HomeMy WebLinkAbout2004 02 09 Consent 211
COMMISSION AGENDA
ITE~~ 211
Consent X
Informational
Public Ilearings
Regular
February 09. 2004
Regular Meeting
Mgr. / Dept.
Authorization
CONSENT
211. Office Of The ci~y Clerk
Approval Of The January 26, 2004 City commissiolll Regular Meeting Minutes.
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CITY OF WINTER SPRINGS
MINUTES.
CITY COMMISSION
REGULAR MEETING
JANUARY 26,2004
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CALL TO ORDER
The Regular Meeting of Monday, January 26,2004 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).
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ROLL CALL:
Mayor John F. Bush, pJesent
Deputy Mayor Edward Martinez, Jr., present
Commissioner Robert S. Miller, present
Commissioner Michael S. Blake, present
Commissioner Sally McGinnis, present
Commissioner David W. McLeod, present
City Manager Ronald VI. McLemore, present
City Attorney Anthony A. Garganese, arrived at 6:32 p.m.
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After a moment of silence, Mayor Bush led the Pledge of Allegiance.
Under "Agenda Changes," Mayor Bush stated that the City Attorney has requested
[Public Hearings Agenda Item "406"] "That this be pulled."
AWARDS AND PRESENTATIONS
None.
PUBLIC INPUT
Mr. Robert Keith, 106 Stone Gable Circle, Winter Springs, Florida: addressed Regular
Agenda Item' 500', and noted this Agenda Item should be approved.
City Attorney Anthony A. Garganese arrived at 6:32 p.m.
Mr. Mervin Warner, 673 Keuka Court, Winter Springs, Florida: speaking on behalf of
the Code Enforcement Board, Mr. Warner spoke on recent arbor issues and related fines
discussed by the Code Enforcement Board.
Discussion.
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - JANUARY 26, 2004
PAGE 2 OF 30
Mr. Gerald S. Rogers. 616 Pearl Road, Winter Springs, Florida: representing the Winter
Springs VFW, Mr. Rogers commented on the materials used for dumpster enclosures,
and asked if they could use steel rather than the suggested aluminum.
Discussion ensued on the minimum requirements and City Manager Ronald W.
McLemore stated, "Those are minimum requirements to make sure you meet the wind
load requirements, and I think on a case by case basis you could submit - alternate types
of plans, as long as they meet the wind load characteristics. That's the way I read the
rules."
With further discussion, Commissioner David W. McLeod said to Manager McLemore,
"Normally, they are done in the steel rather than aluminum so our drawings are a little
backwards to what I normally see out there. I would suggest that we go back to whoever
did the drawings for us, find out what a supplement in the comer of that drawing would
take to have it be steel or aluminum." Commissioner McLeod added, "Let's find out
what it would take to have the Engineer look at this and put steel on there - as an
alternative. "
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Commissioner Michael S. Blake stated, "Point of Order", and spoke on this matter being
a Public Hearings Agenda Item.
CONSENT AGENDA
CONSENT
200. Fire Chief! Acting Risk Manager
Requests That The City Commission Authorize The Execution Of A Contract For
Physician Services "lith Florida Physicians Medical Group, 661 East Altamonte
Drive, Suite 115, Altamonte Springs, Florida 32701.
CONSENT
201. Office Of The Mayor
Resolution Number 2004-04 - A Resolution Of The City Of Winter Springs, Florida,
Expressing Appreciation To John Herbert For His Service On The Board Of
Adjustment.
CONSENT
202. Utility Department
Requesting Authorization To Purchase One (1) Compact Hydraulic Excavator By
Piggybacking Off Of GSA Federal Supply Contract: Number GS-30F-1001D.
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - JANUARY 26,2004
PAGE 3 OF 30
CONSENT
203. Parks And Recreation Department
Requesting The City Commission To Authorize The City Manager To Execute The
Florida Department Of Environmental Protection, Land & Water Conservation
Fund Program, Projject Grant Agreement For The Acquisition Of The Central
Winds Park Expansion Property (Wincey Property).
Commissioner Robert S. Miller said, "I would like to see Staff come back with some kind
of a Presentation in the next - month or two (2) on what is being planned to be put into
all this park property." Commissioner Miller added, "At least I would like to see some
information brought back on that, if none of the other Commissioners are interested - I
would like to see it - just give me a call whenever you have got it. I will come in and
look at it." Commissioner Miller then said, "I think it might be beneficial for the whole
Commission to get an Informational Item on it." Furthermore, Commissioner Miller
explained, "I want to make sure I understand what is going in there, when and where and
the timing." Commissioner McLeod stated, "I also would like to see how we are now
laying this thing out, because I do remember there are supposed to be some practice fields
on that part of it." Commissioner McLeod added that the Commission asked to buy this
property so as "To extend the Park out to have some fields that the general public at large
could play on."
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Manager McLemore stated, "The twenty-seven (27) acres has definitely been
programmed and approved by this Commission as to what goes there, and - you're right,
that is almost 100 percent practice area - so, we'll be happy to bring that back to you."
CONSENT
204. Office Of The City Clerk
Approval Of The January 12, 2004 City Commission Regular Meeting Minutes.
With some opening remarks, Deputy Mayor Edward Martinez, Jr. addressed Regular
Agenda Item "501" on pages 14 and 15 and related to the third Motion under Regular
Agenda Item "SOT' noted on page 15, Deputy Mayor Martinez specific.ally spoke about
the third Motion under this Agenda Item and said, "It doesn't show there who made the
Motion or what the Motion is." Attorney Garganese stated, "You are correct, that -
whoever makes the Motion should be identified in the Minutes. The "Second" should be
identified in the Minu(es and then the actual Vote should be identified in the Minutes.
So, I am sure the City Clerk can just insert who made that Motion." Commissioner Blake
stated, "I think I made that Motion."
"MOTION TO APPROVE CONSENT AGENDA - WITH CHANGES." MOTION
BY DEPUTY MAYOR MARTINEZ. MAYOR BUSH STATED, "SECONDED BY
COMMISSIONER MILLER." DISCUSSION.
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - JANUARY 26, 2004
PAGE 4 OF 30
VOTE:
COMMISSIONER McLEOD: AYE
DEPUTY MAYOR MARTINEZ: AYE
COMMISSIONER B:LAKE: AYE
COMMISSIONER McGINNIS: AYE
COMMISSIONER MILLER: AYE
MOTION CARRIED.:,
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INFORMATIONAL AGENDA
INFORMATIONAL
300. Community Development Department
Advising The City Commission Of The Status Of Various Current Planning
Projects.
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Commissioner Miller asked about the "Moss Road Townhomes" noted on page 2 of this
Agenda Item and asked "Is this going to be a Homeowner's Association type community,
or not?" Commissioner Miller then said, "Would you check and get back to us on that - I
would like to see this and make sure it is a Homeowner's Association." Furthermore,
Commissioner Miller stated, "If this applicant does not intend to have a Homeowner's
Association, I would like to get that on the Table for discussion, as soon as possible."
INFORMATIONAL
301. Public Works Department
Advising The City Commission On The Status Of Various Capital Improvement
Projects.
