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HomeMy WebLinkAbout2004 01 12 Consent 211COMMISSION AGENDA ITEM 211 January 12, 2004 Regular Meeting Consent X Informational Public Hearings Regular Mgr. / Dept. Authorization CONSENT 211. Office Of The City Clerk Approval of the December 8, 2003 City Commission Regular Meeting Minutes. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING DECEMBER 8, 2003 CALL TO ORDER The Regular Meeting of Monday, December 8, 2003 of the City Commission was called to order by Mayor John F. Bush at 5:03 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). ROLL CALL: Mayor John F. Bush, present Deputy Mayor Robert S. Miller, present Commissioner Michael S. Blake, arrived at 5:05 p.m. Commissioner Edward Martinez, Jr., present Commissioner Sally McGinnis, present Commissioner David W. McLeod, arrived at 5:08 p.m. City Manager Ronald W. McLemore, arrived at 5:04 p.m. City Attorney Anthony A. Garganese, arrived at 5:04 p.m. After a moment of silence, Mayor Bush led the Pledge of Allegiance. City Manager Ronald W. McLemore arrived at 5:04 p.m. City Attorney Anthony A. Garganese arrived at 5:04 p. m. Commissioner Michael S. Blake arrived at 5: 05 p.m. Under "Agenda Changes," Mayor Bush stated, "There are some Appointments and Commissioners, I would like for you - as we go through the Seats, to make your Appointments at that time - Agenda Items — `505,' `512'." Mayor Bush also stated, "I want to move [Agenda Item] `516' ahead of [Agenda Item] `515'." Furthermore, Mayor Bush stated "The `Awards and Presentations' are going to be made at 6:30 [p.m.]. The employees were told that that would be the time." ❖ ❖ AGENDA NOTE: PUBLIC INPUT WAS HEARD FIRST, FOLLOWED BY "REPORTS," THEN THE "CONSENT" AGENDA, AND THEN THE "INFORMATIONAL" AGENDA, AS DOCUMENTED. ❖ ❖ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 8, 2003 PAGE 2 OF 34 PUBLIC INPUT Mr. Byron Giltz, 1001 Troon Trace, Winter Springs, Florida: explained that on November 22, 2003, as he was entering the Greenbriar subdivision he noted a "Mallard's Systems Roof Cleaning" truck spewing undetermined liquids, and then a little later, he and other residents noticed that "Mallard's Systems Roof Cleaning" individuals "Were hosing with water, the street." Mr. Giltz added that he "Noticed that their hoses were attached to the City's fire hydrants." Discussion. Commissioner David W. McLeod arrived at 5: 08 p.m. With further discussion, Commissioner Edward Martinez, Jr. stated, "I would like the City Manager to bring back in January, something regarding how the City can react to these type of offenses perpetrated by people who are especially doing business with the City of Winter Springs." Deputy Mayor Robert S. Miller suggested, "Get some statements from the two (2) or three (3) or however many homeowners saw this and then have the City Attorney draft a letter of reprimand and maybe an advisory type notice that - the next time that this happens, that company's right to do business in the City will be restricted for a certain amount of time - maybe ninety (90) days." Mayor Bush then said, "Commissioners, all in agreement with Commissioner Miller's recommendation?" Commissioner Martinez added, "Something needs to be done." Mr. Robert Baxley, 1029 Northern Way, Winter Springs, Florida: as the owner of the Belle Avenue Commerce Center, Mr. Baxley noted his approval of Agenda Item `508' and hoped this issue would move forward. Ms. Joanne Krebs, 1002 Taproot Drive, Winter Springs, Florida: spoke of the temporary Paw Park location being next to Lake Jesup and noted that there could be potential problems with alligators. Mr. Mervin Warner, 673 Keuka Court, Winter Springs, Florida: spoke of the Tuscawilla Homeowner's Association official donation of wreaths for the Tuscawilla Lighting and Beautification District and asked that these wreaths be stored by the City for the Tuscawilla Lighting and Beautification District. Manager McLemore said that the City Commission should "Accept that as a donation to the City." "I : OULD-IIIC�ETO-M-AAK-ET IE MO-T-ION T-O AC-C-EP-T—T-HE—K3ND-AND GENEROUS DONATION FROM THE TUSCAWILLA HOMEOWNER'S ASSOCIATION TO TLBD [TUSCAWILLA LIGHTING AND BEAUTIFICATION DISTRICT]." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MCLEOD. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 8, 2003 PAGE 3 OF 34 VOTE: COMMISSIONER McGINNIS: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. Mr. Warner then stated, "I am interested in seeing Colt Drive being renamed to Gary Hillery Drive or Way." Manager McLemore stated, "We have to take it to the County system to see if there are any roads already with that name." Furthermore, Manager McLemore stated, "Then we can bring it back to you as an Agenda Item." Mr. Bob Rucci, 973 Turkey Hollow Circle, Winter Springs, Florida: spoke in favor of Consent Agenda Item `209' being approved and mentioned that various safety concerns had been included in the plan for the temporary Paw Park. REPORTS REPORTS 600. Office Of The City Attorney — Anthony A. Garganese, Esquire Attorney Garganese stated, "I have filed a — `MOTION FOR SUMMARY JUDGEMENT' in the Potchen Case." Attorney Garganese then noted that, "We had Oral Arguments in the Rawlins Case last week." Commissioner Martinez said to Attorney Garganese, "It was an excellent brief, and Congratulations." REPORTS 601. Office Of The City Manager — Ronald W. McLemore Manager McLemore noted that Finance Director Louise Frangoul has submitted her resignation. REPORTS 602. Office Of The City Clerk — Andrea Lorenzo-Luaces No Report. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 8, 2003 PAGE 4 OF 34 REPORTS 603. Commission Seat Four — Sally McGinnis COMMISSIONER McGINNIS APPOINTED TO THE OAK FOREST WALL AND BEAUTIFICATION DISTRICT ADVISORY COMMITTEE, "TED ZEIHER AND HE LIVES AT 1107 TROTWOOD BOULEVARD." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. Commissioner McGinnis then spoke of the December 1, 2003 `Tree of Lights' Ceremony and said, "It was a wonderful - Ceremony we had at the Town Center, with almost no public notice." REPORTS 604. Commission Seat Five — David W. McLeod Commissioner McLeod noted a new Grandson born on December 1, 2003, the same evening as the `Tree of Lights" Ceremony. Next, Commissioner McLeod asked that the Centex Agreement be reconsidered, and handed out a document offering a compromise - "$129,000.00 would be paid to the City and the replacement of 344 trees." Commissioner Blake stated, "Point of Order" and spoke of a Motion to take off the Table. MOTION TO' TAKE THE ITEM OFF THE TABLE. MOTION. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: DEPUTY MAYOR MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEM13ER 8, 2003 PAGE 5 OF 34 Discussion. "I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE THE COMPROMISE AGREEMENT WITH CENTEX HOMES — A SETTLEMENT AGREEMENT OF $129,000.00 PLUS THE 344 TREES REPLANTING." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. r COMMISSIONER McLEOD ADDED, "IT'S ACTUALLY THE INSTALLATION OF THE ENHANCEMENT OF LANDSCAPING PLANNED IN LIEU OF THE 344 TREES. THAT'S WHAT THE DEAL IS ON THE TABLE — THEY CAN'T BRING 344 TREES ONLY, IT IS THE ENHANCED LANDSCAPING PLAN THAT WAS PRESENTED TO US BEFORE, AS PART OF THE DEAL - IT ALSO CARRIED A WARRANTY OF A TIME - I THINK IT WAS A YEAR'S WARRANTY IN THE PLAN, THAT THE LANDSCAPING WOULD BE MAINTAINED DURING THAT PERIOD BY CENTEX AND ANY DAMAGES OR LOSS WOULD BE REPLACED BY THEM." VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR MILLER: NAY MOTION CARRIED. REPORTS 605. Office Of The Mayor — John F. Bush Mayor Bush spoke of a letter from the City of Oviedo, that had just been received and added, "So you can read it over, and have it on the Agenda.at a future Meeting — this is about the joint meeting." Next, Mayor Bush stated, Attorney Garganese "Gave us the Minutes of Oviedo's Commission Meeting from October 131h — I want to point out a couple of things. They say in here, `Mr. Dallari says the City Manager has recently sent a letter to the City of Winter Springs_ asking_ them tomeet _with the Oviedo City C.ouncit to discuss this' — they never did that. Neither Mr. McLemore nor I have ever received anything other than what came today." Mayor Bush then referenced another paragraph and stated, "`Mr. Dallari said they can write a letter to Seminole County and Winter Springs to see if they would be interested in having a Joint Planning Session' - well that never happened either." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 8, 2003 PAGE 6 OF 34 Mayor Bush then spoke about the signage associated with the recent Tree Lighting Ceremony. • State Of The City Message Regarding the "State of the City" address, Mayor Bush stated, "I would like to put this on the Agenda for — the first Meeting in January." REPORTS 606. Commission Seat One/Deputy Mayor - Robert S. Miller r - r I, Regarding possible Appointments scheduled for tonight's Meeting, Deputy Mayor Miller J} stated, "I have one for the B.O.W.S. [Beautification of Winter Springs Board] and one for Districting, I am going to make those both in January."' Deputy Mayor Miller noted that "We had a discussion with the City Manager a couple of months ago on burying the electric cables between Sheoah and Moss Road and there are also other areas around the Town Center that need to be addressed. Did we make any progress on getting — an Information Item or Agenda Item to this Commission?" Manager McLemore responded, "We'll bring an Informational back to you anytime you want us to, but we have not received any information back from the power company yet." Deputy Mayor Miller added, "I would like to see you put that on the front burner if you would, to see if we can't get something in January." Next, Deputy Mayor Miller stated, "The status of the Gateways — we also said that we wanted to get some movement going on that — are we going to hear from a Consultant or from somebody in January or February on proposals — how to go forward on this?" Manager McLemore stated, "You want a proposal in January to develop `Gateways'?" Deputy Mayor Miller stated, "Yes." Manager McLemore added, "We also need to give some serious thought about an entranceway sign into the Town Center." Deputy Mayor Miller agreed and said, "Fine, put than down too." Mayor Bush asked Manager McLemore, "Is that something you can do by the next Meeting Ron [McLemore], bring back the things the Commissioner is asking for?" Manager McLemore stated, "We can certainly get out a proposal, yes — or a R.F.P. [Request for Proposal]." Lastly, Deputy Mayor Miller spoke of the `Tree of Lights' Ceremony, "I think we ought _to have Citv_Staff nut this on the Agenda next year to hrinQ us some kind of a plan where we would have an annual event from here on out, maybe in the Town Center, where we have a tree that the City would acquire — twenty-five (25), thirty (30) feet — and then have some kind of a ceremony each year that we can have everybody from the City gather for." Deputy Mayor Miller added, "I would like to put that down as a proposal that the City bring this to us next year, far enough in advance" — maybe the Parks and Recreation Department. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 8, 2003 PAGE 7 OF 34 With discussion on involving the Developer in such an event, Mayor Bush stated, "Why don't you just explore the possibilities with the Developer and see about a commitment?" Manager McLemore stated, "I will." Commissioner McGinnis also noted that the B.O.W.S. Board [Beautification of Winter Springs Board] "Should be involved in that too." REGULAR 506. Office Of The City Clerk Requests That Appointments Be Made To The 2004 City Of Winter Springs Districting Commission. COMMISSIONER MARTINEZ STATED, "BYRON GILTZ." MOTION. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: DEPUTY MAYOR MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. COMMISSIONER McGINNIS NOMINATED, "GEORGE COLUMBO." MOTION. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. Mayor Bush stated, "So the other Appointments - Andrea [Lorenzo-Luaces, City Clerk] will put on the next Agenda." REPORTS 607. Commission Seat Two — Michael S. Blake Commissioner Blake stated, "As a final Agenda Item, I would like to discuss the Clerk's review and compensation, which is more than two (2) months overdue; and I have asked the Clerk's Department to some work for me on it this last week. I do have some papers to pass out, and I would like to do it at that time, so if we can add this as the final Agenda Item, I would appreciate it." Mayor Bush stated, "We will." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING — DECEMBER 8, 2003 PAGE 8 OF 34 Commissioner Blake then wished "Happy Holidays" to everyone. Lastly, Commissioner Blake then spoke of the "Tree of Lights" Ceremony and stated, "I do appreciate the fact that Doran stepped up and tried to put something together — it was quick and sort of done in a hurry, but it was great to see all the people out at a community event like that; and Mayor, I absolutely agree with you, the City ought to have a hand in this. It is a community event — this is not a Developer's event, and we should be very involved in that going forward." REPORTS 608. Commission Seat Three — Edward Martinez, Jr. Commissioner Martinez touched on the subject of Adult Arcades. Next, Commissioner Martinez again addressed the situation related to "Mallard's Systems Roof Cleaning" brought up earlier in the Meeting by resident Byron Giltz, and stated, "I still feel the City ought to do more to handle businesses like this, especially businesses who do business with the City." Commissioner Martinez added, "I think we ought to do a little more than just a reprimand or a ninety (90) days suspension." Regarding the status of the Dock Ordinance, Commissioner Martinez stated, "It has been months since the assignment was taken and we have nothing back, and the delay continues to reoccur, and I don't know the reason why — I would like to know why the delays?" Manager McLemore stated, "I will try my best to have that on your first Meeting in January." Lastly, Commissioner Martinez wished everyone "Happy Holidays". Tape I/Side B ❖ ❖ AGENDA NOTE: THE FOLLOWING CONSENT AGENDA WAS DISCUSSED AS DOCUMENTED. ❖❖ CONSENT CONSENT __... !rV /. i UV1IL ♦V V111J LCPQI U11C1IL Requesting Authorization To Enter Into An Interlocal Agreement With Seminole County For The Maintenance Of State Road 434 Landscaping, Hardscaping, And Streetlighting. Attorney Garganese stated, "I have been going back and forth with the County Attorney regarding some of the language." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 8, 2003 PAGE 9 OF 34 Attorney Garganese added that one concern is "They want an `Indemnification and Hold Harmless' from the City [of Winter Springs] but they are not willing to give a reciprocal `Indemnification and Hold Harmless' to us." Furthermore, Attorney Garganese added, "The Commission could go ahead and approve the State Road 434 Contract, however, I would like an opportunity to continue to negotiate with the County to get a reciprocal `Indemnification and Hold Harmless' Agreement." Attorney Garganese then said, "If the Commission - agrees with my position — the understanding would be that [Agenda Item] `207' would be approved conditioned upon getting the reciprocal `Indemnification and Hold Harmless' from the County." "MOTION TO APPROVE ITEM `207' SUBJECT TO THE ATTORNEY'S COMMENTS." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISISONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. ❖ ❖ AGENDA NOTE: THE FOLLOWING CONSENT AGENDA ITEMS ARE NOT NECESSARILY DOCUMENTED IN THE ORDER THE AGENDA ITEMS WERE DISCUSSED. ❖❖ CONSENT . CONSENT 200. Utility Department Requesting Authorization To Enter Into A Contractual Agreement For Construction Of Well Number 4 And Raw Water Main At Water Treatment Plant Number 1. Discussion. CONSENT 201. Information Services Department Requesting Authorization To Dispose Of Surplus Assets According To The Attached Disposition Sheets. 'i CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 8, 2003 PAGE 10 OF 34 CONSENT 202. Office Of The City Clerk Approval Of The November 10, 2003 City Commission Regular Meeting Minutes. CONSENT 203. Community Development Department — Planning Division 1) Requests The City Commission Adopt The Updated Official Future Land Use �-- Map (FLUM) And Official Zoning Map By The City Commission, And 2) Requests The City Commission Consider Revision Of Section 20-102. Of The Winter Springs Code Of Ordinances, To Allow The Use Of Current Technology In Maintaining The Official Maps Of The City. r r Commissioner McLeod stated, "As I looked at the maps, the contrast between the colors, I do not believe is deep enough. -I have trouble with the greens, when you look at the 'R- I AA' and `RC-1' and the `RU,' all those colors kind of flow together there - I would like to see us get into a little better contrast." Discussion. Commissioner McLeod left the dais at 6: 05 p.m. CONSENT 204. Public Works Department Requesting Supplemental Appropriation For A Handicap Accessibility Ramp In The City Hall Commission Chambers And Electronic Door Access For The City Hall Eastside Rear Door. CONSENT 205. Community Development Department - Arborist Request The City Commission Consider The Entrance Landscaping Plan For Barrington Estates. CONSENT 206. Office Of The City Manager Requesting The City Commission To Approve Issuance Of A R.F.P. For A Bank Qualified Non -Revolving Line Of Credit To Finance Municipal Projects Not To Exceed $2,500,000.00. CONSENT 207. Public Works Department Requesting Authorization To Enter Into An Interlocal Agreement With Seminole County For The Maintenance Of State Road 434 Landscaping, Hardscaping, And Streetlighting. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 8, 2003 PAGE 1 l OF 34 CONSENT 208. Not Used. CONSENT 210. Community Development Department- Planning Division Requests The City Commission Direct Staff To Transmit The Interlocal Service Delivery Agreements Report (ISDAR) To The Florida Department Of Community Affairs For Review And Comment. "MOTION TO APPROVE EXCEPT `207' - AND `209' - SUBJECT TO THE ATTORNEY'S COMMENTS.". MOTION BY COMMISSIONER MARTINEZ. SECONDED. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: AYE Commissioner McLeod returned to the dais at 6:06 p.m. COMMISSIONER McLEOD: AYE MOTION CARRIED. ❖ ❖ AGENDA NOTE: THE FOLLOWING CONSENT AGENDA WAS PULLED FOR INDIVIDUAL CONSIDERATION, AS DOCUMENTED. ❖ --.