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Home My WebLink About2003 10 13 Consent 200 Resubmission of August 25, 2003 City Commission Regular Meeting Minutes I I. COMMISSION AGENDA ITEM 200 Consent X Informational Public Hearing Regular October 13.2003 Regular Meeting ~ Mgr. / ept. Authorization fL- , REQUEST: The City Clerk respectfully requests that the City Commission remove the August 25, 2003 City Commission Regular Meeting Minutes from the Table, and consider the resubmitted Minutes for approval. PURPOSE: As this Agenda Item was tabled, the City Commission is being asked to remove from the Table the August 25, 2003 City Commission Regular Meeting Minutes, and then consider the attached resubmitted Minutes for approval. CONSIDERATIONS: At the September 8, 2003 City Commission Regular Meeting, the August 25, 2003 City Commission Regular Meeting Minutes were Tabled. (Please refer to Attachment "A" for an excerpt from the September 8,2003 Minutes). As the City Commission asked that the August 25, 2003 City Commission Regular Meeting Minutes be reviewed, I requested that my Assistant, Ms. Holly Pierstorff listen to the audiotapes while reviewing the August 25, 2003 City Commission Regular Meeting Minutes that I had submitted. ( CITY OF WINTER SPRJNGS CITY COMMISSION REGULAR MEETING - OCTOBER 13.2003 CONSENT AGENDA ITEM "200" PAGE20F3 While Ms. Pierstorff listened to the audiotapes, she also referred to my submitted Minutes and noted any differences from what she heard. I then reviewed her written comments while I (again) listened to those portions ofthe audiotape where she had a comment. A copy of Resolution Number 2001-04 which outlines how we normally complete all City Commission and Advisory Boards and Committees Meeting Minutes has been included in Attachment "B." Just for background information, after a City Commission Meeting is held, I transcribe the Minutes in accordance with Resolution 2001-04 (as has been done for quite some time). Usually a day or so after I have transcribed them, I will go through these Minutes which are technically still a draft, and proof them for accuracy; matching up words associated with specific technical terms if applicable; calling sources for the correct spelling of names; and getting address information, if necessary. The next day I usually go through these Minutes again. Usually after this review, I then forward them on to someone in my Department and ask that they proof the Minutes. I will then (usually) incorporate most suggestions/corrections they suggest. The Minutes are then copied and added to the upcoming Agenda. (Professional proofreaders and the like always highly suggest not proofing something written on the same day). I have also included a copy of the August 25, 2003 City Commission Regular Meeting Minutes that I originally submitted for approval at the September 8. 2003 Regular Meeting, with Ms. Pierstorffs comments. This can be found in Attachment "c." Also included is a copy of some of the pages of the August 25, 2003 City Commission Regular Meeting Minutes that I originally submitted for approval at the September 8, 2003 City Commission Regular Meeting, but on these pages - minor scrivener's errors are shown in shaded text, based on Ms. Pierstorff's and my review is included in Attachment "D;" along with my comments. Finally, Attachment "E" includes a copy of the revised August 25, 2003 City Commission Regular Meeting Minutes that I am now resubmitting for approval at this Meeting. (Please note that the page numbers now may be a little different from the originally submitted Minutes). RECOMMENDATION: It is recommended that the City Commission review the resubmitted Minutes (in consideration of the Attachments in this Agenda Item) and if they concur with our review, approve the resubmitted August 25, 2003 City Commission Regular Meeting Minutes (as presented in Attachment "E"). CITY OF WINTER SPRINGS CITY COMMISSION REGULAR MEETING - OCTOBER 13,2003 CONSENT AGENDA ITEM "200" PAGE 3 OF 3 review, approve the resubmitted August 25, 2003 City Commission Regular Meeting Minutes (as presented in Attachment "E"). ATT ACHMENTS: A. An excerpt from the September 8, 2003 City Commission Regular Meeting Minutes. B. A copy of Resolution Number 2001-04. C. A copy of the August 25, 2003 City Commission Regular Meeting Minutes that I originally submitted for approval at the September 8, 2003 Regular Meeting, with Ms. Pierstorffs comments. D. A copy of some of the pages of the August 25, 2003 City Commission Regular Meeting Minutes that I originally submitted for approval at the September 8, 2003 Regular Meeting, but on these pages - minor scrivener's errors are shown in shaded text, based on Ms. Pierstorffs and my review. Following these pages are my comments. E. A copy of the August 25, 2003 City Commission Regular Meeting Minutes (with scrivener's errors rectified) that are being resubmitted for approval at this Meeting. COMMISSION ACTION: ATTACHMENT "A" CITY OF WINTER SPRINGS MINUTES EXCERPT CITY COMMISSION REGULAR MEETING SEPTEMBER 8, 2003 .:. .:. AGENDA NOTE: THE FOLLOWING CONSENT AGENDA ITEM WAS DISCUSSED SEPARATELY, AS DOCUMENTED. .:..:. CONSENT CONSENT 12, J, Office Of The City Clerk Approval Of The August 25, 2003 City Commission Regular Meeting Minutes, "I WOULD LIKE TO MAKE A MOTION THAT TO TABLE ITEM - CONSENT 'J.'" MOTION BY COMMISSIONER BLAKE, SECONDED BY COMMISSIONER McGINNIS, DISCUSSION. COMMISSIONER BLAKE EXPLAINED THAT, "WE HAVE HAD A MEMBER OF THE PUBLIC QUESTION THE VALIDITY OF THE MINUTES, AND I THINK IF WE JUST TABLE IT BEFORE WE APPROVE IT - WE WILL GIVE THE CLERK AN OPPORTUNITY TO HAVE HER STAFF LOOK THROUGH THERE AND MAKE ABSOLUTELY CERTAIN THAT IT IS CORRECT," VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: AYE DEPUTYMAYORMILLER: AYE MOTION CARRIED. Mayor Bush said to Andrea [Lorenzo-Luaces, City Clerk], "I think what the Commissioner was indicating Andrea [Lorenzo-Luaces], that you would have a chance to look these over." ~ ~ ~ ~ ~ ~ C: :D ATTACHMENT "B " . 0 RESOLUTION 2001-04 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA FORMULATING A POLICY TO ENSURE THAT ALL MEETING MINUTES OF THE CITY COMMISSION INCLUDING ALL ADVISORY BOARDS AND COMMITTEES ARE CONSISTENT IN THE SAME STYLE AND FORMAT, AND . FOLLOW THE SAME GENERAL GUIDELINE~ AS LISTED BELOW; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE, WHEREAS, the City Commission of the City of Winter Springs, Florida, has found it necessary to periodically review its practices to provide guidelines for the most expedient and efficient business practices in the City; and 'believes that all meetings held by the City Commission and their Advisory Boards and Committees should be consistent; and WHEREAS, the City Commissi<?n of the City of Winter Springs, Florida has and will continue to comply with Florida Statutes 286.011 (2) Which states that "The minutes of any such . board or commission of'any such state agency or authority shall be promptly recorded;" and will be retained in accordance with the State of Florida Records Management designated time limitations. WHEREAS, all public meetings of the City Commission, and all of their Advisory Boards and Committees are recorded using audio tapes, which will serve. as the recordation of a meeting, and will be retained in accordance with the State of Florida ReCords Management designated time limits. From these audio tapes, official. minutes will be promptly completed, thus serving as the official record, for an of time. The official and approved minutes will as always, be retained in accordance with the State of Florida Records Management designated time limitations. . WHEREAS, the City Commission of the City of Winter Springs, Florida agrees with a statement from the 9th Edition of Roberts Rules of Order (Newly Revised), Edited by Henry M. . Robert ill and. William J. Evans which states that "In an ordinary.society, unless the minutes are . to be published, they 'shouldcontain mainly a record Of what was done at the meeting, not what was said by the members." The City Commission at their December 9, 1999 Regular Meeting, adopted Resolution Number 908 which established "certain policies and procedures for the conduct of any Commission Meetings." Item Number 3.of Resolution Number 908 notes that "Robert's Rules of Order shall be the 'underlying foundation' for the conduct of Commission Meeting." FURTHERMORE, the City Commission of the City of Winter Springs, Florida agrees that as the written minutes are intended to be just a summary of the actions that were taken, all minutes of the City Commission, and aU of their Advisory Boards and Committees will be of the same style and format, with a foundation of brevity. ,I ,.. .' . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF TRE CITY OF WINTER SPRINGS, AS FOLLOWS: Section 1. Section 2. Section 3, Section 4, Section 5, Section 6, Meetings, AU public meetings shall be recorded in full. Except as printed herein, All minutes shall be produced and maintained in accordance with the 9th Edition of Roberts Rules of Order, maintaining a record of what is done; rather than what is said. Moti.ons, All motions will be tran~cribed in full, along with who made the motion, and any corresponding vote(s). Body. No comments, discussion, or statements that are stated or written "for the record/' either by a member of the Commission, (any Advisory Board and/or Committee), the City Manager, the City Attorney, City Staff, or any member of the audience will be transcribed verbatim, unless the voting members unanimously agree to this, complete with a Motion and a <;iocumented vote confirming .this. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Resolution is .for any reason held invalid or unconstitutional by any. Court of competent. jurisdiction, whether for substantive, procedural, or any other reason, such portion sl].all be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Resolution. Effective Date. This Resolution shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida. . ADOPTED by the City Commission 0 the ' meeting assembled on the 26th day of March. 001. ., . - uaces, City Clerk AS TO LEGAL FORM AND SUFFICIENCY Y F WINTER SPRINGS, FLORlDA ONLY: ttorney ATTACHMENT "C" j CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING AUGUST 25, 2003 CALL TO ORDER The Regular Meeting of Monday, August 25,2003 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). Mayor John F. Bush, present Deputy Mayor Robert S. Miller, present Commissioner Michael S. Blake, arrived 6:43 p.m. Commissioner Edward Martinez, Jr., present Commissioner Sally McGinnis, present Commissioner David W. McLeod, arrived 6:37 p.m. City Manager Ronald W. McLemore, present City Attorney Anthony A. Garganese, arrived 6:33 p.m. Following a moment of silence, the Pledge of Allegiance was led by Mayor Bush. oJ- . City Attorney Anthony A. Garganese arriveA:33 p.m. Under "Agenda Changes," Ms. Eloise Sahlstrom, AICP, ASLA, Senior Planner, Community Development Department stated Public Hearings Agenda "Item 16., as it was advertised in the paper, included thirty-three (33) parcels. We're only looking at thirty- one (31) parcels tonight, of those thirty-three (33) - the two (2) parcels that we are not including in consideration of for tonight, were not currently zoned 'C-2', they were currently zoned C-l, and we felt it best to not act on that at this time." A W ARDSAND PRESENTATIONS AWARDS AND PRESENTATIONS 1. A, Office Of The Mayor Presentation Of A Proclamation In Honor Of The Code Enforcement Division Of The Winter Springs Police Department. Mayor Bush read a Proclamation in honor of the City's Code Enforcement Division. Winter Springs Police Department Captain Glenn Tolleson, Code Enforcement Officer Jose Romero, and Code Enforcement Officer Cathy Davidson accepted the Proclamation. Commissioner David W McLeod arrived at 6:37 p.m. ~ ~ ~ t:=I CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 25, 2003 PAGE 2 OF 27 AWARDS AND PRESENTATIONS 2. B. Office Of The Mayor Presentation Of A Proclamation In Honor Of Fire Fighter Appreciation Week, A Proclamation was presented in Honor of Fire Fighter Appreciation Week. Winter Springs Fire Department Members - Battalion Chief David Myers, Lieutenant David . Tryon, Firefighter/Apparatus Operator Tom Grey, and Firefighter/Rescue Technician Mark Laverty accepted the Proclamation. Deputy Mayor Robert S. Miller spoke about residents of Hacienda Village being pleased with the service of the City's Fire Fighters. PUBLIC INPUT Mr. Bob Rucci, 973 Turkey Hollow Circle, Winter Springs, Florida: spoke in support of the proposed Canine Unit Agenda Item; stated that he was checking on alternative properties for the Paw Park; and asked about the Lease documents. Commissioner Michael S. Blake arrived at 6:43 p.m. Mr. Mervin Warner, 673 Keuka Court, Winter Springs, Florida: as the President of the Tuscawilla Homeowner's Association, Mr. Warner noted the support for the Canine Unit. Ms. Loretta Ames, 150 3rd Street, Winter Springs, Florida: although not present, Mayor Bush stated, "Loretta Ames - she also wanted to speak: in favor of the canine unit." Mr. Jim Bourg, 114 St. Johns Landing Drive, Winter Springs, Florida: commented about the proposed Boat Dock Ordinance and inquired as to when this issue might be discussed next? Mayor Bush said "We will give your name and address to the [City] Clerk and as soon as it is scheduled, we will let you know." Mr. Bourg stated, "Okay." Mr. Tom Brown, 717 Adidas Road, Winter Springs, Florida: representing the Planning and Zoning Board/Local Planning Agency, Mr. Brown spoke on Zoning concerns and suggested that the Planning and Zoning Board/Local Planning Agency have a Joint Workshop with the City Commission and the City Attorney. Ms. Helga Schwarz, 720 Galloway Court, Winter Springs, Florida: spoke on behalf of the Highlands Homeowner's Association on the proposed General Dollar store, and commented on continued concerns with traffic issues, and the construction of a wall. Ms. Schwarz also remarked about the Agenda Item related to the Labor. ~d ~ c:> ~ ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 25, 2003 PAGE 3 OF 27 Discussion. Mr. Bart Phillips, 7220 Lake Floy Circle, Orlando, Florida: commented on the Elementary School being constructed on State Road 419 and fencing options. With brief discussion on another Agenda Change, Mayor Bush noted that regarding Regular Agenda Item "F" - "We will pull that Item off the Agenda." Commissioner Edward Martinez, Jr. then read a personal statement into the record related to harassment. .:..:. AGENDA NOTE: THE FOLLOWING CONSENT AGENDA ITEMS WERE DISCUSSED, BUT NOT NECESSARILY IN THE ORDER AS DOCUMENTED, .:. .:. CONSENT CONSENT 3, A.. Public Works Department Reque~ting Authorization To Enter Into A Contractual Agreement For Construction Of Fisher Road Roadway Improvements, CONSENT 4, B, Office Of The City Mayor . Resolution Number 2003-37 - A Resolution Of The City Of Winter Springs, Florida, Expressing Appreciation To Paul Krebs For His Service On The Oak Forest Wall And Beautification District Advisory Committee, CONSENT 5. C. Office Of The City Clerk Approval Of The August 11, 2003 City Commission Regular Meeting Minutes, Deputy Mayor Miller stated that regarding the discussion during the City Commission Meeting of August 11, 2003, related to the requested Variance for the proposed Gas Station - "At the intersection of Hayes Road and [State Road] 434, during the presentation, both the owner of the station and his Attorney - stood up here and handed us a petition which informed us it was sixty (60) names of people who supported this. This is a correction to the Minutes - I have since looked at this Petition and I just wanted to point out to the Commission that I don't think the Petition has any standing at all because in fact, what happened was somebody wrote down the street names and the people who lived at those addresses - in the new Parkstone subdivision. ~ ~ <:;:) ~ ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 25, 2003 PAGE 4 OF 27 None of them are signed. Somebody just put 'Name, Address, Winter Springs, Zip Code' - and he said there were sixty (60), and there is only thirty-six (36), but this is not a signed petition, so I just wanted the Commission to know that if this is part of the reason that they supported this, that I don't consider this an appropriate way to convince us that there is public support." Deputy Mayor Miller added, "I just wanted to point that out to the Commission, it is a