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HomeMy WebLinkAbout_2003 02 24 City Commission Regular Minutes CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING FEBRUARY 24, 2003 CALL TO ORDER The Regular Meeting of Monday, February 24, 2003 of the City Commission was called to order by Mayor John F. Bush at 6:30 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). ROLL CALL: Mayor John F. Bush, present Deputy Mayor Robert S. Miller, 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, arrived at 6:32 p.m. After a moment of silence, the Pledge of Allegiance was recited. City Attorney Anthony A. Garganese arrived at 6:32 p.m. .:..:. AGENDA NOTE: THE FOLLOWING AWARDS AND PRESENTATIONS WERE PRESENTED, BUT NOT IN THE ORDER DOCUMENTED. .:. .:. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 1. A. Office Of The Mayor Presentation Of A Proclamation In Honor Of The National "Day of Remembrance." Mayor Bush read the Proclamation into the record. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 24,2003 PAGE 2 OF 20 AWARDS AND PRESENTATIONS 2. B. Office Of The Mayor Presentation Of A Proclamation In Honor Of The Local "Day of Remembrance." This Proclamation was read into the record by Mayor Bush. AWARDS AND PRESENTATIONS 3. C. Office Of The Mayor Presentation Of A Proclamation To Detective Rob Cable of the Winter Springs Police Department. Mayor Bush presented a Proclamation m recognition of Detective Rob Cable's accomplishments. PUBLIC INPUT Ms. Lurene Lyzen, 627 Marni Drive, Winter Springs, Florida: distributed a document to the City Commission and explained about some concerns that the Code Enforcement Board has regarding Commercial Vehicle violations, and asked that this issue be further reviewed. Mr. Phil Kulbes, 705 Glasgow Court, Winter Springs, Florida: addressed his concerns about comments that were previously made about the Senior Center. Regarding CDBG funds, Mr. Kulbes remarked about previous applications and handed a formerly completed CDBG Grant application to City Manager Ronald W. McLemore. Mr. George Seely, 211 Birch Terrace, Winter Springs, Florida: remarked about traffic situations on State Road 434 and Traffic Calming devices; and asked that something be done. Commissioner Michael S. Blake stated "Point of Order" regarding Public Input. Mr. Robert Keith, 106 Stone Gable Circle, Winter Springs, Florida: spoke of a buffer zone between both properties and the common area; the Stone Gable Property Owners Association vote; and suggested that the proposed Scenario 3 be selected by the City Commission. Mr. Robert Johnston, 104 Stone Gable Circle, Winter Springs, Florida: speaking as the Vice President of the Stone Gable Homeowner's Association, Mr. Johnston remarked about the buffer zone; trees; the Property Owner's Association vote; and the proposed wall. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 24, 2003 PAGE 3 OF 20 Ms. Kathleen Roy, 1205 Orange Avenue, Winter Springs, Florida: commented on her concern with the many trucks going past her property to the Borrow Pit; and said that trucks recently had been in this area and had destroyed the curb. Commissioner Blake stated, "Mayor, if you could find out what is going on, what that traffic problem is - maybe have Kip [Lockcuff, P.E., Public Works/Utility Department Director] or somebody from Staff give Ms. Roy a call back." Commissioner David W. McLeod inquired, "Would it be possible to get one of the Police Officers to drive over there and see what direction - are these tracks going on or off the property where the Borrow Pit is?" Mr. MJ Soileau, 100 Tuskawil/a Road, Winter Springs, Florida: spoke of a letter that Manager McLemore had sent out in December, and spoke of the future of the Borrow Pit. Mr. Brian Buholtz, 106 Trace Point, Winter Springs, Florida: as his property backs up to Orange Avenue, he spoke of his concern with the materials that will be used as fill for the Borrow Pit and asked how this will be monitored. Mr. Buholtz suggested that the City should be properly compensated. Mr. Ron Goddard, 151 Stone Gable Circle, Winter Springs, Florida: addressed the proposed Villagio project. Tape IISide B Mr. Goddard then commented on what costs might be involved with the proposed Villagio project. Mr. Anthony Edwards, 100 Stone Gable Circle, Winter Springs, Florida: spoke of the Property Association's vote; asked for more information about the parking space issue; and said that his preference would be for less parking spaces and more green areas. Mr. Larry G. Bonner, 108 Stone Gable Circle, Winter Springs, Florida: asked about the wall; said that a lot of the homeowners are not of aware of what is going on; and spoke of his preference for Scenario 3. Mr. Julian Demora, remarked about his property in Greenspointe and the proposed lot clearing. Ms. Kasey Edwards, 100 Stone Gable Circle, Winter Springs, Florida: commented on her concern with the proposed parking spaces, and the difference in land heights. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 24,2003 PAGE 4 OF 20 CONSENT CONSENT 4. A. Not Used. CONSENT 5. B. Community Development Department Recommends Approval Of A Request For A Conditional Use Within The City Of Winter Springs C-2 District, To Allow A Tattoo And Body Piercing Business At 883 And 885 North Highway 17-92. Mayor Bush stated, Consent Agenda Item "'B' has been pulled" and will be added to the end of the Regular Agenda. CONSENT 6. C. Parks And Recreation Department Requesting The City Commission Approval To Apply For A Community Development Block Grant (CDBG) For Demolition Of The Civic Center And Construction Of A New Senior Civic Center At Sunshine Park And Authorize The City Manager To Apply For This Grant On Behalf Of The City Of Winter Springs. Commissioner Edward Martinez, Jr. stated, "Item 'c' - on the face of the Agenda Item, the date is 3/24/2003 and that is wrong - and has to be corrected." Further brief discussion. CONSENT 7. D. Utility Department Requesting Approval To Enter Into A Contract To Design/Build Bar Screens At The West Water Reclamation Facility. CONSENT 8. E. Office Of The City Clerk Approval Of The February 10,2003 City Commission Regular Meeting Minutes. "MOTION TO APPROVE CONSENT AGENDA WITH THE EXCEPTION OF ITEM 'B.'" MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 24,2003 PAGE 5 OF 20 VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. INFORMATIONAL INFORMATIONAL 9. A. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. INFORMATIONAL 10. B. Public Works Department Updating The City Commission On The Status Of The Town Center Roads Project. Commissioner Blake inquired about the utilities along Tuskawilla Road. With brief discussion, Mr. Lockcuff stated, "The east side will be underground." Commissioner Blake added, "They will be underground?" Mr. Lockcuff then said, "Completely, except for the transformers." INFORMATIONAL 11. C. 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 22, 2003. INFORMATIONAL 12. D. Parks And Recreation Department Notifying The City Commission Of The Status Of The Florida Recreational Development Assistance Program Grants Regarding Central Winds Park Expansion. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 24, 2003 PAGE 6 OF 20 INFORMATIONAL 13. E. Public Works Department Advising The City Commission Of The Status Of Various Capital Improvements Projects. "MOTION TO APPROVE INFORMATIONAL ITEMS." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. PUBLIC HEARINGS None. REGULAR REGULAR 14. A. Office Of The City Manager Requesting The City Commission To Decide Outstanding Issues Relative To The Villagio Development Agreement And Direct The City Attorney To Finalize The Development Agreement Inclusive Of The Commission's Determinations. As Manager McLemore gave an overview of this Agenda Item, he noted that on Attachment 'D' - Scenario 2 should read, "'Scenario 2 includes the developer building the brick wall on the - western side' - not eastern side." With discussion, Commissioner Martinez stated, "An Ordinance was passed in April 2002, and previous to that we had Workshops and Public Hearings on the subject and now we are saying these folks are entitled to Vested Rights under the old law; and I say that I don't believe that to be correct. I take exception to it and I will seek an opinion from an office in the State that is qualified to do so." Mr. Hal H Kantor, Attorney, Lowndes Drosdick Doster Kantor & Reed, P.A., 215 North Eola Drive, Orlando, Florida: remarked briefly about the proposed Villagio project's parking spaces and trees. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 24, 2003 PAGE 7 OF 20 Regarding the difference of elevation, Commissioner McLeod inquired, "What is the actual height of the lot - the road surface elevation?" Mr. Kantor responded, "I don't know. This has come up before because the homeowners were concerned with drainage." Commissioner McLeod then said, "If we do put a wall in there, what provisions are being put in to relieve the water behind the wall?" Mr. Kantor stated, "Once you decide what you want us to do, I assume we will have weep-holes or something like that in there. Weare going to bring the Final Engineering back." Commissioner McLeod spoke for the record about this being looked at, possibly with the Final Engineering. Discussion ensued on Vested Rights; a reduced price; and the proposed Scenarios. The height of the proposed wall was discussed next. Tape 2/Side A Mr. John McCann, John McCann & Associates, 5850 Master's Boulevard, Orlando, Florida: stated, "The wall that proceeds along this way will be built six feet (6') higher than the highest side of the grade which happens to be the property owner's side - the Homeowner's side, six feet (6') above their property. As the wall turns and comes down this way, our property is getting filled in this area. It will be six feet (6') higher than our side which will put it more than - six feet (6') higher than the conservation side." Discussion. "I WOULD MAKE THE MOTION THAT WE AGREE TO CONSIDER THE VILLAGIO APPLICATION UNDER THE TREE ORDINANCE THAT WAS IN EXISTENCE AT THE TIME OF THEIR MEETING INITIALLY IN ACCORDANCE WITH THE CITY ATTORNEY'S OPINION." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 24, 2003 PAGE 8 OF 20 "I WOULD LIKE TO 'MAKE A MOTION THAT THE CITY RECOGNIZE EITHER A PROPERTY DONATION OR CONSERVATION EASEMENT APPLICATION OVER 9,179 SQUARE FEET OF PROPERTY FOR THE PURPOSE OF THE PROTECTION OF TREES AND THAT IS IN ACCORDANCE WITH THE DISCUSSIONS THAT WERE HELD AT THE PREVIOUS MEETING WHEREBY THE DEVELOPER HAS AGREED TO MAINTAIN THE HEALTH OF THOSE TREES FOR A PERIOD OF NOT LESS THAN ONE YEAR AND IN ACCORDANCE WITH THAT; THAT THE CITY WOULD RECOGNIZE A CONTRIBUTION CREDIT TO THE TREE BANK OF $15,000.00." MOTION BY COMMISSIONER BLAKE. COMMISSIONER BLAKE ADDED, "BY ANY MECHANISM THAT WILL PROTECT IN PERPETUITY THE TREES." SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. COMMISSIONER McLEOD INQUIRED, "WOULD THAT BE TO MAINTAIN THE TREES FOR A PERIOD OF ONE (1) YEAR, AND IF A TREE SHOULD DIE, THEY WOULD REPLACE THAT TREE - TREE FOR SIZE." COMMISSIONER BLAKE SAID, "UNLESS THERE IS SOME MOTION MADE SUBSEQUENT TO THIS POINT THAT CLARIFIES IT DIFFERENTLY - THAT IS EXACTLY WHAT IT WOULD MEAN." "I WOULD LIKE TO MAKE A MOTION TO AMEND THE MOTION, AND THAT MOTION WOULD BE THAT THE CONVEYANCE OF THIS WOULD BE BY - THE DETERMINATION OF WHETHER IT IS GOING TO CITY OR IT IS GOING TO THE HOMEOWNER'S ASSOCIATION, WOULD BE MADE BY MARCH 15TH, AND THAT IS IN ORDER TO GIVE THE HOMEOWNER'S ASSOCIATION AN OPPORTUNITY TO VOTE ON IT - THEY WOULD THEN HAVE THE OPPORTUNITY TO HAVE SOME SAY IN THE FUTURE OF IT." AMENDMENT TO THE MOTION BY COMMISSIONER McLEOD. SECONDED. DISCUSSION. Mr. Robert Johnston, 104 Stone Gable Circle, Winter Springs, Florida: suggested that it would be best if the City owned the land. Commissioner Blake stated "Point of Order" and asked that the City Clerk restate the Amendment to the Motion. THE CITY CLERK WAS ASKED TO RESTATE THE AMENDMENT, AND DID SO. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 24, 2003 PAGE 9 OF 20 VOTE: (ON THE AMENDMENT) COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: NAY COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. THE CITY CLERK WAS ASKED TO RESTATE THE MOTION AS AMENDED, AND DID. REGARDING THE SQUARE FOOTAGE NOTED IN COMMISSIONER BLAKE'S MOTION, COMMISSIONER BLAKE SAID "9,179 WHICH IS WHAT IS IN OUR PACKET - WHICH IS IF SOMEBODY HAD MADE A MOTION TO APPROVE AGENDA ITEM 'A,' THAT IS WHAT IT WOULD HAVE BEEN." COMMISSIONER BLAKE ADDED, "PERHAPS IT SHOULD HAVE SAID PLUS OR MINUS." "I WOULD LIKE TO MAKE AN AMENDMENT THAT WE PUT A PLUS OR MINUS." AMENDMENT TO THE MOTION BY COMMISSIONER McLEOD. SECONDED. DISCUSSION. VOTE: (ON THE SECOND AMENDMENT) COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. THE CITY CLERK WAS ASKED TO RESTATE THE MOTION AS AMENDED, AND DID SO. Commissioner Blake stated "Point of Order" and spoke of the number of Amendments allowed. VOTE: (ON THE MOTION AS AMENDED TWICE) COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. Discussion ensued on the "Tree Protection Guarantee." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 24, 2003 PAGE 10 OF 20 Commissioner Blake suggested his preference for the language that Staff is proposing on the "Tree Protection Guarantee" as on page 4 of our Recommendation - that is essentially what I would agree to with the additional language of minimum size, four inch (4") caliper, rounding up." "I RECOMMEND ON THE 'TREE PROTECTION GUARANTEE,' I WOULD MAKE A MOTION TO APPROVE STAFF'S RECOMMENDED LANGUAGE WITH THE ADDITIONAL LANGUAGE OF MINIMUM SIZE, FOUR INCH (4") CALIPER, ROUNDED UP." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. COMMISSIONER BLAKE ADDED, "WHICH MEANS IF IT IS A TEN INCH (10") TREE, YOU HAVE TO REPLACE IT WITH THREE (3) FOUR INCH (4") TREES." ATTORNEY GARGANESE SAID, "IF IT IS NOT FEASIBLE TO PUT IT ON THE VILLAGIO SITE, THE DEVELOPER WAS PROPOSING 'OR ANOTHER LOCATION ACCEPTABLE TO THE CITY - SOMEWHERE OTHER THAN THE SITE.'" COMMISSIONER BLAKE ADDED, "I WOULD BE IN AGREEMENT TO THAT." VOTE: COMMISSIONER McLEOD: NAY COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: NAY COMMISSIONER McGINNIS: AYE MAYOR BUSH: AYE MOTION CARRIED. Regarding the Attorney's Opinion on the authority to acqUIre property, Attorney Garganese stated, "It is implied in your decision tonight." Mayor Bush called a break at 8:41 p.m. The Meeting reconvened at 8:52 p.m. .:. .:. THE FOLLOWING AGENDA ITEMS WERE DISCUSSED IN THE ORDER, AS DOCUMENTED. .:. .:. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 24, 2003 PAGE II OF20 ADD-ON REGULAR 17. D. Office Of The City Manager Requesting The City Commission To Approve A Revised Development Agreement With Chang Nguyen Related To Repairs Of A Borrow Pit Located On A 4.42 Acre Site North Of Winter Springs High School Limiting Access To The Pond To The Seminole County Unimproved Right Of Way. Commissioner Blake returned to the dais at 8:53 p.m. Manager McLemore and Attorney Garganese also returned to the dais at 8:53 p.m. As Manager McLemore presented his introductory comments related to this Agenda Item, he noted that in regards to "'Hours of Operation,' I did talk to the School Board - their representative, Ms. [Diane] Kramer. They did not have any problems with this, with one (1) caveat; and that being that their hours of operation be limited during the morning school rush and the afternoon school rush, between 7 [a.m.] and 8 [a.m.] and 2 [p.m.] and 3 [p.m.] - that they would not be able to haul during those hours." With discussion on weekend traffic, Commissioner Blake pointed out that "It should say exactly what it says, only during weekdays. The hours though should be adjusted to say between 8 a.m. and 2 p.m. and 3 p.m. to 5 p.m. in accordance with the issues of the school. Mr. George B. Wallace, Esquire, 700 West First Street, Sanford, Florida: addressed the City Commission regarding his client. Tape 2/Side B Discussion ensued on possible breach of contract situations. On a related note, Mayor Bush pointed out that "On Wednesdays, school gets out at 1 :20 p.m., it doesn't get out at 2 o'clock; so we would need to change the hours to coincide with the early release on Wednesdays." With discussion on the wording of the Contract, Commissioner Blake said, "A truck comes in five (5) minutes early, or five (5) minutes late, for instance. That is just one term of the Contract; then it ought to be terminated. Now, if there is some circumstance out there whereas the Manager has suggested, I think that the Commission would do the right thing in that instance. But I think the Commission needs to have the power that the second time that happens, or the third, or if it becomes habit, that is it for the Contract. But to get there, the Commission has to have the ability and the understanding - that the Contractor, you are subject to that the very first time." Commissioner Blake added, "I don't think we have the appropriate safeguards in place to make sure that the Contract is administered correctly; that the people are protected that live around there." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 24, 2003 PAGE 12 OF 20 Furthermore, Commissioner Blake said, "If this by chance passes, I think the Contractor needs to be placed on notice right up front, that he will have to be in 100% compliance with the terms of the Agreement." Regarding the possible inspections of the materials, Commissioner McLeod inquired, "How are we going to inspect this - what is happening and what is going in this water?" Manager McLemore responded, "We intend to send our own people out there. Commissioner McLeod then asked, "How often?" Manager McLemore said in response, "I intend to check it daily." Commissioner McLeod added, "I hope that does happen." Commissioner