL ISSUE TO YOU AND LET YOU MAKE THE DECISIONS HOW YOU WANT TO PURSUE THAT." VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR MILLER: AYE MOTION CARRIED. PUBLIC HEARINGS 16. B. Office Of The City Manager Requesting The City Commission To Approve The First Reading Of Ordinance Number 2003-04, Repealing Certain Sections Of Chapter Nine (9) Of The City Code Related To Impact Fees, Amending Police And Fire Impact Fees, And Establishing A New Parks Impact Fee. Mayor Bush stated, "Could I have a Motion to read by 'Title' only?" "SO MOVED." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY DEPUTY MAYOR MILLER. DISCUSSION FOLLOWEll) ON POSSIBLY READING THE ENTIRE ORDINANCE. MAYOR BUSH STATED, "WE DO NEED A MOTION TO BRING THIS OFF THE TABLE." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 24, 2003 PAGE 10 OF 30 "SO MOVED." MOTION BY COMMISSIONER McGINNIS. SECONDED BY DEPUTY MAYOR MILLER. DISCUSSION. VOTE: (ON THE MOTION TO TAKE OFF THE TABLE) COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE DEPUTYMAYORMILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. Commissioner Blake stated, "Point of Order" and said the Motion to read by "Title" only was out of order because it was still on the Table. Mayor Bush said, "That is true." Mayor Bush then stated, "Could I have a Motion on this Item to read by 'Title' only?" Commissioner Martinez stated, "Point of Order" and spoke of being stopped. Mayor Bush stated, "Can I have a Motion to read this by 'Title' only?" "SO MOVED." MOTION BY COMMISSIONER MARTINEZ. SECONDED. DISCUSSION. Tape 2/Side A Discussion. Deputy Mayor Miller left the dais at 8:07 p.m. Commissioner Martinez said, "Point of Order" and commented on the pending Vote. VOTE: COMMISSIONER McGINNIS: AYE Deputy Mayor Miller returned to the dais at 8:10 p.m. COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE DEPUTYMAYORMILLER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 24, 2003 PAGE 11 OF30 Attorney Garganese read Ordinance 2003-04 by "Title" only. Mr. Marc Stehli, Director of Civil Engineering, Land Design Innovations Incorporated, 140 North Orlando Avenue, Suite 295, Winter Park, Florida: addressed the City Commission on this issue. Discussion. Mayor Bush opened the "Public Input}} portion of this Agenda Item. Ms. Brenda Brown, 211 Nandina Terrace, Winter Springs, Florida: spoke in favor of hnpact Fees being the same rate. The "Public Input}} portion of this Agenda Item was closed. Much discussion. "MOTION TO MOVE THIS TO SECOND READING." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY DEPUTY MAYOR MILLER. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER BLAKE: NAY COMMISSIONER McLEOD: NAY COMMISSIONER McGINNIS: AYE MOTION CARRIED. PUBLIC HEARINGS 17. C. Community Development Department Presents To The City Commission A Request To Hold A Joint Public Hearing With The Board Of Adjustment To Consider A Conditional Use To Allow Multiple Family Dwellings In The C-1 (Neighborhood Commercial) Zoning District, Pursuant To Section 20-234. Of The Zoning Chapter Of The City Code Of Ordinances. Discussion ensued on this process and the urgency for this Agenda Item. Tape 2/Side B CITY OF WINTER SPRINGS MINUTES' CITY COMMISSION REGULAR MEETING - MARCH 24, 2003 PAGE 12 OF 30 "I WOULD LIKE TO MAKE A MOTION THAT WE DENY THIS REQUEST AND THE FOLKS ARE INSTRUCTED TO FOLLOW THE CHAIN OF COMMAND AND PROCEDURE AND IF NEED BE - SCHEDULE - A JOINT MEETING BETWEEN THE COMMISSION AND THE BOARD OF ADJUSTMENT." MOTION BY COMMISSIONER MARTINEZ. MOTION DIED FOR LACK OF A SECOND. "I WOULD LIKE TO MAKE A MOTION THAT WE GO FORWARD WITH ALLOWING THE BOARD OF ADJUSTMENT TO CONVENE A HEARING AND ENTERING INTO A JOINT HEARING BETWEEN THE BOARD OF ADJUSTMENT AND THE CITY COMMISSION TO HEAR THIS ITEM." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: NAY COMMISSIONER McGINNIS: AYE DEPUTY MAYOR MILLER: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE SPECIAL MEETING WAS THEN TURNED OVER TO THE BOARD OF ADJUSTMENT. .:..:. CALL TO ORDER The Special Meeting of Monday, March 24, 2003 of the Board of Adjustment was called to order by Chairman Tom Waters at 8:54 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). ROLL CALL: Chairman Tom Waters, present Vice Chairman Jack Taylor, present Board Member Gary Diller, absent Board Member John Herbert, present Mr. John Baker, AICP, Senior Planner, Community Development Department gave an overview of this project and reviewed some photographs and a video of the site and nearby properties. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 24, 2003 PAGE 13 OF 30 Mr. Kevin J. Bzoch, Zoning/Site Selection, Davis Heritage, 20725 SW 46th Avenue, Newberry, Florida: addressed the City Commission. Ms. Lisa M Stephens, Comptroller and Development Coordinator, Davis Heritage, 20725 SW 46th Avenue, Newberry, Florida: presented introductory remarks and gave a presentation to those in attendance. At the conclusion of her presentation Ms. Stephens stated, "There are two (2) things that we are actually here to ask you for. One (1) is the Conditional Use for the property to allow us to build multi-family apartments." Ms. Stephens then explained that the requirement "To get those tax credits, that we have a local contribution from the City or County that we do business in - that the apartments will be built in - that contribution that I am coming to you to ask for tonight is approximately $150,000.00." The "Public Input" portion of this Agenda Item was opened Mr. Marshall Allen, 1065 Winter Springs Boulevard, Winter Springs, Florida: inquired about apartments built in Jenkinsburg, Georgia. The "Public Input" portion of this Agenda Item was closed. With discussion, Mr. Baker clarified that the recommendation was "Subject to the criteria in Section 20-234." "I WOULD LIKE TO MAKE A MOTION TO RECOMMEND TO THE CITY COMMISSION THE GRANTING OF A CONDITIONAL USE FOR THE SUBJECT PROPERTY TO ALLOW MULTI-FAMIILY DEVELOPMENT IN THE SUBJECT C-l ZONING DISTRICT SUBJECT TO THE CRITERIA PURSUANT TO SECTION 20-83. AND SECTION 20-234. OF THE ZONING CHAPTER OF THE CITY'S CODE OF ORDINANCES." MOTION BY VICE CHAIRMAN JACK TAYLOR. SECONDED BY BOARD MEMBER JOHN HERBERT. DISCUSSION. VOTE: BOARD MEMBER HERBERT: AYE VICE CHAIRMAN T AYLOR: AYE CHAIRMAN WATERS: NAY MOTION DID NOT CARRY. Discussion. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 24, 2003 PAGE 14 OF 30 ADJOURNMENT MOTION TO ADJOURN. WITH CONSENSUS OF THE BOARD, THE SPECIAL MEETING OF THE BOARD OF ADJUSTMENT WAS ADJOURNED AT 9:31 P.M. MOTION CARRIED. Chairman Waters adjourned the Special Meeting of the Board of Adjustment at 9:31 p.m. .:..:. AGENDA NOTE: THE SPECIAL MEETING OF THE BOARD OF ADJUSTMENT WAS THEN TURNED OVER TO MAYOR BUSH AND THE CITY COMMISSION. .:..:. Discussion. Tape 3/Side A Discussion ensued on the urgency of this Agenda Item and monies. Commissioner Blake said, "The information you told me - should be in this packet. The discussion of contributions should be in this packet. The information on whether or not they are going to be making a contribution back or an explanation of why it is special and why we need to hear it out of order, should be in here." Further discussion. Mayor Bush 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 GRANT A CONDITIONAL USE PERMIT APPLICATION FOR THE SUBJECT PROPERTY - SUBJECT TO SECTION 20-234. AND IT HAVING A POSITIVE EFFECT ON THE SURROUNDING PROPERTIES." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. ATTORNEY GARGANESE SUGGESTED, "I WOULD JUST RECOMMEND TO THE COMMISSION THAT YOU SET A MAXIMUM DWELLING UNITS PER ACRE." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 24, 2003 PAGE 15 OF 30 "I WOULD LIKE TO MAKE AN AMENDMENT TO THE MOTION THAT WE ALLOW EIGHT (8) DWELLINGS - PER GROSS ACRE." AMENDMENT TO THE MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: (ON THE AMENDMENT) COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR MILLER: AYE MOTION CARRIED. MS. STEPHENS STATED THAT THE PLANS THAT WERE SHOWN THIS EVENING DURING HER PRESENTATION WERE "ONLY CONCEPTUAL." VOTE: (ON THE MOTION, AS AMENDED) COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. Commissioner Blake said, "I would certainly entertain the idea of having a Special Meeting, say a week from now or so, if a quorum could be gathered, giving the City Manager a week to sit down with these people and hammer out whatever agreement he might find appropriate - give us the best shot they can, and then we decide up or down." Futhermore, Commissioner Blake said, "Give the Manager an opportunity to work with these folks and determine whether or not there is some common ground, and if there isn't, we won't have the Meeting." With the consensus of the City Commission, it was agreed that a Special Meeting would be held on this issue on Monday, March 31 st, 2003 - 6:30 p.m. A recess was called at 9:58 p.m. The Meeting reconvened at 10:07 p.m. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 24, 2003 PAGE 16 OF 30 REGULAR - PART II (NEW AGENDA ITEMS FOR THIS MEETING) REGULAR 18. A. Community Development Department Requests That The Commission Review And Adopt The Final Draft Interlocal Agreement For Public School Facility Planning. Ms. Eloise Sahlstrom, AICP, ASLA, Senior Planner, Community Development Department presented her remarks related to this Agenda Item. Deputy Mayor Miller returned to the Commission Chambers at 10:08 p.m. "I WOULD LIKE TO MAKE A MOTION TO APPROVE ITEM 'A.'" MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION.- VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE DEPUTYMAYORMILLER: AYE Commissioner Blake returned to the Commission Chambers at 10:09 p.m. Attorney Garganese returned to the Commission Chambers at 10:09 p.m. COMMISSIONER BLAKE: AYE MOTION CARRIED. Ms. Sahlstrom pointed out that "I did state in your report that this replaced the previous Agreement and that in fact is not true." REGULAR 19. B. Community Development Department Requesting Commission Consider And Approve A Development Agreement And Its Associated Final Engineering/Site Plan For The State Road 434 Retail Development (A.K.A. Villagio), Located On A 9.15-Acre Tract Along The South Side Of State Road 434, Adjacent To And West Of Stone Gable. Mr. Baker introduced the Agenda Item. Discussion. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 24, 2003 PAGE 17 OF 30 Mr. John McCann, John McCann & Associates, 5850 Master's Boulevard, Orlando, Florida: addressed the City Commission. Discussion. Commissioner Martinez stated, "When this Agreement first came before us, I took exception to the wording, it is on page 3 now - 8 lines up from the bottom. It says, 'McCaba shall construct the wall utilizing construction techniques that will preserve a total of approximately 61 trees in the Buffer...' I objected to this approximate figure then and I am objecting to it now. I don't like to see 'Approximate.' Commissioner David W. McLeod suggested that we insert in there, maximum 61, not less than 58; and I thought that the Commission agreed with that." Furthermore, Commissioner Martinez said, "Could we remove this 'Approximate' from there, please." Mr. Gregory D. Lee, Esquire, Lowndes Drosdick Doster Kantor & Reed, P.A., 215 North Eola Drive, Orlando, Florida: speaking for the applicant, Mr. Lee stated, "You are exactly correct. My recollection serves that we agreed to remove that; that it was an oversight, and we would agree to strike that from the Agreement, prior to its execution. And we don't have any problem with that at all." Discussion. COMMISSIONER McGINNIS SAID, "I MOVE THAT WE APPROVE THE FINAL ENGINEERING SITE PLAN FOR THE PROJECT KNOWN AS VILLAGIO WITH THE DELETION ON PAGE 3 REMOVE 'APPROXIMATELY.'" COMMISSIONER McGINNIS ADDED, "THAT WE APPROVE THE DEVELOPMENT AGREEMENT AND THE - ENGINEERING SITE PLANS FOR THE PROJECT KNOWN AS VILLAGIO." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. Tape 3/Side B ATTORNEY GARGANESE ADDED, "THAT'S THE STAFF'S STIPULATIONS TOO - MR. BAKER IS BRINGING TO MY ATTENTION, ITEMS 4. TO 7. IN THE STAFF REPORT." MAYOR BUSH SAID, "WE SHOULD HAVE AN AMENDMENT TO INCLUDE THOSE." "SO MOVED." AMENDMENT TO THE MOTION BY COMMISSIONER MARTINEZ. SECONDED. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 24, 2003 PAGE 18 OF 30 VOTE: (ON THE AMENDMENT) COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR MILLER: NAY MOTION CARRIED. VOTE: (ON THE MOTION, AS AMENDED) COMMISSIONER MARTINEZ: AYE DEPUTYMAYORMILLER: NAY COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. REGULAR 20. C. Community Development Department Requests That The City Commission Consider An Additional Subway Sign Proposed For The State Road 434 Frontage On Building "9" Within The JDC Calhoun Town Center Site. Ms. Sahlstrom introduced this Agenda Item and presented background information. Discussion. Ms. Sahlstrom stated, "The reason we are bringing it before the Commission is that the elevation here on this side did not designate placement of sign age on [State Road] 434 at all - and so the size of this signage is appropriate within the Code, but because the placement isn't under the authority of the Staff DRC, we brought it before you, for your review. " Discussion. "I MOVE THAT WE DO NOT ALLOW - THAT ONE CIRCLE." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 24, 2003 PAGE 19 OF 30 VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MARTINEZ: AYE DEPUTYMAYORMILLER: AYE MOTION CARRIED. "I WOULD LIKE TO MAKE A MOTION THAT WE ALLOW THREE (3) SIGNS AS LONG AS NO MORE THAN ONE (1) SIGN IS VISABLE FROM A STRAIGHT ON ANGLE, AT ANY ONE TIME; WHICH MEANS NOT ON THE SHORT ANGLED WALL OVER THE WALL OR OVER THE DOOR, BUT ON THE EAST SIDE, THE SOUTH SIDE, AND ON THE WEST SIDE OF THE BillLDING." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: COMMISSIONER McGINNIS: NAY COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: NAY COMMISSIONER McLEOD: AYE DEPUTYMAYORMILLER: AYE MOTION CARRIED. REGULAR 21. D. Office Of The City Manager Requesting The Commission To Take The March 10,2003 Agenda Item "E" From The Table To Approve The Revised Development Agreement As Amended. (This Agenda Item Pertains To A Development Agreement With Chanh Nguyen To Repair A Borrow Pit Located On A 4.42 Acre Site North Of Winter Springs High School.) "MOTION TO REMOVE FROM THE TABLE." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY DEPUTY MAYOR MILLER. DISCUSSION. VOTE: DEPUTY MAYOR MILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 24, 2003 PAGE 20 OF 30 Manager McLemore spoke on this Agenda Item. With discussion on some of the terms of the Development Agreement, Commissioner McLeod suggested, "I would say that we probably should hold a minimum of a $100,000.00 Bond." Commissioner Blake then asked, "Is there a way for us to enjoin him in this Agreement as well?" Attorney Garganese stated, "A Joinder [And Guarantee] - have the Contractor sign agreeing to applicable terms and conditions." Regarding the proposed 6:00 a.m. referenced time, Commissioner Blake stated, I believe 7:00 [a.m.] is the earliest we allow any activities of a construction nature - page 4 of 11, it is number 82.0 - Hours of Operation." Further, Commissioner Blake said, "I would definitely want to see that changed back to 7:00 [a.m.]." Additionally, Commissioner Blake stated, "The 8:00 p.m. - also on the storage and maintenance, not knowing what that means, I would be concerned about." Furthermore, regarding the Performance Bond, Commissioner Martinez suggested, "Maybe it should go up to $100,000.00." "I WOULD LIKE TO MAKE A MOTION THAT WE EXTEND FOR ANOTHER HOUR." MOTION BY COMMISSIONER McLEOD. SECONDED. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR MILLER: AYE MOTION CARRIED. "I WOULD LIKE TO MAKE A MOTION WE APPROVE THE DEVELOPER'S AGREEMENT SUBJECT TO THE CHANGES DISCUSSED TillS EVENING WHICH ARE - TO INCREASE THE BOND OR LETTER OF CREDIT LEVEL TO $100,000.00; TO ENTER INTO A JOINDER [AND GUARANTEE] AGREEMENT WITH MR. MEAD, SUBJECTING HIM TO THE REQUIREMENTS POSSIBLE FROM THE DEVELOPER'S AGREEMENT AND THIRDLY, TO ADJUST THE START TIME IN THE MORNING FOR MAINTENANCE - AND OPERATIONS, FROM 6 A.M. TO 7 A.M." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 24, 2003 PAGE 21 OF 30 Mr. George B. Wallace, Esquire, 700 West First Street, Sanford, Florida: suggested the City Commission "Consider amending your Motion to say Mr. Mead or any other." Attorney Garganese stated, "I'll take care of that technicality. That was the intent of my comment, and I think that's what the Commission agreed to as a matter of fact." VOTE: COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER BLAKE: NAY COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. Commissioner Martinez departed the Meeting at 11 :07 p.m. REGULAR 22. E. Community Development Department Requesting Commission Approve A Modification To An Existing Development Agreement And A Landscape Beautification Easement. Mr. Baker introduced this Agenda Item. Ms. Ellen Avery-Smith, Foley & Lardner, 111 North Orange Avenue, Suite 1800, Orlando, Florida: addressed the City Commission on this issue. Discussion. "I MAKE A MOTION TO APPROVE AGENDA 'E' - AS OUTLINED UNDER THE STAFF RECOMMENDATIONS." MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: DEPUTYMAYORMILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 24, 2003 PAGE 22 OF 30 REGULAR 23. F. Office Of The City Manager Requesting The Commission To Review A Proposal For Settlement Of The Lighting Issue At The Town Center. Manager McLemore reviewed a lighting plan of the Town Center. Tape 4/Side A With discussion, Manager McLemore reviewed the proposed lighting styles and said, "I did add two (2) caveats, and that is and it's in your package, that they would improve the lighting around the fountain because the lighting is so dull - and that they would apply some treatment to the fountain, to try to brighten it up; and that they would agree to take those - white opaque windows off of the Publix, and replace them with the same..." Commissioner Blake added, ".. .Darker glass..." Manager McLemore then said, ". . . Right. " Discussion. Deputy Mayor Miller stated, "I don't want to see any single head modern style fixtures or triple head modern style fixtures unless we can reach some agreement this evening, that over a period of time, which the City Manager can decide, a year, or two (2) years, three (3) years, that all of these fixtures are brought into compliance with what we originally asked for, agreed to, and believed we were going to get." Furthermore, Deputy Mayor Miller added, "I think we ought to force this issue tonight, and we ought to ask the City Manager to come back if he has to with some arrangement - where all of these can be brought into compliance over a period of time." Commissioner McGinnis agreed with Deputy Mayor Miller and said, "I think the Developer should have to return it to the original concept." Deputy Mayor Miller then stated, "I think if we direct the - City Manager and Staff to try and work this out over a period of over two (2) or three (3) years, or whatever period of time." Discussion. Deputy Mayor Miller added, "I think we ought to give the City Manager a mandate to go back and try to work this out over a period of time that will both have minimal impact on the City, on the Town Center and would also be agreeable to the Developer, and bring it back to us." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 24, 2003 PAGE 23 OF 30 "I DO MAKE A - RECOMMENDATION THAT WE TAKE THE ADVICE OF STAFF AND RON [McLEMORE'S] RECOMMENDATION TO USE NUMBER II, TO INCLUDE THE PROPOSED LIGHTING AND THE PAINTING AND OR STAINING ENHANCEMENTS TO THE FOUNTAIN AND THE REPLACEMENT OF THE GLASS AT THE [STATE ROAD] 434 SITE OF THE PUBLIX, AND A SETTLEMENT AGREEMENT AND ALONG WITH THE - PLANS THAT WE HAVE IN FRONT OF US HERE; THE SE1, AND I WOULD LIKE TO SEE THAT THIS SEl IS DATED AS TODAY'S DATE, SO THAT WE HAVE A REFERENCE TO GO BACK TO AND TO TAKE ONE OF THESE THAT IS - OUR COLORED EXHIBIT AND TO HAVE IT PART OF THE RECORD." MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. MANAGER McLEMORE SUGGESTED TO THE COMMISSION, "INSTEAD OF VOTING TONIGHT, TABLE IT AND LET ME GO BACK TO THE DEVELOPER AND TALK TO HIM ABOUT THIS IDEA." "I WOULD MAKE A MOTION THAT WE TABLE - THE MOTION." MOTION