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HomeMy WebLinkAbout2002 11 25 Consent A Unapproved Minutes from the November 11, 2002 City Commission Regular Meeting COMMISSION AGENDA ITEM A Consent X Informational Public Hearings Regular November 25.2002 Regular Meeting Mgr. 1 Dept. Authorization CONSENT A. Office Of The City Clerk Requesting Approval Of The November 11, 2002 City Commission Regular Meeting Minutes. 7" .. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING NOVEMBER 11, 2002 I. CALL TO ORDER The Regular Meeting of Monday, November 11, 2002 of the City Commission was called to order by Mayor Paul P. Partyka 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 Paul P. Partyka, present Deputy Mayor Cindy Gennell, present Cori:rmissioner Robert S. Miller, arrived at 6:32 p.m. Commissioner Michael S. Blake, present Commissioner Edward Martinez, Jr., present Commissioner David W. McLeod, present City Manager Ronald W. McLemore, arrived at 6:32 p.m. City Attorney Anthony A. Garganese, present A moment of silence was called with special recognition of Veteran's Day, followed by the Pledge of Allegiance. Commissioner Robert S. Miller arrived at 6:32 p.m. City Manager Ronald W McLemore arrived at 6:32 p.m. Under Agenda Changes, Mayor Partyka stated, "At the request of the property owner and his - partner or his consultant, Item 'A' under Public Hearings - the Ordinance on annexing City property owned by Mr. Nugyen; and also Regular 'B,' which is consider approval of a Development Agreement for the 4.2 acre owned by Mr. Nugyen which concerns the - existing Borrow Pit - those two (2) items are going to be postponed." "MOTION TO POSTPONE THIS TO A DATE CERTAIN WHICH IS NOVEMBER 25TH." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. ~ ~ ~ . ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER I I. 2002 PAGE 2 OF 23 VOTE: COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. Mayor Partyka added, "Also, 'B' is part of that - it is not a Public Hearing, but the same situation. And also, Regular 'c' - this is the Binford request - that was given to me by Mr. Baker also - that should be deferred" to the next Meeting. Next, Mayor Partyka mentioned the November 5th City Election and stated, "In terms of Commissioner [Michael S.] Blake, he was unopposed, and I had previously congratulated him." Further, Mayor Partyka stated, "I would like to congratulate Commissioner-Elect Sally McGinnis on her victory and wish her well. I also wish to congratulate Mayor- Elect John Bush on his victory." Mayor Partyka then offered his assistance to Mayor Bush during the transition time, and to the City of Winter Springs. Presentations Mayor Partyka pointed to a painting that has just been given to the City by the Winter Springs-Oviedo Lions Club, and noted it would have been part of the Winter Springs Arts Festival. (Note: This Festival has been cancelled). Mr. Tom Brown, 717 Adidas Road, Winter Springs, Florida: addressed the City Commission and thanked everyone for their support during a difficult personal situation. Mr. Brown also commended the Winter Springs Police and Fire Departments for their professional, and kind, and caring service during a personal situation. ll. PUBLIC INPUT Ms. Tammy Fitzpatrick, 119 View Point Place, Winter Springs, Florida: as the President of the Tuscawilla Trace Homeowner's Association, Ms. Fitzpatrick spoke of her concern with the negative impact that numerous dump truck loads to and from the Orange Avenue area Borrow Pit would have on their community. Mr. MJ Soileau, 100 Tuskawilla Road, Winter Springs, Florida: also noted his concern with the number of dump truck loads needed to fill the Orange Avenue area Borrow Pit and how this would affect his neighborhood. Mayor Partyka asked that the City Clerk provide the Commission with a letter that Mr. Soileau gave to the Mayor. ~ tl'< ~ ~ ~ ~ ~ .. ':- CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER I 1,2002 PAGE 3 OF 23 Mr. Bob Rucci, 973 Turkey Hollow Circle, Winter Springs, Florida: spoke in support of the Paw Park Agenda Item; and asked if the City could set up an account for some of the donations they have received. Mr. Earl Roberts, 975 Wedgewood Drive, Winter Springs, Florida: spoke on his desire to have a tree removed from his property, and that he thought this issue was to be on this Agenda. With discussion, Mayor Partyka stated, "Does this Commission want to make a Motion to put it on the Agenda for later on - for discussion?" "SO MOVED." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Deputy Mayor Cindy Gennell said to Mayor Partyka, "You are putting it on at the end of the Regular Agenda?" Mayor Partyka stated, "Yes." Mr. Medford McCoy, 114 Brookshire Court, Winter Springs, Florida: commented on a previous discussion about cost allocations and suggested that there could be possible challenges. Ms. Judy Benson, 1212 Orange Avenue, Winter Springs, Florida: spoke in opposition to the Nguyen Agenda Items and suggested a previous route again be utilized. Mr. Hans Hudtwalcker, 638 Cheoy Lee Circle, Winter Springs, Florida: asked about the status of the dumpster to be located behind his residence at the Tuskawilla Office Park. Mr. David Maisonet, 1493 Connors Kane, Winter Springs, Florida: mentioned a sinkhole on Winter Springs Boulevard (across from the Tuscawilla Country Club) and his concern with children playing near it. Mayor Partyka stated, "Let the - City Manager with his Staff go out there and take a look at it." ~ ~ ~ ~ ~ ~ ': CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER I I. 2002 PAGE 4 OF 23 III. REGULAR - PART I (CONTINUED FROM THE OCTOBER 28, 2002 REGULAR MEETING) REGULAR B. Finance Department Requests The City Commission Approve Resolution 2002-36 Establishing A Fund Balance Policy For The General Fund. Manager McLemore introduced this Agenda Item. Brief discussion. "I WOULD LIKE TO MAKE A MOTION TO APPROVE RESOLUTION 2002- 36." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. REGULAR C. Office Of The City Clerk Requests That Commissioner David W. McLeod Make An Appointment To Replace A Member Of The Board Of Adjustment Who Was Removed From Serving On This Board As A Result Of Exceeding The Permitted Number Of Absences, In Accordance With The Code Of Ordinances. "I WOULD LIKE TO APPOINT MR. BILL HAYES OF 604 SUNRISE AVENUE." MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. Commissioner Miller left the dais at 7:10 p.m. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER MILLER: NOT PRESENT FOR VOTE MOTION CARRIED. ~ ~ ~ ~ ~ ~....... ~ ~ ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER II. 2002 PAGE 5 OF 23 Mayor Partyka stated, "We congratulate Mr. Hayes for his appointment and send him the necessary letters on that - City Clerk." REGULAR D. Office Of The City Clerk Requests That Commissioner Michael S. Blake Make An Appointment To The Beautification Of Winter Springs Board To Replace Board Member Dart Helgeson Who Has Resigned From Serving On The Beautification Of Winter Springs Board. "I WOULD LIKE TO MAKE AN APPOINTMENT - KATHLEEN ANN ANDREWS, GALSTON DRIVE." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: DEPUTY MAYOR GENNELL: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MILLER: NOT PRESENT FOR VOTE MOTION CARRIED. . Mayor Partyka stated, "We congratulate Ms. Andrews on this." REGULAR E. Office Of Commissioner Edward Martinez, Jr. Requesting A Discussion Of Commission Rules, Related To Resolution Number 908. Commissioner Miller returned to the dais at 7: 12 p. m. Commissioner Edward Martinez, Jr. stated that regarding 1., "That deals with the Workshops from 5 - 6 prior to each Commission Meeting, that was a trial period of two . (2) months from October 25, 1999 to be reevaluated and that has never been used again- I think it was voted down and I think we should eliminate it from there." Regarding getting Agenda Items to the City Commission, Commissioner Martinez stated, "This Commission should make a point not to accept anything unless it is absolutely necessary or an emergency after Wednesday at 5:00 p.m. for the upcoming Agenda." Commissioner Martinez then noted, "Section 8., which says there shall be no limit as to the amount of time a Commissioner may speak - I think that during the Agenda discussion, this is used at the State level and the Federal level, and I don't see any harm in using it here. I think that it would be apropos and important to the moving of the Agenda and help us conclude on time - to set amounts of time periods to debate on questions that need debate. I think that giving a Commissioner five (5) minutes to speak ~ ~ ~ ~ ~ ~ ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER I I. 2002 PAGE 6 OF 23 on an item, and then having the opportunity to come back and speak another five (5) minutes or three (3) minutes would be more than sufficient to express your point of view." Discussion. Mayor Partyka suggested that the "Method of Adjournment" also be reviewed. Tape I1Side B Deputy Mayor Gennell suggested speaking "In five (5) minute increments and always come back - if there is no limit to the number of times they can come back in five (5) minutes - at least it gives other - Commissioners an opportunity to inteIject their thoughts into the process." Commissioner Martinez clarified his previous comments by saying, "I said Agenda Items should be handed to us by 5 p.m. Wednesday, prior to the Monday Meeting, unless they were absolutely necessary or of an emergency nature." Next, Commissioner Martinez stated, "As far as a time limit is concerned, I don't see why any Commissioner here could not speak on an Item on this Agenda - five (5) minutes is a long period of time for someone to speak and I said also that you could always come back and speak another three (3) or five (5) minutes - ifthe Commissioner saw fit, or the Chairman saw fit, and it would be up to the Chairman to control the time element." Regarding the issue of Adjournment, Mayor Partyka suggested, "It could be extended for whatever amount oftime, by the super majority." "I MAKE A MOTION THAT WE GIVE THIS TO CITY MANAGER AND CITY ATTORNEY AND THEY REVISE THIS RESOLUTION AND TAKE INTO CONSIDERATION THE REMARKS THAT WERE SPOKEN ABOUT TONIGHT AND BRING BACK A RESOLUTION THAT FITS MORE OR LESS THE CRITERIA THAT WE NEED TO CARRY ON THIS MEETING IN A PROFESSIONAL MANNER AND IN A TIMELY FASHION." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. COMMISSIONER MILLER SPOKE ON THE RECORD ABOUT EMERGENCY AGENDA ITEMS AND AMENDED AGENDAS. ~ ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER I 1. 2002 PAGE 7 OF 23 MAYOR PARTYKA AND COMMISSIONER MARTINEZ REVIEWED THE ITEMS RELATED TO THE MOTION AND MAYOR PARTYKA STATED, "ELIMINATE NUMBER 1. - IN TERMS OF AGENDA PACKETS STAY FIRM UNLESS THERE IS AN EMERGENCY; AND THEN 8., WOULD BE IN TERMS OF TEN (10) MINUTES WITH FIVE (5) AND FIVE (5)." MAYOR PARTYKA THEN STATED, "THE FOURTH ONE WHICH IS EXTENDING ADJOURNMENT AT ANY INCREMENT." VOTE: COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: NAY DEPUTY MAYOR GENNELL: AYE COMMISSIONER BLAKE: NAY COMMISSIONER MARTINEZ: AYE MOTION CARRIED. Mayor Partyka said, "City Manager, based on the comments, there may be one (1) or two (2) issues, may be a slight conflict, but I think for the most part this Commission - agrees on some of those questions." REGULAR F. Office Of The City Attorney/Office Of The Fire Chief Requests The City Commission Adopt Resolution Number 2002-34 Establishing The Winter Springs Senior Transportation Program, Providing For Eligibility, Providing For Service Parameters, And Providing For A Service Policy. Fire Chief Timothy J. Lallathin and Mr. Chuck Pula, Parks and Recreation Department Director presented their introductory comments. Commissioner Miller spoke of the "Five (5) 'no shows'" clause. With discussion on age criteria, City Attorney Anthony A. Garganese suggested, "If you want, I will eliminate the age statement in here and limit it to all residents of the City of Winter Springs that are eligible to participate in - that particular program, at the Senior Center or who are members of that program or organization." Commissioner Blake pointed out that "In our rules, in terms of scheduling a day in advance, it should say a 'business' day, as opposed to just a day in advance - this would be under the 'Service Policv.'" ~.'.'~' ~ ~.'.. ~ ~ ~ ~ ~ ~."".'" ~ ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER I I. 2002 PAGE 8 OF 23 Mayor Partyka stated, "Are you comfortable Mr. Garganese, that this is legal - a legal document with all the stipulations that Commissioner Blake has raised? Are you comfortable with this, or is it subject to that final check by you?" Attorney Garganese responded, "I am comfortable with it, but I would be happy to go back and do one more final check." Further discussion continued regarding the "Five (5) 'no shows'- Commissioner David W. McLeod suggested, "Could this not possibly be reworded that if a senior has "Five (5) 'no shows' - within a calendar year, the senior will no longer be eligible for the City of Winter Springs Senior Transportation Program for a period of six (6) months?" Mayor Partyka stated, "Does this Commission agree with that?" Commissioner Martinez stated, "Yes." Deputy Mayor Gennell inquired, "If some reason or other they became debilitated in January and had five (5) of these, do they have to wait until the end of that calendar year before they can then become eligible or does it start in June or July that they can become re-eligible again?" Commissioner McLeod stated, "In January." Regarding Item 7., Commissioner McLeod stated that "Some of the only defense some of the elderly have is pepper spray" and he suggested that this be permitted. Commissioner Martinez stated, "As far as I am concerned, they can carry it." Deputy Mayor Gennell stated, "I agree with the way it is written." Commissioner Blake remarked, "I will agree with Commissioner McLeod." Commissioner Miller stated, "I think we ought to leave it the way it is." Mayor Partyka clarified, "You can take pepper spray onto the bus - pepper spray would be eliminated - three (3) Commissioners agree with that." "I WOULD LIKE TO MAKE A MOTION TO APPROVE - ADOPT RESOLUTION NUMBER 2002-34 WITH THE CORRECTIONS APPROVED BY THE COMMISSION TONIGHT." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE DEPUTYMAYORGENNELL: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. ~ ~ ~ ~ ~ ~ ~ ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER I 1. 