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HomeMy WebLinkAbout2006 11 13 Consent 412 Approval City Commission Special Minutes November 1, 2006 CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING NOVEMBER 1, 2006 CALL TO ORDER The Special Meeting of Wednesday, November 1, 2006 of the City Commission was called to Order by Mayor John F. Bush at 6:01 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Mayor John F. Bush, present Deputy Mayor Michael S. Blake, arrived at 6:25 p.m. Commissioner Robert S. Miller, present Commissioner Donald A. Gilmore, present Commissioner Sally McGinnis, present Commissioner Joanne M. Krebs, present City Manager Ronald W. McLemore, present City Attorney Anthony A. Garganese, arrived at 6:03 p.m. Mayor Bush introduced a Moment of Silence, followed by the Pledge of Allegiance. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 200. Community Development Department - Planning Division And Office Of The City Attorney Request That The City Commission Hold A Public Hearing For Second Reading Of Ordinance Number 2006-19, Which Amends The Zoning District Code To Allow Public Recreational Areas And Facilities In The C-1 And PUD (Planned Unit Development) Zoning Districts As Permitted Uses. Mayor Bush read Ordinance 2006-19 by "Title" only. Mr. Randy Stevenson, ASLA, Director, Community Development Department presented his opening comments and stated, "This is a Second Reading' This will come before you again for Final Reading and Adoption at your November 13 , [2006] Meeting." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - NOVEMBER 1,2006 PAGE 2 0F 5 With further comments, Mr. Stevenson mentioned, "Although the Ordinance Title very specifically says PUD (Planned Unit Development) Zoning Districts, we are going to look at the language within the - Ordinance itself - it says - PUD (Planned Unit Development) - planned residential communities, it would be the PUD (Planned Unit Development) Zoning District regardless of whether it was 'Residential' and Land Use or not. In the particular area that we are talking about, is a 'Commercial' Land Use within a PUD (Planned Unit Development) Zoning District. We just want to clarify that language. " City Attorney Anthony A. Garganese arrived at 6:03 p.m. Mayor Bush opened the "Public Input" portion of the Agenda Item. Ms. Helga Schwarz, 720 Galloway Court, Winter Springs, Florida: mentioned her concern with not getting a "Clear definition" of recreational area and facilities. Mayor Bush closed the "Public Input" portion of the Agenda Item. Attorney Garganese stated, "We could clarify under the PUD (Planned Unit Development) section, the specific location where it would be permitted as a matter of right. " Commissioner Sally McGinnis stated, "1 would support that. 1 think it should be site specific." Mayor Bush then said, "The rest of the Commission in agreement?" Commissioner Joanne M. Krebs stated, "Clarification would be what 1 would support so that we could prevent - or wash away any fears that are out there. " Attorney Garganese then suggested, "We could clarify that - in a PUD (Planned Unit Development) area, it would be incorporated in a park, located - on a major - State roadway, like State Road 434. Would that work or is there another PUD (Planned Unit Development) area that would be adjacent to State Road 434?" Mayor Bush added, "{State Road] 434 and {State Road] 417?" Attorney Garganese noted, "Maybe we could do it that way." Attorney Garganese agreed and remarked, "State Road 434 and {State Road] 417?" Commissioner McGinnis commented, "Good." CommisSioner Krebs stated, "Okay." No objections were noted. Mr. Don Fisher, Deputy County Manager, Seminole County, 1101 East First Street, Sanford, Florida: stated, "I agree with what is said - if you put it down, incorporating into a limited access road and - a limited access road is [State Road] 417 and there is only one that goes through the community. It would take out the Highlands - limited access road, located adjacent to or incorporated in with the park that is next to a limited access road, or you could arterial and collector road - either one would work." r- 1 f"r' :- ~ . ~ p , t"'" il ~~ ~ ~~llt:~~~\I~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - NOVEMBER I, 2006 PAGE 3 OF 5 Mayor Bush asked, "The Commissioners are all in agreement with the recommendations that you have heard?" Commissioner Krebs remarked, "Yes." Commissioner McGinnis said, "Yes." No objections were voiced. "MOTION TO APPROVE INCORPORATING THE SUGGESTED LANGUAGE - SITE SPECIFIC - MOVE TO THIRD READING." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. MR. STEVENSON SPOKE FOR THE RECORD AND STATED, "WE HAD TALKED EARLIER ANTHONY [GARGANESE] ABOUT THE USE OF THE TERMINOLOGY WITHIN THE ORDINANCE - PLANNED RESIDENTIAL COMMUNITIES - ISN'T THAT OKAY? BECAUSE - IN THE TITLE OF ORDINANCE WE SAY PUD (PLANNED UNIT DEVELOPMENT) ZONING." ATTORNEY GARGANESE REMARKED, "I CAN MAKE THAT CONSISTENT." VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. PUBLIC HEARINGS 201. Community Development Department - Planning Division ADD-ON In Cooperation With The Public Works Department, Request That The City Commission Hold A Public Hearing To Resolve An Inconsistency In The Aesthetic Review For Building 17 (Phase 1) Of The Winter Springs Town Center. Mr. Stevenson spoke on this Agenda Item. "MOTION TO APPROVE." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. c- ~ (""--"""1 :- - M t:'" 11 ~--4 --~ ~ ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - NOVEMBER 1,2006 PAGE 4 OF 5 In other City business, the following was discussed: Mr. George D. Tullos, James Doran Company, 216 Seven Farms Drive, Suite 200, Charleston, South Carolina: spoke to the City Commission on emails, memos, misunderstandings, and working together. Mr. Tullos stated, "We're willing to write Hold Harmless Agreement that holds the City completely harmless." Discussion. Mr. Tullos spoke on the review of Plans. Commissioner McGinnis noted, "I would support a full review." Furthermore, Mr. Tullos then mentioned that they had not been notified of this Meeting. Manager McLemore stated, "I will send you a letter - Brian Fields (P.E., City Engineer, Public Works department) who will tell you this is not correct." Deputy Mayor Michael S. Blake arrived at 6:25 p.m. Mayor Bush said to Andrea Lorenzo-Luaces, City Clerk, "Will you make sure that anytime there is an Agenda Item that concerns the ToWfl Center that the Doran Company is notified - that might help." Manager McLemore next commented on a Public Records Request related to a research type request from Mr. Ron Ligthart and then said, "Unless the Commission directs me, I am not going to invest any more staff time in this." Regarding the requested information, Commissioner Krebs inquired, "Does he know how to get it?" Manager McLemore remarked, "I think so, but we can advise him again." Continuing, Manager McLemore noted, "I think we provided him with all the documents that are necessary for him to do that - but we can do that again, or try to - show him where the information is." "I WOULD LIKE TO MAKE A MOTION THAT THE COMMISSION HAS A RESOLUTION THAT STATES THAT WE WILL FOLLOW THE STATUTE PRECISELY WHEN IT COMES TO PUBLIC RECORDS REQUESTS, BUT THAT WE WILL NOT INVEST STAFF TIME..." MANAGER McLEMORE ADDED, "...FOR MAKING FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS AND DOING BASIC RESEARCH." DEPUTY MAYOR BLAKE ADDED, "THAT IS MY MOTION." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. ~ (""r' =- ~ ~ ~ ~ r-' , r-' t ~r: :.