Loading...
HomeMy WebLinkAbout2002 05 13 Consent F Unapproved Minutes from April 22, 2002 City Commission Regular Meeting COMMISSION AGENDA ITEM F Consent X Informational Public Hearings Regular May 13.2002 Regular Meeting Mgr. 1 Dept. Authorization CONSENT F. Office Of The City Clerk Requesting Approval Of The April 22, 2002 City Commission Regular Meeting Minutes. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING APRIL 22, 2002 I. CALL TO ORDER The Regular Meeting of April 22, 2002 of the City Commission was called to order by Mayor Paul P. Partyka at 6:34 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, absent Commissioner Robert S. Miller, present Commissioner Michael S. Blake, arrived at 6:48 p.m. Commissioner Edward Martinez, Jr., present Commissioner David W. McLeod, present City Manager Ronald W. McLemore, present City Attorney Anthony A. Garganese, arrived at 6:39 p.m. A moment of silence was followed by the Pledge of Allegiance. During Agenda Changes, Commissioner Edward Martinez, Jr. asked if Consent Agenda Item "A" could be discussed separately. City Manager Ronald W. McLemore explained that Deputy Mayor Cindy Gennell has requested that Regular Agenda Item 'H" be "Delayed to the next Meeting." Both requests were agreed to. II. PUBLIC INPUT Mr. Mervin Warner, 673 Keuka Court, Winter Springs, Florida: spoke about Consent Agenda Item "A" and asked that there be discussion on this Agenda Item during tonight's Meeting. III. CONSENT CONSENT A. Public Works Department Requesting The City Commission Approve Change Orders #3 And #4 For The Tuscawilla Lighting And Beautification District Project. ~ ~ ~ = ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 22. 2002 PAGE 2 OF 30 CONSENT B. General Services Department Requests That The City Commission Approve An Amendment To Policy Number SRG 0008059987, Effective July 1, 2002, Written For The City By The American International Group (AIG), Which Provides Accidental Death Coverage To Police Officers And Firefighters Pursuant To Sections 112.19. And 112.191., Florida Statutes. It Is Also Requested That The Commission Authorize An Additional Payment Of Premium In The Amount Of Six Hundred Twenty Eight Dollars And Seventy-Five Cents ($628.75) As The Pro-Rated Increase For The Remainder Of FY 2001-2002. City Attorney Anthony A. Garganese arrived at 6:39 p.m. Discussion. CONSENT C. Finance Department Requesting Authorization To Piggyback Off Of The City Of Altamonte Springs Contract For Collection Services On Bad Debts. CONSENT D. Police Department Requesting The Commission To Give Approval To Move Forward With The Proposal From Architects Design Group Inc. For The Completion Of The Public Safety Facility Build-Out As Discussed At The Special Meeting For The 5 Year Capital Improvement Plan On March 4,2002. CONSENT E. Informational Services Department Requesting An Additional Appropriation And Authorization For The City Manager To Contract With Florida League Of Cities For A Consultant To Prepare Information Technology Strategic Plan. Brief discussion ensued with Ms. Joanne Dalka, Information Services Department Director who suggested that, "I feel it would be better if! worked with our consultants." CONSENT F. Office Of The City Manager Requesting Commission Approval Of A Supplemental Appropriation To Fund The Additional Costs Associated With Revisions To The City Video And The Cost Of Reproduction. ~ ~ ~ D=dl ~ ~ ~ ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRlL 22, 2002 PAGE 3 OF 30 CONSENT G. Office Of The City Clerk Approval Of The Minutes Of The April 2, 2002 Special City Commission Meeting. CONSENT H. Office Of The City Clerk Approval Of The Minutes Of The April 8, 2002 Regular City Commission Meeting. "MOTION TO APPROVE CONSENT AGENDA WITH THE EXCEPTION OF ITEM 'A.'" MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. .:. .:. AGENDA NOTE: THE CITY COMMISSION DISCUSSED THE FOLLOWING CONSENT AGENDA ITEM, PRIOR TO THE APPROVAL OF THIS CONSENT AGENDA ITEM. .:. .:. III. CONSENT CONSENT A. Public Works Department Requesting The City Commission Approve Change Orders #3 And #4 For The Tuscawilla Lighting And Beautification District Project. Discussion ensued with Mr. Kipton D. Lockcuff, P.E., Public Works/Utility Department Director and Members of the Commission. Commissioner Michael S. Blake arrived at 6:48 p.m. Commissioner Robert S. Miller said "That section of Winter Springs Boulevard that they are going to put up handrails - I would like to see the County put up something that fits with the architectural ambience with that community as opposed to the things that I see here on 434." Commissioner Miller added, "I think we should seriously look at some alternatives which might be much more attractive than those things." Mr. Lockcuff explained, "The handrails are to be gone." "MOTION TO APPROVE ITEM 'A.'" MOTION BY COMMISSIONER MARTINEZ. SECONDED. DISCUSSION. ~ ~','. . ' I, ~ ~ ~ = ~ CITY OF WINTER SPRINGS "- MINUTES CITY COMMISSION REGULAR MEETING - APRIL 22, 2002 PAGE 4 OF 30 VOTE: COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. IV. INFORMATIONAL INFORMATIONAL A. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. INFORMATIONAL B. Public Works Department Updating The City Commission On The Status Of The Tuscawilla Lighting And Beautification District Project. INFORMATIONAL C. Public Works Department Updating The City Commission On The Status Of The Town Center Roads Project. Mayor Partyka stated, "If anyone wishes to make a Motion to approve the Informational - if it is all self explanatory, we can do that." "SO MOVED." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. ~ ~ ~ ~ ~ ~ ~ CITY OF WIN;[ER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 22, 2002 PAGE 5 OF 30 V. PUBLIC HEARINGS PUBLIC HEARINGS A. Office Of The City Manager/Office Of The City Attorney Requests That The City Commission Consider First Reading Of Ordinance Number 2002-13 Requiring That All Dumpsters Located Within The City Satisfy Minimum Screening Requirements. Mayor Partyka said, "I would like to have a Motion to read by 'Title' only." "SO MOVED." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" only. With discussion on the subject of dumpsters, Commissioner Miller inquired of Staff, "Does anyone know how many there are right now?" Commissioner Miller added, "There are about six (6) or seven (7) of them sitting around and they have been sitting on corners for years now, with used furniture and appliances and stuff just sitting around, so those are the ones that I think need to come into compliance by 1 October - I would like to see that happen, so I would like to see us notify - the owners of those apartment complexes so that they can be in compliance by 1 October." Commissioner Martinez said to Attorney Garganese, "Is there any kind of legal requirement to have drains placed under dumpsters where they are located?" Attorney Garganese was not aware of any legal requirements. Manager McLemore added, "That is not an unusual requirement for commercial establishments, particularly food processing, restaurants. It is not a normal standard for a typical apartment complex, but when you start getting into commercial uses, that is something that we need to look at." Com.rnissioner Martinez then inquired, "Should you have something in here to cover commercial?" Manager McLemore stated, "I think we could add the language that we may require it, if we deem it necessary." Manager McLemore then mentioned some potential difficulties related to dumpsters at the quadraplexes. Commissioner Martinez suggested, "So why don't you extend the date to January instead of October?" Manager McLemore said, "That's probably fair." Commissioner Miller recommended that "I would rather have us notify them and let's see ~......,u, ~ ~ ~ ~ ~ ~ ~ ~ ~ CITY OF WINTER SPRINGS MINUTES CITY <;OMMISSION REGULAR MEETING - APRIL 22, 2002 PAGE 6 OF 30 how it goes. If it's a serious problem a couple of months from now, then we can revisit it. Right now it is five (5) months away and I think that is plenty of time." Commissioner David W. McLeod commented on the costs associated with such enclosures, the engineering specifications, and drainage requirements. Commissioner McLeod explained that "A lot of cities are also requiring electrical at the dumpster site so that they can hook up a pressure washer and clean these dumpsters, so I think that requiring the people to have this done by October is probably a little bit of a burden - I would suggest that perhaps a year from this October, from a standpoint of a time frame to let them get designed by an Architect - and I think you need some consideration whether or not to go ahead and require these things as most cities are now doing, requiring them to have a drain." Regarding an extension of time, Commissioner Blake spoke of the signs in the "434 Overlay District" and his concern with the upcoming deadline regarding signage that should be in "Conformance with the Code." Commissioner Blake added that regarding the signage in this area, "That extension actually is coming up quite soon I believe, and to my count, I still have not yet seen a single sign that has been brought into compliance with the new Code. So we are going to have to come to grips with this again, here in another three (3) months or so as to whether we are going to enforce the Code or build another extension in it for the signs." With further discussion, Commissioner McLeod stated, "I would like to have the City Attorney come back to us with an addition to this thing requiring - commercial restaurants - any food processing areas or any chemical areas that have dumpsters - they need to be able to wash them down, so you need water at the dumpster and also sewage disposal. " "I MAKE A MOTION TO MOVE TO SECOND READING AND THAT THE CITY ATTORNEY BRINGS BACK AN UPDATED VERSION OF THIS ORDINANCE INCLUDING ALL THE GOOD FEATURES THAT WE HAVE DISCUSSED HERE AND INCLUDING THE LAST ONE BY COMMISSIONER McLEOD." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER MILLER. DISCUSSION. MAYOR PARTYKA ADDED, "THE DATE, IN THIS PARTICULAR REQUIREMENT, WAS OCTOBER I?" COMMISSIONER MARTINEZ ST A TED, "I THINK WITH THE CONSENSUS, IT SHOULD BE A MUCH LONGER PERIOD OF TIME - OCTOBER 1, 2003." Commissioner Blake stated, "Point of Order" and mentioned that this lS a Public Hearing. MAYOR PARTYKA STATED, "JUST HOLD THAT MOTION IN ABEYANCE." ~ ~ ~ ~ ~ ~ = ~.. ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 22, 2002 PAGE 7 OF 30 Mayor Partyka opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. MAYOR PARTYKA THEN STATED, "SO JUST FOR CLARIFICATION ON THE MOTION..." COMMISSIONER MARTINEZ STATED, "...THE MOTION STANDS WITH THE ADDITION THAT THE EFFECTIVE DATE OF COMPLIANCE WOULD BE OCTOBER 1, 2003." MAYOR PARTYKA ASKED, "DOES THE SECOND STILL STAND ON THAT COMMISSIONER MILLER?" WITH FURTHER DISCUSSION ON THE MOTION ON THE FLOOR, MAYOR PARTYKA STATED, "TECHNICALLY, YES I THOUGHT IT WAS OUT OF ORDER, ONLY BECAUSE IT WASN'T CLEAR ENOUGH - SO A SECOND IS STILL APPROPRIATE FROM ANYONE WHO WANTS TO MAKE A SECOND." SECONDED BY COMMISSIONER McLEOD. DISCUSSION. MANAGER McLEMORE SPOKE OF THE QUADRAPLEXES AND SAID, "WHERE YOU HAVE NOTHING BUT YOUR TYPICAL - HOUSEHOLD WASTE, DO WE REALLY NEED TO REQUIRE THOSE TYPE PLACES, A COMMERCIAL STANDARD? - I PERSONALLY DON'T THINK WE DO." MANAGER McLEMORE THEN STATED, "WHAT WE MAY BE FACED WITH IS HAVING TO TAKE THOSE UNITS AND CONVERT THEM OVER TO REGULAR TRASH CAN SERVICE, BECAUSE THERE IS NOBODY TO GO - THERE IS NO ENTITY TO GO TO." FURTHERMORE, MANAGER McLEMORE SAID, "WE WILL DO OUR BEST WITH IT AND AS WE GET INTO PROBLEMS WE WILL BRING THEM BACK TO YOU." COMMISSIONER McLEOD ADDED, "THE OTHER THING YOU NEED TO DO IS HAVE CODE ENFORCEMENT IDENTIFY THE LOCATIONS AND WE SHOULD HAVE A LETTER PUT TOGETHER AND IT SHOULD BE SENT OUT NOTIFYING THEM, AND THEN THREE (3) MONTHS BEFORE THE FINAL DATE ON THIS THING AGAIN, THEY SHOULD BE NOTIFIED AGAIN - AND IT MAY NOT BE A BAD IDEA JUST EVERY THREE (3) MONTHS TO NOTIFY THEM OF THE DATE." ~ ~ ~ ~.,... ~ ~ ~ ~ ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 22, 2002 PAGE 8 OF 30 VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER MILLER: NAY COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: NAY MAYOR PARTYKA: AYE MOTION CARRIED. Further discussion ensued on the definition of dumpsters. Manager McLemore added, "We just need to add the words 'Bulk container.'" Commissioner Blake stated, "I don't think it adequately addresses commercial areas - I agree with Commissioner Miller that the problem - we ought to handle it the right way and I would rather that we not water it down - and any of these special circumstances we just have to work on them." VI. REGULAR REGULAR A. Community Development Department Requests The City Commission Receive Information About Boat Docks. (This Agenda Item Was Previously Listed On The March 25, 2002 Regular Meeting Agenda And The April 2, 2002 Special Meeting Agenda As Regular Agenda Item uK.'') Mr. Charles Carrington, Community Development Department Director introduced this Agenda Item and introduced Ms. Penny Copel. Ms. Penny Capel, Senior Scientist, Breedlove, Dennis & Associates, Inc., 330 West Canton Avenue, Winter Park, Florida: addressed the Commission regarding this topic. Discussion. Tape l/Side 8 Commissioner Miller suggested, "That this City Commission this evening very seriously consider, I know I would support it tonight, the passage of a moratorium on boat docks until such time that we are able come to grips with what the impact of this is going to be on the lake, because the number of boat docks which have already been built is not significant, but if we don't come to some very strong decision like this to protect the lake, protect what is our only natural asset - I think we are going to be in deep trouble because once they start, you can't recover it. So that would be my suggestion - I would ask this Commission to consider passing a moratorium this evening on all boat docks that have not been approved - say at the end ofthis month." ~ ~ ~ ~ ~ ~," ~ ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 