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HomeMy WebLinkAbout2003 05 12 EXEMPTION Consent I Unapproved Minutes from the April 28, 2003 City Commission Regular Meeting COMMISSION AGENDA ITEM I Consent X Informational Public Hearings Regular May 12. 2003 Regular Meeting Mgr. I Dept. Authorization CONSENT I. Office Of The City Clerk Approval Of The April 28, 2003 City Commission Regular Meeting Minutes. , , CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING APRIL 28, 2003 CALL TO ORDER The Regular Meeting of Monday, April 28, 2003 of the City Commission was called to order by Mayor John F. Bush at 6:30 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). ROLL CALL: Mayor John F. Bush, present Deputy Mayor Robert S. Miller, present Commissioner Michael S. Blake, present Commissioner Edward Martinez, Jr., present Commissioner Sally McGinnis, present Commissioner David W. McLeod, arrived at 6:35 p.m. City Manager Ronald W. McLemore, arrived at 6:31 p.m. City Attorney Anthony A. Garganese, arrived at 6:33 p.m. After a moment of silence, Mayor Bush led the Pledge of Allegiance. AWARDS AND PRESENTATIONS None. City Manager Ronald W McLemore arrived at 6:31 p.m. PUBLIC INPUT Mr. Gene Lein, 1173 Winged Foot Circle East, Winter Springs, Florida: showed a photograph of a house and fence in disrepair at Winter Springs Boulevard and Gazelle Trail and asked the City to take action regarding this property. City Attorney Anthony A. Garganese arrived at 6:33 p.m. Next, Mr. Lein also showed a photograph of the Tuscawilla fountains and said that they often were not working. Commissioner David W McLeod arrived at 6:35 p.m. ~ ~ :;a ~ t::P CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 28.2003 PAGE 2 OF 21 Mayor Bush stated, "Captain [Glenn] Tolleson says it is a Code violation and he will look into it - and the fountains, I was going to bring that up." With brief discussion with Manager McLemore, Mayor Bush inquired, "When is it going to be fixed? Do we have a date?" Furthermore, Mayor Bush stated, "As soon as you know, you might let the Commission know." Mr. Thomas A. Brown, 717 Addidas Road, Winter Springs, Florida: as Chairman of the Planning and Zoning Board/Local Planning Agency, Chairman Brown addressed four (4) issues the Board was concerned with regarding the proposed school planned for State Road 419. Discussion. Commissioner McLeod suggested that Manager McLemore "Talk to the School Board - I really think where this Bus Barn is, where the buses presently are, would probably make a better site for the Elementary School coming onto [State Road] 434, and move the Bus Barn over on that other property at the Industrial Park. That is just something that you may pass on to them." Mr. Bob Rucci, 973 Turkey Hollow Circle, Winter Springs, Florida: spoke on behalf of F.L.D.P. [Friends of Lease Optional Parks] and thanked the City Commission for their recent actions; noted how much their organization has already raised; spoke about a clarification on a recent City Commission decision; mentioned a sign to be possibly donated by a business owner; and handed some checks to Manager McLemore. Mr. George Seely, 211 Birch Terrace, Winter Springs, Florida: commented on Item 24., and commented on the Sunshine Law. Brief discussion. Mr. Corey Green, : representing the Winter Springs Professional Firefighters Local 3296, Mr. Green wished to speak on several Issues. Discussion ensued with Manager McLemore and Attorney Garganese. Mayor Bush stated, "Corey, let's set it aside until the Manager comes back with the County report." Mr. Kevin Billings, 202 Heatherwood Court, Winter Springs, Florida: representing the Reserve at Tuscawilla Homeowner's Association, Mr. Billings thanked the City Commission for all the help they have received and thanked Mr. Michael Mingea, ArboristlEnvironmental Inspector with the Community Development Department; addressed the City Commission in relation to Consent "K" and asked for continued assistance with the planting of trees. ~ ~ ~ ~ ~ t:::I CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRlL 28, 2003 PAGE 3 OF 21 Ms. Sharon Ta cka berry, 634 Cheoy Lee Circle, Winter Springs, Florida: commented on Tuskawilla Office Park, trees, and drainage concerns - and asked if the City's Arborist could get involved with this project. Mr. Jim Pappas, 1115 Deer Run Drive, Winter