Loading...
HomeMy WebLinkAbout_2003 02 10 City Commission Regular Minutes CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING FEBRUARY 10,2003 CALL TO ORDER The Regular Meeting of Monday, February 10, 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). Mayor John F. Bush, present Deputy Mayor Robert S. Miller, absent 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, absent Attorney Jeff Buak, present After a moment of silence, the Pledge of Allegiance was recited. Agenda Changes were then briefly discussed. AWARDS AND PRESENTATIONS None. PUBLIC INPUT Mr. Gene Lein, 1173 East Winged Foot Circle, Winter Springs, Florida: spoke for the record about an article printed in the "Tuscawilla Today." Ms. Isabelle Laub, 1372 Blue Spruce Court, Winter Springs, Florida: remarked about problems on Winter Springs Boulevard and suggested the following need to be corrected: "Condition of two (2) bridges along Winter Springs Boulevard between Seneca Boulevard and Country Club, namely bridge numbers 775711 and 775712, and the two (2) subdivision direction signs on the right-of-ways along the stretch of road near the two (2) bridges. The two (2) bridges and approach guard rails need to be pressured cleaned as they are badly mildewed and they need painting with good mildew-resistant paint that will adhere to concrete as the paint on them has peeled off over half of the bridge. The CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 10,2003 PAGE 2 OF 20 two (2) signs - were placed on the right-of-ways by companies no longer doing business in Tuscawilla. The signs are in bad need of repair and need painting." Manager McLemore stated, "What she is bringing up are two (2) new items and I agree with it 100% - we ought to do it." Mr. Mervin Warner, 673 Keuka Court, Winter Springs, Florida: commented on previous comments related to commercial vehicles, and an area apartment complex; exemptions; the proposed Paw Park; and added that he had previously asked about the "Signs at Seneca and Winter Springs - the rails, and the rails on Winter Springs Boulevard at Seneca; and I was told that they would be taken care of that Thursday." Regarding Mr. Warner's last comments, Commissioner Michael S. Blake added, "We were assured back in December that all they needed was three (3) weeks and it has almost been two and one half (2 Y2.) months - certainly enough time to finish out the contract so it is something we need to address this evening." CONSENT CONSENT 1. A. Office Of The Mayor Resolution Number 2003-07, A Resolution Of The City Of Winter Springs, Florida, Expressing Appreciation To William H. Poe For His Seryice On The Beautification Of Winter Springs Board. CONSENT 2. B. Office Of The City Clerk Approval Of The January 21, 2003 City Commission Special Meeting Minutes. CONSENT 3. C. Office Of The City Clerk Approval Of The January 27, 2003 City Commission Regular Meeting Minutes. "MOTION TO APPROVE COMMISSIONER MARTINEZ. DISCUSSION. CONSENT AGENDA." MOTION BY SECONDED BY COMMISSIONER BLAKE. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 10,2003 PAGE 3 OF 20 VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. INFORMATIONAL INFORMATIONAL 4. A. Community Development Department Adyising The City Commission Of The Status Of Various Current Planning Projects. Brief discussion. INFORMATIONAL 5. B. Parks And Recreation Department Would Like To Inform The City Commission Of The Status Of Irrigation At Moss Park. INFORMATIONAL 6. C. Not Used. INFORMATIONAL 7. D. Parks And Recreation Department Notifying The City Commission Of The Department's Intent To Schedule The Official Grand Opening Of The Torcaso Park Expansion On Saturday, March 15, 2003. Commissioner Blake mentioned that he would like to attend but would be out of town. Manager McLemore stated, "Just give us another date." Commissioner Blake added, "Ordinarily Mayor, we schedule these things with