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HomeMy WebLinkAbout2004 07 26 Consent 201 COMMISSION AGENDA ITEM 201 Consent X Informational Public Hearings Regular July 26. 2004 Regular Meeting Mgr. 1 Dept. Authorization CONSENT 201. Office Of The City Clerk Approval Of The July 12,2004 City Commission Regular Meeting Minutes. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING JULY 12,2004 CALL TO ORDER The Regular Meeting of Monday, July 12, 2004 of the City Commission was called to order by Deputy Mayor Robert S. Miller at 5:41 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, arrived (via telephone at 7:33 p.m.) Deputy Mayor Robert S. Miller, Jr., present Commissioner Michael S. Blake, present Commissioner Donald A. Gilmore, present Commissioner Sally McGinnis, present Commissioner David W. McLeod, present City Manager Ronald W. McLemore, present City Attorney Anthony A. Garganese, arrived at 5:42 p.m. PUBLIC INPUT City Attorney Anthony A. Garganese arrived at 5:42 p.m. Mr. John Litovak, 1603 Little Sparrow Court, Winter Springs, Florida: noted that a neighbor constantly leaves their trash receptacles near the street and asked that the City address this issue. Mr. Mark Walters, 1605 Little Sparrow Court, Winter Springs, Florida: referenced Sections 13-1. and 13-2. of the City's Code and asked that Code Enforcement enforce the Code in regards to individuals who leave their trash receptacles near the street. Deputy Mayor Miller stated, "We will bring this to the attention of the Code Enforcement Officer. " Ms. Helga Schwarz, 720 Galloway Court, Winter Springs, Florida: as the President of the Highland Homeowners Association, Ms. Schwarz noted that in terms of Regular Agenda Items '514' and '515', that the Highlands Homeowner's Association would work with the City on replacement trees. ~'2J ~'""'\j l.c-~~J p,,,-,,]l re~31 ~.":h""'?' 0'[~:.2,? l--"'::.<'.~"<:.~ r2'S' ~, L~-.:.c.s..)..,.:"! ~'9\..-..c'i o~r~.~:: ~~~ G~>-., r;&;-~.." f?'~~i> CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 12, 2004 PAGE 2 OF 35 In regards to Regular Agenda Items '508', Ms. Schwarz noted that similar problems exist through their community and the City, and Ms. Schwarz asked for the City's help. On a personal note, Ms. Schwarz commented on the appraisal of a certain lot on Edgemon Avenue and asked that the Zoning remain the same, if the property is sold. Ms. Schwarz also spoke about PUD [Planned Unit Development] Setbacks and Variances. Mr. Luc Labreche, 866 Gazell Trail, Winter Springs, Florida: spoke on the plans of Father Bluett of St. Stephens Catholic Church to build a Columbarium and noted he was not in favor of this proposed project. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 100. Office Of The City Manager Requesting The City Commission To Review The Video Presentation Prepared For The July 4, 2004 Celebration. A video presentation was shown to those in attendance. CONSENT AGENDA Deputy Mayor Miller stated, "I would like to add - to the Consent Agenda, regarding this Attorney-Client Session that we just held with regard to litigation - 'Simmons v. City of Winter Springs' - 'Case No.: 03-499-CA-ll-W', in the amount of forty-five thousand dollars ($45,000.00) as discussed during the Attorney-Client Session that we just had; so I would like to add that to the Consent Agenda." Discussion. CONSENT 200. Information Services Department Requests Authorization To Dispose Of Surplus Assets According To The Attached Disposition Sheets. No discussion. ~ [E-~ [;;::l;::,;r.::::J ~:~ 1'2)8 L;:.""":"-')'~ (2~ (r-;~ ~-"'~, ~~ ~.",SI ~ ~=:S) / CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 12,2004 PAGE 3 OF 35 CONSENT 201. Parks And Recreation Department Requesting The City Commission To Authorize The City Manager And City Attorney To Execute The Florida Department Of Environmental Protection, Florida Recreation Development Assistance Program Project Grant Agreement For Central Winds Park Phase III. This Agenda Item was not discussed. CONSENT 202. Parks And Recreation Department Requesting That The City Commission Approve A Supplemental Appropriation From General Fund Reserves In The Amount Of $20,500.00 To Fund Additional July 4, 2004 Expenses. There was no discussion on this. CONSENT 203. Parks And Recreation Department Requesting That The City Commission Approve A Supplemental Appropriation From General Fund Reserves In The Amount Of $14,000.00 To Fund An Incorrect Assumption Of Athletic League Expenses And To Increase Unbudgeted League Revenue By $14,000.00. City Manager Ronald W. McLemore briefly spoke on this Agenda Item. CONSENT 204. Information Services Department Wishes To Update The Commission On Status Of The Acquisition Of A New Document Camera For The Commission Chambers And Requests Authorization To Delay Acquisition Until After New Projectors Are Purchased Next Fiscal Year. . No discussion. CONSENT 205. Office Of The Mayor Resolution Number 2004-22 - A Resolution Of The City Of Winter Springs, Florida, Expressing Appreciation To Byron Giltz For His Service On The Districting Commission. This Agenda Item was not discussed. @== ~ -~ ~ LS:;:;;;:;;'~ C;: -:.V_'--' ~ (2t::E'::J t,;::;.c.c=<J [~ (c:j~... L,:..Jo'---.....- c~. ~.," r-c~-;:J g-=="D CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 12, 2004 PAGE 4 OF 35 CONSENT 206. Office Of The Mayor Resolution Number 2004-23 - A Resolution Of The City Of Winter Springs, Florida, Expressing Appreciation To George Colombo For His Service On The Districting Commission. There was no discussion on this. CONSENT 207. Office Of The Mayor Res.olution Number 2004-24 - A Resolution Of The City Of Winter Springs, Florida, Expressing Appreciation To Lorry Roero For Her Service On The Districting Commission. No discussion. CONSENT 208. Office Of The Mayor Resolution Number 2004-25 - A Resolution Of The City Of Winter Springs, Florida, Expressing Appreciation To Lee Ferguson For His Service On The Districting Commission. This Agenda Item was not discussed. 209. CONSENT Office Of The Mayor Resolution Number 2004-26 - A Resolution Of The City Of Winter Springs, Florida, Expressing Appreciation To Ron Webb For His Service On The Districting Commission. There was no discussion on this Agenda Item. CONSENT 210. Office Of The Mayor Resolution Number 2004-28 - A Resolution Of The City Of Winter Springs, Florida, Expressing Appreciation To Art Hoffmann For His Service On The Districting Commission. No discussion. EiJ ~~ ~~:::J r. :;:;:;:..::,:;:" \"S,:-:,;:-J @--"::".",~ C-'" ..._,::: _2,'~~ (C:)Ir"1'..r-" ..r-'~'':''-......J CS1\::~' r~..JS:'-~,'J ~=- ~J C?"""':::-~:'~-.J FS ~-' CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 12,2004 PAGE 5 OF 35 CONSENT 211. Office Of The City Clerk Approval Of The June 28, 2004 City Commission Regular Meeting Minutes. There was no discussion on this Agenda Item. ADD-ON CONSENT Office Of The City Attorney Simmons v. City Of Winter Springs. Other than Deputy Mayor Miller's remarks at the beginning of the Consent Agenda, no discussion was held during the Consent Agenda on this issue. Deputy Mayor Miller stated, "I am looking for a Motion to approve Consent Agenda." "SO MOVED." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. CITY CLERK ANDREA LORENZO-LUACES VERIFIED THAT THE MOTION INCLUDED, "WITH THE LAWSUIT ADDED ON." DEPUTY MAYOR MILLER STATED, "YES." VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE DEPUTYMAYORMILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. INFORMATIONAL AGENDA INFORMATIONAL 300. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. No discussion. ':-- ~ !_~_-l ':?,; <=:;"'1 ic~...JJ i~l 'r::! 1 ;.::",~=J Ls\:: ;~~~ 2=~~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 12.2004 PAGE 6 OF 35 INFORMATIONAL 301. Information Services Department Wishes To Update The Commission On The Status Of The I.T. [Information Technology] Plan Created In FY [Fiscal Year] 2002. There was no discussion on this Agenda Item. INFORMATIONAL 302. Not Used. This Agenda Item was not discussed. INFORMATIONAL 303. Utility Department Responding To The City Commission Request On The Recommended Standards For Fluoride. There was no discussion on this Agenda Item. INFORMATIONAL 304. Public Works Department Update Commission On Status Of The Public Works Department Mosquito Control Program. No discussion. INFORMATIONAL 305. Public Works Department Advising The City Commission On Current Progress Of The Urban Beautification Division. There was no discussion on this Agenda Item. INFORMATIONAL 306. Community Development Department - Customer Service Division Advising The City Commission On The Status Of Various Licensing And System Projects. This Agenda Item was not discussed. ~:?) ri~"':;;""l l ~~:~:~J G-:D~ [,.c...;::,j [r:;)\. ~ !::~.'- ~ (C:L~ ~_.....::=~. l._=~ D:~ r ---=(] ~~=~. .....--::) CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 12, 2004 PAGE 7 OF 35 "I MOVE WE APPROVE THE INFORMATIONAL AGENDA." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE DEPUTY MAYOR MILLER: AYE MOTION CARRIED. .:. .:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEMS WERE DISCUSSED NEXT, IN THE ORDER AS DOCUMENTED, FOLLOWED BY THE REST OF THE AGENDA. .:. .:. REGULAR AGENDA REGULAR 500. Office Of The City Manager Requesting The Commission To Accept A Report From The Building Permit Study Committee Regarding Recommended Improvements To The Permitting Process In The City. Mr. Skip Burnside, Consultant, Government Services Group, Inc., 1500 Mahan Drive, Suite 250, Tallahassee, Florida: presented a Report to the City Commission. Tape IISide 8 Mr. Burnside continued with his presentation. With discussion, Commissioner David W. McLeod said, "1 would like to see us move it forward as rapidly as we can, but not so rapidly that we lose what we are doing with the program." . Discussion. "I WOULD LIKE TO MAKE A MOTION THAT WE ACCEPT THE STUDY FROM GSG [GOVERNMENT SERVICES GROUP, INC.] AND DIRECT THE CITY MANAGER TO BEGIN IMPLEMENTING THE PROGRAM." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. ~ rz:: .~ i:>:~:~ (~-~-'-=~;) ((..:.....D i;':::'~.-:.:-:J I ~'.:.;;;J r,::--:.\ 1_'::;;' ..::::;: ;g~ [.c~'==8 tc-=.5) CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 12, 2004 PAGE 8 OF 35 VOTE: COMMISSIONER BLAKE: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. REGULAR 502. Office Of The City Manager Requesting The Commission To Receive A Report From Waste Services Of Florida Regarding Solid Waste Collection Issues In The City. Mr. Dan Malloy, District Manager, Central Florida Division, Waste Services of Florida, 1099 Miller Drive, Altamonte Springs, Florida: addressed the City Commission and stated, "What I have committed on behalf of Waste Services of Florida is we will do everything we need to do to bring our service levels to an expected level. In my mind and in the management team that we are assembling, the only acceptable level is one that pleases the City of Winter Springs." Next, Mr. Malloy added, "The first thing that we're doing is addressing equipment situations and concerns as well as employee concerns that the City has had, and that basically deals with having everybody in the proper uniforms; having equipment up to spec, stopping the leakages of equipment; and obviously picking up the garbage on a timely and efficient manner." Further noted by Mr. Malloy was that "We are going to a new program that you will see probably within a couple of weeks that will have all the employees in the same uniform, identifiable with the name Waste Services of Florida on the uniforms. Now, that obviously doesn't take care of all the concerns, but we believe it is a strong start, and it is something we are committed to. And, when I had spoken to the City Manager - we were looking at having everything up to speed in a sixty (60) to ninety (90) day period. Now, I had met with the City Manager McLemore back in the beginning of June so we are about thirty (30) days into the process." Mr. Malloy remarked that regarding the "'Favored Nations' Clause - there was an article in your Agreement that basically provides for free services or equivalent services that other Municipalities get in their contract - you get the equal price to what they have. Oviedo ended up having a zero (0) charge for a certain collections within their City, and there is a billing issue that dates back to quite some time where FRS - Florida Recycling Services had billed the City of Winter Springs. ~ r2:-:-_:;~j c- .:-_J ((:~:::--:') [" -.- -.) :'..":': :_",,/~ (-:''''~I' ~ . :2.,' .-"-:] Ltc. ,-L-'I '~-I ':..o.:;-r.