Commissioner Miller remarked about the "'Main Street/Hickory Grove Streetscape' - we
saw the original layout for the Town Center a long time ago with conceptuals. I would
like to see something brought back to us, in informational nature on this, where we are on
this right now." Commissioner Miller added, "I would like to see an Informational Item
on this, maybe even a brieting by Staff." Manager McLemore said to Mr. Kip Lockcuff,
P.E., Public Works/Utility Department Director, "This need an Update on that anyhow."
Mr. Lockcuffresponded, "Okay."
Deputy Mayor Martinez said to Manager McLemore, "Why didn't you produce the
Informational Item I requested at the last Meeting, which you said you would provide at
this Meeting regarding Wyman Fields and the financial status"? Manager McLemore
responded, "We're not ready with that yet, but we will be by your next Meeting."
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - JANUARY 26, 2004
PAGE 5 OF 30
INFORMATIONAL
302. Utility Department
Informing The City Commission On The Potable Water Usage For 2003.
Deputy Mayor Martinez stated, "I just wanted to extend my congratulations to the Utility
Department and especially to the residents of Winter Springs for their restraint and their
use of our water."
INFORMATIONAL
303. Not Used.
INFORMATIONAL
304. Police Department
Informing The City Commission That The Winter Springs Police ])epartment Will
Be Assisting With Coordination Of The American Cancer Society Relay For Life.
INFORMATIONAL
305. Finance Department
Informing The Commission Of Improvements In Utility Billing.
"MOTION TO APPROVE." MAYOR BUSH STATED, "WE HAVE A MOTION
TO APPROVE THE INFORMATIONAL ITEMS." MOTION BY ])EPUTY
MAYOR MARTINEZ. SECONDED BY COMMISSIONER McGINNIS.
DISCUSSION.
VOTE:
COMMISSIONER BLAKE: AYE
COMMISSIONER McLEOD: AYE
DEPUTY MAYOR MARTINEZ: AYE
COMMISSIONER lVIcGINNIS: AYE
COMMISSIONER MILLER: AYE
MOTION CARRIED.:.
PUBLIC HEARINGS AGENDA
PUBLIC HEARINGS
400. Community D(~velopment Department - Planning Division/Planning And
Zoning Board/Office of the City Attorney
Requests The City Commission Hold A Public Hearing For First Reading Of
Ordinance 2004-02, Establishing A New Zoning District Entitled "CC - Commerce
Center".
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CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - JANUARY 26, 2004
PAGE 6 OF 30
Mayor Bush stated, "Can we have a Motion to read by 'Title' only."
"SO MOVED." MOTION BY DEPUTY MAYOR MARTINEZ. SECONDED BY
COMMISSIONER McGINNIS. DISCUSSION.
VOTE:
DEPUTY MAYOR MARTINEZ: AYE
COMMISSIONER McLEOD: AYE
COMMISSIONER McGINNIS: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER MILLER: AYE
MOTION CARRIEI~
Attorney Garganese read the Ordinance by "Title" only.
Ms. Eloise Sahlstrom, AS LA, AICP, Senior Planner, Community Development
Department briefly 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.
Deputy Mayor Martinez spoke to Attorney Garganese on Item ill ill on page 3 of 6 -
"Artists:", and said, '''Artists' could develop into many, many things that may be
undesirable. Should that be clarified?" Attorney Garganese responded, "We certainly
can clarify that." With di.scussion, Mayor Bush stated, "Is the rest of the Commission in
agreement with the Commissioner Martinez' recommendation?" Commissioner Blake
stated, "I think it is a good idea." Commissioner McLeod added, "Definitely a good
idea." No objections were voiced.
Commissioner Blake said to Attorney Garganese, "Is there a better way to talk about the
impacts of an activity and control the Zoning Districts that way." With brief discussion,
Mayor Bush stated, "Since Anthony [Garganese] is going to make this one change on the
"Artists:", maybe at the same time you could check into what Commissioner Blake is
saying." Discussion.
Further discussion.
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CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - JANUARY 26, 2004
PAGE 7 OF 30
"MOTION TO MOVE TO SECOND READING - REMINDING THE CITY
ATTORNEY OF THE SUGGESTED CHANGES BY THE COMMISSION."
MOTION BY HEPUTY MAYOR MARTINEZ. SECONDED BY
COMMISSIONER .MILLER. DISCUSSION. MAYOR BUSH REITERATED
THE MOTION AS "MOTION BY COMMISSIONER MARTINEZ TO MOVE
THIS ITEM TO SECOND READING WITH THE ATTORNEY'S ADDITIONAL
WORK ON THE 'ARTISTS:' CATEGORY."
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VOTE:
COMMISSIONER McGINNIS: AYE
DEPUTY MAYOR MARTINEZ: AYE
COMMISSIONER l\1cLEOD: AYE
COMMISSIONER l\lILLER: AYE
COMMISSIONER ElLAKE: AYE
MOTION cARRIEn.
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PUBLIC HEARINGS
401. Public Works Department
Requests That The City Commission Consider The Second Readill1g,Of Ordinance
2004-01 Amending Chapter 19, Article V, Of The City Code Of Ordinances,
Entitled Stormwater Management Utility.
Attorney Garganese read the Ordinance by "Title" only.
Mr. Lockcuffbriefly addressed this Agenda Item.
Mayor Bush opened the "Public Input" portion of the Agenda Item.
Tape lISide B
No one spoke.
Mayor Bush closed the "Public Input" portion afthe Agenda Item.
Commissioner Blake asked Mr. Lockcuff, "Are we billing FDOT [Florida Department of
Transportation] for any Stormwater Fees currently?" Mr. Lockcuff responded, "No."
With discussion, Manager McLemore said, "If you will recall, we - had made several
Amendments to the Utility Ordinance." Furthermore, Manager McLemore stated, "If you
want us to review that, we can." Commissioner Blake remarked, "It might be helpful."
"MOTION TO APROVE ITEM '401'." MOTION BY DEI)UTY MAYOR
MARTINEZ. SECONDED BY COMMISSIONER MILLER. DISCUSSION.
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - JANUARY 26, 2004
PAGE 8 OF 30
VOTE:
COMMISSIONER lVnLLER: AYE
COMMISSIONER McLEOD: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER McGINNIS: AYE
DEPUTY MAYOR MARTINEZ: AYE
MOTION CARRIED.
PUBLIC HEARINGS
402. Office Of The City Attorney
Requests That The City Commission Adopt On Second And Final Reading
Ordinance Number 2003-43 Establishing Minimum Standards For Community
Appearance And Aesthetic Review Of Land Development Projects.
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Attorney. Garganese read the Ordinance by "Title" only.
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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 MAKE A MOTION THAT WE APPROVE THE ORDINANCE" - PUBLIC
HEARINGS ITEM "402." MOTION BY COMMISSIONER MILLER.
SECONDED BY DEPUTY MAYOR MARTINEZ. DISCUSSION.
VOTE:
COMMISSIONER McGINNIS: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER l\ULLER: AYE
DEPUTY MAYOR MARTINEZ: AYE
COMMISSIONER McLEOD: AYE
MOTION CARRIED:.
