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HomeMy WebLinkAbout2005 04 25 Consent 208, City Commission Regular Meeting Minutes April 11, 2005 CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING APRIL 11, 2005 CALL TO ORDER The Regular Meeting of Monday, April 11, 2005 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 Michael S. Blake, present Commissioner Robert S. Miller, present Commissioner Donald A. Gilmore, present Commissioner Sally McGinnis, present Commissioner Joanne M. Krebs, present City Manager Ronald W. McLemore, present City Attorney Anthony A. Garganese, arrived at 6:50 p.m. After a moment of silence, Mayor Bush led the Pledge of Allegiance. Mayor Bush stated, "Under "Agenda Changes" on the Consent Agenda Item '204', the Manager wants to have that Item handled separately." .:..:. AGENDA NOTE: THE FOLLOWING PRESENTATION TOOK PLACE, UNDER "AWARDS AND PRESENTATIONS" AS DOCUMENTED, AND WAS FOLLOWED BY "PUBLIC INPUT". .:..:. AWARDS AND PRESENTATIONS Mayor Bush presented Resolution Number 2005-14 to Mr. Michael Schrimsher expressing the City Commission's appreciation during the Hurricanes of 2004. Mr. Schrimsher said, "This also involved the cooperation of the farmer that we leased the land to for cattle operations. He had to be inconvenienced as well and was willing to do that. I accept this on behalf of our Company - we were glad to do it. I know we spent many hours here in this room, hashing out a lot of things in the City of Winter Springs, and the Commission and Mayor have done their part to represent the citizens, and I have tried to do my part to represent our company, our partners, but I think we've had the common ground to do what's best for the City through it all - it's been good working with you, and I appreciate this." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 11,2005 PAGE 2 OF 23 PUBLIC INPUT Ms. Jeanne Walker, 1205 Trotwood Boulevard, Winter Springs, Florida: suggested changes to the Fence Ordinance. Discussion. Commissioner Joanne M. Krebs said, "Perhaps, we in fact should provide a sheet or something, or we educate those people at the desk to really understand or help the consumer understand what we need them to know." City Manager Ronald W. McLemore stated, "The best way to do this is amend the Ordinance and make it clear in the Ordinance, and we can do that." Ms. Walker noted she had more points to make. Mayor Bush then said, "Can you just leave them with us and we will make sure the Commissioners all get copies." Ms. Walker stated, "Okay." Commissioner Sally McGinnis said, "Until we amend the Code, which I hope we do, Ron [McLemore], can you just ensure that the people at the desk are aware of this?" Manager McLemore said, "Sure." Ms. Laura Grant, 1067 Winding Waters Circle, Winter Springs, Florida: extended an invitation to the upcoming "Community 5K For A Cure" Event on Sunday, April 17th [2005] which is being held at Central Winds Park. Ms. Grant spoke of their successes, and mentioned sponsorships, donations, and volunteers. City Attorney Anthony A. Garganese arrived at 6:50 p.m. Mr. Edward Martinez, Jr., 205 Little Creek Lane, Winter Springs, Florida: spoke of fence issues; Section 9-3. of the City's Code of Ordinances; and Variance issues. Mayor Bush recognized and welcomed former City Commissioner Edward Martinez, Jr. CONSENT AGENDA CONSENT 200. Police Department Requesting The Expenditure Of $27,172.00 From The Police Education Fund To Acquire One Replacement Police Vehicle And Replacement Equipment Trailer For Department Training Division. No discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 11, 2005 PAGE 3 OF 23 CONSENT 201. Public Works Department - Urban Beautification Division Requesting Authorization To Enter Into A Contract Agreement For Landscape Maintenance Services For The Winter Springs Town Center. Commissioner Donald A. Gilmore asked, "With us canceling the Contract with the existing Contractor, are we going to have any legal problems on that?" Mr. Kip Lockcuff, P.E., Director, Public WorkslUtility Department said, "The Agreement has notification provisions, which were followed." Commissioner Gilmore said, "So, we are clear - on it." Mr. Lockcuff said, "Yes." Deputy Mayor Michael S. Blake asked, "Kip [Lockcuff], - since the new Contract is at a higher price, do we have any recourse going back to the original Contractor for the cost differential?" Mr. Lockcuff said, "Not that I'm aware of." Attorney Garganese said, "I can take a look at that issue and get back to the Commission on that." CONSENT 202. Finance Department Requesting That The City Commission Adopt Resolution Number 2005-15, Establishing A Credit Card And Pin-Less Debit Card Acceptance Policy As Well As Approve Execution Of The Attached Contract With Official Payments Corporation. Commissioner McGinnis said, "For every charge - transaction under five hundred dollars ($500.00), is charged a fee of six [dollars] fifty [cents] $6.50? Is that correct?" Ms. Michelle Greco, Director, Finance Department said, "Correct." Commissioner Gilmore then said to Ms. Greco, "We still have the debit that's automatically taken out?" Ms. Greco