2002 PAGE 9 OF 23 REGULAR I. Office Of The City Manager Requesting The City Commission Reschedule A Workshop To Discuss The Need For Changes To The Code Of Ordinances Related To Accessory Buildings And Detached Garages (Ordinance 2002-14). With discussion, the Commission agreed to hold ~s Workshop on January 20th, 2003 at 6:30 p.m. Manager McLemore added, "We will also have ready for this Workshop, a new Lighting Code, Noise Code, and Home Occupation Code - those all are related to the Accessory Buildings Ordinance." Mayor Partyka reiterated, "January 20th, 2003 - 6:30 p.m." IV. CONSENT (NEW AGENDA ITEMS FOR THIS MEETING) CONSENT A. Office Of The City Attorney/Office Of The City Manager Request That The City Commission Approve A Resolution Granting The Transfer And Assignment Of The City Of Winter Springs Cable Franchise From Time Warner Entertainment-Advance/Newhouse Partnership ("TWE-A/N") To Its Wholly Owned Subsidiary, TWEAN Subsidiary, LLC ("Subsidiary"). CONSENT B. Office Of The City Clerk Approval Of The October 28,2002 City Commission Regular Meeting Minutes. CONSENT C. Office Of The City Clerk Approval Of The October 29, 2002 City Commission Special Meeting Minutes. Mayor Partyka stated, "I would be looking for a Motion to approve" the Consent Agenda. "SO MOVED." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE ~ ~...".... ~ ~ ~ ~ = ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 11.2002 PAGE 10 OF 23 COMMISSIONER BLAKE STATED, "I WAS GOING TO ASK TO HAVE ITEM 'A' REMOVED FROM THE CONSENT AGENDA FOR SEPARATE CONSIDERATION." MAYOR PARTYKA STATED, "WE WILL DO THAT. SO THE MOTION WILL BE EXCLUDING 'A.'" COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE FOLLOWING CONSENT AGENDA ITEM WAS DISCUSSED NEXT AS DOCUMENTED. .:. .:. IV. CONSENT (NEW AGENDA ITEMS FOR THIS MEETING) CONSENT A. Office Of The City Attorney/Office Of The City Manager Request That The City Commission Approve A Resolution [2002-38] Granting The Transfer And Assignment Of The City Of Winter Springs Cable Franchise From Time Warner Entertainment-AdvancelNewhouse Partnership ("TWE-AlN") To Its Wholiy Owned Subsidiary, TWEAN Subsidiary, LLC ("Subsidiary"). Ms Diane Pickett Culpepper, Vice President, Time Warner Cable, 2251 Lucien Way, Maitland, Florida: addressed the City Commission and spoke on this partnership and customer service standards. "I WOULD LIKE TO MAKE A MOTION THAT WE TRANSFER AND ASSIGN THE REMAINING PORTION OF THE CITY OF WINTER SPRINGS' CABLE FRANCHISE FROM TIME W ARNER-ADV ANCEINEWHOUSE PARTNERSHIP TO THE NEW WHOLLY OWNED SUBSIDIARY OF TWEAN SUBSIDIARY, LLC." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. DEPUTY MAYOR GENNELL STATED, "I ANTICIPATE THAT THEIR NEGOTIATED AGREEMENT WILL ENCOMPASS THE THIRD CHANNEL THAT WE NEGOTIATED AT THE COUNTY FOR SGTV." ~ ~ ~ ~ ~ ~ ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 11. 2002 PAGE 11 OF23 VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. v. INFORMATIONAL (NEW AGENDA ITEMS FOR THIS MEETING) INFORMATIONAL A. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. INFORMATIONAL B. Community Development Department Advising The City Commission Of Its Previous Action Regarding Dumpsters Locations At Tuskawilla Office Park (TOP). Mr. John Baker, AICP, Current Planning Coordinator, Community Development Department addressed the City Commission regarding this Agenda Item. Discussion. Tape 2/Side A Mr. Hans Hudtwalcker, 638 Cheoy Lee Circle, Winter Springs, Florida: spoke of his concern with a dumpster located behind his residence, and the height of this dumpster. Discussion ensued on a six foot (6') wall buffer and the site plan. Regarding the height of the wall, Commissioner McLeod stated, "Ron - if this wall isn't at least six feet (6'), then I would hope that we make sure that becomes a six foot (6') wall over there as asked - it may add another foot or so to his elevation at his wall which may help obstruct the line of sight to the dumpster." Manager McLemore stated, "Yes, we would check all that. I think what we need to do is put some trees and plantings around this thing." Further, Commissioner McLeod added, "I don't believe that the trees have ever been planted that the developer offered to plant in the first place." ~ ~ J3;t:~ ~ ~ r;a ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER I 1,2002 PAGE 12 OF 23 Commissioner McLeod then stated, "Is this wall truly six feet (6') on the developer's side of the property?" Manager McLemore responded, "That we can determine." Commissioner McLeod then said, "I would like that checked and I would like that reported back to us at the next Commission Meeting." Manager McLemore stated, "No problem." The direction of the doors to the dumpster was discussed next with Deputy Mayor Gennell asking, "Anthony [Garganese], is there any way to make that kind of a modification or for the Staff to look into seeing if that can be modified at all?" Attorney Garganese stated, "We can look at it as part of the - building permit phase to see if there is any way there to configure it, but the location has been established by site plan and that may have a bearing on where the gates have to go, because obviously the trucks are going to have to get in there." Furthermore, D~puty Mayor Gennell stated, "If it is