PUBLIC HEARINGS
403. Office Of The City Manager/Office Of The City Attorney
Requests That The Oity Commission Approve On First Reading Ordinance Number
2004-10, Amending The Town Center Code To Provide Regulations For Demising
Walls And Partitions.
Mayor Bush stated, "Can we have a Motion to read by 'Title' only."
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETII\'G - JANUARY 26, 2004
PAGE 9 OF 30
"SO MOVED." MOTION BY COMMISSIONER McGINNIS. SECONDED BY
COMMISSIONER MILLER. DISCUSSION.
VOTE:
DEPUTY MAYOR l'YlARTINEZ: AYE
COMMISSIONER McLEOD: AYE
COMMISSIONER MILLER: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER McGINNIS: AYE
MOTION CARRIE][).
Attorney Garganese read the Ordinance by "Title" only.
Attorney Garganese spoke for the record about an email from the Developer's Attorney,
David O. Eldridge, Esquire.
With discussion, Commissioner McLeod stated, "I would have liked to have seen the
Owner have a little more notification."
Further 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.
Commissioner McLeod then stated, "When are we supposed to have this so-called
meeting and walk-thru of the Town Center with the Developer, to take a look at the
problems that are there - how are we going to go forward; how are we going to resolve
them. When is that meeting?" Manager McLemore stated, "Actually, I have done that
with Shane [Doran]." Furthermore, Manager McLemore added, "We have got a whole
list of ideas to put in front of you. So, I would think we would try to just find another
date to do it - that everybody can come together."
With discussion, Commissioner McLeod spoke about the previously suggested meeting
with Staff, the City Manager, the City Commission, and the Developer, and added that
we need "To try to have a Workshop on site - to see the problems and see if there are
issues and how we could get through them." Mayor Bush then stated., "Commissioner
McLeod is asking the Commission to direct the Manager to reschedule the meeting with
the Developer and Staff." Deputy Mayor Martinez stated, "I am in agreement."
Commissioner Sally McGinnis stated, "Yes." As there were no voiced objections, Mayor
Bush summarized, "The Commission is in agreement with that."
CITY OF WINTER SPRINGS
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CITY COMMISSION
REGULAR MEETING - JANUARY 26, 2004
PAGE 10 OF 30
"I WOULD LIKE TO MAKE A MOTION THAT WE MOVE ITEM '403' TO
SECOND READING AND THAT THE DEVELOPER AND HIS STAFF BE
NOTIFIED FORTH'WITH - THAT MEANS TOMORROW - AND THAT PROOF
OF THAT NOTIFICATION BE AVAILABLE." MOTION BY DEPUTY MAYOR
MARTINEZ. SECONDED BY COMMISSIONER MILLER. DISCUSSION.
VOTE:
COMMISSIONER BLAKE: AYE
COMMISSIONER l\fILLER: AYE
COMMISSIONER McGINNIS: AYE
DEPUTY MAYOR MARTINEZ: AYE
COMMISSIONER McLEOD: AYE
MOTION cARRIE[~
PUBLIC HEARINGS
404. Community Development Department - Planning Division/Office Of The City
Attorney
Request The City Commission Hold A Public Hearing For Second Reading Of
Ordinance 2004-04, Amending Winter Springs Code Section 20-101. And 20-102.
Attorney Garganese read the Ordinance by "Title" only.
Mayor Bush opened the "Public Input H portion of the Agenda Item.
Mr. John Neubauer, 102 Stone Gable Circle, Winter Springs, Florida: inquired about the
Ordinance.
Discussion.
Mayor Bush closed the "Public Input" portion of the Agenda Item.
"MOTION TO APPROVE ITEM '404' - ORDINANCE 2004-04.':' MOTION BY
DEPUTY MAYOR :MARTINEZ. SECONDED BY COMMISSIONER BLAKE.
DISCUSSION.
VOTE:
COMMISSIONER McLEOD: AYE
DEPUTY MAYOR MARTINEZ: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER McGINNIS: AYE
COMMISSIONER MILLER: AYE
MOTION CARRIED~
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CITY OF WINTER SPRlNGS
MINUTES
CITY COMMISSION
REGULAR MEETING - JANUARY 26, 2004
PAGE 11 OF30
PUBLIC HEARINGS
405. Office Of The City Attorney
Requests That The City Commission Approve On Second 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.
Attorney Garganese read the Ordinance by "Title" and stated, "After the First Reading, I
did go back and make the changes that Commissioner Blake had requested regarding
gender neutrality on one of the regulations."
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Discussion.
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Mayor Bush opened the "Public Input" portion of the Agenda Item.
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No one spoke.
Mayor Bush closed the "Public Input" portion of the Agenda Item.
Discussion.
"MOTION TO MOVE TO THIRD READING." MOTION BY DEPUTY MAYOR
MARTINEZ. MAYOR BUSH STATED, "WE HAVE A MOTION TO MOVE
ITEM '405' TO llHIRD READING - SECONDED BY COMMISSIONER
McGINNIS." DISCUSSION.
VOTE:
COMMISSIONER BLAKE: AYE
COMMISSIONER l\'[cGINNIS: AYE
COMMISSIONER l\'lILLER: AYE
DEPUTY MAYOR l\<1ARTINEZ: AYE
COMMISSIONER McLEOD: AYE
MOTION cARRIED~
PUBLIC HEARINGS
406. Office Of The City Attorney
Requests That The City Commission Approve On First Reading Ordinance Number
2004-03, Regulating Adult Gaming Facilities (e.g. Casino Like Establishments).
Mayor Bush pointed out, "Item '406', as I mentioned earlier has been pulled."
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - JANUARY 26, 2004
PAGE 12 OF 30
.:..:. AGENDA NOTE: PUBLIC HEARINGS AGENDA ITEM '403' WAS
DISCUSSED AGAIN, FOLLOWED BY THE REMAINING PUBLIC HEARINGS,
AS DOCUMENTED. .:. .:.
PUBLIC HEARINGS AGENDA
PUBLIC HEARINGS
403. Office Of The City Manager/Office Of The City Attorney
Requests That The City Commission Approve On First Reading Ordinance Number
2004-10, Amending The Town Center Code To Provide Regulations For Demising
Walls And Partitions.
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Manager McLemore asked for clarification on the previously stated Motion when "Public
Hearings Agenda Item 403" was discussed earlier in this Meeting.
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Discussion.
"I WOULD LIKE TO MAKE A MOTION THAT THE COMMISSION
RECONSIDER A MOTION ON ORDINANCE NUMBER 2004-10." MOTION BY
COMMISSIONER HLAKE. SECONDED BY DEPUTY MAYOR MARTINEZ.
DISCUSSION.
VOTE:
COMMISSIONER lVIcGINNIS: AYE
COMMISSIONER lVULLER: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER McLEOD: AYE
DEPUTY MAYOR MARTINEZ: AYE
MOTION cARRIED~
Commissioner Blake stated, "I would like to recommend that we make a new Motion
after Public Input on such relating to the previous Motion that we a.lready made but
adding the language that will also prohibit structural members, HV AC [Heating
Ventilation Air Conditioning] systems, and electrical systems other than room lighting
from intersection with windows."
Mayor Bush opened "Public Input. "
No one spoke.
