HomeMy WebLinkAbout_2003 05 12 City Commission Regular Minutes
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING
MAY 12,2003
CALL TO ORDER
The Regular Meeting of Monday, May 12, 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, arrived at 6:31 p.m.
City Attorney Anthony A. Garganese, present
After a moment of silence, Mayor Bush led the Pledge of Allegiance. Agenda Changes
were then discussed.
.:..:. AGENDA NOTE: THE FOLLOWING RESOLUTIONS WERE
PRESENTED TO THE RECIPIENTS, AT THE SAME TIME. .:. .:.
AWARDS AND PRESENTATIONS
AWARDS AND PRESENT A nONS
1. A. Office Of The Mayor
Presentation Of Resolution 2003-13 To Bob Rucci For His Service On The Winter
Springs Paw Park Citizen Advisory Committee.
AWARDS AND PRESENT A TIONS
2. B. Office Of The Mayor
Presentation Of Resolution 2003-15 To Diane Ferraro For Her Service On The
Winter Springs Paw Park Citizen Advisory Committee.
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City Manager Ronald W McLemore arrived at 6:31 p.m.
.:..:. AGENDA NOTE: THE FOLLOWING RESOLUTION WAS NOT
ORIGINALLY NOTED ON THE AGENDA, BUT WAS PRESENTED WITH THE
PREVIOUSLY NOTED RECIPIENTS. .:. .:.
ADD-ON
AWARDS AND PRESENTATIONS
Office Of The Mayor
Presentation Of Resolution 2003-16 To Richard Parsons For His Service On The
Winter Springs Paw Park Citizen Advisory Committee.
Mayor Bush presented Resolutions in recognition of the meritorious service to the City of
Winter Springs by Mr. Bob Rucci, Ms. Diane Ferraro, and Mr. Richard Parsons.
PUBLIC INPUT
Mr. Bob Rucci, 973 Turkey Hollow Circle, Winter Springs, Florida: spoke of money his
organization has raised for the Paw Park; and asked if the temporary Paw Park was going
to have a name.
Mr. Donald Gilmore, 803 Leopard Trail, Winter Springs, Florida: asked that the City
Commission approve Consent Agenda Item "B" and Consent Agenda Item "F."
Mr. George Seely, 211 Birch Terrace, Winter Springs, Florida: requested that the City
Commission have someone other than the City Manager responsible for the negotiations
with the Fire Union.
Mr. Paul Starks, 484 Wild Fox Drive, Casselberry, Florida: mentioned that he had
previously applied for a Variance to build an Accessory Building and asked about a
refund ofthe $500.00 Variance fee.
Commissioner David W. McLeod said, "Isn't that still a Variance for a Special Exception
- and isn't there $500.00 still attached to it?" Manager McLemore stated, "A Special
Exception is required. He just wants to re-file - you won't have to pay it twice."
Furthermore, Manager McLemore added, "He would have to bring it back to the
Commission as a Special Exception, it's just he wouldn't be required to pay the $500.00
a second time - we would apply it to that Special Exception."
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City Attorney Anthony A. Garganese added, "If it has 'Rural Residential' Future Land
Use designation, he would be eligible." Attorney Garganese added, "This application
would not be based on the Zoning designation; it's based on Future Land Use
designation. Staff is saying, we don't know if he has 'Rural Residential' for a Future
Land Use designation - he would need to get that verified first, before he could file an
application." Mayor Bush said to Mr. Starks, "Will you just work with Mr. Baker, and he
will help you." Mr. Starks said, "I will come and see him."
Mr. Eric Esterson, 1235 Myrtle Street, Sanford, Florida: showed a photograph of pipe
lines related to the school road entrance and Tuskawilla Road.
Discussion.
With discussion with Mr. Kip Lockcuff, P.E., Public WorkslUtility Department Director,
Commissioner Michael S. Blake spoke about the pipes and inquired, ".. .Are they - built
to specs or something that we have in-house that shows they are in a different place than
where they are?" Manager McLemore stated, "They are not existing in the ground
according to the as-builts." Commissioner Blake then suggested, "There is probably
some recourse that we would have on the original developers?" Manager McLemore
responded by saying, "That is something the Attorney would have to answer."
Commissioner Blake then said, "I don't need an answer to that, just if we can come up
with a letter."
Commissioner McLeod asked Mr. Lockcuff, "Do you feel it has got to be moved, and if
ten feet (10') is the standard for it, and if it is, why wouldn't we have to move it?" Mr.
Lockcuff explained that DEP [Department of Environmental Protection] is "Reviewing it,
and if they deem something is appropriate to do, they will let us know." Commissioner
McLeod added, "Will they give you a letter that it is okay to leave it where it is?"
Commissioner McLeod added, "I think that if they say we don't need to do anything,
then I would prefer to see that in writing from them, stating that the lines are adequate the
way they are presently in the ground."
Mr. Moti Khemlani, 605 Morgan Street, Winter Springs, Florida: spoke of his
displeasure with a proposed housing development near the Town Center.
.:..:. AGENDA NOTE: THE FOLLOWING CONSENT AGENDA ITEMS WERE
DISCUSSED NEXT, BUT NOT NECESSARILY IN THE ORDER AS
DOCUMENTED. .:. .:.
