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HomeMy WebLinkAbout2003 10 13 Consent 202 Unapproved Minutes from September 22, 2003 City Commission Regular Meeting COMMISSION AGENDA ITEM 202 Consent X Informational Public Hearings Regular October 13,2003 Regular Meeting Mgr. / Dept. Authorization CONSENT 202. Office Of The City Clerk Requesting Approval Of The September 22, 2003 City Commission Regular Meeting Minutes. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING SEPTEMBER 22, 2003 CALL TO ORDER The Regular Meeting of Monday, September 22, 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, absent Commissioner Michael S. Blake, present Commissioner Edward Martinez, Jr., present Commissioner Sally McGinnis, present Commissioner David W. McLeod, present City Manager Ronald W. McLemore, arrived at 6:31 p.m. City Attorney Anthony A. Garganese, arrived at 6:32 p.m. City Manager Ronald W McLemore arrived at 6:31 p.m. A moment of silence was held, followed by the Pledge of Allegiance. Under Agenda Changes, Public Hearings 403 and 404 were discussed regarding being postponed. City Attorney Anthony A. Garganese arrived at 6:32 p.m. .:..:. AGENDA NOTE: THE FOLLOWING TWO (2) PUBLIC HEARING AGENDA ITEMS WERE DISCUSSED SIMULTANEOUSLY, AS DOCUMENTED, FOLLOWED BY THE REST OF THE AGENDA. .:..:. PUBLIC HEARINGS PUBLIC HEARINGS 403. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing FoJl" Second Reading/Adoption Of Ordinance 2003-08 Adopting A Small Scale FLUM Amendment Changing The Future Land Use Map Designation Of A 2.02 Acre Parcel, Located At 1281 Natures Way, From "Medium Residential" (Seminole County) To "Town Center" (City Of Winter Springs). ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 22, 2003 PAGE 2 OF 21 PUBLIC HEARINGS 404. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For Second Reading/Adoption Of Ordinance 2003-09 Rezoning A 2.02 Acre Parcel, Located At 1281 Natures Way, From (County) "A-I" To (City Of Winter Springs) "Town Center District". "I WOULD LIKE TO MAKE A MOTION WE POSTPONE - THE SECOND READING OF ORDINANCE 2003-08 AND 2003-09 UNTIL TH:E NEXT REGULARLY SCHEDULED COMMISSION MEETING WHICH IS OCTOBER 13TH, 2003." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MAJRTlNEZ: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS None. PUBLIC INPUT No one spoke. REPORTS REPORTS 600. Office Of The City Attorney - Anthony A. Garganese, Esquire No Report. REPORTS 601. Office Of The City Manager - Ronald W. McLemore No Report. ~ ~ .~ ~ ~ ~ ~ ~ ~ ~ ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 22, 2003 PAGE 3 OF 21 REPORTS 602. Office Of The City Clerk - Andrea Lorenzo-Luaces No Report. REPORTS 603. Office Of The Mayor - John F. Bush Mayor Bush asked Chief of Police Daniel J. Kerr about a comment from a citizen who had asked that we check on the speed of drivers along State Road 434. Mayor Bush asked, "Is there a policy on putting up a sign that says 'Speed limit strictly enforced?" Chief Kerr stated, "We can put it there if you would like us to." Mayor Bush added, "I want you to put on there." Manager McLemore asked if the City Commission agreed to this, and there were no objections. Next, Mayor Bush mentioned he received a letter from Starbrite Cleaners and added that he was going to meet with this party and "Then come back" to the City Commission. Mayor Bush then spoke of "Make a Difference Day" and asked if anyone knew about this. There were no other comments regarding this. Attorney Garganese was asked about the status of Colt Drive by Mayor Bush. Attorney Garganese stated, "The Deed is in their possession." Attorney Garganese added that the County was working on the "Environmental Remediation Plan." Next, Mayor Bush said to Manager McLemore, "I think that Finance was doing some kind of a Report that you were going to report back to the Commission on - on the Garbage Fee business. Do we have an estimated time on that one?" With discussion, Manager McLemore said, "I will file a Report with you at the next Meeting - also about the Franchise issue." REPORTS 604. Commission Seat One/Deputy Mayor - Robert S. Miller Absent. REPORTS 605. Commission Seat Two - Michael'S. Blake Commissioner Michael S. Blake asked about illegal Neon signs, especially in strip centers and mentioned the neon in a nail shop in the Kash n'Karry shopping center. Manager McLemore said, "I will need to check with Code Enforcement." Commissioner Blake added, "I would like to find just what we are doing about that." ~ ~ ~ ~ ~ ..