said, "Yes, Sir. Currently, we have the option where you can go online to initiate the transaction. We have another method where you sign up for bank drafting where the City initiates the transaction and this would be yet another option of payment - the credit card where you, the customer, would initiate the transaction by calling the credit card company, paying your fee, and then we would get it forty-eight (48) to seventy-two (72) hours later." Commissioner Gilmore said, "But, there is no charge for the automatic every month, the debit on your account?" Ms. Greco said, "That is correct." Commissioner Gilmore stated, "It would be nice if when we notify the citizens of this policy here, we also indicate that we have the option that they can sign up for a monthly debit on their account at no charge." Ms. Greco said, "Okay. I will notate that." Discussion. CITY OF WINTER SPRINGS, FWRIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 11, 2005 PAGE 4 OF 23 CONSENT 203. Community Service Department - Arbor Division Updating The City Commission On The Progress Of Our Annual Arbor Day Celebration To Be Held On April 30, 2005 And Is Also Requesting The City Commission To Authorize A Supplemental Appropriation In The Amount Of $5,000.00 From The Arbor Fund To Account 110-54685 For Funding Of Arbor Day. Commissioner McGinnis stated, "I am assuming we are going to, as we always do, put this on the Water Bill and we will put it on the Website. But in addition to that, are we going to have Banners or how are we going to let the Community know about this gala?" Mr. Michael Mingea, ArboristlEnvironmental Inspector, Community Development Department noted that "We would like to invite the Mayor to hopefully come and preside over this particular event." Commissioner Krebs asked, "Can we put something on the W ebsite regarding the types of trees that we would like to be replanting in Winter Springs?" Mr. Mingea said, "We could do that." Commissioner Krebs said, "I think that would be really helpfu1." Commissioner Krebs added, "And, I really think that it would be helpful to have something - type of education on our 'Sites'." Mr. Mingea said, "We can make some recommendations." Commissioner Krebs then said, "Will you be handing out education on Code Violations, or anything like that, at this event?" Mr. Mingea said, "We have a new one [brochure] now we are working on that I believe can be in print and ready." Commissioner Gilmore said, "I would certainly like to see us come in with some kind of information to the people which Commissioner Krebs got, and I think we ought to put a date as to when we are going to have it and what type of information it will be - on tree maintenance, proper trees, where to plant them, and all of that. We have lost a lot of trees during the Hurricanes, and we are now back saying - 'Let's replant all these trees', but we are not educating the public." Mr. Mingea said, "I agree with that." CONSENT 204. Public Works Department Requests The City Commission Validate The Staff Recommendation Finding S.R. (State Road) 434 Retail Center (Villagio) Built In Substantial Accordance With The Final Engineering Plans And To Accept The Potable Water And Sanitary Sewer Infrastructure For Ownership And Maintenance. As stated under "Agenda Changes", Mayor Bush said that, "The Manager wanted to discuss '204'..." Manager McLemore said, ". ..Pull that off for separate action." Mayor Bush stated, "Pull '204' off." CITY OF WINTER SPRINGS, FWRIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 11, 2005 PAGE 5 OF 23 CONSENT 205. Office Of The City Clerk Requesting Approval Of The March 28, 2005 Regular Meeting Minutes. No discussion. CONSENT 206. Information Services Department MOVED FROM THE INFORMATIONAL AGENDA Requests Authorization To Dispose Of Surplus Assets According To The Attached Disposition Sheets. "MOTION TO APPROVE CONSENT AGENDA WITH - EXCEPTION OF '204'." MOTION BY COMMISSIONER MILLER. SECONDED BY DEPUTY MAYOR BLAKE. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE DEPUTYMAYORBLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. INFORMATIONAL AGENDA INFORMATIONAL 300. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. Commissioner Gilmore said, "It would be nice to look at a map that shows all these projects in the Town Center." Commissioner Gilmore added, "It would be nice to have an attachment that shows the Town Center in a map." Mr. John Baker, AICP, Senior Planner, Community Development Department said, "Yes, Sir." Commissioner Gilmore then noted, "Just the whole Town Center area." Commissioner McGinnis remarked, "In addition to. . ." Commissioner Gilmore said, "... Yes." CITY OF WINTER SPRINGS, FWRIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 11,2005 PAGE 6 OF 23 Discussion ensued on the Miranda Development Agreement. Deputy Mayor Blake said to Manager McLemore, "Miranda - it appears that the Development Agreement has expired." Deputy Mayor Blake said, "Has it or hasn't it? And if so, what does that mean?" Manager McLemore said, "That means he has no entitlements on the lot at this time." Deputy Mayor Blake asked, "What do we expect is going