-~ : . CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - NOVEMBER 1,2006 PAGE 5 0F 5 ATTORNEY GARGANESE NOTED, "WE DO HAVE A PUBLIC RECORDS POLICY. " ATTORNEY GARGANESE ADDED, "IF IT'S NOT COVERED, WE'LL BRING IT BACK AND MAKE SURE THAT YOU COVER IT, PURSUANT TO YOUR DIRECTION TONIGHT." VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. ADJOURNMENT Mayor Bush adjourned the Special Meeting at 6:40 p.m. RESPECTFULLY SUBMITTED: ANDREA LORENZO-LUACES, CMC CITY CLERK APPROVED: JOHN F. BUSH MAYOR NOTE: These Minutes were approved at the , 2006 Regular City Commission Meeting. r 1 r--, ~ - .. ~ 0~ ,..... " ,...,. . ~~ :--; : . CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING NOVEMBER 1, 2006 CALL TO ORDER The Special Meeting of Wednesday, November 1, 2006 of the City Commission was called to Order by Mayor John F. Bush at 6:01 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Mayor John F. Bush, present Deputy Mayor Michael S. Blake, arrived at 6:25 p.m. Commissioner Robert S. Miller, present Commissioner Donald A. Gilmore, present Commissioner Sally McGinnis, present Commissioner Joanne M. Krebs, present City Manager Ronald W. McLemore, present City Attorney Anthony A. Garganese, arrived at 6:03 p.m. Mayor Bush introduced a Moment of Silence, followed by the Pledge of Allegiance. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 200. Community Development Department - Planning Division And Office Of The City Attorney Request That The City Commission Hold A Public Hearing For Second Reading Of Ordinance Number 2006-19, Which Amends The Zoning District Code To Allow Public Recreational Areas And Facilities In The C-l And PUD (Planned Unit Development) Zoning Districts As Permitted Uses. Mayor Bush read Ordinance 2006-19 by "Title" only. Mr. Randy Stevenson, ASLA, Director, Community Development Department presented his opening comments and stated, "This is a Second Readin!. This will come before you again for Final Reading and Adoption at your November 13 , [2006] Meeting." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - NOVEMBER 1, 2006 PAGE 2 OF 5 With further comments, Mr. Stevenson mentioned, "Although the Ordinance Title very specifically says PUD (Planned Unit Development) Zoning Districts, we are going to look at the language within the - Ordinance itself - it says - PUD (Planned Unit Development) - planned residential communities, it would be the PUD (Planned Unit Development) Zoning District regardless of whether it was 'Residential' and Land Use or not. In the particular area that we are talking about, is a 'Commercial' Land Use within a PUD (Planned Unit Development) Zoning District. We just want to clarify that language." City Attorney Anthony A. Garganese arrived at 6:03 p.m. Mayor Bush opened the "Public Input" portion of the Agenda Item. Ms. Helga Schwarz, 720 Galloway Court, Winter Springs, Florida: mentioned her concern with not getting a "Clear definition" of recreational area and facilities. Mayor Bush closed the "Public Input" portion of the Agenda Item. Attorney Garganese stated, "We could clarify under the PUD (Planned Unit Development) section, the specific location where it would be permitted as a matter of right. " Commissioner Sally McGinnis stated, "I would support that. 1 think it should be site specific. " Mayor Bush then said, ttThe rest of the Commission in agreement?" Commissioner Joanne M. Krebs stated, ttClarification would be what 1 would support so that we could prevent - or wash away any fears that are out there. " Attorney Garganese then suggested, "We could clarify that - in a PUD (Planned Unit Development) area, it would be incorporated in a park, located - on a major - State roadway, like State Road 434. Would that work or is there another PUD (Planned Unit Development) area that would be adjacent to State Road 434?" Mayor Bush added, tt{State Road] 434 and {State Road] 417?" Attorney Garganese noted, "Maybe we could do it that way." Attorney Garganese agreed and remarked, ttState Road 434 and {State Road] 417?" Commissioner McGinnis commented, ttGood." Commissioner Krebs stated, ttOkay." No objections were noted. .Mr. Don Fisher, Deputy County Manager, Seminole County, 1101 East First Street, Sanford, Florida: stated, "I agree with what is said - if you put it down, incorporating into a limited access road and - a limited access road is [State Road] 417 and there is only one that goes through the community. It would take out the Highlands - limited access road, located adjacent to or incorporated in with the park that is next to a limited access road, or you could arterial and collector road - either one would work." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - NOVEMBER 1, 2006 PAGE 3 OF 5 Mayor Bush asked, "The Commissioners are all in agreement with the recommendations that you have heard?" Commissioner Krebs remarked, "Yes." Commissioner McGinnis said, "Yes." No objections were voiced. "MOTION TO APPROVE INCORPORATING THE SUGGESTED LANGUAGE - SITE SPECIFIC - MOVE TO THIRD READING." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. MR. STEVENSON SPOKE FOR THE RECORD AND STATED, "WE HAD TALKED EARLIER ANTHONY [GARGANESE] ABOUT THE USE OF THE TERMINOLOGY WITHIN THE ORDINANCE - PLANNED RESIDENTIAL COMMUNITIES - ISN'T THAT OKAY? BECAUSE - IN THE TITLE OF ORDINANCE WE SAY PUD (PLANNED UNIT DEVELOPMENT) ZONING." ATTORNEY GARGANESE REMARKED, "I CAN MAKE THAT CONSISTENT." VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. PUBLIC HEARINGS 201. Community Development Department - Planning Division ADD-ON In Cooperation With The Public Works Department, Request That The City Commission Hold A Public Hearing To Resolve An Inconsistency In The Aesthetic Review For Building 17 (Phase 1) Of The Winter Springs Town Center. Mr. Stevenson spoke on this Agenda Item. "MOTION TO APPROVE." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING - NOVEMBER 1,2006 PAGE 4 OF 5 In other City business, the following was discussed: Mr. George D. Tullos, James Doran Company, 216 Seven Farms Drive, Suite 200, Charleston, South Carolina: spoke to the City Commission on emails, memos, misunderstandings, and working together. Mr. Tullos stated, "We're willing to write Hold Harmless Agreement that holds the City completely harmless." Discussion. Mr. Tullos spoke on the review of Plans. Commissioner McGinnis noted, "I would support a full review." Furthermore, Mr. Tullos then mentioned that they had not been notified of this Meeting. Manager McLemore stated, "I will send you a letter - Brian Fields (P.E., City Engineer, Public Works department) who will tell you this is not correct." Deputy Mayor Michael S. Blake arrived at 6:25 p.m. Mayor Bush said to Andrea Lorenzo-Luaces, City Clerk, "Will you make sure that anytime there is an Agenda Item that concerns the Town Center that the Doran Company is notified - that might help." Manager McLemore next commented on a Public Records Request related to a research type request from Mr. Ron Ligthart and then said, "Unless the Commission directs me, I am not going to invest any more staff time in this." Regarding the requested information, Commissioner Krebs inquired, "Does he know how to get it?" Manager McLemore remarked, "I think so, but we can advise him again." Continuing, Manager McLemore noted, "I think we provided him with all the documents that are necessary for him to do that - but we can do that again, or try to - show him where the information is." "I WOULD LIKE TO MAKE A MOTION THAT THE COMMISSION HAS A RESOLUTION THAT STATES THAT WE WILL FOLLOW THE STATUTE PRECISELY WHEN IT COMES TO PUBLIC RECORDS REQUESTS, BUT THAT WE WILL NOT INVEST STAFF TIME..." MANAGER McLEMORE ADDED, "...FOR MAKING FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS AND DOING BASIC RESEARCH." DEPUTY MAYOR BLAKE ADDED, "THAT IS MY MOTION." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION SPECIAL MEETING -- NOVEMBER 1,2006 PAGE 5 0F 5 ATTORNEY GARGANESE NOTED, "WE DO HAVE A PUBLIC RECORDS POLICY." ATTORNEY GARGANESE ADDED, "IF IT'S NOT COVERED, WE'LL BRING IT BACK AND MAKE SURE THAT YOU COVER IT, PURSUANT TO YOUR DIRECTION TONIGHT." VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE DEPUTYMAYORBLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. ADJOURNMENT Mayor Bush adjourned the Special Meeting at 6:40 p.m. RESPECTFULLY SUBMITTED: REA LORENZO-LUACES, CMC CLERK "'_ I APPROVED: , f. )~ I; NOTE: These Minutes were approved at the November 13,2006 Regular City Commission Meeting.