Mayor Bush closed "Public Input. "
CITY OF WINTER SPRINGS
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CITY COMMISSION
REGULAR MEETING - JANUARY 26, 2004
PAGE 13 OF 30
"I WOULD LIKE TO MAKE A MOTION THAT WE MOVE ORDINANCE
NUMBER 2004-10 TO SECOND READING WITH THE ADDITIONAL
LANGUAGE AS WAS DISCUSSED EARLIER TO INCLUDE PROHIBITION OF
STRUCTURAL lVlEMBERS, HVAc [HEATING VENTILATION AIR
CONDITIONING] SYSTEMS, ELECTRICAL SYSTEMS OTHER THAN ROOM
LIGHTING FROM INTERSECTING WITH WINDOWS; WITH FURTHER
DIRECTION TO THE CITY MANAGER TO NOTIFY THE DEVELOPER -
TOMORROW - FORTHWITH, WHICH IS TOMORROW - OF THE SECOND
READING AS IT IS SCHEDULED, AND OF THE CHANGES THAT WILL BE
MADE." MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY
MAYOR MARTINEZ. DISCUSSION.
VOTE:
DEPUTY MAYOR :MARTINEZ: AYE
COMMISSIONER l\-IILLER: AYE
COMMISSIONER l\-lcGINNIS: AYE
COMMISSIONER l\-lcLEOD: AYE
COMMISSIONER BLAKE: AYE
MOTION cARRIED~
PUBLIC HEARINGS
407. Community Development Department - Planning Division
Requests That The City Commission Consider Second Reading/Adoption 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
Dumpsters 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 Affected Parties And That They Exempt These Dumpsters From
Compliance With The Zoning Setback Requirements Generally Applied To
Accessory Buildings And Structures.
Manager McLemore introduced this Agenda Item.
Brief discussion.
Attorney Garganese read the Ordinance by "Title" only.
Tape 2/Side A
With discussion, Manager McLemore stated, "We need to do two (2) things - we need to
have the Ordinance reference this, because we are creating almost a reliance thing here,
where we are telling somebody if you follow this - you are going to meet the wind load
requirements, and then if we say, 'Oh, by the way you can do asphalt if you want to',
then if we have something that happens now, we're liable."
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PAGE 14 OF 30
Additionally, Manager McLemore said, "I think we need to go and ask our Engineer, is
asphalt an ~cceptable alternative and if so, if there are any specific design requirements
we need before we put our name on it and create a reliance on it. And, again it needs to
be referenced in the Ordinance, referenced in these drawings." Manager McLemore
suggested, "We need to go back and reference this, we need to ask the question about
asphalt, and under what questions and bring it back to you at the next Meeting."
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With further discussion, Commissioner McLeod stated, "I don't see any anchors that go
through a piece of steel or anything that sticks through the posts, so that as you pour the
concrete in there, that it helps hold that post." Furthermore, Commissioner McLeod
suggested asking the Engineer - "Is the concrete, the six inch (6") or eight inch (8") pad
being used over the footer or as a whole, as part of his uplift; and if it is, there is
definitely a difference:: between that pad and an asphalt pad, thickness wise - or is he
basically relying on his wind load based on the size of his footers, and not the pad on
top."
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Commissioner McLeod then remarked that "The gate shall support a total live load of
200 pounds at the point load at the end, per the gate - is the same requirement going to be
when you put the steel out there, and what is the load requirement is out there now versus
aluminum - he might have to have an asterisk if steel used must be this - if aluminum
used, must be that." Furthermore, Commissioner McLeod suggested, "One other
question you may ask - up to what level would you allow an asphalt - and it is really on
the approach pad, probably more than the pad itself."
Discussion.
Commissioner McLeod proposed that "If you have this attached and it is back in front of
a Commission - later, they have the attachment to the Ordinance, then they will know
what was approved to begin with." Commissioner McLeod also suggested that "This
drawing should have a date and a revision block, so that if it ever becomes revised, you
are able to track it from day one through revisions, and know what those changes were."
Further discussion.
Mayor Bush opened the "Public Input" portion of the Agenda Item.
Mr. Gerald S. Rogers, 616 Pearl Road, Winter Springs, Florida: commented on the
aluminum reference; inquired as to whether steel could be used instead of aluminum; and
spoke on wind load criteria.
Discussion.
CITY OF WINTER SPRINGS
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CITY COMMISSION
REGULAR MEETING - JANUARY 26.2004
PAGE 15 OF 30
Commissioner Blake stated, "Point of Order ", and spoke on the Ordinance and the
process of making laws.
Further discussion.
Mayor Bush closed the "Public Input" portion of the Agenda Item.
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"I MAKE A MOTION THAT WE - POSTPONE IT THEN TO THE NEXT CITY
COMMISSION MEETING ON - FEBRUARY 9TH." MOTION BY
COMMISSIONER MILLER.
MOTION DIED FOR LACK OF A SECOND.
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"I WOULD LIKE TO MAKE A MOTION THAT WE ADOPT ORDINANCE
2003-40." MOTION BY COMMISSIONER BLAKE. SECONDED BY
COMMISSIONER McLEOD. DISCUSSION.
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COMMISSIONER McLEOD SAID, .'WHAT I WOULD LIKE TO SEE US DO
HERE IS TO ALSO DIRECT THE STAFF TO GO BACK TO THE ENGINEER
BASICALLY ON T'VO (2) THINGS - WHAT WE DISCUSSED THIS EVENING
- THE STEEL, BECAUSE THAT IS VERY COMMON." COMMISSIONER
McLEOD ADDED, "AND THEN BRING THAT BACK TO US, AND ALSO TALK
TO HIM ABOUT THE OTHERS." FURTHERMORE, COMMISSIONER
McLEOD SUGGESTED, "THE DRAWINGS SHOULD SAY MINIMUM
REQUIREMENTS. "
ATTORNEY GARGANESE SUGGESTED, "FOR TONIGHT'S PURPOSES, YOU
COULD ADOPT THE ORDINANCE. WE CAN ADD A SECTION HERE THAT
THE CITY cOMMl[SSION CAN ADOPT PLANS AND SPECIFICATIONS BY
RESOLUTION - TO MEET THE MINIMUM SCREENING REQUIREMENTS."
COMMISSIONER McLEOD ADDED AS AN AMENDMENT, "THE
COMMISSION HAS THE RIGHT TO CHANGE THE DRAWINGS - ADOPT
THE DRAWINGS BY RESOLUTION." AMENDMENT TO THE MOTION BY
COMMISSIONER McLEOD. SECONDED BY COMMISSIONER McGINNIS.
DISCUSSION. ATTORNEY GARGANESE STATED, "I WOULD
INCORPORATE THAT LANGUAGE THAT THE COMMISSION BY RIGHT
CAN ADOPT THESE BY RESOLUTION - THE DRAWINGS."