Springs, Florida: spoke on being pleased with the City's garbage service. .:..:. AGENDA NOTE: THE FOLLOWING CONSENT AGENDA ITEMS WERE DISCUSSED NEXT, BUT NOT NECESSARILY IN THE ORDER AS DOCUMENTED. .:. .:. CONSENT CONSENT 1. A. Parks And Recreation Department Requesting The City Commission To Apply For A Land And Water Conservation Fund Program Grant For The Potential Acquisition Of The Wincey Property And Authorize The City Manager To Apply For This Grant On Behalf Of The City Of Winter Springs. Discussion. CONSENT 2. B. Office Of The City Clerk Approval Of The April 14, 2003 City Commission Regular Meeting Minutes. CONSENT C. NotUsed. CONSENT 3. D. Community Development Department Approve Resolution Number 2003-17 To Vacate A Portion Of The Drainage Easement Which Is Set Forth In Plat Book 51, Page 1, Of The Public Records Of Seminole County, Florida. Discussion. ~~ ~ ~ ~ ~ ~ ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 28, 2003 PAGE 4 OF 21 CONSENT 4. E. Office Of The Mayor Resolution Number 2003-11 A Resolution Of The City Of Winter Springs, Florida, Expressing Appreciation To Gene Lein For His Service On The Winter Springs Paw Park Citizen Advisory Committee. CONSENT 5. F. Office Of The Mayor Resolution Number 2003-12 A Resolution Of The City Of Winter Springs, Florida, Expressing Appreciation To Ann Pennington For Her Service On The Winter Springs Paw Park Citizen Advisory Committee. CONSENT 6. G. Office Of The Mayor Resolution Number 2003-13 A Resolution Of The City Of Winter Springs, Florida, Expressing Appreciation To Bob Rucci For His Service On The Winter Springs Paw Park Citizen Advisory Committee. CONSENT 7. H. Office Of The Mayor Resolution Number 2003-14 A Resolution Of The City Of Winter Springs, Florida, Expressing Appreciation To Paul Williams For His Service On The Winter Springs Paw Park Citizen Advisory Committee. CONSENT 8. I. Office Of The Mayor Resolution Number 2003-15 A Resolution Of The City Of Winter Springs, Florida, Expressing Appreciation To Diane Ferraro For Her Service On The Winter Springs Paw Park Citizen Advisory Committee. CONSENT 9. J. Office Of The Mayor Resolution Number 2003-16 A Resolution Of The City Of Winter Springs, Florida, Expressing Appreciation To Richard Parsons For His Service On The Winter . Springs Paw Park Citizen Advisory Committee. Discussion ensued on the Winter Springs Paw Park Citizen Advisory Committee. ~ ;3 ~ '=' CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 28, 2003 PAGE 5 OF 21 CONSENT 10. K. Community Development Department Requesting The City Commission To Authorize A Supplemental Appropriation In The Amount Of $21,000.00 From The Arbor Fund Balance To Account 110-54685- For Unplanned Expense And New Projects. With discussion, Commissioner Edward Martinez, Jr. suggested, "In the future, if you have an unplanned expense, and you can justify it as you did today, that you spell it out so we know what it is." CONSENT 11. L. Police Department Requests The City Commission To Give Approval For The Purchase Of Eight (8) Level Four (4) Protective Vests, Twenty-Six (26) Level Four (4) Trauma Plates, Twelve (12) High Risk Entry Optics From The Special Law Enforcement Fund (State And Federal Asset Forfeitures). CONSENT 12. M. Finance Department Requesting City Commission Approve The Revised FY 2004 Budget Calendar. "MOTION TO APPROVE CONSENT AGENDA." MOTION BY COMMISSIONER MARTINEZ~ SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE DEPUTYMAYORMILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. INFORMATIONAL INFORMATIONAL 13. A. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. Mayor Bush stated, "Informational Agenda." ~ ~ ~ ~ ~ ~ ~ ~." ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 28, 2003 PAGE 6 OF 21 "MOTION TO APPROVE" INFORMATIONAL AGENDA. MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE DEPUTYMAYORMILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. PUBLIC HEARINGS PUBLIC HEARINGS 14. A. Office Of The City Manager Requesting The City Commission To Approve The Final Reading Of Ordinance Number 2003-04, Repealing Certain Sections Of Chapter Nine (9) Of The City Code Related To Impact Fees, Amending Police And Fire Impact Fees, And Establishing ANew Parks Impact Fee. Commissioner Michael S. Blake left the Commission Chambers at 7:10 p.m. Attorney Garganese read the Ordinance by "Title" only. Mayor Bush opened the "Public Input" portion of this Agenda/tem. No one spoke. The "Public Input" portion of this Agenda Item was closed. "I WOULD LIKE TO MAKE A MOTION TO APPROVE ITEM 'A.'" MOTION BY COMMISSIONER MARTINEZ. SECONDED BY DEPUTY MAYOR MILLER. DISCUSSION. Commissioner Blake returned to the Commission Chambers at 7:13 p.m. VOTE: COMMISSIONER McLEOD: NAY COMMISSIONER MARTINEZ: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER BLAKE: NAY MOTION CARRIED. ~ ~ ~ ~ <S .