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CONSENT
CONSENT
3. A. Utility Department
Requests Authorization For The Replacement And Installation Of Sanitary Sewer
Video Equipment From ELXSI d/b/a Cues At A Cost Of $52,899.00 Per Bid #ITB-
010-03mc.
CONSENT
4. B. Public Works Department
Requesting Authorization To Enter Into A Contract Agreement For Landscape
Maintenance Services For Tuscawilla Lighting And Beautification District
Maintained Areas Including Winter Springs Boulevard And The Assessment
District Entranceways.
With discussion, Mayor Bush suggested, "When the maintenance people park their trucks
along either Northern Way or Winter Springs Boulevard, I would like to see them put out
some cones." Mr. Lockcuff stated, "It is a requirement. We will. make sure they do it."
CONSENT
5. C. Public Works Department
Requesting Authorization To Enter Into A Contractual Agreement For Street
Resurfacing.
Discussion.
CONSENT
6. D. Public Works Department
Requesting Authorization To Execute Supplement 1 To Amendment 72 With CPH
Engineers For Construction Administration Of The Town Center Streetscape
Project.
CONSENT
7. E. Public Works Department
Requesting Authorization To Piggyback Off Of The Seminole County Contract For
The Study Of The Need And Prioritization Of Deceleration Lanes.
With discussion on having the Police Department involved in this effort related to
Deceleration Lanes, Mayor Bush asked, "When do we expect to hear back on this? Are
we going to hear back in time to get it into this year's Budget?" Mr. Lockcuff said,
"Probably not." Manager McLemore suggested, "You can still set money aside for it..."
Mr. Lockcuff added, ".. .Not a name - just Decel [Deceleration] Lanes."
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Additionally, Commissioner McLeod stated, "I have heard a lot of concerns on the Decel
[Deceleration] Lane, if you are coming from Tuskawilla heading west - to be able to turn
on Doran Boulevard at the Town Center - there is no Deceleration Lane there."
Commissioner McLeod added, "I think that is one that needs to be looked at."
CONSENT
8. F. Public Works Department
Requesting The City Commission Approve The Transfer Of The Remaining Funds
From The TLBD Improvement Account Fund Balance To The Construction
Account To Complete The Construction Of The Minor Entranceways.
CONSENT
9. G. Office Of The Mayor
Resolution Number 2003-18 A Resolution Of The City Of Winter Springs, Florida,
Expressing Appreciation To Ken Furth For His Service On The Code Enforcement
Board.
CONSENT
10. H. Finance Department
Requests The City Commission Award A Supplemental Appropriation in the
Amount Of $15,000.00 From The General Fund's Fund Balance For Temporary
Accounting Services In Connection With Various Special Accounting Projects.
CONSENT
11. I. Office Of The City Clerk
Approval Of The April 28, 2003 City Commission Regular Meeting Minutes.
"MOTION TO APPROVE" CONSENT AGENDA. MOTION BY
COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER McGINNIS.
DISCUSSION.
VOTE:
COMMISSIONER McGINNIS: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER MARTINEZ: AYE
COMMISSIONER McLEOD: AYE
DEPUTY MAYOR MILLER: AYE
MOTION CARRIED.
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INFORMATIONAL
INFORMATIONAL
12. A. Community Development Department
Advising The City Commission Of The Status Of Various Current Planning
Projects.
Mayor Bush stated, "I would like to see one thing added to this Information Item - the
ongoing efforts by the Attorney to find out who owns Colt Drive." Mayor Bush added, "I
would like to see this on there, each time."
Deputy Mayor Robert S. Miller spoke about the proposed Dollar General Store and with
discussion stated, "With the Dollar Store coming in now, our efforts are not really
moving ahead very fast on the renovation of the fourplexes, and I get the distinct
impression that we are if not encouraging - we are certainly setting the grounds for a
continuation of some of the problems we have had here." Deputy Mayor Miller added "I
don't know where we are going with this and maybe we need to have a Workshop and
figure out what it is - what we are trying to do on this roadway down here." Furthermore,
Deputy Mayor Miller said, "I am beginning to detect a trend, and if Staff is not aware of
it, and the City Manager is not aware of it, then I think the City Commission needs to be
aware of it."
INFORMATIONAL
B. Not Used.
INFORMATIONAL
13. C. Fire Department
Requests That The City Commission Review The Results Of The City Of Winter
Springs Employee Blood Drive.
INFORMATIONAL
14. D. Parks And Recreation Department
Wishes To Inform The City Commission About The Senior Transportation
Program.
"I WOULD LIKE TO MAKE A MOTION TO APPROVE THE
INFORMATIONAL AGENDA." MOTION BY COMMISSIONER MARTINEZ.
SECONDED BY COMMISSIONER McLEOD. DISCUSSION.
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VOTE:
COMMISSIONER McLEOD: AYE
COMMISSIONER MARTINEZ: AYE
COMMISSIONER McGINNIS: AYE
DEPUTY MAYOR MILLER: AYE
COMMISSIONER BLAKE: AYE
MOTION CARRIED.