- CONSENT CONSENT 209. Parks and Recreation Department Requesting The City Commission's Approval To Proceed With The Temporary Paw Park On The Central Winds Expansion Property (Wincey) Per The Concept Plan. Discussion. - 64 XX71,1TTT "-L; KE-TO-:IHIVE1,A .I� Yd-%N IA3 WE-DO�PRRO�E-I3�15�A TEMPORARY SITE, AT THIS TIME." MOTION BY COMMISSIONER McLEOD. SECONDED BY DEPUTY MAYOR MILLER. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 8, 2003 PAGE 12 OF 34 "I THINK A GOOD DATE WOULD BE THE END OF THE FISCAL YEAR IN '07, THAT'S SEPTEMBER 30TH, 2007 AND THAT THAT DATE SHOULD BE DISPLAYED AT THE PARK, THAT THAT IS HOW LONG THIS TEMPORARY PARK WILL BE IN PLACE." COMMISSIONER BLAKE ADDED, "THIS IS A TEMPORARY PARK AND THE PARK WILL CEASE OPERATIONS AT THAT LOCATION ON SEPTEMBER 30, 2007." AMENDMENT TO THE MOTION BY COMMISSIONER BLAKE. SECONDED. DISCUSSION. VOTE: (ON THE AMENDMENT TO THE MOTION) COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: NAY COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR MILLER: AYE MOTION CARRIED. VOTE: (ON THE MOTION, AS AMENDED) COMMISSIONER McGINNIS: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: NAY COMMISSIONER McLEOD: AYE MOTION CARRIED. INFORMATIONAL INFORMATIONAL 300. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. Commissioner Martinez stated, "As far as the Oak Forest Unit 7 which I questioned at the last Meeting, there was a memo from the Arborist stating that this had been taken care of - so what I would like to suggest again is that this be removed from this item for the future." Mayor Bush said, "Also, you can remove the Colt Drive item too." Mr. Baker added, "Oak Forest still has a Plat issue." INFORMATIONAL 301. Information Services Wishes To Update The City Commission On The Status Of The I.T. [Information Technology] Created In Fiscal Year 2002. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 8, 2003 PAGE 13 OF 34 INFORMATIONAL 302. Police Department Informing The City Commission Concerning Undeveloped Properties And Possible Homeless Encampments. INFORMATIONAL 303. Not Used. INFORMATIONAL 304. Community Development Department - Arborist Requests The City Commission Consider Information About The Tree Replacement Plantings At 630 Cheoy Lee Circle. INFORMATIONAL 305. Public Works Department Responding To The City Commission On The Status Of Stormwater Ponds Maintenance Contract. Commissioner Martinez stated, "I spoke to Kip [Lockcuff, P.E., Public Works/Utility Department Director] before about the condition of a certain pond over there on Greenbriar Lane, and I know that people are going to say it is not true, but that pond has not been touched for a year." With brief discussion, Commissioner Martinez explained, "I am talking about the one right after the Greenbriar Wall and the entrance to the Golf Course..." Mr. Lockcuff added, "...On the Bentley Green side?" Commissioner Martinez stated, "Yes. On the Greenbriar side." INFORMATIONAL 306. Public Works Department Advising The City Commission Of The Status Of Various Capital Improvement Proiects. INFORMATIONAL 307. Parks And Recreation Department Informing The City Commission That Central Winds Park Has Been Selected As The Best High School/Parks Sports Complex In The Nation. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 8, 2003 PAGE 14 OF 34 INFORMATIONAL 308. Office Of The City Manager Advising The City Commission Of Capital Environmental Resources, Inc.'s (CER) Acquisition Of Florida Recycling Services, Inc. (FRS). Deputy Mayor Miller stated, "I would like to find out from the City Manager or whoever is in charge of monitoring that contract, are they supposed to pick up religiously, all year round, with no exceptions or not — because they missed Veteran's Day — and then also missed Thanksgiving." With further discussion, Manager McLemore commented that he thought that there were only a couple of exclusions. Deputy Mayor Miller then said to Manager McLemore, "Maybe you could check." Manager McLemore responded, "I will." Next, Commissioner Blake stated, "Of course we are already doing a review of Florida Recycling Services and with this transaction, this would give us a key opportunity to take an even more careful look and I am wondering if it might not be prudent at this point in time to go ahead and initiate the R.F.P. [Request for Proposal]" process, looking at some other Contractors as well as the new Contractor here?" Discussion ensued on right of assignment. Commissioner Blake stated, "Point of Order" and commented about the Motion. MOTION TO APPROVE INFORMATIONAL AGENDA. MOTION. SECONDED. DISCUSSION. VOTE: DEPUTY MAYOR MILLER: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. Mayor Bush called a recess at 6:30 p.m. The Meeting was called back at 6: 41 p.m. U CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING — DECEMBER 8, 2003 PAGE 15 OF 34 ❖ ❖ AGENDA NOTE: THE "AWARDS AND PRESENTATIONS" PORTION OF THE MEETING WAS HANDLED NEXT, AS DOCUMENTED. ❖ ❖ AWARDS AND PRESENTATIONS 100. Office Of The City Manager Presentation Of Employee Recognition Awards To City Of Winter Springs Employees. With the assistance of the City Commission, Mayor Bush and Manager McLemore presented Employee Recognition Awards to the following City of Winter Springs employees: 5 Years Of Service: Mr. Jason Junnier, Police Department; Ms. Valarie Mendelson, Police Department; Mr. Vincent Olech, Police Department; Mr. Russell Tew, Police Department; Mr. Clarence Graham, Utility Department; Mr. Don Watkins, Utility Department; and Mr. Dan Williams, Utility Department. Tape 2/Side A 10 Years Of Service: Ms. Constance Bayes, Police Department; Ms. Vivian Gould, Police Department; Ms. Tina Kimball, Parks and Recreation Department; and Mr. Tim Hillery, Utility Department. 15 Years Of Service: Mr. Thomas Broxton, Police Department; Mr. William Maxwell, Police Department; Mr. Mike Goodall, Utility Department; and Mr. Bruce Schneider, Public Works Department. 20 Years Of Service: Mr. Leonard Hadden, Public Works Department. 