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HomeMy WebLinkAbout2002 06 24 Consent H Unapproved June 10, 2002 City Commission Regular Meeting Minutes COMMISSION AGENDA ITEM H Consent X Informational Public Hearings Regular June 24. 2002 Regular Meeting Mgr. 1 Dept. Authorization CONSENT H. Office Of The City Clerk Requesting Approval Of The June 10,2002 City Commission Regular Meeting Minutes. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING JUNE 10, 2002 I. CALL TO ORDER The Regular Meeting of June 10, 2002 of the City Commission was called to order by Mayor Paul P. Partyka at 6:30 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). ROLL CALL: Mayor Paul P. Partyka, present Deputy Mayor Cindy Gennell, present Commissioner Robert S. Miller, arrived at 6:40 p.m Commissioner Michael S. Blake, arrived at 7:48 p.m. Commissioner Edward Martinez, Jr., present Commissioner David W. McLeod, present City Manager Ronald W. McLemore, absent Mr. Kipton D. Lockcuff, Public WorkslUtility Department Director, present City Attorney Anthony A. Garganese, arrived at 6:37 p.m During a moment of silence, Mayor Partyka recognized the Firefighter from Oviedo and the Orlando area Doctor who died this past weekend, assisting at the scene of an accident on the Florida Turnpike. The Pledge of Allegiance was then recited. Agenda Changes were next discussed: Mayor Partyka asked that Regular Agenda Item "N" be moved to the first slot on the Regular Agenda and added that Regular Agenda Item "P" should not have been on this Agenda, and "That is going to be just postponed to June 24th." Deputy Mayor Cindy Gennell then suggested that, "I would like to have the Doran issues put up at the front, right after "Public Input." Deputy Mayor Gennell also stated, "I would like an issue added to this Agenda for us to just make a determination tonight, and that is about rehearing an issue that we had heard once before - the Boat Docks." li'iR., "" ..., 19 fflY Mayor Partyka read a letter from City Manager Ronald W. McLemore into the record. City Attorney Anthony A. Garganese arrived at 6:37 p.m. ;. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 10,2002 PAGE 2 OF 34 Mayor Partyka presented a Proclamation to Ms. Kelly Cruz, a graduating senior from Winter Springs High School, for her accomplislunents on the Winter Springs High School Softball team. Commissioner Robert S. Miller arrived at 6:40 p.m. Mrs. Allison Swain, Community Relations Officer, Winter Springs Police Department, introduced the Winter Springs Police Explorers, Post 708. After introductions were made, Officer Swain gave the Mayor and Commission a brief presentation about the Police Explorers. II. PUBLIC INPUT Ms. Trish Drebert, 500 Hayes Road, Winter Springs, Florida: spoke of stormwater flooding at "The Arbors;" broken concrete drainage pipes; and previous conversations with Mayor Partyka and Mr. Kipton Lockcuff, Public WorkslUtility Department Director, Mayor Partyka said to Ms. Drebert, "What I will do - is pass this on to Kip [Lockcuff]." After further discussion with Mr. Lockcuff, Mayor Partyka stated, "You will get a report back on that. Mr, Marshall "Smokey" Allen, 1065 Winter Springs Boulevard, Winter Springs, Florida: handed a document to Members of the City Commission and commented on the absenteeism of Advisory Board and Committee Members, specifically referencing the Oak Forest Wall and Beautification District Advisory Committee, and remarked about attendance information provided on May 8, 2002, Mr, Allen also asked a few questions related to the authorization of expenditures of Capital Funds. Mayor Partyka advised Mr. Allen in regards to absences, "What we need to do is turn this over to the Attorney for some kind of ruling on this." Mr. Christopher Dunlap, 1054 Chokecherry Drive, Winter Springs, Florida: spoke of a proposed "Accessory building" Ordinance and inquired why one would be required to "Appear before the Board and basically get approval." Mr. Paul Leckinger, 1304 Winter Springs Boulevard, Winter Springs, Florida: inquired about the zoning of boats; mentioned possible violations on Shetland Road and on "Winter Springs Boulevard, south towards Commissioner Blake's area on the left hand side that backs up to the wall there that adjoins Winter Springs Boulevard, there is a boat with a covered shed." Ms. Jimette Cook, Code Enforcement Division Manager, Community Development Department said to Mr. Leckinger, "If you will give me that CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 10,2002 PAGE 3 OF 34 address, we will check it out to see if they obtained a Building permit." Ms. Cook stated further, "Be glad to look into it." Mayor Partyka added, "We'll get a report." Mr. Medford McCoy, J J 4 Brookshire Court, Winter Springs, Florida: spoke of treated sewage; spray fields; and possible increases in water rate fees. Mr. Harold Scott, 374 Twelve Oaks Drive, Winter Springs, Florida: spoke on behalf of "People for Good Government" and commented on remarks made by Commissioner Edward Martinez, Jr. about the February 12, 2002 Special Election. Mr. Scott also commented about the City Manager; and negotiations with the City's Firefighters. Mr. Myron Fottler, 208 Heatherwood Court, Winter Springs, Florida: briefly commented on a recent meeting of concemeo citizens. Tape I/Side B Mr. Myron Fottler, 208 Heatherwood Court, Winter Springs, Florida: again addressed the City Commission. Mr. Fottler remarked about the Arbor Code; Development Agreements; direction from the City Manager; getting citizen input; and suggested that the City Manager meet with Homeowner's Association groups. Ms. Leah Wiseman, J 13 Brookshire Court, Winter Springs, Florida: asked when the newly organized "Paw Park" Committee will have their first meeting. Ms. Wiseman was advised that June 20th is the tentative date for this first Meeting. III. CONSENT CONSENT A. Not Used. CONSENT B. Public Works Department Requesting Authorization To Enter Into A Contractual Agreement For Street Resurfacing. Brief discussion. CONSENT C. Public Works Department Requesting Approval Of Herbert Halback, Inc As The Landscape/Hardscape Coordinator. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 10,2002 PAGE 4 OF 34 CONSENT D. Police Department Requesting The City Commission Declare Items On The Attached Listing As Surplus To The Needs Of The City, And To Authorize Their Removal From The City's Assets By Public Auction Or Destruction. CONSENT E. Utility Department Requesting Authorization To Piggyback Off Of The Palm Beach County Water Contract For Sanitary Sewer Rehabilitation. CONSENT F. Finance Department Requesting The City Commission Authorize A Supplemental Appropriation From The General Fund In The Amount Of $6,500 For Mapping Services In Order To Update The Territorial Boundaries Per Section 2.01 Of The Charter. Brief discussion. CONSENT G. Office Of The City Clerk Approval Of The Minutes Of The May 6, 2002 Special City Commission Meeting. CONSENT H. Office Of The City Clerk Approval Of The Minutes Of The May 13, 2002 Regular City Commission Meeting. CONSENT I. Office Of The City Clerk Approval Of The Minutes Of The May 20, 2002 Special City Commission Meeting. ADD-ON CONSENT J. Informational Services Requesting Authorization To Use GSA Contract #GS-35F-3098K Through Our Current Telephone Vendor, Orlando Business Telephone Systems (OBTS), For City-Wide Telephone System Upgrades Already Budgeted For This Year. Mayor Partyka stated, "I need a Motion to approve the Consent Agenda." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 10,2002 PAGE 5 OF 34 "SO MOVED." MOTION BY COMMISSIONER MARTINEZ. SECONDED. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. Deputy Mayor Gennell asked Mr. Alan Hill, Superintendent, Public Works Department, "If he was going to bring us a copy of the 'Bird Sanctuary' sign tonight?" Mr. Hill said to Deputy Mayor Gennell, "That has been postponed. I have been asked by the City Manager to take a look at reconfiguring the whole signage entrance details." Deputy Mayor Gennell then advised Mr. Hill that "The sign that Mr. Grogan was pursuing, and what I thought you were going for, was to replace the original signs that existed independently - they weren't on the post with the City signs or anything, they were just notification signs that stood alone." IV. INFORMATIONAL INFORMATIONAL A. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. INFORMATIONAL B. Not Used. INFORMATIONAL C. Finance Department Requesting That The City Commission Review Information Relevant To The Change In Workman's Compensation Carriers And The Increase In Workman's Compensation Insurance. INFORMATIONAL D. Community Development Department Requests The City Commission Receive Additional Information On ADA Paratransit Statistics For The City Of Winter Springs. tIJIa~~ -v- 41- ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 10.2002 PAGE 6 OF 34 Mr. Earnest McDonald, AICP, Advance Planning Coordinator, Community Development Department, introduced this Agenda Item. Discussion. Commissioner Michael S. Blake arrived at 7:48 p.m. Commissioner Robert S. Miller spoke of referenced numbers of trips noted in the Agenda Item, and suggested that "It might be appropriate for us to go with a letter from the Mayor to the Board of Directors of Lynx and ask them for very clear clarification of how they keep their data and on what basis do they assess costs throughout the County to the other cities." Mayor Partyka stated, "With Mr. McDonald's help, I will do a short letter to Lynx to get some better clarification numbers." INFORMATIONAL E. Community Development Department - Code Enforcement Division Requests The City Commission Considers Information Regarding Parking Of Abandoned Vehicles On Nursery Road. IN FORMA TIONAL F. Utility Department Providing The City Commission With A Copy Of The Consumer Confidence Report That Will Be Sent To All Residents. INFORMATIONAL G. Office Of The City Clerk Respectfully Informing The City Commission Of Events Surrounding The February 12, 2002 Special Election. Commissioner Martinez addressed City Clerk, Andrea Lorenzo-Luaces and stated, "These events surrounding the February 12, 2002 issue that has been spoken about and you listed here, do you recall threats of arrest being mentioned by this Attorney?" With brief discussion, Commissioner Martinez added, "What I would like, if you have it written down somewhere, or you have a record of it - I would like that." Also pertaining to this Agenda Item, discussion followed on whether there had been a "Direct Communication" with the Supervisor of Elections of Seminole County. Mayor Partyka stated, "I need a Motion to approve." ~ ' CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 10,2002 PAGE 7 OF 34 "MOTION TO APPROVE." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: DEPUTY MAYOR GENNELL: AYE COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. v. PUBLIC HEARINGS PUBLIC HEARINGS A. Community Development Department Requests The City Commission Conduct A Public Hearing For The First Reading Of Ordinance 2002-01 That Would Assign A Future Land Use Map (Flum) Designation Of (City Of Winter Springs) "Commercial" To The Properties Totaling 7.561 Acres, Located North And South Of Nursery Road And Adjacent To U.S. Highway 17/92. (This Agenda Item Has Been Delayed To The June 24, 2002 Regular Meeting Agenda.) lIT PUBLIC HEARINGS B. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For First Reading Of Ordinance 2002-02 To Rezone A 7.561-Acre Tract, Located On Nursery Road On The East Side Of U.S. 17-92, From (County) C-2 "Retail Commercial," C-3 "General Commercial & Wholesale," R-2 "One And Two Family Dwelling," And R- I-A "Single Family Dwelling" District To (City) C-2 "Commercial & Industrial." (This Agenda Item Has Been Delayed To The June 24, 2002 Regular Meeting Agenda.) PUBLIC HEARINGS C. Community Development Department Requests The City Commission Conduct A Public Hearing For The Second Reading And Adoption Of Ordinance 2002-11, Which Would Change The Future Land Use Map (FLUM) Designation Of Two (2) Tracts Located West Of Tuskawilla Road, Between Milky Way And Trotwood Boulevard, From (Seminole County) Medium Density Residential To (City Of Winter Springs) Low Density Residential. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 10,2002 PAGE 8 OF 34 Attorney Garganese read the Ordinance by "Title" and stated, "Mayor, I just want to bring to the Commission's attention - I received a telephone call today. A message was left on my V oiceMail from an Attorney that has been working with the Oak Forest residents, and he indicated that they may be coming to request that this item be deferred." Mr. McDonald addressed the Commission regarding this issue. Mr. Brian Oliver. 