~]) ~ c:._=- -dJ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 28, 2003 PAGE 7 OF 21 PUBLIC HEARINGS . 15. B. Office Of The City Manager Requesting The City Commission To Approve The Second Reading Of Ordinance Number 2003-07 An Ordinance Of The City Commission Of The City Of Winter Springs, Florida, Amending Section 6-84 Of The Winter Springs Code Relating To Accessory Buildings; Allowing One (1) Or More Accessory Buildings Greater Than 240 Square Feet On Property With A Future Land Use Designation Of Residential Rural By Conditional Use, Providing For Repeal Of Prior Inconsistent Ordinances; Severability, And An Effective Date. Attorney Garganese read Ordinance 2003-07 by "Title" only. Mayor Bush opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. "I MAKE A MOTION THAT WE APPROVE ITEM 'B.'" MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE DEPUTY MAYOR MILLER: AYE MOTION CARRIED. PUBLIC HEARINGS 16. C. Office Of The City Manager Requests That The City Commission Consider For First Reading Ordinance Number 2003-02, Which Repeals Ordinance Number 545 And Dissolves The Tuscawilla County Club Village Streetlight Maintenance District ("District") Pursuant To Section 189.4042, Florida Statutes. The Proposed Ordinance Also Dissolves Resolution Number 720, And Discontinues The Levy, Collection And Enforcement Of Non-Ad Valorem Assessments By The District As Provided Under Section 197.3632, Florida Statutes. Mayor Bush stated, "Motion to read by 'Title' only?" "SO MOVED." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. ~ ~ ~ '=' CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 28, 2003 PAGE 8 OF 21 Tape IISide B VOTE: COMMISSIONER BLAKE: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" only. Mayor Bush opened the "Public Input" portion of this Agenda Item. Ms. Diane Sandquist, 1390 Augusta National Boulevard, Winter Springs, Florida: addressed the City Commission and requested that the deadline be extended to assist with their compliance. Ms. Helen Baker, 1182 Winged Foot Circle East, Winter Springs, Florida: also asked for an extension of an additional year. The "Public Input" portion of this Agenda Item was closed. "I WOULD LIKE TO MAKE A MOTION THAT WE DO APPROVE THE AGENDA ITEM, ORDINANCE NUUMBER 2003-02 - AND HAVE IT EXTENDED TO 2005 AND TO PASS IT ON FOR SECOND READING." MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. COMMISSIONER McLEOD ADDED, "THE DATE IS JANUARY OF 2005, AS IN ITEM 6." ATTORNEY GARGANESE SUGGESTED INSERTING, "IT WOULD BE EFFECTIVE DECEMBER 31, 2004." COMMISSIONER BLAKE ADDED, "COULDN'T WE ALSO MAKE THIS ORDINANCE EFFECTIVE AT THAT TIME?" ATTORNEY GARGANESE SAID, "WE CAN JUST CHANGE Section 8. OF THE ORDINANCE - 'THIS ORDINANCE SHALL BECOME EFFECTIVE DECEMBER 31,2004, AND PURSUANT TO CITY CHARTER.'" "I WOULD LIKE TO AMEND THE MOTION TO INCLUDE THE UPDATED LANGUAGE THAT THE ATTORNEY HAS GIVEN US." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. ~ ~; ~ ~ ~ '=' CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 28, 2003 PAGE 9 OF 21 VOTE: (ON THE AMENDMENT) COMMISSIONER MARTINEZ: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER McLEOD: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. VOTE: (ON THE MOTION, AS AMENDED) COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MARTINEZ: AYE DEPUTYMAYORMILLER: AYE MOTION CARRIED. REGULAR REGULAR 17. A. Office Of the City Manager Requesting The City Commission To Receive A Presentation By Randy Fox, Turnpike Planning Manager Addressing Issued Raised By The Commission Regarding A Feasibility Study On State Road 417. Mr. Randy Fox, AICP, Turnpike Planning Manager, Florida's Turnpike Enterprise, Post Office Box 613069, Ocoee, Florida: gave a presentation to the City Commission. With discussion, Deputy Mayor Robert S. Miller said to Mr. Fox, "If people are using transponders, it seems to me