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HomeMy WebLinkAbout2002 10 28 Consent H Unapproved Minutes from the October 17, 2002 City Commission Regular Meeting COMMISSION AGENDA ITEM H Consent X Informational Public Hearings Regular October 28. 2002 Regular Meeting Mgr. / Dept. Authorization CONSENT H. Office Of The City Clerk Requesting Approval Of The October 14, 2002 City Commission Regular Meeting Minutes. . . . CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING OCTOBER 14, 2002 I. CALL TO ORDER The Regular Meeting of October 14, 2002 of the City Commission was called to order by Mayor Paul P. Partyka at 6:39 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 Commissioner Robert S. Miller, arrived at 6:41 p.m. Commissioner Michael S. Blake, present Commissioner Edward Martinez, Jr., present Commissioner David W. McLeod, absent City Manager Ronald W. McLemore, present City Attorney Anthony A. Garganese, present During a moment of silence, Mayor Partyka recognized Winter Springs Police Officer/ Corporal Jay Herrera who recently passed away. The Pledge of Allegiance followed. Commissioner Robert S. Miller arrived at 6:41 p,m. With discussion of Agenda Items, City Manager Ronald W. McLemore announced that two (2) Add-On Regular Agenda Items, K.l and K.2 were being passed out. Mayor Partyka added, "Bring that first" on the Regular Agenda. Manager McLemore also announced that there was an error in Consent Agenda Item "c" and explained that "There is an incorrect name of a company - it is stated in the - Agenda Item as Millenium Lawn and Landscape Design. The proper name there is The Pest Experts DBA American Services, Inc." Mr. Chuck Pula, Parks and Recreation Department Director introduced one of his employees Mr. Chris Carson who was just elected to the DeBary City Council. II. PUBLIC INPUT Mr. Bob Rucci, Winter Springs, Florida: invited the City Commission to attend the Oak Forest Halloween party; and stated that the organization that he started last year will be addressing the County next Tuesday. Mr. Rucci turned in a written statement. ~ ~ ~ ~ ~ ~ = It::t . . . CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 14,2002 PAGE 2 OF 24 Ms, Jackie Lein, 1173 Winged Foot Circle East, Winter Springs, Florida: spoke on behalf of "People for Good Government" and commented on a statement read by Commissioner Miller at the October 7, 2002 Special Meeting; and Harold Scott. Discussion. Mr, Gene Lein, 1173 Winged Foot Circle East, Winter Springs, Florida: remarked about Section 16-80. of the City of Winter Springs Code of Ordinances and asked how some political signs had been approved by the City. Mayor Partyka stated, "City Attorney - I guess we will do that at the appropriate time - check into it - we will check into it at the appropriate time." Commissioner Edward Martinez, Jr. spoke briefly for the record about political comments. Mr. Lein added that he felt the political signs should be removed. Mayor Partyka stated, "We have - always told the City Manager or the City Attorney, look into first for the facts and then we will take appropriate action - so we will do that." Mr. Paul Leckinger, 1304 Winter Springs Boulevard, Winter Springs, Florida: also spoke on the letter that Commissioner Miller had read on the ih of October and asked about the status of public documents associated with two (2) different comments mentioned in Commissioner Miller's letter. With discussion, Commissioner Miller stated, "Melissa Zilka - that is my retraction." Ms. Helga Schwarz, 720 Galloway Court, Winter Springs, Florida: commented on remarks in Commissioner Miller's letter which was read on October 7, 2002 by Commissioner Miller regarding a Recall attempt involving the Highlands Homeowner's Association. Discussion. Commissioner Michael S. Blake spoke of his concern with a possible lawsuit about an email generated by a Member of the City Commission and asked City Attorney Anthony A. Garganese for his impressions of this situation. Attorney Garganese stated, "I am not prepared to answer that question. That is the first I have heard of this issue - I am not going to comment on it. If you think there is a possible liability issue or threat of a lawsuit and you want to provide me the information, I will be happy to look at it." Commissioner Blake then said, "I will be glad to get you a copy and Andrea [Lorenzo- Luaces, City Clerk] as well, of all the documents." Discussion. ~ ~ ~ ~ ~ .~ . . . CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 14,2002 PAGE 3 OF 24 III. CONSENT CONSENT A. Community Development Department Requesting Commission Approval And Acceptance Of The Improvements (Potable Water And Sanitary Sewer) Located At Publix To Be Dedicated To The City For Ownership And Maintenance. CONSENT B. Utility Department Requesting City Commission Approval To Enter Into A Contract To Construct The East Water Reclamation Facility Filters. CONSENT C. Public Works Department Requesting Authorization To Enter Into A Contract Agreement For Landscape Maintenance Services For State Road 434 Medians And Rights Of Way. Commissioner Martinez stated for the City Manager's consideration that through the Florida League of Cities, he was aware of a "501. (c) (3) well established group, state- wide - they have been under contract with DOT [Department of Transportation] for some time - they do all kinds of work, and they will do contracts with cities and counties." CONSENT D. Public Works Department . Requesting Authorization To Install New Sidewalk On The South Side Of Northern Way From Tuscora Drive To Mt. Laurel Drive. With brief discussion, Commissioner Martinez stated, "May I suggest we pull 'D. '" CONSENT E. Utility Department Requesting City Commission Approval To Enter Into A Contract To Construct A Water Distribution Main. '. CONSENT F. Public Works Department Requesting Authorization To Reimburse The Stone Gable Property Association For The Base Cost Of The Streetlighting In Stone Gable. Owners ~ ~ ~ ~ t:;;I . . . CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 14,2002 PAGE 4 OF 24 CONSENT G. Office Of The City Manager / Office Of The City Attorney Requesting That The City Commission Approve Resolution 2002-35 Which Amends The Membership Section Of Resolution 2002-24, Due To The City Commission Approving One (1) Additional Appointment To The Ad Hoc Tree (Arbor) Ordinance Review Advisory Committee. CONSENT H. Office Of The City Clerk Approval Of The August 26, 2002 City Commission Regular Meeting Minutes. CONSENT I. Office Of The City Clerk Approval Of The August 28, 2002 City Commission Special Meeting Minutes. CONSENT J. Office Of The City Clerk Approval Of The September 9, 2002 City Commission Regular Meeting Minutes. CONSENT K Office Of The City Clerk Approval Of The September 23, 2002 City Commission Regular Meeting Minutes. "I WILL MOVE TO APPROVE THE CONSENT AGENDA, EXLUDING ITEM 'D.'" MOTION BY DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. .:..:. AGENDA NOTE: CONSENT AGENDA ITEM "D" WAS NEXT INDIVIDUALLY DISCUSSED NEXT AND VOTED ON. .:..:. ~ ~ ~ ~ ~ ~ . . . CITY OF WfNTER SPRINGS MINUTES CITV COMMISSION REGULAR MEETfNG - OCTOBER 14,2002 PAGE 5 OF 24 III. CONSENT CONSENT D. Public Works Department Requesting Authorization To Install New Sidewalk On The South Side Of Northern Way From Tuscora Drive To Mt. Laurel Drive. "MOTION TO TABLE." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: DEPUTY MAYOR GENNELL: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. IV. INFORMATIONAL INFORMATIONAL A. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. Tape I/Side B Deputy Mayor Cindy Gennell remarked that regarding "Belfaire, formerly Battle Ridge, I had a comment from some folks that the size of the water main in the original agreement that was made with Battle Ridge had been modified and that the water main had been made much larger, and I just want to ask is that true or not?" Manager McLemore stated, "I don't know. Be happy to reply back to you." Deputy Mayor Gennell then said, "I would appreciate it." Brief discussion followed on curb cuts and the proposed Villagio project. Commissioner Martinez stated, "Point of Order" and remarked about Villagio. Manager McLemore then stated that "You are going to have to sit as a Quasi-Judicial body on this issue. We should not be taking positions of advocacy or adversarial positions on this project at this point in time." Attorney Garganese added, "There will be a Quasi Judicial Hearing and you will consider the whole development project some time in the future." ~ ~ ~ ~ cE:> ~ (t:I . CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 14,2002 PAGE 6 OF 24 Commissioner Miller then stated, "Someone needs to keep in touch with DOT [Department of Transportation] because they have a habit of finalizing whatever it is that they are going to do - and we will just be confronted with - this is what DOT [Department of Transportation] has finally decided, which will have nothing to do with our Quasi-Judicial debate." Commissioner Miller added, "Somebody in this City needs to keep actively involved with DOT [Department of Transportation], 1 suppose to make sure that they realize that this is an issue, and we would not like them to start pouring concrete before the appropriate time." Further, Commissioner Miller stated, "I will leave it up to the City Manager and you to track this thing so - DOT [Department of Transportation] doesn't make their decision and it becomes final." INFORMATIONAL B. Not Used. . INFORMATIONAL C. Community Development Department Advising The City Commission That The City Of Winter Springs, The Other Cities Of Seminole County, And Seminole County, Are Working With The Seminole County School District To Enter Into A Uniform Inter-Local Agreement For Public School Facility Planning. "MOTION TO APPROVE" INFORMATIONAL AGENDA. MOTION BY COMMISSIONER MARTINEZ. SECONDED. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. v. PUBLIC HEARINGS PUBLIC HEARINGS A. Community Development Department Presents To The City Commission, The Second Reading Of Ordinance Number 2002-27, Which W.ill Vacate And Abandon A 66.65 Foot ~ong Segment Of A 5 Foot Wide Utility Easement, Located Along The West Side Of Lot 10, The Reserve At Tuscawilla, Phase I-A. . Attorney Garganese read the Ordinance by "Title" only. ~ ~ ~ ~ ~ ~ ~~ ~~ . . . CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 14.2002 PAGE 7 OF 24 Mayor Partyka opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. Discussion ensued on water flow; drainage; and retaining walls. "I MOVE THAT WE APPROVE THE SECOND READING OF ORDINANCE 2002-27." MOTION BY DEPUTY MAYOR GENNELL. MOTION DIED FOR LACK OF A SECOND. Mayor Partyka stated, "At this point in time - there is no action and this does not get approved. There is no vacating or abandoning of this easement." PUBLIC HEARINGS B. Community Development Department Presents To The Commission, The Second Reading Of Ordinance Number 2002-29, To Vacate And Abandon A Segment Of Old Sanford Oviedo Road Right-Of-Way (ROW) And Authorizing The City Manager To Enter Into A Development Agreement Defining The Terms Of The Abandonment Suitable To The City. Attorney Garganese read Ordinance 2002-29 by "Title" only; and explained that this vacation of right-of-way, the adoption of the Ordinance will be contingent upon the developer meeting several obligations beginning on page 2 of the Development Agreement. " Mr. John Baker, A1CP, Current Planning Coordinator, Community Development Department spoke of the Development Agreement and said, "I faxed a copy of that over to Mr. [Vincent] Contestabile and I left him a voice message on his personal phone. I don't see him out here." Commissioner Blake stated, "The Developer's Agreement, condition 'b)' - 'III. b)' page 2, which describes the use of the easement. I would prefer just to see the granting of the easement, not have a Use defined, the Use may be too restrictive, we may need some other use for that at some point in time." Attorney Garganese said, "I can expand the easement - if the Commission desires." Further, Commissioner Blake pointed out, "I see no language in the Ordinance that connects the Development Agreement to the vacating of the right-of-way." Attorney Garganese said, "In Section 4. of the Ordinance, '... this Ordinance shall become effective - should also indicate upon execution of the Development Agreement.'" ~ ~ ~ ~ ~ ~ ~ . . . CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 14,2002 PAGE 8 OF 24 Commissioner Miller then stated, "When you go to the Fues Auto Processing yard, and then go down the brick road to where the ball fields are, where the new school is going to be put in - that brick road is part of the Old Oviedo-Sanford Road - I would just like the City to give some consideration to that. I don't know how far that road goes - if it goes all the way up to where the tire shredder is and it was just paved over? That road was probably built a hundred years ago and we ought to look to trying to retain it, protect it - ifit going to be a future trail." Mr. Alan Hill, Superintendent, Public Works Department addressed Commissioner Miller's remarks and said, "It is something we can readdress in the future." Mayor Partyka opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. "MOTION TO APPROVE ITEM 'B' WITH THE CORECTIONS SUGGESTED BY COMMISSIONER BLAKE." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. PUBLIC HEARINGS C. Community Development Department Presents To The Commission, The First Reading Of Ordinance Number 2002-30, Which Will Vacate And Abandon A 131.00 Foot Long Segment Of A 5 Foot Wide Utility Easement, Located Along The West Side Lot 9 Of Highland Village One (317 Kirkcaldy Lane). "MOTION TO READ BY 'TITLE' ONLY." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. .. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. ~ e::; ~ ~ ~ ~ ~ . . . CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 14,2002 PAGE 9 OF 24 Attorney Garganese read the Ordinance by "Title." Mr. Baker introduced this Agenda Item. Commissioner Miller stated, "On the west side of the easement, I just want to make sure we are not giving away the easement on the North and the South parts." Further, Commissioner Miller said, "As long as that - those dotted lines is - from dotted line to dotted line is 131 feet, that is fine. I just want to make sure it is not 131 feet from the street to the back lot line." Mr. Baker said, "I think that is a good idea. We probably need to modify that to take out the ten feet (10') in the front, and the fifteen (15) in the rear. " Discussion ensued on whether this Ordinance could be done as an Emergency Ordinance. Mr, Brian Mervin, 280 Howard Avenue, Oviedo, Florida: addressed the City Commission on this property and an upcoming Closing. Manager McLemore said to Mr. Mervin, "If it would help, I would be more than happy to send a letter or talk to your lender advising them of the situation that this is in - Title Company, whoever it is." Manager McLemore then explained that "What I would say is this matter has gone for a First Reading; it requires two (2) Readings. There are not any stated impediments to this at this point in time or concerns about it and we would anticipate on Second Reading that it would be passed, and we would put that in the record for you - with them." Mayor Partyka opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. "I MAKE A MOTION THAT WE MOVE ORDINANCE 2002-30 TO A SECOND READING AT THE OCTOBER 28TH MEETING." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: DEPUTYMAYORGENNELL: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. ~ ~ C=d ~ ~ ~ . CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 14,2002 PAGE 10 OF 24 PUBLIC HEARINGS D. Office Of The City Attorney Requests The City Commission Consider First Reading Of Ordinance Number 2002-31 That Would Amend The City Code Regulating Screen Enclosures, Provide A Definition For Screen Enclosure, And Provide For Setback, Height, And Other Requirements Regarding Screen Enclosures Under The City Code. "MOTION TO READ 2002-31 BY 'TITLE' ONL Y." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. Attorney Garganese read Ordinance 2002-31 by "Title" only. . Brief discussion. Mayor Partyka opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. "MOTION TO MOVE TO SECOND READING." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. '. . ~ E;; ~ ~ ~ ~ ~ . . . CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 14, 2002 PAGE II OF 24 PUBLIC HEARINGS E. Community Development Department - Land Development Division Presents To The Commission, In Its Capacity As The Development Review Committee (DRC) The Recommendation Of The Staff DRC As It Relates To The Request Of JDC Calhoun, Inc. (JDC) For A Special Exception To Allow A Pool Supply Store In Building 8 At The JDC Town Center. Mr. Baker presented his introductory comments to the City Commission and stated, "We have no problem with the idea of a pool supply at this location, but we do recommend that there be no outdoor storage or display of any kind and that any chlorine on site would either be liquid or pellet or solid type, there would be no chlorine gas." With further discussion, Commissioner Martinez spoke on the record about pool chemicals. Mr. Shane Doran, James Doran Company, 216 Seven Farms Drive, Suite 200, Charleston, South Carolina: addressed the City Commission on this as a "Special Exception for Use." Mr, Adam Kaminitz, 3925 East Broadway Road, Suite 100, Phoenix, Arizona: as a Market Development Specialist for Leslie's Swimming Pool Supplies, Mr. Kaminitz spoke about Special Exceptions in other locations. Mayor Partyka opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. "I WILL MOVE TO APPROVE THE SPECIAL EXCEPTION - ITEM 'E.'" MOTION BY DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. t ~ ~ ~ ~ ~ ~ ~ . . . CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 14,2002 PAGE 12 OF 24 ADD-ON PUBLIC HEARINGS F. Community Development Department Requests The City Commission Conduct A Public Hearing For The First Reading Of Ordinance 2002-32 To Amend The Official Zoning Map Of The City Of Winter Springs By Changing The Current Designation Of The Approximately 1.0 Acre Subject Property, Located At 240 Old Sanford-Oviedo Road From The C-2 District To The 1-1 District. Mr. Baker introduced this Agenda Item. Commissioner Blake stated, "Point of Order" and spoke of needing the Ordinance to be read by "Title. " Mayor Partyka stated, "We need a Motion to read by 'Title' only." "SO MOYED." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. YOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. Attorney Garganese read Ordinance 2002-32 by "Title" and added that "The Planning Department will be coming back with Administrative Re-Zonings, in the very near future, to do just this for the other properties." Commissioner Miller spoke of the reference to which lots were designated for Public Works and specifically inquired, "I would like to hear more from the City on that in the future, maybe at the next Commission Meeting - if that is all- Public Works?" Mayor Partyka opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input '~portion of this Agenda Item was closed. "MOYE TO MOYE ITEM 'F' TO SECOND READING." MOTION BY COMMISSIONER MARTINEZ. SECONDED. DISCUSSION. ~ ~ ~ ~ ~ . . . CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 14,2002 PAGE 13 OF 24 Tape 2/Side A VOTE: COMMISSIONER MILLER: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. .:. .:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEMS WERE DISCUSSED IN THE ORDER AS DOCUMENTED. .:. .:. VI. REGULAR ADD-ON COMMUNITY DEVELOPMENT DEPARTMENT K.1. Requests That The City Commission, In Its Capacity As The DRC, Consider A Request Of The James Doran Company For Floor Plans And Building Elevations For Building 8 (Multi-Tenant Building West OfPublix). Mr. Baker introduced this Agenda Item. Manager McLemore stated, "The only caveat we want to place on this one is - I just mentioned it a minute ago to the Architect - is we are working to try to work out a better solution to the spandrel type glass." Further Manager McLemore pointed out, "I don't see a need for this to have to come back to this Commission, we are just saying we are going to try and sit down with them and see if we can come up with a solution that looks a little better than that that is currently on the Publix building. I don't think it is going to take a lot of time, but as far as the overall approval of this project, I think it should be conditioned on that - at the Stafflevel." Mr. Rick Maxian, Senior Job Captain, Randall Paulson Architects, 85-A Mill Street, Suite 200, Roswell, Georgia: addressed the City Commission on the issue of the spandrel glass currently on the Publix building, and stated, "We are spec'ing our buildings a lot clearer than that opaque glass that is up on the Publix right now; but I have talked to Ron today about this issue and we've tried to work out some items with Publix - I think we still need to meet a little about that - but I did want to show him some samples of the system we're using for our glass, and I would like to try to build a sample panel out there on the site too, to represent that, so that we can get you a better idea of what's actually going on with our project; because we are not matching this opaque white glass. We did realize that it was a problem, and we have spec'd out something different." Discussion. ~ ~ ~ ~ ~ . CITY OF WrNTER SPRINGS MrNUTES CITY COMMISSION REGULAR MEETrNG - OCTOBER 14,2002 PAGE 14 OF 24 "I MOVE THAT WE APPROVE ITEM - K.l SUBJECT TO THE FINAL DETERMINATION BY STAFF AS TO THE TYPE OF GLASS IN THE UPSTAIRS PORTION." MOTION BY DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. COMMISSIONER MILLER STATED, "I WOULD LIKE THE GENTLEMAN TO FOLLOW THROUGH WITH PUTTING UP A SAMPLE. YOU OFFERED TO DO THAT." WITH FURTHER DISCUSSION COMMISSIONER MILLER ST A TED, "YOU GIVE THE CITY MANAGER THE SAMPLES AND HE WILL CALL ME AND I WOULD LIKE TO TAKE A LOOK AT THEM..." MANAGER McLEMORE STATED, "NO PROBLEM." COMMISSIONER MILLER ADDED, "...IN HIS OFFICE, BEFORE HE MAKES A FINAL DECISION." VOTE: COMMISSIONER BLAKE: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. " . ADD-ON . COMMUNITY DEVELOPMENT DEPARTMENT K.2. Requests That The City Commission, In Its Capacity As The DRC, Consider A Request Of The James Doran Company For Preliminary 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, along with renderings which were shown to the City Commission. Discussion followed with Mr. Maxian and Mr. Doran. Mr. Doran stated, "I'll be back here on the 28th - so part of the new site plan will have the dumpsters located away from the patio area and we will have as much patio seating as we can get." Commissioner Blake then commented that, "It seems to me that the rooflines don't vary enough or the - negative setback if you will, the building doesn't come in and out enough - something that creates more of a - not less of a flat front and more of an interesting varied front." '. Mr. Maxian pointed to a rendering and explained, "That will have brick on this also, so it is actually projecting out one foot six (1 '6") on top of that." Commissioner Blake added, "That is what I am talking about, so maybe that is enough - just to increase the level of definition." Mr. Doran then said, "We will be glad to. It is a bit tight, there is only so much that we can do to get the same square footage - we could work on that." ~ E;; ~ ~ ~ ~ . CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 14,2002 PAGE 15 OF 24 Further discussion. "I MOVE THAT WE REQUEST THE PRELIMINARY FLOOR PLANS AND BUILDING ELEVATIONS ONLY FOR BUILDING I." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. REGULAR A. Community Development Department Presents To The City Commission, The Final Engineering And Site Plan For The Highlands Apartments, Phase II. . This Agenda Item was presented by Mr. Baker. Discussion ensued on the height of buildings and similar size properties. "MOVE IT TO APPROVAL." MOTION BY DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: DEPUTY MAYOR GENNELL: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: NAY MOTION CARRIED. REGULAR B. Community Development Department - City Arborist Recommends The City Commission Consider The Request Of Mr. Uwe Pagenkopf To Remove 2 Specimen Long-Leaf Pine Trees, One Approximately 21 Inches And The Other, 23 Inches In Diameter, From The West Side Of The Lot, In Order To Construct And Maintain A Swimming Pool In The North (Rear) Side. . Mr. Michael Mingea, Arborist/Environmental Inspector, Community Development Department addressed the City Commission. ~ D:9C:I ~ ~ ~ ~ . . . CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 14,2002 PAGE 160F24 Mr. Uwe Pagenkopf, 200 Chestnut Ridge Street, Winter Springs, Florida: addressed the City Commission and handed out documents pertaining to his property and this issue. Discussion. Tape 2/Side B With further discussion, Mayor Partyka stated, "At this point in time Mr. Pagenkopf, no action is going to be provided to - you by this Commission, so what has to happen is either another creative way of handling your issue or some alternative has to be done." REGULAR C. Office Of The City Manager Requests That The City Commission Make An Appointment To The Metroplan Orlando Citizens' Advisory Committee, To Replace Mr. Robert J. Lochrane, P.E. Who Has Recently Resigned. REGARDING THE PROPOSED APPOINTMENT, DEPUTY MAYOR GENNELL SUGGESTED MR. JAMES AVITABILE AND STATED, "HE HAS EXCELLENT CREDENTIALS AND I NOMINATE HIM FOR THAT POSITION." MOTION. SECONDED. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. 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. Commissioner Blake said, "Next Meeting." Commissioner Ma.rtinez stated, "Point of Order" and spoke of time periods for nominating Appointees. Mayor Partyka said, "Commissioner Blake - so noted." ~ ea ~ :== ~ ~ . CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 14,2002 PAGE 17 OF 24 With further brief discussion on whether an Appointment could be made by another Member of the City Commission after a certain period of time, Mayor Partyka suggested, "City Attorney, could you do that, just double check it." Mayor Partyka called a Break at 9:10 p.m. The Meeting reconvened at 9:25 p.m. Attorney Garganese and Commissioner Martinez briefly addressed the Appointment process. Deputy Mayor Gennell added, "It is not uncommon here if any Commissioner is having a hard time locating somebody, if he invites other Commissioners who may have somebody, to recommend to the City Clerk for them - and I think that is appropriate anytime. " REGULAR G. Community Development Department Presents A Request By Tuskawilla Office Park, LLC, For Conceptual Review Of . Entrance Features And Sign age For The Tuskawilla Office Park. Mr. Baker introduced Ms. Sandy Bierly who will present a couple of proposed signage for the Tuskawilla Office Park project. Ms, Sandy Bierly, Tuskawilla Office Park, Owner/Developer, L.L. C, 800 West State Road 426, Oviedo, Florida: presented two (2) renderings and noted her preference for the oval sign with block lettering. With discussion, Deputy Mayor Gennell noted that she was not partial to the lights (on the signage) which were depicted in Ms. Bierly's preferred rendering. Ms. Bierly said, "I wouldn't be opposed to taking this off there, and just light the sign up..." Manager McLemore added, "...1 think the top ornament - as an ornament is good." Ms. Bierly added, "It doesn't have to be a light - I am not opposed to that." Manager McLemore suggested, "Actually you could put a light at the bottom that would shine up on the sign." Ms. Bierly agreed and said, "That's what I was intending to do anyway, so if I removed those it wouldn't be a problem." The proposed signage was further discussed and Ms. Bierly pointed out that "I don't know why this isri'"t noted on here, but the columns are really in brick on that; I don't think they called out that - the detail; but brick is what I intended to use, just like the wall, to tie it together." . ~ ~ ~ ~ ~ . . . CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 14, 2002 PAGE 180F24 "I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE THE SKETCH ON THE SCREEN WITH THE LIGHTING BEING MOVED DOWN TO THE GROUND, SHOOTING UP TO THE SIGN." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER MILLER: NAY COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR GENNELL: NAY MAYOR PARTYKA: AYE MOTION CARRIED. Mayor Partyka commented that "To be consistent with the script - you see the script styling in what we use and all that - you have got the block versus the script on the side, maybe you can do that, and be a little bit more consistent." Mr. Baker stated, "Doesn't she need to come back with a Special Exception?" With discussion, Manager McLemore remarked, "Bring this one back as a Special Exception." Furthermore, regarding the sign age Manager McLemore said, "I think we need to look further in that Ordinance - we will deal with it. If it is allowable, we'll tell you. If it's not, we'll bring it back with a Special Exception." REGULAR E. Community Development Department Requests The City Commission Reconsider Information About Boat Docks. This Agenda Item was introduced by Mr. Baker with findings on the number of possible lots for boat docks. With discussion, Commissioner Miller stated, "I would like see us look to making this - issue more restrictive than it is currently by the St. John's River Water Management District. " Tape 3/Side A Further discussion. "I WOULD LIKE TO MAKE A MOTION THAT THE CITY MANAGER CONTACT THIS ORGANIZATION - BREEDLOVE [BREEDLOVE, DENNIS & ASSOCIATES, INC.] - ARRANGE A SCHEDULE FOR THEM TO COME BEFORE US AND RUN US THROUGH THE PROCESS - I WOULD LIKE TO APPROVE ITEM 'E' FOR CONSULTANT SERVICES." MOTION BY COMMISSIONER MILLER. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. . ~ ~ ~ c:> ~ ~ . . . CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 14.2002 PAGE 19 OF 24 VOTE: COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: NAY COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. REGULAR F. 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. Mayor Partyka stated, "Commissioner McLeod is not here, so we will just postpone that until he gets back." REGULAR H. Office Of The City Manager Requesting That The City Commission Authorize The City Manager To Explore Discussions With The Wincey Family Regarding The Acquisition Of Their Property Located Next To Central Winds Park. Manager McLemore and Mr. Pula presented this Agenda Item. A plan of the Central Winds Park area was shown to the City Commission, and discussion followed. Much discussion. "I WILL MOVE TO APPROVE ITEM 'H.'" MOTION BY DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: DEPUTYMAYORGENNELL: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: NAY COMMISSIONER BLAKE: NAY MAYOR PARTYKA: AYE MOTION CARRIED. ~ ~ ~ ~ ~ . . . CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 14,2002 PAGE 20 OF 24 REGULAR I. Office Of Commissioner Edward Martinez, Jr. Requesting A Discussion Of Commission Rules - Resolution Number 908. Commissioner Martinez suggested that item I., "Should be eliminated because we did away with that a long time ago. An Agenda package shall be made available to Commissioners only on Wednesday - that is unheard of." Further, Commissioner Martinez remarked that Robert's Rules of Order "Shall be the underlying foundation for the conduct of Commission meetings - well, according to Robert's Rules, the Chairman has the right to set limits on debate and I think we have to look at this very carefully." With further discussion, Deputy Mayor Gennell suggested "I think we should continue this a:t a time when all the Commissioners are present." Commissioner Blake stated, "I agree." Commissioner Miller also stated, "I agree." With consensus of the Commission, this was agreed to. REGULAR J. 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). The consensus of the City Commission was to schedule this for a Meeting when Commissioner McLeod was present. .:. .:. AGENDA NOTE: THE FOLLOWING REPORTS WERE DISCUSSED IN THE ORDER AS DOCUMENTED. .:..:. VII. REPORTS REPORTS A. City Attorney - Anthony A. Garganese, Esquire Attorney Garganese advised the Commission that "On October 29th, we will be having the Impasse Hearing with the Firefighters - I would like to talk to the Commissioners on a one-on-one basis, just to go over the Impasse proceeding, before that meeting. Deputy Mayor Gennell inquired, "Do you want us to call you, Anthony?" Attorney Garganese responded, "Yes, feel free to call me." With brief discussion on possible discussions between the Firefighters and Members of the City Commission, Commissioner Martinez stated, "I think you should advise their Attorney to tell them to stop - entering into conversation." ~ ea ~ ~ ~ ~ ~ . . . CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 14, 2002 PAGE 21 OF 24 REPORTS B. City Manager - Ronald W. McLemore Manager McLemore commented on emergency or Add-On Agenda Items and the options available to the City Commission, Secondly, Manager McLemore advised the City Commission that they may hear some unfavorable comments from the media regarding Wyman Fields and their Housing project. Discussion ensued on management companies. REPORTS C. City Clerk - Andrea Lorenzo-Luaces City Clerk Lorenzo-Luaces advised the City Commission and those in attendance of the Testing of the Tabulating Equipment scheduled for Saturday, October 26, 2002 at 10:00 a.m. at the Supervisor of Elections office, in