PUBLIC HEARINGS
PUBLIC HEARINGS
15. A. Community Development Department - Planning Division
Presents To The Commission, In Its Capacity As The Development Review
Committee (DRC) The Recommendation Of The Staff DRC As It Relates To The
Request Of Leslie's Poolmart, Inc. For A Special Exception To Allow A Permanent
Window Display Along A Portion Of Its Store Frontage Along State Road 434 In
Building 8 Of The Town Center.
Ms. Eloise Sahlstrom, AICP, AS LA, Senior Planner, Community Development
Department presented her introductory remarks to the City Commission regarding this
Agenda Item.
Mayor Bush opened the "Public Input" portion of this Agenda Item.
Mr. Daine Nape, 7 Wildwood Trail, Ormond Beach, Florida: as the General Contractor,
Mr. Nape spoke of agreeing with Ms. Sahlstrom and said that Leslie's Poolmart, Inc. will
do a good job.
The "Public Input" portion of this Agenda Item was closed.
Discussion ensued on the proper Development Review Committee (DRC) process.
Commissioner Blake stated, "The Commission is of course the DRC [Development
Review Committee] in the Town Center - it didn't say 'Staff.'" Furthermore,
Commissioner Blake pointed out, "The Code clearly states that the first review shall be
with the DRC [Development Review Committee], which is the Commission."
Tape I1Side B
Commissioner Blake then said "What we are talking about here is if it is a Special
Exception - if it is something that requires a Special Exception and we have a written
point by point procedure that is required. First, Staff should have made sure that that
procedure was followed, and not read something into the language that is not simply
there." Further, Commissioner Blake inquired, "Are we able to render an opinion on this
or take a final action without the application being completed as required by the Code?"
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Discussion.
Attorney Garganese said, "You are correct, the Code should probably be amended to say
when applicable, when relevant, the following should be submitted..." With further
discussion, Attorney Garganese stated, "I will add this to the list of the Town Center
Code revisions." Manager McLemore suggested, "Direct us to correct the flaw in the
Ordinance, making it consistent with the Resolution."
Discussion.
"I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE ITEM 'A'
WITH A PROVISIO THAT THE APPLICANT ENTERS INTO AN
AGREEMENT WITH THE CITY OF WINTER SPRINGS SPECIFICALL Y
STATING THEIR INTENT AND PURPOSE OF THIS DISPLAY WINDOW."
MOTION BY COMMISSIONER MARTINEZ.
MOTION DIED FOR LACK OF A SECOND.
"I WOULD LIKE TO HAVE THIS TABLED UNTIL THE NEXT MEETING. I
WOULD LIKE TO SEE AN AGREEMENT THAT THERE IS NOT ANY
ADVERTISING ALONG THE LINES THAT I AM CONCERNED ABOUT -
THAT WOULD BE MY CONCERN, AND I WOULD LIKE TO SEE THAT
INCORPORATED IN THE VERBIAGE I BROUGHT BACK." MOTION BY
DEPUTY MAYOR MILLER.
MOTION DIED FOR LACK OF A SECOND.
"I WOULD LIKE TO MAKE A MOTION THAT THE COMMISSION GRANT A
SPECIAL EXCEPTION TO THE APPLICANT BASED ON THE DOCUMENTS
PROVIDED DURING THE INITIAL SITE PLAN FOR THE DEVELOPMENT
OF - BUILDING 8; AND - I WOULD LIKE TO HAVE SOME LANGUAGE IN
THERE SUBJECT TO THE CORRECTIVE ACTION BEING TAKEN BY THE
COMMISSION ON THE PROCEDURAL PROBLEMS IN THE ORDINANCE."
MOTION BY COMMISSIONER BLAKE. COMMISSIONER BLAKE ADDED,
"THE PROCEDURAL ISSUES IN THE ORDINANCE BEING - CORRECTIVE
ACTION BEING INITIATED."
MANAGER McLEMORE STATED, "I THINK WE GET WHAT
COMMISSIONER BLAKE WANTS BY SIMPLY GIV][NG US A DIRECTIVE TO
BRING BACK THAT TO YOU - TO BRING BACK THE AMENDMENTS TO
THE CODE TO YOU." MAYOR BUSH STATED, "I THINK WHAT
COMMISSIONER BLAKE IS ASKING - HE WANTS TO PRODUCE A MOTION
THAT WOULD APPROVE THIS BUT AT THE SAME TIME CLEAN UP THE
CODE SO THAT IT IS ACCURATE AND THAT STAFF HANDLES IT."
COMMISSIONER BLAKE ADDED, "AS LONG AS STAFF INITIATES THE
PROCESS TO FIX THE CODE - I THINK AS PART OF THIS MOTION."
ATTORNEY GARGANESE SAID, "IF YOU GET SUPPORT FOR THAT
CITY OF WINTER SPRINGS
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MOTION, THEN YOU HAVE A PENDING ORDINANCE IN PLACE, THEN WE
WILL MOVE AND GET THAT OFF BEFORE YOU ASAP." SECONDED.
DISCUSSION.