to happen there?" Manager McLemore said, "Weare going to send him a letter letting him know about that and then we are going to bring back an action to you requesting you to authorize us to publish that in the Public Record." Attorney Garganese said, "If you recall, the Development Agreement required that Mr. Miranda substantially complete construction of the project within two (2) years of the Development Agreement being approved by the Commission. As you can see out there, there hasn't been any construction that has commenced on the project, so under - just the expressed terms in e.f the Development Agreement, the Development Agreement terminates." Deputy Mayor Blake said, "This is the end of the second quarter of 2005, I know we are busy, but we need to find some way to better monitor these things that expire so that it is more clear to everybody who has what rights, when and how." Deputy Mayor Blake said, "If it's a Development Agreement that is going to expire under one of our laws, I think we ought to be tracking it and we ought to know what is going on, a little more closely as well..." Attorney Garganese stated, ".. . Agreed. " Deputy Mayor Blake added, "It is just one of those things where we need to better track these things." With discussion, Manager McLemore said, "Does the Commission desire at this point in time to provide them an extension? And then if you tell us to publish that in the 'Record' that in effect will be your indication that you have no interest." Tape I/Side B INFORMATIONAL 301. Community Development Department - Planning Division Wishes To Provide The Commission With Copies Of New And Updated Planning Applications And Procedures. Brief discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 11, 2005 PAGE 7 OF 23 INFORMATIONAL 302. Community Development Department Responding To A City Commission Directive To Investigate The Ability To Waive The Handicap Accessible Parking Space Requirement For Small Commercial Sites With A Limited Number Of Parking Spaces. With discussion, Commissioner Robert S. Miller remarked, "It says, "Building structures or facilities that were in existence on October the 1 st, 1997 can get an Exemption, unless - and then it gives these things in here - being converted from Residential or Non- Residential to Mixed-Use. 1 think we need to look at this." With further discussion, Commissioner Miller added, "I would appreciate if you take a look at this - or we need to start notifying these owners." With discussion on the wording related to "Seeing a modification - with the Florida Building Commission..." Commissioner McGinnis asked, "... Can we continue to look into that and find out?" Attorney Garganese said, "I can take a look at that." Attorney Garganese added, "It may be one of those issues you might want to ask the Attorney General for some direction." Discussion ensued on waiving the handicap requirements. Deputy Mayor Blake commented, "But my question was - 553.512. - where it does talk about the next step if a local government does not provide for a 'Waiver'. We have a 'Waiver' process in place." Attorney Garganese said, "It applies. 1 agree with you." Discussion. Manager McLemore said, "I'm curious about Section '(b)' under 553.507. - have we examined that Section '(b)' - the Appeals process?" Mr. Baker said, "I have not researched that." Attorney Garganese stated, "I'd have to look at that." Deputy Mayor Blake said, "Mayor, 1 would recommend we wait to take any further action on this unless there is an Application at some time, from an affected property owner." Mayor Bush stated, "Okay." INFORMATIONAL 303. Fire Department Requests That The City Commission Review The City Of Winter Springs Employee Blood Drive Information To Be Held At The Winter Springs Branch Of Florida's Blood Centers, 268 East SR (State Road) 434. Brief discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 11,2005 PAGE 8 OF 23 INFORMATIONAL 304. Information Services Department MOVED TO THE CONSENT AGENDA Requests Authorization To Dispose Of Surplus Assets According To The Attached Disposition Sheets. Moved to the Consent Agenda. INFORMATIONAL 305. Public Works Department Providing The City Commission With Information On Property Appraisals. With discussion, Deputy Mayor Blake spoke on the area between 'D' and 'c' and said to Mr. Lockcuff, "Are those actually platted that way? Those are - actual lots that are platted, or are those just lines we drew?" Mr. Lockcuff said, "Wetland lines more than anything else - potential parcels." Deputy Mayor Blake then said, "Has that lot been divided once already?" Commissioner Krebs asked, "I was wondering if we could divide them again?" Manager McLemore said, "I don't know." Deputy Mayor Blake then stated, "You might want to consider that." Commissioner Miller said, "Commissioners, I would just like to put on the Record that in regards to 'A' and 'B', 1 would like to see that converted to park space at some point in the future." INFORMATIONAL 306. Utility Department Advising The City Commission With A Proposed Third Developer Agreement Modification For Barrington Estates. With discussion of Easements, Deputy