the help of the Commission." Mr. Chuck Pula, Parks and Recreation Department Director suggested, "Anytime in mid to late March would be fine." Mayor Bush said to the Commission, "If each one of you would let Mr. McLemore know if you have a conflict on any Saturday other than the one of course that Commissioner Blake has brought up and then we can get it set that way." Further, Mayor Bush suggested, "So you will let Mr. McLemore know if you have a Saturday problem, and he will also take a look at the other events on Saturday that are coming up, because there are some - and then Ron [McLemore], you can call them if CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 10,2003 PAGE 4 OF 20 they don't get with you in the next two (2) or three (3) days." Manager McLemore stated, "Okay." "MOTION TO APPROVE INFORMATIONAL AGENDA WITH THE CHANGES SPECIFIED FOR ITEM 'D,' AS TO DATE." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. PUBLIC HEARINGS None. REGULAR REGULAR 8. A. Community Development Department Requesting Commission Consider And Approve A Development Agreement And Its Associated Geometry Plan For The State Road 434 Retail Development (A.K.A. VilIagio), Located On A 9.15-Acre Tract Along The South Side Of State Road 434, Adjacent To And West Of Stone Gable. With brief discussion on when the Development Agreement was available, it was agreed this Agenda Item would be handled later in the evening. REGULAR 9. B. Community Development Department Requesting Commission Consider And Approve A Conceptual Development Plan For A Dentist Office On The 0.72 Acre Site Immediately West Of City Hall, Between The City Hall And The Equipment Rental Facility On State Road 434. Mr. John Baker, AICP, Current Planning Coordinator, Community Development Department presented his introductory comments on this Agenda Item. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 10,2003 PAGE 5 OF 20 Discussion ensued on the frontage road, and the proposed plan "'B. ", Dr. Delhart L. Courtney, 163 Stone Gable Circle, Winter Springs, Florida: pointed out that the rendering of '"B''' shows "It is brick on the bottom and some kind of stucco on the top." Commissioner McLeod further inquired, "So it is a true brick - that is on the bottom part?" Dr. Courtney responded, "Right." Discussion. Commissioner Edward Martinez, Jr. stated, "Does liability affect us in allowing a driveway to be used for private enterprise." Attorney Jeff Buak remarked that "The City enjoys sovereign immunity so unless we had some of our own torte liability, then we wouldn't have any type of obligation to any folks that were using the access road to get to the Doctor's property." Further, Attorney Buak added, "I might suggest that as we go down this road, your Code allows for a Development type of Agreement to get some of these things worked out, so you might want to consider that; since the Doctor has indicated he might need an easement to gain access to our sewer lift station." Commissioner Martinez said, "I certainly prefer that route." "I MOVE THAT WE APPROVE PLAN 'B' - AND THE CONCEPT OF THE SHARED-ACCESS BASED ON FURTHER STUDY OF THE ISSUE." MOTION BY COMMISSIONER McGINNIS. Commissioner Blake stated, "Point of Order" and spoke about the Motion. COMMISSIONER McGINNIS RESTATED HER MOTION IN THAT "I MOVE THAT WE APPROVE PLAN 'B' FOR DR. COURTNEY'S OFFICE AND THE SHARED-ACCESS INTO THE BUILDING WITH OUR CITY HALL PROPERTY, PENDING SPECIFIC WORDING IN THE DEVELOPER'S AGREEMENT IN ACCORDANCE WITH THE LAWYER - PERTAINING TO THAT ISSUE." SECONDED BY COMMISSIONER McLEOD. DISCUSSION. COMMISSIONER McLEOD CLARIFIED THE MOTION AS THE "CONCEPTUAL DEVELOPMENT PLAN FOOTPRINT THE CONCEPT OF CROSS-ACCESS THROUGH CITY HALL, WEST DRIVE CUT, REDESIGN AND CONSTRUCTED AT THE APPLICANT'S EXPENSE AND TO USE DESIGN 'B.'" MAYOR BUSH ADDED, "PREFERRING THAT WE HAVE A DEVELOPER'S AGREEMENT AS WELL." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 10, 2003 PAGE 6 OF 20 COMMISSIONER BLAKE INQUIRED, "IS THERE ANYTHING IN THE MOTION THAT ADDRESSES THE EXPLORATION OF A DEVELOPER'S AGREEMENT THAT WOULD PROVIDE AN EASEMENT FOR THE ACCESS TO THE LIFT STATION?" MANAGER McLEMORE STATED, "IT WILL BE IN THE FINAL ENGINEERING, YES." VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. REGULAR 10. C. Office Of The City Manager Requesting The City Commission To Confirm March 8, 2003 For A Goal Setting Workshop With The Commission, City Manager, And Department Heads Facilitated By The Institute Of Government Of Central Florida University. Commissioner Blake noted his conflict with this date, and Commissioner McLeod voiced his concerns with a proposed Saturday Meeting. Mayor Bush asked Manager McLemore, "Is this something that could be spread over more than one Meeting and we do it during the week, in the evenings. Is that a possibility?" Manager McLemore stated, "I'll sure ask." Mayor Bush added, "Why don't we explore that." Mayor Bush then asked the City Commission, "Is this a worthwhile thing to pursue and if so, then we will work out a date at which all Commissioners can attend." Commissioner Martinez stated, "I agree with you." Commissioner Sally McGinnis stated, "I would hope we could do it." Mayor Bush then said, "I think we need a Motion then to pursue this and get a date set that is acceptable to all Commissioners. Could we have a Motion to that effect?" "SO MOVED." MOTION BY COMMISSIONER McGINNIS. Commissioner Martinez left the Commission Chambers at 7: 1 0 p. m. MAYOR BUSH CLARIFIED THE MOTION AS "WE WOULD HOLD A WORKSHOP ONCE WE CAN FIND DATES WHICH ALL COMMISSIONERS CAN ATTEND, IF AT ALL POSSIBLE." SECONDED BY COMMISSIONER BLAKE. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 10,2003 PAGE 7 OF 20 VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MARTINEZ: NOT PRESENT FOR VOTE. MOTION CARRIED. REGULAR 11. D. Office Of The City Clerk Requests That Commissioner Robert S. Miller Make An Appointment To The Beautification Of Winter Springs Board To Replace Mr. William H. Poe Who Resigned On January 27, 2003 As A Result Of Being Appointed To The Planning And Zoning Board/Local Planning Agency. Regarding this Agenda Item, Mayor Bush stated, "We will delay that until he is in attendance. " Commissioner Martinez returned to the Commission Chambers at 7: 1 2 p. m. REGULAR 12. E. Community Development Department Requests Direction From The City Commission On Funding ADA Paratransit Services In FY 2002 - 2003. "I AM ASKING THAT WE APPROVE IT." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McGINNIS.' DISCUSSION. Tape I/Side B Discussion. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER McLEOD: NAY COMMISSIONER MARTINEZ: NAY COMMISSIONER BLAKE: AYE MAYOR BUSH: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 10,2003 PAGE 8 OF 20 REGULAR 13. F. Not Used. REGULAR 14. G. Community Development Department Requests That The City Commission Consider Signs Proposed For Within The JDC Calhoun Town Center Site. Mr. Baker introduced this Agenda Item. "I MAKE A MOTION WE APPROVE STAFF'S RECOMMENDATION ON THE CALIFORNIA YOGURT SIGN." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. Discussion ensued on the signage for the "Great Clips for Hair" store. "MOTION TO APPROVE A 'GREAT CLIPS FOR HAIR' SIGN." MAYOR BUSH ADDED, "THE MOTION WOULD ALSO INCLUDE THE LOCATION - STAFF RECOMMENDS THAT THE SIGN BE LOCATED AT A CORNER OF THE WINDOW IN CONTRAST TO BLOCKING THE INTERIOR VIEW." COMMISSIONER MARTINEZ SAID, "SO MOVED." MOTION BY COMMISSIONER MARTINEZ. MOTION DIED FOR LACK OF A SECOND. Further discussion. "I WILL MAKE THE MOTION THAT WE DO APPROVE THE SIGN FOR THE 'GREAT CLIPS FOR HAIR' - OPEN SIGN IN NEON." MOTION BY COMMISSIONER McLEOD. MOTION DIED FOR LACK OF A SECOND. "I WOULD LIKE TO MAKE THE MOTION THAT THE 'GREAT CLIPS FOR HAIR' NEON SIGN TO BE USED IN THE TOWN CENTER AND THE PLACEMENT OF THAT SIGN COULD BE IN THE CENTER OF THE WINDOW." MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 10, 2003 PAGE 9 OF 20 VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: NAY COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. REGULAR 15. H. Community Development Department Advising The City Commission That A Code Violation Does Not Exist Regarding The Existing Barrier Fence In The Greenbriar Development. "MOTION TO APPROVE STAFF'S RECOMMENDATION." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. REGULAR 16. I. Community Development Department/StaffDRC Requests That The City Commission Consider A Proposed Policy For Glass Tinting (Including The Application Of Tinting Film). To First Floor Windows Within The Town Center Buildings. This Policy Is Intended To Maintain Views Into Stores Along Street Frontage In A Manner That Encourages Pedestrian Traffic. Ms. Eloise Sahlstrom, Senior Planner, Community Development Department presented introductory comments, photographs, and samples of tinting to the City Commission. Discussion. Mr. Dan Washburn, 1750 West Broadway Street, Oviedo, Florida: as the owner of the "Great Clips for Hair" store, Mr. Washburn addressed the City Commission about the tinted windows of his store. Regarding the tinted windows, Mr. Washburn stated "I had no idea that that was against the Code and I am certainly willing to remove it." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 10,2003 PAGE 10 OF 20 "I WOULD LIKE TO MAKE A MOTION THAT WE FOLLOW STAFF'S RECOMMENDATION'S ON ITEM 'I.'" MOTION BY COMMISSIONER MARTINEZ. MAYOR BUSH NOTED THE RECOMMENDATION FROM THE AGENDA ITEM AND STATED, "STAFF DRC REQUESTS THE COMMISSION DIRECT CODE ENFORCEMENT TO OVERSEE THE REMOVAL OF ANY NON-CLEAR TINTING FILM WHICH MAY HAVE ALREADY BEEN INSTALLED IN THE FIRST FLOOR WINDOWS OF THE TOWN CENTER SUCH AS AT 'GREAT CLIPS.'" MOTION DIED FOR LACK OF A SECOND. Discussion. Mr. Ray Sherman, 1020 Turkey Hollow Circle, Winter Springs, Florida: spoke to the City Commission on the Rachel Nicole's store." Tape 2/Side A Discussion ensued on the Code, and specifications. Commissioner Martinez stated, "Point of Order" and spoke of Staff's recommendations. Further discussion. Mayor Bush suggested, "I would like to recommend that we table this until we get more information. This can't be the first case in Florida." Mayor Bush then suggested that stores at the Winter Park Village might have had to address similar problems. Mayor Bush added, "I think we need more information." "I MAKE A MOTION THAT WE POSTPONE THIS ITEM UNTIL FEBRUARY 24TH, AT WHICH TIME THE MANAGER OR STAFF OR EVEN THE APPLICANT CAN PROVIDE US WITH MORE INDEPTH INFORMATION IN WHICH FOR US TO MAKE AN INTELLIGENT DECISION." MOTION BY COMMISSIONER MARTINEZ. MOTION DIED FOR LACK OF A SECOND. "I WOULD LIKE TO MAKE A MOTION THAT WE DENY THE REQUEST FROM 'GREAT CLIPS' TO KEEP THE BLACK TOTALLY OPAQUE WINDOW SCREEN UP - IT MUST BE REMOVED." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 10,2003 PAGE 11 OF 20 VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. "I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE THE 'CL SR PS' OR EQUIVILENT FOR ITS 'UV' AND ALSO THAT WE WOULD APPROVE THE 'NI035 SR CDF' EQUIVILENT AS FAR AS THE PERCENTAGES GO, BECAUSE THIS IS ONE PARTICULAR MANUFACTURER, AND I THINK YOU NEED TO LOOK AT YOUR SOLAR TRANSPARENCIES EQUIVALENCE OF THESE TWO (2) AND THAT NEEDS TO BE WHAT IT IS WRITTEN AROUND." MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. COMMISSIONER McLEOD ADDED, "AS THE TECHNICAL DATE, ANYTHING WITHIN THOSE TWO (2) RANGES SHOULD BE AGREEABLE." "I WOULD LIKE TO MAKE AN AMENDMENT TO THE MOTION - THESE FILMS ARE ONLY APPROVED FOR USAGE ON THE NON NORTHERN EXPOSURE WINDOWS, PRIMARILY THE SOUTH AND SOUTHEAST GIVEN THE LAYOUT OF THE TOWN CENTER." AMENDMENT TO THE MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: (ON THE AMENDMENT) COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER McLEOD: NAY MOTION CARRIED. VOTE: (ON THE MOTION AS AMENDED) COMMISSIONER MARTINEZ: NAY COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: NAY MAYOR BUSH: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 10,2003 PAGE 12 OF 20 Mayor Bush called a break at 8:20 p.m. The Meeting reconvened at 8:36 p.m. .:..:. AGENDA NOTE: THE FOLLOWING AGENDA ITEM WAS DISCUSSED NEXT, AS DOCUMENTED, FOLLOWED BY THE REST OF THE AGENDA. .:. .:. REGULAR REGULAR 8. A. Community Development Department Requesting Commission Consider And Approve A Development Agreement And Its Associated Geometry 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. Ms. Kasey Edwards, 100 Stone Gable Circle, Winter Springs, Florida: commented on a proposed wall and preserving trees. Mr. Baker spoke on this Agenda Item and reviewed the proposed Development Agreement. Mr. Hal H Kantor, Attorney, Lowndes Drosdick Doster Kantor & Reed, P.A., 215 North Eola Drive, Orlando, Florida: presented information on the proposed Villagio project to those in attendance. (The information in Attachment "A" was shown to those present and contained information that Mr. Kantor stated would be done.) During Mr. Kantor's presentation, Mr. Kantor spoke about Specimen Trees and stated, "We were able to preserve Specimen Oaks. It happens that those are on the side of the property nearest Stone Gable. And, we have agreed to grant a tree preservation easement to the City, regardless of where the wall is. I just want you to understand, regardless of where the wall is, we've agreed to grant a conservation area easement to the City. And you will hear tonight, people talking about the widths and when we look back at the plan, the conservation easement narrows, it is thirty feet [30'] for several, I don't know how many feet, and it narrows to a smaller point as it goes back to the retention pond, because there is no space back there to preserve it beyond that and frankly, the trees diminish back there as well. But that is where the retention pond goes, and I believe there are actually 61 trees. And we will build a six foot (6') concrete wall with dye cast brick or stone, and we delivered copies of that - what that appears to be to you staff; and we have also agreed to limit our construction. There will be no vertical construction prior to putting up the wall. There will be some infrastructure because you have got to lay down some pipes in the ground, and you have got to prepare, in order to build the wall. One of the things we have to do apparently is build a slab because this wall is actually built on CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 10,2003 PAGE 13 OF 20 site, so we have got to build a site to construct these walls, because of the construction method. But we will then put up the wall so that as we are engaged in most of the construction, it will be buffered from the homeowners in Stone Gable." Furthermore, Mr. Kantor stated, "We will grant a deceleration lane, you heard John, without compensation for the land it is about - it is eleven feet (11 ') in width, in front of our site." Mr. Kantor then stated in reference to his comments and what was shown in writing during a PowerPoint presentation [Attachment "A"] - those are the commitments that we have agreed to do." Mr. Kantor then reviewed two (2) alternatives [also included in Attachment "A"]. Mr. Medford McCoy, 114 Brookshire Court, Winter Springs, Florida: stated that "The Florida Power easement behind that property up to the creek is owned by the Winding Hollow Homeowner's Association - it is a 100 foot wide easement for the power lines." Mr. Thomas Kearney, 159 Stone Gable Circle, Winter Springs Florida: as the president of the Stone Gable Property Owners Association, thanked City Staff, Manager McLemore, and the Developer for