VOTE:
COMMISSIONER BLAKE: AYE
DEPUTY MAYOR MILLER: NAY
COMMISSIONER McLEOD: AYE
COMMISSIONER McGINNIS: AYE
COMMISSIONER MARTINEZ: NAY
MOTION CARRIED.
REGULAR
REGULAR
16. A. Community Development Department - Arborist Division
Recommends The City Commission Consider The Request Of Mr. Michael Gerken
To Remove 1 Specimen Pond Pine, Approximately 26 Inches In Diameter.
Mr. Michael Gerken, 1114 Shadowbrook Ttrail, Winter Springs, Florida: addressed the
City Commission regarding this Agenda Item and his property.
Mr. Michael Mingea, ArboristlEnvironmental Inspector, Community Development
Department spoke on this Agenda Item.
Discussion.
"I MAKE A MOTION TO DENY - FOR THE REASONS STATED ON THIS."
MOTION BY COMMISSIONER MARTINEZ. SECONDED BY DEPUTY
MAYOR MILLER. DISCUSSION.
VOTE:
COMMISSIONER McLEOD: AYE
COMMISSIONER McGINNIS: AYE
DEPUTY MAYOR MILLER: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER MARTINEZ: AYE
MOTION CARRIED.
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REGULAR
17. B. Community DevelopmeDt Department
Requests The City Commission Remove From The Table And Consider A Request
By Tuskawilla Office Park, LLC, For An Amendment To The Existing Development
Agreement To Accommodate The Entrance Features And Associated Sign age For
The Tuskawilla Office Park.
Brief discussion.
A recess was called at 7:44 p.m.
The Meeting reconvened at 7:55 p.m.
MOTION TO TAKE OFF THE TABLE. MOTION BY COMMISSIONER
MARTINEZ. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION.
VOTE:
COMMISSIONER McGINNIS: AYE
DEPUTY MAYOR MILLER: AYE
COMMISSIONER MARTINEZ: AYE
COMMISSIONER McLEOD: AYE
COMMISSIONER BLAKE: AYE
MOTION CARRIED.
The City Commission and Manager McLemore reviewed a Memorandum written by
Manager McLemore, (item by item). With discussion, Manager McLemore stated, "We
have to accept the site improvements before they could move forward.. ." Commissioner
McLeod added, ". ..Any additional buildings..." Manager McLemore agreed and said,
" Right"
... .
Much discussion ensued on the removal of trees. Commissioner Blake suggested, "The
trees that were not on the tree survey, that were not on the site plan, that were not part of
this development at all, that have been killed due to the process, should be dealt with
separately." Attorney Garganese said, "That is not on the subject property; that is not on
the Tuskawilla Office Park - I don't think the Agreement addresses that." Commissioner
Blake then said, "If construction has injured trees off property, it is not in here - there
needs to be something done to replace those trees or to make some amends for those trees
that are damaged, and that is over and above, and in addition to the forty-five foot (45')
requirement of Oak Trees." Commissioner Blake then inquired, "What is going to cure
that defect at this point in time?"
Mayor Bush asked Attorney Garganese, "Does this Development Agreement override the
Tree Ordinance?"
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Discussion.
Tape 2/Side A
Discussion ensued on ponding behind homes. Commissioner McLeod stated, "If that
continues to be a problem, who is going to address it? If we continue to get water on
those folks property over there, who is going to address the issue?" Mr. Lockcuff stated,
"It depends on the soUrce of the water. If the water is coming from their lot and can't
make it to the wall, then it is the property owners responsibility." Commissioner McLeod
said, "I would agree with you if it doesn't make it to the wall. But, if it makes it to the
wall, and we start getting ponding from the wall coming back, who's responsibility
should that be?" Manager McLemore said, "I think the main thing would be to check it
and make sure the swale hasn't been filled."
Commissioner McLeod stated, "It was also agreed upon that the Developer would get
with the homeowners and the Developer would, with the Homeowner's place those trees
on their property, whether it was forty-five feet (45'), forty feet (40'), they would make
some adjustment to other things they had on that property and if you go back to the
record, and you go back to the tapes, you will find that to be the facts." Manager
McLemore said, "I would have to go back and check." Commissioner McLeod then
stated, "If it is in the tape in that fashion, and we have got a couple of Homeowner's that
have some problems - are we going to correct those? Will the Developer move those
trees for that Homeowner?" Furthermore, Commissioner McLeod stated, "The
Developer stood up here and agreed to us that if that Developer working with the
Homeowner, found there to be a problem with the tree, the tree placement, they would
work with the Homeowner and place that tree." In the future, everything you bring up
and you say, 'Well, the Developer says this and the Developer gets up and says that' -
then I will tell you in the future we will have it in black and white and in writing and
signed off by everybody before we go forward.. I do not want to stop the process here.
We need to go back and listen to the tapes and if that is what that Developer said, then I
expect that Developer to live up to it." Manager McLemore then said, "If that is on the
record, absolutely." Commissioner McLeod added, "I think you need to go back and
check the record."