like it would be relatively easy, if you wanted to, to just give people credit that are using transponders that get on at [State Road] 434 and get off at Oviedo - Red Bug Lake Road." Deputy Mayor Miller added, "I would ask you to give . some attention to that, if it is possible." Discussion. Mr. Saad Shbaklo, Senior Transportation Engineer, Florida's Turnpike Enterprise, MP 263, Turkey Lake Service Plaza, Post Office Box 613069, Ocoee, Florida: also addressed the City Commission. Deputy Mayor Miller added, "I would encourage you to kick this around with your Board - I think Commissioner Blake has made the point eloquently." ~ ~ ~ ~ ~ ~ Cl" ^J CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 28, 2003 PAGE 100F21 REGULAR B. Not Used. REGULAR 18. C. Community Development Department Requesting Commission Consider And Approve A Conceptual Development Plan For A 192 Unit Apartment Complex On 10.7 Acres In The Town Center, Along The Southwest Side Of State Road 434, Between The Mobil Station And The Proposed Cross Seminole Trail. Tape 2/Side A Ms. Eloise Sahlstrom, AICP, AS LA, Senior Planner, Community Development Department presented her remarks to the City Commission regarding this Agenda Item. Mr. Dan Kirby, AlA, AICP, Sands pur Housing Partners, LTD., 1551 Sandspur Road, Maitland, Florida: addressed the City Commission on a proposed housing project. Discussion. "I WOULD LIKE TO MAKE A MOTION THAT THIS ITEM GOES BACK TO STAFF AND THAT STAFF AND THE APPLICANT GET TOGETHER ON A DATE TO BRING THIS BACK TO US AFTER THEY HAVE COMPLIED WITH THE RECOMMENDATIONS BY STAFF AS LISTED ON PAGE 2 OF THIS AGENDA ITEM WHICH CONSISTS OF FIVE (5) DIFFERENT ISSUES THAT HAVE TO BE CONSIDERED." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY DEPUTY MAYOR MILLER. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. Mayor Bush added, "So, Mr. McLemore and Mr. Kirby will be getting together on this." REGULAR 19. D. Police Department Requesting Consideration By The Commission To Re-Evaluate The Commercial Vehicle Issues Brought To Their Attention On February 24, 2003. Chief of Police Daniel J. Kerr spoke on this issue. i! ~ ~ ~ ~ ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 28, 2003 PAGE II OF21 Discussion. Regarding parking for commercial vehicles, Commissioner Blake suggested "It has to be in an area where it is not intrusive to neighboring parcels or you can't really see it from out in the public areas. I think that would be one of the safeguards that we would want to build in." Ms. Tracy Lesse, 1 Laurel Oaks Drive, Winter Springs, Florida: as the Property Manager for Golf Terrace Apartments, Ms. Lesse addressed this matter with the City Commission. With discussion, Ms. Lesse stated, "We will comply anyway we can." Tape 2/Side B Discussion. Commissioner Martinez stated, "I am suggesting that we set up a Workshop with the Police Department and bring back this Ordinance - and I think it is time that we possibly sit down and look at this Ordinance again, and see if we can somehow satisfy the majority of the citizens in Winter Springs as far as their efforts to drive and park their vehicles is concerned." Commissioner McLeod suggested, "The buildings facing [State Road] 434 would not be allowed to park vehicles at that building, on the front side, everything has to be around to the back side of those buildings." Further discussion. "I WOULD LIKE TO MAKE A MOTION THAT WE FOLLOW RECOMMENDATIONS OF STAFF AT THE PRESENT TIME TO MAKE THIS ORDINANCE FALL BETTER INTO COMPLIANCE AND BE ABLE TO BE MONITORED BY THE CODE ENFORCEMENT AND THE POLICE DEPARTMENT AND ASK THE CITY ATTORNEY TO BRING THAT BACK TO US AT NEXT MEETING." MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: AYE DEPUTYMAYORMILLER: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. Mayor Bush called a recess at 9:04 p.m. ~ ~ ~ ~ ~ = t::JJ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 28, 2003 PAGE 12 OF 21 The Meeting reconvened at 9: 14 p.m. REGULAR 20. E. Parks And Recreation Department Requesting The City Commission To Consider Again Options For Additional Park Screening At Moss Park That Are Not Budgeted And Would Require New Appropriation. Mr. Chuck Pula, Parks and Recreation Department Director addressed the City Commission. DeputyMayor Miller returned to the Commission Chambers at 9:17 p.m. Discussion Commissioner Blake returned to the Commission Chambers at 9:23 p.m. MOTION TO "APPROVE A SIX FOOT (6') HIGH STRUCTURAL BRICK WALL FOR WALL 'A' AND 'B.'" MOTION BY DEPUTY MAYOR MILLER. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: DEPUTYMAYORMILLER: AYE COMMISSIONER McLEOD: NAY COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: NAY COMMISSIONER MARTINEZ: NAY MOTION DID NOT CARRY. REGULAR 21. F. Office Of The City Clerk Requests That Commissioner Michael S. Blake Make An Appointment/Reappointment To The Code Enforcement Board To Replace Ken Furth Who Has Resigned. "I WOULD LIKE TO MAKE A MOTION WE APPOINT MATTHEW MATISAK TO THE CODE BOARD." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. . ~ ,~. t~'.,..~ M>.~~ r~"t~rl."l~ . [C:~::. .~, (>)~ rtw'd ~ c:> ~ C:I CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 28, 2003 PAGE I3 OF 21 VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE DEPUTY MAYOR MILLER: AYE MOTION CARRIED. REGULAR 22. G. Office Of The City Clerk Requests That The City Commission Consider Information In Response To Deputy Mayor Robert S. Miller's Comments From The April 14, 2003 Regular Meeting, Pertaining To A Recent Election. Mayor Bush stated, "Would the Commission have any objection if I were to contact Ms. Goard [County of Seminole Supervisor of Elections] concerning this item?" Commissioner McGinnis said, ''No.'' Deputy Mayor Miller stated, "I think that is a good idea." Mayor Bush added, "I will try to meet with her - this week or next week." REGULAR 23. H. Community Development Department - Planning Division Presents A Request By Tuskawilla Office Park, LLC, For An Amendment To The Existing Development Agreement To Accommodate The Entrance Features And Associated Signage For The Tuskawilla Office Park. Commissioner Blake asked Manager McLemore, "Where do we stand in terms of the changes that need to be made on the wall- the areas where it is not the correct height?" Manager McLemore stated, "We are assessing that now. I have a draft report ready for you but I need to perfect some of the information in it, so probably by next Commission Meeting, you would have all of that." "I WOULD LIKE TO MAKE A MOTION WE TABLE THIS ITEM." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE DEPUTYMAYORMILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. ~ r:.~ ~ ~ = ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 28, 2003 PAGE 14 OF 21 REGULAR 24. I. Office Of The City Manager Requesting The City Commission To Consider Approval Of A Revised Lighting Plan For The Town Center. Mr. Charles Carrington, Esquire, Greenberg Traurig, P.A., 450 South Orange Avenue, Suite 650, Orlando, Florida: addressed the City Commission. A plan with proposed lighting fixtures was shown to those in attendance. Commissioner Martinez spoke for the record on this issue and what has transpired prior to this evening. Mr. Russ Suddeth, 884 Bentley Green Circle, . Winter Springs, Florida: representing 1. Raymond Construction, Mr. Suddeth referred to a proposed lighting plan and spoke of the suggested lighting fixtures. Mr. Suddeth then stated, "When this first issue arose, the biggest issue was with the height - the height of the Modem style poles. So, the proposal that we bring to you tonight actually is a- five (5) step process and two (2) of those steps have already taken place. The first action item took place back in November of last year where we took the thirty-five foot (35') - we'll call them Modem fixtures and lowered their height from thirty-five feet (35') feet to twenty feet (20')." Mr. Suddeth then said, "From there, subsequent to some additional meetings that we had with Ron [McLemore], we purchased additional Acorn fixtures - Acorn fixtures are the single headed decorative fixtures that you see here. Now these Acorn fixtures were utilized to create a street effect, if you will, along the internal drive - Cliff Rose Drive, that is the internal drive that goes from [State Road] 434 around the fountain, to the rear entrance. This drive here, I believe is Tree Swallow Drive - so we lowered the fixtures; we purchased thirteen (13) additional Acorn fixtures, and those thirteen (13) additional Acorn fixtures were utilized for this - more of a street-lined effect. So from here, after the Commission Meeting, Shane [Doran] and Lee [Colyer] authorized me to go ahead and try to find a fixture