~ ~ c::::d ~ ~..... ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 22, 2003 PAGE 4 OF 21 REPORTS 606. Commission Seat Three - Edward Martinez, Jr. Commissioner Edward Martinez, Jr. read an email dealing with "Common sense." REPORTS 607. Commission Seat Four - Sally McGinnis Commissioner Sally McGinnis suggested a meeting between the City of Oviedo and the City of Winter Springs. With discussion, Commissioner Blake asked that Mayor Bush contact Mayor Thomas G. Walters of Oviedo to help organize such a meeting. Commissioner McGinnis said, "All right, that is fine." Commissioner David W. McLeod also agreed that Mayor Bush should contact Mayor Walters of Oviedo. REPORTS 608. Commission Seat Five - David W. McLeod Commissioner McLeod commented positively on the recent Urban Development Conference that he attended in Reston, Virginia. . .:. .:. AGENDA NOTE: THE FOLLOWING REPORT WAS ADITIONALL Y GIVEN, AS DOCUMENTED. .:..:. REPORTS REPORTS 606. Commission Seat Three - Edward Martinez, Jr. Commissioner Martinez commented on the recent ratification of the Firefighter's Union Contract and wished the City's Firefighters Union "Good luck." PUBLIC HEARINGS (pART I) PUBLIC HEARINGS -- --400. Oftlce- or The CItY Man-ager Requesting That The City Commission Hold A Public Hearing Relative To The Approval Of Resolution Number 2003-35, Which Establishes The Final Operating Millage Rate For Fiscal Year 2003-2004 For The City Of Winter Springs At 4.4196 Which Is 12.28% Above The Rolled-Back Rate Of 3.9362 And The Final Voted Debt Service Millage Rate For Fiscal Year 2003-2004 For The City Of Winter Springs At .2500. ~ ~ ~ ~ ~ ~ ~~ ~ ~ ~ ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 22, 2003 PAGE 5 OF 21 Mayor Bush opened the "Public Input" portion of this Agenda Item. Mr. Medford McCoy, 114 Brookshire Court, Winter Springs, Florida: suggested that the Millage be set at 4.15 or less. The "Public Input" portion of this Agenda Item was closed. Discussion. "THAT WOULD BE MY MOTION TO ADOPT FINALING 4.2086 MILS EQUALING A 6.92 PERCENT INCREASE FROM THE ROLLED-BACK RATE AND INSERTING THOSE NUMBERS INTO THE RESOLUTION." MOTION BY COMMISSIONER BLAKE. MOTION DIED FOR LACK OF A SECOND. "I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE RESOLUTION NUMBER 2003-35 AT THE MILLAGE RATE OF 4.30 AS RECOMMENDED BY THE CITY MANAGER." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. MANAGER McLEMORE STATED, "4.3 WOULD BE A 9.24 PERCENT OVER ROLLED- BACK - OR A 3.22 PERCENT MILLAGE.INCREASE." VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: NAY COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. PUBLIC HEARINGS 401. Office Of The City Manager Requesting That The City Commission Hold A Public Hearing Relative To The Approval Of: · Resolution Number 2003-36, Establishing The Final Budget For Fiscal Year 2003-2004. · Approve The Revised Budget For Fiscal Year 2002-2003. Mayor Bush opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. ~ ~ ~ ~ :~ ,~ :~ ~ ~ ~ CITY OF WINTER SPRlNGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 22, 2003 PAGE 6 OF 21 Manager McLemore said to Mayor Bush and the City Commission, "When you complete this Item, if you will leave your Budgets with us tonight, then we are going to amend the first few pages that demonstrates your Fund Balance." Manager McLemore added, "You can have them back probably tomorrow." "I MOVE THAT WE APPROVE THE - BUDGET FOR FISCAL YEAR 2002-2003, RESOLUTION NUMBER 2003-36." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. MANAGER McLEMORE STATED, "THIS IS YOUR FINAL BUDGET." VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. Mayor Bush stated, "Now, we need a Motion for the proposed Pinal Budget - approve the Revised Budget for 2002-2003." Commissioner Blake added, "The Revised Budget for the current year that is ending." "SO MOVED." MOTION BY COMMISSIONER MARTINEZ. MAYOR BUSH ADDED, "WE HAVE A MOTION TO APPROVE THE REVISED BUDGET FOR FISCAL YEAR 2002-2003." SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. Mayor Bush called a Break at 7: 1 0 p.m. The Meeting reconvened at 7:21 p.m. .:..:. AGENDA NOTE: THE FOLLOWING CONSENT AGENDA ITEMS WERE DISCUSSED BUT NOT NECESSARILY IN THE ORDER DOCUMENTED. .:. .:. ~ ~ ~ ~' ~ C=@J ~ (5 .v ~ ~ ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 22, 2003 PAGE 7 OF 21 CONSENT CONSENT 200. Public Works Department Requesting Authorization To Enter Into A Contract Agreement For Landscape Maintenance Services For State Road 434 Medians And Rights Of Way. Discussion. CONSENT 201. Community Development Department Requesting The Commission To Take Off The Table Agenda Item A From The August 25, 2003 Meeting And Ask Consideration For Approval And Acceptance Of The Naming Of Two Streets Beginning With The East State Road 434 Entrance And The Road Going To Central Winds Park, Also To Drop The Request To Name The Road On The High School's Ground. This Agenda Item was pulled off for separate consideration. CONSENT 202. Parks And Recreation Department Requesting The City Commission To Authorize The City Manager And City Attorney To Execute The Florida Department Of Environmental JProtection, Florida Recreation Development Assistance Program Project Grant Agreement For Central Winds Park Phase II. CONSENT 203. Parks And Recreation Department Requesting The City Commission To Authorize The City Manager To Execute The Transportation Disadvantage Services Agreement Addendum With MV Transportation Inc. To Provide Transportation To The City's Senior Citizens For FY 03/04. . Discussion ensued on possibly g91ng out for new Bi~s. CONSENT 204. Information Services Department Requesting Authorization To Dispose Of Surplus Assets According To The Attached Disposition Sheets. ~ ~ ~ .~ ~ ~ ~ ~ ~ ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 22, 2003 PAGE 8 OF 21 CONSENT 205. Community Development Department - Plans And Inspections Division Requesting Authorization To Renew An Agreement For Contract Building Inspection Services With Framensons, Inc. Discussion. Tape I1Side B With further discussion, Commissioner McLeod spoke of current demands and said, "I just think it is a good way to go with the Contract Services at this time, on this portion - I think for the field people. I think the Administrative Office end - we may need to look at. " "MOTION TO APPROVE CONSENT AGENDA, EXCEPT ITEM 201." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MAJRTINEZ: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. .:. .:. AGENDA NOTE: THE FOLLOWING CONSENT AGENDA ITEM WAS PULLED FROM THE CONSENT AGENDA FOR INDIVIDUAL CONSIDERATION, AS DOCUMENTED. .:..:. CONSENT CONSENT 201. Community Development D~partment Requesting The Commission To Take Off The Table Agenda Item A From The August 25, 2003 Meeting And Ask Consideration For Approval And Acceptance Of The Naming Of Two Streets Beginning With The East State Road 434 Entrance And The Road Going To Central Winds Park, Also To Drop The Request To-Name The Road On The High School's Ground. Much discussion. "MOTION TO APPROVE." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. ~ ~ ~ ~ ~ ~ ~ ~ t;.. oJ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 22, 2003 PAGE 9 OF 21 VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. INFORMATIONAL INFORMATIONAL 300. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. INFORMATIONAL 301. Public Works Department Advising The City Commission Of A Proposed School Safety Sidewalk Project. Commissioner Martinez inquired, "Have the people been asked to participate in this process at all?" With further discussion, Commissioner Martinez added - that because the area "Which is heavily populated, at least the people should be asked to have a say in the matter." Discussion ensued with Mr. Kip Lockcuff, Public Works/Utility Department Director who stated, "We have asked them [Seminole County] to notify them - if they decline, I'll let you know." Commissioner Martinez added, "I would suggest to the City Manager that this be done." With further discussion, Mayor Bush asked Mr. Lockcuff, "If we ask the County [of Seminole] to notify the Homeowners, will they?" Mr. Lockcuff responded, "I' lllet you know." "MOTION TO APPROVE INFORMATIONAL AGENDA.". MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. ~ ~ ~ ~ ~ .