their efforts. Tape 2/Side B Mr. Kearney further spoke about their opposition to the proposed Cross-Access Easement; a deceleration lane; and trees. Mr. Robert Keith, 106 Stone Gable Circle, Winter Springs, Florida: presented a copy of their Covenants to Attorney Buak, and spoke of the trees and the extension of the wall. Mr. Robert Johnston, 104 Stone Gable Circle, Winter Springs, Florida: thanked City Staff, Manager McLemore, Mr. Kip Lockcuff, P.E., Public WorkslUtility Director; Mr. Michael Mingea, ArboristlEnvironmental Inspector, Community Development Department; Mr. Baker; and the Developer. Mr. Johnston also remarked about signage; construction hours; and the proposed easement. With discussion on the Arbor Ordinance; vested rights; and City Attorney opinions, Commissioner Martinez inquired, "Are we within the law when we do this - and I think that as it happened before, you are not, but I will reserve further comments until I check with an outside source." Commissioner Blake asked Manager McLemore, "When did we begin speaking about a re-write of the Tree Ordinance - that Ordinance that ultimately became 2002-08?" Manager McLemore stated, "I would have to go back to the written chronology." Commissioner Blake then inquired, "Who authorized the City Attorney to render an opinion as to whether or not vested rights applied in this case?" Manager McLemore responded, "I would have to have the written chronology in front of me. I don't CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 10,2003 PAGE 14 OF 20 remember those dates." Commissioner Blake then inquired, "Did the Attorney deliver us a written opinion on that?" Manager McLemore stated, "I don't recall." Discussion ensued on whether or not an opinion from the City Attorney had been given regarding vested rights on the Tree Ordinance in relation to this particular application. Commissioner Blake then said, "I do not know what the effect of pre 2002-08 or post 2002-08 will be on this Developer's Agreement, but I think that is something that we need to see, and I would like to get that information." Discussion ensued on Exhibit "C." Tape 3/Side A Further discussion. "I MAKE A MOTION THAT WE DIRECT THE CITY ATTORNEY TO REWORK THE DEVELOPMENT AGREEMENT TO INCLUDE A WRITTEN OPINION FROM THE CITY ATTORNEY ON THE TREE ORDINANCE APPLICATION TO THIS PROJECT TO REQUIRE A FINAL SITE PLAN APPROVAL HEARING BY THE CITY COMMISSION AND TO COME BACK ALSO WITH AN OPINION OF THE ABILITY OF THE CITY TO GRANT A CREDIT FOR THE PROPERTY EASEMENT ACQUISITION, SHOULD THE HOMEOWNER'S DECIDE TO ACCEPT THE CONVEYANCE OF PROPERTY FROM THE DEVELOPER." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. COMMISSIONER BLAKE RESTATED HIS MOTION, "AN OPINION FROM THE CITY ATTORNEY ON VESTED RIGHTS, IN TERMS OF WHICH TREE ORDINANCE APPLIES TO THIS APPLICATION. SECONDLY, WAS A CHANGE ON PAGE 8 - SECTION 5. (e) THAT WOULD REQUIRE FINAL SITE PLAN APPROVAL FROM THIS COMMISSION AND THEN THE THIRD ITEM WAS AN OPINION ON THE LEGALITY OR ADVISABILITY OF UTILIZING TREE BANK MONIES TO PURCHASE PROPERTY FOR PRIVATE OWNERSHIP IN THE EVENT THAT THE HOMEOWNER'S WERE TO DECIDE TO ACCEPT THE CONVEYANCE OF THAT PROPERTY." COMMISSIONER MARTINEZ STATED, "ON PAGE 3, UNDER THE NUMBERS OF TREES, I WOULD LIKE TO SEE A FIXED FIGURE INSTEAD OF 'APPROXIMATELY.'" MANAGER McLEMORE STATED, "WE CAN FIX IT." COMMISSIONER McLEOD ADDED, "CONSTRUCT THE WALL UTILIZING CONSTRUCTION TECHNIQUES THAT WILL ATTEMPT TO PRESERVE A TOTAL OF APPROXIMATELY 61 TREES, BUT NOT LESS THAN 58." MOTION. SECONDED. WITH DISCUSSION, COMMISSIONER McLEOD ADDED, "REPLACE THEM WITH LIKE SIZE." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 10,2003 PAGE 15 OF 20 MR. MINGEA THEN ADDRESSED THE CITY COMMISSION ON SIZES AND SURVIVABILITY OF TREES. REGARDING THE AMENDMENT TO THE MOTION, COMMISSIONER MARTINEZ ADDED, "THE MANAGER SAID 61, 58 TO 61. I PREFER 61. LET'S PUT IT AS 61." Commissioner Blake stated, "Point of Order " and spoke of the Amendment. VOTE: (ON THE AMENDMENT) COMMISSIONER McGINNIS: NAY COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: NAY COMMISSIONER McLEOD: AYE MAYOR BUSH: NAY MOTION DID NOT CARRY. "I WOULD LIKE TO MAKE AN AMENDMENT TO THE MOTION THAT IF ANY OF THE TREES ARE DAMAGED THEY WILL BE REPLACED WITH THE SAME SIZE CALIPER AS THE DAMAGED TREES, UP TO 61." AMENDMENT TO THE MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: (ON THE AMENDMENT) COMMISSIONER BLAKE: NAY COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: NAY MAYOR BUSH: AYE MOTION CARRIED. VOTE: (ON THE MOTION AS AMENDED) COMMISSIONER MARTINEZ: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. Commissioner Blake said, "I would hope we would get this back by our next Meeting." Discussion ensued on the issue of the proposed Cross-Access Easement. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 10,2003 PAGE 16 OF 20 "I WOULD MAKE A MOTION THAT WE DELETE THAT OUT OF THE AGREEMENT." MOTION BY COMMISSIONER McLEOD. COMMISSIONER McLEOD RESTATED HIS MOTION, "I WOULD MAKE A MOTION THAT WE TAKE THE CROSS-ACCESS EASEMENT OUT OF THE DOCUMENT - THE DEVELOPER'S AGREEMENT." SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. Mayor Bush stated, "Hopefully by the next Meeting, the people in the subdivision will let Staff know what your wishes are." REGULAR 17. J. Community Development Department Requesting The Commission To Upgrade A Temporary Position In The Customer Service Division Of The Community Development Department To A Full Time Position To Continue Upgrading Customer Service. Manager McLemore, Mr. Lockcuff, and Ms. Max Epstein, Customer Service Manager, Community Development Department gave an overview of this Agenda Item to the City Commission. Commissioner Blake asked to get a preview on the KN A program. "I MAKE A MOTION WE APPROVE STAFF'S RECOMMENDATION FOR ITEM 'J.'" MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 10,2003 PAGE 17 OF 20 REPORTS REPORTS 18. A. City Attorney - Anthony A. Garganese, Esquire Mayor Bush stated, "One of the things I would like to ask of the City Attorney is that - I would like information on pending litigation and other things." Mayor Bush continued, "For instance, the City Attorney has opined an opinion regarding the Winter Springs signage; we haven't heard back from the School Board; the pending litigation on the annexation out here on the east side of town. I would like for him to give us a little update, even if nothing is happening." Attorney Buak stated, "We can do that Mayor- we will be happy to do that." Attorney Buak then stated, "In the spirit of that Mayor, I can tell you that we are moving forward with the agreement - with MV Transportation for the Senior Transportation." REPORTS 19. B. City Manager - Ronald W. McLemore Manager McLemore spoke about the Seminole County Legislative Day, scheduled for February 19th and asked who could attend. Tape 3/Side B With discussion, it was agreed that Commissioner McGinnis would represent the City Commission in Tallahassee at this event. REPORTS 20. C. City Clerk - Andrea Lorenzo-Luaces No Report. REPORTS 21. D. Commission Seat Five - David W. McLeod Commissioner McLeod stated that he had an appointment to fill the vacancy on the Board of Trustees (Pension Plan). REGARDING HIS PROPOSED NOMINATION, COMMISSIONER McLEOD STATED, "AT THIS TIME I WOULD LIKE TO NOMINATE TIMOTHY PESUT TO THE PENSION BOARD." MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 10,2003 PAGE 18 OF 20 VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. REPORTS 22. E. Commission Seat One/Deputy Mayor - Robert S. Miller Absent. REPORTS 23. F. Commission Seat Two - Michael S. Blake Commissioner Blake commented about a former JROTC student Fred Augustin, who has been at Florida State University and who is in the Reserves and just left for