VOTE: (ON THE AMENDMENT)
DEPUTY MAYOR MARTINEZ: AYE
COMMISSIONER :McLEOD: AYE
COMMISSIONER McGINNIS: AYE
COMMISSIONER MILLER: NAY
COMMISSIONER BLAKE: NAY
MOTION CARRIED~
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - JANUARY 26,2004
PAGE 16 OF ~O
VOTE: (ON THE MOTION, AS AMENDED)
COMMISSIONER McLEOD: AYE
COMMISSIONER l\1cGINNIS: AYE
COMMISSIONER ElLAKE: AYE
DEPUTY MAYOR MARTINEZ: AYE
COMMISSIONER MILLER: NAY
MOTION CARRIEr!:,
(
PUBLIC HEARINGS
408. Community Development Department - Planning Division
Requests The City Commission Conduct A Public Hearing For The First Reading
Of Ordinance 2004-09, Annexing A Parcel Located At 1112 Orange Avenue
Equaling Approximately 3.3 Acres And Owned By Luis R. & Maria Esteves.
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Mayor Bush stated, "Can we have a Motion to read by 'Title' only."
"SO MOVED." MOTION BY DEPUTY MAYOR MARTINEZ. MAYOR BUSH
STATED, "SEcONHED BY COMMISSIONER MILLER." DISCUSSION.
VOTE:
COMMISSIONER BLAKE: AYE
COMMISSIONER McLEOD: AYE
DEPUTY MAYOR MARTINEZ: AYE
COMMISSIONER MILLER: AYE
COMMISSIONER McGINNIS: AYE
MOTION cARRIED~
Attorney Garganese read the Ordinance by "Title" only and pointed out that "The Metes
and Bounds legal description which is referenced in the Ordinance, is really attached to
the Survey as Attachment 'A'. That will be incorporated as an Exhibit to Ordinance
2004-09."
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 MOVE ITEM '408' - ORDINANCE NUMBER 2004-09 TO
SECOND READING." MOTION BY DEPUTY MAYOR MARTINEZ.
SECONDED BY COMMISSIONER McLEOD." DISCUSSION.
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - JANUARY 26, 2004
PAGE 17 OF 30
VOTE:
COMMISSIONER McLEOD: AYE
COMMISSIONER BLAKE: AYE
DEPUTY MAYOR MARTINEZ: AYE
COMMISSIONER MILLER: AYE
COMMISSIONER McGINNIS: AYE
MOTION cARRIEI~
PUBLIC HEARINGS
409. Office Of The City Attorney
Requests The City Commission Approve On First Reading Ordlinance Number
2004-11, Amending Chapter 6, Article III, Building Construction Standards,
Related To The Installation And/Or Construction Of Amateur Radio Antennae And
Radio Antenna Structures.
Mayor Bush stated, "Can we have a Motion to read by 'Title' only."
"SO MOVED." MOTION BY DEPUTY MAYOR MARTINEZ. SECONDED BY
COMMISSIONER lVlcGINNIS. DISCUSSION.
VOTE:
COMMISSIONER McLEOD: AYE
COMMISSIONER MILLER: AYE
COMMISSIONER McGINNIS: AYE
COMMISSIONER BLAKE: AYE
DEPUTY MAYOR MAlRTINEZ: AYE
MOTION CARRIED.
Attorney Garganese read the Ordinance by "Title" only.
Commissioner Miller suggested that ideas be presented as to what designs would be
acceptable. Attorney Garganese stated, "I can bring back more information if the
Commission wants to see it."
Ms. Max Epstein, Customer Service Manager, Community Development Department
addressed the City Commission.
Regarding possible designs, Commissioner Miller said, "If the industry now has antennae
that are not obnoxious and they fit well into communities, then that is what I would like
to see us included in the Ordinance." Ms. Epstein stated, "Certainly - we'll come back to
the next Meeting and I can certainly bring you the designs that were presented, not only
by this particular applicant, but two (2) other applicants and then the Commission can
take a look at that."
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CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - JANUARY 26, 2004
PAGE 18 OF 30
Furthermore, Commissioner Miller added, "And that is another issue that I would like to
see - somehow that if the antennae is not used for a certain period of time, it has to be
removed." Ms. Epstein stated, "Okay."
Commissioner Blake also said, "I think it is a good idea to see just what the industry has
to offer right now." Furthermore, Commissioner Blake inquired about the proposed
forty-five feet (45') and said, "I absolutely agree with Commissioner Miller that I think
we ought to see what the industry has to offer first. Secondly, I think forty-five feet (45')
is unreasonable in a residential area - thirty-five (35) sounds a little better."
Commissioner Miller said to Ms. Epstein, "I would like you to work with the Attorney - I
don't know what the requirement is - whatever we end up with - thirty-five feet (35'), if
the guide wires have to be out at a certain angle - we might be getting into a zoning area
too - or we might want to create something where anyone who already is in the City is
grandfathered, and anyone moving in would have to have a certain size - piece of
property in order to put up a thirty-five foot (35') antennae, which would put it in a low
density area, as opposed to Parkstone or someplace like that where it really would be
invasive. "
"I WOULD LIKE TO MAKE A MOTION TO POSTPONE CONSIDERATION
OF ORDINANCE 2004-11, BUT SPECIFICALLY ASK STAFF TO BRING BACK
TO US COMPETE.NT, PROFESSIONAL STUDIES THAT HAVE SHOWN
WHAT OTHER RESIDENTIAL COMMUNITIES HAVE DONE IN LIGHT OF
ANY COURT DECISIONS RELATING TO AMATEUR RADIO. SEcONDL Y,
TO BRING BACK TO US SOME OF THE STATE OF THE ART TYPES OF
ANTENNAES FOR. AMATEUR RADIO THAT ARE BEING USED IN
RESIDENTIAL AREAS. THREE - BRING BACK A COMPETENT
PROFESSIONAL STUDY THAT SHOWS WHAT THE HEIGHT
REQUIREMENTS 'N'OULD BE TO HAVE THE MINIMAL CAPACITY TO
ACTUALLY UTILIZE AN AMATEUR RADIO IN A RESIDENTIAL AREA -
FOUR - A MODEL ORDINANCE FROM - ANOTHER RESIDENTIAL
COMMUNITY THAT HAS EFFECTIVELY DEALT WITH THIS ISSUE."
COMMISSIONER BLAKE ADDED A FIFTH CONSIDERATION, "THE
INTERFERENCE QUESTION AND RIGHTS OF NEIGHBORING
RESIDENTIAL OWNERS IN TERMS OF HAVING INTERFERENCE FREE
ACCESS TO ELECTROMAGNETIC WAVES IN THEIR SPACE." MOTION BY
COMMISSIONER IfJLAKE. SECONDED BY COMMISSIONER MILLER.
DISCUSSION.
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CITY OF WfNTER SPRINGS
MfNUTES
CITY COMMISSION
REGULAR MEETING - JANUARY 26, 2004
PAGE 19 OF 30
VOTE:
COMMISSIONER MILLER: AYE
DEPUTY MAYOR MARTINEZ: AYE
COMMISSIONER McGINNIS: AYE
COMMISSIONER :McLEOD: AYE
COMMISSIONER E:LAKE: AYE
MOTION cARRIEI~
REGULAR AGENDA
REGULAR
500. Office Of The City Manager
Requesting The Commission To Consider A Supplemental Appropriation In The
Amount Of $2,470.00 To Fund Raising The Brick Fence Between Stone Gable And
Villagio From Six (6) Feet To Eight (8) Feet.
Manager McLemore presented his opening remarks.
Discussion ensued.