to better mesh with the overall theme of the other fixtures and - tweak the design a little bit more. So this plan here, it's lowered the fixtures; we purchased the additional Acorn fixtures and the third thing is realigning the Sheppard fixtures, which are these fixtures here - which were existing and repositioned so that Tree Swallow Drive now has nothing but these Sheppard fixtures. So this drive here, nothing but Acorn's - this drive here, nothing but Sheppard's - the two (2) internal streets - and that has not been done yet." Furthermore, Mr. Suddeth stated, "We researched the fixture to be our workhorse if you will, to be the thousand watt fixtures like the modem fixtures - to replace the Modem fixtures, and we came up with this fixture here. Now what you see there is a quad fixture, or four (4) fixture - this proposal here would be to take the three (3) headed Modem fixture and replace it with - these three (3) headed - decorative fixtures that you ~ ~. ~~ ~~.J ~ ~ ~ = It:::I CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 28, 2003 PAGE 15 OF 21 see on the right hand side - this one here, which is more consistent with the Sheppard fixture there, in terms of the bracket anns - the existing pole would be maintained, we would take the round disc fixtures off, slide them off, slide these fixtures on - in doing that, that's the only way to really to achieve the photometrics that are required by Code and also to satisfy Publix's need. The expense for that is in the neighborhood of about - $50,000.00 - so that's the proposal." Commissioner Blake inquired, "Does this proposal include replacing the glass on the south side of the Pub1ix building?" Discussion. Tape 3/Side A Mr. Leigh Colyer, 69 Pitt Street, Charleston, South Carolina: representing the James Doran Company, Mr. Colyer addressed the issues at hand and stated, "What specifically are you asking?" Mr. Suddeth stated, "The spandrel glass that is on the south side of the Publix building, the white... Commissioner Blake added, ".. . Spandrel glass..." Mr. Colyer then said, "...Is that the only issue on the table that we are discussing..." Commissioner Blake stated, ".. .At the last Meeting that you all were here, March 31 st, there was an agreement to replace that with the darker glass that you are using on all the other buildings to give it that uniform look. . ." Mr. Colyer stated, "... That is something we did agree to in the last Meeting, but - it would have to be tied to approval of this plan." Mr. Colyer added, "It would have to be tied to the approval of this plan as Russ [Suddeth] has presented it - and the spandrel glass is not a problem. I don't know about the fountain." Manager McLemore stated, "I just want to make sure - that the proposal includes Cliff Rose Way, we did it on that prior agreement, right - where we were going to put in the extra Acorn's all the way through..." Mr. Colyer said, "... What we're presenting here is what we are asking you to approve." Furthermore, Mr. Colyer added, "You're talking about adding the triple heads - it does not include. . ." Manager McLemore then inquired, "...What does that include?" Mr. Colyer stated, "Single heads." Manager McLemore said, "Single heads there?" Mr. Suddeth stated, "Yes." Mr. Colyer then stated, "And single heads back there..." Manager McLemore then asked, ".. .And does it include the other Acorn's back here..." Mr. Colyer stated, "...It does include the Acorn's, but they're single..." Manager McLemore inquired, ".. .Double or single..." Mr. Colyer said, ".. .Single..." Manager McLemore inquired, ". ..And those meet your lighting requirements?" Mr. Colyer responded, "We're fine with those - with the addition of the WLS light - the new decorative light, we're okay." Manager McLemore then said, "The other issue which we never really settled last time - there are two (2) or three (3) lights back in the parking lot here that are Modern types and I just need to be clear on this so the Commission..." Mr. Colyer stated, "...We're replacing all of the Modern lights." Manager McLemore added, "They're all going right. . ." Mr. Colyer then said, ".. .All of the Modern lights." ~r'~;'''-l ~~.~~~ ~~2!