630 Cheoy Lee Circle. Winter Springs. Florida: spoke of greenbelt property; their Attorney's suggestions about a possible Variance; and the various size of the properties being discussed. Tape 2/Side A Mr. Oliver continued with his comments about the possible costs and showed photographs of various properties near the Tuskawilla Office Park project. Mr. Oliver added that he was appreciative of the City Manager's recent assistance with contractors beginning their work prior to 6:00 a.m. Commissioner Michael S. Blake asked why the map presented by Staff was not drawn to scale, and added, "In the future I would only ask that it is clearly stated on something that this is not 'To scale.'" With further discussion, Commissioner Blake asked about the status of "Some possible alternative method to get this property surveyed so that it could be properly recorded and platted." Commissioner Blake added that he was interested in knowing if "Ron [McLemore] was having some discussions with a third party about them ultimately paying for the survey and recording?" Commissioner Blake then said, "If anybody knows anything about that status, I would like to hear it before we take any final action." ., With discussion, Commissioner Martinez stated, "You led me to understand that you had - or you were aware of the fact that an Attorney has asked for a deferral." Mr. Oliver responded, "We didn't know that he asked for a deferral." Mr. Michael Tackaberry, 634 Cheoy Lee Circle, Winter Springs. Florida: suggested that a previous survey could be used by he and his neighbors. Discussion. Mr. J.c. Vandergrift, 648 Cheoy Lee Circle, Winter Springs, Florida: spoke of buffers and asked for more information about a Variance. Discussion. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 10,2002 PAGE 9 OF 34 Ms. Sharon Tackaberry, 634 Cheoy Lee Circle, Winter Springs, Florida: remarked about the sizes of the lots; voiced appreciation for the Commission's time and efforts with this issue; commented on some of the estimated costs; and referred to some correspondence which she left with the City Clerk (to be copied for the Mayor and Commission). , Mr. Charles Carrington, AICP, Community Development Department Director reviewed with the Commission the history of this project. Commissioner Blake spoke about his previous objection to this Zoning; and suggested for the record that the City should pay for the costs involved with this issue rather than the homeowners. Deputy Mayor Gennell asked Mr. Lockcuff if the homeowners could "Piggyback" off of any contract that the City used. Commissioner Martinez noted his concern that Commissioner Blake's suggestion might set a precedent. Commissioner David W. McLeod also spoke of his concern with the City setting a precedent and said that "I will be more than happy between now and our next Commission Meeting - to personally check with my personal Property Attorney to make sure what the proper steps are." Commissioner McLeod added that he would check with surveyors that he uses, if he could procure a "Donation to help offset costs to that group of people." Tape 2/Side B 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 GO AHEAD AND MAKE A MOTION THAT WE APPROVE AND ADOPT ORDINANCE 2002-11." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: DEPUTY MAYOR GENNELL: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 10,2002 PAGE 10 OF 34 "I MAKE A MOTION THAT THE CITY LOOK TOWARDS - INVESTIGATES TO SEE WHAT THE COSTS WOULD BE FOR US TO FOLLOW THROUGH WITH THE REQUIREMENTS OF - CHAPTER 9 FOR THE SURVEY AND PLATTING AND RECORDING OF THE PARCELS ADJACENT TO THE ORIGINAL CHEOY LEE PROPERTIES IN THE TUSCA WILLA PUD." MOTION BY COMMISSIONER BLAKE. MA YOR PARTYKA CLARIFIED, "INVESTIGATE ALL THE POSSIBILITIES." SECONDED BY COMMISSIONER McLEOD. DISCUSSION. "I WOULD LIKE TO AMEND THAT TO INCLUDE ALL THE OTHER ALTERNATIVES WHICH ARE POSSIBLE THAT STAND OUT FOR THE CITY MANAGER, OR THE CITY ATTORNEY, OR THE ATTORNEY FOR THE APPLICANTS CAN BRING FORWARD THAT WHAT WE MIGHT WANT TO TAKE A LOOK AT." AMENDMENT TO THE MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: (ON THE AMENDMENT) COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. VOTE: (ON THE MOTION, AS AMENDED) DEPUTY MAYOR GENNELL: NAY COMMISSIONER MARTINEZ: NAY COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. PUBLIC HEARINGS D. Community Development Department Requests The City Commission Conduct A Public Hearing For The Second Reading And Adoption Of Ordinance 2002-12, Which Would Change The Zoning Designation Of Two (2) Tracts Located West Of Tuskawilla Road, Between Milky Way And Trotwood Boulevard, From (Seminole County) A-I Agricultural To (City Of Winter Springs) PUD. Attorney Garganese read Ordinance 2002-12 by "Title." Brief discussion. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 10.2002 PAGEIIOF34 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." MOTION BY COMMISSIONER MARTINEZ. SECONDED. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. - f3. - PUBLIC HEARINGS E. Office Of The City Manager Presents To The City Commission, The Second Reading Of Ordinance Number 2002-19, Which Will Convey Tract H Of Parkstone Unit 2, To The Parkstone Community Association. Attorney Garganese read Ordinance 2002-19 by "Title" and stated, "I changed the third 'Whereas' clause in this Ordinance from First Reading to indicate that that was an error; and the Homeowner's Association is requesting that the roadways be reconveyed back to the Homeowner's Association so that the roadways can take on a private roadway status, as originally intended." ~~ -7,; _ 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 MAKE A MOTION TO APPROVE." MOTION BY COMMISSIONER MARTINEZ. SECONDED. DISCUSSION. 'J ., CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 10,2002 PAGE 12 OF 34 VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. PUBLIC HEARINGS F. Utility Department Requesting The City Commission Approve The First Reading Of Ordinance 2002- 20 -: Utility And Stormwater Rate Ordinance. Mayor Partyka stated, "I need a Motion to read by 'Title' only." "SO MOVED." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. Attorney Oarganese read the Ordinance by "Title." Mayor Partyka opened the "Public Input" portion of this Agenda Item and noted that Mr. McCoy had addressed this issue under "Public Input" earlier in the Meeting. No one spoke at this time. The "Public Input" portion of this Agenda Item was closed. Commissioner Blake said to Mr. Lockcuff, "I think the number is different than what we had agreed upon - the $8.55 base charge that I thought was supposed to be $8.40 - Section 19-138. (a) (1)." Commissioner Blake added, ~'It also would be (a) (1) a. and also, number (2)." Further, Commissioner Blake asked, "Why this section (a), which would be 19-138. (a) (1) 'a.', why that small 'a.' section is there under number (1), but not under number (2)?" CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 10.2002 PAGE 13 OF 34 Commissioner Blake then stated, "1 would be more than happy to move it on to a Second Reading with that note that you have to come back to us next time with either - if we decided on $8.40 or $8.55, just to make sure it is correct." Additionally, Commissioner Blake spoke of the "That small 'a.' - 'As non metered customers of reclaimed water system become metered...' that same language either should apply for the entire section, not just number (l) or it should be repeated under number (2) and number (3)" Commissioner Blake further clarified that he felt "It should apply to all lots. So, it should be like a number (4) - would be my recommendation; move it to number (4), and then it would apply to all three (3)." Attorney Garganese stated, "We can make that Amendment for Second Reading." "I MAKE A MOTION THAT WE MOVE ORDINANCE 2002-20 TO A SECOND READING WITH STAFF MAKING THE APPROPRIATE NOTATIONS AND CHANGES AS IDENTIFIED BY THE VARIOUS PEOPLE THAT HAVE SPOKEN TO IT." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: DEPUTYMAYORGENNELL: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. PUBLIC HEARINGS G. Office Of The City Manager /Office Of The City Attorney Request That The City Commission Consider First Reading Of Ordinance 2002-14 To Amend Section 6-84 Of The Winter Springs Code Regarding Accessory Buildings And Detached Garages. Mayor Partyka stated, "I need a Motion to read by 'Title' only." "SO MOVED." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR GENNELL: ,AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 10,2002 PAGE 14 OF 34 Attorney Garganese read the Ordinance by "Title." Commissioner McLeod spoke of his concerns with why a "Public Hearing was needed for certain structures built on a property; and lot sizes and sizes of structures on a lot should be considered." Commissioner McLeod added, "If I put a breezeway though - I don't have to come in front of this committee - what has a breezeway got to do with a garage still sitting at the edge of the property line?" Commissioner McLeod then pointed out that several things that were to be taken out of the previously proposed Ordinance, have been left in the Ordinance. Mayor Partyka also had some of same concerns as Commissioner McLeod, and commented on large acreage lots and whether detached garages would be permitted. Mayor Partyka then said that regarding potentially imposed height restrictions - "You actually may worsen the look of the house and lot." Discussion ensued on building lines; building envelopes; setbacks; boundaries; and where accessory buildings could be built. Commissioner Blake inquired, "Are you ever able to build any building that is depicted in this Ordinance within the setback lines as well?" Attorney Garganese said, "Perhaps - because the same setback requirements that exist today in the Code will remain for accessory buildings." Further, Commissioner Blake remarked that "We need to consider the aspect of the property - if you have five (5) acres, the rules ought to be different than if you are on a 75' x ISO' building lot - or ifit is a L-shaped parcel." Additionally, Commissioner Blake said, "I am very concerned about the breezeway aspect. You can build virtually anything as long as you attach and you don't go outside of the building lot area and as long as you don'texceed the coverage ratio for the lot, you can pave it all over, and as long as it is attached to the main dwelling - that's your loophole. So I am not comfortable with that aspect of it - either something is truly attached or it is not truly attached." Commissioner Blake added, "I would like to revisit those aspects of it as well." Commissioner Miller also stated that, "The breezeway issue - it has to be revisited; and added that the "Whereas" clause that addressed the "Proliferation of buildings" was of a concern to the City Manager, and Commissioner Miller felt that this should be addressed. Tape 3/Side A Commissioner Miller added, "I think he has got no more than two (2) on any lot which I think is probably a good idea. Commissioner Miller was in agreement that the verbiage in the Ordinance about having a dwelling built prior to an accessory building should be kept as is; or suggested that such be built concurrently; or "You build a garage first, but if you don't build the main house within ninety (90) days, the garage has to be tom down." Commissioner Miller also agreed that the breezeway issue does need to be addressed. Furthermore, Commissioner Miller suggested that "If someone has a lot in the 'Ranchlands,' maybe we need to put something in here that if the lot is large enough to CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 10,2002 PAGE 15 OF 34 accommodate - or if the garage doesn't cover 20 percent (20%) of the area of the property, then it would be approved - I think we need to put some restriction on the size." Commissioner McLeod proposed that there be a separate Ordinance for detached garages and for accessory buildings; and "Anything over a given square footage becomes considered as a detached garage, and then the accessory building should have - a maximum square footage." Further, Commissioner McLeod commented on the related zoning classifications and "If in here, barns are excluded, then bring back to us and show us that portion." Commissioner McLeod added that regarding detached garages, "To say it has to sit behind the front building line - I disagree." Deputy Mayor Gennell commented that the Ordinance "Does not need to be combined so that it complicates either issue, so I am in favor of sending it back for further study." Mayor Partyka opened the "Public Input" portion oj this Agenda Item. Mr. Brian Oliver, 630 Cheoy Lee Circle, Winter Springs, Florida: suggested that the size of the accessory building should be sized relative to the size of the lot. The "Public Input" portion of this Agenda Item was closed. "MOTION THAT WE DO DENY IT AT THE PRESENT TIME - THE FIRST READING OF ORDINANCE 2002-14 AND SEND IT BACK TO BE REWRITTEN AS AN INDEPENDENT SEPARATE ORDINANCE COVERING GARAGES - AS A GARAGE, DET ACHED." MOTION BY COMMISSIONER McLEOD. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: NAY COMMISSIONER BLAKE: NAY COMMISSIONER MILLER: NAY DEPUTY MAYOR GENNELL: AYE MOTION DID NOT CARRY. "MY SUGGESTION WOULD BE THAT STAFF WORK ON THE COMMENTS THAT WERE MADE AND BRING IT BACK AND SEE IF WE CAN COME TO SOME AGREEMENT ON A WORKABLE ORDINANCE." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 10,2002 PAGE 16 OF 34 VOTE: COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. Commissioner McLeod spoke of how this Ordinance originated and said, "I would like to see this thing come back to us at least if not by the next Meeting, but the following Meeting. " Attorney Garganese requested some direction for the next version of this Ordinance, Discussion ensued on breezeways; and permitted and conditional uses. Commissioner Miller suggested that the City Attorney "Ought to be able to come back with an Informational Item next time that we can look at, make comments on it." Discussion. "WHAT I WOULD RECOMMEND MAYOR, IS TO DIRECT THE ATTORNEY TO PUT HIS QUESTIONS DOWN ON PAPER, GIVE THEM TO US, AND WE ARE GOING TO HAVE TO HAVE A WORKSHOP ON THIS." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. COMMISSIONER BLAKE RESTATED HIS MOTION AS "THE MOTION IS TO DIRECT THE CITY ATTORNEY TO LIST HIS QUESTIONS THAT HE NEEDS TO HAVE CLARIFIED ON PAPER, GET THEM TO US, AND THEN WE WILL KNOW WHAT THE QUESTIONS ARE. WE CAN CONSIDER THE QUESTIONS, HAVE A WORKSHOP, HAMMER THEM OUT, THEN DIRECT HIM TO BRING AN ORDINANCE BACK." VOTE: COMMISSIONER McLEOD: NAY COMMISSIONER MARTINEZ: NAY COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. PUBLIC HEARINGS H. Office Of The City Attorney/Office Of The City Manager Request That The City Commission Consider First Reading Of Ordinance Number 2002-07 Which Creates A New Light Industrial Zoning District And Amends The List Of Permitted, Conditional, And Prohibited Uses In The C-l And C-2 Zoning Districts. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 10,2002 PAGE 170F34 Mayor Partyka stated, "I need a Motion to read by 'Title' only." "SO MOVED." MOTION BY COMMISSIONER MARTINEZ. SECONDED. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title." Attorney Garganese then stated, "This is First Reading of this Ordinance - if it passes this evening the City will need to have two (2) additional advertised Public Hearings." Discussion ensued on Zoning classifications. Commissioner Miller stated, "Point of Clarification" and spoke of what was to be included in this Ordinance. Commissioner Blake spoke of his concern with "Broadcasting transmitters, towers and antennae and how this reconciles - it is in four (4) different sections - how does this reconcile with our Communications Tower Ordinance which is different than this is? 1 think we need to look at the two (2) together, because the heights are different; the classification of Zones where it is a Permitted Use are different; the structure of the tower is spelled out in the Telecommunications Ordinance, here it is not. So, 1 would like to have those uses deleted from this Ordinance." Attorney Garganese said, "I can go back and look at that if 1 just get some direction from the Commission." Commissioner Blake pointed out the areas he had concerns with which were on page 3, number 6 - under Section 20-321.; and 20-322. on page 4. Attorney Garganese stated, "I will come back to you - so, it is your intent to leave telecommunication towers of any kind, to be regulated under the Telecommunication Tower Ordinance, and not list them as..." Commissioner Blake added, "...1 would delete it." Discussion. The telecommunication towers issue was further discussed. Tape 3/Side B CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 10.2002 PAGE 18 OF 34 The Commission was polled for their OpinIOn on whether references to telecommunication towers should be deleted from this Ordinance. Commissioner Miller stated that he had no problem going along with what Commissioner Blake suggested. Commissioner Martinez stated, "I would like to leave it the way that it is without amendments." Deputy Mayor Gennell suggested, "I just don't want it written in such a way that it precludes radio and television stations from locating in this area." Commissioner McLeod said, "I would agree to get the towers out of there, but to allow - commercial radio and television broadcasting in Winter Springs." Commissioner Miller spoke of his concern with Tire Recycling businesses. Attorney Garganese suggested, "What if I add "Sales." Commissioner Miller agreed with this. Attorney Garganese then explained that "Recycling should be '1-1,' 'Automotive Tire Sales' is just general retail." Pawn shops; retail stores; permitted uses; 'Light Industrial;' and 'Heavy Industrial' uses were discussed next. Commissioner McLeod inquired if our classifications were consistent with other neighboring uses. Attorney Garganese added, "The Ordinance, in terms of the permitted uses is generally in line with other communities. But we took the existing City Ordinance and your existing map of uses and tried to tailor this Ordinance to fit the City of Winter Springs." Further, Attorney Garganese stated that '''Light Industrial,' clean manufacturing type uses are the type of uses that you want to attract to your Industrial Park." With further discussion, Commissioner Blake stated that since Attorney Garganese said, "We don't have to provide for 'Heavy Industrial,' then it would be my intent to not provide for a 'Heavy Industrial' Zone in the City." Mayor Partyka opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. Further discussion. "I WOULD LIKE TO MAKE A MOTION THAT WE MOVE THIS TO SECOND READING AND THAT WE DIRECT THE STAFF AND THE CITY ATTORNEY TO POLISH THIS UP AND BRING IT BACK TO US." MOTION BY COMMISSIONER MARTINEZ. SECONDED. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 10.2002 PAGE 19 OF 34 VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: NAY DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. PUBLIC HEARINGS I. Office Of The City Attorney Requests The City Commission To Consider Ordinance 2002-21 Amending Section 16-55 Of The City Code Of Ordinances. . "MOTION TO READ ORDINANCE 2002-21 BY 'TITLE' ONLY." MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. lhi... ...." Attorney Garganese read the Ordinance by "Title." Discussion. With discussion, Commissioner Miller added, "It still appears to me that a resident can still go out and put signs up - it looks like if we don't change it, everybody could put a two (2) square foot sign on their property advertising whatever they want from here on out." Attorney Garganese stated, "I can look at that, and at the next Meeting we will come back." Commissioner Blake pointed out that "There is one (1) error here and that is that this language would exempt them from a permit as well - and that was not what we decided. We decided that we would exempt them from the permit fee; that they would still have to get the permit and comply with all the regulations." Attorney Garganese remarked, "If that was the intent, then that is an easy fix." Mayor Partyka opened the "Public Input" portion of this Agenda Item. No one spoke. j,~. 1:"1r -.. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 10,2002 PAGE 20 OF 34 The "Public Input" portion of this Agenda Item was closed. "I WOULD LIKE TO MAKE A MOTION WE MOVE ORDINANCE NUMBER 2002-21 TO SECOND READING, INCORPORATING THE CHANGES AS DISCUSSED." MOTION BY COMMISSIONER BLAKE. SECONDED. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Commissioner Miller stated, "Point of Order" and spoke of taking a break. "I WOULD LIKE TO MAKE A MOTION THAT WE EXTEND TO ONE (1) HOUR, AND THAT WE TAKE A TEN (10) MINUTE BREAK." MOTION BY COMMISSIONER MILLER. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. Mayor Partyka called a break at 11 :02 p.m. The Meeting reconvened at 11: 11 p. m. .:. .:. AGENDA NOTE: THE FOLLOWING "REGULAR" AGENDA ITEMS WERE DISCUSSED AS DOCUMENTED. .:. .:. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 10,2002 PAGE 21 OF 34 VI. REGULAR REGULAR N. Finance Department Requesting The City Commission Consider A $3,000.00 Donation Request From The "Seminole Vision" And Authorize A Supplemental Appropriation From The General Fund In The Amount Of $3,000.00 If The Commission Desires To Make The Donation. Mr. Wayne Weinburg, College of Engineering and Science, Post Office Box 162993, Orlando, Florida: addressed the Commission regarding this matter. Tape 4/Side A Discussion. "I WILL MAKE A MOTION TO DENY THIS REQUEST." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER McLEOD: NAY COMMISSIONER MILLER: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. "I WOULD LIKE TO MAKE A MOTION THAT WE ISSUE A PROCLAMATION OF ENDORSEMENT OF THE SEMINOLE VISION." MOTION BY DEPUTY MAYOR GENNELL. SECONDED. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 10.2002 PAGE 22 OF 34 REGULAR B. 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 Building 10 (Washington Mutual Bank). Mr. Carrington introduced this Agenda Item. Discussion ensued on whether the glass went all the way to the ground. Discussion. Mr. Paul Bohaboy, AlA, Architect, Design-Forum, 7575 Paragon Street, Dayton, Ohio: addressed the City Commission and answered questions. With discussion, Commissioner Blake stated, "I have a problem with the glass going all the way down to the ground, except for the doors." Note: Due to technical difficulties, thefollowing audio portion of this Meeting was not audible. Further discussion ensued on the amount and type of glass used and the windows. Commissioner Mcleod suggested that the elevations be verified for accuracy. With further discussion on the amount of glass used, Commissioner Blake agreed with Deputy Mayor Gennell that there should be a kneewall of brick across the bottom, and that the glass should not extend to the ground. Commissioner Miller noted that he did not have a problem with the glass as presented. Discussion. "MOTION TO APPROVE THE DRAWINGS WITH THE STOREFRONT GLASS WITH KNEEW ALL ON THE BOTTOM, EVEN IF IT CALCULATES LESS THAN FIFTY PERCENT (50%), METAL AWNING, AND SPANDREL GLASS." MOTION BY COMMISSIONER BLAKE. SECONDED. DISCUSSION. "MOTION TO ACCEPT THE FIRST PART AND THE THIRD PART - TO ACCEPT THE GLASS PER CODE." AMENDMENT TO THE MOTION BY COMMISSIONER McLEOD. SECONDED. DISCUSSION. ATTORNEY GARGANESE COMMENTED THAT A SPECIAL EXCEPTION WILL BE REQUIRED IF ANY PORTION OF THE APPROVAL IS NOT IN COMPLIANCE WITH THE TOWN CENTER ZONING CODE. SPECIAL EXCEPTIONS WILL NEED TO COME BACK TO THE COMMISSION FOR APPROVAL. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 10.2002 PAGE 23 OF 34 VOTE: (ON THE AMENDMENT) COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: NAY DEPUTY MAYOR GENNELL: NAY COMMISSIONER McLEOD: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. VOTE: (ON THE MOTION, AS AMENDED) DEPUTY MAYOR GENNELL: NAY COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: NAY COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. REGULAR G. Office Of The City Manager Requesting That The City Commission Hold An Executive Session On Monday, June 24, 2002 At 5:30 P.M. To Discuss Strategies In Regards To Collective Bargaining With The Winter Springs Professional Firefighters Local 3296. MOTION TO HOLD AN EXECUTIVE SESSION ON JUNE 24, 2002. MOTION. SECONDED. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE DEPUTYMAYORGENNELL: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. "MOTION TO APPROVE ONE (1) HOUR EXTENSION." MOTION BY COMMISSIONER MILLER. SECONDED. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER BLAKE: NAY COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. CITY OF WINTER SPRINGS \ MINUTES CITY COMMISSION REGULAR MEETING - JUNE 10,2002 PAGE 24 OF 34 .:..:. AGENDA NOTE: THE NEXT ITEM WAS DISCUSSED AS FIRST MENTIONED UNDER "AGENDA CHANGES" AND AT THE REQUEST OF DEPUTY MAYOR GENNELL. .:..:. "I MOVE THAT WE CONSIDER THE QUESTION OF BOAT DOCKS ALONG LAKE JESUP." MOTION BY DEPUTY MAYOR GENNELL. SECONDED. DISCUSSION. Commissioner Blake stated, "Point of Order" and remarked about the prevailing side. Further discussion followed on previous requests by Members of the Commission to bring issues back, and the prevailing side. "MOTION TO SUSPEND THE RULES." MOTION BY DEPUTY MAYOR GENNELL. SECONDED. DISCUSSION. "I MOVE THAT WE RECONSIDER THE BOAT DOCK AT THE NEXT MEETING." MOTION BY DEPUTY MAYOR GENNELL. SECONDED. DISCUSSION. Commissioner Blake stated, "Point of Order" and commented about the "Orders of the day. " Commissioner Martinez departed the Meeting at 12:07 a,m. .:..:. AGENDA NOTE: THE FOLLOWING "REGULAR" AGENDA ITEMS WERE NEXT DISCUSSED, IN THE ORDER AS DOCUMENTED. .:. .:. VI. REGULAR REGULAR A. Community Development Department Requesting Commission Consider And Approve A Conceptual Development Plan For A 7.561-Acre Tract At The Northeast Corner Of The Intersection Of U.S. 17 - 92 And Nursery Road, As A Prerequisite To The Future Land Use Amendment, Rezoning, And Development Agreement. Discussion. Mr. David Bowstead, 1170 Talmo Street, Winter Springs, Florida: briefly noted his agreement with the Conceptual Plan. Mr. Phil Reece, 561 Virginia Drive, Winter Park, Florida: addressed the Commission. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 10.2002 PAGE 25 OF 34 Discussion. MOTION TO APPROVE REGULAR AGENDA ITEM "A." SECONDED. DISCUSSION. MOTION. Brief discussion ensued on the pond. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Further discussion ensued about the Developer's Agreement; and itemizing the phases and having them depicted in the site plan. Mr. Reece was requested to provide Attorney Garganese with an updated Conceptual Site Plan, which will be added to the Agreement as an "Exhibit." Commissioner Blake suggested that the next time this matter comes before the Commission, that Mr. Reece is placed on the Agenda right after "Public Input." REGULAR A-I. Community Development Department Requesting Commission Consider And Approve A Development Agreement For A 7.561-Acre Tract At The Northeast Corner Of The Intersection Of U.S. 17 - 92 And Nursery Road. (This Agenda Item Has Been Delayed To The June 24, 2002 Regular Meeting Agenda.) REGULAR C. Community Development Department Requesting Commission Consider And Approve A Development Agreement For An Automotive Repair Shop On A 1.36-Acre Parcel Along The South Side Of State Road 434, Just East Of The Entrance To Tuskawilla Trails. With brief discussion, Commissioner McLeod asked, "Does the applicant [Mr. Miranda] agree with the Development Agreement at this time?" . Mayor Partyka said, "He [Mr. Miranda] is nodding that he does." Attorney Garganese was requested to add to the Development Agreement that "There will be no overnight parking of tow trucks." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 10.2002 PAGE 26 OF 34 MOTION TO ACCEPT THE RECOMMENDATIONS OF STAFF AND TO ACCEPT THE DEVELOPMENT AGREEMENT DATED JUNE 7, 2002, WITH OUR COMMENTS. MOTION. SECONDED. DISCUSSION. COMMISSIONER BLAKE ASKED ATTORNEY GARGANESE ABOUT THE SPECIAL EXCEPTION THAT EXPIRED. ATTORNEY GARGANESE EXPLAINED THAT LANGUAGE IN THE DEVELOPMENT AGREEMENT ADDRESSES THE SPECIAL EXCEPTION SITUATION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: NAY DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. REGULAR D. Community Development Department Recommends Denial Of A Request For A Variance By Ms. Irene Clark From Section 6-2 And Section 20-103 Of The City Code Of Ordinances, To Encroach As Much As 7 Feet Into The 25 Foot Rear Building Setback, To Replace And Expand A Screened Porch At The Rear Of Her House. Note: The remainder of the Meeting was recorded in the normal manner. Mr. John Baker, AICP, Current Planning Coordinator, Community Development Department, introduced this Agenda Item to the City Commission. Ms. Irene Clark, 763 Sheoah Boulevard, Winter Springs, Florida: addressed the City Commission. Discussion ensued on the "PUD" and Homeowner's Association documents. Commissioner Blake asked if "You have a letter from the Architectural Review Board in the Highlands?" Ms. Clark responded, "Yes." Commissioner Blake then stated, "And they approved it? If! am right on this and I think I might be, 20-357. (12) - I believe we don't have to act on this." Deputy Mayor Gennell added, "That's right. 'PUD's' establish their own." Commissioner Blake then pointed out that, "If you, according to your documents, it tells you who you have to go to for a Variance, and I think it is the Architectural Review Board there, and ifthey gave you a Variance, in my opinion, I think you are legal." Discussion ensued on setbacks; "PUD" documents; and the recorded Homeowner's Association's "PUD" documents. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 10,2002 PAGE 27 OF 34 "I MAKE A MOTION THAT WE APPROVE THE VARIANCE - SUBJECT TO THE CITY ATTORNEY'S DETERINATION THAT OUR APPOVAL IS NOT NECESSARY." MOTION BY DEPUTY MAYOR GENNELL. COMMISSIONER MILLER STATED, "MY SUGGESTION THEN WOULD BE TO HAVE THE CITY ATTORNEY LOOK INTO THIS AND IF YOUR HOA [HOMEOWNER'S ASSOCIATION] IS THE FINAL APPROVAL AUTHORITY, I THINK WE JUST NEED AN INFORMATION ITEM AT OUR NEXT MEETING THAT SAYS WE DIDN'T HAVE TO LOOK AT THIS AND IT WAS REFERRED TO YOUR HOMEOWNER ASSOCIATION'S 'PUD' DOCUMENT TO MAKE THE APPROPRIA TE DISPOSITION OF YOUR REQUEST." MAYOR PARTYKA POINTED OUT THAT "THE ONLY ISSUE IS IF THE HOMEOWNER'S ASSOCIATION DOCUMENTS DO NOT - ALLOW THAT- SHE IS BACK HERE, AND THAT IS THE PURPOSE OF HER BEING HERE TODAY." SECONDED. DISCUSSION. WITH FURTHER DISCUSSION, DEPUTY MAYOR GENNELL STATED, "I WILL WITHDRAW IT." Mayor Partyka stated, "Okay, let's withdraw it and start all over." Discussion. "I THINK THE ONLY THING THAT WE CAN DO IS TO DIRECT THE CITY ATTORNEY TO GET A COpy OF THE OFFICIAL 'PUD' - DOCUMENTS FOR THIS PARCEL AND DETERMINE THROUGH THAT WHAT THE VARIANCE PROCESS IS, BECAUSE THAT IS THE ZONING CODE." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. "MY AMENDMENT IS THAT WHEN THIS COMES BACK TO US, THAT WE HANDLE IT EXPEDITIOUSLY, RIGHT AFTER MR. REECE." AMENDMENT TO THE MOTION BY COMMISSIONER McLEOD. MAYOR PARTYKA STATED, "I DON'T THINK WE NEED TO DO THAT AS PART OF THE MOTION, THAT'S AN UNDERSTANDING." DEPUTY MAYOR GENNELL ADDED, "IT NEEDS TO HAPPEN." MAYOR PARTYKA STATED, "I AGREE WITH YOU." VOTE: DEPUTYMAYORGENNELL: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 10,2002 PAGE 28 OF 34 Deputy Mayor Gennell added, "There is still the question out there that the City Attorney is going to research." REGULAR J. Community Development Department Requests The City Commission Approve The Preliminary Development/Engineering Plans For The Proposed Tuskawilla Trails Phase II Subdivision (An Expansion Of The Existing Mobile Home Community). Mr. Baker spoke briefly on this Agenda Item. "IF IT CONFORMS TO CODE, THEN IT IS APPROPRIATE THAT WE APPROVE THE ITEM." MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. REGULAR E. Finance Department Requesting The City Commission Review The Attached Budget Calendar For FY 03 And Make Changes As Necessary To The Scheduled Workshop Dates. With discussion, Members of the Commission agreed to hold the first Budget Workshop at the previously scheduled date and time of July 8th at 5 p.m. (to 6:30 p.m.) and the second Budget Workshop would take place on July 9th at 6 p.m. Mayor Partyka added, "Then after the 9th we could determine whether we need more Meetings." The City Clerk was asked to provide refreshments. REGULAR M. Office Of Commissioner David W. McLeod Requesting The City Commission Reconsider Its Decision Regarding A Variance On An ll-Inch Deck And Screen Pool Enclosure Encroachment Into A Recorded Drainage Easement Located At 703 Palencia Court In Seville Chase. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 10,2002 PAGE 29 OF 34 "I WOULD LIKE TO MAKE A MOTION THAT WE RECONSIDER ON ITEM 'M' REGARDING THE VARIANCE ON AN ELEVEN INCH (11") DECK AND SCREEN POOL ENCLOSURE ENCROACHMENT INTO A RECORDED DRAINAGE EASEMENT AT 703 PALENCIA COURT IN SEVILLE CHASE." MOTION BY COMMISSIONER McLEOD. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. Mr. Sieve Felices. Sunrise Pools, 1319 Lake Drive. Casselberry. Florida: gave a brief~ synopsis of the history of this request for a Variance, and mentioned that he had received a letter from St. Johns River Water Management District. Discussion. ~~ Tape 4/Side B Further discussion. Deputy Mayor Gennell stated, "Point of Order" and asked if this related to a "PUD. " With discussion, Attorney Garganese referred to a previous Staff report on this Item and stated, "The encroachment is in conflict with two (2) things. One (1), the approved plot plan and this City's policy of not placing buildings or structures in recorded easements. Now, 6-84. which we considered earlier this evening, the amended language regarding easements would permit accessory buildings or structures in an easement, if the easement specifically allowed for it. Under the current Ordinance, it says absolutely no building shall be constructed or placed on an easement." <:T Discussion. Attorney Garganese then said, "Mr. Baker has it in his file - perhaps we need to wait and see if the Commission revises 6-84. with the proposed language - in which case you don't even have an issue." Commissioner Miller spoke for the record that he is not related to the Miller's who are requesting the Variance. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 10.2002 PAGE 30 OF 34 "LET THE CITY ATTORNEY COME BACK TO US ABOUT WHETHER OR NOT WE NEED TO ACT ON IT, OR WHETHER OR NOT THE HOMEOWNER'S ASSOCIATION HAS THE AUTHORITY." MOTION BY DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER MILLER. DISCUSSION. ATTORNEY GARGANESE STATED, "CERTAINLY WE CAN BRING THAT INFO BACK TO YOU AT THE NEXT MEETING. YOU MAY WANT TO CONSIDER POSTPONING EVEN AFTER THAT - UNTIL YOU ADDRESS 6- 84." DEPUTY MAYOR GENNELL ADDED, "POSTPONE IT UNTIL THE OUTCOME OF THIS ORDINANCE THAT WE ARE REDRAFTING." ATTORNEY GARGANESE STATED, "IF THEY HAVE THE AUTHORITY TO GRANT - THE ABILITY TO PUT THE STRUCTURE IN THE EASEMENT, AND 6-84. WAS CHANGED TO PERMIT STRUCTURES TO BE PLACED IN THE EASEMENTS - WITH THE APPROVAL OF THE PERSON THAT HOLDS THE EASEMENT OR THE PROPERTY OWNER; THEN WE DON'T EVEN HAVE AN ISSUE." FURTHERMORE, ATTORNEY GARGANESE STATED, "ONE (1), WE NEED TO GO BACK AND CHECK AND SEE IF THE HOMEOWNER'S ASSOCIATION HAS THE AUTHORITY. WE CAN BRING THAT INFORMATION BACK TO YOU AT THE NEXT MEETING AND THEN TWO (2), SEE IF THE COMMISSION AMENDS 6-84." VOTE: COMMISSIONER BLAKE: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Commissioner McLeod then suggested, "This Item that we just discussed - the same night that we bring the other forward, should it be on the Agenda, that night?" Mayor Partyka stated, "So noted." Commissioner Blake was honored for his recent Birthday. .:..:. AGENDA NOTE: THE FOLLOWING ISSUE WAS DISCUSSED NEXT, AS DOCUMENTED. .:. .:. Mr. Carrington advised the City Commission that they needed to confirm the colors to be used for the new Publix, located within the Town Center. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 10.2002 PAGE310F34 With a discussion of the color board, Deputy Mayor Gennell commented on a discussion she had regarding the proposed colors: Deputy Mayor Gennell then stated, "I think we are just supposed to decide if we can live with them, all of them, on different facades." With further discussion, Mr. Carrington advised the Commission that, "The Architect has already chosen the colors. 1 merely was asked to get your blessing on the colors, that why I asked each of you to go by and take a look." Mayor Partyka asked the Commission, "Are you in agreement with Commissioner Gennell's suggestion or any other suggestion?" No objections were noted. .:. .:. AGENDA NOTE: THE NEXT ITEM WAS NOT DISCUSSED AS ORIGINALLY MENTIONED UNDER "AGENDA CHANGES" AT THE BEGINNING OF THIS MEETING. .:..:. VI. REGULAR REGULAR P. Office Of The Mayor - Paul P. Partyka Requesting The Commission To Discuss Concerns He Has With Amendments To Ordinance 2002-13 Which Was Approved By The Commission On May 13, 2002 Regarding Dumpsters Located Within The City Of Winter Springs. At the beginning of this Meeting, under "Agenda Changes," Mayor Partyka stated that Regular Agenda Item "P" should not have been on this Agenda, and "That is going to be - postponed to June 24th." VIII. ADJOURNMENT Mayor Partyka adjourned the Meeting at 1 :26 a.m. .:..:. AGENDA NOTE: THE FOLLOWING ITEMS WERE NOT DISCUSSED DURING THIS MEETING. .:..:. VI. REGULAR REGULAR F. Office Of The City Manager Providing The City Commission With Information Pertaining To The Seminole County Archeological Survey. (At The Request Of Deputy Mayor Cindy Gennell, This Agenda Item Will Be On The June 24, 2002 Regular Meeting Agenda.) CITY OF WINTER SPRINGS M IN UTES CITY COMMISSION REGULAR MEETING - JUNE 10,2002 PAGE 32 OF 34 REGULAR H. Office Of The Mayor Requests That The City Commission Consider Setting The Agenda For A Joint Meeting With The City Of Oviedo City Council. (This Agenda Item Was Previously Listed On The May 13,2002 Regular Agenda, And The May 20, 2002 Special Meeting Agenda, However, At The May 20, 2002 Special Meeting, This Agenda Item Was Postponed To The June 10,2002 Regular Meeting. REGULAR I. Office Of The City Clerk Requests That The City Commission Decide On The Appropriate Appointments Or Reappointments For Terms Of Office Which Will Be Expiring In July 2002 - Specifically Regarding Members Of The Beautification Of Winter Springs Board; The. Board Of Adjustment; The Code Enforcement Board; The Planning And Zoning Board/Local Planning Agency; And The Terms Of Office Which Will Be Expiring In August 2002 - Specifically Regarding Members Of The Oak Forest Wall And Beautification District Advisory Committee. REGULAR K. Fire Department Requesting The City Commission To Discuss Senior Transportation And To Provide Further Direction. (This Agenda Item Was Previously Listed On The May 13, 2002 Regular Agenda, And The May 20, 2002 Special Meeting Agenda, However, At The May 20, 2002 Special Meeting, This Agenda Item Was Postponed To The June 10,2002 Regular Meeting. REGULAR L. Office Of The City Manager Requesting The City Commission To Decide Issues Related To The City Manager's Annual Review. (This Agenda Item Has Been Delayed To The June 24, 2002 Regular Meeting Agenda.) REGULAR O. Office Of The City Attorney Authorize The City Manager To Execute A Settlement Agreement With The State Of Florida Attorney General's Office Regarding Medicaid Overpayments. Further, Instruct The City Attorney's Office To Seek Reimbursement From MCPG For The Costs Associated With The Investigation Conducted By The Florida Attorney General's Office And For Any Fees Collected By MCPG On The Overpayment. VII. REPORTS REPORTS A. City Attorney - Anthony A. Garganese, Esquire CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 10,2002 PAGE 33 OF 34 REPORTS B. City Manager - Ronald W. McLemore REPORTS C. City Clerk - Andrea Lorenzo-Luaces REPORTS D. Commission Seat Two - Michael S. Blake REPORTS E. Commission Seat Three - Edward Martinez, Jr. REPORTS F. Commission Seat Four/Deputy Mayor - Cindy Gennell REPORTS G. Commission Seat Five - David W. McLeod REPORTS H. Commission Seat One - Robert S. Miller REPORTS I. Office Of The Mayor - Paul P. Partyka ~ .l~ .(q ~ RESPECTFULLY SUBMITTED: ANDREA LORENZO-LUACES, CMC CITY CLERK APPROVED: PAULP. PARTYKA MAYOR NOTE: These Minutes were approved at the CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JUNE 10.2002 PAGE 34 OF 34 .2002 Regular City Commission Meeting.