Manager McLemore stated, "With these trees, I don't know why our Arborist can't work
with these people to put trees in their back yard, take the trees out of the Tree Bank - if
they want two (2) or three (3) trees in their back yard. But, if we take it out of the tree
bank, I think they should be willing to dig a hole and put them in there." Manager
McLemore added, "I would suggest again that we work with the Homeowner's - from
the Tree Bank." Mayor Bush stated, "I think that is a good recommendation. Let the
Arborist work with the Homeowner's, see if they wish to pick some other trees from the
Tree Bank." Mayor Bush then said the Mr. Mingea, "You said we need diversity of trees
in the City and this would be a good way to start the diversity effort."
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Commissioner McLeod suggested, "I am not willing to go to that point yet. Again, if the
Developer had an obligation, I just ask for that obligation to be filled by the Developer."
Mayor Bush added, "I think this is in addition." Commissioner McLeod added, "I think
it is a commendable idea at some point down the road, if we still have the noise problem
over there, we can work with the people." Commissioner Edward Martinez, Jr. spoke of
agreeing with Commissioner McLeod and stated, "I think we should hold back on any
further expenses."
Regarding the previously mentioned tree issue, Attorney Garganese stated, "The
Commission wants to know if there is any Arbor Ordinance provision that would require
the Developer to replace a tree that is destroyed during construction, when that tree is
located on a neighbor's property? The Ordinance doesn't specifically address the
neighbor's property. It is very broad. It simply says, 'Each tree destroyed or receiving
major damage during construction, must be replaced by either a comparable size and
desirable type of tree as listed in Appendix B, or four (4) replacement trees before
issuance of a Certificate of Occupancy or Certificate of Completion.' Very broad. I
don't know if the construction actually caused the damage of the tree on the neighbor's
property? If it has, arguably, this section that I just read to you in the Arbor Ordinance
could apply in a Code Violation setting."
Discussion.
"MOTION TO APPROVE ITEM 'B.'" MOTION BY DEPUTY MAYOR
MILLER. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION.
VOTE:
DEPUTY MAYOR MILLER: AYE
COMMISSIONER MARTINEZ: AYE
COMMISSIONER McLEOD: NAY
COMMISSIONER BLAKE: NAY
COMMISSIONER McGINNIS: AYE
MOTION CARRIED.
Further discussion ensued on what lighting was approved and the tree issue. Mayor Bush
added, "I think one of the things out of this discussion though is the question - and the
Attorney mentioned this - is if we have a Code Enforcement problem with the destruction
of the trees on the Homeowner's property, that still hasn't been answered - at some point
that needs to be answered."
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REGULAR
18. C. Office Of The City Manager
Requests That The City Commission Consider Several Dates For An Additional
Meeting To Replace The Second May Meeting Which Falls On Memorial Day - And
Is A Holiday.
Discussion.
"I MOVE WE MEET ON THE 27TH" OF MAY. MOTION BY COMMISSIONER
McGINNIS. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION.
VOTE:
COMMISSIONER McGINNIS: AYE
COMMISSIONER BLAKE: NAY
COMMISSIONER MARTINEZ: AYE
COMMISSIONER McLEOD: AYE
DEPUTY MAYOR MILLER: AYE
MOTION CARRIED.
Mayor Bush said to Deputy Mayor Miller, "You will have to run that Meeting."
REGULAR
19. D. Community Development Department - Planning Division
Presents To The Commission, A Request To Waive Application Fees For Signage
Setback Variances In The State Road 434 Corridor Overlay District Where The
Existing Signage Is Compliant With The Code Except For The Setback Provision
And Where Compliance With The Setback Provision Creates An Unnecessary
Hardship On The Applicant.
"I MOVE THAT WE APPROVE ITEM 'D' - A REQUEST FOR WAIVER."
MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER
McLEOD. DISCUSSION.
VOTE:
COMMISSIONER McLEOD: AYE
COMMISSIONER McGINNIS: AYE
COMMISSIONER BLAKE: NAY
DEPUTY MAYOR MILLER: AYE
COMMISSIONER MARTINEZ: AYE
MOTION CARRIED.
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REGULAR
20. E.Office Of The City Clerk
Requests That Commissioner David W. McLeod Make An Appointment To The
Board Of Adjustment.
"I WOULD LIKE TO MAKE THAT MOTION AT THIS TIME FOR SHARON
TACKABERRY" TO BE APPOINTED TO THE BOARD OF ADJUSTMENT.
MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER
BLAKE. DISCUSSION.
VOTE:
DEPUTY MAYOR MILLER: AYE
COMMISSIONER McLEOD: AYE
COMMISSIONER McGINNIS: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER MARTINEZ: AYE
MOTION CARRIED.
REGULAR
21. F. Office Of The City Manager
Requesting The City Commission To Adopt Resolution Number 2003-19 Renaming
Hickory Grove Road In The Town Center To Blumberg Boulevard.
Mayor Bush - read a letter dated May 9, 2003 from Ms. Juanita Blumberg into the
record, in support of the proposed Resolution.
"MOTION TO APPROVE ITEM 'F.'" MOTION BY DEPUTY MAYOR
MILLER. SECONDED. DISCUSSION.
