Loading...
HomeMy WebLinkAbout_2004 04 12 City Commission Regular Minutes CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING APRIL 12,2004 CALL TO ORDER The Regular Meeting of Monday, April 12, 2004 of the City Commission was called to . order by Mayor John F. Bush at 6:31 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 Edward Martinez, Jr., present Commissioner Robert S. Miller, present Commissioner Michael S. Blake, absent 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. Mayor Bush led the Pledge of Allegiance after a moment of silence. / PUBLIC INPUT Mr. Tom Waters, 1033 Antelope Trail, Winter Springs, Florida: spoke against additional pet/animal restrictions. City Attorney Anthony A. Garganese arrived at 6:33 p.m. Ms. Gail Nagan, 303 Altamonte Bay Club, #106, Altamonte Springs, Florida: also commented on the pet/animal Ordinance and suggested a spay/neuter Ordinance instead of further restrictions. Ms. Gloria Wade, 120 North Fairfax Avenue, Winter Springs, Florida: suggested the City be a "pet friendly" community. Ms. Pamela Vordegurg, 130 East Concord Street, Orlando, Florida: as a member of Orange County's Dog Classification Committee, Ms. Vordeburg suggested less animal legislation. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 12,2004 PAGE 2 OF 25 Mr. Bob Henderson, 635 White Ibis Court, Winter Springs, Florida: as the Vice President of the Greenspointe Homowner's Association, Mr. Henderson spoke on a cat problem in Greenspointe and asked that the animal/pet Ordinance be reviewed. Discussion. Ms. Joanne Krebs, 1002 Taproot Drive, Winter Springs, Florida: noted concerns that the Planning And Zoning Board/Local Planning Agency had with deficient parking planned for the Barclay Woods project. Ms. Krebs further remarked that she favored what Mr. Waters had said earlier this evening on less pet/animal restrictions. Mr. Gene Lein, 1173 East Winged Foot Circle, Winter Springs, Florida: commented on the Agenda Item related to a proposed Aquatics center. Mr. Art Hoffman, 1436 Mt. Laurel Drive, Winter Springs, Florida: remarked about the Agenda Item related to the Senior Center and suggested that no additional fees be imposed on Senior Citizens. Ms. Isabelle Laub, 1372 Blue Spruce Court, Winter Springs, Florida: said that the Senior Center was not meant to be a money making effort and also said that there should not be additional fees charged to the Senior Citizens. Discussion. Mayor Bush stated that regarding Informational Agenda Item '303' - "Why don't we pull this one off the Agenda so we can discuss it." Commissioner Robert S. Miller suggested, "I would like to do it at the end of the - Informational Agenda." Mr. Ron Wilbanks, 619 Anhinga Road, Winter Springs. Florida: also lives In the Greenspointe community and noted a problem with excessive cats. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 100. Not Used. CONSENT AGENDA CONSENT 200. Information Services Department Requests Authorization To Dispose Of Surplus Assets According To The Attached Disposition Sheets. This Agenda Item was not discussed. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETfNG - APRIL 12,2004 PAGE 3 OF 25 CONSENT 201. Office Of The City Manager Requests That The City Commission Approve Resolution Number 2004-11, Establishing A Policy Regarding The Use Of City-Issued Credit Cards. No discussion. CONSENT 202. Office Of The City Attorney Requests That The City Commission Consider Adopting Resolution Number 2004- 12, Establishing A Formal Policy For The Public To Address The Mayor And City Commission At Public Meetings. There was no discussion on this Agenda Item. CONSENT 203. Parks And Recreation Department Requesting The City Commission To Accept The Proposal Of Pyrotecnico And Authorize The City Manager To Execute A Contract With The Approved Proposal For A Fireworks Display On July 4, 2004. This Agenda Item was not discussed. CONSENT 204. Utility Department Requesting Supplemental Appropriation In The Amount Of $14,545.00 For Emergency Sewer Repairs. No discussion. CONSENT 205. Community Development Department Requests The City Commission Validate The Staff Recommendation Finding Phase II Of The Tuskawilla Trails Mobile Home Park Built In Substantial Accordance With The Final Engineering And To Accept The Potable Water And Sanitary Sewer Infrastructure For Ownership And Maintenance. There was no discussion on this Agenda Item. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 12,2004 PAGE 4 OF 25 CONSENT 206. Fire Department Requesting Authorization To Purchase Thermal Imaging Camera From Grant Funds By Piggybacking Off City Of Albany - Bid Number 01-088 Line Item Number 1. This Agenda Item was not discussed. CONSENT 207. Parks And Recreation Department Recommending The City Commission To Authorize The City Manager To Grant A Utility Easement To Progress Energy (FPL) In The Back Of Central Winds Park And Approve The Cost Of $15,889.96 To Provide 3 (Three) Phase Underground Service For The Irrigation Pump Station. No discussion. CONSENT 208. Police Department Requesting The Commission To Give Approval To Move Forward With The Proposal From Professional Air Balancing, Inc. For The Completion Of The Public Safety Facility Build-Out. There was no discussion on this Agenda Item. CONSENT 209. Office Of The City Clerk Approval Of The March 22,2004 City Commission Regular Meeting Minutes. Discussion. "MOTION TO APPROVE 'CONSENT' AGENDA." MOTION BY DEPUTY MAYOR MARTINEZ. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER MILLER TO APPROVE THE 'CONSENT' AGENDA." DISCUSSION. VOTE: DEPUTY MAYOR MARTINEZ: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 12,2004 PAGE 5 OF 25 INFORMATIONAL AGENDA INFORMATIONAL 300. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. No discussion. INFORMATIONAL 301. Information Services Department Wishes To Update The Commission On The Status Of The LT. (Information Technology) Plan Created In FY (Fiscal Year) 2002. There was no discussion on this Agenda Item. INFORMATIONAL 302. Public Works Department Advising The City Commission On Current Progress Of The Urban Beautification Division. This Agenda Item was not discussed. INFORMATIONAL 303. Parks And Recreation Department Providing Information Requested By The City Commission Regarding The Civic And Senior Center Rules And Regulations. As stated earlier under "Public Input", Mayor Bush stated that regarding Informational Agenda Item '303' - "Why don't we pull this one off the Agenda so we can disccss it." "I WOULD LIKE TO MAKE A MOTION TO APPROVE THE 'INFORMATIONAL' AGENDA WITH THE EXCEPTION OF ITEM '303' WHICH HAS BEEN PULLED." MOTION BY DEPUTY MAYOR MARTINEZ. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE DEPUTY MAYOR MARTINEZ: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 12,2004 PAGE 6 OF 25 .:..:. AGENDA NOTE: THE FOLLOWING INFORMATIONAL AGENDA ITEM WAS DISCUSSED INDIVIDUALLY, AS DOCUMENTED. .:. .:. INFORMATIONAL INFORMATIONAL 303. Parks And Recreation Department Providing Information Requested By The City Commission Regarding The Civic And Senior Center Rules And Regulations. Commissioner Miller stated, "If need be, I think maybe we should instruct the City Manager to send a letter to the Senior Citizens Center which would be posted there on the board publicly that it is not the intention of these regulations to increase the dues." Commissioner Miller added, "I thought the impact on this would be outside organizations coming to use the Senior Citizens Center - they would be asked to bear the cost of their functions. " Mr. Chuck Pula, Parks and Recreation Department Director agreed that this Agenda Item addresses "Non-Senior use, during non-Senior hours." Discussion. Ms. Susie Coffman, Manager of the Senior Center also spoke on this Agenda Item. Commissioner Miller then said to Ms. Coffman, "If you would keep us informed - if you hear these rumors going around, please let somebody up here know." With further brief discussion, Mr. Pula added, I will present it to the Seniors again and make sure they get a copy." "MOTION TO APPROVE." MOTION BY COMMISSIONER MILLER SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. Tape IISide B VOTE: COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR MARTINEZ: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 12,2004 PAGE 7 OF 25 PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 400. Community Development Department Presents To The City Commission A Request For 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. Mr. Baker presented his introductory comments. Commissioner Miller spoke for record about concerns he had regarding whether there would be an Homeowner's Association affiliated with this project. Deputy Mayor Edward Martinez, Jr. stated, "I would like to see it done the way it is spelled out here with commercial frontage on [State Road] 434." Mayor Bush opened the "Public Input" portion of the Agenda Item. Mr. Paul Chipock, Esquire, Gray, Harris and Robinson, P.A., 301 East Pine Street, Orlando, Florida: representing Metropolis Homes Company, Mr. Chipock mentioned that he was joined by Mr. Max Sabetti of Metropolis Homes Company and Mr. Michael Carter, Project Engineer. Discussion ensued on Homowner's Associations. Mr. Chipock said, "Yes, there would be a Homeowner's Association, or Condo Association in accordance with State Law. They are intended to be utilized as for sale units, not rental units so the State Statutes do require an Association to be in place. There would be no rentals, it is going to be owner-owned. There is no subsidy, no State or Federal Funding, it is going to be a straight product for sale; and again, Staff has recommended and we agree with the recommendation that the commercial frontage be retained along [State Road] 434." Discussion further ensued on whether these units would be rented. Mr. Chipock stated, "There will not be a Management Corporation in there renting out these units on a regular basis." Commissioner Miller said, "If a certain number of them became rental units, I would be interested to know what that number might be before we start." With further discussion on the possibility of rental units, City Manager Ronald W. McLemore stated, "Whether there is a prohibition against it, I don't know - I would like to see a Legal Opinion on that." Furthermore, Commissioner Miller added, "I would also like to see the City Attorney to come forward with whatever it is that we can consider." Discussion. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 12, 2004 PAGE 8 OF 25 Attorney Garganese remarked, "On the 'Special Exception,' because you are considering - approval of a 'Special Exception' to allow residential use in a C-l, the plan does show eighty-four (84) units. Is that going to be the maximum John [Baker, A1CP, Senior Planner, Community Development Department] that will be allowed, because that should be part of the conditions?" Mr. Baker stated, "That would be a good condition." Mr. Chipock stated, "We would have no objection to a condition of limiting the maximum to eighty-four (84) units. Correct Max [Sabetti]?" Mr. Max Sabetti, Metropolis Homes Company, 128 East Colonial Drive, Orlando, Florida: responded, "Yes." With further discussion on possible restrictions, Attorney Garganese suggested, "We also may want to take a look at a Florida Supreme Com1 Case, 'Woodside Village Condominium Association, Inc. v. Jahren, , January 3 I'd, 2002 opinion." Attorney Garganese added, "The Developer may want to consider that given the comments that the Commission had this evening." Regarding documents related to Condominiums, Attorney Garganese said, "It would behoove the City Commission to make sure that the Staff reviews those documents, make sure that they are in acceptable forn1 before they are filed. " Commissioner Miller then commented that "I would just like to make sure that some of the concerns that were raised here this evening would be able to be addressed again." Manager McLemore said to Mr. Sabetti to "Just have it in the record about your agreement to review conditions." Mr. Sabetti responded, "That is not a problem." Commissioner Sally McGinnis said, "I was just going to request - I definitely would like to read the documents." Mayor Bush closed the "Public Input" portion of the Agenda Item. "I MAKE A MOTION THAT WE APPROVE [REGULAR AGENDA] ITEM '400' - A REQUEST FOR A 'CONDITIONAL USE' WITH THE ADDITIONAL CONDITION THAT THE NUMBER OF UNITS DOES NOT EXCEED EIGHTY- FOUR (84) AND WITH THE ADDITIONAL CONDITION THAT THE COMMISSION PRESERVES THE RIGHT TO DEAL WITH ANY FUTURE CONDITONAL CHANGES THAT MIGHT COME UP." MOTION BY DEPUTY MAYOR MARTINEZ. MANAGER McLEMORE ADDED, "THEY JUST WANT TO RESERVE THE RIGHT TO COME BACK WITH SOME ADDITIONAL CONDITIONS PRIOR TO APPRO V AL OF YOUR SITE PLAN - GO AHEAD AND APPROVE THE 'SPECIAL EXCEPTION' TONIGHT." MR. CHIPOCK SAID, "THAT IS ACCEPTABLE. " CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 12,2004 PAGE 9 OF 25 ATTORNEY GARGANESE SUGGESTED, "YOU WANT TO RESERVE THE RIGHT TO IMPOSE ADDITIONAL SAFEGUARDS AND CONDITIONS WITH RESPECT TO THEIR CONDOMINIUM ASSOCIATION DOCUMENTS." DEPUTY MAYOR MARTINEZ ADDED, "THAT IS THE MOTION." SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: DEPUTY MAYOR MARTINEZ: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. PUBLIC HEARINGS 401. Community Development Department Presents, For Aesthetic Review, To The City Commission, A Proposed Building Mounted Sign For The Dollar General Store At The Former Badcock Shopping Center. Mr. Baker introduced this Agenda Item. Discussion. COMMISSIONER DAVID W. McLEOD STATED, "IF IT IS GREATER THAN SIX INCHES (6"), THEN I THINK IN THIS CASE THEY NEED TO REMOVE IT, DOWNSIZE IT TO FALL UNDER THE SIX INCHES (6"), AND PAY DOUBLE THE FINE. THAT WOULD BE MY RECOMMENDATION." COMMISSIONER McGINNIS STATED, "I WOULD SUPPORT THAT." DEPUTY MAYOR MARTINEZ STATED, "I AGREE." "I WOULD BE MORE THAN HAPPY TO MAKE THAT THE MOTION AND STAFF CAN VERIFY - HOW FAR IT IS OUT FROM THE BUILDING." MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER MILLER. DISCUSSION. MAYOR BUSH STATED, "THE MOTION WAS THEN TO APPROVE THE SIGN, PAY - THE FINE THAT WAS REQUIRED FOR THEM NOT FILING THE PERMIT AND IF THE SIGN IS IN VIOLATION, TO CORRECT IT." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 12,2004 PAGE 10 OF 25 COMMISSIONER McLEOD ADDED, "THEY WOULD ALSO HAVE TO FOLLOW THE NORMAL PROCEDURES FOR A PERMIT, SO IF THEY NEED DRA WINGS AND SO FORTH, THEY WOULD STILL HAVE TO DO THAT." VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR MARTINEZ: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 500. Community Development Department Requests The City Commission Hear A Request For A Variance By Armando J. Davila From Section 6-85. Of The City Code Of Ordinances, To Encroach As Much As 6 (Six) Feet 9 (Nine) Inches Into The 7 (Seven) Foot Rear Screen Enclosure Setback. The Applicant Wishes To Construct A Screened Enclosure For A Swimming Pool In The Rear Yard, Into The Rear Setback, And On Top Of A Brick Privacy Wall. Mr. Baker introduced this Agenda Item. Mr. Armando J Davila, 977 English Town Lane, #107, Winter Springs, Florida: spoke on his request. Discussion. Ms. Maritza Davila, 977 English Town Lane, #107, Winter Springs, Florida: also addressed the City Commission on this request. After further discussion, Commissioner Miller said, "There are seven (7) other properties that are visually impacted, by whatever it is that you are planning to do here. Have all of those people informed your Homeowner's Association that they had no objection to that?" Mr. Davila responded, "It is my understanding that that's the case." Tape 2/Side A Mr. Davila then stated, "I will be glad to solicit signatures from all of the houses surrounding mine." Much discussion. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL] 2,2004 PAGE] I OF 25 "I WOULD LIKE TO MAKE A MOTION TO DENY THE VARIANCE - I BELIEVE THIS CAN BE ACCOMPLISHED OTHER WAYS." MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. MAYOR BUSH SAID, "ONE OF THE THINGS THAT THE GENTLEMAN DID ASK FOR WAS PERMISSION TO BUILD THE WALL." COMMISSIONER McLEOD ADDED, "I THINK HE NEEDS TO GO BACK AND TALK TO STAFF ABOUT THAT. I DON'T THINK WE HAVE ENOUGH INFORMATION HERE IN FRONT OF US, AND IT IS NOT PART OF THE AGENDA PACKET, SO I THINK HE NEEDS TO GET A PERMIT, ANlD GO SEE STAFF." VOTE: DEPUTY MAYOR MARTINEZ: NAY COMMISSIONER McGINNIS: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. REGULAR 501. Office Of The City Manager Seminole County Providing An Update Of The Proposed Trail Alignment From Layer Elementary Westward Along Old Sanford Oviedo Road. Mr. Frank Van Pelt, III, CPM, Special Events Project Team Leader, Seminole County, Engineering Division, and Mr. Dale Crosby, P.E. of Vanasse Hangen Brustlin, Inc. reviewed several possible Trail alignn1ents with the City Commission. Much discussion. Commissioner Miller said, "3D I think is the preferred route for the entire City of Winter Springs, but 3E is the least preferred for us." Furthermore, Commissioner Miller suggested, "My solution would be to go to the County and ask them to come up with the three million dollars ($3,000,000.00) and lets go after the St. Johns [River] Water Management [District] and put in 4,000 feet of deck and move it wherever they would agree would be least intrusive." Further discussion. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 12,2004 PAGE 12 OF 25 Commissioner McLeod said, "I would have to - agree with Commissioner Miller with his comments." Furthermore, Commissioner McLeod said "What you need to do is to give us the names of the people at the railroad and let each one of the Commissioners here write and let the City Manager and the Mayor write to these people - letting them know how important it is." Commissioner McLeod said, "I cannot believe we cannot get 3D to work." Furthermore, Commissioner McLeod stated, "My advice would definitely be that somehow we need to find a way to support 3D, absolutely. There has got to be a way to get the railroad to allow us to put a walk crossing." Commissioner McGinnis stated, "3e is not an option." Mayor Bush suggested, "I think the County with maybe the help of the City - we ought to try to see if something can be worked out to do 3, and do it right." Tape 2/Side B Further discussion. "I WOULD LIKE TO MAKE A MOTION THAT WE TAKE UNDER ADVISEMENT WHAT WAS SAID, EXPRESSED TO THE COUNTY - RAILS TO TRAILS PROGRAM - OUR DISSATISFACTION WITH 3A AND 3E AND THAT WE PREFER 3D, AND THAT WE WOULD LIKE THEM TO WORK ACTIVELY TOWARDS MAKING THAT A REALITY." MOTION BY COMMISSIONER MILLER. SECONDED]BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR MARTINEZ: AYE COMMISSIONER McLEOD: NAY MOTION CARRIED. Mayor Bush called a recess at 9:07 p.m. The Meeting reconvened at 9: 1 4 p.m. REGULAR 502. Utility Department Requesting The City Commission Approve The Sale And Purchase Agreement For The Tuskawilla Trails Water System. Brief discussion. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 12,2004 PAGE 13 OF 25 "I WOULD LIKE TO MAKE A MOTION THAT WE MOVE ITEM '502'." MOTION BY COMMISSIONER McLEOD. SECONDED BY DEPUTY MAYOR MARTINEZ. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE DEPUTY MAYOR MARTINEZ: AYE COMMISSIONER McLEOD: AYE Commissioner Miller returned to the Commission Chambers at 9:16 p.m. COMMISSIONER MILLER: AYE MOTION CARRIED. REGULAR 503. Parks And Recreation Department Requesting That The City Commission Approve Staff's Plan To Provide For The Staging, Lighting, Sound System, Video Screen, Entertainment, Vendors And Hospitality For The July 4, 2004, Celebration Of Freedom. Mr. Pula spoke on this Agenda Item. Brief discussion ensued on a possible sponsor. "I WOULD LIKE TO MAKE A MOTION TO APPROVE ITEM '503'." MOTION BY DEPUTY MAYOR MARTINEZ. SECONDED BY COMMISSIONER MILLER. DISCUSSION. COMMISSIONER McLEOD INQUIRED, "IS THAT WITH OR WITHOUT A SPONSOR." MANAGER McLEMORE STATED, "THIS WILL APPROVE IT WITHOUT, BUT IF WE CAN FIND THE SPONSOR, THEN WE WILL USE THE SPONSOR; AND WE WILL BRING THAT BACK TO YOU." DEPUTY MAYOR MARTINEZ ADDED, "I MAKE THAT PART OF THE MOTION." FURTHERMORE, COMMISSIONER McLEOD STATED, "SO WE ARE APPROVING - FIFTY-THREE THOUSAND DOLLARS ($53,000.00) TONIGHT RATHER THAN THIRTY THOUSAND DOLLARS ($30,000.00)..." MANAGER McLEMORE STATED, "...WITH A CONTINGENCY THAT IF WE CAN GET A SPONSOR, WE WILL USE ONE TO REDUCE THIS AND WE WILL BRING THAT BACK TO YOU." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 12, 2004 PAGE 14 OF 25 VOTE: COMMISSIONER McLEOD: NAY COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR MARTINEZ: AYE MOTION CARRIED. Commissioner Miller stated, "Point of Order" and noted for the record that he did vote affirmatively for Regular Agenda Item "502. " REGULAR 504. Community Development Department Requests That The City Commission Consider A Wall Sign Proposed For The East (Tuskawilla Road) Side Of The Art Avenue Shop At Building Number 1, Within The JDC Calhoun Town Center Site. Mr. Baker presented his opening remarks. Brief discussion. "I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE ITEM '504'." MOTION BY COMMISSIONER McLEOD. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER McGINNIS." DISCUSSION. VOTE: DEPUTY MAYOR MARTINEZ: NAY COMMISSIONER McGINNIS: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. REGULAR 50S. Public Works Department Requesting The City Commission Consider The Final Right Turn Deceleration Lanes Study. Mr. Kip Lockcuff, P.E., Public Works/Utility Department Director introduced Mr. Fursan Munjed, P.E., of Professional Engineering Consultants, Inc., Mr. Fursan Munjed, P.E., Professional Engineering Consultants, Inc., 200 East Robinson Street, Suite 1560, Orlando, Florida: presented a brief report to the City Commission. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 12,2004 PAGE 15 OF 25 With discussion, Commissioner Miller said, "I would like to see this done in a consistent manner because I was disappointed when the first study came back and that it didn't include the - western area." Furthermore, Commissioner Miller stated, "I would like to see that brought back - so that we have it clear what the first four (4) or five (5) requirements are." Additionally, Commissioner Miller remarked that "I would like to see this prioritized in terms of the first four (4) or five (5) that need to be done, so it is absolutely clear to the City and the Staff and this Commission - the priorities, at least as they exist at the time the study is completed." Mr. Lockcuff suggested, "I think it would be helpful to have a single list prioritized." Commissioner Miller added, "Yes, that way there is no argument among anyone here that this is what the priorities are, and I would like to see them in terms of developed or not developed. " Commissioner McLeod stated, "This is really something that is going to need to be worked from Staffs side, from Kip's [Lockcuff] Department anyhow - rather than take another evening for it to come in front of us, why wouldn't we get it maybe as a Consent - and the numbers to be worked out between - the Consultant and Kip [Lockcuff] for that chart and put it back on as Consent." Mr. Lockcuff stated, "We can do that." Commissioner Miller said, "I don't have any objection to that." Mr. Lockcuff added, "It will be an Amendment to his Report. It will come back as a Consent item, telling you what the Amendment is." "I WOULD LIKE TO MAKE A MOTION THAT - BASED ON STAFF'S RECOMMENDATION, THAT WE APPROVE THIS REPORT AND FURTHER INSTRUCT P.E.C. [PROFESSIONAL ENGINEERING CONSULTANTS, INC.] TO PREP ARE AND SUBMIT A LIST OF PRIORITIES BASED ON THEIR REPORT." MOTION BY DEPUTY MAYOR MARTINEZ. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR MARTINEZ: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 12,2004 PAGE 16 OF 25 REGULAR 506. Office of City Commissioner Sally McGinnis Requesting The Commission To Study The Desirability Of Reinstituting A Limitation On The Number Of Pets Per Household And Other Measures That May Be Needed To Improve The Animal Control Ordinance, And If So, To Establish A Workshop Date. Discussion. "I MOVE THAT WE HAVE A WORKSHOP TO DISCUSS THE PET ISSUE." MOTION BY COMMISSIONER McGINNIS. SECONDED BY DEPUTY MAYOR MARTINEZ. DISCUSSION. VOTE: DEPUTY MAYOR MARTINEZ: AYE COMMISSIONER McLEOD: NAY COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. With discussion, Mayor Bush summarized that the Commission would hold this Workshop on "Tuesday - 6 o'clock - June 15th." REGULAR 507. Office Of The City Manager Requesting The Commission To Review Alternative Fence Designs To Market Square Park. Manager McLemore introduced this Agenda Item. Tape 3/Side A Discussion. "I WOULD LIKE TO MAKE A MOTION TO APPROVE THE ORIGINAL DESIGN." MOTION BY DEPUTY MAYOR MARTINEZ. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: DEPUTY MAYOR MARTINEZ: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER McLEOD: NAY MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 12,2004 PAGE 17 0F25 REGULAR 508. Public Works Department Requesting The City Commission Consider The Request Of The Arbor Glen HOA (Homeowner's Association) Relative To Landscaping And Irrigation Damage Incurred During The Construction Of Tuskawilla Road. Mr. Lockcuff opened the discussion on this Agenda Item and stated, "Typically in these situations, the Contractor is the one that is held responsible, not the COU11ty. Secondly, we will see what we can do." "MOTION TO APPROVE." MOTION BY DEPUTY MAYOR MARTINEZ. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER MILLER TO APPROVE THIS AGENDA ITEM TO HAVE THE MANAGER PURSUE THIS AT THE COUNTY LEVEL." DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR MARTINEZ: AYE MOTION CARRIED. REGULAR 509. Office Of City Commissioner Robert Miller Requesting The Commission To Authorize The City Manager To Issue A Request For Proposal To Develop A Preliminary Plan For Development Of An Athletics/Aquatics Center For Joint Use By The City And Winter Springs High School. Commissioner Miller began the discussion by saying, "1 think it is important that we include this debate in the Budget meetings, and I would like to get it in early enough so that we can either accept or deny it and the only way to do that would be to gather this information and have it presented to us as a potential impact on the Budget for next year. So I would like to get the Commission's approval to instruct the City Manager to go out and gather some of this proposal data so that we can have a financial impact number that we can include in our debates, along with all the other things that would be on the plate for us to consider for next fiscal year." Manager McLemore stated, "If this is something you want to do, then I would suggest that under our 'Continuing Services' agreement with Bill Starmer, that we just have him - do this." Manager McLemore added, "If you want to do it, I would just say - authorize me to go do it and we will do it, and I think we can do it for five thousand dollars ($5,000.00) if we use our 'Continuing Services' contract." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 12,2004 PAGE I80F25 Commissioner McGinnis mentioned that the City's "Central Winds Park Expansion [Ad Hoc] Advisory Committee" recommendations of which one of the recommendations for long range planning for the Park was an Aquatic Center - you might want to look up the language in that recommendation." Discussion. Next, Deputy Mayor Martinez suggested that "The only legitimate way to do this without infringing heavily on the residents of Winter Springs is to put this to a Referendum." Further discussion. "MOTION TO APPROVE ITEM - '509'." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE DEPUTY MAYOR MARTINEZ STATED, "WE ARE APPROVING - A FEASABILITY STUDY?" MANAGER McLEMORE AGREED AND STATED, "FEASABILITY STUDY." DEPUTY MAYOR MARTINEZ: AYE COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. REGULAR 510. Community Development Department Recommends Approval Of The Proposed Architectural Renderings For Buildings On Lot 5 And 9 At The Tuskawilla Office Park (TOP), Subject To The Dover Kohl And Partners Comments. Mr. Baker addressed this Agenda Item and commented on the submitted renderings. Discussion. "MOTION TO APPROVE ITEM '510' ACCORDING TO STAFF'S RECOMMENDATION, AND SUBJECT TO DOVER, KOHL AND PARTNER'S COMMENTS." MOTION BY DEPUTY MAYOR MARTINEZ. SECONDED BY COMMISSIONER MILLER. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 12,2004 PAGE 190F25 VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR MARTINEZ: AYE MOTION CARRIED. REGULAR 511. Office of The City Clerk Respectfully Requests That Commissioner David W. McLeod Make An Appointment To The Board Of Adjustment. Commissioner McLeod stated, "I have not heard back from the person I want to appoint, however, and I don't plan to be here at the next Meeting, but I will send for the next Meeting a written proposal to the City Clerk, with a name." Mayor Bush said, "This will be on the next Agenda then, Andrea [Lorenzo-Luaces, City Clerk]? City Clerk Lorenzo-Luaces responded, "Yes." REPORTS REPORTS 600. Office Of The City Attorney - Anthony A. Garganese, Esquire Attorney Garganese said, "We filed the City's responsive brief to the 5th District Court of Appeal in the Rawlins versus Winter Springs case. I provided that to the City Manager this morning and he will probably give you a copy in the next couple of days." Mayor Bush asked Attorney Garganese about the status of the Binford case. Attorney Garganese responded that regarding "Binford - all the Briefs have been filed at the 5th District Court of Appea1." Attorney Garganese then noted that Oral Arguments should be forthcoming in May. Attorney Garganese then reported that the "City of Casselberry had adopted an Alcohol and Nudity Ordinance, and - it was challenged. The City of Winter Springs, when we did your Ordinance, was based on the City of Casselberry's Ordinance. The 5th District Court of Appeal upheld City of Casselberry's Alcohol and Nudity Ordinance last week." Additionally, Attorney Garganese noted that "They upheld Seminole County's Public Decency law." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 12, 2004 PAGE 20 OF 25 REI'ORTS 601. Office Of The City Manager - Ronald W. McLemore Regarding a possible traffic signal at Wade Street, Manager McLemore spoke about a recent meeting with Representative David Mealor, FDOT [Florida Department of Transportation] and Staff and stated, "I have a Memorandum that is coming out to you that is a little more specific." Manager McLemore further explained that as a result of this meeting, the "Preferred location of this signal was at Wade Street." Manager McLemore added, "They have committed to putting, temporarily a signal at the entranceway to the School. FDOT [Florida Department of Transportation] has said they will support a temporary light and a light on Wade Street as a result of the direct intervention, I think of [Representative] David Mealor. Manager McLemore then explained that "The temporary light is to be operational by the time the building opens and then they left - the meeting with the idea that by February 151 of next year, we would be back in front of Representative Mealor with a recommendation of how to finalize the Wade Street location. Obviously, we want to complete all that work hopefully within the next thirty (30) to sixty (60) days." Manager McLemore added - "Hopefully we can be back to you within thirty (30) to sixty (60) days with the appropriate strategies." Next, Manager McLemore briefly commented on the Tuskawilla Office Park. As to the new Constitutional Amendment, Manager McLemore advised the City Commission that he was researching several aspects as to the possible impact on the City of Winter Springs. Tape 3/Side B Further discussion ensued on the new Constitutional Amendment. Commissioner Miller then asked Manager McLemore about the land between Wade Street and the new Elementary School. Discussion. REPORTS 602. Office Of The City Clerk - Andrea Lorenzo-Luaces No Report. REPORTS 603. Commission Seat Five - David W. McLeod Commissioner McLeod briefly suggested that the School Board should buy the land near the new Elementary School. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 12,2004 PAGE 21 OF 25 Secondly, Commissioner McLeod asked Attorney Garganese about the status of the Dunmar Circle case. Discussion ensued on a proposed date and a recent deposition. Commissioner McLeod then said to Attorney Garganese, "W ould you notify me tomorrow hopefully, of when that date is." Attorney Garganese stated, "I will do that." Commissioner McLeod stated, "Fisher Road, on the turnabouts - have we taken a stronger look at how these vehicles are running off the road there?" Mr. Lockcuff addressed this issue. Next, Commissioner McLeod asked Manager McLemore about laptop computers for police cars. Manager McLemore stated, "We did not budget that this year. If you want to go forward at this point in time, before Budget, then I will bring that proposal back to you at the next Meeting. Commissioner McLeod then said, "Again, I am asking that - we support the Police Department and that we ask the Manager to bring inforn1ation back to us, and if it is under three hundred thousand dollars ($300,000.00) at the present time, I could tell you, if it is under three hundred thousand dollars ($300,000.00) - I would tell you to go ahead and start tomorrow, and get these things in Police cars within sixty (60) days." Commissioner McGinnis added, "I would agree with that." Deputy Mayor Martinez stated, "I spoke with the Sheriff on this issue and actually they can assist the Police Department in becoming updated with the software at no cost to the City. So, I do not see any reason why we should delay this." Commissioner Miller inquired as to the funding and stated, "I would like to see an item brought back by the Manager for - our next Meeting or whenever - with the overall impact of where the money is going to come from." IF THE LAPTOPS "ARE THREE HUNDRED THOUSAND DOLLARS ($300,000.00) OR LESS, THAT I DIRECT THE MANAGER TO MOVE FORW ARD WITH STARTING TO GET THESE THINGS PURCHASED AND WITHIN SIXTY (60) DAYS HAVE THEM IN THE CARS. HE CAN COME BACK AND GIVE US A REPORT ON IT NEXT WEEK, I JUST DON'T WANT TO DELAY IT TWO (2) MORE WEEKS." MOTION BY COMMISSIONER McLEOD. COMMISSIONER McLEOD ADDED, "THE MOTION IS TO GO AHEAD AND PROCEED IF IT IS UNDER THREE HUNDRED THOUSAND DOLLARS ($300,000.00) AND ANYTHING OVER THAT - FOR THE MANAGER TO COME BACK AND BRING IT TO US. NOW I WOULD LIKE HIM TO COME BACK AND TELL US HE HAS TAKEN IT FROM THE GENERAL FUND OR WHERE HE HAS TAKEN IT." SECONDED BY DEPUTY MAYOR MARTINEZ. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 12,2004 PAGE 22 OF 25 COMMISSIONER MILLER SAID, "IF WE ARE GOING TO SPEND THREE HUNDRED THOUSAND DOLLARS ($300,000.00), I WOULD LIKE TO HAVE IT BROUGHT BACK IN TWO (2) WEEKS FROM TONIGHT." Deputy Mayor Martinez stated "Point of Order" and spoke of the current Motion. COMMISSIONER McLEOD THEN STATED, "I WILL WITHDRAW MY MOTION, AND I DO THINK THE MANAGER SHOULD BRING IT BACK. ANYTHING THAT COULD BE DONE, MR. MANAGER BETWEEN NOW AND THEN HOWEVER, I WOULD LIKE TO SEE THAT \VE ARE PROCEEDING." DEPUTY MAYOR MARTINEZ STATED, "I WITHDRAW MY SECOND." Manager McLemore said that regarding the funding source, "I will bring that to you next time. What you just told me tonight is you agreed to do this - I just need to identify the source for you - next Meeting, which you will approve at that point in time. I will probably give you a couple of alternatives; and during the interim we will be going forward with steps that we can take." Commissioner McLeod suggested, "I think maybe the Police Chief could have a very brief demo of the capabilities." Mayor Bush asked Chief of Police Daniel J. Kerr, "Could you do that at the next Meeting?" Chief Kerr nodded affirmatively. Mayor Bush summarized, "Mr. McLemore is going to do the research. The Chief [Of Police] will give a demonstration. The funding source will be clearly identified." REPORTS 604. Office Of The Mayor - John F. Bush . Discussion Of Joint Meeting With The City Of Oviedo With discussion, Mayor Bush suggested that a joint meeting be held "On the 25th" of May. Mayor Bush added, "We will contact them and confinll the time and let you know as soon as they get back to us." Next, Mayor Bush explained that he received an email from Deborah Thomas who lives in Deer Song and "She is very concerned about the community. I am going to meet with her next Saturday and she is going to walk around and show me some things - Code Enforcement and the Chief [Of Police] maybe you could give me some insight on what you think is going on there. I will give you a copy of her email." Mayor Bush then spoke of an email he received from Kerry and Dale Schock. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 12,2004 PAGE 23 OF 25 Arbor day which is scheduled for Saturday, May 1st was then mentioned by Mayor Bush, who added, "I hope that you all can make an appearance - 10 0' clock on May 1 st." Mayor Bush then spoke of a situation related to a home that an individual was having built and a related building inspection. Next, Mayor Bush spoke of a contact with Mr. Paul Kohler in relation to the Arbor Ordinance. Mayor Bush then noted a Certified letter he received from "Florida Recycling Services, [Inc.]". Manager McLemore asked to look at the letter. Lastly, Mayor Bush inquired about "The tree that was cut down on the City's right-of- way, outside of your subdivision - I noticed the stump was reduced today." With brief discussion, Manager McLemore stated, "There really is a question here as to whether we are going to take an action against the Homeowner's Association." REPORTS 60S. Commission Seat One - Robert S. Miller Commissioner Miller said to Manager McLemore, "About two or three years ago we had lengthy discussions about - there is an open area between Wade Street and Charles [Street] on [State Road] 419, and there was reassurances given by the City that we were going to put some foliage in there." Commissioner Miller stated, "I would like you to put that at the top of your list to see that that is rectified, and I will check on it a month from now. And, if it is not there, I am going to be very disappointed." Commissioner Miller added, "I would like you to bring it forward at supersonic speed." Furthermore, Commissioner Miller said, "I would like this to move to the top of the priority list, of all activity in the City." Secondly, Commissioner Miller stated, "I would like to see an update at the next Commission Meeting or the one after - I would like a timeline, the most current timehne on how [State Road] 434 is going to be torn up and all the phases that are going to take place - the stages involved." Thirdly, Commissioner Miller spoke of the Bank of America property and stated, "I would just like to make sure that the City is still actively pursuing that." Fourthly, Commissioner Miller said, "I would like the City Manager and myself and it may be appropriate for the Mayor to go - I think it would be very appropriate for us to make a visit to Congressman [John L.] Mica's office this week - and ifhe is not present, I think we should then see Dick Harkey [District Representative] and his staff and I think we need to bring him up to speed on what has happened with the Trail." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 12,2004 PAGE 24 OF 25 Commissioner Miller commented on the lack of signage for the new Driver's License Bureau and stated, "I would like Ron [McLemore] to look into it and maybe we need to get a sign out - on the roadway for a while." Mayor Bush added, "Take care of it Ron [McLemore]. " REPORTS 606. Commission Seat Two - Michael S. Blake Absent. REPORTS 607. Seat Three/Deputy Mayor - Edward Martinez, Jr. Deputy Mayor Martinez spoke of a document he received from a citizen related to the People for Good Government's Website. Deputy Mayor Martinez then announced that "My last Meeting will be May 28th. I will be resignin~ my seat at that time, because I will be out of the District and out of the City on May 30t." Deputy Mayor Martinez added, "I will have prepared a statement to read into the record for May 28th which will explain to the citizens of Winter Springs my position." REPORTS 608. Commission Seat Four - Sally McGinnis Commissioner McGinnis inquired as to "How many permits we have had for trees since we have received so much publicity - I would like to know if there has been an increase ifmore people now are asking for permits?" Next, Commissioner McGinnis stated, "There is a group called the Seminole County Alliance, it is under the auspices of Children and Family Services; and I have gone to a couple of their meetings. They deal with mental health issues for children in Seminole County - they have asked me to serve on that; so with the pleasure of this Commission, I would like to represent the City on that." Mayor Bush stated, "Good idea." Commissioner Miller stated, "Aye." Mayor Bush summarized, "Everybody is in favor." The status of State Road 434 was also briefly mentioned by Commissioner McGinnis. Commissioner McGinnis distributed a document from the City of Longwood called the "Citizen's Awareness and Participation Plan" and stated, "[ am asking you to read it because I think maybe we might ask the Administrator, John Drago from Longwood to come and make a presentation to us." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 12,2004 PAGE 25 OF 25 Commissioner McGinnis said to Deputy Mayor Martinez, "You will really be missed." Lastly, Commissioner McGinnis inquired, "Have we done anything about a Post Office yet?" Manager McLemore stated, "No." .:..:. AGENDA NOTE: THE FOLLOWING ADDITIONAL REPORT WAS GIVEN NEXT, AS DOCUMENTED. .:..:. REPORTS REPORTS 607. Seat Three/Deputy Mayor - Edward Martinez, Jr. Deputy Mayor Martinez said to Manager McLemore, "What happened to the Fluoridation Workshop?" Deputy Mayor Martinez added, "I am very upset that you haven't gotten to it and I would like you to do so." Mr. Lockcuff added, "I am working on it." ADJOURNMENT Mayor Bush adjourned the Meeting at 11: 13 p.m. RESPECTFULLY SUBMITTED: .4PPRQFEp: ,,' ,- ~....- \ . - '". ,:~ -~~~'~' ~ <;' ~ I ...~.... : .__1 / ~ ___ ~~~ ~i~ ~ ~ ';: -:. J F.~BDSH.;.c, f , /- -. MA -WOR"" ,~...\., ~ - /~ ~~-7-.'" ~ .,' ;~~~~' I-~ NOTE: These Minutes were approved at the April 26, 2004 Regular City Commission Meeting.