Tape 2/Side B
Further discussion.
Commissioner Miller stated, "I would like to point out that I am not sure that I would like
to see Stone Gable bring back to us an additional request - I think when the commercial
property in front of them gets developed, I think they need to work with the Developer -
when that happens to get the wall at eight feet (8')."
Further discussion.
"I MAKE A MOTION THAT WE DO APPROVE THE EXTENSION OF THE
WALL FROM SIX Ji'EET (6') TO EIGHT FEET (8'). THE CITY WILL PUT IN
$2,470.00 - ITS PORTION OF THE ESTIMATE FOR THE 570 FOOT OF WALL
EXTENSION - ITEM '500'." MOTION BY COMMISSIONER McLEOD.
SECONDED BY cOJ\1MISSIONER McGINNIS. DISCUSSION.
ATTORNEY GARGANESE SAID, "IF THE COMMISSION APPROVES THIS
MOTION - WE HAVE TO AMEND THE DEVELOPMENT AGREEMENT
WITH THE DEVELOPER TO ALLOW FOR AN EIGHT FOOT (8') WALL."
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CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - JANUARY 26, 2004
PAGE 20 OF 30
COMMISSIONER McLEOD CONTINUED, "THE ATTACHMENT WOULD BE
MADE TO THE DEVELOPER'S AGREEMENT STATING THAT IT IS
ALLOWED TO GO TO AN EIGHT FOOT (8') WALL, HOWEVER, ALL
MAINTENANCE VVlfLL STAY AS INITIALLY IN THE DEVELOPMENT
AGREEMENT." AMENDMENT TO THE MOTION BY COMMISSIONER
McLEOD. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION.
VOTE: (ON THE AJ\1ENDMENT)
COMMISSIONER lVlcGINNIS: AYE
DEPUTY MAYOR MARTINEZ: NAY
COMMISSIONER MILLER: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER McLEOD: AYE
MOTION cARRIED~
VOTE: (ON THE MOTION, AS AMENDED)
DEPUTYMAYORMARTINEZ: NAY
COMMISSIONER McLEOD: AYE
COMMISSIONER McGINNIS: AYE
COMMISSIONER lVlILLER: AYE
COMMISSIONER BLAKE: NAY
MOTION cARRIED~
Mayor Bush called a Recess at 9:03 p.m.
The Meeting was called back to order at 9: 14 p.m.
REGULAR
501. Not Used.
REGULAR
502. Not Used.
REGULAR
503. Office Of Mayor John F. Bush
Requests That The City Commission Consider Information To Be Provided To The
Supervisor Of Elections.
Mayor Bush introduced this Agenda Item.
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MINUTES
CITY COMMISSION
REGULAR MEETING - JANUARY 26, 2004
PAGE 21 OF 30
Commissioner Blake returned to the Commission Chambers at 9:15 p.m.
Manager McLemore returned to the Commission Chambers at 9: 15 p.m.
Mayor Bush then stated, "I have asked him to schedule time where he [Dennis Joyner,
Seminole County Supervisor of Elections] could meet with the Commission."
"MOTION TO APPROVE." MOTION BY DEPUTY MAYOR MARTINEZ.
MAYOR BUSH STATED, "WE HAVE A MOTION TO APPROVE THE DRAFT
LETTER WHICH IS IN YOUR PACKET." SECONDED BY COMMISSIONER
McGINNIS. DISCUSSION.
Commissioner Miller returned to the Commission Chambers at 9: 16 p. m.
VOTE:
COMMISSIONER McGINNIS: AYE
DEPUTY MAYOR MAlRTINEZ: AYE
COMMISSIONER McLEOD: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER MILLER: AYE
MOTION CARRIED:.
Mayor Bush said to Andrea Lorenzo-Luaces, City Clerk, "So, you will get the letter out
tomorrow?" City Clerk Lorenzo-Luaces responded, "Yes." Mayor Bush added, "I told
him to call you Andrea [Lorenzo-Luaces] - I think we should schedule that at a Regular
Meeting when he could come and address the Commission."
REGULAR
504. Finance Department
Requesting City Commission To Approve The FY 2005 Budget Calendar.
"MOTION TO APPROVE." MOTION BY COMMISSIONER BLAKE. MAYOR
BUSH STATED, "SECONDED BY COMMISSIONER MARTINEZ."
DISCUSSION.
VOTE:
COMMISSIONER BlLAKE: AYE
COMMISSIONER McLEOD: AYE
COMMISSIONER McGINNIS: AYE
COMMISSIONER MILLER: AYE
DEPUTY MAYOR MARTINEZ: AYE
MOTION CARRIED.~
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CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - JANUARY 26, 2004
PAGE 22 OF 30
REGULAR
505. Community Development Department
Recommends The City Commission Hear A Request By Thomas Sign And Awning,
On Behalf Of Discount Auto Parts, For A Variance From Section 20-486. Of The
City Code Of Ordinances, To Authorize A New Approximately 21.55 Square Foot
Building-Mounted Siingle Tenant Identification Sign To Be Constructed On The
State Road 434 (SoutllI) Side Of The Building, Within TllIe State Road 434
Redevelopment Overlay Zoning District.
Discussion ensued on Development Agreements. Commissioner Blake inquired, "Can
we check if it was recorded?" Attorney Garganese said, "We can check."
With further discussion, Commissioner Blake stated, "Aren't those window signs
prohibited?" Mr. John Baker, AICP, Senior Planner, Community Development
Department stated, "I would have to look into that."
Discussion.
"BASED ON - THE RECOMMENDATIONS OF THE STAFF, I WOULD LIKE
TO MAKE A MOTION THAT WE DENY THE REQUEST." MOTION BY
DEPUTY MAYOR MARTINEZ. SECONDED BY COMMISSIONER BLAKE.
DISCUSSION.
COMMISSIONER l\1cGINNIS STATED, "SINCE THE APPLICANT IS HERE
TONIGHT, I WOULD LIKE TO HEAR WHAT THEY HAVE TO SAY."
ATTORNEY GARGANESE STATED, "BEFORE THE COMMISSION VOTES
ON THIS MATTER, I THINK YOU NEED TO HEAR FROM THE
APPLICANT."
Mr. Gregory Davis, Thomas Sign & Awning Company, Inc., 4590 118th Avenue North,
Clearwater, Florida: representing the Applicant, Mr. Davis addressed the City
Commission.
MUCH DISCUSSION.
COMMISSIONER l\1[cLEOD SAID, "THE FRONT OF THE SIGN NEEDS TO BE
LANDSCAPED LIKE WE POINTED OUT - IF THIS THING GOES FORWARD,
I WOULD MAKE THAT AS A CONTINGENCY - THAT THE SIGN GETS
LANDSCAPING AROUND IT ON THE BASE, LIKE IT IS SUPPOSED TO
HAVE."
FURTHER DISCUSSION.