correction of the Record, the Petition which was handed in, has no standing." CONSENT 6. D, Office Of The City Attorney Approve Settlement In The Amount Of $2,500,00 In Timothy Thomas v. City Of Winter Springs. CONSENT 7, E. Community Development Department Requesting Commission Approval And Acceptance Of The Naming Of Three Streets Beginning With The East State Road 434 Entrance Into Winter Springs High School And Central Winds Park. With discussion on the proposed street names, Deputy Mayor Miller stated, "I thought the City might want to review this - and call it Central Winds Park - that little cut-in and then leave the rest of that roadway called Central Winds Park." Commissioner Sally McGinnis said, "I concur." Deputy Mayor Miller added, "I would like to see it pulled off and come back - if we all concur." Commissioner McLeod stated, "You can probably get consensus from the Commission to move it forwar~ as the Commissioner has requested. I agree with the Commissioner." ~h\S Ue;n'l<<}) Further discussion. cJ Tape I/Side B Discussion. Commissioner Blake stated, "If you turn off of [State Road] 434 here, and if we name that portion of the pavement the same as that portion of the pavement, you literally have to go to a stop sign and turn left at an intersection, which essentially is a four (4) way intersection, to stay on a road that is named the same. Would this portion of the road down here, be named after the park as well? It becomes problematic I think and you are confusing people [If one were to say] - 'I am at the intersection of a road, and the same road... ", ~ ~ ~ ~ ~ CITY OF WrNTER SPRINGS MlNUTES CITY COMMISSION REGULAR MEETrNG - AUGUST 25, 2003 PAGE 5 OF 27 Commissioner McLeod suggested, "The easier answer to it is to the call the little section Winter Springs Park Road. When you get to the end of it, which is a hundred yards, then you go into Central Winds Parkway." Commissioner McLeod then said that the Winter Springs High School Road name is too long, and preferred "Learning Tree Drive.". Mayor Bush then said, "Commissioners, would you like the Staff to rework this and bring it back at the next Meeting?" Commissioner McLeod stated, "Yes." Commissioner McGinnis said, "Yes." Commissioner McLeod then spoke about Hickory Grove Drive and Blumberg Boulevard. Mayor Bush then said, "For right now, Consent Item 'E' has been pulled off and will be brought back by Staff with some of these comments made; and maybe before the next Meeting, some of the~ommissioners could also meet with the Manager - so we can decide on it the next time around." . W\UtR l S tn ~. "MOTION TO APPROVE THE. CONSENT AGENDA, EXCLUDING ITEM ,g\" ~~,)) MOTION BY COMMISSIONER MARTINEZ, SECONDED BY ~ COMMISSIONER McGINNIS, DISCUSSION, ~ ~ ~ ~ ~~",. ~3 ~ Commissioner McLeod stated, "In the Motion I did make to approve the [Gas] Station, it had no bearing on that petition." VOTE: COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. INFORMATIONAL INFORMATIONAL 8, A, Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects, Discussion. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 25, 2003 PAGE 6 OF 27 INFORMATIONAL 9. B, Parks And Recreation Department Would Like To Inform The City Commission Of The Status Of The Brick Wall Project At Moss Park. With brief discussion, Deputy Mayor Miller said, "I will get with Staff later on this." INFORMATIONAL 10, C. Public Works Department Recommends The Removal Of Trees Located At City Hall That Are Currently A Maintenance Problem Due To Health And Location, Discussion ensued with Mr. Michael Mingea, City ForesterlEnvironmental Inspector, Community Development Department. Deputy Mayor Miller noted that no illustrations were shown regarding the back of the building. With discussion, Deputy Mayor Miller added, "I would like to have this brought back - and just give us a more definitive identification of where the trees are, what you plan to do with them, so that we will understand what is going to happen." Furthermore, Deputy Mayor Miller said, "I think it would be appropriate to bring back the item, show us where the trees are on a graphic and what has to be done, and why they can't be trimmed and that kind of thing." Commissioner Blake suggested, "As we bring this back - I would. just like to be absolutely certain that we make decisions as to how we take trees down around City Hall, the same way we make decisions about allowing .J2.ermits for homeowners or citizens or business owners, when they need to take trees down~ (I c<'ulnl\ . 0 \~ ~ Mayor Bush then said, "Informational! O. C. then will be pulled. ' INFORMATIONAL 11. D, Utility Department Advising The City Commission Of The Proposal to Acquire the Tuskawilla Trails Mobile Home Park Water Distribution System, Brief discussion "I WILL MAKE A MOTION THAT WE APPROVE THE INFORMATIONAL [AGENDA] - WITH THE EXCEPTION OF THAT ITEM, WHICH WILL BE BROUGHT BACK" MOTION BY DEPUTY MAYOR MILLER, SECONDED BY COMMISSIONER MARTINEZ, DISCUSSION. ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 25, 2003 PAGE 7 OF 27 VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE DEPUTYMAYORMILLER: AYE MOTION CARRIED, PUBLIC HEARINGS PUBLIC HEARINGS 12, A. Finance Department Requesting The City Commission Hold A Public Hearing On The Non-Ad Valorem Tax Assessment For StreetIighting Within The Country Club Village Subdivision And Provide Directions As Deemed Appropriate, Commissioner Blake left the dais at 7:33 p.m. Mayor Bush opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. "MOTION TO APPROVE ITEM 'A,'" MOTION BY COMMISSIONER MARTINEZ, SECONDED BY DEPUTY MAYOR MILLER. DISCUSSION, VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE DEPUTY MAYOR MILLER: AYE Commissioner Blake returned to the dais at 7:34 p.m. COMMISSIONER BLAKE: AYE MOTION CARRIED, PUBLIC HEARINGS B, Not Used. ~ ~ ~ ~ -,,~ -....::sJ ~-:JI t:=J CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 25,2003 PAGE 8 OF 27 PUBLIC HEARINGS 13, C. Office Of The City Attorney Requesting The City Commission Adopt Ordinance 2003-33 Relating To The Creation Of A Local Public Nuisance Abatement Board, In Accordance With Chapter 893, Florida Statutes, Mayor Bush stated, "Could I have a Motion to read by 'Title' only?" "SO MOVED," MOTION BY COMMISSIONER MARTINEZ, SECONDED BY COMMISSIONER BLAKE, DISCUSSION, VOTE: COMMISSIONER BLAKE: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" only. Mayor Bush opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. Discussion. Commissioner Martinez asked Attorney Garganese, "Are you or anyone else going to train the Code Enforcement Board on assuming these responsibilities?" Attorney Garganese responded, "Of course, yes." "MOTION TO APPROVE ITEM 'c,'" MOTION BY DEPUTY MAYOR MILLER. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION, COMMISSIONER BLAKE SUGGESTED, "COULD WE HAVE A MOTION TO MOVE THIS ON TO A SECOND READING FOR ADOPTION, BECAUSE THE ITEM REALLY SUGGEStS THAT THIS IS AN ADOPTION HEARING?" "I WILL AMEND MY MOTION - TO MOVE THIS TO A SECOND READING." AMENDMENT TO THE MOTION BY DEPUTY MAYOR MILLER. SECONDED BY COMMISSIONER MARTINEZ, DISCUSSION. ~ CITY OF WfNTER SPRINGS MfNUTES CITY COMMISSION REGULAR MEETfNG - AUGUST 25, 2003 PAGE 9 OF 27 VOTE: (ON THE AMENDMENT) DEPUTYMAYORMILLER: AYE COMMISSIONER McLEOD: AYE. COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED, VOTE: (ON THE MOTION, AS .AMENDED) COMMISSIONER BLAKE: AYE. COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MARTINEZ: AYE DEPUTYMAYORMILLER: AYE MOTION CARRIED, PUBLIC HEARINGS 14, D. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For Second Reading And Adoption Of Ordinance 2003-25, Rezoning Of Seven (7) Parcels Along State Road 434 From "R-l" To "C-l." Attorney Garganese read the Ordinance by "Title" only. Ms. SaWstrom spoke on this Agenda Item. Mayor Bush 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 BY COMMISSIONER BLAKE, DISCUSSION, VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER McGINNIS: AYE DEPUTYMAYORMILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED, llt.":.'::\ ~i-;'~~b ~~-.Bf It:P CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 25. 2003 PAGE 10 OF 27 PUBLIC HEARINGS 15. E, Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For First Reading Of 'Ordinance 2003-28, Rezoning Seven (7) Parcels Along Belle Avenue From "C-2" To "I-I." Mayor Bush asked, "Can we have a Motion to read by 'Title' only." "SO MOVED," MOTION BY COMMISSIONER MARTINEZ, SECONDED, DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED, Attorney Garganese read the Ordinance by "Title" only. Mayor Bush opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. ~~U\ Codunissioner Blake spoke of the parcels in question, and said, "I would also recommend that \ve advertise this Ordinance, that we make sure it is clear." Discussion ensued on who will pay for items coming back. Commissioner Blake then said, "My only concern is to make sure that the Land Owner understands that there is going to be a cost involved in going forward, because they are not part of this. Rezoning effort, and that they are not surprised by that cost." Ms. Sahlstrom stated, "I can make that clear to them." Discussion. "AS THIS IS ADMINISTRATIVE IN NATURE, I AM GOING TO ASK THAT WE TABLE THIS ITEM FOR TWO (2) WEEKS, TO ALLOW STAFF TO HAVE FURTHER DISCUSSIONS WITH THE OWNER OF THAT PARCEL. IT SEEMS TO ME FROM EVERYTHING THAT I HAVE HEARD THAT THAT OWNER PROBABLY OUGHT TO WANT TO BE PART OF THIS ADMINISTRATIVE REZONING, AND GO TO I-I." MOTION BY COMMISSIONER BLAKE, SECONDED BY COMMISSIONER McLEOD, DISCUSSION, ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 25, 2003 PAGE 11 OF 27 VOTE: DEPUTY MAYOR MILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED, PUBLIC HEARINGS 16, F, Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For First Reading Of Ordinance 2003-29, Rezoning Thirty-One (31) Parcels Generally Located Along State Road 419 And Old Sanford Oviedo Road From "C-2" To "I-I." Mayor Bush stated, "This is the Agenda Item Eloise [Sahlstrom] addressed - about the difference in the way it was advertised and what you are seeing tonight." Mayor Bush then asked for a "Motion to read by 'Title' only." "SO MOVED," MOTION BY COMMISSIONER BLAKE, SECONDED. DISCUSSION, VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR M][LLER: AYE COMMISSIONER BLAKE': AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED, Attorney Garganese read the Ordinance by "Title" only. Ms. Sahlstrom presented this Agenda Item for consideration. Discussion. Tape 2/Side A Further discussion. Deputy Mayor Miller spoke of "Eighteen-wheelers" and said, "I would like to make sure that as we go forward with this, that we are not automatically excluding those types of vehicles from parking there." ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 25, 2003 PAGE 12 OF 27 With discussion, Attorney Garganese stated, ''Under the new Industrial Zoning District that this Commission adopted, automotive storage and other kinds of storage yards of non-hazardous materials are permitted." Deputy Mayor Miller then said, "So that would take care of 'Eighteen-wheelers' being able to park on their premises." Mr. Frank Pruitt, 501 Wade Street, Winter Springs, Florida: spoke briefly on this Agenda Item. City Manager Ronald W. McLemore pointed out that "General Contractors is a typical use of 'Light Industrial,' and I think all we are talking about is some clarifying language - and text changes; and I think all the Commission needs to go on record tonight requesting that text change, arid bring it back." With further discussion, Manager McLemore added, "I think it is almost a form of a Scrivener's error, that it is not in there. " Mayor Bush opened the "Public Input" portion of this Agenda Item. Mr. Jimmy Fortner, 1203 Florida Avenue, St. Cloud, Florida: as the owner of Master Construction that owns the property at 215 Old Sanford-Oviedo Road, Mr. Fortner asked for "Clarity on the language to allow heavy equipment." Deputy Mayor Miller said to Attorney Garganese, "Bulldozers and scrapers and those heavy dump trucks, is that also included in our verbiage which you referred to earlier, along with eighteen-wheelers?" Deputy Mayor Miller added, "I just want to make sure we don't get CaUgh~t with heavy bulldozers not considered in this area, so therefore it has to be removed." Arney Garganese then said, "We are going to come back with another Ordinance just to cl 'fy that specific use." l~tum . Mr. Bart Phillips, 7220 Lake Floy Circle, Orlando, Florida: addressed the City Commission and spoke of three (3) parcels of property which he owns and said that '''C- 2' should be allowed in the Industrial Zone." Manager McLemore spoke to Mr. Phillips about the "Area under the power lines - if that is to be included in 'Light Industrial' for uses - I do not think a tree line is sufficient for a buffer for the people who live across the street for that." Mr. Phillips then said, "So the fence line is okay for the school zone?" Manager McLemore responded, "I would agree with you on that point." Mr. Phillips then said, "That is a pretty heavy tree line, and I would be more than glad to put up a fence." Manager McLemore said, "I am talking more of a brick type fence that gives some real buffer between the single family residences that live across the street from you, and an industrial area." Manager McLemore added, "If we are going to extend 'Light Industrial' uses into that area, I think the Commission needs to take additional action to buffer that area from the people who are around it, which are basically single family users." e~ :J1"~ ~d ~ ~ ~ ~ t=J CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 25, 2003 PAGE 13 OF 27 Discussion ensued regarding the Zoning and whether Mr. Phillips was in violation of the permitted use. Ms. Helga Schwarz, 720 Galloway Court, Winter Springs, Florida: commented on what was included in the related Ordinance. Mr. Vincent Contestible, 200 Old Sanford-Oviedo Road, Winter Springs, Florida: spoke of the size of machines on his property; related Zoning concerns; and what defines "Light Industrial" and "Heavy Industrial" Permitted Uses in relation to his property. Discussion ensued on what is included in "Heavy Industrial." Attorney Garganese said, "I don't know the answer to his question whether or not this use would actually fit in one of the permitted uses in '1-1.'" Deputy Mayor Miller then said, "I think this Commission would probably like - to have that information before we - at least I would - before we move on this Ordinance." Commissioner McLeod said to Attorney Garganese, "So, anybody that is there, will continue to be able to operate there, and they would be grandfathered in at this time, correct?" Attorney Garganese responded, "They may already fall into one of the Permitted Uses." Commissioner McLeod then said, "But if they don't..." Attorney Garganese added, "If they don't, Non-Conforming." Commissioner McLeod stated, "It would be Non-Conforming, but they would be grandfathered Non-Conforming at this time?" Attorney Garganese responded, "Correct." Furthermore, Commissioner McLeod said, "I just want to make sure that no one had to move out of that Industrial Park, going down the road, with an existing business." The "Public Input" portion of this Agenda Item was closed. MOTION "TO MOVE ORJ)INANCE 2003-29 TO A SECOND READING," MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR MILLER: AYE MOTION CARRIED. "I WOULD LIKE TO MAKE AMOTION THAT WE DIRECT STAFF TO BRING BACK TO US A CORRECTIVE ORDINANCE FOR THE '1-1' ZONING DISTRICT THAT WILL ADDRESS THE ISSUES DISCUSSED THIS EVENING." MOTION BY COMMISSIONER BLAKE, SECONDED BY COMMISSIONER McLEOD, DISCUSSION, ,....w...' '.~' ............-. ';tt ~~!~!-1~~~.:~ ;~....;:.jJ .1';-;,. ".:i \j: ~\.. u;nw~,~ .~~ ~...,.'-;'!l 11!E~,."fI) ~.j; ~~ =:f CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 25, 2003 PAGE 14 OF 27 VOTE: COMMISSIONER McGINNIS: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. PUBLIC HEARINGS 17, G, Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For First Reading Of Ordinance 2003-31 Adopting A Small Scale FLUM Amendment Changing The Future Land Use Map Designation Of One (1) Parcel Located At 901 State Road 434 (Corner Of Belle Avenue) From "Industrial" To "Commercial," Mayor Bush asked for a "Motion to read by 'Title' only." "SO MOVED," MOTION BY COMMISSIONER BLAKE, DEPUTY MAYOR MILLER. DISCUSSION. SECONDED BY VOTE: COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR MlLLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED, Attorney Garganese read the Ordinance by "Title" only. Mayor Bush opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. Brief discussion. "MOTION TO MOVE ORDINANCE 2003-31 TO A SECOND READING," MOTION BY COMMISSIONER BLAKE, SECONDED. DISCUSSION. ...:~~~~~?:~{. ~~~;~~! ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 25. 2003 PAGE 15 OF 27 VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: AYE DEPUTYMAYORMILLER: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED, .:. .:. AGENDA NOTE: THE FOLLOWING TWO (2) REGULAR AGENDA ITEMS WERE DISCUSSED IN THE ORDER AS DOCUMENTED, FOLLOWED BY THE REST OF THE AGENDA, .:. .:. REGULAR REGULAR 25. H. Community Development Department - Arborist Recommends The City Commission Consider The Request Of Mr. Uwe Pagenkopf To Remove 1 Specimen Long-Leaf Pine Tree, Approximately 21 Inches In Diameter, From The West Side Of The Lot, In Order To Protect The Home Structure, ~ ~ c::> ~ Ms. Danielle Pagenkopf, 200 Chestnut Ridge Street, Winter Springs, Florida: addressed the City Commission on this Request. Discussion. ll-I vJU1Ald. Illtt to ~ it hW~ t1Y) JMf uJt do ~Ift~. (liMYaJ of~ 4 . - fre! - a.S III u.s\1 {l {-eel I (t .I-ltr1ll H '), ) I tv{ 011 m bll C ~~ /l/YlLr me L{ocL , Tape 2/S1de B ~un ou.ecL --Pur I a.c~ of- Q. s.e.CUYlC1. U Further discussion. "I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE THIS REQUEST," MOTION BY DEPUTY MAYOR MILLER. SECONDED BY COMMISSIONER McLEOD, DISCUSSION, VOTE: DEPUTY MAYOR MILLER: AYE COMMISSIONER BLAKE: NAY COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MAlRTINEZ: NAY MOTION CARRIED, CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 25, 2003 PAGE 16 OF 27 REGULAR 26, I, Police Department Requesting Commission Approval And Acceptance Of A Donation From Tuscawilla Home Owners Association In The Amount Of $5,000,00 To Purchase A Full Service Canine And Ballistic Vest. Chief of Police Daniel J. Kerr addressed the City Commission on this Agenda Item. Discussion. Commissioner McGinnis said, "I applaud the Tuscawilla HOA [Homeowner's Association] for making this donation. I think it sets a very high standard for HOA's [Homeowner's Associations] in Winter Springs - thank you." "I MAKE A MOTION THAT WE APPROVE," MOTION BY COMMISSIONER MARTINEZ: SECONDED BY COMMISSIONER McLEOD, DISCUSSION, COMMISSIONER McLEOD STATED, "I WOULD ALSO LIKE TO SAY THANKS TO THE HOMEOWNER'S ASSOCIATION OF TUSCA WILLA." VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE DEPUTYMAYORMILLER: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED, Mayor Bush called a Break at 9:05 p.m. The Meeting reconvened at 9:16 p.m. REGULAR 18, A. Community Development Department Presents A Variance Request By Stephen McCallister From Sections 6-2, And 6-84, Of The City Code Of Ordinances, Mr. John Baker, AICP, Senior Planner, Community Development Department spoke on this Agenda Item with the City Commission. Mr. Stephen McAllister, 653 Silvercreek Drive, Winter Springs, Florida: addressed the City Commission on his request for a Variance. ~; ~......, ~~ !0<~"d ~ b ~ ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 25, 2003 PAGE 170F27 Discussion. "I WOULD LIKE TO MAKE A MOTION THAT WE DENY THE VARIANCE AS IT DOES NOT MEET THE SIX (6) VARIANCE REQUIREMENTS," MOTION BY COMMISSIONER BLAKE, SECONDED BY COMMISSIONER McGINNIS. DISCUSSION, VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE DEPUTYMAYORMILLER: AYE MOTION CARRIED. REGULAR 19, B, Community Development Department Presents To The City Commission, The Final Engineering/Site Plan For The Dollar General Store With The Removal Of 4 Healthy Specimen Trees, Mr. Baker introduced this Agenda Item. Commissioner Blake asked as to where were the Site Plans. . TAAJNf "I WOULD LIKE TO MAKE A MOTION )'6 TABLE THIS UNTIL THE NEXT MEETING,". MOTION BY DEPUTY MAYOR MILLER. MOTION DIED FOR LACK OF A SECOND, Commissioner McGinnis stated, "I have met with the HOA [Homeowner's Association] adjacent to this. They also would like to have a brick wall, but they would like to have in writing that whatever the wall is, that it would be steam-cleaned, pressure-cleaned annually - walls tend to get mildewed." Ms. Sahlstrom handed out Site Plans to those on the dais. Discussion. Tape 3/Side A Mr. Dennis Wood, 1925 Bartow Road, Lakeland, Florida: as the Site Engineer for this project, Mr. Wood addressed the City Commission on maintenance concerns and stated, "If a condition of approval is that some kind of maintenance responsibility, pressure- . washing the walls or something like that, I don't think there would be any concern about that. They may have every intent to do that and be a good neighbor, etceteras." t::=J CITY aF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 25, 2003 PAGE 18 aF 27 Deputy Mayar Miller stated, "Yau have assured us that this is gaing to. be nat the typical stare, but there are no. Artists' renderings that wauld allaw me to. at least make an analysis that it is gaing to. fit in the neighbarhaad." Furthermare, Deputy Mayar Miller said, "I wauld like to. see all these details fram the Staff." Discussian ensued with Mr. Waad an the prapased building campanents. Deputy Mayar Miller added, "Until I persanally understand all the facets af this thing, and get a chance to. camment an it - see if we can't wark aut additianal details - regarding the type af wall, regarding what the frant laaks like." Cammissianer McGinnis stated, "I was haping we would see an Artist's rendering af what it is gaing to. laak like, because all I can envisian naw is a black building, which I hape it is nat just a cancrete black building. Sa, I think we need details. I agree." ~~ ~ Discussian ensued an a rendering shawn to. the City Cammissian. Cammissianer McGinnis stated, "That laaks pretty much like a starage building to. me. It daes nat laak like a cammerce building, there are no. windaws an the side. I am just disappainted that it daes nat have same style to. it." Discussian fallawed an prapased landscaping and architectural features. \D4d4 ~ Cammissianer Blake said, "This is the first time that I have seen any rendering at all as to. what this building wauld laak like and I wauld quite frankly tend to. agree with Cammissianer McGinnis that it is just pretty much a rectangular bax; and while same af the materials may be an upgrade far what yaur falks tend to. use, I think that is an excellent start, but if there were a way to. fix the raafline, and add same architectural value to. the raafline, which daesn't necessarily mean to. go. two. (2) staries, but I think if there was samething ather than what laaks like a warehause ar a shed - samething that wauld give it a better chance afblending in with the predaminantly residential character I) of the area of which you propose to build itfJ:4iUnlL it wlf)llrL PYllbo.bb ? IJ..I~ i.da~ hr gtJU . Discussian followed on the structure of the proposed building and features. In discussing this with Mr. W aad, Cammissianer McLead painted aut that "Yau have a metal calumn building with black infill. Ran [McLemare], this is far fram what we are laaking far an [State Raad] 434." Furthermare, Cammissianer McLead said, "I realize it is nathing mare than a Butler@ Building with black - is what yau are laaking at Ran [McLemare], unless yau can bring us architectural drawings shawing samething different, even your averhangs are all metal averhangs. I wauld suggest that we Table this until we have same mare detailed drawings, as far as the structure af this building. That building is nathing at all afwhat I expect to. see an [State Raad] 434." With further discussian, Cammissianer McGinnis also. suggested this Agenda Item be Tabled. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 25, 2003 PAGE 19 OF 27 Commissioner McLeod said to Mr. Wood, "You need an architectural rendering submitted to Mr. McLemore that will have some credence to get through the review." Furthermore, Commissioner McLeod said to Mr. Wood, "I would direct you to go directly to Mr. McLemore - and get it to him. He will decide whether or not he thinks it needs to go to his Staff. Ifit doesn't get past him, there is no need to take it to Staff. And then once he does that, then he will bring it to us." Manager McLemore stated, "I think I understand what you want. You want a quality building..." Commissioner McGinnis added, "... With some architecturaL.." Manager McLemore then said, "... With some relief, and some architectural details." . With additional discussion on whether the Site Plan can be approved, Commissioner McLeod stated, "As long as Dollar General understands the approval of the Site Plan does not necessarily mean that this building is going on it." 11\~-'\ "I MAKE A MOTION~AT THIS TIME WE TABLE THIS UNTIL WHICH TIME WE DO SEE A RENDERING COMING BACK" MOTION BY COMMISSIONER McLEOD, SECONDED. DISCUSSION, VOTE: COMMISSIONER McGINNIS: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. REGULAR 20, C. Community Development Department Presents A Request By JDC Calhoun To Amend The Lighting Plan For The JDC Calhoun Town Center Site, Mr. Baker introduced this proposal. Commissioner Blake said, "Basically we are memorializing the plan that we already agreed on - both sides to do - previously, with the additional language about that potential spillover in those couple of areas." "MOTION TO APPROVE," MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ, DISCUSSION, ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 25, 2003 PAGE 20 OF 27 VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE DEPUTYMAYORMILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED, REGULAR 21. D, Office Of The City Manager/Office Of The City Clerk Requests The City Commission's Direction Regarding The Upcoming Performance Review For The City Clerk, "I WOULD APPRECIATE IT IF THE CLERK WOULD PROCEED AS SHE HAS THE LAST COUPLE OF YEARS AND PROVIDE US WITH A REPORT - WE CAN ACT UPON IT, ONCE WE REVIEW THAT.". MOTION BY COMMISSIONER BLAKE, SECONDED BY DEPUTY MAYOR MILLER. COMMISSIONER BLAKE ADDED, "FEWER THAN 100 PAGES THIS TIME PLEASE," DISCUSSION, MANAGER McLEMORE SAID, "IN THE PAST, I HAD BROUGHT FORWARD A PERFORMACE EVALUATION FOR YOU TO REVIEW, DO YOU WANT ME TO DO THAT?" . COMMISSIONER McLEOD SAID, "WE WOULD PROBABLY LIKE YOUR INPUT, BUT OVERALL, WE WILL MAKE THE FINAL DECISION," COMMISSIONER BLAKE ADDED, "YES, THAT IS FINE," MAYOR BUSH SAID TO CITY CLERK, ANDREA LORENZO-LUACES - "YOU WILL GET WITH THE MANAGER." CITY CLERK LORENZO-LUACES STATED, "SURE," VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: AYE . DEPUTY MAYOR MILLER: AYE MOTION CARRIED, ~ ~ ~!;~ ~ ~{foj,r..~ '~':~.':'::jJ ~~~ ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 25, 2003 PAGE21 OF 27 .:. .:. AGENDA NOTE: THE FOLLOWING TWO (2) REGULAR AGENDA ITEMS WERE DISCUSSED IN THE ORDER AS DOCUMENTED, FOLLOWED BY THE REST OF THE AGENDA, .:. .:. REGULAR REGULAR 23, F, Office Of The City Manager Requesting Commission Remove From The Table And Consider The City Labor Attorney's Request For Increase In Fees, Mayor Bush stated, "'23. F.' has been pulled at the request of the Manager" - as stated earlier in the Meeting. REGULAR 22, E, Office Of The City Clerk Requests That The City Commission Remove From The Table And Then Approve An Appointment To Replace Mr. Roy Prince Who Prior To His Recent Resignation Has Served As The City Of Winter Springs' Alternate To The South Seminole And North Orange County Wastewater Transmission Authority, No action was taken during this Meeting. REGULAR 24, G, Community Development Department Requests That The Commission Approve The Final Subdivision Plat And Homeowner Documents For Heritage Park And Authorize Their Recordation, Subject To Conditions, . This Agenda Item was introduced by Mr. Baker, who said, "Staff recommends approval subject to the Applicant reimbursing the City $800.00 for the City's Surveying Consultants Fee." Furthermore, Mr. Baker stated, "There was one request that Staff had made of the Applicants' Surveyor that we want to have put on there, so that it is very clear that there is an Easement from [State Road] 434 into the commercial property and that the folks in Heritage Park understand that the commercial property has the right to have their customers come in through there. The same company did the survey for Wagner's Curve, the Plat, the Replat and now for this, so we are requesting that this area - that you see here on the Wagner's Curve Replat - how it was nicely hatched in, it says Ingress/Egress Easement, we requested that their Surveyor provide that same really noticeable hatching on this Plat and we would like to have that again, so there is no question in anybody's ~ind, that the folks at that 1.2 acre commercial area have the right to come in there. ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 25, 2003 PAGE 22 OF 27 We have the Easement document - I have provided that to the Attorney, that they are going to pay for half of the maintenance up to wherever the gate structure is. So we just want to make sure that when the people buy in here, they know that these folks here have the right to have traffic coming in and out and where they have the right to use it - so we recommend approval subject to those conditions." Tape 3/Side B Discussion. Mr. Tom Daly, Daly Design Group, Inc., 861 West Morse Boulevard, Suite 125, Winter Park, Florida: addressed the City Commission's questions. Commissioner Martinez asked Manager McLemore, "Where do we stand in negotiations with reference to the trees?" Manager McLemore stated, "I am ready to bring you a . settlement at the next Meeting." Further discussion. . MOTION TO APPROVE, MOTION, SECONDED BY DEPUTY MAYOR MILLER. DISCUSSION VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: NAY COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR MILLER: AYE MOTION CARRIED, REGULAR 27, J, Community Development Department Requests That The City Commission Schedule A Workshop Amending The City's Regulations Affecting Detached Accessory Structures And Buildings, "MOTION TO TABLE," MOTION BY COMMISSIONER BLAKE, MOTION DIED FOR LACK OF A SECOND, The City Commission discussed possible dates for this Workshop. With a proposed Meeting date of Monday, September 8, 2003, (prior to the Regular Meeting), Commissioner McGinnis stated, "Good." Deputy Mayor Miller stated, "Good." Mayor Bush summarized that the consensus for this Workshop was for "5:00 p.m. on September 81\" 2003. ~ ~ ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 25, 2003 PAGE 23 OF 27 REPORTS REPORTS 28, A, Office Of The City Attorney - Anthony A. Garganese, Esquire Attorney Garganese informed the City Commission that "Seminole County and the City of Oviedo did not appeal the decision of the Circuit Court on the Annexation." Next, Attorney Garganese stated that "Regarding 'Binford v. the City of Winter Springs, ' we got an Order today from Judge Simmons ruling in the City's favor." REPORTS 29, B. Office Of The City Manager - Ronald W, McLemore Manager McLemore said that while on a recent vacation, he took numerous photographs of Town Center Developments. Secondly, Manager McLemore asked when the City Commission wanted to have a Workshop on Boat Docks and on Permitted Uses. Manager McLemore suggested, "Do you want me to put that in the form of an Agenda [Item] and bring it back to you at the next Meeting?" Deputy Mayor Miller stated, "Yes." With further discussion on a possible date for a Workshop on Boat Docks, it was agreed that this Workshop would be held on Monday, September 15th, 2003 - beginning at 6:00 p.m. As for a Workshop on Permitted Uses, Mayor Bush suggested "Bring it back as an Agenda Item." Manager McLemore stated, "Okay." Commissioner McLeod added, "If we do not complete our Workshop on the 8th, on the [Accessory] Buildings, can we carry that to the 15th also?" Commissioner McGinnis stated, "Sure." Mayor Bush agreed and said, "I think that would be a good idea." Commissioner McLeod added, "To complete that, and then go into the Boat Docks?" Mayor Bush said, "Does everybody agree to that that if we run out oftime, on the 8t\ we will move that to the 15th as well?" Commissioner McGinnis said, "Good." Mayor Bush summarized the consensus as, "Everybody is in agreement on that." REPORTS 30. C. Office Of The City Clerk - Andrea Lorenzo-Luaces No Report. *""~ ~ c:::> ~ ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 25, 2003 PAGE 24 OF 27 REPORTS 31. D. Commission Seat Five - David W, McLeod Commissioner McLeod inquired about the status of Nature's Way. Discussion. REPORTS 32. E. Commission