~ ~ ~ ~ G" 'J CITY OF WINTER SPRlNGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 22, 2003 PAGE 10 OF 21 PUBLIC HEARINGS (PART II) PUBLIC HEARINGS 402. Community Development Department Requests That The City Commission Hold A Public Hearing For The Second Reading/Adoption Of Ordinance 2003-16 Adopting A Large Scale FLUM Amendment Changing The Future Land Use Map Designation From "Industrial" And "Conservation" To "Public/Semi-Public" And "Conservation" For The New Elementary School Site Located At Old Sanford/Oviedo Road And Ginger Lane. Attorney Garganese read Ordinance 2003-16 by "Title" only. Ms. Eloise Sahlstrom, ASLA, AICP, Senior Planner, Community Development Department introduced this Agenda Item. With discussion, Ms. Sahlstrom mentioned that "Because this does go back to the State, if in fact you do adopt it tonight - there is a Citizen Courtesy Information List - there are copies of this out front for any of the public who want to put their name - this will be sent to the State, and the State will notice anybody who is interested." 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. "I WOULD LIKE TO MAKE A MOTION WE ADOPT ORDINANCE 2003-16, FUTURE LAND USE AMENDMENT." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MAJRTINEZ: NAV MOTION CARRIED. ~ ~ ~ ~ ~ ~ ~ ~ ~ C' .. ~~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 22, 2003 PAGE 11 OF21 PUBLIC HEARINGS 403. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For Second Reading/Adoption Of Ordinance 2003-08 Adopting A Small Scale FLUM Amendment Changing The Future Land Use Map Designation Of A 2.02 Acre Parcel, Located At 1281 Natures Way, From "Medium Residential" (Seminole County) To "Town Center" (City Of Winter Springs). As stated earlier in the Meeting under Agenda Changes, this Agenda Item has been pulled. PUBLIC HEARINGS 404. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For Second Reading/Adoption Of Ordinance 2003-09 Rezoning A 2.02 Acre Parcel, Located At 1281 Natures Way, From (County) "A-I" To (City Of Winter Springs) "Town Center District". Also as stated earlier in the Meeting under Agenda Changes, this Agenda Item was pulled. PUBLIC HEARINGS 405. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For Second Reading/Adoption 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 "Co mmercial". Attorney Garganese read Ordinance 2003-31 by "Title" only. Discussion ensued with Ms. Sahlstrom who stated, "I did receive a call from a representative of the Owner who said they were totally supportive of this action and they appreciated the City cleaning up this discrepancy." Mayor Bush opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. ~ ~ ~ ~ ~ ~ ~..'.. ~ ~ ~ ~... ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 22, 2003 PAGE 12 OF 21 Commissioner Martinez asked Ms. Sahlstrom, "Is it possible to put the name of the person who called you, on the record?" Ms. Sahlstrom explained she did not have the individual's name with her, and added, "There has been no opposition whatsoever received." MOTION TO APPROVE "THE ADOPTION OF 2003-31." MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: NAY COMMISSIONER McLEOD: AYE MOTION CARRIED. PUBLIC HEARINGS 406. Community Development Department/Office Of The City Attorney Request The City Commission Approve Ordinance 2003-36, Amending Winter Springs Code Chapter 9, Relating To The Regulation Of Nonconforming Uses And Structures. "MOTION TO READ ORDINANCE 2003-36 BY 'TITLE' ONLY." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. Attorney Garganese read Ordinance 2003-36 by "Title" only. Mayor Bush opened the "Public Input" portion of this Agenda Item. Mr. Harold Fues, 2573 Acuna Court, Lake Mary, Florida: spoke about a previous City Commission Workshop. Mr. Vincent Contestabile, 205 Bedford Road, Altamonte. Springs, Florida: remarked about special permits and existing businesses. ~ ~ ~ ~ ~ ~ ~ ~ ~ G .. 