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CITY OF WINTER SPRfNGS
MINUTES
CITY COMMISSION
REGULAR MEETING - JANUARY 26, 2004
PAGE 23 OF 30
Tape 3/Side A
COMMISSIONER McLEOD THEN SAID, "IT WOULD SEEM TO ME - IF OUR
AGREEMENT WAS ONE, YOU FIX THE LANDSCAPING ISSUE - TWO
WOULD BE IS THAT YOU CAN PUT THE 'ADVANCE DISCOUNT AUTO
PARTS' ON THE BUILDING WITHOUT THE FLAG, AND YOU DO NOT PUT
ANY OTHER - ADDITIONAL CORPORATE IDENTIFICATION AS TO
'ADVANCE DISCOlUNT AUTO PARTS' ON ANY OTHER PORTIONS OF THE
BUILDING - OTHER WALLS. I WOULD LIKE TO MAKE A MOTION TO
THAT."
COMMISSIONER McLEOD THEN SAID, "MY MOTION WOULD BE -
BASICALLY, WE ALLOW THE MONUMENT SIGN AS SHOWN - AND TO
HAVE IT LANDSCAPED AS APPROVED BY THE BUILDING DEPARTMENT
- TO THEN - ALLOW THE 'ADVANCE DISCOUNT AUTO PARTS' LESS THE
FLAG ON THE BUILDING AND TO REPLACE ANY DAMAGED
LANDSCAPING THAT IS PRESENTLY AT THE BUILDING." MOTION BY
COMMISSIONER McLEOD. SECONDED BY COMMISSIONER McGINNIS.
DISCUSSION.
MAYOR BUSH STATED, "THE MOTION IS TO PUT THE LANDSCAPING
AROUND THE MONUMENT SIGN; AND OF COURSE THERE IS - AS HE
MENTIONED A LANDSCAPE PLAN IS REQUIRED TO REPLACE THE
LANDSCAPING THAT HAS DIED; AND, APPROVE THE SIGN ON THE
BUILDING LESS THE - CHECKERED FLAG. THAT WAS - COMMISSIONER
McLEOD'S MOTION. SECONDED BY COMMISSIONER McGINNIS.
DISCUSSION. COJ\1MISSIONER McLEOD ADDED, "TO NOT HAVE ANY
ADDITIONAL LETTERING TO BE APPLIED TO THE BUILDING."
DEPUTY MAYOR J\1ARTINEZ STATED, "I WITHDRAW THE [PREVIOUS]
MOTION." ATTORNEY GARGANESE STATED, "YOU CAN TREAT IT AS
SUCH - IT WAS OUT OF ORDER." MAYOR BUSH ADDEn, "THE FIRST
MOTION WAS OUT OF ORDER."
VOTE:
DEPUTY MAYOR MARTINEZ: AYE
COMMISSIONER B:LAKE: NAY
COMMISSIONER McLEOD: AYE
COMMISSIONER McGINNIS: AYE
COMMISSIONER M[ILLER: AYE
MOTION CARRIED~
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MINUTES
CITY COMMISSION
REGULAR MEETING - JANUARY 26, 2004
PAGE 24 OF 30
REGULAR
506. Community Development Department
Requests That The City Commission, In Its Capacity As The DRe [Development
Review Committee], Consider A Sign age Request By The Transformations II
Tanning And Skin Care Tenant Of The IDe Town Center Building Number 8 For
The North Side Of The Building (That Part Of The Building Abutting The Parking
Lot).
Discussion.
Mr. Baker addressed the City Commission.
"MOTION TO APJPROVE ITEM '506' AS RECOMMENDEn BY STAFF."
MOTION BY DEPUTY MAYOR MARTINEZ. MAYOR BUSH STATED,
"SECONDED BY COMMISSIONER MILLER." DISCUSSION.
VOTE:
COMMISSIONER BLAKE: AYE
COMMISSIONER McGINNIS: AYE
DEPUTY MAYOR 1\'[ARTINEZ: AYE
COMMISSIONER McLEOD: AYE
COMMISSIONER MILLER: AYE
MOTION CARRIED~
REGULAR
507. Community Development Department
Requests The City Commission Hear A Presentation By Breedlove Dennis And
Associates, Inc. (BDA), Environmental Consultants, To Discuss The Need For
Changes To The Code Of Ordinances Related To Boat Docks.
Ms. Penny E. Caple, Senior Scientist, Breedlove, Dennis & Associates, Inc., 330 West
Canton Avenue, Winter Park, Florida: addressed the City Commission on this issue.
Discussion
Commissioner Blake stated, "Point of Order" and spoke on questions being asked.
Manager McLemore stated, "The Commission is struggling with the idea - what can we
do as an entity to help improve or even stabilize or improve the lake [Jesup]?" Manager
McLemore then asked, "Is there anything the City of Winter Springs can do to help
stabilize or improve the environmental quality of the lake [Jesup]?"
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CITY OF WfNTER SPRfNGS
MfNUTES
CITY COMMISSION
REGULAR MEETfNG - JANUARY 26, 2004
PAGE 25 OF 30
Ms. Cople responded by saying, "The City can implement requirements that would
require that applicant to submit a plan to you that would explain to you how the Wetlands
are going to be crossed; if there are wetlands to be involved so that you could have more
input into how trees would be removed, how the pilings would be put in, what kind of
pilings would need to be used with the materials - what the dock needs to be constructed
of so that you can avoid certain materials that might contribute to some of the water
quality problems - that you might want to avoid the treated wood products that might
have been used in some of the docks previously. The Commission can develop design
criteria that would assist with that."
Manager McLemore next asked Ms. Cople, "And these are areas that are not currently
regulated by someone else - some other entity?" Ms. Cople stated, "As far as the
construction materials?" Manager McLemore said, "Yes." Ms. Cople then stated, "I
would have to check on the DEP [Department of Environmental Protection] side. I don't
know if they regulate the actual materials the dock is constructed of, but they do regulate
the sedimentation, erosion, control problems that would be involved with clearing the
wetlands, putting the pilings in, and things of that nature." Further discussion.
Tape 3/Side B
"I WOULD LIKE TO MAKE A MOTION - ON THIS ITEM, THAT WE DENY
ANY FURTHER MOVEMENT OF GOING FORWARD OR ANYMORE
MONIES BEING SJ[>ENT AT THIS TIME, DUE TO THE LACK OF THE -
OVERALL IMPACT THAT IT WILL HAVE ON - LAKE JESUP." MOTION BY
COMMISSIONER McLEOD. SECONDED BY COMMISSIONER McGINNIS.
DISCUSSION.
VOTE:
DEPUTY MAYOR MARTINEZ: NAY
COMMISSIONER McLEOD: AYE
COMMISSIONER :MILLER: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER McGINNIS: AYE
MOTION CARRIED.
REGULAR
508. Community Development Department
Requests That The City Commission Consider A Wall Sign Proposed For The
North (Parking Lot And Courtyard) Side Of The Tijuana Flats Restaurant At
Building Number 1, \Vithin The IDC Calhoun Town Center Site.
"MOTION TO API[>ROVE ITEM '508'." MOTION BY COMMISSIONER
BLAKE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION.
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VOTE:
DEPUTY MAYOR MARTINEZ: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER McLEOD: AYE
COMMISSIONER MILLER: AYE
COMMISSIONER McGINNIS: AYE
MOTION CARRIED:,
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - JANUARY 26,2004
PAGE 26 OF 30
Deputy Mayor Martinez departed the Meeting at 10:40 p.m.