-.,J ~~] ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 12,2004 PAGE 9 OF 35 After researching it - it is a gray area and it is one that I know the City has a contention about, and understanding what you'd been through, and the lack of service that you may have experienced over the past period of time, I am here tonight to tell you that we will waive those fees up through January 1 st of this year. I believe that goes back to October 2002, is when those charges have accrued from - I guess we could pick a number - about two thousand dollars ($2,000.00) a month. We are willing to clean the slate to get a good understanding that we are here to get off on a good foot and get you the services you desire. One other note on the 'Favored Nations' Clause, our intent would be to bill for those charges through the close of this year, and then the remaining balance of our Agreement with the City of Winter Springs, we will not bill for those services." Commissioner McLeod inquired, "Are you saying you are going to charge just for one (1) year of those services - from January to December?" Mr. Malloy responded, "Yes, this calendar year, and then after this calendar year, Decemb.er 31 st, we will remove the charges for the remainder of the Agreement." Commissioner McLeod then asked, "Which is how long?" Mr. Malloy stated, "I believe it goes to September '06 [2006], so it's a year and nine (9) months." Commissioner McLeod then said, "Why don't you remove them until July of this year and add them from this July to next July?" Mr. Malloy said, "How about it's something we will take under consideration and we will take a look at that." Commissioner McLeod added, "Take it strongly, will you?" Mr. Malloy then said, "We will take a good look." Mr. Malloy then explained that "There were a couple of areas of concern I guess within the City of Winter Springs where we need to come up with some solutions on some service areas that need to be addressed and that is something that we are. committed to." Furthermore, Mr. Malloy remarked that "I think community involvement has been something that probably has been neglected over the last few years here and that is something that we are committed to getting involved in; whether it is with - the local Rotary's or Chambers or directly with the City of Winter Springs. It is something that we will be actively participating in." With further comments, Mr. Malloy spoke on the company's name and stated, "I think the sooner we can change our names on our trucks and get things more systematic and everybody on the same page, I think the better off we'll all be. And I think that is something that I would like to request to have happen. If the Commissioners do not decide that that is appropriate, I mean obviously we're okay with moving forward under the FRS [Florida Recycling Services] name, at this point." Commissioner Sally McGinnis pointed out her concerns with damaged property and stated, "In my community, two (2) weeks ago, we just had our dumpster doors replaced - six hundred dollars ($600.00). The day after they were painted and replaced, the person removing our debris - emptying our dumpster broke the hinges." Commissioner McGinnis added, "I have reported that twice. It hasn't been fixed and I haven't heard anything. That is very discouraging to me." ~._-- -----") .-- ..._-.... [( ~-~..~I ] { <>- ....J ~..~~~ r;-. ,'__ Lr-- ._~<J ( ;:-::'\. L-:=:':::1l ~-~ C;:'=-=-::J f==j) CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 12, 2004 PAGE 10 OF 35 Furthermore, Commissioner McGinnis added, "None of this is being resolved." Mr. Malloy stated, "I will look into that personally myself and get back to you." Deputy Mayor Miller added, "I can't agree with her more." Additionally, Deputy Mayor Miller noted, "There was a time here for several years where it seemed like the same people where on the same trucks, all the time. I think it - was a better relationship between the community and the crews that were driving around. Here in the last few years it seems like every time a truck comes around, there is a different crew on it." Discussion. Tape 2/Side A With further discussion, Attorney Garganese said, "From what I heard from the representative, is that they would like to have the Contract placed in the new company's name - if possible, and in doing so, we can incorporate additional language that Mr. McLemore is recommending regarding service criteria." Manager McLemore stated, "We can bring that to you as another Agenda Item." Commissioner McGinnis stated, "Good." Deputy Mayor Miller asked the Commission, "Shall we proceed on that basis?" Commissioner Michael S. Blake asked if Mr. Malloy was in agreement with the Contract - and Mr. Malloy responded, "For the most part." Mr. Malloy added, "Some measurement issues and maybe - a couple language tweaks; but, I don't see anything major that is going to be a stumbling block on our part?" Commissioner Blake then inquired of Mr. Malloy, "Would your Company consider re- looking at the pricing in order to secure an extension?" Mr. Malloy replied, "I think that's something we would always want to take a look at." Commissioner Blake added, "Why don't you bring something to the table on that also." Mr. Malloy added, "Okay." Furthermore, Mr. Malloy stated, "We will get something back that is commensurate with your existing Agreement as far as the term and we will look at the pricing as well." REGULAR 505. Office Of The City Manager The Rotary Club Of Winter Springs Requesting The City Commission To Consider Entering Into A Partnership With Rotary To Construct A Veterans Memorial To Honor Winter Springs Veterans. Judge Nancy F. Alley, Circuit Judge, 18th Judicial Circuit of Florida, 301 North Park Avenue, Sanford, Florida: addressed the City Commission on behalf of the Rotary organization. Mr, Bill Starmer, Starmer Ranaldi Planning and Architecture, Inc., 890 Northern Way, Winter Springs, Florida: presented a rendering of the proposed project. ~ r::~- ~~:~ [, _.:_::..J 2~~~:~:'~ r;.:' --, ,-'" r- "- .-...J (<~<l iE~~~l t~~--':,) CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 12, 2004 PAGE 11 OF 35 Mr. Tom Alley, Retired Captain, United States Navy: addressed the City Commission on the Veteran's perspective. Brief discussion. Mayor John F. Bush arrived via telephone at 7:33 p.m. Commissioner McGinnis suggested, "I would like for you to consider - the word 'Commemorative' in lieu of'Memorial'." Further discussion. "I WILL MAKE A MOTION THAT WE ENTER INTO A PARTNERSHIP WITH ROTARY - WITH THE INTENTION OF CREATING THIS MEMORIAL - WHATEVER THE. APPROPRIATE TERM IS GOING TO BE - FOR THE VETERANS, AND THAT WE ENCOURAGE ALL OTHER INTERESTED. - CIVIC ORGANIZATIONS IN WINTER SPRINGS TO PARTICIPATE AS MUCH AS POSSIBLE." MOTION BY DEPUTY MAYOR MILLER. MS. ALLEY STATED, "MR [RONALD] McLEMORE IS ALREADY ON OUR COMMITTEE WITH REGARD TO THIS PROJECT AND MIGHT I ASK THAT HE BE MAINTAINED AS THE LIAISON." SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE DEPUTYMAYORMILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. Mayor Bush ended his conference call at 7:44 p.m. ADD-ON REGULAR 517. Community Development Department Requesting The City Commission To Receive A Report From Walter Kulash Of Glatting Jackson Regarding Traffic Management In The Town Center. Mr. Walter Kulash, Partner, Glatting, Jackson, [Kercher, Anglin, Lopez, Rinehart, Inc.], 33 East Pine Street, Orlando, Florida: presented information to the City Commission. ~ ['.." .n,-. ' (":':7: .'; c.:~;',:, -:. - 1 ft..:...... )' \...: -~- '. f?. . :,. ; 0,-':, -: rG:\. L;., I ['"- ./ &;-,-:;~ C:.