a roundabout, I am thinking a truck can go around it, two (2) different ways - so I would encourage the City Manager and the Staff to look at a creative way of emptying that dumpster so that the gates don't face the residences, ifpossible." Commissioner McLeod spoke about his concern with the proposed changes as just discussed, then suggested, "On the south side of the roundabout - Ron, see what could be done in that one area to enhance the landscaping." INFORMATIONAL C. Office Of The City Clerk Wishes To Inform The City Commission Of The Results Of The November 5, 2002 City Of Winter Springs Municipal Election. Mayor Partyka stated, "I would be looking for a Motion to approve the Informational Agenda Items." "SO MOVED." MOTION BY COMMISSIONER BLAKE. SECONDED. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: NAY COMMISSIONER McLEOD: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. ~ ~ ~ ~ ~ ~ ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER I I. 2002 PAGE 13 OF 23 VI. PUBLIC HEARINGS (NEW AGENDA ITEMS FOR THIS MEETING) PUBLIC HEARINGS A. Community Development Department Requests The City Commission Conduct A Public Hearing For And Adopt On The Second Reading, Ordinance 2002-26, To Annex Into The City Property Owned By Mr. Chanh Nguyen. As stated previously at the beginning of the Meeting, this Agenda Item was postponed to November 25, 2002. VII. REGULAR - PART II (NEW AGENDA ITEMS FOR THIS MEETING) REGULAR A. Community Development Department Requests The City Commission Approve A Variance From The City's Storm-Water Six feet (6'). Mr. Baker introduced this Agenda Item and stated, "Staff recommends approval of both the Variance and the Final Subdivision." Mr. Tom Daly, Daly Design Group, Inc., 861 West Morse Boulevard, Suite 125, Winter Park, Florida: addressed the City Commission. With brief discussion, Commissioner Miller inquired about the lighting on this project and stated, "I see decorative lamps, lights all the way through - are they all going to be the same?" Mr. Daly responded, "Yes, Sir." Further, Commissioner Miller stated, "Yours all look like they are decorative poles, probably less than twelve feet (12') high, looks like an acorn fixture on the top, which is what we had hoped to have." Mr. Daly said, "That is part of the Developers Agreement and so that goes through - absolutely." Attorney Garganese stated, "I just want to mention something to Mr. Daly now that he is here - I know he acknowledged a while back that there was a scrivener's error on page 10 of the Development Agreement, and I forwarded - an amendment of the Development Agreement, and I still haven't gotten that back from him." Mr. Daly stated, "You should have gotten that." Further, Mr. Daly stated, "That's not a problem, and I apologize that it hasn't been forwarded to your office." "I MAKE A MOTION WE APPROVE ITEM 'A' ON THE REGULAR AGENDA." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. .c?"'~ ""'.~~,., ft... l'ti o>i"""'-'S ~.. ~;,,~ ~f'?~~ .;...~ fu>:i~'d ~:!"\~ ~~.~~ .';..<-'-~ ~~ ~ ~ ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER I I, 2002 PAGE 14 OF 23 VOTE: DEPUTY MAYOR GENNELL: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. REGULAR B. Community Development Department Requesting Commission Consider And Approve A Development Agreement For A 4.42-Acre Tract Owned By Mr. Chanh Nguyen, Located On The South Side Of Orange Avenue, Generally East Of Central Winds Park And Generally North Of The Winter Springs High School. The Development Agreement Addresses Filling An Existing Borrow Pit. As stated previously at the beginning of the Meeting, this Agenda Item was postponed to November 25, 2002. REGULAR C. CommunitY Development Department Recommends The City Commission Hear A Request By Thomas Binford For A Variance From Section 20-486. Of The City Code Of Ordinances, To Allow An Existing Non-Conforming Pole Sign To Remain Within The State Road 434 Redevelopment Overlay Zoning District Beyond The November 14, 2002, Amortization Deadline. As stated previously at the beginning of the Meeting, this Agenda Item was postponed to November 25, 2002. REGULAR D. Office Of The City Clerk Requests That Commissioner David W. McLeod Make One (1) Appointment To Replace A Board Of Trustees (Pension Plan) Member Who Has Been Removed As A Result Of Exceeding The Permitted Number Of Absences, In Accordance With The Code Of Ordinances. "I DO HAVE AN APPOINTMENT - MARK LAMMERT." MOTION BY COMMISSIONER McLEOD. SECONDED. DISCUSSION. Bo~ ~ ~ ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER I 1. 