'J CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 22, 2003 PAGE 13 OF 21 Discussion ensued on lawful and unlawful related issues. Tape 2/Side A With discussion, Commissioner McLeod stated, "If we are feeling that there are some . . issues - from my perspective - if there are issues here that pertain to an operation that we have going on over there - today, I would like to know it." Furthermore, Commissioner McLeod stated, "If Staff may have had issues - I want to know what the issues are that we need to address to find out what we may be doing to a business or a businessman in this community." Further discussion. Mr. Harold Fues, 2573 Acuna Court, Lake Mary, Florida: again addressed the City Commission and spoke about Nonconforming uses. Mr. Billy Nichols, 1281 Natures Way, Winter Springs, Florida: suggested that this Agenda Item be Tabled. The "Public Input" portion of this Agenda Item was closed. "MOTION TO APPROVE ORDINANCE 2003-36." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. COMMISSIONER McLEOD STATED, "I WOULD STILL LIKE TO SEE THIS - TO BE HELD OFF UNTIL MR. McLEMORE BRINGS THE INFORMATION BACK THAT HE WAS POINTING OUT THIS EVENING. I WOULD LIKE TO KNOW MORE ABOUT THAT." VOTE: COMMISSIONER McLEOD: NAY COMMISSIONER BLAKE: AYE COMMISSIONER MAJRTINEZ: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. Mayor Bush called a Break at 8:36 p.m. Mayor Bush called the Meeting back to order at 8:54 p.m. ~ ~ ~ ~ ~ ,~ "~ ~ ~ ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 22, 2003 PAGE 14 OF 21 PUBLIC HEARINGS 407. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For First Reading Of Ordinance 2003-32 Adopting A Small Scale FLUM Amendment Changing The Future Land Use Map Designation Of Two (2) Parcels Located Between State Road 419 And Old Sanford/Oviedo Road From "Industrial" To "Commercial". "MOTION TO READ BY 'TITLE' ONLY." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: AYE (STATED WHILE STANDING AT THE ENTRANCE TO THE COMMISSION CHAMBERS) MOTION CARRIED. Attorney Garganese read Ordinance Number 2003-32 by 'Title' only. Ms. Sahlstrom gave a brief synopsis of this Ordinance and related Agenda Item. Commissioner Blake returned to the Commission Chambers at 8:56 p.m. Discussion. Commissioner McLeod inquired of Ms. Sahlstrom, "Has the Zoning changed on that since the time of 'Industrial' - one of them must have changed at one point." With discussion, Ms. Sahlstrom stated, "Staff would like to see this moved forward from the First Reading tonight, but I am also happy to investigate your question of when this did become 'C-l,' if I am able to find it in our Ordinances." Commissioner McLeod added, "I would like to know when the two (2) overlays - what happened, and was it 'Industrial' - when did we end up with 'C-l' or was it all that 'C-l' at one time and we only carved out certain areas for the 'Industrial?' Was it really intended to stay as a 'C-l' or a 'C-2' and not to be 'Industrial?'" Ms. Sahlstrom added, "I can see what I can find out." Mayor Bush opened the "Public Input" portion of this Agenda Item. Mr. Tom Harbert, Mateer & Harbert, P.A., Post Office Box 2854, Orlando! Florida: as the representative for Mr. Bart Phillips - the Property Owner, Mr. Harbert voiced their objection. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 22, 2003 PAGE 15 OF 21 Mr. Bart Phillips, 7220 Lake Floy Circle, Orlando, Florida: remarked about this property and the parking. of vehicles in the Easement. Mr. Phillips noted that "I would like to work with this City to leave the Buffer there and whatever is necessary to buffer myself from [County Road] 419." Mr. Phillips added, "I don't have any problems putting up a wall, and for the future, what I would like to do is have outside storage for people's boats and RV's and automobiles that they are not allowed to park .at their homes." The "Public Input" portion of this Agenda Item was closed. Commissioner Blake