>ii ~; ~~~ ~ ~ ~ ~ t=f CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRlL 28, 2003 PAGE160F21 Commissioner McLeod pointed out, "Mr. McLemore, I believe that also included coming down the front of Publix here..." Manager McLemore stated, "...They have the Sheppard's there, and we were okay with that - we asked for that replacement of that Modem pole right there with a Sheppard, and we would need to know if you are going to do that, because we agreed to do that the last time." Mr. Suddeth stated, "That fixture there will be like this fixture here, except for a single..." Manager McLemore said, ".. .It's going to look like that..." Mr. Suddeth explained, ".. .It's got a Modem disc on it now, so we are going to take the disc off and put one of these on it, so it will lend the appearance of a Sheppard." Manager McLemore then stated, "I just wanted to point out for the Commission what we had agreed to before, and that was that that light would be replaced with a Sheppard light, so now you are saying you will use that other type fixtUre; and this intersection would be triple heads at the four (4) comers to accent that. We would have additional Acorn's back here and additional Acorn's along here, and that is what we agreed to the last time including enhancing the fountain a little bit, and getting rid of the spandrel glass." With further discussion, Commissioner McLeod said to Manager McLemore, "So if they could dress that coiner up with the Acorn's as they are coming down here, all of a sudden they have got four (4) of them right there in the intersection, doesn't that dress it up also?" Manager McLemore explained, "My point being that they are at these positions not one here, not one over here, like they were. You would install them right, like this, right?" Mr. Suddeth stated, "That's correct." Commissioner McLeod asked Manager McLemore, "So you're fine with that?" Manager McLemore stated, "I can live with that. " With discussion on the fountain, Mr. Colyer stated, "Ron [McLemore], just like the ones we have on the signs coming into the project - it's what you are looking for - just some up-lighting." Manager McLemore stated, "Yes, basically bright and white." Further discussion. Manager McLemore suggested, "We can get our Landscape Architect who is doing the rest of the project for us, and we will give him a spec." With additional discussion, Manager McLemore stated, "We'll provide them with a spec for lighting and the - color, whether it is best to paint or best stained." "I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE THE LIGHTING PLAN AS PRESENTED TONIGHT MAKING THAT DOCUMENT AND EACH OF THE PICTURES PART OF THE RECORD AND I HOPE THERE IS A LEGEND ON THERE THAT EXPLAINS WHAT EACH OF THOSE COLORED DOTS MEANS; TO INCLUDE THE. REPLACMENT OF THE WHITE SPANDREL GLASS ON THE SOUTHEAST SIDE OF THE PUBLIX BUILDING, TO MAKE IT THE SIMILAR GLASS THAT IS ON THE OTHER BUILDINGS USED - THE DARKER SMOKE-COLORED GLASS AND TO INCLUDE AN AGREEMENT TO SIT DOWN WITH THE MANAGER AND DETERMINE HOW A $5,000.00 CONTRIBUTION WILL BE UTILIZED TO e'::~ ~~);:J ~"Idl ~ ~ ~ ~ ~."', ~ ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 28, 2003 PAGE 17 OF 21 ENHANCE THE FOUNTAIN AREA." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. MR. COLYER SAID, "$5,000.00 IS A LOT OF MONEY..." COMMISSIONER BLAKE STATED, "...UP TO..." VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE DEPUTYMAYORMILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. Discussion ensued on Certificate of Occupancy's. "I AM MAKING A MOTION TO ALLOW THE ISSUANCE OF CO'S [CERTIFICATE OF OCCUPANCY'S] OF BUILDING NUMBER 10, THE WASHINGTON MUTUAL BUILDING AND BUILDING NUMBER 8 WHICH IS THE BUILDING DUE WEST OF PUBLIX FRONTING ON [STATE ROAD] 434 WITH - THIS AGREEMENT BEING SIGNED, IN WRITING, OR WHATEVER WE NEED TO DO - UPON THEIR WRITTEN AGREEMENT WITH THIS ACTION, THEN THOSE C.O.'S [CERTIFICATE OF OCCUPANCY'S] CAN BE ISSUED." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. "I WOULD LIKE TO MAKE A MOTION - THAT WE AUTHORIZE THE CITY TO GO AHEAD AND DO WHATEVER NEEDS TO BE DONE WITH THAT PARKING AREA THAT COVERS THE ROOT STRUCTURE OF THAT TREE AND THEY JUST PASS THE BILL ALONG TO DORAN AND IT WILL BE. MADE PART OF THIS AGREEMENT." DEPUTY MAYOR MILLER ADDED, "WE HAVE AN EXHffiIT HERE, '28 APRIL 2003 TOWN CENTER OAK TREES.'" AMENDMENT TO THE MOTION BY DEPUTY MAYOR MILLER. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: (ON THE AMENDMENT) DEPUTY MAYOR MILLER: AYE COMMISSIONER McLEOD: NAY COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: NAY COMMISSIONER MARTINEZ: AYE MOTION CARRIED. ~.. ~ ~ ~ ~ ~ ~ ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 28, 2003 PAGE 18 OF 21 VOTE: (ON THE MOTION, AS AMENDED) COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR MILLER: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE FOLLOWING CONSENT AGENDA ITEM WAS DISCUSSED NEXT AS NOTED. .:. .:. CONSENT CONSENT 12. M. Finance Department Requesting City Commission Approve The Revised FY 2004 Budget Calendar. Mayor Bush stated, "In our Consent Agenda we actually approved changing the Budget Workshops and I had talked to the Manager today about it. I have talked to Louise about it. I arranged my work schedule to be here for Workshops. These new changes would conflict with my work - I want to be here for the Budget." Commissioner Blake added, "This is a proposed Budget Schedule. Each of our Budget Hearing Meetings will be set in a Regular Meeting. These are just suggested dates." .:..:. AGENDA NOTE: THE REMAINDER OF THE AGENDA WAS DISCUSSED AS DOCUMENTED. .:..:. REGULAR REGULAR 25. J. Office Of The City Manager Requesting The City Commission To Consider A 3.5% Increase In Compensation For Performance Year November 1, 2001 To October 30, 2002. "MOTION TO APPROVE." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. ~ ~ ~ c:::> ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 28, 2003 PAGE I90F21 VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONR MARTINEZ: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER BLAKE: NAY COMMISSIONER McLEOD: AYE MOTION CARRIED. Mayor Bush stated that Manager McLemore "Told me today that he is going to compile a list of the discussions that he had - with the individuals and then bring it back as a Report to the Commission as a whole, which of course, it can be discussed." Manager McLemore added, "In the past, I have taken and synthesized the comments and brought back to the Commission for information to do whatever you choose to do with it." REPORTS REPORTS 26. A. City Attorney - Anthony A. Garganese, Esquire Attorney Garganese spoke of the Binford and Duncan petitions and stated, "Mr. Duncan has voluntarily dismissed his petition." Attorney Garganese added, "Mr. Binford is still involved in the lawsuit." Secondly, Attorney Garganese said that the "Alcohol Nudity Ordinance and the Public Decency Ordinance were upheld." REPORTS 27. B. City Manager - Ronald W. McLemore No Report. REPORTS 28. C. City Clerk - Andrea Lorenzo-Luaces City Clerk Andrea Lorenzo-Luaces reminded the City Commission about tomorrow's Workshop on Goal Setting. REPORTS 29. D. Commission Seat Four - Sally McGinnis ,No Report. ~ ~ ~ ~ ~ ~ ~d CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 28, 2003 PAGE 20 OF 21 REPORTS 30. E. Commission Seat Five - David W. McLeod No Report. REPORTS 31. F. Commission Seat One/Deputy Mayor - Robert S. Miller Deputy Mayor Miller presented photographs of garbage dumpsters with overflowing contents located on Moss Road and said, "I would like the City to find out what is going on, why this continues to go on." Deputy Mayor Miller added, "I would like the City to look into this and do something." Captain Tolleson, Police department addressed Deputy Mayor Miller's concerns and stated, "As of six o'clock this evening - Florida Recycling, all of that was picked up except for what was in the dumpster, and it is scheduled to be picked up first thing in the morning." REPORTS 32. G. Commission Seat Two - Michael S. Blake Commissioner Blake remarked about the Paratransit issue and mentioned that excerpts from previous Commission Meetings in which this subject was discussed were at each seat on the dais. . REPORTS 33. H. Commission Seat Three - Edward Martinez, Jr. Commissioner Martinez also commented on the'Paratransit issue. Discussion. REPORTS 34. I. Office Of The Mayor -:- John F. Bush . Mayor Bush spoke about Arbor Day and stated, "Arbor Day - I thought was very well done, very well organized!" ~ ~ ~ ~ QF-"~ ~ = ~~:a ADJOURNMENT CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRlL 28,2003 PAGE 21 OF 21 Mayor Bush Adjourned the MeetinK at 10:31 p.m. RESPECTFULLY SUBMITTED: ANDREA LORENZO-LUACES, CMC CITY CLERK APPROVED: JOHN F. BUSH MAYOR NOTE: These Minutes were approved at the , 2003 Regular City Commission Meeting, i! ~ :;d ~ t::J