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HomeMy WebLinkAbout2003 11 10 Consent 206 Unapproved Minutes from the October 27, 2003 City Commission Regular Meeting COMMISSION AGENDA ITEM 206 Consent X Informational Public Hearings Regular November 10. 2003 Regular Meeting Mgr. / Dept. Authorization CONSENT 206. Office Of The City Clerk Requesting Approval Of The October 27, 2003 City Commission Regular Meeting Minutes. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING OCTOBER 27, 2003 CALL TO ORDER The Regular Meeting of Monday, October 27,2003 of the City Commission was called to order by Mayor John F. Bush 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 John F. Bush, present Deputy Mayor Robert S. Miller, present Commissioner Michael S. Blake, present Commissioner Edward Martinez, Jr., present Commissioner Sally McGinnis, absent Commissioner David W. McLeod, present City Manager Ronald W. McLemore, present City Attorney Anthony A. Garganese, present After a moment of silence, Mayor Bush led the Pledge of Allegiance. AWARDS AND PRESENTATIONS Ms. Lurene Lyzen, a long-time resident of the City of Winter Springs and Member of the Code Enforcement Board was presented by Mayor Bush and the City Commission with a "Key to the City," a Proclamation, and a bouquet of roses. Ms Lyzen is moving from the area to Ohio. .:..:. AGENDA NOTE: THE FOLLOWING REPORT WAS GIVEN NEXT, PRIOR TO PUBLIC INPUT. .:..:. REPORTS REPORTS 600. Office Of The City Attorney - Anthony A. Garganese, Esquire City Attorney Anthony A. Garganese spoke about the Medical Claims Processing Group CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 27,2003 PAGE 2 OF 22 Attorney Garganese stated, "We reached a Settlement Agreem~nt where they would reimburse the City the $1,400.00 that the City expended to the Attorney General's office, plus Attorney fees and costs for pursuing the action in Court pursuant to the contract, so the City will recover approximately $3,500.00. Next, Attorney Garganese then advised the City Commission that "I will be meeting with the City Attorneys in Seminole County to discuss possible regulations regarding the gambling issue you may have read about in the newspaper - there are some Casino Gambling and Adult Arcades that are cropping up in Florida. The catch is these Arcades are paying out in coupons and prizes instead of cash and they are getting around the State of Florida Gaming Laws. So, local communities are looking at the possibility of adopting Ordinances to regulate that particular activity." PUBLIC INPUT Ms. Juanita Blumberg, 141 Doran Boulevard, Winter Springs, Florida: thanked the City Commission for the honor of naming Blumberg Boulevard in memory of her husband. Mr. Bob Rucci, 973 Turkey Hol/ow Circle, Winter Springs, Florida: commented on the proposed Paw Park and a third alternative for this site. Mr. Rucci also mentioned some Grant monies for the Jetta Point property. .:..:. AGENDA NOTE: THE REST OF THE REPORTS WERE GIVEN NEXT, AS DOCUMENTED. .:. .:. REPORTS 601. Office Of The City Manager - Ronald W. McLemore City Manager Ronald W. McLemore noted that Central Winds Park has been highlighted in the JD (John Deere) Sidelines Publication and recognized Mr. Chuck Pula, Director and Mr. Donald James, Superintendent - Parks and Recreation Department for this effort. Mr. Pula and Mr. James presented a display board showing this article, to the City Commission. Mayor Bush added, "Maybe we can find a place out in the Lobby for that, Andrea [Lorenzo-Luaces, City Clerk]. CITY OF WfNTER SPRINGS MfNUTES CITY COMMISSION REGULAR MEETING - OCTOBER 27,2003 PAGE 3 OF 22 Secondly, Manager McLemore had Chief of Police Daniel J. Kerr come forward regarding the Police Department attaining Accreditation. Chief Kerr recognized Captain Glenn Tolleson, Captain Joe Riddick, and Lieutenant Dave Smith for their assistance in this effort. Commissioner Edward Martinez, Jr. added, "I think the credit for this achievement goes to the leadership and the men and women that make up our Police Department." REPORTS 602. Office Of The City Clerk - Andrea Lorenzo-Luaces No Report. REPORTS 603. Commission Seat Two - Michael S. Blake Commissioner Michael S. Blake stated, "Again, congratulations to the Parks Department and the Police Department." Secondly, Commissioner Blake remarked about the Town Center and building access; and said, "Many of the doors that are supposed to be the front doors are locked, and the back doors are unlocked. Many of the orientations inside of each space are certainly geared towards the rear and not towards the front, and if we allow this to continue - through the remaining development, most