2002 PAGE 15 OF 23 VOTE: COMMISSIONER MARTINEZ: ' AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. Mayor Partyka stated, "Our congratulations to Mr. Lammert - and send out the appropriate letter." REGULAR E. Office Of The City Clerk Requesting The City Commission Decide Upon The Time When The Upcoming Inauguration Ceremonies Should Be Held. Additionally, The City Commission Is Also Being Asked To Consider And Approve The Information In This Agenda Item Regarding Some Of The Details Planned For The Upcoming Inauguration Ceremonies. Discussion. "I MOVE THAT WE CONSIDER DECEMBER 2ND AS THE DATE FOR THESE INAUGURATION CEREMONIES." MOTION BY COMMISSIONER MARTINEZ. MAYOR PARTYKA INQUIRED, "AND THE TIME..." COMMISSIONER MARTINEZ ADDED, "...6:30 - AND ALL THE DETAILS ARE THE SAME." SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. VOTE: DEPUTY MAYOR GENNELL: AYE COMMISSIONER BLAKE: NAY COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. REGULAR F. Community Development Department Requests That The City Commission Clarify The Intent Of The State Road 434 Redevelopment Overlay Zoning District Regarding Neon Sign age And The Address Implementing The November 14, 2002, Non-Conforming Sign Deadline In Both Of The State Road 434 Overlay Districts. ~~ \L....~. . b-. ~ S',;:\~........(l!) !l!'-'!:1'..."."" rfil.''''''''''''''' ~~..,q ".....obi I$"'~ "".~_. [:i"~' . .:. Gr.... . " {~~ ~ ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 1 1.2002 PAGE 16 OF 23 Mr. Baker, Manager McLemore, and Attorney Garganese presented their comments to the City Commission. With discussion, Manager McLemore stated, "I think the statement made by Commissioner Blake makes it clear - in all districts." Attorney Garganese added, "I think you will have to change the Ordinance." Further Manager McLemore pointed out, "The clarification is, you don't want neon signs except where neon is used to backlight a sign - so that means no neon tubing type signs." Mayor Partyka said, "Is that what this Commission is saying?" Commissioner McLeod remarked, "That was our discussion that we had at the time we went forward with this." Commissioner Blake stated, "That is what I said." Commissioner Miller stated, ''Neon- as long as you can't see it." Further, Manager McLemore stated, "In the previous meetings when we were developing this, you specifically related this to those - panels that move and create the look of motion; so I am assuming - you didn't want that either." Commissioner Miller and Mayor Partyka stated, "Make it so." Further, Mayor Partyka said, "This Commission is telling Mr. Garganese to go back, correct this in conjunction and hopefully it is consistent now - and we'll bring it back." Mr. Baker then stated, "Then on the item of the November 14th deadline, Staff is to proceed with the Code Enforcement - tell the people at Kash n'Karry, Hess Mart, and all the people with non-conforming monument signs, pole signs, etcetera, we are to proceed." Mayor Partyka added, "I don't see this Commission changing their position on that. " REGULAR G. Community Development Department Requests That The City Commission, In Its Capacity As The DRC, Consider A Request Of Randal Paulson And The James Doran Company For Floor Plans And Building Elevations For Building 1 (Multi-Tenant Building At Corner Of Tuskawilla Road And State Road 434). This Agenda Item was introduced by Mr. Baker. Mr. Rick Maxian, Senior Job Captain, Randall Paulson Architects, 85-A Mill Street, Suite 200, Roswell, Georgia: addressed the City Commission on this issue. Discussion. Mayor Partyka stated, "I need some kind of action here from this Commission." "SO MOVED." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. _. ;'l1dl. f9~~ ~~ rJP.-~ ml';j..~ ~ ~ ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER I 1. 2002 PAGE 17 OF 23 VOTE: COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. REGULAR H. Parks And Recreation Department Requesting The City Commission To Accept The Winter Springs Paw Park Citizen Advisory Committee Report And Concept Plan And Establish A Date For A Workshop To Go Over The Information. Mr. Pula addressed the City Commission regarding this Agenda Item. Mr. Bob Rucci, 973 Turkey Hollow Circle, Winter Springs, Florida: suggested that the City Commission hold a Workshop on this issue as soon as possible. Discussion ensued on possible costs for this project; the proposed phases; and a Workshop date. Tape 2/Side B Regarding &ossible dates, the City Commission agreed to hold a Workshop also on January 20 , 2003 - the same night as the Workshop on the proposed Accessory Buildings Ordinance. REGULAR I. Office Of Commissioner Robert S. Miller Requesting The City Commission To Authorize The City Manager To Explore The Reliability Of Florida Power Corporation's Level Of Service To The City Of Winter Springs Pertaining To Constant Power Interruptions. Commissioner Miller advised the City Commission that the City Manager had suggested that "We could ask, if everyone agrees - if Florida Power could provide us with - a very comprehensive list of all the outages, city-wide - of any nature." Deputy Mayor Gennell added, "I would hope that you would include a request there for power surges, not just outages." Commissioner Miller agreed and stated, "Yes." Commissioner Blake then said, "Related to this, about