22, 2002 PAGE 9 OF 30 Commissioner Martinez recommended that "At this time, provide the City with an Ordinance that would be clear and would make sure that there is enough meat in it to prevent further damaging of Lake Jesup by future property owners that want to build docks there. What I am suggesting - I am not requesting or supporting a moratorium, I don't think we could do that legally, but I am suggesting that the City Attorney draft an Ordinance and bring it back to us for consideration." Discussion followed on what the City Commission should do. Commissioner Blake said, "I am having some difficulty grasping the value of what we are trying to do because given the size of the lake and the very few areas available for any development at all along the lake, I don't see a large pressure and haven't to this date seen a lot of pressure for boat dock construction out there." Manager McLemore added, "I thought when we had this discussion before that we talked about the State's permitting involved - and the fact of developing criteria and having an entity to be able to review that scientifically was far beyond our means and the Commission basically agreed not to go forward." Discussion ensued on permitting; the side setbacks of some lots III the Parkstone subdivision; and Riparian Rights. "I MAKE A MOTION THAT WE DO NOT APPROVE ITEM 'A' FOR ADDITIONAL FUNDING NOR DO WE CHANGE ANY' OF THE RECOMMENDATIONS IN OUR PRESENT CODE." MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. COMMISSIONER MARTINEZ STATED, "WE NEED SOMETHING LIKE THIS TO TRY AND HELP THE STATE AND EVERYBODY ELSE PRESERVE THE STATE OF THE LAKE, ONCE THEY SPEND THE KINDS OF MONEY THEY ARE LOOKING TO INVEST INTO THE CLEANING UP OF LAKE JESUP." MANAGER McLEMORE ADDED, "THE NEW INFORMATION THAT WE HAVE TODAY THAT WE PROBABLY DIDN'T HAVE IN THAT DISCUSSION WHEN WE LOOKED AT THIS BEFORE WAS THAT THERE APPARENTLY IS GOING TO BE A REAL EFFORT AT THIS POINT IN TIME TO CLEAN THE'LAKE UP AND WE MIGHT GIVE SOME CONSIDERATION TO ANOTHER LOOK AT THIS." Commissioner Martinez said, "Point of Order H and commented for the record about what he hadjust stated. ~ ~ ~ ~ ~ ~ ~.'" ~ = ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 22, 2002 PAGE 10 OF 30 VOTE: COMMISSIONER MARTINEZ: NAY COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: NAY MAYOR PARTYKA: AYE MOTION CARRIED. REGULAR B. Utility Department Presenting Alternatives For Implementation OrThe Utility/Stormwater Rate Study. Mr. Jack Burgiel, Public Resources Management Group, Inc., 225 South Swoope Avenue. Maitland, Florida: addressed the Commission. Discussion. ' Tape 2/Side A Further discussion. Commissioner Blake inquired if "Going from - 'Option l' to 'Option 2,' the usage rates stays the same?" Mr. Burgiel agreed and said, "Yes." Commissioner Blake then said, "But your going from 'Option l' to 'Option 2' on your base charges are different for the two (2) and I am wondering why the flat rate goes up forty cents ($.40) and the metered rate would go up fifty-five ($.55) cents?" Commissioner Blake then asked, "Why would you have a flat rate of $8.40 if you are going to have meters?" Mr. Burgiel agreed and stated, "You are correct - it shouldn't be there, my error." Furthermore, Commissioner Blake stated, "The forty cents ($.40), the fifty-five ($.55), mathematically you should either both be forty (40) or both fifty-five (55), but not mixed - if you have the same number of customers and if the difference between is installing the meters or covering the costs of the meters and it's a customer charge, it is forty cents ($.40), times the number of customers of fifty-five (55), times the number of customers - it should be the same number." Commissioner Blake then explained, "That math is going to be the same for both 'Option l' and 'Option 2' and that is where your eight dollars ($8.00) comes from - the difference is the forty cents ($.40). Ifwe have a fixed base charge or the fifty-five (55), if we have a meter charge, those two (2) numbers I am arguing should be the same. Which one should they be?" Mr. Burgiel responded, "It should be the forty cents ($.40)." Commissioner Blake added, "So it should be three dollars and forty cents ($3.40) plus the variable charge?" Mr. Burgiel agreed and said, "Yes - you are correct." ~.;, ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 22. 2002 PAGE II OF 30 "Impact Fees" versus "Service Availability Charges" was next discussed. Manager McLemore stated, "I think we have always - Kip [Lockcuff] - we've considered this to be a restrictive fund, haven't we?" Mr. Lockcuffresponded, "We don't segregate it." With discussion, Commissioner Blake inquired, "Isn't there a new meter installation charge for existing customers that before have not been metered?" Mr. Burgiel stated, "No, because you would cover it in the monthly fee." Commissioner Blake then said, "Is the monthly fee going to be different for a new development - new customer that is putting in a new meter?" Mr. Burgiel responded, "That would be a judgement call. I would say you know, if you want to keep everyone in the same playing field, charge them the $8.40 and waive it." Commissioner Blake stated, "So, in other words, don't charge a new meter installation charge for a new customer." Regarding Fire Protection Charges, Commissioner McLeod inquired, "On the Fire Protection Charge, are you saying that if an establishment - like this building is sprinklered, that you would charge - a monthly fee to this building, because it is sprinklered?" Mr. Burgiel stated, "Technically, yes." Commissioner McLeod then pointed out that "The purpose of sprinklering this building is to have less losses of fire damage within the City and for the Fire Department - we implemented regulations requiring the sprinklering of the building over a certain square footage in order to have less loss of building damage, and now we are going to charge the people to do that - it costs twenty, forty, fifty thousand dollars, depending upon the size of a building to put this system in, and now you are going to charge them a monthly fee to help save our fireman?" Commissioner McLeod further stated, "I am personally one that would be in disagreement with that Ron [McLemore], from a practical standpoint." Increment service, sizes of lines, flow were and stormwater issues were next discussed. Commissioner Blake stated, "We do need to make sure that we have a provision if we do enact that and - to make sure that we recognize current outstanding agreements to certain areas that are not in the City that we do provide water for - water and sewer in fact." Mr. Lockcuff stated, "The twenty-five percent (25%) surcharge?" Commissioner Blake stated, "Don't we have an Agreement that in part of the Tuscawilla PUD, going into Oviedo that would preclude us from charging that twenty-five percent (25%) surcharge if they desire to take water from us?" Mr. Lockcuff agreed that, "We can get Counsel to look at that." Commissioner Blake added, "I know there is an Agreement that goes back to '71'or something like that?" Mr. Lockcuffstated, "We can look at that." Commissioner Miller remarked about reclaimed water, and said "I think the inequity between the two (2) costs right now is a distinct advantage to people that are on reclaimed water as opposed to those who are not and I don't know how that could be rectified but I think it's something that - I mean if it is that significant I would like to look at that very seriously before we pass this." ~ ~ ~ ~ ~.,.' ~ ~.."".' ~ ~,."'." ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 22, 2002 PAGE 12 OF 30 Commissioner McLeod said, "I will yield to the Commissioner to make the Motion with the exception I do want to make sure we get all the Commissioner's agreement to remove this Fire Protection new charge." "THE MOTION IS ON POTABLE WATER, 'OPTION 2.' WASTEWATER, 'OPTION 2;' ON RECLAIMED, 'OPTION 2' WITH THE CORRECTED NUMBER OF $8.40 BASE CHARGE; $3.40 BASE CHARGE WITH METERED CONSUMPTION RATES AS STATED ON TOP OF THAT. STORMWATER- 'OPTION 1.'" COMMISSIONER BLAKE CONTINUED, "STORMWATER 'OPTION l' WAS THE RECOMMENDATION OF THE CONSULTANT - I BELIEVE WAS THE $1.21 INCREASE - ALTERNATIVE 1, AS STATED IN THE PACKET - FOR STORMWATER. ON THE OTHER MISCELLANEOUS CHARGES, ALL THE FEES AS RECOMMENDED WITH THE EXCEPTION OF THE FIRE PROTECTION CHARGE - THE NEW FEE THAT WOULD NOT BE IMPLEMENTED - AND A REQUIREMENT FOR A REVISIT OF THIS RATE STRUCTURE IN THREE (3) YEARS FROM IMPLEMENT A TION." MOTION BY COMMISSIONER BLAKE. MOTION DIED FOR LACK OF A SECOND. "I AGREE WITH EVERYTHING IN THE COMMISSIONER'S MOTION WITH THE EXCEPTION OF THE WATER AND WASTEWATER TO GO TO NUMBER '3' WHICH GAVE IT 6.75 I BELIEVE OR SOMETHING LIKE THAT - OVER THREE (3) YEARS, RATHER THAN OVER TWO (2) YEARS; AND THE STORMW ATER TO USE 'OPTION 2,' RATHER THAN 'OPTION 1,' AND THE RECLAIMED WATER AS THE COMMISSIONER SAID, 'OPTION 2' - AND EVERYTHING ELSE AS THE COMMISSIONER PREVIOUSLY SAID." MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER MILLER. DISCUSSION. "I WILL MAKE AN AMENDED MOTION TO CHANGE THE STORMW ATER OPTION FROM ALTERNATIVE '2' TO ALTERNATIVE '1.'" AMENDMENT TO THE MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: (ON THE AMENDMENT) COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. ~.,'...; ~ ~.'...'...,'..",' 11,_ ... , . ~ ~.,.,...." ~ ~.' ~ cs:~ .''iJ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 22, 2002 PAGE 13 OF 30 VOTE: (ON THE MAIN MOTION, AS AMENDED) COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. Tape 2/Side B Mayor Partyka called a Break at 8:53 p.m. The Meeting reconvened at 9: 12 p. m. REGULAR C. Community Development Department 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 Buildings 9,11,13 And 14. Mr. Carrington addressed the Commission on this Agenda Item. Mayor Partyka advised Mr. Carrington that "If there are any kind of copies or anything like that, we have the reporter here for the Sanford Herald, he would like to SCOop the Sentinel [The Orlando Sentinel] in terms of promoting us with pictures and those kind of things and so I have already set up with the Doran Company to get him some things on email and also if we could provide anything like that, he has already said that he will support us in terms of promoting our City and what is really happening here." Mr. Carrington began a review of the revised plans and explained that the "Elevation facing the street must be showcased, rather than the elevation facing the parking lot. They have made revisions to the drawings and those drawings were received at a later date. In addition, the Code requires that doors or entrances - at intervals of no more than fifty feet (50') and they require transparent windows of no less than fifty percent (50%) of the wall facing the streets. We would ask that the DRC [Devlopment Review Committee] ask the developer to demonstrate that he has met those requirements." Furthermore, Mr. Carrington stated, "On the April the 19th revision, Building 9, East Elevation now appears to meet the Code requirements. The South Elevation does not appear to have the doors as required in the Code. It does show one (1) door. The developer - again I should state - should demonstrate to the Commission that he meets these requirements." m ~ ~ ~ ~ ~ ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 22, 2002 PAGE 14 OF 30 Mr. Carrington then stated that "Building 2, which is on the corner of [State Road] 434 and Tuskawilla [Road], the portion of that building facing State Road 434 is shown on this site plan and on the site plan in your package as being one (1) story. I think that is an error. I have been told by Mr. Shane Doran that it is an error, but I did want to for the record cal1 that to your attention. That also should be addressed by the applicant tonight. All the other buildings are just shown as one (1) story. On al1 of the previous plans, we have required the Engineers and the Architect's to state 'One (1) story with a parapet wall,' to give the design impression of a two (2) story building. This site plan does not reflect that." Mr. 'Carrington corrected his previous statement by saying that "I meant Building 1." Next, Mr. Carrington introduced Mr. Leigh Colyer, Construction Manager for the James Doran Company and Mr. Alex Paulsen, an Architect with Randall Paulson. Mr. Leigh Colyer, James Doran Company, 216 Seven Farms Drive, Suite 200, Charleston, South Carolina: as the Construction Manager for the James Doran Company, Mr. Colyer addressed the Commission. Mr. Alex Paulson, Principal, Randal! Paulson Architects, 85-A Mill Street, Suite 200, Roswel!, Georgia: advised the City Commission, "Al1 of the Elevations vary a little bit in color, and as Leigh [Colyer] had just mentioned, when you are dealing with Elevations on different types of paper, you are going to get different qualities of colors, so what we brought to share with you all is the actual colors and materials that we'll be using on here, on both the shops and the Publix - the colors we're pulling from the Publix specifications and added to this palette, as well as a couple of additional colors - so we're all in the same family here." Further Mr. Paulson stated, "Just to kind of go over these building materials we have got in here several brick types that will be used throughout, whether in a dark field or a light field, mixing it again to give some of the differentiations there. We've kind of kept some of the architecture similar through the facility because you don't want to get chaotic with it but you want to keep some of the similarities so they all look like they relate to each other somewhat. These are some of the metal colors that are being used whether for coping or for storefront. This row here is the synthetic stucco finishes and we have got six (6) different variations and are still looking at those. And then we've got canopy colors that are really not showing up on the screen there, but we have got a variation of a tan, gteen, sort of a blue, and a burgundy and then taken off of each one of those colors - it comes in a stripe so you have got a play