specifically on Tuskawilla Road or Main Street, I think we are going to find ourselves with a project much different than what we had intended to have when we started." Commissioner Blake added, "I have talked to the [City] Manager about this and I think we need to have either a Workshop or certainly task our Staff to do some additional work on this as to how we are going to fix this problem, most specifically on Tuskawilla Road - Main Street." Manager McLemore stated, "Staff is putting together a lot of comments on this issue from our trip up to Virginia and hopefully we could have that Workshop - certainly within the next thirty (30) days." Mayor Bush stated, "The Commission is in agreement with what Commissioner Blake has recommended, and I think the [City] Manager really addressed a Workshop to address the issues." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 27, 2003 PAGE 4 OF 22 REPORTS 604. Commission Seat Three - Edward Martinez, Jr. Commissioner Martinez stated, "I want to thank the City Manager for his response to a problem that occurred over the weekend" regarding a situation involving the water Department. Commissioner Martinez added that he knows a number of residents who are experiencing problems with meter readings. Next, Commissioner Martinez spoke of comments that he made at a previous Meeting related to problems on Colt Drive. Commissioner Martinez added, "As of Saturday Night, litter was still all around the street - in front of the 7-11, across the street from the 7 -11." Commissioner Martinez asked Manager McLemore to "Please make sure that somebody goes there and takes care of business." Regarding Greenbriar Lane, Commissioner Martinez pointed out that "Where the - pond is, there is a large branch of a tree that fell." Commissioner Martinez added, "I hope that somebody will take care ofthis." Lastly, Commissioner Martinez read some comments by comedian George Carlin. REPORTS 605. Commission Seat Four - Sally McGinnis Absent. REPORTS 606. Commission Seat Five - David W. McLeod Commissioner David W. McLeod stated, "I would like to thank our Parks Director and our Police Chief and your staffs for the great job that you have been doing." Secondly, Commissioner McLeod spoke of the suggested Workshop and added, "I think that Workshop needs to not only include your staff and this Commission, but I think that Workshop needs to include the Developer." Commissioner McLeod then stated, "I think that the Developer should be here and I would like it to be a friendly Workshop. It would be nice to see that maybe we can issues of their concerns and issues of our concerns." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 27, 2003 PAGE 5 OF 22 Thirdly, in regards to the Town Center, Commissioner McLeod said, "I think that one of the problems that we definitely have over there is the center parking - the big field." Furthermore, Commissioner McLeod added, "I think as we see our buildings moving forward, I think we need to be talking to the Developer and we need to take a look at this ourselves - something to do with a retail parking garage over there - retail on the bottom and parking on the top, in order to accommodate what is going to be needed in the Town Center in the future." Discussion ensued with Mr. Kip Lockcuff, P.E., Publi.c W orkslUtility Department Director on problems associated with the building elevation and the sidewalks. Commissioner McLeod then said to Manager McLemore, "I'll take this up with you Ron [McLemore]." Commissioner McLeod then spoke on the widening of Fisher Road and the removal of trees. With discussion, Manager McLemore added, "We need to look at the opportunities of replanting once we see what it looks like, when everything is in - then nothing is to stop us from going back out there and replanting to the extent that we can." Commissioner McLeod remarked, "That would definitely help." REPORTS 607. Office Of The Mayor - John F. Bush Mayor Bush stated, "I also want to express my Congratulations to the Police Department and Parks and Recreation [Department], but I also want to thank the Commissioners as well as those who served before because you have made the decisions." Next, Mayor Bush noted that "Commissioner Blake was recently re-elected to the Executive Board for the Florida League of Cities - for the second time. He also serves on the Advocacy Committee, he was the Chair last year. He is also on the Federal Action Strike Team [FAST] - he has chaired the Municipal Finance and Tax Policy Committee twice, and that is the only time this has ever happened, that an individual has done this twice. So Commissioner Blake deserves our appreciation for the efforts