stated, "I would be real interested to see what the research would show - not so much on the 'C-1,' but on the Land Use. What the original Comp [Comprehensive] Plan said for this area and what any Amendments thus far, have shown - whether or not it was a Scrivener's error." Furthermore, Commissioner Blake stated, "It may not be 'C-1' either, it might be a 'C-2' use, and that is something I think we could probably investigate." Commissioner Blake then asked Attorney Garganese about changes to the Comprehensive Plan and stated, "That would be something we would want to know also I think, in terms of going through this process." Commissioner Blake added, "I think we need more information to determine where we really are starting, and then we can try to get to where we need to be." "I WILL MAKE A MOTION TO TABLE - ORDINANCE 2003-32." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. Mayor Bush stated, "Once the information is available, then the [City] Manager will decide when to put it back on - when the Commission has got their questions answered." Discussion ensued on advertising. "I WOULD LIKE TO MAKE A MOTION WE TAKE - ORDINANCE 2003-32 OFF THE TABLE." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. ~ ~ ~ ~ .~ .~ ~ ~ ~ ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 22, 2003 PAGE 16 OF 2\ VOTE: COMMISSIONER MARTINEZ: NAY COMMISSIONER BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. "I WOULD LIKE TO MAKE A MOTION THAT WE POSTPONE THE FIRST READING OF ORDINANCE 2003-32 TO NOVEMBER 10TH, 2003." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. COMMISSIONER McLEOD STATED THAT ON NOVEMBER 10TH, 2003, "I WOULD NOT BE HERE TO DISCUSS THIS." VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. PUBLIC HEARINGS 408. Office Of The City Attorney Requests That The City Commission Approve On First Reading Ordinance Number 2003-22 Which Will Amend The City Code Chapter 5, Tree Protection And Preservation. MOTION TO READ ORDINANCE 2003-22 BY "TITLE" ONLY. MOTION. SECONDED. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by 'Title' only. Discussion. ~.:.~ ~ ~ ~ ~ ,~ ~ ~ ~ ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 22, 2003 PAGE 170F21 The "Public Input" portion of this Agenda Item was opened by Mayor Bush. Ms. Beth Hollenbeck, 663 Murphy Road, Winter Springs, Florida: spoke about following this issue and the importance of it and asked that the Code be enforced. Tape 2/Side B The "Public Input" portion of this Agenda Item was closed. Attorney Garganese pointed out that "On page 8 of24, it's the subparagraph 'ill' on that page, it says 'Contractor Permit Required.' - and one of my changes would be - that should read 'Contractor License Required.'" Commissioner Martinez asked, "Is there any provision here to penalize these people who are in fact licensed but who do go to a property and instead of asking the person for a permit - they proceed to cut the tree, and nothing is done as far as Code Enforcement is concerned, but the resident owner is severely punished?" Discussion. Mayor Bush asked, "Does a Tree Removal company have to have a business license from the City?" Attorney Garganese responded, "Under this Ordinance, yes. There would be a new license created for Tree Contractors." Mayor Bush then said, "And so then if that would be the case, then you could put something in here - they have a City license, they would obviously be notified of the requirements. If they violated that, then they could be penalized?" Attorney Garganese said, "We could write something like that." Discussion. Commissioner McGinnis suggested that "One of the issues is informing the people of the community what they have to do - they are responsible for getting a permit." Furthermore, Commissioner McGinnis said, "We have to keep using every means to educate the community about our Arbor laws." Commissioner McGinnis recommended that "It should be standard procedure on every bill we send out - to refer people to our Arbor laws." Commissioner Martinez suggested that the following verbiage be included in this Ordinance: "Any Tree Cutter who unlawfully cuts down a tree without a permit being shown to him, regardless of whether he is licensed or not, shall be cited and brought before the Board and they will have their hearing, the same as the other person did and if found liable, they should be assessed a fine." Mayor Bush then said, "Commissioner Martinez is asking that you put something in this Ordinance that addresses his concerns and if so, I think that is something the [City] Attorney and the [City} Manager probably need to work on to bring back." Attorney Garganese stated, "We can do that." ~ ~ ~ ~ ~ .