McLeod then asked, "What kind of report - quality of water is required to be given to us, and how often would that happen?" Manager McLemore suggested, "What we could do is do a water quality sample before it gets started, and then sample it at different times along the project." Commissioner McLeod said, "I would highly recommend that we do that, and this is probably sampled at the applicant's cost, not our cost, by a professional engineering firm that can sample this - and give a report back to the applicant, with a copy to ourselves. And I think that this should happen at least bi- monthly - twice a month." Next noted by Commissioner McLeod, "On page 4 of 10, number 6.0 - the very top of that page, the final grading inspection of the property - but it also has a statement there though that the Borrow Pit has been 'Completely filled.' Could I not then say, well this Agreement really allows me to fill it?" Manager McLemore said, "We actually specified the length of term in the Agreement. I think what we could do is amend this sentence to make it consistent with that term." Commissioner McLeod added, "I think we should. Please see that that happens." As to any future development of the Borrow Pit, Commissioner McLeod said, "I think it should be brought out and stated as to what it really is." Manager McLemore added, "We do have a diagram, a graphic which we would attach to this Agreement that shows the fill area and only shows a slope from the side that is being repaired." Further discussion addressed the inspection of materials, and how the fill materials could be inspected. Manager McLemore suggested, "The only way we could do that would be to have them let us know when a vehicle is going to be there." On a related issue, the possible costs for such inspections was discussed next. Commissioner Blake asked, "How do we intend to charge for the inspections of these trucks?" Furthermore, Commissioner Blake inquired, "What steps do we intend to take and how)do we expect to recover those costs?" Commissioner Martinez stated "Point of Order" and spoke of time limits. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 24, 2003 PAGE 13 OF 20 Commissioner McLeod stated, "It is going to cost the Contractor for the reports - I would be in favor of that being of what he is going to have to do." Furthermore, Commissioner McLeod suggested, "I think periodic inspections, as determined by the Building Department and Code Enforcement, to rotate - as they desire is more reasonable for all parties concerned. However, I would say that if a truck is coming in there to dump, and that truck should dump and there is material that is on that truck that is not suitable, then I think a $500.00 penalty should be levied and immediately whatever that material is, is pulled out of there." Commissioner Sally McGinnis wanted to make sure that "Whoever does these inspections will have some training on what to look for." Mayor Bush summarized the discussion thus far: "The hours of operation have been addressed - weekdays only. The times would have to coordinate with the early let out of school on Wednesdays, so that would change the hours on Wednesdays. The water quality recommendation that Commissioner McLeod made about twice a month - water quality at the expense of the Contractor; and then the other recommendation was a $500.00 fine - for dumping incorrect materials, not approved." Commissioner McLeod elaborated on this last point by clarifying, "The inspector comes out there and watches something dumped and it is in the truck - it is immediately a $500.00 fine and then it is up to the Manager to decide to continue with the Contract or to go for the $25,000.00 Bond." Commissioner Martinez suggested to Manager McLemore, "The best method applicable to inspections is the spot check method." Manager McLemore then proposed, "I would leave the $500.00 fine in there. There might be a situation where somebody pulls something over on him, but I would say - three (3) times you are out, and with the opportunity to do it on the first time." In terms of inspections, Manager McLemore said to Commissioner Blake, "Tell me what you are comfortable with in terms of an inspection regime and we will develop a fee for it." Commissioner Blake said, "What is the actual cost?" Manager McLemore then said, "What you have asked for is a method of spot-checking and we will work that out and come up with a fee and say this is what we think our cost