25 Years Of Service: Mr. Keith Guglielmello, Fire Department; and Mr. David Tryon, Fire Department. l-may:% CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 8, 2003 PAGE 16 OF 34 Mayor Bush called a recess at 6:54 p.m. The Meeting was called back to order at 7: 04 p.m. Commissioner McLeod personally thanked the Fire and Police Departments for their professional and speedy response recently at his residence. ❖❖ AGENDA NOTE: THE MAYOR AND CITY COMMISSION AGAIN -` HEARD PUBLIC INPUT, FOLLOWED BY THE REST OF THE AGENDA AS DOCUMENTED. ❖ ❖ �= ) PUBLIC INPUT -A Ms. Joan Schmuck, 307 Woodgreen Lane, Winter Springs, Florida: spoke on the _ proposed Dumpster Ordinance. Manager McLemore returned to the Commission Chambers at 7: 05 p.m. Commissioner Blake returned to the Commission Chambers at 7: 06 p.m. Ms. Angela Aikens, 119 Brookshire Court, Winter Springs, Florida: spoke of a new puppy and thanked the City Commission for their approval of the Consent Agenda Item related to the Paw Park. Ms. Barbara Aikens, 119 Brookshire Court, Winter Springs, Florida: also thanked the City Commission for approving the Paw Park Consent Agenda Item. Mr. John O'Rourke, 206 Blue Creek Drive, Winter Springs, Florida: spoke in favor of the Patriot Act. Ms. Loretta Ames, 150 3"" Street, East, Winter Springs, Florida: — did not formerly address the City Commission but Mayor Bush noted that Ms. Ames was in favor of the Paw Park. Mr. Bob Rucci, 973 Turkey Hollow Circle, Winter Springs, Florida: also thanked the City Commission for their approval of the Consent Agenda Item on the Paw Park. Mayor Bush spoke about Miss Junior Winter Springs City Queen, Deanna Davis. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 8, 2003 PAGE 17 OF 34 PUBLIC HEARINGS PUBLIC HEARINGS 400. Community Development Department Requests The City Commission Consider A Request For A Conditional Use Within The City Of Winter Springs RC -I Zoning District (Residential Rural FLU Designation), To Allow An 988 Square Foot (First Floor Foot -Print — 2,127.5 Square Foot Total Area) Detached Accessory Structure Beside The Residence At 230 Arnold Lane. Mr. John Baker, AICP, Senior Planner, Community Development Department spoke on this Agenda Item. Discussion. Mr. Clifton Gorenflo, 230 Arnold Lane, Winter Springs, Florida: addressed the City Commission. Mayor Bush opened the "Public Input "portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. "I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE ITEM `400'." MOTION BY DEPUTY MAYOR MILLER. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: DEPUTY MAYOR MILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. PUBLIC HEARINGS 401. Community Development Department Presents To The City Commission A Request For A Conditional Use To Allow Multiple -Family Dwellings In The C-1 (Neighborhood Commercial) Zoning District, Pursuant To Section 20-234. Of The Zoning Chapter Of The City Code Of Ordinances. Mr. Baker presented this Agenda Item to the City Commission. F- CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 8, 2003 PAGE 18 OF 34 Manager McLemore spoke for the record about "Fee Simple Ownership townhomes." Discussion. Mr. Thomas Corkery, 759 Bear Creek Circle, Winter Springs, Florida: spoke on his proposed project and stated, "The Conceptual plan is 88 townhome units. We're looking at pricepoints starting at $154,000.00 to around $190,000.00. Square foot we are looking at 1289 square feet, 1550 and 1900 — this is our architectural design of the exterior of the units which I like. I hope you do too." Commissioner Blake inquired, "You are going to have to do some road improvements on c= [State Road] 434... T' Mr. Corkery responded, "...I am. We're looking right now at about a 300 foot - tapered to a turn lane which would be a right -in to the project, and also some striping for the median, `cause it's actually three (3) lanes there at the entrance of `- 1 the property — about Mac KINLEY'S MILL over to Barrington Estates. The Traffic -' Study came in and that is what it called for." With further discussion, Mr. Corkery stated, "This is our conceptual and right now being designed entrance feature. I am also a part owner of a Design -Build Landscape Architectural firm. I am very tree oriented. I love trees - and we are planning — could be difficult to see — entranceway, the fountain for our retention pond is — as the people drive into the project, we will have a beautiful landscaping - this is a stone entrance feature on both. We have a lot of brick in this City and I am more fond of stone so I would like, with your approval, to do a stone entranceway with a median cut here and this will be all exterior designed lighting on the outside of the entrance feature, with a loop down in the middle, so that will be our entrance view, coming into the project. I will try to preserve as many trees as I can on this piece of property, and well above what the City orders. I love trees. It really brings more value to my homes and projects than not having trees." Mr. Corkery added, "For townhome units, what we have to take down, which we will be allowed to take down and what I can't preserve, we'll be replacing the trees ourselves." Mayor Bush opened the "Public Input "portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. "MOVE. TO APPROVE.." MOTION RV COMMISSIO-NER—MARTIN-EZ SECONDED BY DEPUTY MAYOR MILLER. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 8, 2003 PAGE 19 OF 34 VOTE: COMMISSIONER McGINNIS: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. PUBLIC HEARINGS 402. Community Development Department — Planning Division Requests That The City Commission Consider First Reading Of Ordinance 2003-40 Amending Section 9-281. Of The Winter Springs' Code To Allow For Vinyl As An Acceptable Dumpster Screening Material For Existing Businesses Which Need To Come Into Compliance With Section 9-281. By March 1, 2004, And Requests That The City Commission Adopt Standard Details To Be Made Available To These Existing Businesses And That They Exempt These Businesses From Compliance With The Zoning Setback Requirements Generally Applied To Accessory Buildings And Structures. "I WOULD LIKE TO MAKE A MOTION TO READ BY `TITLE' ONLY." MOTION BY COMMISSIONER McLEOD. SECONDED. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" only. Commissioner McLeod stated, "Who certified these drawings?" Ms. Eloise Sahlstrom, ASLA, AICP, Senior Planner, Community Development Department stated, "The City's Consulting Engineer." Commissioner McLeod then asked, "Is that Engineer then going to stamp that or do you have a letter of record on file Ron [McLemore] that he has done that, and that there should be a date on this drawing as well _ so it can be tracked if anything ever changes on it?" Commissioner McLeod then stated, "I do think that if we are going to do it, we need a letter of record from that Engineer certifying these drawings - these drawings needs to have a date certain on the drawings." Ms. Sahlstrom stated, "It's my understanding that there would not be a problem with him doing that. I think he understands that that's what we want." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING — DECEMBER 8, 2003 PAGE 20 OF 34 Discussion. Ms. Sahlstrom pointed out that, "In my request to you this evening, I state existing businesses which need to come into compliance, this does also include some multi -family affected properties. The Ordinance is correct in the way it is written." Mayor Bush opened the "Public Input "portion of the Agenda Item. Ms. Joan Schmuck, 307 Woodgreen Lane, Winter Springs, Florida: spoke about engineering related to this Agenda Item. Mr. Ned Voska, 1446 Whitehall Boulevard, Winter Springs, Florida: also spoke on this issue. Mayor Bush closed the "Public Input" portion of the Agenda Item. "I WILL MAKE A MOTION TO MOVE TO SECOND READING." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY DEPUTY MAYOR MILLER. DISCUSSION. VOTE: COMMISSONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED Tape 2/Side B PUBLIC HEARINGS 403. Community Development Department/Office Of The City Attorney Requests The City Commission Consider Second Reading/Adoption Of Ordinance 2003-06, Relating To The Regulation Of Signs (Particularly The Future Use Of Exposed Neon Tubing) Within The City. Attorney Garganese read the Ordinance by "Title" only. Commissioner McGinnis left the dais at 7:41 p.m. Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 8, 2003 PAGE 21 OF 34 Mayor Bush closed the "Public Input" portion of the Agenda Item. "I WOULD LIKE TO MAKE A MOTION WE ADOPT ORDINANCE NUMBER 2003-06." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: c J 1 COMMISSIONER BLAKE: AYE COMMISSIONER MCLEOD: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR MILLER: AYE - Commissioner McGinnis returned to the dais at 7:43 Am. COMMISSIONER McGINNIS: AYE MOTION CARRIED PUBLIC HEARINGS 404. Office Of The City Attorney/Community Development Department - Planning Division Requests That The City Commission Approve On First Reading Of Ordinance Number 2003-42 Annexing Approximately Nine (9) Acres More Or Less Located On State Road 434 Adjacent To Central Winds Park. "MOTION TO READ BY `TITLE' ONLY." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY DEPUTY MAYOR MILLER. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE DEPUTY MAYOR MILLER: AYE MOTION CARRIED Attorney Garganese read Ordinance 2003-42 by "Title" only. scussion. Mayor Bush opened the "Public Input "portion of the Agenda Item. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 8, 2003 PAGE 22 OF 34 No one spoke. Mayor Bush closed the "Public Input " portion of the Agenda Item. "I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE ITEM `404' — TO SECOND READING." MOTION BY DEPUTY MAYOR MILLER. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: DEPUTY MAYOR MILLER: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED PUBLIC HEARINGS 405. Office Of The City Attorney Requests That The City Commission Approve On First Reading Ordinance Number 2003-41, Amending Chapter 10, Article III., Adult Entertainment Establishments, Related To Adult Entertainment Establishments And Sexually Oriented Businesses And More Specifically Regarding Legislative Findings, Licensing, Conduct Regulations, And Penalties. "MOTION TO READ BY `TITLE' ONLY." MOTION BY COMMISSIONER MARTINEZ. SECONDED. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED Attorney Garganese read the Ordinance by "Title" only. Discussion Commissioner Blake questioned "Section 10-83. (a) 11 — page 53." Attorney Garganese stated, "If you want to make that gender neutral I don't have a problem with making that change." Mayor Bush then asked if the City Commission was in agreement with Commissioner Blake's suggestion. With brief discussion, Mayor Bush summarized "The consensus of the Commission was it could be changed." r r- CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 8, 2003 PAGE 23 OF 34 Mayor Bush opened the "Public Input"portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input " portion of the Agenda Item. "MOTION TO APPROVE [PUBLIC HEARINGS] `405' FROM THE FIRST READING TO A SECOND READING - WITH THE CHANGES POINTED OUT BY COMMISSIONER BLAKE." MOTION BY DEPUTY MAYOR MILLER. SECONDED BY COMMISSIONER MARTINEZ. COMMISSIONER McGINNIS ADDED, "THAT IS ONLY ON PAGE 53. WOULD THAT AFFECT OTHER CLAUSES IN THIS DOCUMENT. SHOULD THEY ALL BE GENDER NEUTRAL?" ATTORNEY GARGANESE STATED, "I WILL GO BACK AND JUST DOUBLE CHECK." DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED PUBLIC HEARINGS 406. Office Of The City Attorney Requests That The City Commission Approve On First Reading Ordinance Number 2003-43 Establishing Minimum Standards For Community Appearance And Aesthetic Review Of Land Development Projects. "MOTION TO READ BY `TITLE' ONLY." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE DE : AYE MOTION CARRIED Attorney Garganese read the Ordinance by "Title" only. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 8, 2003 PAGE 24 OF 34 Brief discussion. Mayor Bush opened the "Public Input "portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input "portion of the Agenda Item. Deputy Mayor Miller remarked about "Page 4 of 8, at the very bottom, item Ltj" and _;== L. J :' - stated, "I don't know if we should leave the `(at his sole discretion)' in there". Discussion. Mayor Bush again opened the "Public Input" portion of the Agenda Item._; No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. "MOTION TO APPROVE ORDINANCE NUMBER 2003-43 ON FIRST READING AND MOVE TO SECOND READING." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. DEPUTY MAYOR MILLER AMENDED THE MOTION TO .REMOVE "(at his sole discretion)". AMENDMENT TO THE MOTION BY DEPUTY MAYOR MILLER. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: (ON THE AMENDMENT TO THE MOTION) COMMISSIONER MARTINEZ: AYE COMMISSIONER McGINNIS: NAY COMMISSIONER McLEOD: NAY COMMISSIONER BLAKE: AYE DEPUTY MAYOR MILLER: AYE MOTION CARRIED. VOTE: (ON THE MOTION, AS AMENDED) DEPUTY MAYOR MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING — DECEMBER 8, 2003 PAGE 25 OF 34 REGULAR REGULAR 500. Community Development Department Recommends The City Commission Hear A Request By Kinder Kampus�, Inc. For An Approximately 8 Foot Variance From Section 20-486. (Please See Ordinance Number 2000-17) Of The City Code Of Ordinances, To Authorize A New Monument Sign To Be Constructed Approximately 2 Feet From The State Road 434_=' Right -Of -Way - Closer Than 10 Feet From The State Road 434 Right -Of -Way, Within The State Road 434 Redevelopment Overlay Zoning District. t= Mr. Baker presented introductory comments related to this Agenda Item. With discussion on the entry features and setbacks, Commissioner Blake stated, "If you �= look at the picture — I think that a solution - needs to be looked at." Tape 3/Side A Further discussion ensued on possibly removing the entry features. Mr. Keith Stokes, 640 East State Road 434, Winter Springs, Florida: as the owner of Kinder Kampus, Inc., Mr. Stokes commented on this issue. With discussion, Mayor Bush suggested, "I would like to see you Table this" and have Staff check on the ownership of the entry features. "MOTION TO TABLE THIS ITEM." MOTION BY DEPUTY MAYOR MILLER. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. Commissioner Blake stated, "Point of Order and spoke of the Motion on the floor. VOTE: DEPUTY MAYOR MILLER: AYE COMMISSIONER BLAKE: NAY COMMISSIONER McLEOD: NAY COMMISSIONER MARTINEZ: AYE COMMISSIONER McGINNIS: NAY MOTION DID NOT CARRY. Further discussion. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING — DECEMBER 8, 2003 PAGE 26 OF 34 Commissioner McLeod suggested, "I think we need to know let Staff know where the sign would be accepted by this Commission with a Variance." Mayor Bush added, "I think what the Commissioner is saying is that Staff would come back with a recommendation that meets the intent of the Ordinance and help the business person get his sign to where it can be seen." "MOTION TO TABLE." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY DEPUTY MAYOR MILLER. DISCUSSION. r- 1 VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR MILLER: AYE - MOTION CARRIED. Manager McLemore then said to Mr. Stokes, `Be here the first Meeting of January." REGULAR 501. Community Development Department Recommends The City Commission Hear A Request By Dr. Pete Corum For A 3 Foot Variance From The 10 Foot Setback Requirement Of Section 20-486. (Please See Ordinance Number 2000-17) Of The City Code Of Ordinances, To Authorize A New Monument Sign To Be Constructed Within The State Road 434 Redevelopment Overlay Zoning District. Mr. Baker opened this Agenda Item for discussion. Mr. Kenneth Soday, Orlando, Florida: spoke on behalf of Dr. Pete G. Corum, regarding signage and setbacks. Discussion. Commissioner McLeod said, "Why could not a sign of this nature be worked into this planter section here?" Commissioner McLeod then suggested, "Maybe — cut these planters down and use that as your base to put the top part of the sign on." Discussion. Tape 3/Side B Further discussion. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 8, 2003 PAGE 27 OF 34 "I WILL MAKE THE MOTION THAT WE APPROVE THIS VARIANCE REQUEST ON THIS SIGN." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. DEPUTY MAYOR MILLER STATED, "I WOULD LIKE TO SEE US TABLE THIS AND HAVE THE CITY MANAGER AND STAFF COME BACK AND SEE IF THERE AREN'T SOME ALTERNATIVES THAT ARE POSSIBLE." COMMISSIONER MARTINEZ STATED, "WE SHOULD GO AHEAD AND c— GIVE STAFF AND THE [CITY] MANAGER AN OPPORTUNITY TO SIT DOWN WITH THESE FOLKS AND TRY AND WORK OUT SOMETHING FEASIBLE AND APPEALING AT THE SAME TIME." COMMISSIONER McGINNIS ADDED, "IT SEEMS THAT YOU ARE VERY WILLING TO WORK c WITH THE CITY AND COME BACK WITH SOME OPTIONS, AND OPEN UP THAT TWO-WAY DIAGLOGUE THERE BETWEEN THE CITY, AND I A1VI SURE THERE ARE SOME CREATIVE CHOICES THAT WE HAVEN'T ' �= LOOKED AT AND YOU HAVEN'T EITHER, SO I WOULD LIKE TO SEE IT COME BACK." VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: NAY COMMISSIONER McGINNIS: NAY DEPUTY MAYOR MILLER: NAY COMMISSIONER BLAKE: AYE MOTION DID NOT CARRY. "I MAKE A MOTION THAT WE INSTRUCT STAFF TO BRING THIS ITEM BACK, WORK WITH THE CITY MANAGER AND STAFF AND SEE IF WE CAN'T WORK OUT SOME ALTERNATIVE THAT MIGHT BE IN THE BEST INTEREST OF NOT ONLY THE APPLICANT, BUT THE CITY CODE THAT APPLIES TO THIS CORRIDOR - AT THE FIRST MEETING IN JANUARY." MOTION BY DEPUTY MAYOR MILLER. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: DEPUTY MAYOR MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 8, 2003 PAGE 28 OF 34 REGULAR 502. Community Development Department. Requests The City Commission Validate The Staff Recommendation Finding The Barrington Estates Subdivision Built In Substantial Accordance With The Final Engineering And To Accept The Potable Water And Sanitary Sewer Infrastructure For Ownership And Maintenance. "MOTION TO APPROVE." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY DEPUTY MAYOR MILLER. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. REGULAR 503. Not Used. REGULAR 504. Not Used. REGULAR 505. Office Of Deputy Mayor Robert S. Miller Requesting The City Commission To Consider Appointing An Alternate Member To The U.S. 17-92 Redevelopment Planning Agency. Mayor Bush stated, "`505' was Tabled." REGULAR 506. Office Of The City Clerk Requests That Appointments Be Made To The 2004 City Of Winter Springs Districting Commission. NOTE: Some of these requested Appointments were made during ",Reports". CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 8, 2003 PAGE 29 OF 34 REGULAR 507. Not Used. REGULAR 508. Community Development Department — Planning Division/Planning And Zoning Board Wishes To Update The City Commission On The Recently Held Visioning Workshops (Presentation By Ms. Joanne Krebs) And Requests That The City Commission Consider The Recommendations Of The Planning And Zoning Board Based On Their Recent Visioning Exercises, By — 1 — Proceeding With An r�;1 Ordinance Establishing A New Zoning District For Belle Avenue, And 2 — Scheduling A Workshop To Consider The Other Recommendations. Y Ms. Sahlstrom introduced this Agenda Item. Ms. Joanne Krebs, Member of the Planning And Zoning Board/Local Planning Agency gave a presentation to the City Commission related to this Agenda Item. Discussion. "THE RECOMMENDATION FROM STAFF IS TO DIRECT THE CITY ATTORNEY TO BEGIN TO PREPARE AN ORDINANCE BOTH FOR THE BELLE AVENUE INDUSTRIAL AREA AND FURTHER TO LOOK FORWARD TO A WORKSHOP TO CONSIDER ADDITIONAL RECOMMENDATIONS OF THE PLANNING COMMISSION — WHAT THEY HAVE DONE ON THIS - AND I WOULD THINK THAT SEEMS MOST APPROPRIATE AT THIS TIME, AND I WILL MAKE THE MOTION TO ACCEPT THE ITEM." MOTION BY COMMISSIONER BLAKE. SECONDED. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. Mayor Bush stated -"May-be at the n 1Vlee�ing, we can set the�ic at�Ie or shop." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 8, 2003 PAGE 30 OF 34 REGULAR 509. Office Of The City Clerk Requests That The City Commission Consider Nominating The Next Deputy Mayor As Stipulated In The Charter Of The City Of Winter Springs, Consistent With Actions In The Past. Commissioner McGinnis spoke on this Agenda Item.? COMMISSIONER McGINNIS STATED, "I AM RECOMMENDING COMMISSIONER MARTINEZ SERVE THIS TERM AS DEPUTY MAYOR - I``�i MOVE. THAT IS MY MOTION." MOTION BY COMMISSIONER MCGINNIS. SECONDED BY DEPUTY MAYOR MILLER. DISCUSSION. ci COMMISSIONER McLEOD STATED, "I WOULD LIKE TO MAKE A RECOMMENDATION THAT COMMISSIONER BLAKE SIT AS DEPUTY MAYOR." MAYOR BUSH STATED, "WE ARE VOTING ON YOU [COMMISSIONER MARTINEZ] AS DEPUTY MAYOR. THAT IS THE ONLY MOTION ON THE FLOOR." VOTE: DEPUTY MAYOR MILLER: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: NAY COMMISSIONER McLEOD: AYE MOTION CARRIED. REGULAR 510. Not Used. REGULAR 511. Not Used. REGULAR 512. Office Of The City Clerk Requests That Deputy Mayor Robert S. Miller Make An Appointment To The Beautification Of Winter Springs Board. This Agenda Item was discussed under "Agenda Changes" and during some "Reports." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 8, 2003 PAGE 31 OF 34 REGULAR 513. Not Used. REGULAR 514. Office Of The City Attorney Requests The City Commission (1) Consider Accepting A Quit Claim Deed From Richland Tuscawilla, Ltd. For Ownership Of Colt Drive, Located Within Tuscawilla, And (2) Provide Direction Regarding Acceptance Of A Parcel Owned By Pulte Home Corporation. "MOTION TO APPROVE." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY DEPUTY MAYOR MILLER. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR MILLER: AYE MOTION CARRIED. Attorney Garganese stated in regards to the second part of this Agenda Item, "Does that include part 2 of Item `514' — providing direction regarding the acceptance of a parcel owned by Pulte Homes"? "I WILL MAKE A MOTION THAT WE ACCEPT THE SECOND PORTION OF ITEM `514' ON TODAY'S AGENDA." MOTION BY COMMISSIONER MARTINEZ. SECONDED. DISCUSSION. VOTE: DEPUTY MAYOR MILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. C�� CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 8, 2003 PAGE 32 OF 34 ❖ ❖ AGENDA NOTE: THE FOLLOWING TWO (2) AGENDA ITEMS WERE HEARD IN THE ORDER AS DOCUMENTED. ❖ ❖ REGULAR REGULAR 516. Office Of The City Attorney Requests That The City Commission Provide Direction On The Possible Regulation Of Adult Gaming Arcades. �- Discussion. �e MOTION "THAT WE INSTRUCT THE ATTORNEY TO DRAFT — AN ORDINANCE REGULATING ADULT GAMING ARCADES IN LIGHT OF RECENT NEWS REPORTS REGARDING CASINO TYPE GAMING ROOMS WHICH ARE OPENING AROUND THE STATE OF FLORIDA AND BRING IT - TO US AS SOON AS HE HAS IT READY." MOTION BY DEPUTY MAYOR MILLER. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. ATTORNEY GARGANESE SAID "I WILL GET THE ORDINANCE TO YOU REGULATING ADULT ARCADES AT THE SAME TIME THAT I CAN BRING YOU A MORATORIUM ORDINANCE FOR FIRST READING." VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. REGULAR 515. Office Of Deputy Mayor Robert S. Miller Requests That The City Commission Consider Adopting A Resolution Opposing The USA Patriot Act Adopted By The United States Congress. The City Attorney Has Compiled The Information Attached To This Agenda Item. — Discussion - Tape 4/Side A CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 8, 2003 PAGE 33 OF 34 Discussion. MOTION "THAT WE DO NOT SPEND THE MONEY TO GO FORWARD ADOPTING A RESOLUTION OPPOSING THE [USA] PATRIOT'S ACT." MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR MILLER: NAY COMMISSIONER McGINNIS: NAY COMMISSIONER McLEOD: AYE MOTION CARRIED. ❖ ❖ AGENDA NOTE: THE FOLLOWING ADD -ON ITEM WAS HEARD AT THIS TIME, AS DOCUMENTED. ❖ ❖ REGULAR ADD -ON City Clerk's Review. Commissioner Blake handed out a document and discussion ensued. "I WOULD LIKE TO MAKE A PROPOSAL THAT WE SET HER SALARY AT $57,000.00." MOTION BY DEPUTY MAYOR MILLER. MOTION DIED FOR LACK OF A SECOND. Further discussion. "I THINK THAT BASED ON WHAT OTHER CITIES ARE PAYING THEIR CLERKS HERE, I WOULD RECOMMEND MOVING HER TO $62,000.00." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING — DECEMBER 8, 2003 PAGE 34 OF 34 VOTE: COMMISSIONER McGINNIS: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. kk Ik Mayor Bush then asked, "When will that be effective?" Commissioner Blake stated, "On her anniversary date which would be - September" 271h. Furthermore, Commissioner Blake added, "Which means she will receive retroactive pay for those two (2) months,' which is normal practice."-� ADJOURNMENT Mayor Bush adjourned the Meeting at 10:35 p.m. RESPECTFULLY SUBMITTED: ANDREA LORENZO-LUACES, CMC CITY CLERK APPROVED: JOHN F. BUSH MAYOR NOTE: These Minutes were approved at the 2004 Regular City Commission Meeting.