Seat One/Deputy Mayor - Robert S, Miller Deputy Mayor Miller spoke of "Some problems in certain areas of the City in the past, and some of them are still going on today, regarding the number of people living in a residential house, in a property zoned 'Residential,' 'Single-Family. '" Deputy Mayor Miller added, "I would like the City Attorney or City Staff - to look at what other cities around us are doing, maybe even State-wide." With further discussion, Deputy Mayor Miller then said, "I would like the City Staff or the Attorney to bring this back so we can do the minimal type approach, as opposed to the maximwn." With discussion, Deputy Mayor Miller was asked when he would like this information and responded, "As soon as possible." Attorney Garganese suggested, "Why don't I just put" together an Informational Item for you or an Agenda Item explaining the legal issues." Mayor Bush then asked Deputy Mayor Miller, "Does that answer your request Commissioner Miller?" Deputy Mayor Miller responded, "That will do." REPORTS 33, F. Commission Seat Two - Michael S, Blake Commissioner Blake stated, "20-357." Secondly, Commissioner Blake spoke about the length of time remaining on the "Trash contract," and inquired, "Are we getting as many complaints here at the City, as' I get on the service?" Commissioner Blake then said, "I think it is time for us to start looking." Commissioner McGinnis added, "I agree." Discussion. Mayor Bush stated, "Kip [Lockcuff, Public WorkslUtility Department Director], is there anyway you can summarize the complaints, or do you already do that - telephone calls from citizens? And if so, maybe you could share that with the Commission." Mr. Lockcuff suggested an "Informational Agenda Item." Thirdly, Commissioner Blake stated, "I understand that the County would like for us to enter into an Agreement to utilize their landfill?" Commissioner Blake then asked, "Where do we stand with that? Is that something that is going to come before us?" Manager McLemore stated, "It is going to come before you." Commissioner Blake added, "It sounds like an issue that is right for an Interlocal Agreement, not just between us and the County, but between all of the Cities and the County." Manager McLemore added, "I agree." t:I CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 25, 2003 PAGE 25 OF 27 REPORTS 34. G, Commission Seat Three - Edward Martinez, Jr, In regards to the problem with the number of people in a residence, Commissioner Martinez noted that he was not in favor of this. Commissioner Martinez commented on a recent donation to the Missing Children's CenterJ Discussiop.. . \ front '\hi tl ~ of Wif\W ~r1 ~. REPORTS 35, H, Commission Seat Four - Sally McGinnis Commissioner McGinnis also spoke of a recent donation to the Missing Children's Center. With discussion on the policy, Commissioner McGinnis stated, "Maybe it is time to revisit that." Deputy Mayor Miller stated, "If it is a one $500.00 contribution that is involved right now, so far - and that was what Mayor [Paul P.] Partyka did - I would like to know." Mayor Bush suggested, "Maybe you need to make this an Agenda Item and the Commission needs to decide." With discussion, Commissioner McLeod remarked that "Maybe the guidelines need to come back to us to look at." Manager McLemore stated, "We'll bring it back." REPORTS 36, I, Office Of The Mayor - John F. Bush Mayor Bush commented on employees parking in the closest parking spaces at City Hall and said that the Mayor and Commission's parking spaces "Should be reserved the nights of Commission Meetings and Special Meetings, but to keep those spots, all six (6) of them, during the day, is wrong." Discussion. Next, Mayor Bush stated, "Today, Mr. McLemore and I reviewed the video that the City had done two (2) years ago, which of course is pretty much out of date, and we are going to get something together for the Commission to look at, in terms of possibly updating that." Mayor Bush added, "We're going to get a price on it, how much it would cost to update it, then we will bring it back." .:..:. AGENDA NOTE: THE FOLLOWING ADDITIONAL REPORT WAS GIVEN NEXT, .:. .:. ~~ ~~ $~~~Jilj b .~:::~ . r.~ ~~::'J!j ~;;;.,>,:~"~ '~~:~~;~? CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 25. 2003 PAGE 26 OF 27 REPORTS REPORTS 31. D, Commission Seat Five - David W, McLeod Commissioner McLeod brought up an issue discussed at the last Regular Meeting about a document announcing a Conference on Urban Development on September 11 th and 12th, and asked who was attending. Commissioner McLeod said to Manager McLemore, "On my behalf, I would like to tell you to go." .:..:. AGENDA NOTE: AN ADDITIONAL REPORT WAS GIVEN, AS DOCUMENTED. .:. .:. REPORTS REPORTS 36,1. Office Of The Mayor - John F, Bush Mayor Bush suggested that Members of the City Commission consider attending some of the events that they receive notice about, and mentioned two (2) specific events - Seminole County Public Schools' "100 Day Reception for the new Superintendent" and the "Arts Alive in Seminole" events. Mayor Bush added, "I am going to send this around, if you would like to go, you let the [City] Clerk know, and we will take it out of the Mayor's Budget." .:..:. AGENDA NOTE: THE LAST ADDI)'IONAL REPORT WAS GIVEN NEXT AS DOCUMENTED, PRIOR TO ADJOURNMENT, .:..:. REPORTS REPORTS 31. D. Commission Seat Five - David W, McLeod With further discussion on the Urban Development Conference on September 11 th and 12th, Mayor Bush said, "Is that something Ron [McLemore], you think some of the Commissioners should go to?" Deputy Mayor Miller then stated, "Here we are with the Town Center about a quarter built out, and I am really curious as to how.other cities are drawing and attracting people - to their Town Center's, to their Urban Renewal projects - and I think at a Conference like that, you are probably going to meet many other people that are very heavy into that." Furthermore, Commissioner McLeod added, "I would like to know tomorrow, as to how this looks." ~ ~ ~ ~ t:=J ADJOURNMENT CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 25, 2003 PAGE 27 OF 27 Mayor Bush adjourned the Meeting at 11: 15 p.m. RESPECTFULLY SUBMITTED: ANDREA LORENZO-LUACES, CMC CITY CLERK APPROVED: JOHN F. BUSH MAYOR NOTE: These Minutes were approved at the , 2003 Regular City Commission Meeting. ~ ~ ~ ~ t:::fJ A TT ACHMENT "D" CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING AUGUST 25, 2003 CALL TO ORDER The Regular Meeting of Monday, August 25,2003 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). Mayor John F. Bush, present Deputy Mayor Robert S. Miller, present Commissioner Michael S. Blake, arrived 6:43 p.m. Commissioner Edward Martinez, Jr., present Commissioner Sally McGinnis, present Commissioner David W. McLeod, arrived 6:37 p.m. City Manager Ronald W. McLemore, present City Attorney Anthony A. Garganese, arrived 6:33 p.m. Following a moment of silence, the Pledge of Allegiance was led by Mayor Bush. City Attorney Anthony A. Garganese arrived ~ 6:33 p.m. Under "Agenda Changes," Ms. Eloise Sahlstrom, AICP, ASLA, Senior Planner, Community Development Department stated Public Hearings Agenda "Item 16., as it was advertised in the paper, included thirty-three (33) parcels. We're only looking at thirty- one (31) parcels tonight, of those thirty-three (33) - the two (2) parcels that we are not including in consideration of for tonight, were not currently zoned 'C-2', they were currently zoned C-l, and we felt it best to not act on that at this time." AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 1. A, Office Of The Mayor Presentation Of A Proclamation In Honor Of The Code Enforcement Division Of The Winter Springs Police Department, Mayor Bush read a Proclamation in honor of the City's Code Enforcement Division. Winter Springs Police Department Captain Glenn Tolleson, Code Enforcement Officer Jose Romero, and Code Enforcement Officer Cathy Davidson accepted the Proclamation. Commissioner David W McLeod arrived at 6:37 p.m. ~ ~ ~ ~J C}> ~ ~ J CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 25, 2003 PAGE 2 OF 27 AWARDS AND PRESENTATIONS 2, B, Office Of The Mayor Presentation Of A Proclamation In Honor Of Fire Fighter Appreciation Week. A Proclamation was presented in Honor of Fire Fighter Appreciation Week. Winter Springs Fire Department Members - Battalion Chief David Myers, Lieutenant David Tryon, Firefighter/Apparatus Operator Tom Grey, and Firefighter/Rescue Technician Mark Laverty accepted the Proclamation. Deputy Mayor Robert S. Miller spoke about residents of Hacienda Village being pleased with the service of the City's Fire Fighters. PUBLIC INPUT Mr. Bob Rucci, 973 Turkey Hollow Circle, Winter Springs, Florida: spoke in support of the proposed Canine Unit Agenda Item; stated that he was checking on alternative properties for the Paw Park; and asked about the Lease documents. Commissioner Michael S. Blake arrived at 6:43 p.m. Mr. Mervin Warner, 673 Keuka Court, Winter Springs, Florida: as the President of the Tuscawilla Homeowner's Association, Mr. Warner noted the support for the Canine Unit. Ms. Loretta Ames, J 50 3rd Street, Winter Springs, Florida: although not present, Mayor Bush stated, "Loretta Ames - she also wanted to speak in favor of the canine unit." Mr. Jim Bourg, J J 4 St. Johns Landing Drive, Winter Springs, Florida: commented about the proposed Boat Dock Ordinance and inquired as to when this issue might be discussed next? Mayor Bush said "We will give your name and address to the [City] Clerk and as soon as it is scheduled, we will let you know." Mr. Bourg stated, "Okay." Mr. Tom Brown, 7 J 7 Adidas Road, Winter Springs, Florida: representing the Planning and Zoning Board/Local Planning Agency, Mr. Brown spoke on Zoning concerns and suggested that the Planning and Zoning Board/Local Planning Agency have a Joint Workshop with the City Commission and the City Attorney. Ms. Helga Schwarz, 720 Galloway Court, Winter Springs, Florida: spoke on behalf of the Highlands Homeowner's Association on the proposed pollar Gen:en~ store, and commented on continued concerns with traffic issues, and the construction of a wall. Ms. Schwarz also remarked about the Agenda Item related to the Labor [Artbr:ne)j. ~ ~ !5~"2J ~ ~ ~ ~ ~ iJ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 25, 2003 PAGE 4 OF 27 None of them are signed. Somebody just put 'Name, Address, Winter Springs; Zip Code' - and he said there were sixty (60), and there is only thirty-six (36), but this is not a signed petition, so I just wanted the Commission to know that if this is part of the reason that they supported this, that I don't consider this an appropriate way to convince us that there is public support." Deputy Mayor Miller added, "I just wanted to point that out to the C.ommission, it is a correction of the Record, the Petition which was handed in, has no standing." CONSENT 6, D, Office Of The City Attorney Approve Settlement In The Amount Of $2,500,00 In Timothy Thomas v, City Of Winter Springs. CONSENT 7. E. Community Development Department Requesting Commission Approval And Acceptance Of The Naming Of Three Streets Beginning With The East State Road 434 Entrance Into Winter Springs High School And Central Winds Park, With discussion on the proposed street names, Deputy Mayor Miller stated, "I thought the City might want to review this - and call it Central Winds Park - that little cut-in and then leave the rest of that roadway called Central Winds Park." Commissioner Sally McGinnis said, "I concur." Deputy Mayor Miller added, "I would like to see it pulled off and come back - if we all concur." Commissioner McLeod stated, "You can probably get consensus from the Commission to move it forward ~his evenin~, as the Commissioner has requested. I agree with the Commissioner." Further discussion. Tape I/Side 8 Discussion. Commissioner Blake stated, "If you turn off of [State Road] 434 here, and if we name that portion of the pavement the same as that portion of the pavement, you literally have to go to a stop sign and turn left at an intersection, which essentially is a four (4) way intersection, to stay on a road that is named the same. Would this portion of the road down here, be named after the park as well? It becomes problematic I think and you are confusing people [If one were to say] - 'I am at the intersection of a road, and the same road... ", ~ r..~~ ~~ ~ ~~~J ~ ~.~.-. ~ ~~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 25,2003 PAGE 5 OF 28 Commissioner McLeod suggested, "The easier answer to it is to the call the little section Winter Springs Park Road. When you get to the end of it, which is a hundred yards, then you go into Central Winds Parkway." Commissioner McLeod then said that the Winter Springs High School Road name is too long, and preferred "Learning Tree Drive." Mayor Bush then said, "Commissioners, would you like the Staff to rework this and bring it back at the next Meeting?" Commissioner McLeod stated, "Yes." Commissioner McGinnis said, "Yes." Commissioner McLeod then spoke about Hickory Grove Drive and Blumberg Boulevard. Mayor Bush then said, "For right now, Consent Item 'E' has been pulled off and will be brought back by Staff with some of these comments made; and maybe before the next Meeting, some of the ~ Commissioners could also meet with the Manager - so we can decide on it the next time around." "MOTION TO APPROVE THE CONSENT AGENDA, EXCLUDING ITEM 'E,' !WHICH IS. TO BE BROUQHT BA.C~" MOTION BY COMMISSIONER MARTINEZ, SECONDED BY COMMISSIONER McGINNIS, DISCUSSION, Commissioner McLeod stated, "In the Motion I did make to approve the [Gas] Station, it had no bearing on that petition." VOTE: COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED, INFORMA TIONAL INFORMATIONAL 8, A, Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. Discussion. ~ ~ ~gJ ~ CL"'1"}Pl ek..J ~ ~ <.,,:J ~ ~J CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 25, 2003 PAGE 6 OF 27 INFORMATIONAL 9, B, Parks And Recreation Department Would Like To Inform The City Commission Of The Status Of The Brick Wall Project At Moss Park, With brief discussion, Deputy Mayor Miller said, "I will get with Staff later on this." INFORMATIONAL 10, C. Public Works Department Recommends The Removal Of Trees Located At City Hall That Are Currently A Maintenance Problem Due To Health And Location, Discussion ensued with Mr. Michael Mingea, City Forester/Environmental Inspector, Community Development Department. Deputy Mayor Miller noted that no illustrations were shown regarding the back of the building. With discussion, Deputy Mayor Miller added, "I would like to have this brought back - and just give us a more definitive identification of where the trees are, what you plan to do with them, so that we will understand what is going to happen." Furthermore, Deputy Mayor Miller said, "I think it would be appropriate to bring back the item, show us where the trees are on a graphic and what has to be done, and why they can't be trimmed and that kind of thing." Commissioner Blake suggested, "As we bring this back - I would just like to be absolutely certain that we make decisions as to how we take trees down around City Hall, the same way we make decisions about allowipg pr issuing permits for homeowners or citizens or business owners, when they need to take trees down." Mayor Bush then said, "Informational 10. C. then will be pulled." INFORMATIONAL 11. D, Utility Department Advising The City Commission Of The Proposal to Acquire the Tuskawilla Trails Mobile Home Park Water Distribution System. Brief discussion "I WILL MAKE A MOTION THAT WE APPROVE THE INFORMATIONAL [AGENDA] - WITH THE EXCEPTION OF THAT ITEM, WHICH WILL BE BROUGHT BACK," MOTION BY DEPUTY MAYOR MILLER. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION, (!r.~~~.,. /1 m : ',,:;::;;"1 ~~~ Ii '.'.,.... ';;J ~,~..~J...- .- ;).'-'''\~ ~.. ,,-.m (~) 1:><;';;; "0 c:z~~ ~~ ~ ~ ~-=~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 25, 2003 PAGE 10 OF 27 PUBLIC HEARINGS 15, E. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For First Reading Of Ordinance 2003-28, Rezoning Seven (7) Parcels Along Belle Avenue From "C-2" To "I-I." Mayor Bush asked, "Can we have a Motion to read by 'Title' only." "SO MOVED," MOTION BY COMMISSIONER MARTINEZ. SECONDED. DISCUSSION, VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE DEPUTYMAYORMILLER: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED, Attorney Garganese read the Ordinance by "Title" only. Mayor Bush opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. Commissioner Blake spoke of the parcels in question, and said, "I would also recommend that [whe~ we advertise this Ordinance, that we make sure it is dear." Discussion ensued on who will pay for items coming back. Commissioner Blake then said, "My only concern is to make sure that the Land Owner understands that there is going to be a cost involved in going forward, because they are not part of this Rezoning effort, and that they are not surprised by that cost." Ms. Sahlstrom stated, "I can make that clear to them." Discussion. "AS THIS IS ADMINISTRATIVE IN NATURE, I AM GOING TO ASK THAT WE TABLE THIS ITEM FOR TWO (2) WEEKS, TO ALLOW STAFF TO HAVE FURTHER DISCUSSIONS WITH THE OWNER OF THAT PARCEL. IT SEEMS TO ME FROM EVERYTHING THAT I HAVE HEARD THAT THAT OWNER PROBABLY OUGHT TO WANT TO BE PART OF THIS ADMINISTRATIVE REZONING, AND GO TO I-I." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD, DISCUSSION. { "4 t.... ~-_-~':} F.) .~,......(] ~~:\'-?D (. ',"".;1 (. S!..) ~.",.~"....."" , :it.,:) f,;u'~ eJ1 ~~-"\!!~"w1~ ~.~~ ~'.r~ ~ ~ ;J CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 25, 2003 PAGE 12 OF 27 With discussion, Attorney Garganese stated, "Under the new Industrial Zoning District that this Commission adopted, automotive storage and other kinds of storage yards of non-hazardous materials are permitted." Deputy Mayor Miller then said, "So that would take care of 'Eighteen-wheelers' being able to park on their premises." IMr. Frank Pruitt, 501 Wade Street, Winter Springs, Florida: spoke brIefly on this. ~genda Item.! City Manager Ronald W. McLemore pointed out that "General Contractors is a typical use of 'Light Industrial,' and I think all we are talking about is some clarifying language - and text changes; and I think all the Commission needs to go on record tonight requesting that text change, and bring it back." With further discussion, Manager McLemore added, "I think it is almost a form of a Scrivener's error, that it is not in there. " Mayor Bush opened the "Public Input" portion of this Agenda Item. Mr. Jimmy Fortner, 1203 Florida Avenue, St. Cloud, Florida: as the owner of Master Construction that owns the property at 215 Old Sanford-Oviedo Road, Mr. Fortner asked for "Clarity on the language to allow heavy equipment." Deputy Mayor Miller said to Attorney Garganese, "Bulldozers and scrapers and those heavy dump trucks, is that also included in our verbiage which you referred to earlier, along with eighteen-wheelers?" Deputy Mayor Miller added, "I just want to make sure we don't get caught ~ater on! with heavy bulldozers not considered in this area, so therefore it has to be removed." Attorney Garganese then said, "We are going to come back with another Ordinance just to clarify that specific use." Mr. Bart Phillips, 7220 Lake Flay Circle, Orlando, Florida: addressed the City Commission and spoke of three (3) parcels of property which he owns and said that "'C- 2' should be allowed in the Industrial Zone." Manager McLemore spoke to Mr. Phillips about the "Area under the power lines - if that is to be included in 'Light Industrial' for uses - I do not think a tree line is sufficient for a buffer for the people who live across the street for that." Mr. Phillips then said, "So the fence line is okay for the school zone?" Manager McLemore responded, "I would agree with you on that point." Mr. Phillips then said, "That is a pretty heavy tree line, and I would be more than glad to put up a fence." Manager McLemore said, "I am talking more of a brick type fence that gives some real buffer between the single family residences that live across the street from you, and an industrial area." Manager McLemore added, "If we are going to extend 'Light Industrial' uses into that area, I think the Commission needs to take additional action to buffer that area from the people who are around it, which are basically single family users." ~ ~ ~ ~J ~ ~..''G ,':;:''';:::'51 ~ ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 25. 2003 PAGE 150F28 Vo.TE: Co.MMISSIo.NER McLEo.D: AYE Co.MMISSIo.NER McGINNIS: AYE Co.MMISSIo.NER BLAKE: AYE DEPUTY MA yo.R MILLER: AYE Co.MMISSIo.NER MARTINEZ: AYE Mo.TIo.N CARRIED, .:..:. AGENDA No.TE: THE Fo.LLo.WING TWO. (2) REGULAR AGENDA ITEMS WERE DISCUSSED IN THE o.RDER AS Do.CUMENTED, Fo.LLo.WED BY THE REST o.F THE AGENDA, .:..:. REGULAR REGULAR 25, H, Community Development Department - Arborist Recommends The City Commission Consider The Request o.f Mr, Uwe Pagenkopf To Remove 1 Specimen Long-Leaf Pine Tree, Approximately 21 Inches In Diameter, From The West Side o.f The Lot, In o.rder To Protect The Home Structure. Ms. Danielle Pagenkopf, 200 Chestnut Ridge Street, Winter Springs, Florida: addressed the City Commission on this Request. Discussion. ~ WOlJ1,1) J:.II{Etq MAJq!;A~01'IONmAT WE DO APPROVI!: TH MOV AL IF 'tHE TREEA,S ILLUSTRATED IN ITEM 'H.''' MOnON B i o.MMISSIONER MeLEo.D.''! MOTIo.NDIED Fo.R.LACK o.FASECo.NDJ Tape 2/Side B Further discussion. "I Wo.ULD LIKE TO. MAKE A Mo.TIo.N THAT WE APPRo.VE THIS REQUEST." Mo.TIo.N BY DEPUTY MAyo.R MILLER. SECo.NDED BY Co.MMISSIo.NER McLEo.D, DISCUSSIo.N. s ~ g:r. " .'ji;-.. _J ~~ ~.,;:;:(1 12.) CF'7~ ~.;- (f.;~ d:l',...<..l .... , ,;:5l l~ '~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 25, 2003 PAGE 17 OF 28 Mr. John Baker, AICP, Senior Planner, Community Development Department spoke on this Agenda Item with the City Commission. Mr. Stephen McAllister, 653 Silvercreek Drive, Winter Springs, Florida: addressed the City Commission on his request for a Variance. Discussion. "I WOULD LIKE TO MAKE A MOTION THAT WE DENY THE VARIANCE AS IT DOES NOT MEET THE SIX (6) VARIANCE REQUIREMENTS." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION, VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR MILLER: AYE MOTION CARRIED. REGULAR 19, B. Community Development Department Presents To The City Commission, The Final Engineering/Site Plan For The Dollar General Store With The Removal Of 4 Healthy Specimen Trees, Mr. Baker introduced this Agenda Item. Commissioner Blake asked as to where were the Site Plans. "I WOULD LIKE TO MAKE A MOTION ffiiAT wID, TABLE THIS UNTIL THE NEXT MEETING." MOTION BY DEPUTY MAYOR MILLER. MOTION DIED FOR LACK OF A SECOND, Commissioner McGinnis stated, "I have met with the HOA [Homeowner's Association] adjacent to this. They also would like to have a brick wall, but they would like to have in writing that whatever the wall is, that it would be steam-cleaned, pressure-cleaned annually - walls tend to get mildewed." Ms. Sahlstrom handed out Site Plans to those on the dais. Discussion. Tape 3/Side A cr=:=:] . ~LOjr.:::t:'.Jl ()o~:'.J ~~ C;;; ~':'l 1.'&,:7>.) C=c~-ti1 1S2J ['3iS-I Q!~ ~ ~ ~ J CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 25, 2003 PAGE 18 OF 28 Mr. Dennis Wood, 1925 Bartow Road, Lakeland, Florida: as the Site Engineer for this project, Mr. Wood addressed the City Commission on maintenance concerns and stated, "If a condition of approval is that some kind of maintenance responsibility, pressure- washing the walls or something like that, I don't think there would be any concern about that. They may have every intent to do that and be a good neighbor, etceteras." Deputy Mayor Miller stated, "You have assured us that this is going to be not the typical store, but there are no Artists' renderings that would allow me to at least make an analysis that it is going to fit in the neighborhood." Furthermore, Deputy Mayor Miller said, "I would like to see all these details from the Staff." Discussion ensued with Mr. Wood on the proposed building components. Deputy Mayor Miller added, "Until I personally understand all the facets of this thing, and get a chance to comment on it - see if we can't work out additional details - regarding the type of wall, regarding what the front looks like." Commissioner McGinnis stated, "I was hoping we would see an Artist's rendering of what it is going to look like, because all I can envision now is a block building, which I hope it is not just a concrete block building. So, I think we need details. I agree." Discussion ensued on a rendering shown to the City Commission. Commissioner McGinnis stated, "That looks pretty much like a storage building to me. It does not look like a commerce building, there are no windows on the side. I am just disappointed that it does not have some style to it." Discussion followed on proposed landscaping and architectural features. Commissioner Blake said, "This is the first time that I have seen any rendering at all as to what this building would look like and I would quite frankly tend to agree with Commissioner McGinnis that it is just pretty much a rectangular box; and while some of the materials may be an upgrade for what your folks tend to use, I think that is an excellent start, but if there were a way to fix the roofline, and add some architectural value to the roofline, which doesn't necessarily mean to go two (2) stories, but I think if there was something other than what looks like a warehouse or a shed - something that would give it a better chance of blending in with the predominantly residential character ~fth~ area of which you propose to build it ~ r think it would probably go a long way fo~ . ,,- !)Iou. I Discussion followed on the structure of the proposed building and features. In discussing this with Mr. Wood, Commissioner McLeod pointed out that "You have a metal column building with block infil!. Ron [McLemore], this is far from what we are looking for on [State Road] 434." Furthermore, Commissioner McLeod said, "I realize it is nothing more than a Butler@ Building with block - is what you are looking at Ron [McLemore], unless you can bring us architectural drawings showing something different, even your overhangs are all metal overhangs. I would suggest that we Table this until we have ~ l~ ~'l1?J ft=.<~ ~ ~~ ~~0 ~ ~ ~. ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 25,2003 PAGE 190F27 Commissioner McLeod said to Mr. Wood, "You need an architectural rendering submitted to Mr. McLemore that will have some credence to get through the review." Furthermore, Commissioner McLeod said to Mr. Wood, "I would direct you to go directly to Mr. McLemore - and get it to him. He will decide whether or not he thinks it needs to go to his Staff. If it doesn't get past him, there is no need to take it to Staff. And then once he does that, then he will bring it to us." Manager McLemore stated, "I think I understand what you want. You want a quality building..." Commissioner McGinnis added, "... With some architecturaL.." Manager McLemore then said, "... With some relief, and some architectural details." With additional discussion on whether the Site Plan can be approved, Commissioner McLeod stated, "As long as Dollar General understands the approval of the Site Plan does not necessarily mean that this building is going on it." "I MAKE A MOTION t;tBA'li AT THIS TIME WE TABLE THIS UNTIL WHICH TIME WE DO SEE A RENDERING COMING BACK." MOTION BY COMMISSIONER McLEOD, SECONDED. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE DEPUTY MAYOR MILlLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED, REGULAR 20, C. Community Development Department Presents A Request By JDC Calhoun To Amend The Lighting Plan For The JDC Calhoun Town Center Site. Mr. Baker introduced this proposal. Commissioner Blake said, "Basically we are memorializing the plan that we already agreed on - both sides to do - previously, with the additional language about that potential spillover in those couple of areas." "MOTION TO APPROVE." MOTION BY COMMISSIONER BLAKE, SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. ~ ~ ~ ~ g:~~ ~:~) ~ d"""C'- <<;J ~ ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 25, 2003 PAGE 25 OF 27 REPORTS 34. G, Commission Seat Three - Edward Martinez, Jr, In regards to the problem with the number of people in a residence, Commissioner Martinez noted that he was not in favor of this. Commissioner Martinez commented on a recent donation to the Missing Children's Centet\" from the Ci!}: of Winter Spring~ Discussion. REPORTS 35, H. Commission Seat Four - Sally McGinnis Commissioner McGinnis also spoke of a recent donation to the Missing Children's Center. With discussion on the policy, Commissioner McGinnis stated, "Maybe it is time to revisit that." Deputy Mayor Miller stated, "If it is a one $500.00 contribution that is involved right now, so far - and that was what Mayor [Paul P.] Partyka did - I would like to know." Mayor Bush suggested, "Maybe you need to make this an Agenda Item and the Commission needs to decide." With discussion, Commissioner McLeod remarked that "Maybe the guidelines need to come back to us to look at." Manager McLemore stated, "We'll bring it back." REPORTS 36. I. Office Of The Mayor - John F. Bush Mayor Bush commented on employees parking in the closest parking spaces at City Hall and said that the Mayor and Commission's parking spaces "Should be reserved the nights of Commission Meetings and Special Meetings, but to keep those spots, all six (6) of them, during the day, is wrong." Discussion. Next, Mayor Bush stated, "Today, Mr. McLemore and I reviewed the video that the City had done two (2) years ago, which of course is pretty much out of date, and we are going to get something together for the Commission to look at, in terms of possibly updating that." Mayor Bush added, "We're going to get a price on it, how much it would cost to update it, then we will bring it back." .:..:. AGENDA NOTE: THE FOLLOWING ADDITIONAL REPORT WAS GIVEN NEXT. .:..:. ~-=O 'i'~J_~ Il~~.~ l'I>~ ~"'D ~f3J ~J e=;.'S Q!~"-:z:.) ~ ~ ~ ~ Comments of Andrea Lorenzo-Luaces, City Clerk on the originally submitted August 25, 2003 City Commission Regular Meeting Minutes: On page 1 of 27, (19th line of text, not including the Header) - Ms. Pierstorff noted that the word "at" should have been included in the sentence which identifies a time of arrival. I have added this word to the revised Minutes. Please note that I do not believe that the content of this discussion was incorrect in any way, with the unintentional omission of this word. On page 2 of 27, (29th line of text, not including the Header) - I noticed that the words ".. . General Dollar..." were unintentionally reversed. The correct wording should be ". . .Dollar General. . ." I have included this minor change in the revised Minutes, and I do not feel that this caused any major distortion to this discussion. Also on page 2 of 27, (315t line of text, not including the Header) - I noticed that the word ".. . Attorney ..." had mistakenly been left off at the end of this sentence. I have included this word in the revised Minutes. By not including this word, I do not believe that the content of this discussion was erroneously affected in any way. On page 4 of 27, (22nd line of text, not including the Header) - Ms. Pierstorff commented that I left off the words "this evening" - I agree I seem to have overlooked those two (2) words. These two (2) words have now been included in the revised Minutes. By not including these two (2) words, again - I do not believe that the content of this discussion was misleading. On page 5 of 27, (11 th line of text, not including the Header) - Ms. Pierstorff noted that I included the word "next" when it was not stated. This word "next" has now been deleted from the revised Minutes. Again, I do not believe that this word in the previously submitted Minutes distorted the discussion in question in any way. Also on page 5 of 27, (14th line of text, not including the Header) - Ms. Pierstorff remarked that the words ".. .WHICH IS TO BE BROUGHT BACK." was not included in the Motion. I have included these words in the revised Minutes. Please note that by not including these two (2) words, again - I do not believe that the content of this discussion was misleading. On page 6 of 27, (20th line of text, not including the Header) - Ms. Pierstorff observed that I left off the words".. .or issuing." It seems that in fact I did not include those two (2) words in this sentence. These two (2) words have now been included in the revised Minutes. Additionally, by not including these two (2) words, again I do not believe that this misconstrued the content of this discussion. Comments of Andrea Lorenzo-Luaces, City Clerk on the originally submitted August 25, 2003 City Commission Regular Meeting Minutes: Page 2 of 3 On page 10 of 27, (21 st line of text, not including the Header) - Ms. Pierstorff noted that I left off the word "when" and it does