two (2) months ago I asked a question about what we could do to enact an Ordinance that would require any new power lines, or rebuilding of any power lines to be placed underground. Are we working on that? Are we giving that any consideration?" ~ ~ ~ ~ ~ ~ ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 1 1,2002 PAGE 18 OF 23 With further brief discussion, Mayor Partyka stated, "That is a consensus, everybody has agreed. " .:..:. AGENDA NOTE: THE FOLLOWING ADD-ON AGENDA ITEM 'J" WAS DISCUSSED NEXT, FOLLOWED BY TWO (2) OTHER ADD-ON ITEMS, WHICH DID NOT HAVE ACCOMPANYING AGENDA ITEM LETTERS. .:. .:. VII. REGULAR - PART II (NEW AGENDA ITEMS FOR THIS MEETING) ADD-ON REGULAR J. Office Of The City Manager Requesting The Commission To Review The City Manager's Comments And Recommendations Relative To The City Clerk's Review For Performance Year September 27, 2001 To September 26, 2002 And To Make Any Changes The Commission Deems Appropriate. Manager McLemore offered his introductory comments. Brief discussion. "MOTION TO APPROVE THE MANAGER'S RECOMMENDATION - ITEM 'J.'" MOTION BY COMMISSIONER MARTINEZ. SECONDED. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. ADD-ON REGULAR Office Of The City Attorney Requesting The Commission To Consider Resolution 2002-37. Attorney Garganese stated, "What I have in front of the Commission is Resolution 2002- 37 - as you know you established an ad-hoc Tree (Arbor) Ordinance Review Advisory Committee. In the Resolution that established that Committee, it specifically stated a deadline for their final report and recommendation to be no later than the first Regular ""'~ t; , ,n", lIpi...~d IDn>""'~ C?l"'~ ~'~.. ~ ~ ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER I I, 2002 PAGE 19 OF 23 Meeting of November." Furthermore, Attorney Garganese stated, "The Board is recommending extending that deadline to no later than the first Regular Meeting of the City Commission in March 2003, and that is what this Resolution will do." "MOTION TO APPROVE [RESOLUTION] 2002-37." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. ADD-ON REGULAR Community Development Department - City Arborist Recommends The City Commission Consider The Request Of Mr. Earl Roberts, 975 Wedgewood Drive. Mr. Michael Mingea, ArboristlEnvironmental Inspector, Community Development Department addressed the City Commission and distributed documents. Mr. Earl Roberts, 975 Wedgewood Drive, Winter Springs, Florida: explained some of his reasons behind his desire to have a tree removed from his property. Discussion. "I WILL MAKE A MOTION THAT WE DENY THE REQUEST TO REMOVE THE SPECIMEN TREE. I DO NOT BELIEVE THAT IT MEETS THE CRITERIA THAT WE HAVE SET UP TO PROTECT TREES IN EXCESS OF TWENTY INCHES (20") IN DIAMETER." MOTION BY COMMISSIONER BLAKE. SECONDED.. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE DEPUTYMAYORGENNELL: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: NAY COMMISSIONER McLEOD: NAY MOTION CARRIED. ~ ~ ~ ~ ~ ~ ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER I 1.2002 PAGE 20 OF 23 VIII. REPORTS REPORTS A. City Attorney - Anthony A. Garganese, Esquire Attorney Garganese spoke of the City of Winter Springs being sued by a company, Asset Management, Inc., and that "They are seeking a refund of Interim Service Fees that were collected by the City of Winter Springs between 1993 and 1999. I am providing the City Manager a copy of our Motion to Dismiss, which the City Manager shall give you a copy of later this week." Secondly, Attorney Garganese advised the Commission that regarding "The Development Agreement with Phil Reece - we anticipate closing on that property that Mr. Reece is donating to the City of Winter Springs, no later than the end of next week." REPORTS B. City Manager - Ronald W. McLemore Manager McLemore spoke of working with Ms. Sandy Bierly, Tuskawilla Office Park, Owner/Deyeloper, L.L.C, and Cheoy Lee Circle resident Mr. Enon Winkler regarding the partially built wall located behind his residence. Manager McLemore then explained that furthermore, Ms. Bierly had called him last week - and she asked if "The City would be amenable to an agreement where she paid a third, Mr. Winkler paid a third, and the City paid a third to complete the fence through his yard." "I MOVE THAT WE CONTRIBUTE ONE THIRD - UP TO ONE THOUSAND DOLLARS TO COMPLETE THAT WALL TO THE EDGE OF THAT PROPERTY OWNER'S PROPERTY." MOTION BY DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: NAY DEPUTYMAYORGENNELL: AYE COMMISSIONER MILLER: NAY COMMISSIONER McLEOD: NAY COMMISSIONER BLAKE: AYE MOTION DID NOT CARRY. REPORTS C. City Clerk - Andrea Lorenzo-Luaces No Report. , ',>lid .r.'~l~.