of both solids and stripes throughout the Town Center." Mr. Paulson then passed samples of the selected colors to Members of the City Commission. ~ ~ ~ ~ ~ = ~ ~ CITY OF WINTER SPRlNQS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 22, 2002 PAGE 15 OF 30 Mr. Paulson then stated, "Some comments were made with respect to the cornices here and as you can see in the rendered part, we have kind of developed a little more of a cornice in this area, and kind of detailed the brick more to give kind of an old feel. We want to use as much brick where brick is apparent - we want to make as much detailing as we can in the brick so it is just not flat. A couple of the building were pulled closer together to get away from that reveal." Commissioner McLeod stated, "Now on 9, you have changed your cornice?" Mr. Paulson responded, "Primarily, the cornice on that Elevation - the buildings have been pulled closer together on that particular one, and these are flip-flopped so it's a little confusing how that is going, and the parapet has also changed on this right here, because it was getting to flat going across that fayade. We added some variation in that area, and you can see here where we are suing the - stripes mixing again with the solids, so there is some play on the Elevation." Mr. Paulson then explained that "On Building 11, the change that was made on this one was again the cornice work, the brick detailing. You can see in your older package that main fayade in the middle has a separation reveal running down either side. That's been pulled together, then we have detailed the cornice again more with the brick, as well as running it to the adjacent building, so it has a little more of a monolithic appeal to it. Looks like three (3) shops, or it could be one (1) shop depending on how that is leased out. More study was done to all the finishes - on the upper floor, to give them more depth and more dimension. They appeared a little flat to start out with and we kind of addressed some of those to start defining some of the detailing that was actually going around the windows and all, and shutters. I believe a couple - of the areas of shutters were changed out as welL" Commissioner McLeod stated, "Are we going to get revised drawings of the detail?" Mr. Paulson responded, "I can send whatever I need to send from that aspect." Commissioner McLeod then inquired, "Is Staff requesting revised upgrades of this?" Mr. Paulson responded, "We'll provide copies of this to Charles [Carrington] and I guess Charles, whatever we need to distribute accordingly so that you all will have something on file to show the change from step 1, 2, 3 - this is our last change..." Commissioner McLeod added, "...I just want to make sure we have it and it's dated - what Commission Meeting it was presented at." Mr. Paulson said, "We'll get that to you in whatever format, whether it is full size or half-size - not a problem." Mr. Carrington stated, "I am still concerned with the building facing [State Road] 434, I believe that is Building 9 - again, the Code requires a door, at least every fifty feet (50')." Mr. Paulson explained, "What it's showing is one (1) on the corner entrance and I believe the other one on this side, it's coming from this side here, so it could be a variation from that standpoint. But, I am noticing that we have revised this to bring the glass all the way down so that could be an opportunity to put a door along this front fayade where previously it was just windows." - ----. ...:...~. ~.'''....' ~ ~ ~ G=i8iJ ~ ~ ~.'.' ~ ~ ~ ~ '. CITY OF WINTER SPRlNGS MINUTES CITY COMMISSION REGULAR MEETING - APRlL 22, 2002 PAGE 16 OF 30 Regarding glass, Mr. Paulson stated, "One of the comments from the Staff was to introduce more glass." Mr. Paulson added that "We've got a combination of open glass with a crash bar, glass with metal panels, solid glass going all the way down just to give kind of a variation of what's going on through the years." Commissioner Blake then said to Mr. Paulson, "I thought you had shown one (1) drawing that had a new door added on to it, on that side - so, I guess that is still an outstanding issue then?" Mr. Carrington stated, "I'll just bring it to your attention. I think the Architect should go back and review the plans and make sure he meets the glass requirement, fifty percent (50%) and he also meets the requirement for a door, or asks for a Variance." Commissioner Blake then explained, "I was actually concerned about the North Elevation on Building 9 and I think there is a similar Elevation like that on 13?" Mr. Carrington stated, "The North Elevation does not face the street. The East Elevation faces the street and the South Elevation - those are the two (2) that I am concerned about." Commissioner Blake stated, "I wish we had a site plan that showed all of the eventual buildings. " Mr. Paulson stated, "In response to your North Elevation on Building 9, what you are seeing - we have taken it one (1) further step with accent bands and colors to break up that empty wall, so you are seeing some delineation on this Elevation - and you don't see that on your package right now." Manager McLemore spoke about the porch or colonnade of Building 9. Commissioner Miller stated, "I think it's a good idea. I would like to see it come out even further though where it really becomes an overhang - in other words, people could sit under there. " "I'LL MAKE A MOTION THAT WE APPROVE THE DRAWINGS AS REVISED, AS WAS DISCUSSED TONIGHT FOR BUILDINGS 9, 11, 13, AND 14 SUBJECT TO THE DEVELOPER DELIVERING TO US THE REVISED DRAWINGS." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. COMMISSIONER MARTINEZ INQUIRED, "DOES THE MOTION INCLUDE WHAT MR. CARRINGTON STATED?" COMMISSIONER BLAKE RESPONDED, "YES." VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. ~ ~.' ~ ~..,'''. = ~ ~ CS:~;~ ~ ~...'.'....'..' ~ CITY OF WINTER SPRlNGS MINUTES CITY COMMISSION REGULAR MEETING - APRlL 22, 2002 PAGE 17 OF 30 Mayor Partyka advised Mr. Paulsen that he has been invited to make a presentation on June 20th at the Seminole County/Lake Mary Regional Chamber of Commerce, and "They have asked me to speak on the Winter Springs Town Center, and one of the things that they have asked for are things like slides about the project - also 600 8W' x 11" marketing flyers." Mayor Partyka asked Mr. Paulson for his cooperation with this. Manager McLemore next advised the Commission about the "Traffic light or the signalized intersection, if you will recall, the second intersection which would be approximately 100 yards - 200 yards to our left, was the second planned intersection. If you will recall, that was something we were negotiating around and just never did get there and based on our review, I think I would like to request that we go ahead and start the design studies on this right away. I think it is going to be critical to the traffic circulation in the Town Center. There are some circulation issues that we have had to try and overcome. I would like the authority from the Commission to go ahead and start the design of that signalized intersection to bring back to you as soon as possible for review, and that would be funded out of our Impact Fees." Mayor Partyka clarified, "It's the light at the intersection of Hickory Grove Park Road?" Manager McLemore stated, "That's correct." "I MAKE A MOTION WE GIVE THE CITY MANAGER THE APPROVAL TO GO AHEAD AND START THE DESIGN WORK ON THAT - FUNDED BY IMPACT FEES." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. COMMISSIONER McLEOD STATED, "I WILL HAVE TO ABSTAIN - I OWN THE PROPERTY DIRECTLY ACROSS THE STREET FROM THAT." , VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: ABSTAINED MOTION CARRIED. Manager McLemore then explained, "We have a situation where it involves the elevations of the buildings in their relationship to the street elevation - Tuskawilla [Road] whicH will be Main Street. The design of the stormwater system was a challenging design, in order to gravity flow the water flow out of there; and the design that was ultimately recommended by the - Engineer resulted in a design that has close to a five foot (5') differential in Elevation between the first floor of the building pad, and the existing elevation of Tuskawilla Road." ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 22,2002 PAGE 18 OF 30 Further, Manager McLemore stated, "The solution is to get the buildings back down to a reasonable elevation with the street. Manager McLemore explained, "Our recommendation was that all the parties share this cost differential one third. The owner one third, the City one-third, and our consultant one-third." Discussion. Tape 3/Side A Mr. Colyer explained to the City Commission what would be involved to solve this problem. Discussion followed. "I MAKE A MOTION TO APPROVE AN EXPENDITURE OF $22,000.00 FOR THE STREETS CAPE CONSTRUCTION FROM THE 1999 REVENUE BOND FUND." MOTION BY COMMISSIONER BLAKE. SECONDED. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE' COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. Commissioner McLeod spoke of his concerns. Mr. Colyer stated, "I don't have the authority to approve this. It will have to go to the Doran's - it will go to the Doran's." Commissioner McLeod then stated, "I think what your approval is Ron [McLemore], that you have the $22,000.00 - if all parties come to the table to agree to that." Manager McLemore stated, "Right." REGULAR D. Office Of The City Manager/Office Of The City Attorney Request That The City Commission Consider Referring Ordinance 2002-14 To The Planning And Zoning Board For Review And Recommendation. "I MAKE A MOTION THAT WE APPROVE ITEM 'D' AS REQUESTED." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. ~.'.-.' ~ ~ ~ ~,'-..'. ~ ~ ~",...,. " t,l L. eg.::;] CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRlL 22, 2002 PAGE 19 OF 30 REGULAR E. Office Of The City Manager Providing The City Commission With Information Pertaining To The Seminole County Archeological Survey. (This Agenda Item Will Be On The May 13, 2002 Regular Meeting Agellda.) No action was taken at this Meeting. .:..:. AGENDA NOTE: THE CITY COMMISSION AGAIN DISCUSSED THE FOLLOWING REGULAR AGENDA ITEM. .:. .:. VI. REGULAR REGULAR D. Office Of The City Manager/Office Of The City Attorney Request That The City Commission Consider Referring Ordinance 2002-14 To The Planning And Zoning Board For Review And Recommendation. Commissioner McLeod stated, "On 'D,' I would just hope that'D' would get to the P and Z [Planning And Zoning Board/Local Planning Agency] and back to us fairly quickly." Commissioner McLeod further stated, "I would like to see it at their next Board Meeting. " Mayor Partyka said, "Ron [McLemore] would pass that on to them." .:..:. AGENDA NOTE: THE CITY COMMISSION NEXT DISCUSSED THE FOLLOWING REGULAR AGENDA ITEMS, IN THE ORDER AS DOCUMENTED. .:. .:. VI. REGULAR REGULAR F. Community Development Department Requests The City Commission Receive New Information On ADA Paratransit Ridership In And Around The City And Consider Making A Pro Rata Share Contribution Toward Operating Costs In FY 2002 To 2003. Manager McLemore introduced this Agenda Item to the City Commission. Discussion ensued with Mr. Earnest McDonald, AICP, Advance Planning Coordinator, Community Development Department on this issue. ~ ~ ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 22, 2002 PAGE 20 OF 30 Commissioner Miller stated, "I support this type of a thing, but I think we all should pay our fair share - I just question the data." Further discussion followed on the % mile distance. Furthermore, Commissioner Miller stated, "I would support paying our fair share, but I would like to see a challenge to their data and ask them to justify it to your satisfaction and bring it back in two (2) weeks." With further discussion on the % mile criteria, Commissioner Martinez stated, "We need more data." Discussion followed on what would happen if we didn't pay it and what other cities have done. "I WILL MAKE THE MOTION THAT THE CITY OF WINTER SPRINGS FUNDS $52,516.00 FOR ONE (1) YEAR ONLY CONTINGENT UPON AN INTERLOCAL AGREEMENT BEING ENTERED INTO BETWEEN THE COUNTY OF SEMINOLE AND WINTER SPRINGS FOR THE IMPOSITON OF A NEW FUNDING SOURCE FOR THIS PROJECT NEXT YEAR AND FOR THE REPAYMENT OF THE FUND EXPENDED BY WINTER SPRINGS OVER NO MORE THAN TWO (2) YEARS OUTSIDE OF THE YEAR THAT WE WOULD BE FUNDING." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: NAY MOTION CARRIED. ~ REGULAR H. Fire Department Requesting The City Commission To Discuss Senior Transportation And To Provide Further Direction. As stated previously at the beginning of the Meeting, Manager McLemore advised the Commission that Deputy Mayor Cindy Gennell had requested that Regular Agenda Item 'H" be "Delayed to the next Meeting." No action was taken at this Meeting. REGULAR I. Parks And Recreation Department Requesting The City Commission To Authorize The City Manager To Execute The Agreement Between The City Of Winter Springs, The Oviedo/Winter Springs Lion Club Inc., And The Winter Springs Festival Of Arts, Inc. For A Winter Springs Art And Music Festival. (This Agenda Item Will Be On The May 13,2002 Regular Meeting Agenda.) CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 22, 2002 PAGE 2\ OF 30 No action was taken at this Meeting. REGULAR J. Office Of The City Manager Respectfully Requesting That The City Commission Of The City Of Winter Springs Consider Endorsing The Recent Recommendation Of City Of Lake Mary Commission Member, The Honorable Gary Brender, Who Was Recently Renominated To The Seminole County Expressway Authority (SCEA), By The Members Of The Council Of Local Governments In Seminole County (CALNO). Brief comments were made. "I'LL GO AHEAD AND MAKE A MOTION - FOR APPROVAL." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: ABSENT FOR THE VOTE MOTION CARRIED. REGULAR K. Parks And Recreation Department Requesting The City Commission To Make The Remaining Appointments To The Newly Established Paw Park Committee. "I WOULD LIKE TO - NOMINA TE FOR THE COMMITTEE, DIANE FERRARO - A DOG OWNER WITH INTEREST IN USING THE FACILITY." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. "MY APPOINTMENT IS BYRON GIL TZ." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER MILLER. DISCUSSION. ~ ~ ~ r~ ~ ~..'." ~ ~ ~ ~.,'. ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 22, 2002 PAGE 22 OF 30 MAYOR PARTYKA INQUIRED, "AND BYRON GILTZ IS A DOG TRAINER?" MAYOR PARTYKA THEN STATED, "WE HAVE TO HAVE ACCORDING TO THE ORDINANCE - THERE HAS TO BE A DOG TRAINER." MAYOR PARTYKA SAID TO ATTORNEY GARGANESE, "WE'RE TIED INTO THIS, AREN'T WE?" ATTORNEY GARGANESE RESPONDED, "UNLESS YOU AMEND THE RESOLUTION - THE ONLY PERSON YOU NEED TO APPOINT IS THE DOG TRAINER." Commissioner Miller stated, "Point of Order" and commented on the previous discussion. Mr. Bob Rucci, 973 Turkey Hol/ow Circle, Winter Springs, Florida: addressed the Commission and suggested several individuals who might be considered for appointment. Discussion. "I WOULD LIKE TO MAKE A MOTION THAT WE CHANGE THE RESOLUTION TO REFLECT AN ADDITIONAL DOG OWNER WITH INTEREST IN THE FACILITY AND DELETE THE REQUIREMENT FOR DOG TRAINER." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. Commissioner Martinez stated, "Point of Order" and spoke about personal comments. VOTE: COMMISSIONER McLEOD: NAY COMMISSIONER BLAKE: NAY COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE MAYOR PARTYKA: NAY MOTION DID NOT CARRY. "I WOULD LIKE TO MAKE A MOTION MAYOR THAT WE INCREASE THE SIZE OF THE COMMITTEE TO SEVEN (7) MEMBERS AND THAT THE LAST THREE (3) WOULD BECOME FOUR (4) DOG OWNERS WITH AN INTEREST IN USING THE FACILITY AFTER IT IS COMPLETED AND THAT WHATEVER COMMISSIONER HAPPENS TO COME UP WITH A - DOG TRAINER AT THE NEXT MEETING CAN MAKE THAT NOMINATION." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. ~ ~...: ~ ~ ~ ~ ~ ~ ~.'...'.::. ~ ~ ~ CITY OF WINTER SPRJNGS MINUTES CITY COMMISSION REGULAR MEETING - APRJL 22, 2002 PAGE 230F 30 VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: NAY COMMISSIONER BLAKE: NAY MAYOR PARTYKA: NAY MOTION DID NOT CARRY. Mayor Partyka said, "This Resolution calls for one (1) - dog trainer on this group to make it a viable practical workable group. My only thought maybe is, Bob Rucci you happen to know the most about all this, perhaps you can come up with several people that would qualify under this okay, and maybe you could share that information with Commissioner Martinez. " Tape 3/Side B REGULAR G. Public Works Department Presenting The Recommendations For Traffic Calming On Seneca Boulevard. Discussion ensued with Mr. Lockcuff regarding the issue of Traffic Calming and possible funding sources. Commissioner Miller stated, "I understand if you look ~t the Action items that we have outstanding, I think one of them is that Staff is supposed to present to us a - list of the areas of the City that are in need of this, because I think we definitely need to put a priority on this, and I don't know where this fits in on that, but I would like to see that from Staff before we seriously go further with this." Commissioner Miller then stated, "I know we are paving Fisher Road right now, and Lake Drive is about to be four-Ianed, probably in the next two (2) years; I suppose which will make Murphy Road facing onto a four-lane highway which is probably going to have eight (8) or ten (10) times the volume it does right now, so by the year 2005 they may need traffic calming ten (10) times worse than some of the roads that we think need it today but we will have already allocated the funds. So that's what I would like to see in this plan which - it's on our Action Items, I mean I have seen it and we are supposed to get this from Staff, so I would like to see that first and maybe have this as part of that." Mr. Lockcuff suggested, "I would suggest we develop a pilot program, whether it is Seneca [Boulevard] or not." Commissioner Miller added, "You still have on your desk right now a petition signed by about thirty-five (35) or forty (40) people from another road over here where they asked for Traffic Calming and there was no money at the time, but I think that's probably a valid issue." Manager McLemore suggested, "There is a lot of debate how to handle it so I think what we are going to have to do is come back with just a discussion item on how do you get to that particular plan - there are pros and cons to different approaches, and I think we need ~._f. ~ ~.'R,.t:..... c. .., , .., "-,,. ." ~ ~ ~,'.,'."'.'c ~ ~ c:g) CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRlL 22, 2002 PAGE 24 OF 30 to have that discussion, so we can try and get everybody on the same page about which alternative approach we should try to follow, and maybe we can do it at your next Meeting with Mr. Lockcuff." Mr. Lockcuff stated, "I would suggest this is worthy of a Workshop." Commissioner Blake suggested, "I think the obvious next step on this is to involve the homeowners there, they are the ones that are going to be affected by it most." Commissioner Blake added that "I think the numbers sound a little high, quite frankly I think there are some ways to get the desired effect and get the same level of service with some fewer dollars." Commissioner Blake added, "I think you need to get the homeowners involved there, hear what they have to say. If they are not going to buy into it then I think we need to look elsewhere with the dollars." "I MAKE A MOTION THAT WE SCHEDULE A WORKSHOP AND INVITE THE FOLKS WHO LIVE THERE TO COME IN AND HAVE A DISCUSSION AND SEE WHERE THEY WANT TO GO." MOTION BY COMMISSIONER BLAKE. MOTION DIED FOR LACK OF A SECOND. Discussion. Commissioner Miller stated, "I had asked Andrea [Lorenzo-Luaces, City Clerk] to draw up the list of Action Items that are still open that we are supposed to briefed on by the City. One of those is either an Informational Item - but the Item is Traffic Calming, prioritized for the City. So, my suggestion would be that we Table this to some future date - this Item, and you get back to us probably maybe the next week or next Meeting or the Meeting after that with an Informational Item which brings up all of the issues about Traffic Calming as you understand it, and let's have a Workshop." "MY MOTION IS WE TABLE THIS ITEM THIS EVENING, WE GET THE INPUT FROM KIP [LOCKCUFF] ABOUT WHAT THE CITY THINKS THE ISSUES ARE AND WE HAVE A WORKSHOP." MOTION BY COMMISSIONER MILLER. MAYOR PARTYKA STATED, "IS THERE A SECOND TO THE TABLING ON THE FIRST P ART?" SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: NAY COMMISSIONER McLEOD: AYE MOTION CARRIED. ~..."" ~ ~ ~ ~ ~ ~ ~ ~ ~ ~,...-'.. ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 22,2002 PAGE 25 OF 30 COMMISSIONER MILLER ADDED, "I AM SPECIFICALLY REFERRING TO AN ITEM ON THE CITY MANAGER'S 'TO DO' LIST RIGHT NOW WHICH HE HAS HAD FOR ABOUT TWO (2) OR THREE (3) MONTHS - HE HAS HAD FOR SEVERAL MONTHS - THREE (3) MONTHS AND THE ITEM WAS TO GET BACK TO THIS COMMISSION WITH A LIST OF THE TRAFFIC CALMING REQUIREMENTS OF THE CITY OF WINTER SPRINGS. THAT W AS THE ITEM, SO I WOULD LIKE THAT TO COME BACK AS SOON AS POSSIBLE AND THEN BASED ON THAT WE CAN SET A WORKSHOP." Commissioner Blake stated, "Point of Order " and called for the "Orders of the day. " "MOTION TO EXTEND FOR ONE (1) HOUR." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. ~ ~ l~ e:m~ ~.: ~ ~ ~ ~ Commissioner McLeod departed the Meeting at 11:09 p.m. Mayor Partyka then elaborated on the "Orders of the day" and stated, "Commissioner Miller has asked that we have a Workshop to discuss the bigger issue of Traffic Calming. " Commissioner Blake stated, "Point of Order" and spoke of having an Agenda, and said that he had Items he wanted to discuss. Commissioner Miller then stated, "I withdraw." Mayor Partyka stated, "We Tabled indefinitely." REGULAR L. Office Of The City Manager Requesting The City Commission Consider Sponsorship Of The Annual Christmas Parade And To Provide Appropriate Direction. "MOTION TO TABLE ITEM 'L.'" MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. ,_ CITY OF WINTER SPRINGS MINUTES , CITY COMMISSION REGULAR MEETING - APRIL 22,2002 PAGE 26 OF 30 VOTE: COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: NAY COMMISSIONER BLAKE: AYE MOTION DID NOT CARRY. Mayor Partyka advised those in attendance that, "We tried to go to Kiwanis - they would not take this as their responsibility." Manager McLemore stated, "We have no one else to do it, so I need your authority for us to do it - the parade, we'll take charge of it and make it happen." Commissioner Blake inquired, "Do we Staff to do that? Do we have the budget to do that?" Manager McLemore responded, "We,have Staff to do that, we don't have a budget to do it, but I don't think there is a lot of money involved, from what we understand." Further, Manager McLemore stated, "We will come back to you with a proposed budget, if you give us that authority." Mr. Chuck' Pula, Parks and Recreation Department Director briefly addressed the Commission. "MOTION TO APPROVE THE CITY MANAGER'S RECOMMENDATION TO HAVE THE CITY TAKE OVER THE PARADE THROUGH THE PARKS AND RECREATION DEPARTMENT." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. REGULAR M. Community Development Department Requests The City Commission Approve The Preliminary Subdivision/Engineering Plans For Wagner's Curve. Mr. John Baker, AICP, Current Planning Coordinator, Community Development Department introduced this Agenda Item. Mr, Tom Daly, Daly Design Group, Inc., 861 West Morse Boulevard, Suite 125, Winter Park, Florida: addressed the Commission. With discussion, Commissioner Blake stated, "Did we check the site elevation of each of these units to make sure..." Manager McLemore said, ".. . We will - when we get the other detailed engineering - absolutely." Commissioner Blake then spoke of ~ ~ ~ - ~ ~ ~ ~.'.."".' ~ ~..'.' ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 22, 2002 PAGE 27 OF 30 Homeowner's Association documents and said, "I just want to make sure that Commissioner Gennell's language was in there." Commissioner Martinez pointed out that "Only those trees over fourteen inches (14") in caliper count for replacement purposes and then - all trees over four inches (4") in caliper are normally required to be replaced." Manager McLemore stated, "And they are in agreement with that - that was an error in that - the fourteen inches (14") was an error - a scrivener's error. We have changed that, amended that, acknowledge that in writing, that it is supposed to be four inches (4")." "I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE THE - APPROVAL OF WAGNER'S CURVE PRELIMINARY SUBDIVISION PLAN." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. REGULAR N. Community Development Department Presents To The City Commission, The Preliminary Engineering And Site Plan For The Highlands Apartments, Phase II. Mr. Baker introduced this Agenda Item. Discussion. Mr. Amr Gawad, P.E., True Engineers and Architects, Inc., 1836 Woodward Street, Suite 101, Orlando, Florida: as the Engineer of Record for the project, Mr. Gawad answered questions from the City Commission. "MOTION TO APPROVE ITEM 'N' FOR THE - PRELIMINARY ENGINEERING AND SITE PLAN FOR THE HIGHLANDS APARTMENTS, PHASE II." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. ~ ~ ~ ~ ~ ~ ~ CITY OF WINTER SPRINGS M (NUTES CITY COMMISSION REGULAR MEETING - APRIL 22, 2002 PAGE 28 OF 30 REGULAR O. Community Development Department Recommends The City Commission Deny A Request Of Gregory Jann For A Variance From Section 6-2. And Section 6-84. Of The City Code Of Ordinances, To Allow An Attached Garage At 932 Arabian Avenue To Encroach Five (5) Feet Into A 20-Foot Wide Side Building Setback. Mr. Baker advised the Commission of the applicant's request for a Variance. Brief discussion. "BASED UPON STAFF'S RECOMMENDATION AND THE FACT THAT THESE PEOPLE CAN REAPPLY IF THEY SO WISH TO PROVIDE A DIFFERENT ARCHITECTURAL DESIGN, I MAKE A MOTION THAT WE DENY THIS APPLICATION." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. .:..:. AGENDA NOTE: AT THE REQUEST OF MANAGER McLEMORE, THE FOLLOWING MATTER WAS DISCUSSED NEXT, PRIOR TO ADJOURNMENT. .:..:. Manager McLemore stated, "We have to re-submit our Comprehensive Plan comments to DCA [Department of Community Affairs] relative to the ORC [Objections, Recommendations, And Comments] Report. This is a Meeting that probably could take a couple of hours - I need a Special Meeting with you and I am recommending Monday, the 6th" of May. Commissioner Blake inquired, "Is that two (2) weeks from tonight, that you are talking about? So we will have a week to review them?" Manager McLemore stated, "You should." Commissioner Blake then stated, "Yes, that's my concern." With consensus of the Commission, Mayor Partyka summarized that this matter would be discussed on Monday, May 6,2002, beginning at 6:30 p.m. Tape 4/Side A Regarding the kind of Meeting that is being scheduled for Monday, May 6th, Attorney Garganese advised the City Commission that "We'll take a look at it and make sure that it is properly advertised." Mayor Partyka added, "A Special Meeting." m ~ ~ ~ ~ ~ ~ ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 22, 2002 PAGE 29 OF 30 VIII. ADJOURNMENT "MOTION TO ADJOURN." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Mayor Partyka adjourned the Meeting at 11 :32 p.m. .:. .:. AGENDA NOTE: THE FOLLOWING REPORTS WERE NOT DISCUSSED AT THIS MEETING. .:..:. VII. REPORTS REPORTS A. City Attorney - Anthony A. Garganese, Esquire REPORTS B. City Manager - Ronald W. McLemore REPORTS C. City Clerk - Andrea Lorenzo-Luaces REPORTS D. Commission Seat One - Robert S. Miller REPORTS E. Commission Seat Two - Michael S. Blake REPORTS F. Commission Seat Three - Edward Martinez, Jr. REPORTS G. Commission Seat Four - Cindy Gennell '~ ~"".""'., ' -. , ,.,.~'>J.., ~~ ~ ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 22, 2002 PAGE 30 OF 30 REPORTS H. Commission Seat Five - David W. McLeod REPORTS I. Office Of The Mayor - Paul P. Partyka RESPECTFULLY SUBMITTED: ANDREA LORENZO-LUACES, CMC CITY CLERK APPROVED: PAUL P. PARTYKA MAYOR NOTE: These Minutes were approved at the ,2002 Regular City Commission Meeting, ~ ~ ~ ~ ~ ~ ~