he is making for the Florida League of Cities, not only representing us, but representing all the Cities." Mayor Bush noted that Winter Springs resident, Lieutenant Colonel Charles Buehring died in the recent attack on the aI-Rashid Hotel in Iraq, and said, "We express our condolences to his family." REPORTS 608. Commission Seat One/Deputy Mayor - Robert S. Miller Deputy Mayor Robert S. Miller spoke of being a Member of the Florida League of Cities' Intergovernmental Relations Committee and spoke of a pending issue that "All cities in this state will be required to annex enclaves by the year 2010." CITY OF WrNTER SPRINGS MrNUTES CITY COMMISSION REGULAR MEETrNG - OCTOBER 27,2003 PAGE 6 OF 22 Furthermore, Deputy Mayor Miller commented on a recent event in which he gave the Honorable Ko Kodaira, Consulate General of Japan to the United States of America a "Key to the City." Deputy Mayor Miller noted that this gift was well received. Next, Deputy Mayor Miller asked about the status on "The Resolution that the [City] Attorney was supposedly drafting" regarding the Patriot's Act. Regarding the upcoming construction along State Road 434, Deputy Mayor Miller stated, "One ofthe things I would like this Commission to seriously consider, maybe even hold a Workshop on this - I think it is time for our City to have some Gateway facilities." Additionally, Deputy Mayor Miller stated, "Ifno one has any objections, I would like the City Manager to bring it back as an Informational Item." Tape I/Side B " .:..:. AGENDA NOTE: THE FOLLOWING CONSENT AGENDA ITEM WAS TAKEN OFF OF THE CONSENT AGENDA AND WAS DISCUSSED AND VOTED ON AS A SINGLE AGENDA ITEM. .:. .:. CONSENT CONSENT 200. Police Department Requesting Authorization To Enter Into A Contractual Agreement For The Renovation And Construction Of The John Govoruhk Public Safety Building Expansion Improvements. Manager McLemore spoke about several budgetary options, and then stated, "The way we should deal with this would be to go forward with a short Note and let the Fund pay it back as it can - the interest rates are minimal." Manager McLemore added, "My recommendation to you is authorize me to work with your Financial Advisors and come back with some type of financing paper, whatever, short term facility to deal with this and the other issue of the recommendation." Commissioner Blake stated, "I am not in favor of putting the motorcycles off. I don't know if! would be in favor of putting the development of the building off at this point in time." Furthermore, Commissioner Blake added, "Money is cheap right now, and I think if we had a dedicated source, that the Impact Fee Fund would pay back if that is a short time line in our banking institution." Manager McLemore added, "That would be credit enhanced by the General Fund." Commissioner Blake agreed and said, "Right." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 27,2003 PAGE 7 OF 22 Commissioner McLeod said, "Ron [McLemore], I am absolutely not in favor of putting the motorcycles off." Commissioner McLeod then stated, "I would be in agreement with a short term note, something that didn't exceed five (5) years; and something that had no penalties on an early pay back; and some structure of how we would look to pay it back sooner than five." Deputy Mayor Miller added, "I think it is unanimous - I also don't want to put off the motorcycle program." Furthermore, Deputy Mayor Miller added, "I would support a Note." Manager McLemore advised the City Commission that "We will get together with your Financial Advisors and put this together and bring it back to you." Commissioner Martinez added, "I am glad to hear that - we are all in agreement that the motorcycles are going to stay." "MOTION THAT WE APPROVE THE CITY MANAGER COMING BACK TO US." MOTION BY DEPUTY MAYOR MILLER. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. MAYOR BUSH ADDED, "THE MOTION WAS TO APPROVE - THIS AGENDA ITEM WITH THE RECOMMENDATION THAT THE [CITY] MANAGER BRING BACK TO THE COMMISSION INFORMATION ON THE SHORT TERM NOTE." MANAGER McLEMORE THEN SAID, "WE WILL GO AHEAD AND PAY FOR THEIR DELIVERY FROM THE GENERAL FUND, BUT THAT IS JUST VERY SHORT." COMMISSIONER McLEOD SAID TO MANAGER McLEMORE, "WE ARE NOT GOING TO HAVE ANY DELAY HERE RON [McLEMORE} GOING FORWARD THEN? - ARE WE GOING TO BE ABLE TO GO AHEAD AND AWARD THE CONTRACT TO THE BUILDER AND LET HIM GO AHEAD AND START THE BUILDING RIGHT AWAY?" MANAGER McLEMORE RESPONDED, "ABSOLUTELY." VOTE: DEPUTY MAYOR MILLER: AYE COMMISSIONER MARTINEZ: AYE , COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. .:. .:. AGENDA NOTE: THE REMAINDER OF THE CONSENT AGENDA WAS HEARD NEXT, AS DOCUMENTED. .:..:. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 27, 2003 PAGE 8 OF 22 CONSENT CONSENT 201. Information Services Department Requesting Authorization To Dispose Of Surplus Assets According To The Attached Disposition Sheets. CONSENT 202. Office Of The City Clerk Respectfully Requests The City Commission To Utilize Funds Set Aside For Records Management In The FY'04 City Clerk's Budget To Employ A Second Deputy City Clerk Dedicated To Records Management. CONSENT 203. Office Of The City Clerk Approval Of The October 13, 2003 Regular Meeting Minutes. CONSENT 204. Office Of The City Clerk Approval Of The October 20, 2003 Special Meeting Minutes. VOTE: DEPUTY MAYOR MILLER: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. "MOTION TO APPROVE CONSENT AGENDA, LESS ITEM 200." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. Mayor Bush called a Break at 7:28 p.m. The Meeting reconvened at 7:43 p.m. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 27, 2003 PAGE 9 OF 22 INFORMATIONAL INFORMATIONAL 300. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. Commissioner Martinez spoke of the Villagio project and asked if the damaged Crape Myrtles on State Road 434 were going to be replaced? Manager McLemore stated, "Absolutely." Commissioner Martinez added, "Do we have guarantees this will be done?" Manager McLemore added, "They won't get paid." Mayor Bush asked about the status of the Dollar general store. Manager McLemore stated, "I think you will be seeing it shortly." Deputy Mayor Miller said, "I asked for an inclusion also of the wall for Moss Park, 1 noticed it is not on here - so would you please put that on the next Update." Additionally, Deputy Mayor Miller suggested, "So 1 would like to see that included on here - just where we are on that; when it might be going out for bid or whatever." INFORMATIONAL 301. Not Used. INFORMATIONAL 302. Parks And Recreation Department Informing The City Commission That Central Winds Park Is Highlighted In JD (John Deere) Sidelines Publication. INFORMATIONAL 303. Police Department Informing The Commission Of Its Approval For Federal Grant Assistance For Homeland Security Overtime. INFORMATIONAL 304. Police Department Providing Information To The Commission Concerning Its Approval And Award From The Florida Commission For Law Enforcement Accreditation And The Commission On Accreditation For Law Enforcement Agencies. "MOTION TO APPROVE INFORMATIONAL AGENDA." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 27,2003 PAGE 10 OF 22 VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR MILLER: AYE MOTION CARRIED. PUBLIC HEARINGS PUBLIC HEARINGS 400. Not Used. PUBLIC HEARINGS 401. Community Development Department - Planning Division Requests That The Commission As A Corrective Action, Hold A Public Hearing To Consider A Large Scale Comprehensive Plan Amendment (Ordinance 2003-35) Changing The Current Future Land Use Map Designation From "Low Density Residential" To "Medium Density Residential" For Three (3) Parcels Located At The Northwest Corner Of Parkstone Boulevard And State Road 434, Within The Parkstone PUD [Planned Unit Development]. Parkstone Had A "Mixed Use" Future Land Use Map Designation At The Time The Project Was Being Master Planned In 1995. At Some Point The FLUM [Future Land Use Map] Was Changed To "Low Density Residential" Which Was Then Formally Adopted By The Commission And Submitted To DCA [Department Of Community Affairs] With The Adoption Of The Comprehensive Plan By Ordinance 2001-55. "I WOULD LIKE TO MAKE A MOTION THAT WE READ BY 'TITLE' ONLY." MOTION BY COMMISSIONER McLEOD. SECONDED. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR MILLER: AYE MOTION CARRIED. Attorney Garganese read Ordinance 2003-35 by "Title." Mayor Bush opened the "Public Input" portion of this Agenda Item. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 27,2003 PAGE 11 OF 22 No one spoke. The "Public Input" portion of this Agenda Item was closed. Discussion. Tape 2/Side A Commissioner McLeod commented on the discrepancies and asked how "Are we going to stop this from happening?" Discussion ensued with Ms. Eloise Sahlstrom, ASLA, AICP, Senior Planner, Community Development Department. Low-rise townhouses were discussed next. Deputy Mayor Miller stated, "I would just like to make sure that 'Medium Density' is low-rise townhomes." Deputy Mayor Miller then spoke of traffic concerns and said, "The 270 trips a day would be in and out so that would represent an additional 135 cars a day going onto Parkstone Boulevard which probably would not be a catastrophic addition of traffic on that roadway but if it were to - double or triple that number - you might get back