~~ ~;" .,..... g '-"'lllclJI ,;,:.,\tlt:iIilh ~ ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER I 1.2002 PAGE 21 OF 23 REPORTS D. Commission Seat Five - David W. McLeod Commissioner McLeod remarked about an Election Candidates mailer and a reference about him, which he did not appreciate. REPORTS E. Commission Seat One - Robert S. Miller Commissioner Miller spoke of him previously asking for information related to our Fire Department and that he did not see this listed on the City Commission's Directives List. Discussion. Tape 3/Side A Manager McLemore spoke about a proposed study and said that he was under the impression that the County would pay for the study. Mayor Partyka stated, "I think the general question is, "Do we want to pursue some kind of - further research, further investigation, maybe in a preliminary fashion to see if there are any potential savings?" Commissioner Blake stated, "I would not be against some cursory review of the costs." Commissioner Martinez stated, "I will agree to some report." Deputy Mayor Gennell commented, "If the County will pay for it, I will look at it - some detail, yes." Commissioner McLeod said, "I would like to know the cost of the report and what the outline of that report would be" prior to approval. Mayor Partyka summarized, "It seems like the consensus of the Commission is - some kind of report and it would be nice for this Commission to know how much something like that would cost, and maybe the criteria. " Commissioner Miller explained, "I would like to see - I think all of us would like to see something about the cost; advantages; the pros and cons; the plusses and minuses; the kind of issues that Altamonte Springs may have looked at - and then based on that, we say yes, we will go to the County and ask for a full blown report or we won't." Manager McLemore suggested, "Let's ask the County to spend their nickel for that report, and then if that report indicates we should explore it further, then we will explore it further." Commissioner Miller then inquired about the timeline for getting this done. Manager McLemore stated, "I will call the County Manager back and say that the Commission has indicated some interest, tell me what the study would look like, how long it will take to get it, and that type of thing." Mayor Partyka added, "And then report back to us at the next Commission Meeting." g;.$"d ~ ~ ~ ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER I I. 2002 PAGE 22 OF 23 REPORTS F. Commission Seat Two - Michael S. Blake Commissioner Blake said to Manager McLemore, "You assured us that you understood - that if you don't have your - request to us soon, then it won't be retroactive. I just want to point that out. Have you considered when you might bring that before us?" Manager McLemore responded, "Real soon." REPORTS G. Commission Seat Three - Edward Martinez, Jr. Commissioner Martinez inquired, "When can we have the Open Container Ordinance back?" Manager McLemore stated, "How about the first Meeting in January." Secondly, Commissioner Martinez then asked about the status of the Dock Ordinance. Manager McLemore responded, "You are having a study done by a Consultant." Commissioner Martinez then read a statement into the record about actions made by a Member ofthe Commission and political activities. REPORTS H. Commission Seat Four/Deputy Mayor - Cindy Gennell Deputy Mayor Gennell advised Manager McLemore that the "County - is looking into a county-wide Lighting Ordinance tomorrow, according to their Agenda - what I am saying is, we are looking at doing one and you may want to look at what they are doing for some additional suggestions." REPORTS I. Office Of The Mayor - Paul P. Partyka Mayor Partyka advised the City Manager about some problems that some students from Indian Trails Middle School apparently had with acquiring information from the City of Winter Springs on the history of the City. Mayor Partyka said that problems like this should not happen, and handed a package of documents from Indian Trails Middle School to the City Manager. Next, Mayor Partyka spoke of needing to order more City of Winter Springs' mugs and suggested that lapel pins should also be ordered. ~.. ~ ~ ~ ~ ~ = ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER I I. 2002 PAGE 23 OF 23 Mayor Partyka stated, "The Fire Union discussions, we did promise at the last Meeting that we would start discussions on the new contract for the Fire Union immediately, and we are already into the current contract year - so I would hope that we continue to do this as quickly as possible to get to some kind of solution." Lastly, Mayor Partyka stated that some of the statements made during this recent election were false and half truths and that he did not appreciate such comments. IX. ADJOURNMENT Mayor Partyka stated, "I would be looking for a Motion to Adjourn." "SO MOVED." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISISONER BLAKE. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Mayor Partyka adjourned the Meeting at 9:51 p.m. RESPECTFULLY SUBMITTED: ANDREA LORENZO-LUACES, CMC CITY CLERK APPROVED: PAULP. PARTYKA MAYOR NOTE: These Minutes were approved at the ,2002 Regular City Commission Meeting. ~ ~ ~ ~ t:::'