==-..:J CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 12, 2004 PAGE 12 OF 35 Tape 2/Side B With discussion, Commissioner Donald A. Gilmore remarked that "The intersection of [State Road] 434 and Tuskawilla Road - that right turn to the west; that - really is not a nice situation." Commissioner Gilmore added, "If they don't know that that road sweeps the way it does, they have one of two (2) choices - they either go straight down Tuskawilla Road, make a U-turn and go all the way back or they violate the law and make a right turn there. And - personally, I think that needs a better look at." Mr. Kulash stated, "We'd be glad to do that. Can you convey to us where these all are Ron [McLemore]?" Manager McLemore stated, "Sure." Furthermore, Commissioner Gilmore added, "One of the complaints that I hear a lot about is in the traffic within the Town Center - being confusing and it needs to be looked at." Mr. Kulash mentioned that "We are making some recommendations to the Developer on that." Discussion. Deputy Mayor Miller said, "I would suggest that you sit with the City Manager and look at our original stuff which pretty much addresses the issues you are bringing up with having side roads with all these heavy trees along the roadway." Manager McLemore added, "We'll do it - we will get back to you." Furthermore, Deputy Mayor Miller said to Manager McLemore, "I think what we need to do is you need to sit down, go over these and come back with maybe an Informational Item in between where these are sticking points that might be difficult - so we are aware of things that are going to take a little bit longer or may never be accomplished." Manager McLemore commented that "I think we will come back to you real soon with another set of specific recommendations and steps and tasks in getting it done." Manager McLemore left the Commission Chambers at 8:31 p.m. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 400. Community Development Department - Planning Division And Planning And Zoning Board Requests The City Commission Hold A Public Hearing For Final Reading And Adoption Of Ordinance 2004-28, Establishing A New Zoning District Entitled "C-3 Highway 17-92 Commercial" And Revising The "C-l Neighborhood Commercial", "C-2 General Commercial", And "1-1 Light Industrial" Zoning Districts. Attorney Garganese read the Ordinance by "Title" only. ~?> Lf~r"":-:';.<:" '-=~-.'~. _. ~-_.. -.J ~;~:~) , - . . ~. ) (. -, ..... ... . r., .-.:"1 t... -:... . .-! L"'::-c"l I.'" ,r.. C. :.--:...0 CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 12, 2004 PAGE 13 OF 35 Ms. Eloise Sahlstrom, AICP, ASLA, Senior Planner, Community Development Department pointed out that "This is our Third Reading on this item. There were two (2) changes made to it, from what you saw last time. You might recall, that Commissioner Miller asked about the 'Radio and TV broadcasting studios...' Staff determined that it would make sense to strike that item because it was difficult to define the Broadcasting and there is certainly other places in the City, particularly the Gill - GreeneWay Interchange District that would probably be a really good place for 'Radio and TV broadcasting' and so forth, but not really within the 'C-l'. So to simplify the 'C-1', it made sense to just strike it. The other change was under the '1-1 Industrial' and actually - it is under Section 20-259. 'Uses Permitted'. It is 'Use' number ill. Deputy Mayor Miller opened the "Public Input" portion of the Agenda Item. No one spoke. Deputy Mayor Miller closed the "Public Input" portion of the Agenda Item. .:. .:. AGENDA NOTE: THE PREVIOUS REGULAR AGENDA ITEM WAS DISCUSSED BRIEFLY NEXT, AS DOCUMENTED. .:..:. REGULAR AGENDA ADD-ON REGULAR 517. Community Development Department Requesting The City Commission To Receive A Report From 'Valter Kulash Of Glatting Jackson Regarding Traffic Management In The Town Center. Manager McLemore returned to the Commission Chambers at approximately 8:35 p.m, Commissioner Blake asked Manager McLemore, "Are you planning on doing some cost evaluations and bringing it back to us to let us know what each phase of what he is recommending would cost?" Manager McLemore responded, "Absolutely." Commissioner Blake added, "And some plan as to how those costs might be absorbed, and by who?" Manager McLemore stated, "Absolutely." .:. .:. AGENDA NOTE: PUBLIC HEARINGS AGENDA ITEM "400" WAS CONTINUED WITH, AS DOCUMENTED, FOLLOWED BY THE REMAINDER OF THE AGENDA. .:..:. (;-=~ 1.-.-. ~ ' ! !y;~<:- ; r ~.' . -' (. ..., '" '- , , ,; [ .-:. . -..? (- .'-~,~ [. .- L .-...\ J.. _ r _-.. ~ ~ [:. ,; .'-_'-i I.. .,c=:; L~"-~ PUBLIC HEARINGS AGENDA CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 12,2004 PAGE 14 OF 35 PUBLIC HEARINGS 400. Community Development Department - Planning Division And Planning And Zoning Board Requests The City Commission Hold A Public Hearing For Final Reading And Adoption Of Ordinance 2004-28, Establishing A New Zoning District Entitled "C-3 Highway 17-92 Commercial" And Revising The "C-l Neighborhood Commercial", "C-2 General Commercial", And "1-1 Light Industrial" Zoning Districts. Commissioner Blake asked what Zoning Classification would a Cemetery or similar place be found in. Ms. Sahlstrom stated, "I would have to look at our 'Permitted Uses'." Commissioner Blake then said to Attorney Garganese, "Is that something we need to provide for in the City?" Attorney Garganese responded, "I would have to research it." "I MOVE WE ADOPT ITEM '400'" - ORDINANCE 2004-28. MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER GILMORE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR MILLER: AYE MOTION CARRIED. PUBLIC HEARINGS 401. Not Used. PUBLIC HEARINGS 402. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For Second Reading And Adoption Of Ordinance 2004-16, A Small Scale FLUM [Future .Land Use Map] Amendment Which Changes The Future Land Use Map Designation Of An 8.56 Acre Parcel, Located At 1181 Orange Avenue, From (Seminole County) "Suburban Estates" And "Conservation" To (City Of Winter Springs) "Town Center" And "Conservation Overlay" (On Those Affected Areas). Attorney Garganese read Ordinance 2004-16 by "Title" only. Commissioner Blake left the dais at 8:38 p.m. ~ l.~_. '--::~J r':_"'>J I T- '. [...:.' 1(,'.. --;-.'. '-.:: - --~--!) (',.. -~~ ,. . .~.J L:'-:':J [':'. '.. Jj ! -.. l;U CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 12, 2004 PAGE 15 OF 35 Deputy Mayor Miller opened the "Public Input" portion of the Agenda Item. No one spoke, Deputy Mayor Miller closed the "Public Input" portion of the Agenda Item. "MOTION TO APPROVE ORDINANCE 2004-16." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. YOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER McLEOD: AYE Commissioner Blake returned to the dais at 8:40 p.m. COMMISSIONER BLAKE: AYE MOTION CARRIED. PUBLIC HEARINGS 403. Community Development Department - Planning Division Requests Commission Hold A Public Hearing For Second Reading And Adoption Of Ordinance 2004-17, Which Rezones 8.56 Acres (More Or Less) Located At 1181 Orange Avenue From "A-1" Agricultural (Seminole County) To "Town Center" (City Of Winter Springs). Attorney Garganese read the Ordinance by "Title" only and stated, "This Ordinance has a Conditional Effective Date, which you need to be aware of. It is conditioned upon the previous Ordinance 2004-16 becoming effective." Deputy Mayor Miller opened the "Public Input" portion of the Agenda Item. No one spoke. Deputy Mayor Miller closed the "Public Input" portion of the Agenda Item. Deputy Mayor Miller stated, "I am looking for a Motion to approve Item '403'." "SO MOYED." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. ,r::::-=-..... ,r. __ . I': -'.::' : I ~o. 1 (~,;:" ''I (',' . --.~ ~ . , ( -, I..,. l C- \ --, f";~ . j ~:;~~~: .~ ~," --~._;) ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 12, 2004 PAGE 16 OF 35 YOTE: COMMISSIONER GILMORE: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. PUBLIC HEARINGS 404. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For Second Reading And Adoption Of Ordinance 2004-19, A Small Scale FLUM [Future Land Use Map] Amendment Which Changes The Future Land Use Map Designation Of An 1.7 Acre Parcel, Located At 1184 Orange Avenue, From (Seminole County) "Suburban Estates" And "Conservation" To (City Of Winter Springs) "Town Center" And "Conservation Overlay" (On Those Affected Areas). Attorney Garganese read the Ordinance by "Title" only. Deputy Mayor Miller opened the "Public Input" portion of the Agenda Item. No one spoke. Deputy Mayor Miller closed the "Public Input" portion of the Agenda Item. Deputy Mayor Miller stated, "I am looking for a Motion - if there are no comments or questions to approve Item '404'." "SO MOYED." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE DEPUTYMAYORMILLER: AYE MOTION CARRIED. 6?J rc.:~.., ~~. ~ [, --. . t-~ -j~--' " -", -~~ L... ~. A.,., (- , '] l; _ _ -. L "-:"1 l': . 'J 1:- - _ J ~fj CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 12, 2004 PAGE 17 OF 35 PUBLIC HEARINGS 405. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For Second Reading And Adoption Of Ordinance 2004-20, Which Rezones Map Designation Of An 1.7 Acre Parcel, Located At 1184 Orange Avenue From "A-I" Agricultural (Seminole County) To "Town Center" (City Of Winter Springs). Attorney Garganese read Ordinance 2004-20 by "Title" and then explained, "This Ordinance also has a Conditional Effective Date. It is contingent upon Ordinance 2004- 19 becoming effective." Deputy Mayor Miller opened the "Public Input" portion of the Agenda Item. No one spoke. Deputy Mayor Miller closed the "Public Input" portion of the Agenda Item. "MOTION TO APPROVE ORDINANCE 2004-20." MOTION BY COMMISSIONER McGINNIS. SECONDED BY DEPUTY MAYOR MILLER. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYK DEPUTYMAYORMILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. PUBLIC HEARINGS 406. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For Second Reading And Adoption Of Ordinance 2004-22, A Small Scale FLUM [Future Land Use Map] Amendment Which Changes The Future Land Use Map Designation Of Two Parcels, Located At Approximately 1268 Orange Avenue, From (Seminole County) "Suburban Estates" And "Conservation" To (City Of Winter Springs) "Town Center" And "Conservation Overlay" (On Those Affected Areas). Attorney Garganese read Ordinance 2004-22 by "Title" only. Deputy Mayor Miller opened the "Public Input" portion of the Agenda Item. ('~:-:- " I . . i , I (. '- . ( L , [ t'. . i [> [., . .; J c- ,:',,') CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 12, 2004 PAGE 18 OF 35 No one spoke. Deputy Mayor Miller closed the "Public Input" portion of the Agenda Item. ,----- - ~ "'- I' I "MOTION TO APPROVE ORDINANCE 2004-22." MOTION BY COMMISSIONER McGINNIS. SECONDED BY DEPUTY MAYOR MILLER. DISCUSSION. \'- VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER GILMORE: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. ._.-:. ".1 r--~~~ PUBLIC HEARINGS 407. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For Second Reading And Adoption Of Ordinance 2004-23, Which Rezones Two Parcels, Located At Approximately 1268 Orange Avenue From "R-1" (Seminole Coulllty) To "Town Center" (City Of Winter Springs). Attorney Garganese read the Ordinance by "Title" only. Tape 3/Side A Furthermore, Attorney Garganese stated, "This Ordinance has a Conditional Effective date. It is conditioned upon Ordinance 2004-22 becoming effective." Deputy Mayor Miller opened the "Public Input" portion of the Agenda Item. No one spoke. Deputy Mayor Miller closed the "Public Input" portion of the Agenda Item. "I AM GOING TO MAKE A MOTION THAT WE APPROVE ITEM '407'" - ORDINANCE 2004-23. MOTION BY DEPUTY MAYOR MILLER. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 12,2004 PAGE 190F35 VOTE: COMMISSIONER GILMORE: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. PUBLIC HEARINGS 408. Office Of The City Attorney And Office Of The City Manager Request That The City Commission Approve On Second Reading Ordinance 2004- 31 Which Shall Amend Chapter 6 Of The City Code, Relating To Minimum Setback Requirements For Principal Buildings Located On Property Zoned Planned Unit Developments. Attorney Garganese read the Ordinance by "Title" and pointed out that "At the last Commission Meeting, the Commission made a couple of suggestions which I incorporated into this Ordinance before Second Reading. Beginning on page 2 of 4 of the Ordinance, I added a Section for Zero Lot Lines which specifically sets forth what the minirilUm Setback requirements will be for principal buildings. In addition, I added a 'Conflict' Section beginning on page 3; and the 'Conflict' Section says that in the event there is any conflict between the requirements of this Section and any Declarations and Covenants that are recorded for a particular PUD [Planned Unit Development] - the more restrictive shall apply. What we left out of the last draft, which Commissioner Blake brought to everyone's attention was another 'Conflict' Section which addressed Development Agreements. So I added a sentence which says that in the event there is any conflict between the requirements of this Section and a recorded Development Agreement, and I added, 'Court approved Settlement Agreement governing site conditions of the PUD [Planned Unit Development] - the conflicting provisions in the Development Agreement or the Court approved Settlement Agreement shall prevail' ." Deputy Mayor Miller opened the "Public Input" portion of the Agenda Item. No one spoke. Deputy Mayor Miller closed the "Public Input" portion of the Agenda Item. Deputy Mayor Miller stated, "I am looking for a Motion to approve" - Item "408". F~ i-T.