to us on that." Ms. Sahlstrom added, "The Land Owner as part of his site planning process will be required to do a Traffic Study - at peak times and so forth." Discussion ensued on errors and whether there was a formal Development Agreement. Mr. Ken Oswald, 600 Courtland Street, Suite 110, Orlando, Florida: as one of the owners of the property, Mr. Oswald addressed the City Commission and introduced another owner, Mr. Lyder Johnson. Mr. Oswald spoke on a proposed project with Morrison Homes. Commissioner Blake said to Mr. Oswald, "When you just mentioned those uses, you used the word 'and' and I might request to hear the word 'or' between those different uses that you just mentioned, in terms of the amount of commercial space or the number of housing units." Mr. Oswald then said, "What we're doing now is going back and changing the Future Land Use Map that was changed in error. We're willing to in effect adopt a use of this property for something that is permitted within the current Planned Unit Development. We're not asking for any Zoning change, we're saying that we will develop this piece of property as permitted under the PUD [Planned Unit Development]." Next, Commissioner Blake said to Mr. Oswald, "I just wanted to clarify that what you are saying and correct me if I am wrong on this, but what you are saying is that you feel that current - Zoning on this property allows for either 120,225 square feet of commercial and/or office space or 180 residential units." Mr. Oswald stated, "That's currently where we are." Commissioner Blake added, "So that would be a correct statement?" Mr. Oswald responded, "Yes." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 27, 2003 PAGE 12 OF 22 With further discussion, Commissioner McLeod said to Mr. Oswald, "Are you relying on the drawing from Donald [W.] McIntosh [Associates, Inc.], dated 7/30 of '97..." Mr. Oswald stated, ".. .No..." Commissioner McLeod added, ".. .Or you have a Development Agreement?" Mr. Oswald'then said, "No." Commissioner McLeod said to Manager McLemore, "I do not have the information in front of me to answer the questions that are being asked." Commissioner Blake said to Mr. Oswald, "You are asking to be able to build 1 08 units of the low-rise townhouse, such as the example as attached to our packet from Morrison Homes?" Mr. Oswald stated, "That is correct." Commissioner Blake added, "And only 108 units?" Mr. Oswald stated, "That is correct." Commissioner Blake then said, "Not 180." Mr. Oswald stated, "Not 180." Commissioner Blake then remarked, "And in there would be provided neighborhood recreational facilities?" Mr. Oswald responded, "Yes." Regarding additional amenities, Mr. Oswald pointed out, "When I stand before you this evening, they have indicated to me that they [Morrison Homes] are going to develop this property, they are going to have certain amenities including a cabana and a poo1." Mayor Bush opened the "Public Input" portion of this Agenda Item. Mr. Jim Wentz, J 05 Windsor Crescent Street, Winter Springs, Florida: stated that his property backs up to the land in question and felt that "Medium Density" would be a better choice. Mr. Lawrence Selig, 2 J 2 Tavestock Loop, Winter Springs, Florida: spoke about a letter he had from Mr. Johnson which spoke of a plan of less than 100 units and commented on his concern with traffic issues. Ms. Lisa Lewis, 262 Tavestock Loop, Winter Springs, Florida: said she was in favor of "Medium Density" Zoning. Mr. Worth Dalton, 280 Tavestock Loop, Winter Springs, Florida: commented on gridlock in Orlando, and noted his preference for "Low Density" Zoning. Ms. Rhonda Ledford, J 02 Windsor Crescent Street, Winter Springs, Florida: spoke of threats made to some residents and stated her preference would be for "Low Density" Zoning. Mr. Russell Hawkins, 730 Seneca Meadows Road, Winter Springs, Florida: noted that he would settle for "Medium Density" Zoning, but he actually preferred "Low Density" Zoning. , , CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 27,2003 PAGE 13 OF 22 Mr. John Mai, 1243 Stone Harbour Road, Winter Springs, Florida: said that he would agree with "Medium Density" Zoning over "Commercial," but that "Low Density" Zoning would be best; spoke of access to State Road 434 for the new Development; and commented for the record about shared expenses. The "Public Input" portion of this Agenda Item was closed. Mr. Stephen Parker, Morrison Homes, 151 Southhall Lane, Suite 200, Maitland, Florida: advised the City Commission that "The type of community that our plan is developing there, at that location is what we consider a very upscale town home product. If you notice the product, which