Sanford, Florida. REPORTS D. Commission Seat Four/Deputy Mayor - Cindy Gennell No Report. REPORTS E. Commission Seat Five - David W. McLeod Absent. REPORTS F. Commission Seat One - Robert S. Miller Commissioner Miller remarked about Bill 108 and a class action suit dealing with Heart and Lung problems related to the Police and Firemen issue, and suggested that "I would like Staff to look into it." Manager McLemore commented that "We should try to defeat it and I suggest maybe we do explore that and come back to you what our role would be." '~ ~ ~ ==' ~ ~ . . . CITY OF WfNTER SPRINGS MfNUTES CITY COMMISSION REGULAR MEETING - OCTOBER 14,2002 PAGE 22 OF 24 REPORTS G. Commission Seat Two - Michael S. Blake Commissioner Blake stated that Mr. Joel Blackwell will be addressing "Grassroots Advocacy" on Wednesday, October 23rd, 2002 from 9:00 a.m. until Noon, at the Regional Planning Council, and if anyone is interested to "Call the Tri-County League office or - just tell Andrea [City Clerk Lorenzo-Luaces] and I will coordinate with her on how to make sure that your R.S.V.P." is taken care of. REPORTS I. Commission Seat Three - Edward Martinez, Jr. Commissioner Martinez stated that "I suggested to the Criminal Justice Committee of the League of Cities to include the Billboard Legislation which is also an unfounded mandate on the cities - and they said they are going to look into it." Next, Commissioner Martinez said to Manager McLemore that at "Winter Springs [Boulevard] and Greenbriar [Lane], the sodding has not been done - everything else was done except the sodding." Commissioner Martinez then stated, "I would like to instruct the City Manager that he should make sure that Code Enforcement goes out there and removes every sign out there which is in the public right-of-way." Lastly, Commissioner Martinez spoke about the Tuscawilla Lighting and Beautification District, and stated, "I have been having a problem with this here, and I have been asking that you bring somebody from the Board to answer some questions, and I don't know when we are going to settle this here." With a reference to the Minutes from a September Tuscawilla Lighting and Beautification District Advisory Committee Meeting, Commissioner Martinez added, "I have been asking for somebody to come here to answer some questions, and I can't get anybody - so I am asking you again, for the next Meeting, please have somebody here to answer questions." Manager McLemore stated, "My suggestion is we ought to have a Workshop on this." Commissioner Martinez added, "All right, let's have a Workshop then, whichever way it is that we have to settle this." . ~ ~ ~ ~ ~ ~ . . . CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 14,2002 PAGE 23 OF 24 .:. .:. AGENDA NOTE: THE FOLLOWING ADDITIONAL REPORT WAS GIVEN AS DOCUMENTED. .:..:. VII. REPORTS REPORTS D. Commission Seat Four/Deputy Mayor - Cindy Gennell Deputy Mayor Gennell stated that "I assured Captain [Mike] Noland [Police Department] that I would announce to everybody here - the candidates that when the Police pick up the signs - right now they have been putting them next to the dumpster at the Police Station, but starting tomorrow, they are going to start putting them back here by the sally port." With further discussion, Manager McLemore said "Nobody has talked to me about this. I don't know anything about it." Further, Manager McLemore stated, "He probably needs to check with me - there is a lot of stuff going on back there, but we will look into it. Ifit is possible to do that, I don't have a problem with it." .:. .:. AGENDA NOTE: THE FINAL REPORT WAS GIVEN NEXT, AS DOCUMENTED. .:. .:. VII. REPORTS REPORTS H. Office Of The Mayor - Paul P. Partyka Mayor Partyka commented on a statement read by Commissioner Miller at the October 7, 2002 Meeting and spoke on people supporting others. Mayor Partyka also noted his objection to the references made about the Respite Center matter in the respective letter. With discussion, Mayor Partyka spoke further on the record about Commissioner Miller's letter. VIII. ADJOURNMENT Mayor Partyka stated, "I would like to call a Motion for an Adjournment." MAYOR PARTYKA THEN STATED, "COMMISSIONERS? OKAY SECOND. CALL THE VOTE PLEASE." FURTHER, MAYOR PARTYKA INQUIRED, "IS THERE A SECOND FOR THE ADJOURNMENT?" MAYOR PARTYKA THEN STATED, "MOTION. THERE IS A MOTION TO ADJOURN. IS THERE A SECOND? - OKAY, CALL THE VOTE." DISCUSSION. ~ ~ ~ ~ . . . VOTE: COMMISSIONER BLAKE: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Mayor Partyka adjourned the Meeting at 11: 12 p.m. RESPECTFULLY SUBMITTED: ANDREA LORENZO-LUACES, CMC CITY CLERK APPROVED: PAULP. PARTYKA MA YOR CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 14,2002 PAGE 24 OF 24 NOTE: These Minutes were approved at the .2002 Regular City Commission Meeting, ~ !~ ~ 't:::f