~1 [ . J <.. - / f. lJ -' ,J I l . - .; , t... _ ,. ~ I F' __ I l--: .:--) CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING -JULY 12, 2004 PAGE 20 OF 35 "SO MOVED." MOTION BY COMMISSIONER McGINNIS. SECONDED BY DEPUTY MAYOR MILLER. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. PUBLIC HEARINGS 409. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For Aesthetic Review Of Reece Building Three On Nursery Road. Ms. Sahlstrom introduced this Agenda Item and showed sample materials and drawings. Discussion. Deputy Mayor Miller opened the "Public Input" portion of the Agenda Item. No one spoke. Deputy Mayor Miller closed the "Public Input" portion of the Agenda Item. Deputy Mayor Miller stated, "I am looking for a Motion to approve Item '409'." "SO MOVED." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. 0'--, I.. ,: '- ; ; . ~ ~ l ( : (. l. ( ! ..1 .1 , . " ~ ~ G-- =) CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 12,2004 PAGE 21 OF 35 PUBLIC HEARINGS 410. Office Of The City Attorney Requests That The City Commission Approve On First Reading Ordinance 2004-29 Which Shall Amend Chapter 13 Of The City Code, Creating A New Article III, Entitled Miscellaneous Nuisances, And Regulating Skateboarding And Other Related Activities As Public Nuisances. Brief discussion ensued on the status of the Reading. Deputy Mayor Miller stated, "We need a Motion to read by 'Title' only." "SO MOVED." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER McLEOD: NAY MOTION CARRIED. Attorney Garganese read the Ordinance in its entirety. Deputy Mayor Miller opened the "Public Input" portion of the Agenda Item. Mr, Tim Payne, 864 Gazell Trail, Winter Springs, Florida: spoke on this issue and the need for a Skate Park. Deputy Mayor Miller said to Mr. Payne, "I would suggest you work with the Parks Manager." Deputy Mayor Miller closed the "Public Input" portion of the Agenda Item. Commissioner Blake remarked that "Section 13-62. @ - does that suggest that unless it is posted by a property owner that it is not prohibited?" Commissioner Blake added, 'What does the absence of a sign mean?" Attorney Garganese said, "It should be 'prohibiting', not 'Or permitting.' So, I would strike the language, 'Or permitting'." Commissioner Blake then suggested, "Wouldn't it make more sense to blanket 'prohibited' unless it is specifically permitted?" ("" . I , . [ <.. (- l. , t L" ~ " , , [~ .. , c. I (,_ "1 ~~__ ..:J CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 12, 2004 PAGE 22 OF 35 Further discussion ensued on bicycles, swimming pools, and skateboard parks. Commissioner McLeod said, "Why don't we take another quick look at this Park for skateboards?" Commissioner McLeod added, "Check with Oviedo - what has their response been over there?" Furthermore, Commissioner McLeod spoke of previous liability concerns and added, "I think we ought to go back to Oviedo and let us fmd out where that is at and let's find out about the acceptance of the Park, and see if that may be something we need." Manager McLemore mentioned that "You recall that the State did pass some Legislation giving us protection from Liability." Commissioner McLeod then said, "Could we have the Parks Director look back into that. If the rest of the Commission is in favor of that." Deputy Mayor Miller stated, "That is fine with me." Commissioner McGinnis noted, "Sure." Furthermore, Deputy Mayor Miller said, "Make it so Ron [McLemore]." Commissioner GIlmore nodded in agreement. "I MAKE A MOTION TO MOVE TO SECOND READING." MOTION BY COMMISSIONER McLEOD. SECONDED. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. PUBLIC HEARINGS 411. Office Of The City Attorney Requests That The City Commission Approve On First Reading Ordinance 2004-30 Which Shall Amend Chapter 13 Of The City Code, Nuisances, And Declares Certain Domestic Animal Activities Public Nuisances. Deputy Mayor Miller stated, "We need a Motion to read by 'Title' only." "SO MOVED." MOTION BY COMMISSIONER McGINNIS. DEPUTY MAYOR MILLER STATED, "SECONDED BY COMMISSIONER GILMORE." DISCUSSION. 0~ 1''':-;_,1 .J --J ( ...,..) ,. ) . J .., I' ~,. ~ Pl J .' 1 ( .H J r~ _ __~ ~ ) CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 12,2004 PAGE 23 OF 35 VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER McLEOD: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. Attorney Garganese read Ordinance 2004-30 by "Title" only. Deputy Mayor Miller opened the "Public Input" portion of the Agenda Item. Mr. Tom Waters, 1033 Antelope Trail, Winter Springs, Florida: addressed the City Commission and asked if feral cats would be included. Tape 3/Side B Deputy Mayor Miller closed the "Public Input" portion of the Agenda Item. "I MAKE A MOTION WE MOVE ITEM '411' [ORDINANCE 2004-30] TO A SECOND READING." MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. COMMISSIONER BLAKE STATED, "THERE IS NO DISCUSSION OF ANY REPTILES AT ALL." COMMISSIONER BLAKE ADDED, "I AM JUST NOT SURE THAT THE DEFINITION THAT WE HAVE IN HERE OF DOMESTIC ANIMALS, COVERS ALL THE RIGHT ONES." FURTHERMORE, COMMISSIONER BLAKE SUGGESTED, "WHY DO WE WANT TO LIMIT IT TO A DEFINITION IF IT IS AN ANIMAL OF ANY SHAPE, SORT, OR SIZE THAT IS CREATING THESE NUISANCES AND IS CONTROLLED OR SHOULD BE CONTROLLED BY ITS OWNER; WOULDN'T WE WANT TO BE MORE GENERAL IN IT, IN OUR DESCRIPTION?" COMMISSIONER McGINNIS ADDED, "IT DOES SAY 'OTHER'." ATTORNEY GARGANESE SAID, "I CAN GO BACK AND BROADEN THE DEFINITION." VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. ~~ J ~ ~ ; ) ) J .', ',...1 -I I 1 __:.J CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 12,2004 PAGE 24 OF 35 Deputy Mayor Miller called a Recess at 9:39 p.m. The Meeting was called back to order at 10:00 p.m. REGULAR AGENDA REGULAR 501. Not Used. REGULAR 503. Information Services Department Wishes To Furnish The Commission With Four Options Relative To The Handling Of Incoming City Telephone Calls And Requests That The Commission Choose An Option And Fund The Option They Choose. Ms. Joanne Dalka, Director, Information Services Department reviewed the major aspects of this Agenda Item. With