MANAGER McLEMORE STATED, "THIS NAME WAS SUBMITTED TO THE
COUNTY UNDER OUR INTERLOCAL AGREEMENT. THEY HAVE COME
BACK AND SAID WE WILL GO ALONG WITH THE BLUMBERG DRIVE,
BUT WE DON'T WANT BLUMBERG BOULEVARD, BECAUSE IT DOESN'T
MEET OUR STANDARDS FOR A BOULEVARD."
Discussion.
VOTE:
COMMISSIONER MARTINEZ: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER McLEOD: AYE
COMMISSIONER McGINNIS: AYE
DEPUTY MAYOR MILLER: AYE
MOTION CARRIED.
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REGULAR
22. G. Office Of The City Manager
Requesting The City Commission To Approve An Amendment To The Development
Agreement Between J.D.C. Calhoun And The City Providing For The Phased
Construction Of Building One Of The Doran Development Based Upon The
Conditions Provided Herein.
Manager McLemore introduced this Agenda Item.
Commissioner McLeod said, "If you go to your Recommendation, and I think this is
more of a clerical thing Ron [McLemore] - if you go to e) - you are calling for all
temporary and permanent walls to be 'Two-hour fire rated walls' - I believe you are not
talking about the exterior walls of this building - it doesn't say that. What you are trying
to say here is all temporary and permanent and tenant divide walls right, because not all
interior walls either have to be fire rated." Manager McLemore stated, "Where fire rating
is required."
Mr. Shane Doran, James Doran Company, 216 Seven Farms Drive, Suite 200,
Charleston, South Carolina: addressed the City Commission.
Tape 2/Side B
Discussion.
In response to Deputy Mayor Miller's inquiry about Mr. Doran's intent, Mr. Doran
stated, "It is certainly my intent to have some occupied buildings on Main Street."
Commissioner McLeod asked Mr. Doran, "How many square feet is that Building 1?"
Mr. Doran stated, "Per the Agreement, 36 and change - 36,000." Mr. Doran added that
"The footprint is 18,000 and change." Commissioner McLeod then inquired, "So which
is the Development Agreement, 36 [thousand] or 18 [thousand]?" Mr. Doran responded,
"36 [thousand]." Commissioner McLeod pointed out, "That would tend to indicate there
was a second floor."
With discussion, Commissioner McLeod said to Manager McLemore, "I think the thing
that you just have to make sure is that the plans - that an Engineer signs off on this, and
that is where you have got this language in here, it is from our discussion - that in the
future, that a second floor could be put in the building, at a later date; and that an
Engineer signs off that the wall structure and the roof structure of the building is
substantial to carry the building as a two story' open building, and at a later date, could
have the floor put in it."
Discussion.
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PAGE 16 OF 2\
Commissioner McLeod said to Mr. Doran, "Would you agree to this type arrangement if
Building 1, say it was to be able to be built with true two story availability, finished walls
from floor to the roofline?" Commissioner McLeod added, "So we would finish all the
way up, however, Buildings 2, 3, and 4, other than an entry feature that would be two
stories would be built with true two story occupancy, with floors in them?" Mr. Doran
responded, "I would be open to a discussion of that, but we would have to revisit the
parking, we would have to revisit the whole agreement." Furthermore, Mr. Doran stated,
"I always have been open and I certainly plan on a lot of the buildings being occupied."
Commissioner McLeod pointed out, "At the present time, there definitely is Building 2
and 3, to the best of my knowledge - at least those two (2), and I believe [Building] 4 -
were all part of the original Agreement that they were to have two stories." Mr. Doran
said, "The two story definition is not Building 1 specific - you are correct, they are two
story buildings, just like [Building] 1. They are exactly the same as 1. 1, 2, 3, and 4 are
the ones under this definition."
Mr. Charles Carrington, Esquire, Greenberg Traurig, P.A., 450 South Orange Avenue,
Suite 650, Orlando, Florida,' addressed the City Commission.
Discussion.
As Commissioner Blake and Mr. Doran reviewed the following points, Mr. Doran stated,
"a) and b) appear conceptually okay. c) is a problem for reasons stated before, it only
speaks to a restaurant." Mr. Doran then stated, "d) on first read, it appears that it may be
acceptable. It says shall not require Commission approval. If it helps things move
forward, that is great." Next, Mr. Doran said, "The two hour fire wall - I am frankly a
little confused on that. I thought that was only if a restaurant was next to it or something.
Is that just in general, two hour fire wall is the rating? That is fine." Continuing on, Mr.
Doran stated, "f) is a problem in that it says, sprinkler system 'Shall be constructed to
meet the maximum potential build-out of the building as determined by the fire
Marshall. '" Mr. Doran further explained that "You have got to address what I am
applying for in my opinion, I don't think that is relevant. g) I think has already been
taken care of by my engineers; and h) - the only problem that I would have with that
conceptually, once again, maximum build-out .and we would have to define what that is.
There may be a closet that is not air-conditioned, an equipment room. Sometimes,
elevators aren't. I would be leery to agree to that without having my folks look at it, but
in concept I am okay with that. I understand the intent."
Tape 3/Side A
Commissioner McLeod suggested, "The only other alternative Commissioners that I
would look at, that we would get a commitment that Buildings 2, 3, and 4 are going with
the two story floors in them." Furthermore, Commissioner McLeod stated, "Building 2
and 3 should be required to have the full two stories other than the atrium, and I wouldn't
be quite as opposed to this building being built as a spec building driven by the
Developer."