BY DEPUTY MAYOR MILLER. Note: No action was taken on the above Motion. MAYOR BUSH SAID THE MOTION WAS "TO ACCEPT NUMBER II - INCLUDE PROPOSED LIGHTING AND PAINTING AND/OR STAINING ENHANCEMENTS TO THE FOUNTAIN AND THE REPLACEMENT OF SPANDREL GLASS ON THE STATE ROAD 434 SIDE OF PUBLIX AND A SETTLEMENT AGREEMENT." COMMISSIONER McLEOD ADDED, "WITH THE CHANGES AS SHOWN ON THIS PLAN AND DATED - SEl." VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: NAY COMMISSIONER BLAKE: AYE DEPUTY MAYOR MILLER: NAY MAYOR BUSH: NAY MOTION DID NOT CARRY. "I WOULD LIKE TO MAKE A MOTION THAT WE INSTRUCT THE CITY MANAGER TO TRY AND COME UP WITH - AN AGREEMENT THAT MIGHT SPAN A YEAR OR TWO (2), WHATEVER IS POSSIBLE TO ADDRESS THIS ISSUE SO THAT THE LIGHTING PLAN WOULD BE IN COMPLIANCE - WITH WHAT IT WAS ORIGINALLY SUPPOSED TO BE." MOTION BY DEPUTY MAYOR MILLER. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 24,2003 PAGE 24 OF 30 DEPUTY MAYOR MILLER RESTATED HIS MOTION AS "TO INSTRUCT THE CITY MANAGER TO NEGOTIATE ONCE AGAIN WITH DORAN TO TRY AND BRING THE LIGHTING PLAN BACK INTO COMPLIANCE WITH THE ORIGINAL PLAN." SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. "I WOULD LIKE TO AMEND THE MOTION TO LOOK AT TRYING TO BRING IT INTO COMPLIANCE AS REASONABLY AS POSSIBLE, MEANING THERE MAY BE OTHER ALTERNATIVES HERE." AMENDMENT TO THE MOTION BY COMMISSIONER McLEOD. SECONDED BY DEPUTY MAYOR MILLER. DISCUSSION. VOTE: (ON THE AMENDMENT) COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE DEPUTYMAYORMILLER: AYE MOTION CARRIED. DISCUSSION. Tape 4/Side B WITH FURTHER DISCUSSION, MANAGER McLEMORE STATED, "THESE BUILDINGS ,NEED TO BE CO'D [CERTIFICATE OF OCCUPANCY'D)." MAYOR BUSH INQUIRED, "HAS THIS HELD UP THE CO'S [CERTIFICATE OF OCCUPANCY'S) OF THESE BUILDINGS?" MANAGER McLEMORE STATED, "I NEED TO GO BACK AND READ THAT AGREEMENT." DEPUTY MAYOR MILLER SAID, "BRING IT BACK TO US AT THE NEXT MEETING." VOTE: (ON THE MAIN MOTION, AS AMENDED) COMMISSIONER McGINNIS: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: NAY DEPUTY MAYOR MILLER: AYE MOTION CARRIED. "MOTION TO EXTEND HALF AN HOUR." MOTION BY DEPUTY MAYOR MILLER. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 24, 2003 PAGE 25 OF 30 VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR MILLER: AYE MOTION CARRIED. REGULAR G. Not Used. REGULAR 24. H. Community Development Departinent - Arborist Recommends The City Commission Consider The Request Of Dave & Jill Mudge To Remove 1 Specimen Hickory Tree Of 38 Inches In Diameter. Ms. Jill Mudge, 1205 Winding Chase Boulevard, Winter Springs, Florida: outlined her request to remove a tree. "I WOULD BE WILLING TO MAKE A MOTION TO ADOPT STAFF'S FINDINGS AND TO GRANT THE REQUEST." MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR MILLER. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR MILLER: AYE MOTION CARRIED. REGULAR 25. I. Community Development Department - Arborist Recommends The City Commission Consider The Request Of Mr. Saul Betancourt And Ms. Julie Marrero To Remove One (1) 34-Inch Specimen Loblolly Pine. "I MAKE A MOTION TO ADOPT STAFF'S RECOMMENDATION AND GRANT THE REQUEST." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 24, 2003 PAGE 26 OF 30 VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR MILLER: AYE MOTION CARRIED. REGULAR 26. J. Community Development Department - Arborist Recommends The City Commission Consider The Request Of Ms. Yolanda M. Trento To Remove One (1) 22-Inch Specimen Loblolly Pine. "I RECOMMEND WE ADOPT STAFF'S RECOMMENDATION AND GRANT THE REQUEST." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE: COMMISSIONER McLEOD: AYE DEPUTY MAYOR MILLER: NAY COMMISSIONER BLAKE: AYE MOTION CARRIED. REGULAR 27. K. Community Development Department - Arborist Recommends The City Commission Consider The Request Of Ms. Sheilah Therkildsen To Remove One (1) 34-Inch Specimen Sweet Gum, And One (1) 40- Inch Specimen Live Oak. "I MAKE A MOTION TO ADOPT STAFF'S RECOMMENDATION AND GRANT THE REQUEST." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. Mr. Michael Mingea, ArboristlEnvironmental Inspector, Community Development Department addressed the City Commission. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE: COMMISSIONER McGINNIS: AYE DEPUTY MAYOR MILLER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 24, 2003 PAGE 27 OF 30 REGULAR 28. L. Parks And Recreation Department Requests That The City Commission Consider The Request Of D. Paul Williams, D.V.M. Of The Winter Springs Paw Park Advisory Committee. With discussion, Commissioner Blake stated, "I would recommend no action." No further action was taken on this Agenda Item by the City Commission. REPORTS REPORTS 31. A. City Attorney - Anthony A. Garganese, Esquire Attorney Garganese advised the City Commission of "One lawsuit that was filed against the City of Winter Springs by Mr. Binford and his neighbor, over the State Road 434 signs. " REPORTS 32. B. City Manager - Ronald W. McLemore Manager McLemore noted that "Weare preparing now an enforcement action against Centex on the Wagner's Curve property. It involves the cutting of 344 trees that were not supposed to be cut. We will be dealing with that in the days ahead and keeping you informed. " REPORTS 33. C. City Clerk - Andrea Lorenzo-Luaces No Report. REPORTS 34. D. Commission Seat Two - Michael S. Blake Commissioner Blake noted some complaints that he has recently received about the Building Department related to "Timing - how long it takes; inspection issues - the manner in which inspections are being completed; and one person even discussed with me the manner in which our contract Inspector is being paid and - because he gets paid, apparently not for the job or the inspection, but by the hour, how it seems to be more lucrative for him to create return trips." Commissioner Blake added, "I think if we have an issue over in the Building Department, again, that we really need to look at it and address it." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 24, 2003 PAGE 28 OF 30 Secondly, Commissioner Blake said that "Paul Partyka has spoken with me about an offer to review our procedures from an outsider's standpoint, in the Development Review area, along with the Building Department, and to come up with a list of recommended changes or actions that would create a much more streamlined and efficient operation there." Commissioner Blake further stated that Mr. Partyka "Would attempt to do it in a way that is as non-intrusive as possible for the Department and he thinks it would require a little bit of time to meet with a few individuals in the Community Development and Building Department, just to get a feel of some issues which may seem obvious but probably are not, to make sure that it is not going in the wrong direction; and then he would deliver a report to either this Commission or to you or to whomever." Commissioner Blake also noted that Commissioner McLeod or Mayor Bush could also contribute comments. Mayor Bush then said, "I'll speak to the Manager about it." REPORTS 35. E. Commission Seat Three - Edward Martinez, Jr. No Report as Commissioner Martinez had already departed the Meeting. REPORTS 36. F. Commission Seat Four - Sally McGinnis Commissioner McGinnis spoke about the State Road 434 Sign Ordinance and stated, "I would still like an update - maybe at our next Meeting Ron [McLemore]. Attorney Garganese added, "With respect to those two (2) property owners that filed a suit - when they file these written prohibitions, it acts as a Stay, so we cannot take any enforcement action against Mr. Binford and the adjacent property owner, at this time." REPORTS 37. G. Commission Seat Five - David W. McLeod Commissioner McLeod also spoke on Paul Partyka's offer (which was mentioned earlier) and the outcome of Commissioner Blake's comments. Manager McLemore said, "It was just directing me to meet with Paul [Partyka]. Commissioner McLeod added that "I have had the same discussion with Mr. Partyka." Furthermore, Commissioner McLeod said, "If there is a way to streamline - that, I would be totally in agreement of doing that." REPORTS 38. H. Commission Seat One/Deputy Mayor - Robert S. Miller Deputy Mayor Miller stated, "I would like to get - an Informational Agenda Item, at the next City Commission Meeting on where the County and the State and the City is on Village Walk, and when it is going to start, and all of the details." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 24, 2003 PAGE 29 OF 30 Next, Deputy Mayor Miller commented on the City paying Lynx $38,000.00; and read an excerpt from a recent article related to the Lynx organization. REPORTS 39. I. Office Of The Mayor - John F. Bush Mayor Bush remarked that he had received a call from a citizen about a problem with a soccer match. Mayor Bush commended the Parks and Recreation Department and said, "Chuck [Pula, Parks and Recreation Department Director], your people did a great job handling a very tense meeting, and also the Police - the policeman who arrived - he did a great job." Furthermore, Mayor Bush noted that the field originally built was developed so it drained well, but now over time, the thatch has built up to where it is not draining as good as it should and it needs to be fixed~ It is a good time to tell Chuck [Pula, Parks and Recreation Department Director] to put it in his Budget to get it fixed." Furthermore, Mayor Bush said, "If that is really the case, I think that it is something we need to look at. " Secondly, Mayor Bush said, "I met today with the Homebuilder's Association, and representatives of Centex Homes and Morrison Homes - who basically were concerned about the permitting system, and the way we assess fines, etceteras." Mayor Bush then said that they wanted to meet with each of the Commissioners or another possibility was to hold a "Workshop with the major developers - Centex [Homes] and Morrison [Homes] and Staff with the Commission to be in the same room to hear both sides of the story." Additionally, Mayor Bush stated, "They are complaining that our fees are so high - I said give me a comparison, because I thought you all would want to see this, of how we stack up on the other cities in Seminole County, on all of these issues of which they were lodging complaints; and they said they would do that." Mayor Bush then said, "I will ask the Manager to set up a date with them that we can all attend." With discussion on such a Workshop, Mayor Bush said, "I think a Workshop is in order but - why don't we put it out far enough - I will ask Mr. McLemore to deal with the Homebuilder's Association, and we will get some dates picked out into the future - Mayor June." Thirdly, Mayor Bush advised the City Commission that regarding Diane Black's 5K Run - "They asked the City to waive the sixty dollar ($60.00) fee for Banners - I told Ms. Black that I would ask the Commissioners all to chip in ten dollars ($10.00) and we will cover it." Regarding who the Commissioners should make the check payable to, Mayor Bush stated, "I will get you the exact title and get you Ms. Black's name and address." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 24,2003 PAGE 30 OF 30 .:..:. AGENDA NOTE: THE FOLLOWING ADDITIONAL REPORT WAS GIVEN NEXT, AS DOCUMENTED. .:. .:. REPORTS REPORTS 34. D. Commission Seat Two - Michael S. Blake Commissioner Blake spoke of a letter related to the "Three (3) properties on Orange Avenue that wanted to annex in." Commissioner Blake inquired, "Another time, didn't we send out letters to those folks, inviting them to annex in, and without fees?" Manager McLemore said, "We said we would do it without the - annexation/application fee." Commissioner Blake then asked, "Are we not doing that?" Manager McLemore said, "We are preparing something to come back." ADJOURNMENT Mayor Bush adjourned the Meeting at 12:38 a.m. RESPECTFULLY SUBMITTED: NZO-LUACES, CMC APPR(!JVE1J: :::..,.....:-,.; '';' ~~ ." .,.. ./;-: - , . . ..' .~A~ o' ? "~J\, JF. BUSfF b---; . ~ .co'::,: ~ :;;~, '-. YOR o<;~ \~ .-"f};; ": T:'~'- _ .1 J _,.~ ~~.:~~~ -.-. .. -. --- ... .i,~() ~ -: ,,"'"'''~''' NOTE: These Minutes were approved at the April 14, 2003 Regular City Commission Meeting.