~ ~ ~ ~ ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 22, 2003 PAGE 18 OF 21 Commissioner Martinez gave Attorney Garganese a copy of an article related to trees and asked that Attorney Garganese consider the points covered in the article. Attorney Garganese then noted the following changes to the proposed Ordinance - "On page 3, the definition of 'Caliper.' - I have been informed that the industry standard is twelve inches (12") from soil level, so we are recommending changing eight inches (8") to twelve inches (12"). Page 4, (s) 'Specimen Tree.' - just adding the words in the second line where it says diseased that has a caliper of twenty-four inches (24")." Attorney Garganese continued, "Page 6, subparagraph (b) (4) will read, 'Trees that interfere with the construction or repair of public infrastructure and facilities.' Page 8, @ ill will read of 'Trees of typical harvestable size and type exist on the property' and the rest of that sentence remains the same; @ I already alluded to that change and the title will be 'Contractor License Required.' and also I have been informed that if we are going to require the Contractor to get a License from the City, not only do you have to provide proof of Liability Insurance, but we require proof of Workers Compensation Insurance, so I am adding the words 'and Workers Compensation' in front of the word Insurance. " Next, Attorney Garganese stated, "Page 10, ill where it says 'If significant grade changes,' strike the word 'significant,' and the sentence will read, 'If grade changes are proposed on the site, a grading plan drawn to scale shall be provided.' - and then the next sentence will read, 'In addition, a written statement shall be provided by a Landscape Architect or other competent professional.' Page 12, section [Sec.] 5-8. (a) - right on the second to last line where it indicates twenty-four inches (24")," that same change we made to the definition - early on will read, 'Which have a caliper of twenty-four (24) inches." Page 14, (5) - fourth line from the bottom, where it says 'The value to be paid into the tree bank, that should read, the amount paid into the tree bank...' (6) (A) - it says 'All Plant materials shall be Florida Grades. . .' - it should read 'All Plant materials specified shall be Florida Grades and Standard One or better.' Page 22, under the Penalties. section (b), it should read, 'In addition to all other remedies set forth in this Chapter, one or more of the following civil fines shall apply to violations of this Chapter' so we are adding - the language 'one or more ofthe... ", Attorney Garganese then noted the last suggested change - a specific penalty for violations of section [Sec.] 5-10. 5-10. are all the prohibited acts like spiking trees, etc. We're proposing a $250.00 fine per occurrence, for any violation of section 5-10. That should make it easier to cite violators." With discussion, Attorney Garganese stated, "We are adding a ih, which would be a violation of5-10., is a $250.00 fine per occurrence. Commissioner Blake spoke of his concern with the fine amounts under Sec. 5-18. (b) (2) - "Failure to obtain a contractors license..." With discussion, Commissioner Blake recommended, "$250.00, $400.00, and $500.00 per tree." Attorney Garganese said, "That might be doable making each tree a separate violation." Attorney Garganese then explained that "This provision though is only related to failure to obtain a Contractor's License. In the event you had an Unlicensed Contractor that removed trees without a ,qZ'''Z':''~.'li! ''''''-- ~ ~ ~ .