Jordan. Commissioner Blake suggested, "As we go forward with some of the things we are trying to do, keep the Fred Augustin's of the world in our thoughts and let's try to do good things." REPORTS 24. G. Commission Seat Three - Edward Martinez, Jr. No Report. REPORTS 25. H. Commission Seat Four - Sally McGinnis Commissioner McGinnis commented on the Senior Center "Giving proceeds or monies out of their coffers to non-profit - agencies in the City." Commissioner McGinnis added, "I feel that monies should be spent back - for the seniors; and there are a variety of ways that could be done. That is something - I think we should look at." Commissioner McGinnis also explained that an audit is required by their by-laws, and asked, "Have you ever required an audit, and has that ever been done, and is that on record any place?" Manager McLemore stated, "Not to my knowledge." Commissioner McGinnis then stated, "I just think that is something that this Commission should take a look at." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 10,2003 PAGE 19 OF 20 Commissioner Martinez remarked that "Mr. Pula and Susie Coffman were supposed to have drafted a document to be brought back to us being very specific as to what can be done on the Senior Citizens Center fees they are to charge, etceteras - and that has never come back." Further, Commissioner Martinez added, "We directed the City Manager and Mr. Chuck Pula - was present, to draft a document covering all the specifics that they wanted, to bring it back to us for approval, and corrections, and deletions - and that has never happened." At the request of Mayor Bush, Commissioner McGinnis stated, "I would like to know if the City can require a Lease Agreement and an audit and - what restraints could be placed on giving money away." Mayor Bush clarified, "Let's let the Manager do some research on this and bring it back." Commissioner Martinez added, "Last year, because of a place being used for political activities, it was brought up to this Commission. It was discussed here and they were directed to go back and take the existing documents (which I still have copies of), which prohibited political activities at that center at the time and re-write it and bring it back to us. And that has never happened." REPORTS 26. I. Office Of The Mayor - John F. Bush Mayor Bush commented on the photographs that were taken of the Commission and asked that everyone make their selection. Secondly, Mayor Bush stated, "I appreciate the Commission moving forward on the goal setting. I think that is important for us and hopefully we can get some time when we all can meet during the week." Mayor Bush then suggested, "I would like the Commission to ask the City Manager to put together a list of deceleration lanes in order of priority, in terms of traffic within the City, and the costs associated. So that if it is something that the Commission wishes to do with the one cent gas tax in the future, it could be done." Mayor Bush added, "Can we get that on the Agenda, maybe the next Meeting - or whenever you think you can." With further consideration of the factors involved, Mayor Bush asked Chief of Police Daniel J. Kerr, "Can we see how many rear-end accidents we have had at different locations, is that a possibility?" Manager McLemore said, "We will do it" but no definite timeframe was agreed to. Mayor Bush also suggested that cost and safety should both be considerations, and said, "I think the Commission would like to see this in terms of the budget preparations." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 10,2003 PAGE 20 OF 20 ADJOURNMENT Mayor Bush adjourned the Meeting at 11 :00 p.m. RESPECTFULLY SUBMITTED: ZO-LUACES, CMC APPROVED: ., '. : ,>,. -'" ~ .,.,,"~ , . "" - -. -~ ~: j~'i~ J<?JIN F ,~H -, -.- MAYOR -. ,.- , -'. " NOTE: These Minutes were approved at the February 24, 2003 Regular City Commission Meeting.