seem that I did not include this word in this sentence. The word "when" should have been included and has now been included in the revised Minutes. Again, by not including this word, I do not believe that the content of this discussion was erroneously affected in any way. On page 12 of 27, (5th line of text, not including the Header) - the reference to "Mr. Frank Pruitt..." should have been noted where the arrow is shown. This has been changed in the revised Minutes. Please note that I do not believe that where this text was previously placed, affected the content of this Agenda Item. Also on page 12 of 27, (20th line of text, not including the Header) - Ms. Pierstorff noted that I left off the words "later on" which were stated by Deputy Mayor Robert S. Miller. It seems that I did not include these two (2) words in this sentence. These words "later on" have now been included in the revised Minutes. Again, by not including these two (2) words "later on," I do not believe that the content of this discussion was misconstrued III any way. On page 15 of 27, (just below the 20th line of text, not including the Header) - Ms. Pierstorff noted that a Motion which was not seconded and therefore died, was not included. There are some individuals who don't include Motions which are not seconded and then die, as no true action was taken by a governing body; and there are some individuals who do include such Motions. For the most part I usually do include most Motions (even those which die), but sometimes not everyone of these types of Motions are included. I will be glad to include this Motion (which died) - in the revised Minutes. Again, I do not think that by not including this Motion (which died), that the content of this Agenda Item discussion could have been misinterpreted in an incorrect manner. On page 17 of27, (23rd line of text, not including the Header) - Ms. Pierstorffnoted that I left off the words "THAT WE" which were stated by Deputy Mayor Robert S. Miller. It seems that I did not include these two (2) words in this sentence. These words "THAT WE" has now been included in the revised Minutes. Please note that as a result of this unintentional omission, I do not believe that this discussion was incorrectly misconstrued III any way. On page 18 of 27, (30th line of text, not including the Header) - Ms. Pierstorff noted that I left off the last part of a sentence stated by Commissioner Michael S. Blake. It seems that this is the case; therefore, the words "...- I think it would probably go a long way for you." have now been included in the revised Minutes. Additionally, by not including the words in question, I do not believe that this misconstrued the content of this discussion. Comments of Andrea Lorenzo-Luaces, City Clerk on the originally submitted August 25, 2003 City Commission Regular Meeting Minutes: Page 3 of3 On page 19 of27, (13th line of text, not including the Header) - Ms. Pierstorff commented that I left off the word "that" which was stated by Commissioner David W. McLeod. When I again listened to the tape in reviewing Ms. Pierstorffs comments, the words "that" and "at" are stated very closely together, but it does seem that the word "that" was stated. I have included this in the revised Minutes. Please note that by not including this word, I do not believe that the content of this discussion was incorrect in any way. On page 25 of27, (6th line of text, not including the Header) - Ms. Pierstorff suggests that the words "..., from the City of Winter Springs." be added to end of the sentence. I will be glad to include these suggested words. I do feel that without these additional words, the content of this discussion was still not misconstrued in any way. ATTACHMENT "E" CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING AUGUST 25, 2003 CALL TO ORDER The Regular Meeting of Monday, August 25,2003 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). Mayor John F. Bush, present Deputy Mayor Robert S. Miller, present Commissioner Michael S. Blake, arrived 6:43 p.m. Commissioner Edward Martinez, Jr., present Commissioner Sally McGinnis, present Commissioner David W. McLeod, arrived 6:37 p.m. City Manager Ronald W. McLemore, present City Attorney Anthony A. Garganese, arrived 6:33 p.m. Following a moment of silence, the Pledge of Allegiance was led by Mayor Bush. City Attorney Anthony A. Garganese arrived at 6:33 p.m. Under "Agenda Changes," Ms. Eloise Sahlstrom, AICP, ASLA, Senior Planner, Community Development Department stated Public Hearings Agenda "Item 16., as it was advertised in the paper, included thirty-three (33) parcels. We're only looking at thirty- one (31) parcels tonight, of those thirty-three (33) - the two (2) parcels that we are not including in consideration of for tonight, were not currently zoned 'C-2', they were currently zoned C-l, and we felt it best to not act on that at this time." AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 1. A. Office Of The Mayor Presentation Of A Proclamation In Honor Of The Code Enforcement Division Of The Winter Springs Police Department, Mayor Bush read a Proclamation in honor of the City's Code Enforcement Division. Winter Springs Police Department Captain Glenn Tolleson, Code Enforcement Officer Jose Romero, and Code Enforcement Officer Cathy Davidson accepted the Proclamation. Commissioner David W McLeod arrived at 6:37 p.m. ~ ~.'f,? ~ ~ ~ ~~ ~ (1. il CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 25, 2003 PAGE 2 OF 27 AWARDS AND PRESENTATIONS 2. B, Office Of The Mayor Presentation Of A Proclamation In Honor Of Fire Fighter Appreciation Week, A Proclamation was presented in Honor of Fire Fighter Appreciation Week. Winter Springs Fire Department Members - Battalion Chief David Myers, Lieutenant David Tryon, Firefighter/Apparatus Operator Tom Grey, and Firefighter/Rescue Technician Mark Laverty accepted the Proclamation. Deputy Mayor Robert S. Miller spoke about residents of Hacienda Village being pleased with the service of the City's Fire Fighters. PUBLIC INPUT Mr. Bob Rucci, 973 Turkey Hollow Circle, Winter Springs, Florida: spoke in support of the proposed Canine Unit Agenda Item; stated that he was checking on alternative properties for the Paw Park; and asked about the Lease documents. Commissioner Michael S. Blake arrived at 6:43 p.m. Mr. Mervin Warner, 673 Keuka Court, Winter Springs, Florida: as the President of the Tuscawilla Homeowner's Association, Mr. Warner noted the support for the Canine Unit. Ms. Loretta Ames, 150 3rd Street, Winter Springs, Florida: although not present, Mayor Bush stated, "Loretta Ames - she also wanted to speak in favor of the canine unit." Mr. Jim Bourg, 114 St. Johns Landing Drive, Winter Springs, Florida: commented about the proposed Boat Dock Ordinance and inquired as to when this issue might be discussed next? Mayor Bush said "We will give your name and address to the [City] Clerk and as soon as it is scheduled, we will let you know." Mr. Bourg stated, "Okay." Mr. Tom Brown, 717 Adidas Road, Winter Springs, Florida: representing the Planning and Zoning Board/Local Planning Agency, Mr. Brown spoke on Zoning concerns and suggested that the Planning and Zoning Board/Local Planning Agency have a Joint Workshop with the City Commission and the City Attorney. Ms. Helga Schwarz, 720 Galloway Court, Winter Springs, Florida: spoke on behalf of the Highlands Homeowner's Association on the proposed Dollar General store, and commented on continued concerns with traffic issues, and the construction of a wall. Ms. Schwarz also remarked about the Agenda Item related to the Labor Attorney. ~ ~ p Q>...'-E?J ~ ~ ~ ~: :D CITY OF WfNTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 25, 2003 PAGE 3 OF 27 Discussion. Mr. Bart Phillips, 7220 Lake Flay Circle, Orlando, Florida: commented on the Elementary School being constructed on State Road 419 and fencing options. With brief discussion on another Agenda Change, Mayor Bush noted that regarding Regular Agenda Item "F" - "We will pull that Item offthe Agenda." Commissioner Edward Martinez, Jr. then read a personal statement into the record related to harassment. .:. .:. AGENDA NOTE: THE FOLLOWING CONSENT AGENDA ITEMS WERE DISCUSSED, BUT NOT NECESSARIL Y IN THE ORDER AS DOCUMENTED, .:. .:. CONSENT CONSENT 3. A, Public Works Department Requesting Authorization To Enter Into A Contractual Agreement For Construction Of Fisher Road Roadway Improvements, CONSENT 4. B. Office Of The City Mayor Resolution Number 2003-37 - A Resolution Of The City Of Winter Springs, Florida, Expressing Appreciation To Paul Krebs For His Service On The Oak Forest Wall And Beautification District Advisory Committee, CONSENT 5. C. Office Of The City Clerk Approval Of The August 11, 2003 City Commission Regular Meeting Minutes. Deputy Mayor Miller stated that regarding the discussion during the City Commission Meeting of August 11, 2003, related to the requested Variance for the proposed Gas Station - "At the intersection of Hayes Road and [State Road] 434, during the presentation, both the owner of the station and his Attorney - stood up here and handed us a petition which informed us it was sixty (60) names of people who supported this. This is a correction to the Minutes - I have since looked at this Petition and I just wanted to point out to the Commission that I don't think the Petition has any standing at all because in fact, what happened was somebody wrote down the street names and the people who lived at those addresses - in the new Parkstone subdivision. ~ ~ Ir\BJ ~ ~ C~~ ~ (t J CITY OF WINTER SPRfNGS MINUTES CITY COMMISSION REGULAR MEETfNG - AUGUST 25, 2003 PAGE 4 OF 27 None of them are signed. Somebody just put 'Name, Address, Winter Springs, Zip Code' - and he said there were sixty (60), and there is only thirty-six (36), but this is not a signed petition, so I just wanted the Commission to know that if this is part of the reason that they supported this, that I don't consider this an appropriate way to convince us that there is public support." Deputy Mayor Miller added, "I just wanted to point that out to the Commission, it is a correction of the Record, the Petition which was handed in, has no standing." CONSENT 6. D, Office Of The City Attorney Approve Settlement In The Amount Of $2,500.00 In Timothy Thomas v, City Of Winter Springs, CONSENT 7. E. Community Development Department Requesting Commission Approval And Acceptance Of The Naming Of Three Streets Beginning With The East State Road 434 Entrance Into Winter Springs High School And Central Windls Park, With discussion on the proposed street names, Deputy Mayor Miller stated, "I thought the City might want to review this - and call it Central Winds Park - that little cut-in and then leave the rest of that roadway called Central Winds Park." Commissioner Sally McGinnis said, "I concur." Deputy Mayor Miller added, "I would like to see it pulled off and come back - if we all concur." Commissioner McLeod stated, "You can probably get consensus from the Commission to move it forward this evening, as the Commissioner has requested. I agree with the Commissioner." Further discussion. Tape I1Side 8 Discussion. Commissioner Blake stated, "If you turn off of [State Road] 434 here, and if we name that portion of the pavement the same as that portion of the pavement, you literally have to go to a stop sign and turn left at an intersection, which essentially is a four (4) way intersection, to stay on a road that is named the same. Would this portion of the road down here, be named after the park as well? It becomes problematic I think and you are confusing people [If one were to say] - 'I am at the intersection of a road, and the same road... ", ~ ~ 'I2J ~ .~....-:'1 e-'~2.J .~ .~ ~ E iJ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 25, 2003 PAGE 5 OF 27 Commissioner McLeod suggested, "The easier answer to it is to the call the little section Winter Springs Park Road. When you get to the end of it, which is a hundred yards, then you go into Central Winds Parkway." Commissioner McLeod then said that the Winter Springs High School Road name is too long, and preferred "Learning Tree Drive." Mayor Bush then said, "Commissioners, would you like the Staff to rework this and bring it back at the next Meeting?" Commissioner McLeod stated, "Yes." Commissioner McGinnis said, "Yes." Commissioner McLeod then spoke about Hickory Grove Drive and Blumberg Boulevard. Mayor Bush then said, "For right now, Consent Item 'E' has been pulled off and will be brought back by Staff with some of these comments made; and maybe before the next Meeting, some of the Commissioners could also meet with the Manager - so we can decide on it the next time around." "MOTION TO APPROVE THE CONSENT AGENDA, EXCLUDING ITEM 'E,' WHICH IS TO BE BROUGHT BACK," MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER McGINNIS, DISCUSSION. Commissioner McLeod stated, "In the Motion I did make to approve the [Gas] Station, it had no bearing on that petition." VOTE: COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED, INFORMATIONAL INFORMATIONAL 8. A, Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. Discussion. ~ ~~ ~BJ ~1 ~ CS;;:~ ~ ~ ;J CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 25, 2003 PAGE 6 OF 27 INFORMATIONAL 9. B, Parks And Recreation Department Would Like To Inform The City Commission Of The Status Of The Brick Wall Project At Moss Park, With brief discussion, Deputy Mayor Miller said, "I will get with Staff later on this." INFORMATIONAL 10. C. Public Works DelPartment Recommends The Removal Of Trees Located At City Hall That Are Currently A Maintenance Problem Due To Health And Location, Discussion ensued with Mr. Michael Mingea, City Forester/Environmental Inspector, Community Development Department. Deputy Mayor Miller noted that no illustrations were shown regarding the back of the building. With discussion, Deputy Mayor Miller added, "I would like to have this brought back - and just give us a more definitive identification of where the trees are, what you plan to do with them, so that we will understand what is going to happen." Furthermore, Deputy Mayor Miller said, "I think it would be appropriate to bring back the item, show us where the trees are on a graphic and what has to be done, and why they can't be trimmed and that kind of thing." Commissioner Blake suggested, "As we bring this back - I would just like to be absolutely certain that we make decisions as to how we take trees down around City Hall, the same way we make decisions about allowing or issuing permits for homeowners or citizens or business owners, when they need to take trees down." Mayor Bush then said, "Informational 10. C. then will be pulled." INFORMATIONAL 11. D, Utility Department Advising The City Commission Of The Proposal to Acquire the Tuskawilla Trails Mobile Home Park Water Distribution System, Brief discussion "I WILL MAKE A MOTION THAT WE APPROVE THE INFORMATIONAL [AGENDA] - WITH THE EXCEPTION OF THAT ITEM, WHICH WILL BE BROUGHT BACK," MOTION BY DEPUTY MAYOR MILLER. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION, ~ ~ ~SJ ~J c;'ci8J C2d ~-?2 ~...~~ ~ ~ -dJ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 25, 2003 PAGE 7 OF 27 VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR MILLER: AYE MOTION CARRIED. PUBLIC HEARINGS PUBLIC HEARINGS 12, A, Finance Department Requesting The City Commission Hold A Public Hearing On The Non-Ad Valorem Tax Assessment For StreetIighting Within The Country Club Village Subdivision And Provide Directions As Deemed Appropriate. Commissioner Blake left the dais at 7:33 p.m. Mayor Bush opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. "MOTION TO APPROVE ITEM 'A,'" MOTION BY COMMISSIONER MARTINEZ. SECONDED BY DEPUTY MAYOR MILLER. DISCUSSION, VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE DEPUTY MAYOR MILLER: AYE Commissioner Blake returned to the dais at 7:34 p.m. COMMISSIONER BLAKE: AYE MOTION CARRIED, PUBLIC HEARINGS B. Not Used. ~ [J~ l.~ l~~ \-}.J.J--~ ~'"'\6J C:s~ r;':6'c?J d?'~ ~ l--.c...