CITY OF WINTER SPRINGS
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CITY COMMISSION
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PAGE 17 OF 21
Mr. Doran stated, "We all have the same vision for Main Street. For the record, it is not
my intention to do them all that way, but I think I have the right to do that."
Additionally, Mr. Doran stated, "I am open to tightening up in Building 2. I can tell you
my intentions are, and I even have permanent drawings - from day one, have the second
story an occupied office, but I have to be careful on the record."
A recess was called at 9:57p.m.
The Meeting reconvened at 10:00 p.m.
"I WOULD LIKE TO MAKE A MOTION AT THIS TIME THAT WE DO
ALLOW THE DEVELOPER TO BUILD-OUT THE BUILDING 1 AS A - TWO
STORY BUILDING, POTENTIALLY WITHOUT AN INTERMEDIATE FLOOR
BETWEEN THE TWO STORIES. HOWEVER, THE WINDOWS HAVE TO BE
.REAL WINDOWS IN THE SECOND STORY. THE BUILDING HAS TO BE
ABLE TO ACCOMMODATE IN THE FUTURE, THAT IF THE MARKET
DRIVES IT TO BE ABLE TO HAVE A SECOND STORY FLOOR THAT IT BE
PUT IN IT; AND ELEVATOR SHAFTS TO BE PUT IN IT, SO THAT IT COULD
BE CONVERTED BACK QUITE SIMPLY.
IT WOULD NEED TO BE BUILT UNDER THE RECOMMENDATIONS OF
THE a) AND THE b) AND c) THAT I JUST PRETTY WELL OUTLINED. d), I
HAVE NOT GOT A PROBLEM WITH - WITH THE EXCEPTION THAT THE
DEVELOPER ALWAYS HAS THE RIGHT TO COME BACK BEFORE THIS
COMMISSION IF HE CANNOT GET IT RESOLVED BETWEEN THE CITY
MANAGER AND STAFF. e) - WE COVERED EARLIER THAT THE
INTERMEDIATE DIVIDE WALLS MUST MEET THE FIRE RATING OF TWO
HOURS. THE SPRINKLER SYSTEM OF THE SHELL SHALL BE
CONSTRUCTED TO MEET THE BUILDING AS DETERMINED BY THE FIRE
MARSHALL - NOT THE MAXIMUM POTENTIAL. I THINK AS LONG AS
YOU HAVE AMPLE WATER SUPPLY TO THE BUILDING, THEN THE
SPRINKLER SYSTEM LATER CAN BE UPGRADED FOR THAT.
THE WALLS AND FOUNDATIONS OF g) I TOTALLY AGREE TO AS IN OUR
HANDOUT; AND THE h), HOWEVER, THE MAXIMUM POTENTIAL BUILD-
OUT OF THE BUILDING FOR THE AIR CONDITIONING - AS YOU AIR
CONDITION A BUILDING OF THAT NATURE, AND YOU SEE THE HIGH
CEILINGS, AND YOU SEE THE AIR DUCTS DOWN AT ABOUT TWELVE
FEET (12') RATHER THAN BACK UP AT THE EIGHTEEN FOOT (18') LEVEL
- IT IS BECAUSE THE AIR WILL BECOME STAGNANT IN THE HIGHER
PART OF THE BUILDING AND YOU REALLY DO NOT HAVE TO ADDDRESS
THAT FROM AN ENERGY STANDPOINT OF TRYING TO CONDITION THAT
SPACE, BUT AS LONG AS THE BUILDING IS ADEQUATELY DESIGNED TO
BE ABLE TO ADD ADDITIONAL AIR CONDITIONING IN THE FUTURE,rTHERE SHOULD NOT BE A PROBLEM WITH IT AND THAT IS THE SAME
CITY OF WINTER SPRINGS
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CITY COMMISSION
REGULAR MEETING - MAY 12, 2003
PAGE 18 OF 21
WAY - THE BIGGER QUESTION IS DOES IT HAVE ADEQUATE POWER
FOR FUTURE AIR CONDITIONING.
ALONG WITH THAT CAVEAT, I WOULD THEN WANT TO HAVE
BUILDINGS 2, 3, AND 4 - BUILT AS TWO STORY BUILDINGS, OTHER THAN
THE ATRIUM AREAS." MOTION BY COMMISSIONER McLEOD.
SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION.
"I WOULD LIKE TO MAKE AN AMENDMENT TO THE MOTION SPECIFIC
TO THE DISCUSSION OF ONE STORY OR TWO STORIES AND THE
AMENDMENT WOULD ALLOW - THE ABILITY OF THE BUILDING TO
HAVE A TWO STORY ATRIUM USE FOR THOSE AREAS WHERE THE USE
IS AS A RESTAURANT ON BmLDING 1. REMAINING AREAS MUST BE
TWO STORIES FLOORED .oUT IN BmLDING 1." AMENDMENT TO THE
MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR
MILLER. DISCUSSION.