REGULAR
509. Office Of Commissioner Sally McGinnis
Requests The Commiission Rehear The Signage Variance Request From Dr. Corum
Of 620 West State Road 434 (State Road 434 Redevelopment Overlay Zoning
District), Based On The Request Of The Applicant And Does Not Represent A
Position In Favor Of .or Against The Request Of The Applicant.
Discussion.
Mr. Kenneth Soday, 8637 Piza Drive, Orlando, Florida: spoke on behalf of Dr. Pete G.
Corum regarding this request.
Much discussion.
"I MOVE THAT WE LEAVE THE DECISION REACHED AT THE JANUARY
12TH MEETING, AS PRESENTED AND VOTED ON." MOTION BY
COMMISSIONER IV[cGINNIS. SECONDED BY COMMISSIONER BLAKE.
DISCUSSION.
Commissioner Miller stated, "Point of Order" and spoke on possibly extending the
Meeting. "
"I MAKE A MOTION TO EXTEND THE MEETING FOR HALF AN HOUR."
MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER
McLEOD. DISCUSSION. MAYOR BUSH CLARIFIED, "IT IS THIRTY (30)
MINUTES FROM ELEVEN O'CLOCK."
VOTE:
COMMISSIONER MITLLER: AYE
COMMISSIONER McGINNIS: AYE
COMMISSIONER McLEOD: AYE
COMMISSIONER BLAKE: NAY
MOTION CARRIED~
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CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - JANUARY 26, 2004
PAGE 27 OF 30
VOTE:
COMMISSIONER McLEOD: NAY
COMMISSIONER MILLER: AYE
COMMISSIONER BLAKE: AYE
COMMISSIONER McGINNIS: AYE
MOTION CARRIED~
REPORTS
REPORTS
600. Office Of The City Attorney - Anthony A. Garganese, Esquire
Attorney Garganese advised the City Commission that "Mr. Binford finally filed his
initial Brief at the 5th District Court of Appeal - that is regarding his Appeal to that
ground sign decision, applying the State Road 434 guidelines. I provided a copy of Mr.
Binford's Brief to the City Manager and he will copy the Brief and provide each
Commissioner with a copy."
REPORTS
601. Office Of The City Manager - Ronald W. McLemore
No Report.
REPORTS
602. Office Of The City Clerk - Andrea Lorenzo-Luaces
No Report.
REPORTS
603. Office Of The Mayor - John F. Bush
Mayor Bush stated that a meeting had been held with Seminole County Chairman Darryl
McLain regarding possibly pursuing a Library for the City of Winter Springs. Mayor
Bush added, "It is in the planning stages at this point." Mayor Bush then said, "It will be
something the County [Seminole] takes the lead on."
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MINUTES
CITY COMMISSION
REGULAR MEETING - JANUARY 26,2004
PAGE 28 OF 30
Next, Mayor Bush mentioned an idea related to Congressman Tom Feeney's recent Town
Hall Meeting - Mayor Bush said, "Possibly the Commission could enclose an invitation
to the citizens" to attend City Commission Meetings. Mayor Bush added, "Many people
- don't know the Commission meets when it does. I just wondered if that would be
something the Commission might want to consider - that that could be an insert into the.
water bill or maybe something attached to the water bill just notifying people and inviting
them to come to the Meeting." Mayor Bush added, "So, that is - something maybe that
you could think about and we can bring it up another Meeting to see if it is something
that we want to move jurward on."
Mayor Bush spoke on meeting today "With two women who are Winter Springs
residents, who are the force behind the 5K Breast Cancer Run and Walk ['Community
5K For A Cure'] that we had - our first one last year at Central Winds Park. I have asked
them to give a short presentation at our next Commission Meeting, and in the interim, I
have also asked them to contact each of you individually."
Lastly, Mayor Bush explained that "We have not responded to the letter from
Councilman Dallari - and we need to do that - at our next Meeting. We will make sure
you have copies of that letter." Mayor Bush added, Andrea [Lorenzo- Luaces] will get it
to you this coming wet::k.
REPORTS
604. Commission Sea.t One/Deputy Mayor - Robert S. Miller
Commissioner Miller mentioned that the Scottish Highland Games were held recently.
Next, Commissioner Miller stated, "Do we need a Noise Decibel study in our City?
There are a lot of motorcycles going around and our Ordinances are not really too clear."
Tape 4/Side A
Discussion ensued on Ninja bikes, motorized scooters, and excessive noise with Chief of
Police, Daniel J. Kerr.
REPORTS
605. Commission Seat Two - Michael S. Blake
Commissioner Blake stated, "20-357."
Next, Commissioner Blake spoke to Chief Kerr about excessive noise coming from
vehicles and asked what can be done. Chief Kerr stated, "We need the equipment to
measure the decibel levels."
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CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - JANUARY 26, 2004
PAGE 29 OF 30
Attorney Garganese added, "To make this more iron clad, the City would have to create a
'Decibel Based Noise Ordinance' and you would have to craft the Ordinance based on
legitimate standards of what is good and bad noise, and you are going to have to buy the
decibel meters and then you are going to have to constantly train the Officers of Code
Enforcement to use the decibel based meters." Mayor Bush said, "Commissioner Miller
asked to have the Chief [Kerr] bring that kind of information back."
REPORTS
606. Commission Seat Three - Edward Martinez, Jr.
No Report as Deputy Alayor Martinez had departed the Meeting.
REPORTS
607. Commission Sent Four - Sally McGinnis
Commissioner McGinnis spoke of recently riding with a Police Officer and that it was a
"Nice experience".
Next, Commissioner McGinnis congratulated Commissioner Miller on the birth of his
first granddaughter.
Commissioner McGinnis stated, "The State of the City address - could that be put on our
Website?" Furthermore, Commissioner McGinnis suggested, "Could we make copies
and have them in the Lobby?" Mayor Bush stated, "Sure" and also said that it should be
in an upcoming Newsletter.
REPORTS
608. Commission Sealt Five - David W. McLeod
Commissioner McLeod said that he had recently spoken with Seminole County
Commissioner Randy Morris regarding a possible Library and that Commissioner Randy
Morris was also in favor of a Library for the City.
Secondly, Commissioner McLeod then stated, "Ron [McLemore], I need to talk to you
about some other issues."
Thirdly, Commissioner McLeod asked Attorney Garganese, "Where are we sitting with
our lawsuit with Dunnlar?" Attorney Garganese stated, "We are trying to coordinate a
Hearing date for our 'Motion For Summary Judgment' that we filed. It may have been
scheduled already. I will check on that and get back to you." Commissioner McLeod
added, "I would like to do whatever we can to push this thing forward." Attorney
Garganese stated, "Agreed."
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CITY OF WINTER SPRINGS
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CITY COMMISSION
REGULAR MEETING - JANUARY 26,2004
PAGE 30 OF 30
ADJOURNMENT
Mayor Bush adjourned the Meeting at 11 :30 p.m.
RESPECTFULLY SUBA1ITTED:
ANDREA LORENZO-LUACES, CMC
CITY CLERK
APPROVED:
JOHN F. BUSH
MAYOR
NOTE: These Minutes were approved at the
, 2004 Regular City Commission Meeting,
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