I don't know if every resident in attendance here today - they're all two (2) car garage townhomes, basically it is like a single family home, it is just attached. It is a much higher profile townhome; the price point is going to be much higher than - the competitor's that we sell our homes against every day. Your average sales price will probably be from $175,000.00 to $225,000.00, $230,000.00, and the concern we have is we are a builder in a lot of master planned communities - we realize the importance of your entryways, Parkstone entryways, the maintenance of the walls and surely we will sit down and enter into some type of sharing agreement because of the entryways there - we'll want to make sure that is beautified when we go through our sales process for our homeowners as well. We do have a planned amenity - on site, it's noted tonight as the cabana and swimming pool for our residents. We wanted to make it a gated community as well, private so - it's an upscale - we will you know, the 'Medium Density' that is brought on tonight, it says max is 108 units. We will not be able to probably achieve 108 units, I can't put the final number in there yet, but our preliminary plan shows us not approaching that 108 units." Mayor Bush said, "One thing for the citizens from Parkstone is as this progresses to Site Plan, you might want to have someone from your Homeowner's Association make sure they attend the Commission Meetings, as this - moves forward." Deputy Mayor Miller suggested, "If any of you are interested in what is going on, because it hasn't been turned over yet, doesn't mean you cannot appoint someone. Let the City Clerk know, who those people are, what person or persons and they can still come and listen and give input." MOTION TO "MOVE THIS TO A SECOND READING FOR A TRANS MITT AL OF ORDINANCE 2003-35." MOTION BY COMMISSIONER McLEOD. Commissioner Blake stated, "Point of Order" and spoke of the transmitting of this Ordinance. Tape 2/Side B CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 27,2003 PAGE 14 OF 22 COMMISSIONER McLEOD ADDED, "TRANSMITTAL OF THE ORDINANCE." SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. Mayor Bush called a Break at 9:07 p.m. The Meeting was called back to order by Mayor Bush at 9:19 p.m. PUBLIC HEARINGS 402. Community Development Department - Planning Division Requests That The City Commission Consider First Reading Of Ordinance 2003-39 Amending Section 9-281. Of The Winter Springs' Code Related To The Screening Of Dumpsters. MOTION TO READ BY "TITLE" ONLY. DISCUSSION. MOTION. SECONDED. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR MILLER: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" only. Mayor Bush opened the "Public Input H portion of this Agenda Item. Ms. Helga Schwarz, 720 Galloway Court, Winter Springs, Florida: speaking on behalf of the Highlands Homeowner's Association, Ms. Schwarz requested that the City Commission consider grandfathering in the dumpsters in the Highlands community. Ms. Schwarz also thanked the City Commission for the "Lovely" presentation [earlier this evening] for Lurene Lyzen. The "Public Input" portion of this Agenda Item was closed. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 27. 2003 PAGE 15 OF 22 Discussion. Manager McLemore returned to Commission Chambers at 9:28 p.m. With further discussion, Mayor Bush inquired of Ms. Sahlstrom, "Are there dumpster in the Highlands that are not going to be grandfathered in?" Ms. Sahlstrom responded, "Currently there are ten (10) - enclosures that have smaller dumpsters - in the Highlands. There are an additional twelve (12) that have taller dumpsters that are not fully screened by the wall. So, what I will be doing is sending out letters to notify them that if they have a dumpster that is fully screened, it would be grand fathered but - if at any time, any of the areas put a dumpster in that is larger than the wall, taller than the wall, then they have become out of compliance with the grandfathering, because it is not screening the dumpster. So the ones that don't comply at this point can either comply by raising the wall or by getting a different dumpster." "MOTION TO MOVE TO SECOND READNG AT WHICH TIME WE CAN DISCUSS ANY OTHER DETAILS THAT MAY COME UP." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY DEPUTY MAYOR MILLER. DISCUSSION. VOTE: DEPUTY MAYOR MILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. ADD-ON PUBLIC HEARINGS 403. Office Of The City Manager Requesting The City Commission To Approve The First Reading Of Ordinance 2003-38 Establishing A Public Building Impact Fee. Mayor Bush opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 27,2003 PAGE 16 OF 22 "MOTION TO READ BY 'TITLE' ONLY." MOTION BY COMMISSIONER MARTINEZ. SECONDED. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. Attorney Garganese read Ordinance 2003-38 by "Title" only. Mayor Bush opened the "Public Input" portion of this Agenda Item. Mr. Ned Voska, 1466 Whitehall Boulevard, Winter Springs, Florida: asked if this just was applicable to new developments. The "Public Input" portion of this Agenda Item was closed. Manager McLemore introduced this Agenda Item. Commissioner Blake stated, "The dwelling unit is different for single family or multi- family." Manager McLemore said to Commissioner Blake, "If you would go ahead and then review it, then I can get you and I together on the phone with the Consultant for any questions you've got, and we can amend anything you are uncomfortable with on the Second Reading." Commissioner McLeod said, "What I would find interesting and I don't see it in the packet, but to put another Impact Fee on what we are doing, it would be nice to see the present Impact Fees that are all allocated for Police, Fire - Parks, and so on." Furthermore, Commissioner McLeod added, "I think that information ought to be given to us along with what we have got here." Further discussion ensued. "MOTION TO MOVE TO SECOND READING AND DIRECT THE [CITY] MANAGER TO BRING THE ADDITIONAL INFORMATION REQUESTED BY THE COMMISSIONERS." MOTION BY COMMISSIONER MARTINEZ. MOTION DIED FOR LACK OF A SECOND. Mr. Mark Stehli, Director of Civil Engineering, Land Design Innovations, Incorporated, 140 North Orlando Avenue, Suite 295, Winter Park, Florida: addressed questions posed on this issue. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 27, 2003 PAGE 17 OF 22 With discussion, Commissioner Blake stated, "I would tend to lean towards the average rate. The revenue is the same." Furthermore, Commissioner Blake added, "I think we would have a more defensible position if we use a more uniform approach." Manager McLemore said, "We'll need to come out with an average." Mr. Stehli added, "We can do that." Additionally, Manager McLemore said, "We'll come back to Second Reading with that." "MOTION TO MOVE TO SECOND READING - DIRECTING THE CITY MANAGER TO BRING BACK ALL THE INFORMATION." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY DEPUTY MAYOR MILLER. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. REGULAR REGULAR 500. Community Development Department Requests That The City Commission, In Its Capacity As The DRC [Development Review Committee], Consider And Approve The Tenant Build-Out For A Tanning Salon At Building Number 8 (JDC Town Center), At The Opposite End Of The Building From Leslie's Pool Supply. Brief discussion ensued with Mr. John Baker, AICP, Senior Planner, Community Development Department. "MOTION TO APPROVE STAFF RECOMMENDATION." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. Deputy Mayor Miller left the dais at 9:48 p.m. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR MILLER: AYE (VOICE VOTE AUDIBLE TO MAYOR BUSH, MEMBERS OF THE CITY COMMISSION, AND THE CITY CLERK) MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 27,2003 PAGE 18 OF 22 REGULAR 501. Office Of The City Clerk Requests That Commissioner Sally McGinnis Make An Appointment To The Oak Forest Wall And Beautification District Advisory Committee. As Commissioner McGinnis was Absent, Mayor Bush said, "We will need to put this on the next Agenda." Deputy Mayor Miller returned to the dais at 9:50 p.m. REGULAR 502. Community Development Department Requesting Commission Consider And Approve An Am'endment To The Existing Development Agreement To Address Sign age At The Automotive Shop On A 1.36- Acre Parcel Along The South Side Of State Road 434, Just East Of The Entrance To Tuskawilla Trails. Discussion ensued with Mr. Baker. "MOTION TO APPROVE '502.'" MOTION BY COMMISSIONER MARTINEZ. SECONDED BY DEPUTY MAYOR MILLER. DISCUSSION. VOTE: DEPUTY MAYOR MILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. REGULAR 503. Office Of The City Manager Requesting Direction Regarding Burying Underground Utilities On State Road 434 In The Village Walk And Town Center. Discussion. Tape 3/Side A Discussion. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 27,2003 PAGE I90F22 Commissioner Blake inquired, "How much does it cost?" Manager McLemore stated, "We don't know that yet." With brief discussion, Manager McLemore stated, "We have asked for estimates and hope we'll have them relatively soon - and as soon as we get that information, we'll bring it back to you." Mayor Bush said, "Is it possible to coordinate this with the construction on [State Road] 434?" Manager McLemore responded, "Probably not." Discussion. Commissioner McLeod said to Manager McLemore, "1 would definitely tell you to bring us back information as to how fast we could move forward and what would a Note cost us during the interim time - on a short term Note to fund it." Commissioner Blake added, "1 agree frankly that we ought to go forward and at least get some better cost estimates. I am not convinced that there is money easily available through the 'One Cent' money though, because as I recall, we already pretty much mapped out where those dollars are going to be spent over the life - and I think we need to look at that entire program and see what we have to give up, if we are going to do something like this." "I WOULD LIKE TO MAKE A MOTION THAT WE INSTRUCT THE CITY MANAGER TO BRING THIS BACK, START WORKING ON IT, GETTING THE INFORMATION TOGETHER AND THE TOWN CENTER PORTION THAT IS GOING TO BE NEXT." MOTION BY DEPUTY MAYOR MILLER, WHO ADDED, "COST ESTIMATES - WE MAY EVEN HAVE TO ISSUE BONDS - THEY WILL HAVE TO COME BACK WITH WHATEVER HIS RECOMMENDATIONS ARE TO MAKE IT WORK, GIVE US THE ALTERNATIVES." SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. REGARDING WHEN THIS SHOULD BE PROVIDED TO THE CITY COMMISSION, DEPUTY MAYOR MILLER STATED, "AS SOON AS POSSIBLE. " VOTE: COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. REGULAR 504. Community Development Department Requests That The City Commission Consider A Proposed Policy To Authorize Staff To Review And Approve Tenant Build-Outs/Floor-Plans As Well As Real Estate And Construction Signs On Undeveloped Property In The Town Center. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 27, 2003 PAGE 20 OF 22 Mr. Baker addressed the City Commission on this Agenda Item. "I WOULD LKIE TO MAKE A MOTION THAT THE CITY COMMISSION APPOINT THE CITY MANAGER OR HIS DESIGNEE AS THE AUTHORITY TO GRANT AND APPROVE TOWN CENTER INTERIOR TENANT BUILD- OUTS CONSISTENT WITH CITY CODE AND ALSO THE AUTHORITY TO APPROVE REAL ESTATE CONSTTRUCTION SIGNS FOR UNDEVELOPED SITES WITHIN THE TOWN CENTER IF THEY ARE CONSISTENT WITH CITY CODES." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. COMMISSIONER McLEOD STATED, "I JUST WANT TO MAKE SURE THAT - IF FOR SOME REASON THEY SHOULD REJECT, THEN THE PARTY HAS THE RIGHT TO COME TO THE COMMISSION - IF YOU CANNOT RESOLVE IT, THEN I THINK WITHIN A THIRTY (30) DAY PERIOD, IT OUGHT TO MOVE TO THE COMMISSION." ATTORNEY GARGANESE ADDED, "THIS DECISION NEEDS TO BE MEMORIALIZED IN WRITING." ATTORNEY GARGANESE THEN STATED, "CURRENTLY, YOU HAVE A RESOLUTION ON THE BOOKS WHICH APPOINTS THIS COMMISSION AS THE DEVELOPMENT REVIEW COMMITTEE [DRC] , AS THE APPROVAL AUTHORITY OVER ALL DECISIONS UNDER THE TOWN CENTER CODE, SO YOU ARE AMENDING THAT." MAYOR BUSH THEN SAID, "THE MOTION WAS IN LINE WITH WHAT YOU ARE RECOMMENDING." COMMISSIONER BLAKE ADDED, "HE WILL BRING IT BACK." VOTE: COMMISSIONERBLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR MILLER: AYE MOTION CARRIED. REGULAR 505. Office Of The City Clerk Requests That An Appointment Be Made To The Code Enforcement Board. "I WOULD LIKE TO MAKE A NOMINATION FOR DICK CRENSHAW." MOTION BY DEPUTY MAYOR MILLER. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. CITY OF WfNTER SPRfNGS MfNUTES CITY COMMISSION REGULAR MEETfNG - OCTOBER 27, 2003 PAGE 21 OF 22 "MOTION TO TABLE THE ITEM." MOTION BY COMMISSIONER BLAKE. MOTION DIED FOR LACK OF A SECOND. Commissioner Blake stated, "Point of Order" and spoke of the Code Enforcement Board. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: NAY COMMISSIONER BLAKE: NAY DEPUTY MAYOR MILLER: AYE MAYOR BUSH: AYE MOTION CARRIED. REGULAR 506. Parks And Recreation Department Requesting That The City Commission Approve Resolution Number 2003-43, Establishing Fees To Be Paid By Individuals Or Groups For The Exclusive Use Of The Civic Center. Discussion ensued on whether there should be a rate for Non-Senior activities. Commissioner Martinez asked about the status of a previously requested document for the Senior Center. Furthermore, Commissioner Martinez stated, "r am requesting some rules for that building." "I MAKE A MOTION THAT WE APPROVE ITEM '506,' AS WRITTEN." MOTION BY DEPUTY MAYOR MILLER. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: DEPUTY MAYOR MILLER: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: NAY COMMISSIONER McLEOD: AYE MOTION CARRIED. ADJOURNMENT The Meeting was adjourned by Mayor Bush at 10:33 p.m. RESPECTFULLY SUBMITTED: APPROVED: ~7~ . BUSH- R CITY OF WfNTER SPRfNGS MfNUTES CITY COMMISSION REGULAR MEETING - OCTOBER 27,2003 PAGE 22 OF 22 NOTE: These Minutes were approved at the November 10,2003 Regular City Commission Meeting.