is." Commissioner Blake then asked, "How are we going to recover the costs of administering this Agreement?" Furthermore, Commissioner Blake said, "I would hope that as with any action that is taken that we would have it come back to us - the cost structure of how we are going to recover the costs of administering this Agreement." Commissioner McLeod said, "I am more concerned that we have the quality of the water than the recovering costs for an inspector." Commissioner Blake then said, "I thought we had adopted a policy whereby we are trying to match the costs spent on administering certain services with the permit fees - and I would hope the City Manager would come back to us with what those costs should be." Mayor Bush added, "I think what Commissioner Blake is asking for is reasonable, and it may be asking the Manager to make a recommendation on what would be an appropriate fee, rather than ask the Commission." Commissioner Martinez added, "These are going to be multiple inspections, and I think that if you are going to go into a fee schedule, you have to take that into consideration." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 24, 2003 PAGE 14 OF 20 Mayor Bush summarized the previous suggestions of the Commission as: "Bi-monthly water quality inspections at the cost of the developer; altering the times to accommodate the School Board - weekdays only; and as on the top of page 4 - striking about being 'Completely filled,' the Manager mentioned he would bring that - in line with the rest." "I WOULD LIKE TO MAKE A MOTION THAT WE DIRECT THE CITY MANAGER TO BRING US BACK A REVISED AGREEMENT INCORPORATING ALL THE THINGS DISCUSSED THIS EVENING." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. Regarding water quality tests, Attorney Garganese stated, "The developer is asking for clarification that it only requires surface water testing of the pond itself; not well testing." Commissioner McLeod stated, "I would like to refer that to Kip [Lockcuff] - that testing of water, I think Public Works should be the one to make the determination." Furthermore, Commissioner McLeod suggested to Manager McLemore, "I think you need a testing of the water - a sample of the water at some elevation within that lake that our Water Department is much better equipped to give us the answers to that, than we are. And I would like to have that information be brought forward by Kip [Lockcuff] and his people." Manager McLemore then said, "We will bring it back." With discussion on the Motion, Commissioner Martinez asked, "When would this be due back?" Mayor Bush stated, "Back at the next regularly scheduled Meeting." Manager McLemore agreed and said, "We'll bring it back at the next Meeting." VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. Tape 3/Side A REGULAR 15. B. Community Development Department - Arborist Recommends The City Commission Consider The Request Of Mr. Julian Demora To Remove Five (5) Specimen Trees, Ranging In Size From 23 To 26 Inches In Diameter. Ms. Eloise Sahlstrom, AICP, AS LA, Senior Planner, Community Development Department introduced this Agenda Item. Mr. Julian Demora, spoke about the request before the City Commission. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 24, 2003 PAGE 15 OF 20 With discussion, photographs were shown to those in attendance. "I MAKE A MOTION TO APPROVE THE REQUEST TO REMOVE FIVE (5) SPECIMEN TREES ON THE STATED LOTS IN ACCORDANCE WITH STAFF'S RECOMMENDATION." MOTION BY COMMISSIONER BLAKE. SECONDED. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. REGULAR 16. C. Office Of The City Manager Requesting The City Commission To Approve Fire Rescue, Police, And Parks Impact Fees As Provided In The November 2002 Impact Fee Analysis Report Prepared By Land Design Innovations, Inc. And To Direct The City Attorney To Prepare Implementing Ordinances. Manager McLemore presented introductory remarks related to this Agenda Item. Commissioner Blake asked about the proposed numbers; and per square foot charges. Mr. Marc Stehli, Director of Civil Engineering, Land Design Innovations Incorporated, 140 North Orlando Avenue, Suite 295, Winter Park, Florida: addressed the City Commission. Commissioner Blake pointed out that "There is a strong nexus between the number of square feet and the traffic, and I would be concerned that making that change would endanger our Impact Fee status and whether or not it would be defensible in Court." Commissioner Blake then asked Attorney Garganese about "Case law - on Impact Fees and per square foot basis - residential as opposed to units." COMMISSIONER BLAKE STATED, "I WOULD LIKE TO ASK IF WE CAN TABLE THIS UNTIL WE GET SOME ANSWERS ON THAT, BECAUSE THIS IS AN IMPORTANT ISSUE - SHOULD WE GET CHALLENGED ON AN IMPACT FEE FORMULA BECAUSE WE ARE USING THE SQUARE FOOT AS OPPOSED TO PER UNIT." COMMISSIONER BLAKE ADDED, "THAT IS MY MOTION." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 24, 2003 PAGE 16 OF 20 VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: NAY COMMISSIONER McLEOD: AYE MOTION CARRIED. .:..:. THE FOLLOWING CONSENT AGENDA ITEM WAS DISCUSSED NEXT AS DOCUMENTED, AS A REGULAR AGENDA ITEM; FOLLOWED BY THE REMAINING ITEMS. .:..:. REGULAR (FORMERL Y CONSENT AGENDA ITEM "B") Community Development Department Recommends Approval Of A Request For A Conditional Use Within The City Of Winter Springs C-2 District, To Allow A Tattoo And Body Piercing Business At 883 And 885 North Highway 17-92. Ms. Sahlstrom presented an overview of this Agenda Item. Along with discussion on this Agenda Item, photographs were shown to those In attendance. Commissioner Blake asked Attorney Garganese, "Is there evidence out there that would suggest what type of an effect an operation of this sort would have on the public's health, safety, and welfare on the surrounding community?" Attorney Garganese stated, "I am sure that there is a body of evidence that addresses this particular use." Commissioner Blake added, "Weare not in a position to make a decision yet because the data has not yet been provided for us. Is it possible that we could have some time to ask Staff to go back and find the kind of data that we are looking for, to determine what type of an effect on the surrounding community, this type of an operation would have?" Discussion. "I WOULD LIKE TO MAKE A MOTION TO DIRCT STAFF TO BRING BACK TO US A BODY OF EVIDENCE THAT WOULD GIVE US THE ABILITY TO DETERMINE WHETHER OR NOT ALLOWING A CONDITIONAL USE OPERATION SUCH AS THIS IN A C-2 DISTRICT WOULD HAVE AN ADVERSE EFFECT ON THE SURROUNDING HEALTH, SAFETY, AND WELFARE OF THE PUBLIC." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 24, 2003 PAGE 17 OF 20 VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. "I WOULD LIKE TO MAKE A MOTION TO TABLE THIS ITEM UNTIL STAFF COMES BACK WITH THE EVIDENCE REQUESTED." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. REGULAR 18. E. 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. Mayor Bush stated that as Commissioner Robert S. Miller was not present at this Meeting, this Agenda Item "Will have to be delayed until he is in attendance." REPORTS REPORTS 19. A. City Attorney - Anthony A. Garganese, Esquire No Report. REPORTS 20. B. City Manager - Ronald W. McLemore Regarding a proposed Goal Setting Workshop, discussion ensued on possible dates. With consensus of the City Commission, it was agreed that this 2-part Workshop would be held on March 18,2003, beginning at 6:30 p.m. and March 19,2003, also commencing at 6:30 p.m. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 24, 2003 PAGE 18 OF 20 Secondly, Manager McLemore stated that in regards to the Budget Calendar that had recently been approved, the proposed date of May 26, 2003 is a holiday and with the other dates scheduled, this Workshop would not be needed. REPORTS 21. C. City Clerk - Andrea Lorenzo-Luaces City Clerk Andrea Lorenzo-Luaces City Commission brought up issues concerning the City Commission Directives Masterlist and asked for some direction. Mayor Bush stated, "What I recommended is that they never be taken off, they do not have to be printed out, but I think we need to have a record that they existed there at one time without her having to keep multiple copies." Furthermore, Mayor Bush suggested, "My recommendation is they stay on there but she deletes them from printing once they are completed; then they can be identified as being completed, so anytime she can produce a list of completed items upon the Commission's request." Commissioner Blake suggested, "I would like to request we just not put it on paper and put it on line." Mayor Bush agreed with putting it on line. With further discussion, Mayor Bush summarized, "On line, and quit printing it, and including all things even if they are completed - I think is the way I am reading everybody." REPORTS 22. D. Commission Seat One/Deputy Mayor - Robert S. Miller Absent. REPORTS 23. E. Commission Seat Two - Michael S. Blake Commissioner Blake spoke of the comments made earlier this evening by Ms. Lurene Lyzen and stated, "I think we need to take another look at it and have Staff help us with this. I am not suggesting we change what our intent is. I am recommending we clarify it to help streamline the Code Enforcement process and make sure everybody understands what works, and what doesn't." Manager McLemore was asked when this could come back to the City Commission and he stated, "Sixty (60) days." Mayor Bush added, "Second Meeting in April- or sooner." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 24, 2003 PAGE 19 OF 20 REPORTS 24. F. Commission Seat Three - Edward Martinez, Jr. Commissioner Martinez asked, "What is the status of the Fire Contract." Manager McLemore stated, "We are still waiting on a response from the Union." Secondly, Commissioner Martinez asked about the Paratransit issue, and stated, "I am going to ask for a reconsideration being that the Commissioner was in the negative side oftms vote, the last time up." Furthermore, Commissioner Martinez said, "I am going to ask for a reconsideration ofthis issue when we come back the next time up." REPORTS 25. G. Commission Seat Four - Sally McGinnis Commissioner McGinnis commented on her concern with on-street parking. Manager McLemore explained that "We are waiting on some work to be completed." Commissioner McGinnis added, "I want an update on it." Furthermore, Commissioner McGinnis said, "I would like to know then what you have talked about; how complicated is this; how long you think this will take; is it practical?" Manager McLemore stated, "We are going to need to establish a Workshop on this when we get through with our work." Mayor Bush suggested, "A Workshop in August on this." Tape 3/Side B .:..:. THE FOLLOWING REPORT WAS DISCUSSED NEXT AS DOCUMENTED, FOLLOWED BY THE REMAINING REPORTS. .:. .:. REPORTS REPORTS 24. F. Commission Seat Three - Edward Martinez, Jr. Commissioner Martinez asked about the results of a police inspection of the truck tracks near the Borrow Pit which was brought up under Public Input. Mayor Bush stated, "I asked him and he basically said that he thought - it was the County. The County was doing some grading back there and they laid some sod." Mayor Bush added, "Maybe the Chief can check with her." REPORTS 26. H. Commission Seat Five - David W. McLeod Commissioner McLeod asked Manager McLemore, "Are you bringing back your request for us to look at, that you should have had here in November?" CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 24, 2003 PAGE 20 OF 20 Secondly, Commissioner McLeod commented on the City Commission Directives Masterlist and remarked that many entries on the list did not have any dates. Mayor Bush added, "I think everybody needs to do that. When you make a request of Staff, you say I would like to have that and when." With discussion on several other suggestions for the City Commission Directives Masterlist, Mayor Bush pointed out that "Commissioner Martinez said that may be one of the things we can address during out Goal Setting." Commissioner Martinez added, "For an hour." Mayor Bush added, "We'll talk about it in a little more detail and maybe Ron [McLemore] and Andrea [Lorenzo-Luaces] can get together and talk about it too." REPORTS 27. I. Office Of The Mayor - John F. Bush Mayor Bush stated that a Directive related to a list of deceleration lanes has been started. Secondly, Mayor Bush said that related to the Villagio project, "Putting in a deceleration lane at the time of construction would save the City anywhere from twenty to thirty thousand dollars" and spoke of possibly seeing if it is permitted. Furthermore, Mayor Bush stated, "It just appears to me that if the Commission believes that a deceleration lane is a worthwhile thing, then we should certainly consider doing it at the time of construction" at Villagio. Regarding the sample "Key to the City," as there was no opposition to the proposed "Key to the City," Mayor Bush said that these will be ordered. A cake was then presented to Commissioner McLeod in honor of his Birthday. ADJOURNMENT Mayor Bush adjourned the Meeting at 10:50 p.m. "'L~' 'PECTFULLY SUBMITTED: L NZO-LUACES, CMC ~-~" ""' ...._.~, ~A:--:" f' ","~' ." ~ T:i'D;;~ c ~/ ' : VV,~7,_ :,c~;::,' .....'C -=-~. . -r -, -e~' ~- r:" ~" .... T ~~ :P -~." ~ .' . ~ . , ~.. ,~ NOTE: 'l~e3c'Minutes were approved at the March 10, 2003 Regular City Commission Meeting. J ._,,"