Mayor Blake stated, "You might want to pull that out and take another look at it because 1 believe that - ten foot (10') Easement was put in place to not allow utilities to cross it." Mr. Lockcuff said, "That was part of the Development Agreement." INFORMATIONAL 307. Public Works Department - Urban Beautification Division Providing The City Commission With Information Regarding Patriotic Banners For The Town Center. No discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 11, 2005 PAGE 9 OF 23 INFORMATIONAL 308. Fire Department And Finance Department Wish To Update The City Commission On The Status Of Reimbursements Submitted To The Federal Emergency Management Agency (FEMA) And The State Of Florida Regarding The 2004 Hurricanes: Charley, Frances And Jeanne. With discussion on reimbursements, Manager McLemore said, "We started that process right from the beginning and our Staffhas stayed right on top of it, and that's the reason 1 think we're probably a little bit ahead." Manager McLemore added, "Thank you. Both of you [Ms. Greco and Ms. Kelly Balagia, Budget Analyst, Finance Department]. Commissioner Miller said, "I would just like to make sure we keep track of the interest payment." Commissioner Miller added, "I would just like to know sometime in the next couple of weeks what the interest impact is on these delayed FEMA [Federal Emergency Management Agency] payments." Discussion. INFORMATIONAL 309. Public Works Department Advising The City Commission That The Public Meeting On The Installation Of Sidewalks On Northern Way, Shetland Avenue And Dyson Drive Is Scheduled For April 21 st [200S]. With discussion, Mr. Lockcuff stated, "Here is the letter going out tomorrow unless you have any questions - and you will have a future Commission Agenda Item with the input from the public to make a final determination." "MOTION TO APPROVE THE 'INFORMATIONAL' [AGENDA]." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE DEPUTYMAYORBLAKE: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 11, 2005 PAGE 10 OF 23 .:..:. AGENDA NOTE: THE FOLLOWING CONSENT AGENDA ITEM WAS DISCUSSED NEXT, AS DOCUMENTED, FOLLOWED BY THE REST OF THE AGENDA. .:..:. CONSENT AGENDA CONSENT 204. Public Works Department Requests The City Commission Validate The Staff Recommendation Finding S.R. (State Road) 434 Retail Center (Villagio) Built In Substantial Accordance With The Final Engineering Plans And To Accept The Potable Water And Sanitary Sewer Infrastructure For Ownership And Maintenance. A presentation was shown to those in attendance by Mr. Lockcuff, who stated, "Staff basically required that this portion, which is the - western property line, this is looking south - this is the building to the West, to the East - that this be aesthetically pleasing and that the remainder - adjacent to the wetlands can be black vinyl chain link which it is. It all got built with black vinyl chain link. I don't have a problem with it, I don't think we as Staff have a problem with it, if you are comfortable with it." Manager McLemore stated, "However, I personally don't have a problem with it, even though those are my notes, if the Commission is comfortable with it." Mr. Allen Mackerly, McGaha, LLe, 4986 Courtland Loop, Winter Springs, Florida: addressed the City Commission on this project. Discussion. Attorney Garganese said, "Will you be issuing Certificates of Occupancy before the legal descriptions are done?" Mr. Lockcuff said, "Well, as I read your email today, I don't know whether we can do that based on the Development Agreement." Mr. Mackerly said, "Really my request tonight if we can, just go ahead and see the entire site and then allow me to come back with the Surveyors' descriptions plotted for you - I'd like to be able to move Trustco Bank in and follow up within a week, give me seven (7) days - give me ten (10) days and I'll have..." Attorney Garganese said, "...The 'Legals'." Mr. Mackerly added, "Yes." Tape 2/Side A With further discussion, Mr. Mackerly stated, "I'll have the Surveyors out there tomorrow morning taking the documentation." Attorney Garganese then said to Mr. Mackerly, "Sign those documents and then maybe return them to City Hall..." Mr. Mackerly said, "...Tomorrow morning, or would you like to see them?" Attorney Garganese stated, "Tomorrow morning will be fine." Mr. Mackerly remarked, "Okay." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 11, 2005 PAGE 11 OF 23 "MOVE TO APPROVE." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER MILLER. DISCUSSION. DEPUTY MAYOR BLAKE ASKED, "CAN WE GET SOME CLARIFICATION ON EXACTLY WHAT WE ARE DOING HERE BECAUSE SEVERAL ITEMS WERE DISCUSSED." MAYOR BUSH ADDED, "THE STAFF RECOMMENDATION IS, I THINK WHAT BASICALLY COMMISSIONER McGINNIS' MOTION WOULD COVER, RECOMMENDS THAT 'CITY COMMISSION VALIDATE THE STAFF RECOMMENDATION FINDINGS S.R. [STATE ROAD] 434 RETAIL CENTER' - 'BUILT IN SUBSTANTIAL ACCORDANCE WITH THE FINAL ENGINEERING' - 'SECTION 9-178., AND' - TO 'ACCEPT THE POTABLE WATER AND SANITARY SEWER INFRASTRUCTURE FOR OWNERSHIP AND MAINTENANCE'." MR. LOCKCUFF SAID, "SUBJECT TO THE DUMPSTER GATE REPAIRS, SUBJECT TO SIGNING THE EASEMENTS AND I'M NOT SURE WHERE YOU LANDED ON THE FENCE, SO SUBJECT TO ACCEPTING THE CHAIN LINK ON THE WESTERN BORDER." COMMISSIONER McGINNIS SAID, "I'LL AMEND THAT - SUBJECT TO THE THREE (3) CONDITIONS PUT FORTH BY KIP [LOCKCUFF]." AMENDMENT TO THE MOTION BY COMMISSIONER McGINNIS. COMMISSIONER McGINNIS ADDED, "INCLUDING THE FENCE." MAYOR BUSH SAID, "DUMPSTER, EASEMENT AND THE FENCE." MAYOR BUSH STATED, "AMENDED MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER KREBS." DISCUSSION. VOTE: (ON THE AMENDMENT) COMMISSIONER GILMORE: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. VOTE: (ON THE MOTION, AS AMENDED) DEPUTY MAYOR BLAKE: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 11,2005 PAGE 12 OF 23 Mayor Bush remarked, "You will be getting a hold of Trustco Bank?" Mr. Mackerly said, "Yes." Mr. MackerlY commented, "Am I to understand that what just happened is that we're okay from a legality standpoint, that I can move forward and allow them to go for Certificate of Occupancy and I'll follow up with those things; or still can't move forward until I do those things?" Attorney Garganese stated, "The Easements, you can't move forward until we receive the signed Easements..." Mr. Mackerly said, "... These?" Attorney Garganese noted, "Right." PUBLIC HEARINGS AGENDA None. .:..:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS DISCUSSED NEXT, IN THE ORDER AS DOCUMENTED, FOLLOWED BY THE REST OF THE AGENDA. .:..:. REGULAR AGENDA REGULAR 505. Community Development Department - Planning Division Requests That The City Commission Make A Determination As To Whether Section 20-261. Of The Code (Conditional Uses In The "1-1, Light Industrial" District Should Be Amended To Include Vehicle Repair (Including Body Repairs And Painting) Provided That All Activity Shall Be Conducted Within A Completely Enclosed Building. Mr. Randy Stevenson, AICP, Director, Community Development Department presented this Agenda Item. Discussion. Commissioner McGinnis spoke for the Record on the principles related to this issue. Mr. Roger Owen, Owner and General Manager of the property, 532 South Econ Circle, Suite 160, Oviedo, Florida: addressed the City Commission and stated, "Yes everything will be done inside. We've done this prior to even coming to the City. Number two, I would put a stockade fence out to encompass the existing property; so that any cars that were kept there overnight or two (2) or three (3) days waiting for parts to come in, would be hidden from general view from the public." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 11, 2005 PAGE 13 OF 23 Furthermore, Mr. Owen explained, "We plan to not only do some extensive remodeling and repainting and redecorating with the property, we're putting all new grass in and some new shrubbery up and down the street." Mr. Robert Sajker, 3175 Open Meadow Loop, Oviedo, Florida: spoke of his proposed Body Shop and various issues related to permitting. Mayor Bush called a recess at 8:32 p.m. The Meeting was called back to order by Mayor Bush at 8:46 p.m. Note: During this timeframe, there were technical difficulties related to the audio portion of this part of the Meeting. Attorney Garganese said, "Apparently, the immediate concern of the property owner is to install the equipment. Under normal circumstances, the installation of the equipment triggers building permit review. The Building Department will look and see whether the proposed use is consistent with the City Code. In this case, the Building Department would say it's not consistent with the City Code. One way to address this, and, of course, all the risk is on the Property Owner - the City by Development Agreement could at least authorize the installation of the equipment pending a change in the Zoning Code and 'Conditional Use', if we even get that far, but the risk is on the Property Owner, not the City. If you were to go ahead and just authorize just the installation of the equipment, the Property Owner would need to understand that the Use could not commence until such time as the City progressed through the change in Zoning. Probably if the change in Zoning requires a 'Conditional Use' then we would also have to get the 'Conditional Use' approval before the Use commences. " Discussion. "I THINK WE NEED TWO (2) MOTIONS. THE FIRST ONE WILL BE TO DIRECT STAFF TO - CRAFT A REVISION TO THE DEVELOPMENT CODE ORDINANCE SECTION 20-261. TO ALLOW AN AUTO REPAIR FACILITY INCLUDING BODY REPAIRS AND PAINTING AS A 'CONDITIONAL USE' WITHIN THE '1-1' ZONING DISTRICT; FORWARD IT TO P & Z [PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY] BOARD NEXT WEEK AND HAVE IT COME BACK TO US AS SOON AS POSSIBLE FOR A PUBLIC HEARING AND POSSIBLE APPROVAL." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER KREBS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 11,2005 PAGE 14 OF 23 VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. "SECONDLY, I WOULD LIKE TO AUTHORIZE THE CITY MANAGER AND THE ATTORNEY TO JOINTLY WORK WITH THE SOON TO BE APPLICANT, I THINK, ON A DEVELOPMENT AGREEMENT AUTHORIZING THE INSTALLATION OF - ARE WE JUST TALKING ABOUT THE PAINT BOOTH HERE OR IS THERE OTHER EQUIPMENT AS WELL..." MR. SAFKER STATED, "THERE IS COMPRESSOR SYSTEMS..." DEPUTY MAYOR BLAKE CONTINUED, "...TO DEVELOP THE DEVELOPMENT AGREEMENT TO ALLOW THE INSTALLATION OF THE EQUIPMENT MACHINERY TYPICALLY USED IN THE AFOREMENTIONED AUTO REPAIR TYPE BUSINESS WITH THE CLEAR UNDERSTANDING THAT THERE IS NO ASSURANCE THAT THE ZONING LAW AUTHORIZING THE OPERATION OF SUCH WILL EVER COME INTO BEING - AND AUTHORIZES THE ISSUANCE OF ANY RELATED BUILDING PERMITS FOR THOSE INSTALLATIONS PURSUANT TO THE DEVELOPMENT AGREEMENT." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Attorney Garganese asked, "One point of clarification, is the Manager authorized to sign that Development Agreement?" Deputy Mayor Blake said, "Yes." CITY OF WINTER SPRINGS, FWRIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 11,2005 PAGE 15 OF 23 REGULAR 500. Public Works Department Presenting Winter Springs Boulevard Preliminary Engineering Study And Pavement Evaluation Report. Tape 2/Side B Mr. Fursan Munjed, P.E., Professional Engineering Consultants, Inc., 200 East Robinson Street, Suite 1560, Orlando, Florida: spoke to the City Commission regarding Winter Springs Boulevard. Discussion. Commissioner Krebs said, "You made mention about removing trees. How many trees are you talking about, where are they located, and what type are they?" Mr. Munjed said, "I believe they are in the median and there are about three (3) locations. What I could do is I could take photos and bring them in." Commissioner Krebs asked, "What kind were they?" Mr. Munjed said, "I want to say they are Pine Trees." Commissioner Krebs asked, "Are they specimens?" Mr. Lockcuff said, "A couple of them are right behind the curb and the roots pop up." Mr. Lockcuff said, "What we owe you is then - the Final Report and come back budgetarily - of the $2.4 million [dollars] we need to segregate how much is for actual reconstruction generally the thinking of the original one cent (1~) was that would be limited to the reconstruction, discussions early on that the milling and resurfacing would not be reconstruction so we have to evaluate how much of that $2.4 million [dollars] would come out of the one cent (1~) and what else we have available, basically the Local Option Gas Tax for some of the rest." Mr. Lockcuff added, "I hope to have that back to you within thirty (30) days." Commissioner Gilmore asked, "Is there washboarding on that road now, let's say on the east end?" Mr. Munjed said, "I can look into that, Commissioner." Commissioner Gilmore explained, "I see that occurring down on the flat section, the low section of the east end of it and I am starting now to see the potholes developing up - on the west end of it." Discussion. Mayor Bush asked, "Will the time frame be coming back on this once you know the costs?" Mr. Lockcuff said, "Yes." Mr. Lockcuff added, "I can tell you we don't have $2.4 million [dollars] to fix it all at once, so it going to have to be programmed over some timeframe." Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL I 1,2005 PAGE 16 OF 23 Mayor Bush asked, "Can we have a Motion to adopt the Preliminary Report." "SO MOVED." MOTION BY COMMISSIONER MILLER. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER McGINNIS." DISCUSSION. VOTE: DEPUTY MAYOR BLAKE: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. REGULAR 501. Public Works Department Requesting To Enter Into Contractual Agreement With Ranger Construction Industries, Incorporated And Appropriation Of Funds To Pay For Street Resurfacing. Mr. Lockcuff presented this Agenda Item and displayed a map and spreadsheet of related costs. Discussion. "MOTION TO APPROVE ITEM '501'." MOTION BY COMMISSIONER MILLER. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER GILMORE." DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE DEPUTYMAYORBLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. REGULAR 502. Not Used. REGULAR 503. Finance Department Requests That The City Commission Adopt Resolution Number 2005-10 Amending The FY (Fiscal Year) [20]05 Budget. Ms. Greco presented her opening remarks. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 11,2005 PAGE 17 OF 23 With discussion, Commissioner Miller noted, "I think there must be some way to represent this - to reformat it, so that it is easy enough for a layman like myself to follow." Discussion. Furthermore, Commissioner Miller suggested, "We need to put some asterisk or some numbers on here that says this is what this number reflects." Discussion. Manager McLemore said, "If you'll come in, we would be happy to sit down with you and do that." Commissioner Miller then said, "You may just put some footnotes on it that just explains where some of these numbers came from and what the dates are on them." Deputy Mayor Blake added, "Since it is so complicated and so important this is probably one of those areas that it makes sense to have some individual meetings with the Manager, with the Finance Staff, our Budget Specialist, specifically to go over these kinds of questions, prior to the 'Item' coming up on the Agenda." Commissioner McGinnis stated to Ms. Greco and Ms. Balagia, "I thought you did a really good job." "MOTION TO ADOPT RESOLUTION 2005-10 AMENDING FY [FISCAL YEAR] [20]'05 BUDGET." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: NAY COMMISSIONER McGINNIS: AYE MOTION CARRIED. REGULAR 504. Office Of The City Manager Requesting The City Commission To Review Information Regarding The City Manager's Annual Evaluation In Performance Year "9", November 1, 2003 Through October 31, 2004, And To Take Action It Deems Appropriate. Manager McLemore introduced this Agenda Item. Discussion. Tape 3/Side A Much discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 11, 2005 PAGE I80F23 Tape 3/Side B With discussion, Deputy Mayor Blake said to Manager McLemore, "If you receive an increase tonight, do you expect it to be retroactive?" Manager McLemore stated, "Yes I do." Deputy Mayor Blake then inquired of Manager McLemore, "When do expect it to be retroactive to?" Manager McLemore responded by saying, "The period of time we agreed to - and that is back to the beginning of that performance year." Discussion ensued on when the maximum four percent (4%) performance rate took place and contributions to the City's Retirement Fund. "I WOULD LIKE TO MAKE A MOTION THAT WE MAKE A TEN THOUSAND DOLLAR ($10,000.00) SALARY INCREASE." MOTION BY COMMISSIONER GILMORE. MOTION DIED FOR LACK OF A SECOND. "I WOULD LIKE TO MAKE A MOTION THAT WE GIVE THE CITY MANAGER EIGHT PERCENT (8%) SALARY INCREASE BASED ON HIS TOTAL REMUNERATION OF ONE HUNDRED FIFfY-FOUR THOUSAND DOLLARS ($154,000.00) WHICH IS EQUATED TO TWELVE THOUSAND THREE HUNDRED TWENTY DOLLARS ($12,320.00) MORE A YEAR." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER McGINNIS: NAY DEPUTYMAYORBLAKE: NAY COMMISSIONER KREBS: NAY COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION DID NOT CARRY. "I'M PREPARED TO MAKE A MOTION THAT WE GIVE RON [McLEMORE] A SIX PERCENT (6%) RAISE BASED ON TOTAL COMPENSATION WITH THE STIPULATION THAT NEXT NOVEMBER HE PUTS IN - HIS REVIEW ON TIME." MOTION BY COMMISSIONER McGINNIS. CITY OF WINTER SPRINGS, FWRIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 11, 2005 PAGE 19 OF 23 MAYOR BUSH STATED, "THE SIX PERCENT (6%) IS CONTINGENT UPON A REVIEW BEING ON TIME..." COMMISSIONER McGINNIS STATED, "...NO." COMMISSIONER KREBS ASKED, "ARE YOU PUTTING THAT ON THE CAR ALLOWANCE AND THE OTHER TWO..." COMMISSIONER McGINNIS SAID, "...TOTAL." MAYOR BUSH NOTED, "THE MOTION - SIX PERCENT WHICH IS AN INCREASE IN TOTAL COMPENSATION - NINE THOUSAND TWO HUNDRED FORTY DOLLARS ($9,240.00)." SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: NAY COMMISSIONER McGINNIS: AYE MOTION CARRIED. "MOTION TO CONTINUE." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION VOTE: COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: NAY COMMISSIONER KREBS: AYE MOTION CARRIED. REPORTS REPORTS 600. Office Of The City Attorney - Anthony A. Garganese, Esquire Attorney Garganese said, "You need to be aware that the County Commission will begin considering Appointments to the Charter Review Commission which will be required by the County Charter to seek the members of that Committee twelve (12) months prior to the 2006 General Election." Attorney Garganese added, "I think they have some historical information on the Website on - how they have appointed members of that Committee. So, that's going to be a very important - to pay attention to." CITY OF WINTER SPRINGS, FWRIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 11, 2005 PAGE 20 OF 23 Secondly, Attorney Garganese noted, "I just need to report in the Case of Patchen v. Dave McLeod and the City of Winter Springs - our Motion to dismiss the Second Amended Complaint issued a two (2) page Order - there were several defects in their Complaint; also they made some other rulings that are worth noting. Today, we received Notice from Attorney Mike Jones." Further Attorney Garganese explained, "The good news is we did prevail and the Case was dismissed." REPORTS 601. Office Of The City Manager - Ronald W. McLemore Manager McLemore said, "Just want to let you know that we did file with your Solid Waste Contractor. The language for the new Franchise Agreement and the demand letter - by certified mail last week. We have not gotten a response yet." Next, Manager McLemore remarked that "I did copy you, I believe, on the parking issue that I sent to the Principal of the school. I have not heard back yet from them." Discussion. Manager McLemore added, "I also did send a letter to the Superintendent relative to concerns they have had about development and impact on the school relative to these students and basically pointing out that the data continues to grow demonstrating that the Town Center - does not generate a lot of use to school students and that to share with him information based on the kind of impacts of the proposed development." Discussion. REPORTS 602. Office Of The City Clerk - Andrea Lorenzo-Luaces No Report. REPORTS 603. Commission Seat Four - Sally McGinnis Commissioner McGinnis said, "The [State Road] 434 enhancement known as 'Village Walk' is moving along very nicely. In fact, soon it is going to be finished and very beautiful, surrounded by dumpsters, trash receptacles, so I'm hoping that we can get those big dumpsters off the street soon." Next, Commissioner McGinnis added, "I went to the Board of Adjustment [Meeting] the other night, but there had been a couple of examples recently of Staff in the front - inadvertently giving wrong information - wrong confusing signals, so I think - we have had new Ordinances - to make sure everyone understands that." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 11,2005 PAGE 21 OF 23 REPORTS 604. Commission Seat Five - Joanne M. Krebs With discussion on the Tuskawilla Office Park, Commissioner Krebs asked, "What is going on there?" Manager McLemore said, "We don't really know. I think it's in Foreclosure. We'll see if we can see ifthere has been a Foreclosure action." REPORTS 605. Office Of The Mayor - John F. Bush Mayor Bush mentioned that last week he had met with the Mayors of Oviedo, Longwood, and Casselberry regarding Consolidation of Services. Mayor Bush explained, "We went through that and made some comments which maybe will come up at the Mayor & Managers Meeting on Thursday. Commissioner Blake will be in attendance because I'm going to be out of town and I will send you a copy." Mayor Bush said, "The Clerk can make sure all the Commissioners get copies of it as welL" Secondly, Mayor Bush stated, "I got a letter today and you probably got copies of it, from a citizen in Hacienda Village who was complaining about the fact there is no cut through at Cumberland Farms, and I suggested to the Manager today that we have a kind of set response to that, because I am sure we are going to get more of them." Mayor Bush added, "Ron [McLemore] is going to prepare that." Thirdly, Mayor Bush added, "This Sunday is the Breast Cancer Run and Commissioner Blake you are going to be there." Deputy Mayor Blake stated, "Okay." Lastly, Mayor Bush said, "CALNO [Council of Local Governments in Seminole County] was at Oviedo this last week and we were at the Oviedo Aquatics Center and I have to say I was really impressed." REPORTS 606. Commission Seat One - Robert S. Miller Commissioner Miller noted that about two (2) months ago, "We had a conversation about the trees that are going along the Village Walk roadway and I haven't seen anything on that, the whole roadway." Commissioner Miller asked, "What I would like to ask the Commission to think about and also the City Manager - because I had this conversation with him this morning, about twenty five (25) years ago the City Commission put Palm Trees down both sides of that roadway." . CITY OF WINTER SPRINGS, FWRIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 11, 2005 PAGE 22 OF 23 Then, Commissioner Miller explained, "And when we get Village Walk done, I assume all of those are going to be taken down, and there is going to be a more uniform type of tree put in. It has been brought to my attention several times now that on the south side of the road, because the distance between the sidewalk and the street is so small, we are probably going to be stuck with these things that are - at City Hall right now. I asked the City Manager today to give some thought to how the City Commission accomplished the original row of trees - because they are all on private property." Commissioner Miller added, "Another problem with the south side of the road - power lines." Commissioner Miller then noted, "As I explained to the City Manager today, I think a lot of people on the west side will be watching this project very carefully and all of us, we need to spend a lot of time and due diligence to make sure... Tape 4/Side A . . .And encourage all of us to emphasize this to the City Staff to get this - looked at." REPORTS 607. Commission Seat Two/Deputy Mayor - Michael S. Blake No Report. REPORTS 608. Commission Seat Three - Donald A. Gilmore Commissioner Gilmore said, "Chief [Daniel J. Kerr, Police Department], what's the status of the noise issues relative to the cars and motorcycles and equipment - and when are we going to start enforcing noise issues?" Commissioner Gilmore added, "This road racing issue in the Greater Orlando area is becoming a real problem and - one of the issues is loud mufflers." Attorney Garganese said, "Here's the Draft Noise Ordinance that I was going to give to Captain [Glenn] Tolleson, [Police Department], so we can get it finalized and brought to you for consideration." Commissioner Gilmore added, "There is a severe problem over on the west side on [State Road] 434 - it is very difficult to make a 'U-Turn' especially in a vehicle like mine." Commissioner Gilmore said, "But, there is I think, a very serious 'U-Turn' problem on that street." Lastly, Commissioner Gilmore noted, "Ron [McLemore], I think we need to get into this tree issue about maintenance, planting proper trees, we don't want to let that one die." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 11, 2005 PAGE 23 OF 23 ADJOURNMENT Mayor Bush adjourned the Meeting at 11 :20 p.m. RESPECTFULLY SUBMITTED: ANDREA LORENZO-LUACES, CMC AN L. BROWN EPUTY CITY CLERK APPROVED: ~~ NOTE: These Minutes were approved at the April 25, 2005 Regular City Commission Meeting,