MR. DORAN STATED, "I WOULD LIKE TO RESPECTFULLY REQUEST A
CONTINUANCE." MR. DORAN ADDED, "I WOULD LIKE TO COME BACK
IN TWO (2) WEEKS WITH A PROPOSAL THAT I THINK WOULD
ACCOMMODATE EVERYONE."
"MOTION TO TABLE." MOTION BY COMMISSIONER BLAKE. SECONDED
BY COMMISSIONER McLEOD. DISCUSSION.
VOTE: (ON THE MOTION TO TABLE)
COMMISSIONER BLAKE: AYE
COMMISSIONER McLEOD: AYE
COMMISSIONER McGINNIS: AYE
COMMISSIONER MARTINEZ: AYE
DEPUTYMAYORMILLER: AYE
MOTION CARRIED.
REGULAR
23. H. Office Of The City Manager
Requesting The City Commission To Authorize The City Manager And City
Attorney To Notify Centex Homes Of A Default Of The Development Agreement
Between Centex And The City Relative To The Preservation Of Trees, And To
Negotiate A Settlement Agreement To Cure The Default.
Mr. Scott Clark, Esquire, 655 West Morse Boulevard, Winter Park, Florida: introduced
himself to the City Commission.
CITY OF WINTER SPRINGS
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PAGE 19 OF 2]
Manager McLemore reviewed this Agenda Item.
With discussion, Mr. Clark explained his client's position and noted that there were only
135 trees in question, not 344.
Tape 3/Side 8
Further discussion.
Mr. Patrick J. Knight, Centex Homes, Division President, 385 Douglas Avenue, Suite
2000, Altamonte Springs, Florida: addressed the City Commission.
Mr. Derek Henry, Centex Homes, Development Manager, 385 Douglas Avenue, Suite
2000, Altamonte Springs, Florida: also was available to the City Commission.
Discussion.
Commissioner Martinez said to Attorney Garganese, "I think that the quickest solution to
this problem here tonight is to authorize you to send a letter; and that will give them and
the City Manager, as you say here, thirty (30) to 120 days to cure this." Attorney
Garganese stated, "We would enter into some sort of discussion to try to cure what I
believe is a breach." Commissioner Martinez then stated, "I recommend to the
Commission that they consider your recommendation in order to remove this Item from
the Agenda tonight and let it work its course between Staff and them, and then bring it
back to us for a final decision."
Attorney Garganesebriefly spoke for the record and for the Court Reporter (in
attendance) about Mr. Mingea's actions; tree replacements; and tree credits.
With discussion, Commissioner Blake said, "Now, the question as to whether there were
344 trees or 135 trees, I think is an important question that we need to get to the bottom
of." Commissioner Blake added, "As the trees are gone, and as I am certain that the
recalculation of trees occurred after the trees were removed, I think we need to be very
careful at what methods we use to check either the 344 or the 135 number, to try and
ascertain which number may be more correct. So as we go forward, Mayor, I think we
need to make sure that we carefully count the number of trees that may have been
removed as well."
Commissioner Martinez departed the Meeting at 11 :02 p.m.
CITY OF WINTER SPRINGS
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CITY COMMISSION
REGULAR MEETING - MAY 12, 2003
PAGE 20 OF 21
"I WOULD LIKE TO MAKE A MOTION THAT WE DIRECT THE CITY
MANAGER AND THE CITY ATTORNEY TO NOTIFY CENTEX HOMES OR
THE APPROPRIATE INDIVIDUALS AT THE DEVELOPMENT IN QUESTION,
THAT - THEY ARE IN DEFAULT OF THE AGREEMENT AND TO ENTER
INTO NEGOTIATIONS FOR A CURE." MOTION BY COMMISSIONER
BLAKE. SECONDED BY COMMISSIONER McLEOD. DISCUSSION.
VOTE:
COMMISSIONER McLEOD: AYE
COMMISSIONER McGINNIS: AYE
DEPUTYMAYORMILLER: AYE
COMMISSIONER BLAKE: AYE
MOTION CARRIED.
ADJOURNMENT
The Meeting was Adjourned at 11 :08 p.m.
.:..:. AGENDA NOTE: THE FOLLOWING REPORTS WERE NOT
DISCUSSED DURING THIS MEETING. .:..:.
REPORTS
REPORTS
24. A. City Attorney - Anthony A. Garganese, Esquire
REPORTS
25. B. City Manager - Ronald W. McLemore
REPORTS
26. C. City Clerk - Andrea Lorenzo-Luaces
REPORTS
27. D. Commission Seat Five - David W. McLeod
REPORTS
28. E. Commission Seat One/Deputy Mayor - Robert S. Miller
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - MA Y 12,2003
PAGE 21 OF21
REPORTS
29. F. Commission Seat Two - Michael S. Blake
REPORTS
30. G. Commission Seat Three - Edward Martinez, Jr.
REPORTS
31. H. Commission Seat Four - Sally McGinnis
REPORTS
32. I. Office Of The Mayor - John F. Bush
RESPECTFULLY SUBMITTED:
NZO-LUACES, CMC
APPROVED:
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NOTE: These Minutes were approved at the June 9, 2003 Regular City Commission Meeting.