~ [~. lE-== :.iJ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 25,2003 PAGE 8 OF 27 PUBLIC HEARINGS 13, C. Office Of The City Attorney Requesting The City Commission Adopt Ordinance 2003-33 Relating To The Creation Of A Local Public Nuisance Abatement Board, In Accordance With Chapter 893, Florida Statutes, Mayor Bush stated, "Could I have a Motion to read by 'Title' only?" "SO MOVED," MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE DEPUTY MAYOR MILlLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED, Attorney Garganese read the Ordinance by "Title" only. Mayor Bush opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. Discussion. Commissioner Martinez asked Attorney Garganese, "Are you or anyone else going to train the Code Enforcement Board on assuming these responsibilities?" Attorney Garganese responded, "Of course, yes." "MOTION TO APPROVE ITEM 'c.'" MOTION BY DEPUTY MAYOR MILLER. SECONDED BY COMMISSIONER MARTINEZ, DISCUSSION. COMMISSIONER BLAKE SUGGESTED, "COULD WE HAVE A MOTION TO MOVE THIS ON TO A SECOND READING FOR ADOPTION, BECAUSE THE ITEM REALLY SUGGESTS THAT THIS IS AN ADOPTION HEARING?" "I WILL AMEND MY MOTION - TO MOVE THIS TO A SECOND READING." AMENDMENT TO THE MOTION BY DEPUTY MAYOR MILLER. SECONDED BY COMMISSIONER MARTINEZ, DISCUSSION. ~ ~ '" ::;:::::r:::fl '\!;!;e ~ ~BJ .,:~ :':.:~ .- ~.,~~ iJ CITY OF WfNTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 25, 2003 PAGE 9 OF 27 VOTE: (ON THE AMENDMENT) DEPUTY MAYOR MILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED, VOTE: (ON THE MOTION, AS AMENDED) COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR MILLER: AYE MOTION CARRIED, PUBLIC HEARINGS 14. D, Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For Second Reading And Adoption Of Ordinance 2003-25, Rezoning Of Seven (7) Parcels Along State Road 434 From "R-1" To "C-l." Attorney Garganese read the Ordinance by "Title" only. Ms. Sahlstrom spoke on this Agenda Item. Mayor Bush 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 BY COMMISSIONER BLAKE, DISCUSSION, VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. ~::;~ ~ ~C'- 'lt2J ~J "s~31 ':G~ . ~Ec:::3 ~ t iJ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 25, 2003 PAGE 10 OF 27 PUBLIC HEARINGS 15, E. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For First Reading Of Ordinance 2003-28, Rezoning Seven (7) Parcels Along Belle Avenue From "C-2" To "I-I." Mayor Bush asked, "Can we have a Motion to read by 'Title' only." "SO MOVED," MOTION BY COMMISSIONER MARTINEZ, SECONDED, DISCUSSION. VOTE: COMMISSIONER McGJINNIS: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED, Attorney Garganese read the Ordinance by "Title" only. Mayor Bush opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. Commissioner Blake spoke of the parcels in question, and said, "I would also recommend that when we advertise this Ordinance, that we make sure it is clear." Discussion ensued on who will pay for items coming back. Commissioner Blake then said, "My only concern is to make sure that the Land Owner understands that there is going to be a cost involved in going forward, because they are not part of this Rezoning effort, and that they are not surprised by that cost." Ms. Sahlstrom stated, "I can make that clear to them." Discussion. "AS THIS IS ADMINISTRATIVE IN NATURE, I AM GOING TO ASK THAT WE TABLE THIS ITEM FOR TWO (2) WEEKS, TO ALLOW STAFF TO HAVE FURTHER DISCUSSIONS WITH THE OWNER OF THAT PARCEL. IT SEEMS TO ME FROM EVERYTHING THAT I HAVE HEARD THAT THAT OWNER PROBABLY OUGHT TO WANT TO BE PART OF THIS ADMINISTRATIVE REZONING, AND GO TO I-I." MOTION BY COMMISSIONER BLAKE, SECONDED BY COMMISSIONER McLEOD, DISCUSSION, ~ B::.-==:::::::;J I~ ~ ~SJ ~ ~ <S:~ ~ G:: j CITY OF WINTER SPRlNGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 25, 2003 PAGE II OF27 VOTE: DEPUTY MAYOR MILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED, PUBLIC HEARINGS 16, F, Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For First Reading Of Ordinance 2003-29, Rezoning Thirty-One (31) Parcels Generally Located Along State Road 419 And Old Sanford Oviedo Road From "C-2" To "I-I." Mayor Bush stated, "This is the Agenda Item Eloise [Sahlstrom] addressed - about the difference in the way it was advertised and what you are seeing tonight." Mayor Bush then asked for a "Motion to read by 'Title' only." "SO MOVED." MOTION BY COMMISSIONER BLAKE, SECONDED, DISCUSSION, VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" only. Ms. Sahlstrom presented this Agenda Item for consideration. Discussion. Tape 2/Side A Further discussion. Deputy Mayor Miller spoke of "Eighteen-wheelers" and said, "I would like to make sure that as we go forward with this, that we are not automatically excluding those types of vehicles from parking there." ~~~ ~~ kr'""re (F.2...c'::'~ ,,'--oF". J '''''''.\.t:' . ~1 r.}='-c..::1 G~.....:.-r:) '.':'~D ~~--~- c,::;;~ i.~ .'.><==::::::1 :~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 25, 2003 PAGE 12 OF 27 With discussion, Attorney Garganese stated, "Under the new Industrial Zoning District that this Commission adopted, automotive storage and other kinds of storage yards of non-hazardous materials are permitted." Deputy Mayor Miller then said, "So that would take care of 'Eighteen-wheelers' being able to park on their premises." City Manager Ronald W. McLemore pointed out that "General Contractors is a typical use of 'Light Industrial,' and I think all we are talking about is some clarifying language - and text changes; and I think all the Commission needs to go on record tonight requesting that text change, and bring it back." With further discussion, Manager McLemore added, "I think it is almost a form of a Scrivener's error, that it is not in there. " Mayor Bush opened the "Public Input" portion of this Agenda Item. Mr. Frank Pruitt, 501 Wade Street, Winter Springs, Florida: spoke briefly on this Agenda Item. Mr. Jimmy Fortner, 1203 Florida Avenue, St. Cloud, Florida: as the owner of Master Construction that owns the property at 215 Old Sanford-Oviedo Road, Mr. Fortner asked for "Clarity on the language to allow heavy equipment." Deputy Mayor Miller said to Attorney Garganese, "Bulldozers and scrapers and those heavy dump trucks, is that also included in our verbiage which you referred to earlier, along with eighteen-wheelers?" Deputy Mayor Miller added, "I just want to make sure we don't get caught later on with heavy bulldozers not considered in this area, so therefore it has to be removed." Attorney Garganese then said, "We are going to come back with another Ordinance just to clarify that specific use." Mr. Bart Phillips, 7220 Lake Floy Circle, Orlando, Florida: addressed the City Commission and spoke of three (3) parcels of property which he owns and said that '''C- 2' should be allowed in the Industrial Zone." Manager McLemore spoke to Mr. Phillips about the "Area under the power lines - if that is to be included in 'Light Industrial' for uses - I do not think a tree line is sufficient for a buffer for the people who live across the street for that." Mr. Phillips then said, "So the fence line is okay for the school zone?" Manager McLemore responded, "I would agree with you on that point." Mr. Phillips then said, "That is a pretty heavy tree line, and I would be more than glad to put up a fence." Manager McLemore said, "I am talking more of a brick type fence that gives some real buffer between the single family residences that live across the street from you, and an industrial area." Manager McLemore added, "If we are going to extend 'Light Industrial' uses into that area, I think the Commission needs to take additional action to buffer that area from the people who are around it, which are basically single family users." c:==:8 ~~ ~_::J c c_~ R5<;'!:J b~=;\-;:~:2J \"'--.<1 :~t.2J ........~.--:(1 ~~~,.J S~ ,-r;:"T<J ~] ~ ::J CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 25, 2003 PAGE 13 OF 27 Discussion ensued regarding the Zoning and whether Mr. Phillips was in violation of the permitted use. Ms. Helga Schwarz, 720 Galloway Court, Winter Springs, Florida: commented on what was included in the related Ordinance. Mr. Vincent Contestible, 200 Old Sanford-Oviedo Road, Winter Springs, Florida: spoke of the size of machines on his property; related Zoning concerns; and what defines "Light Industrial" and "Heavy Industrial" Permitted Uses in relation to his property. Discussion ensued on what is included in "Heavy Industrial." Attorney Garganese said, "I don't know the answer to his question whether or not this use would actually fit in one of the permitted uses in 'I-I. ", Deputy Mayor Miller then said, "I think this Commission would probably like - to have that information before we - at least I would - before we move on this Ordinance." Commissioner McLeod said to Attorney Garganese, "So, anybody that is there, will continue to be able to operate there, and they would be grandfathered in at this time, correct?" Attorney Garganese responded, "They may already fall into one of the Permitted Uses." Commissioner McLeod then said, "But if they don't..." Attorney Garganese added, "If they don't, Non-Conforming." Commissioner McLeod stated, "It would be Non-Conforming, but they would be grandfathered Non-Conforming at this time?" Attorney Garganese responded, "Correct." Furthermore, Commissioner McLeod said, "I just want to make sure that no one had to move out of that Industrial Park, going down the road, with an existing business." The "Public Input" portion of this Agenda Item was closed. MOTION "TO MOVE ORDINANCE 2003-29 TO A SECOND READING." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MAJRTINEZ: AYE DEPUTY MAYOR MILLER: AYE MOTION CARRIED. "I WOULD LIKE TO MAKE A MOTION THAT WE DIRECT STAFF TO BRING BACK TO US A CORRECTIVE ORDINANCE FOR THE '1-1' ZONING DISTRICT THAT WILL ADDRESS THE ISSUES DISCUSSED THIS EVENING." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. ~L__~ ~..J ,,;~ ~ "'~.~-'<. .--1 V'--'19 e=-:cJl G.2~) ~.:3) ~ (t:-~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 25, 2003 PAGE 14 OF 27 VOTE: COMMISSIONER McGINNIS: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. PUBLIC HEARINGS 17. G. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For First Reading Of Ordinance 2003-31 Adopting A Small Scale FLUM Amendment Changing The Future Land Use Map Designation Of One (1) Parcel Located At 901 State Road 434 (Corner Of Belle Avenue) From "Industrial" To "Commercial." Mayor Bush asked for a "Motion to read by 'Title' only." "SO MOVED." MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR MILLER. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" only. Mayor Bush opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. Brief discussion. "MOTION TO MOVE ORDINANCE 2003-31 TO A SECOND READING." MOTION BY COMMISSIONER BLAKE. SECONDED. DISCUSSION. ~ ~ l!l:""'----=-<:l ~ ~~"2J ~) ~bJ C2!-"'- ~~2) ~ ct ;J CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 25, 2003 PAGE 15 OF 27 VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. .:. .:. AGENDA NOTE: THE FOLLOWING TWO (2) REGULAR AGENDA ITEMS WERE DISCUSSED IN THE ORDER AS DOCUMENTED, FOLLOWED BY THE REST OF THE AGENDA. .:..:. REGULAR REGULAR 25. H. Community Development Department - Arborist Recommends The City Commission Consider The Request Of Mr. Uwe Pagenkopf To Remove 1 Specimen Long-Leaf Pine Tree, Approximately 21 Inches In Diameter, From The West Side Of The Lot, In Order To Protect The Home Structure. Ms. Danielle Pagenkopf, 200 Chestnut Ridge Street, Winter Springs, Florida; addressed the City Commission on this Request. Discussion. "I WOULD LIKE TO MAKE A MOTION THAT WE DO APPROVE THE REMOVAL IF THE TREE AS ILLUSTRATED IN ITEM 'H.'" MOTION BY COMMISSIONER McLEOD." MOTION DIED FOR LACK OF A SECOND. Tape 2/Side B Further discussion. "I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE THIS REQUEST." MOTION BY DEPUTY MAYOR MILLER. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. s ~ ~-::-::J ~dl v-:J) c-'"4:~ ~2J ~ c:.,:::;-;:-<J ~1 L~~.;2J ~~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 25, 2003 PAGE 160F27 VOTE: DEPUTY MAYOR MILLER: AYE COMMISSIONER BLAKE: NAY COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MARTINEZ: NAY MOTION CARRIED. REGULAR 26. I. Police Department Requesting Commission Approval And Acceptance Of A Donation From Tuscawilla Home Owners Association In The Amount Of $5,000.00 To Purchase A Full Service Canine And Ballistic Vest. Chief of Police Daniel J. Kerr addressed the City Commission on this Agenda Item. Discussion. Commissioner McGinnis said, "I applaud the Tuscawilla HOA [Homeowner's Association] for making this donation. I think it sets a very high standard for HOA's [Homeowner's Associations] in Winter Springs - thank you." "I MAKE A MOTION THAT WE APPROVE." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. COMMISSIONER McLEOD STATED, "I WOULD ALSO LIKE TO SAY THANKS TO THE HOMEOWNER'S ASSOCIATION OF TUSCA WILLA." VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. Mayor Bush called a Break at 9:05 p.m. The Meeting reconvened at 9:16 p.m. ~ --~ i.>.'~ ~~.~ ~----.~ f."';:.~3iJ fY:~"'.Sl '~...:.o-:,J' ,,=,- '-c:l ~.~;(~J D-~2J- (~::~"'~ ..t::...----.. ~~ ~ G: J CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 25, 2003 PAGE 17 OF 27 REGULAR 18. A. Community Development Department Presents A Variance Request By Stephen McCallister From Sections 6-2. And 6-84. Of The City Code Of Ordinances. Mr. John Baker, AICP, Senior Planner, Community Development Department spoke on this Agenda Item with the City Commission. Mr. Stephen McAllister, 653 Silvercreek Drive, Winter Springs, Florida: addressed the City Commission on his request for a Variance. Discussion. "I WOULD LIKE TO MAKE A MOTION THAT WE DENY THE VARIANCE AS IT DOES NOT MEET THE SIX (6) VARIANCE REQUIREMENTS." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR MILLER: AYE MOTION CARRIED. REGULAR 19. B. Community Development Department Presents To The City Commission, The Final Engineering/Site Plan For The Dollar General Store With The Removal Of 4 Healthy Specimen Trees. Mr. Baker introduced this Agenda Item. Commissioner Blake asked as to where were the Site Plans. "I WOULD LIKE TO MAKE A MOTION THAT WE TABLE THIS UNTIL THE NEXT MEETING." MOTION BY DEPUTY MAYOR MILLER. MOTION DIED FOR LACK OF A SECOND. Commissioner McGinnis stated, "I have met with the HOA [Homeowner's Association] adjacent to this. They also would like to have a brick wall, but they would like to have in writing that whatever the wall is, that it would be steam-cleaned, pressure-cleaned annually - walls tend to get mildewed." Ms. Sahlstrom handed out Site Plans to those on the dais. ~ I~ :e::::- t,::::~'2J 0==:;81 ~~-& ~._...:/.J ~--~ ~ ~ ~ J CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 25, 2003 PAGE 18 OF 27 Discussion. Tape 3/Side A Mr. Dennis Wood, 1925 Bartow Road, Lakeland, Florida: as the Site Engineer for this project, Mr. Wood addressed the City Commission on maintenance concerns and stated, "If a condition of approval is that some kind of maintenance responsibility, pressure- washing the walls or something like that, I don't think there would be any concern about that. They may have every intent to do that and be a good neighbor, etceteras." Deputy Mayor Miller stated, "You have assured us that this is going to be not the typical store, but there are no Artists' renderings that would allow me to at least make an analysis that it is going to fit in the neighborhood." Furthermore, Deputy Mayor Miller said, "I would like to see all these details from the Staff." Discussion ensued with Mr. Wood on the proposed building components. Deputy Mayor Miller added, "Until I personally understand all the facets of this thing, and get a chance to comment on it - see if we can't work out additional details - regarding the type of wall, regarding what the front looks like." Commissioner McGinnis stated, "I was hoping we would see an Artist's rendering of what it is going to look like, because all I can envision now is a block building, which I hope it is not just a concrete block building. So, I think we need details. I agree." Discussion ensued on a rendering shown to the City Commission. Commissioner McGinnis stated, "That looks pretty much like a storage building to me. It does not look like a commerce building, there are no windows on the side. I am just disappointed that it does not have some style to it." Discussion followed on proposed landscaping and architectural features. Commissioner Blake said, "This is the first time that I have seen any rendering at all as to what this building would look like and I would quite frankly tend to agree with Commissioner McGinnis that it is just pretty much a rectangular box; and while some of the materials may be an upgrade for what your folks tend to use, I think that is an excellent start, but if there were a way to fix the roofline, and add some architectural value to the roofline, which doesn't necessarily mean to go two (2) stories, but I think if there was something other than what looks like a warehouse or a shed - something that would give it a better chance of blending in with the predominantly residential character of the area of which you propose to build it - I think it would probably go a long way for you." ~ c-~"5-\ ~ ~ 11 "0 C>-~ ~8J cS:2> ~~ ~~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 25, 2003 PAGE 19 OF 27 Discussion followed on the structure of the proposed building and features. In discussing this with Mr. Wood, Commissioner McLeod pointed out that "You have a metal column building with block infill. Ron [McLemore], this is far from what we are looking for on [State Road] 434." Furthermore, Commissioner McLeod said, "I realize it is nothing more than a Butler@ Building with block - is what you are looking at Ron [McLemore], unless you can bring us architectural drawings showing something different, even your overhangs are all metal overhangs. I would suggest that we Table this until we have some more detailed drawings, as far as the structure of this building. That building is nothing at all of what I expect to see on [State Road] 434." With further discussion, Commissioner McGinnis also suggested this Agenda Item be Tabled. Commissioner McLeod said to Mr. Wood, "You need an architectural rendering submitted to Mr. McLemore that will have some credence to get through the review." Furthermore, Commissioner McLeod said to Mr. Wood, "I would direct you to go directly to Mr. McLemore - and get it to him. He will decide whether or not he thinks it needs to go to his Staff. If it doesn't get past him, there is no need to take it to Staff. And then once he does that, then he will bring it to us." Manager McLemore stated, "I think I understand what you want. You want a quality building..." Commissioner McGinnis added, "... With some architecturaL.." Manager McLemore then said, "... With some relief, and some architectural details." With additional discussion on whether the Site Plan can be approved, Commissioner McLeod stated, "As long as Dollar General understands the approval of the Site Plan does not necessarily mean that this building is going on it." "I MAKE A MOTION THAT AT THIS TIME WE TABLE THIS UNTIL WHICH TIME WE DO SEE A RENDERING COMING BACK." MOTION BY COMMISSIONER McLEOD. SECONDED. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. G,:-' :J ....":-.:-;.O&---::O'~ ~l1f~ ~-:-:JJ l0-:'~ k. :::'1 lv-, "" ~~"~:l l"-'~-:',.:~ '.r ~.,~~.;) F~,i~~~ (f~'?:> ~~ ~ dJ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 25, 2003 PAGE 20 OF 27 REGULAR 20. C. Community Development Department Presents A Request By JDC Calhoun To Amend The Lighting Plan For The JDC Calhoun Town Center Site. Mr. Baker introduced this proposal. Commissioner Blake said, "Basically we are memorializing the plan that we already agreed on - both sides to do - previously, with the additional language about that potential spillover in those couple of areas." "MOTION TO APPROVE." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. REGULAR 21. D. Office Of The City Manager/Office Of The City Clerk Requests The City Commission's Direction Regarding The Upcoming Performance Review For The City Clerk. "I WOULD APPRECIATE IT IF THE CLERK WOULD PROCEED AS SHE HAS THE LAST COUPLE OF YEARS AND PROVIDE US WITH A REPORT - WE CAN ACT UPON IT, ONCE WE REVIEW THAT." MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR MILLER. COMMISSIONER BLAKE ADDED, "FEWER THAN 100 PAGES THIS TIME PLEASE." DISCUSSION. MANAGER McLEMORE SAID, "IN THE PAST, I HAD BROUGHT FORWARD A PERFORMACE EVALUATION FOR YOU TO REVIEW. DO YOU WANT ME TO DO THAT?" COMMISSIONER McLEOD SAID, "WE WOULD PROBABLY LIKE YOUR INPUT, BUT OVERALL, WE WILL MAKE THE FINAL DECISION." COMMISSIONER BLAKE ADDED, "YES, THAT IS FINE." MAYOR BUSH SAID TO CITY CLERK, ANDREA LORENZO-LUACES - "YOU WILL GET WITH THE MANAGER." CITY CLERK LORENZO-LUACES STATED, "SURE." ~ ~. .::J (i.'lS~ ~~~ 1S;;o'-' ~0 D:=r.;.rSl ~e1 CZ';:"'~_..J ~) \.:t~:rl G~ ~~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 25, 2003 PAGE 21 OF 27 VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: AYE DEPUTYMAYORMILLER: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE FOLLOWING TWO (2) REGULAR AGENDA ITEMS WERE DISCUSSED IN THE ORDER AS DOCUMENTED, FOLLOWED BY THE REST OF THE AGENDA. .:..:. REGULAR REGULAR 23. F. Office Of The City Manager Requesting Commission Remove From The Table And Consider The City Labor Attorney's Request For Increase In Fees. Mayor Bush stated, "'23. F.' has been pulled at the request of the Manager" - as stated earlier in the Meeting. REGULAR 22. E. Office Of The City Clerk Requests That The City Commission Remove From The Table And Then Approve An Appointment To Replace Mr. Roy Prince Who Prior To His Recent Resignation Has Served As The City Of Winter Springs' Alternate To The South Seminole And North Orange County Wastewater Transmission Authority. No action was taken during this Meeting. REGULAR 24. G. Community Development Department Requests That The Commission Approve The Final Subdivision Plat And Homeowner Documents For Heritage Park And Authorize Their Recordation, Subject To Conditions. This Agenda Item was introduced by Mr. Baker, who said, "Staff recommends approval subject to the Applicant reimbursing the City $800.00 for the City's Surveying Consultants Fee." ~ ~"3J cC:~-::J ~~J I-it'::- ~.:::1. ~'\c::u ~~ D::=-'::::::J c::;:~?) ~ C'-'~ ~ ~ J CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 25,2003 PAGE 22 OF 27 Furthermore, Mr. Baker stated, "There was one request that Staff had made of the Applicants' Surveyor that we want to have put on there, so that it is very clear that there is an Easement from [State Road] 434 into the commercial property and that the folks in Heritage Park understand that the commercial property has the right to have their customers come in through there. The same company did the survey for Wagner's Curve, the Plat, the Replat and now for this, so we are requesting that this area - that you see here on the Wagner's Curve Replat - how it was nicely hatched in, it says Ingress/Egress Easement, we requested that their Surveyor provide that same really noticeable hatching on this Plat and we would like to have that again, so there is no question in anybody's mind, that the folks at that 1.2 acre commercial area have the right to come in there. We have the Easement document - I have provided that to the Attorney, that they are going to pay for half of the maintenance up to wherever the gate structure is. So we just want to make sure that when the people buy in here, they know that these folks here have the right to have traffic coming in and out and where they have the right to use it - so we recommend approval subject to those conditions." Tape 3/Side B Discussion. Mr. Tom Daly, Daly Design Group, Inc., 861 West Morse Boulevard, Suite 125, Winter Park, Florida: addressed the City Commission's questions. Commissioner Martinez asked Manager McLemore, "Where do we stand in negotiations with reference to the trees?" Manager McLemore stated, "I am ready to bring you a settlement at the next Meeting." Further discussion. MOTION TO APPROVE. MOTION. SECONDED BY DEPUTY MAYOR MILLER. DISCUSSION VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: NAY COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR MILLER: AYE MOTION CARRIED. ~ O==i c--~ ~1?;::,""2:J ;r~ ~J ~c:::J1 ~:J ~ ~ ~ ~ :iJ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 25, 2003 PAGE 23 OF 27 REGULAR 27. J. Community Development Department Requests That The City Commission Schedule A Workshop Amending The City's Regulations Affecting Detached[ Accessory Structures And Buildings. "MOTION TO TABLE." MOTION BY COMMISSIONER BLAKE. MOTION DIED FOR LACK OF A SECOND. The City Commission discussed possible dates for this Workshop. With a proposed Meeting date of Monday, September 8, 2003, (prior to the Regular Meeting), Commissioner McGinnis stated, "Good." Deputy Mayor Miller stated, "Good." Mayor Bush summarized that the consensus for this Workshop was for "5:00 p.m. on September 8th," 2003. REPORTS REPORTS 28. A. Office Of The City Attorney - Anthony A. Garganese, Esquire Attorney Garganese informed the City Commission that "Seminole County and the City of Oviedo did not appeal the decision of the Circuit Court on the Annexation." Next, Attorney Garganese stated that "Regarding 'Binford v. the City of Winter Springs, ' we got an Order today from Judge Simmons ruling in the City's favor." REPORTS 29. B. Office Of The City Manager - Ronald W. McLemore Manager McLemore said that while on a recent vacation, he took numerous photographs of Town Center Developments. Secondly, Manager McLemore asked when the City Commission wanted to have a Workshop on Boat Docks and on Permitted Uses. Manager McLemore suggested, "Do you want me to put that in the form of an Agenda [Item] and bring it back to you at the next Meeting?" Deputy Mayor Miller stated, "Yes." With further discussion on a possible date for a Workshop on Boat Docks, it was agreed that this Workshop would be held on Monday, September 15th, 2003 - beginning at 6:00 p.m. As for a Workshop on Permitted Uses, Mayor Bush suggested "Bring it back as an Agenda Item." Manager McLemore stated, "Okay." ~d ~ gs-rLSJ I r:;"':~;/l l..r-I.~..J c:=.~(=5.J Err'.:'-;:51 ~~,~J ~.2) c:~ ~ ~ J CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 25,2003 PAGE 24 OF 27 Commissioner McLeod added, "If we do not complete our Workshop on the 8th, on the [Accessory] Buildings, can we carry that to the 15th also?" Commissioner McGinnis stated, "Sure." Mayor Bush agreed and said, "I think that would be a good idea." Commissioner McLeod added, "To complete that, and then go into the Boat Docks?" Mayor Bush said, "Does everybody agree to that that if we run out of time, on the 8t\ we will move that to the 15th as well?" Commissioner McGinnis said, "Good." Mayor Bush summarized the consensus as, "Everybody is in agreement on that." REPORTS 30. C. Office Of The City Clerk - Andrea Lorenzo-Luaces No Report. REPORTS 31. D. Commission Seat Five - David W. McLeod Commissioner McLeod inquired about the status of Nature's Way. Discussion. REPORTS 32. E. Commission Seat OnelDeputy Mayor - Robert S. Miller Deputy Mayor Miller spoke of "Some problems in certain areas of the City in the past, and some of them are still going on today, regarding the number of people living in a residential house, in a property zoned 'Residential,' 'Single-Family.'" Deputy Mayor Miller added, "I would like the City Attorney or City Staff - to look at what other cities around us are doing, maybe even State-wide." With further discussion, Deputy Mayor Miller then said, "I would like the City Staff or the Attorney to bring this back so we can do the minimal type approach, as opposed to the maximum." With discussion, Deputy Mayor Miller was asked when he would like this information and responded, "As soon as possible." Attorney Garganese suggested, "Why don't I just put together an Informational Item for you or an Agenda Item explaining the legal issues." Mayor Bush then asked Deputy Mayor Miller, "Does that answer your request Commissioner Miller?" Deputy Mayor Miller responded, "That will do." REPORTS 33. F. Commission Seat Two - Michael S. Blake Commissioner Blake stated, "20-357." ~ (:;7=.8 u~ :-...i: ~ F'-7~~ " co.,-.,.,fJ l.J : "-~() 1>,'::j"3-'1 C2'~:;) G;~ ~ ~ C?: iJ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 25, 2003 PAGE 25 OF 27 Secondly, Commissioner Blake spoke about the length of time remaining on the "Trash contract," and inquired, "Are we getting as many complaints here at the City, as I get on the service?" Commissioner Blake then said, "I think it is time for us to start looking." Commissioner McGinnis added, "I agree." Discussion. Mayor Bush stated, "Kip [Lockcuff, Public WorksfUtility Department Director], is there anyway you can summarize the complaints, or do you already do that - telephone calls from citizens? And ifso, maybe you could share that with the Commission." Mr. Lockcuffsuggested an "Informational Agenda Item." Thirdly, Commissioner Blake stated, "I understand that the County would like for us to enter into an Agreement to utilize their landfill?" Commissioner Blake then asked, "Where do we stand with that? Is that something that is going to come before us?" REPORTS 34. G. Commission Seat Three - Edward Martinez, Jr. In regards to the problem with the number of people in a residence, Commissioner Martinez noted that he was not in favor of this. Commissioner Martinez commented on a recent donation to the Missing Children's Center, from the City of Winter Springs. Discussion. REPORTS 35. H. Commission Seat Four - Sally McGinnis Commissioner McGinnis also spoke of a recent donation to the Missing Children's Center. With discussion on the policy, Commissioner McGinnis stated, "Maybe it is time to revisit that." Deputy Mayor Miller stated, "If it is a one $500.00 contribution that is involved right now, so far - and that was what Mayor [Paul P.] Partyka did - I would like to know." Mayor Bush suggested, "Maybe you need to make this an Agenda Item and the Commission needs to decide." With discussion, Commissioner McLeod remarked that "Maybe the guidelines need to come back to us to look at." Manager McLemore stated, "We'll bring it back." REPORTS 36. I. Office Of The Mayor - John F. Bush Mayor Bush commented on employees parking in the closest parking spaces at City Hall and said that the Mayor and Commission's parking spaces "Should be reserved the nights of Commission Meetings and Special Meetings, but to keep those spots, all six (6) of them, during the day, is wrong." Discussion. ~~ ~ RL~ !~;';Jl '-:;,.-.,--<?l Ll'-l~-)) g2~ ~~ c:::-.--.:::9 ~l ~2J C::. :J CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 25, 2003 PAGE 26 OF 27 Next, Mayor Bush stated, "Today, Mr. McLemore and I reviewed the video that the City had done two (2) years ago, which of course is pretty much out of date, and we are going to get something together for the Commission to look at, in terms of possibly updating that." Mayor Bush added, "We're going to get a price on it, how much it would cost to update it, then we will bring it back." .:. .:. AGENDA NOTE: THE FOLLOWING ADDITIONAL REPORT WAS GIVEN NEXT. .:..:. REPORTS REPORTS 31. D. Commission Seat Five - David W. McLeod Commissioner McLeod brought up an issue discussed at the last Regular Meeting about a document announcing a Conference on Urban Development on September 11 th and 1 ih, and asked who was attending. Commissioner McLeod said to Manager McLemore, "On my behalf, I would like to tell you to go." .:..:. AGENDA NOTE: AN ADDITIONAL REPORT WAS GIVEN, AS DOCUMENTED. .:. .:. REPORTS REPORTS 36. I. Office Of The Mayor - John F. Bush Mayor Bush suggested that Members of the City Commission consider attending some of the events that they receive notice about, and mentioned two (2) specific events - Seminole County Public Schools' "100 Day Reception for the new Superintendent" and the "Arts Alive in Seminole" events. Mayor Bush added, "I am going to send this around, if you would like to go, you let the [ City] Clerk know, and we will take it out of the Mayor's Budget." .:. .:. AGENDA NOTE: THE LAST ADDITIONAL REPORT WAS GIVEN NEXT AS DOCUMENTED, PRIOR TO ADJOURNMENT. .:..:. REPORTS 51 - ---:::::- ;::J c: --==<J r~'7l " .,Jf" ""~.l '--v,:;?!' ~\~? Q~~ cE:~ .,-c::JC-::::'J ~~3J ~~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 25, 2003 PAGE 27 OF 27 REPORTS 31. D. Commission Seat Five - David W. McLeod With further discussion on the Urban Development Conference on September 11 th and lih, Mayor Bush said, "Is that something Ron [McLemore], you think some of the Commissioners should go to?" Deputy Mayor Miller then stated, "Here we are with the Town Center about a quarter built out, and I am really curious as to how other cities are drawing and attracting people - to their Town Center's, to their Urban Renewal projects - and I think at a Conference like that, you are probably going to meet many other people that are very heavy into that." Furthermore, Commissioner McLeod added, "I would like to know tomorrow, as to how this looks." ADJOURNMENT Mayor Bush adjourned the Meeting at 11: 15 p.m. RESPECTFULLY SUBMITTED: ANDREA LORENZO-LUACES, CMC CITY CLERK APPROVED: JOHN F. BUSH MAYOR NOTE: These Minutes were approved at the ,2003 Regular City Commission Meeting. cg ?~ ~--:.:J rc:::::-.-'l. ~,:)) ~';'::-'] (~:?-' r-~.-Cl L--- ':..:::>) Q2.,--,,, re:' 2) ~...~ ~ G=~