~ ~ ~. . v ~ ~ ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 22,2003 PAGE 19 OF 21 permit, he would be fined for failure to get a Contractor's License, which would be a maximum penalty of $500.00 and he would be subject to additional penalties for each tree that he removed without a permit. So they are cumulative fines." Commissioner Blake then suggested, "Maybe just two (2) grades there, $250.00 and $500.00." Attorney Garganese stated, Okay, $250.00 for the first." Mayor Bush asked for a consensus from the City Commission and summarized, "Okay." Attorney Garganese added, "The last change that I am recommending is a change to the footnote in Table 1, the asterisk, right on the bottom of the table - will read 'These amounts may be adjusted bi-annually to compensate for increases to costs of plants as well as the cost of installation and establishment.'" "I MAKE A MOTION THAT WE MOVE ITEM 408, ORDINANCE NUMBER 2003-22 TO A SECOND READING, TO INCLUDE ALL THE DESIGNATED CHANGES SPELLED OUT BY THE CITY ATTORNEY AND TO ADD . VERBIAGE WHICH SHALL INCLUDE A STATEMENT OR WORDS TO THE EFFECT THAT A TJREE CUTTER SHALL REQUIRE A TREE PERMIT BEFORE PROCEEDING TO CUT ANY TREE, AND IF HE DOES NOT, AND PROCEEDS TO CUT THE TREE THERE WOULD BE CERTAIN PENALTIES ASSESSED TO HIM." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. COMMISSIONER MARTINEZ EXPLAINED PART OF HIS MOTION AS "IT INCLUDES VERBIAGE THAT WILL REQUIRE A TREE CUTTER TO REQUEST A PERMIT FROM A RESIDENT PRIOR TO CUTTING DOWN ANY TREE - AND IF NOT, HE SHALL BE RESPONSIBLE NOW AND BE CITED AND PENALIZED FOR SUCH VIOLATION." VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. REGULAR REGULAR 500. Office Of The City Clerk Respectfully Requests That Commissioner Michael S. Blake Make An Appointment To The Oak Forest Wall And Beautification District Advisory Committee. Mayor Bush stated, "Put it on the next Meeting Agenda." ,~' 5 ~ ~ ~ ~ ~ ~ ~ ~ ~.'........ ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 22, 2003 PAGE 20 OF 21 REGULAR 501. Office Of The City Manager Requesting The City Commission To Hear A Report From Progress Energy Regarding Power Reliability In Winter Springs. Ms. Sophia 0 'Keefe, Progress Energy, 3300 Exchange Place, Lake Mary, Florida: addressed the City Commission and spoke on recent efforts by Progress Energy to make necessary improvements. Ms. O'Keefe and associates continued with their presentation and addressed comments from Mayor Bush, the City Commission, and Manager McLemore. Tape 3/Side A Mayor Bush spoke about streetlights not working and what should be done in such a case. Ms. O'Keefe mentioned that one could gO. to their website or to contact them by telephone regarding such problems. Discussion. Commissioner Martinez departed the Meeting at 10:21 p.m. Discussion ensued on performance criteria. REGULAR 502. Community Development Department Requests That The City Commission Schedule A Workshop On Monday, September 29, 2003, To Consider The Recommendations Of The City's Consultant, Amending The City's Regulations Affecting Detached Accessory Structures And Buildings. With discussion, it was agreed that a Workshof on Detached Accessory Structures and Buildings would be held on Tuesday, October t , 2003 at 6:30 p.m. Furthermore, Members of the City Commission agreed to hold a Workshop on Permitted Uses on Monday, October 20, 2003; also beginning at 6:30 p.m. Commissioner McLeod asked about the proposed Ordinance for the Detached Accessory Structures and Buildings. Manager McLemore stated, "I think we can get it out to you tomorrow; or the next day." Commissioner McLeod added, "I personally would like to see it." Manager McLemore added, "I think I can have it tomorrow and send it out to you. " ~ ~~ ~ ~ ~ ~ ~ ~ ~...".'. ~ ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 22, 2003 PAGE2! OF2! ADJOURNMENT Mayor Bush adjourned the Meeting at 10:43 p.m. / RESPECTFULLY SUBMITTED: ANDREA LORENZO-LUACES, CMC CITY CLERK APPROVED: ".~ ~J:JROV E. D ".~ r . ~ I I . _..r. 11 . ...... ...~iIii& + _.. . JOHN F. BUSH MAYOR NOTE: These Minutes were approved at the , 2003 Regular City Commission Meeting.