discussion, Commissioner McGinnis stated, "I support Option Number '1 '." Commissioner Gilmore said, "What is the feeling of the Staff at City Hall about this thing.." Commissioner Gilmore added, "That needs to be looked at." Commissioner McLeod remarked, "Really '2.' is probably your best option." With discussion, Commissioner Blake suggested, "Why don't we stay with Number' 1 ' ." "I PROPOSE THAT WE STAY WITH NUMBER '1.', WHAT WE HAVE CURRENTLY." MOTION BY COMMISSIONER McGINNIS. MOTION DIED FOR LACK OF A SECOND. "I WOULD LIKE TO MAKE A MOTION THAT WE MOVE TO OPTION '2.' AND CONTINUE TO TEST TO SEE IF WE CAN'T GET TO THE DIFFERENT STEP THAT IF IT GOES TO THEIR RECEPTIONIST AND THEY ARE NOT THERE, YOU CAN THEN HIT THE MENU OF '0' AND GO BACK TO THE MAIN OPERATOR." MOTION BY COMMISSIONER McLEOD. COMMISSIONER McLEOD ADDED, "I AM ADDING ON TO HAVE THEM GO AHEAD AND SET IT UP FOR '2.' RIGHT NOW, BUT CONTINUE TO TRY TO FIND OUT - TESTING TO SEE IF YOU CAN'T GET IT TO GO TO THE '0' AND BACK, AND IF YOU CAN FIND OUT THAT YOU CAN GO TO '0' TO GO BACK - THEN JUST SET IT UP THAT WAY." SECONDED BY DEPUTY MAYOR MILLER. DISCUSSION. ,- I r c. ( . , L.. -- -) CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 12,2004 PAGE 25 OF 35 VOTE: COMMISSIONER McGINNIS: NAY DEPUTY MAYOR MILLER: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. REGULAR 504. Office Of The City Manager Providing The City Commission With Information On Property Appraisals For Discussion. Discussion ensued with Mr. Lockcuff, who explained that "The Appraisal shown as parcel 'D' - if you go to page 2, it is probably for the wrong location, so I am in the process of getting that redone." Commissioner Blake suggested, "If 'C's appraised value doesn't represent the portion that is wetland, as I suspect it doesn't given the appraisal on 'D' being all wetland, how can we tell if any of these appraisals have any truth to them at all." Mr. Lockcuff stated, "I can ask them to revisit 'c' with this information." Discussion. "I MAKE A MOTION TO GO OUT AND GET YOUR APPRAISER TO REAPPRAISE 'c' AND 'D' AND BRING THIS BACK TO THE COMMISSION." MOTION BY COMMISSIONER McLEOD. DEPUTY MAYOR MILLER STATED, "SECONDED BY COMMISSIONER BLAKE." DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER McLEOD: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. REGULAR 506. Office Of The City Manager Requests The City Commission To Establish Workshop Dates In August To Complete Work On The Tentative Fiscal Year 2005 Budget. With discussion, Commissioner McLeod suggested, "The 16th" of August - and if we don't finish on the 16th [Of August] we will flip over and finish it on the 17th [Of August]." r~~-' ~. ~., .... , I _. -- . I ._ l : - - I ( ( -, :..., . J C-.: ___.J CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 12, 2004 PAGE 26 OF 35 Deputy Mayor Miller asked, "Is that alright with everybody?" Commissioner Blake stated, "Yes." Commissioner McLeod added, "The incentive is to finish it on the 16th [Of August]." Deputy Mayor Miller summarized, "6:30 [p.m.] on the 16th [Of August]. REGULAR 507. Office Of The City Manager Requesting That The City Commission Approve Resolution Number 2004-27, Computing The Proposed Millage Cap For Fiscal Year 2004-2005, Establishing The. Rolled-Back Rate And Setting The Date, Time And Place Of A Public Hearing To Consider The Tentative Millage Rate And Tentative Budget For Fiscal Year 2004- 2005. "I MAKE A MOTION TO PASS RESOLUTION 2004-27 AT A TENTATIVE MILLAGE RATE OF 5.3." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BLAKE: NAY COMMISSIONER McLEOD: AYE DEPUTY MAYOR MILLER: AYE MOTION CARRIED. REGULAR 508. Community Development Department - Arbor Divisiolll And Urban Beautification Division Wishes To Make The Commission Aware Of Tree Deaths And The Need For Tree Replacement And Proper Maintenance Of Trees In The City Of Winter Springs. Mr. Steve Richart, Urban Beautification Coordinator, Public Works Department and Mr. Michael Mingea, ArboristlEnvironmental Inspector, Community Development Department presented information to the City Commission. With discussion, Commissioner McLeod complimented Staff. . Commissioner McLeod suggested to Manager McLemore that he contact Seminole County Commissioner Randy Morris tomorrow and ask if they are going to let their trees die. Tape 4/Side A r-': :..- ., - , 1 +~ ,.. ( . ( L-~.-~--) CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 12,2004 PAGE 27 OF 35 REGULAR Office Of The City Manager 509. Requesting That The City Commission Approve Resolution Number 2004-29, Opposing An Amendment To The Florida Constitution That Would Raise Florida's Homestead Exemption From $25,000.00 To $50,000.00. Mana~er McLemore introduced this Agenda Item. MOTION TO "APPROVE ITEM '509'" - RESOLUTION NUMBER 2004-29. MOTION BY COMMISSIONER McLEOD. SECONDED BY DEPUTY MAYOR MILLER. .DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE DEPUTY MAYOR MILLER: .AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. REGULAR 510. Office Of The City Clerk . Requests That Members Of The City Commission Make Appointments/ Reappointments Related To The Term Of Office Whjch Will Be Expiring In July 2004 - Specifically Regarding A Member Of The Code Enforcement Board; Along With The Term Of Office Which Will Be Expiring In August 2004 - Specifically Regarding A Member Of The Oak Forest Wall And Beautification District Advisory Committee. COMMISSIONER McGINNIS NOMINATED MR. TED ZEIHER TO THE OAK FOREST WALL AND. BEAUTIFICATION DISTRICT ADVISORY COMMITTEE. MOTION. SECONDED BY DEPUTY MAYOR MILLER. DISCUSSION. VOTE: DEPUTY MAYOR MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. r-:--~ - ~. L i ' ... I , J i. .. C. ~-.. . ,J , " , ! . ~_: -) CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 12, 2004 PAGE 28 OF 35 DEPUTY MAYOR MILLER STATED THAT REGARDING THE CODE ENFORCEMENT BOARD, "I WOULD LIKE TO NOMINATE MR. LAURENT PELLERIN, OF 116 SOUTH MOSS ROAD." MOTION. SECONDED. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: NAY DEPUTY MAYOR MILLER: AYE MOTION CARRIED. REGULAR 511. Office Of The City Clerk Respectfully Requests That Commissioner Robert S. Miller Make An Appointment To The Board Of Adjustment. Deputy Mayor Miller said ''Next Meeting." REGULAR 512. Not Used. REGULAR 513. Community Development Department - Arbor Division Requesting The Removal Of A Specimen Pine Tree From The Jeniconde Residence, 727 Mimosa, For A Pool To Be Installed. Mr. Mingea introduced this Agenda Item. Discussion. "I WOULD LIKE TO MAKE A MOTION THAT WE MAKE A FINDING THAT THERE IS A PUBLIC SAFETY ISSUE ON THIS - POTENTIALLY DEAD TREE FALLING OVER ON THE HOUSE AND GRANT THE APPLICATION." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. r::--, i .'- [ -". ( I I i I ! .~ !. l~ --- CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 12,2004 PAGE 29 OF 35 VOTE: COMMISSIONER BLAKE: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. [-='':' , , ( . REGULAR 514. Community Development Department - Arbor Division Requesting The Removal Of Three (3) Specimen Trees From A Building Lot On 802 Kilt Court. I.... __ Mr. Mingea presented his opening remarks. Mr. Jorge Espinosa, 314 Heatherwood Court, Winter Springs, Florida: addressed the City Commission on this issue. Furthermore, Commissioner McGinnis stated, "I applaud your efforts to give trees to the Highlands - replace them; and I would request that there would be a Joint Agreement between the two (2) entities so that it is clear what - you have agreed to do and what those responsibilities are. But I - don't think we can do anything until we know what the EP A [Environmental Protection Agency] says." Discussion. "I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE THE REQUEST ON ITEM '514' SUBJECT TO A BUILDING PERMIT BEING ISSUED ON THE PARCEL." MOTION BY.COMMISSIONER BLAKE. DEPUTY MAYOR MILLER ADDED, "YOU NEED TO eRAFf IT SO THAT NOTHING HAPPENS UNTIL EVERYTHING HAS BEEN APPROVED, AND NO TREES ARE REMOVED." MOTION DIED FOR LACK OF A SECOND. "I WOULD LIKE TO MAKE A MOTION THAT WE POSTONE ITEM '514' UNTIL THE NEXT REGULARLY SCHEDULED COMMISSION MEETING." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 12, 2004 PAGE 30 OF 35 VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER McLEOD: NAY DEPUTY MAYOR MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. r-' i " ~, , :1 REGULAR 515. Community Development Department - Arbor Division Requesting The Removal Of Four (4) Specimen Trees From A Building Lot On 800 Kilt Court. ,. t~ .~ _..J "I WOULD LIKE TO MAKE A MOTION THAT WE POSTONE ITEM '515' UNTIL THE NEXT REGULARLY SCHEDULED COMMISSION MEETING AND DIRECT STAFF TO BRING US BACK AT THAT TIME ON THESE TWO (2) ITEMS ALL THE INFORMATION WE NEED IN ORDER TO GO FORWARD ON IT." MOTION BY COMMISSIONER BLAKE. DEPUTY MAYOR MILLER STATED, "SECONDED BY COMMISSIONER McGINNIS." DISCUSSION. VOTE: COMMISSIONER McLEOD: NAY COMMISSIONER BLAKE: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. "I MAKE A MOTION THAT WE EXTEND THE MEETING - ONE HOUR." COMMISSIONER McLEOD SAID, "ONE HOUR FROM ELEVEN O'CLOCK, RIGHT?" DEPUTY MAYOR MILLER STATED, "YES." MOTION BY DEPUTY MAYOR MILLER. SECONDED. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BLAKE: NAY COMMISSIONER McLEOD: AYE DEPUTY MAYOR MILLER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 12, 2004 PAGE 31 OF 35 REGULAR 516. Community Development Department Requesting Commission Consider Modifying An Existing Development Agreement And Its Associated Final Engineering/Site Plan For The SR [State Road] 434 Retail Development (A.KA. Villagio), Located On A 9.15-Acre Tract Anong The South Side Of SR [State Road] 434, Adjacent To And West Of Stone Gable. Mr. John Baker, AICP, Senior Planner, Community Development Department presented opening remarks related to this Agenda Item. Discussion. Mr. Rick Shadley, McGaba, LLC, 4986 Courtland Loop, Winter Springs, Florida: addressed the City Commission. Tape 4/Side B Discussion ensued on possibly including trellis' and greenery. Mr. Allen Mackerly, McGaba, LLC, 4986 Courtland Loop, Winter Springs, Florida: stated, "I believe the east and the west walls, which I think we are speaking of, not the front or the back- will be solid walls - if the question is whether or not some latticework can be done there - yes." Furthermore, Mr. Mackerly added, "We may not have a. complete solid wall where we are going to be able to get full coverage, but we probably have three-quarters (%) of the side wall on one side and maybe an entire side wall on the other side." Discussion ensued next on the curbed islands. With discussion, Commissioner Blake stated, "You are willing to change the landscaping on the sides of Buildings 'c' and 'D' to incorporate some - alternative type of vertical growth and we would probably agree to that. The curb islands for building - whichever one it is that is the bank:, that is located more on the center of the property, to go from ten feet (10') to nine feet (9')..." Mr. Mackerly, noted, "...Yes." Commissioner Blake continued, ".. . And the recordation of the amendment." Mr. Jeff Burger, McGaba, LLC, 4986 Courtland Loop, Winter Springs, Florida: noted for the record that there is a new Hardscape Plan which should be approved. Commissioner Blake pointed out, "That is not listed in this modification to the Developer's Agreement?" Mr. Burger responded, "Not in the Developer's Agreement, but in the resubmission of the plans. So, we are asking for the approval of the Hardscape Plan." Commissioner Blake suggested, "Let's handle the Developer's Agreement first, and then decide what we need to change on the Hardscape [Plan]." r--- t..:' .' c- Ie l ;. - r- ,_.. ~ i l-c_:.~) CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 12, 2004 PAGE 32 OF 35 Deputy Mayor Miller stated, "Your original idea was to get a restaurant - on one of the corners?" Mr. Mackerly noted, "It is not being deleted. It is being built so that it can be either/or. If we are to have one (1) restaurant on the site, we have left this box as the restaurant box." Deputy Mayor Miller spoke next on the demand for a restaurant and added, "So the plumbing and all - the grease traps, stuff like that will all be in there?" Mr. Mackerly noted, "Yes." "I WOULD LIKE TO MAKE A MOTION WE APPROVE SECOND MODIFICATION OF BINDING DEVELOPMENT WITH McGABA, LLC AS PRESENTED WITH THESE CHANGES - 2.0, ALLOWS CONSTRUCTION OF SIDEWALKS ON THREE (3) SIDES OF THE BUILDINGS WITH THE ADDITION OF LANDSCAPING THAT WILL REACH AT LEAST EIGHTEEN INCHES (18") IN HEIGHTH BUT WILL STRIVE TO REACH THE WALL OF THE BUILDINGS ON A TRELLIS SYSTEM. 3.0, CURB ISLANDS WILL APPLY ONLY - THE REDUCTION IN SIZE - WILL APPLY ONLY TO OUTPARCEL 'D' AS DEPICTED IN THEIR ARCHITECTURAL SITE PLAN. SECTION 4.0 IS TAKEN OUT IN ITS ENTIRETY." MOTION BY COMMISSIONER BLAKE. COMMISSIONER BLAKE ADDED, "BUILDING 'D' AS DESIGNATED AS THE. BANK PROPERTY IS WHAT I CALLED OUTPARCEL 'D'." SECONDED BY COMMISSIONER McGINNIS. COMMISSIONER BLAKE THEN STATED, "THAT MOTION INCLUDES GIVING THE CITY ATTORNEY THE AUTHORITY TO CLEAN UP THE LANGUAGE." DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER GILMORE: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. Discussion ensued with Mr. Baker. "I MAKE A MOTION THAT WE ACCEPT THE ARCHITECTURAL SITE PLAN FOR VILLAGIO - WINTER SPRINGS - WITH THE SITE REVISIONS DATED '06/30/04', RECORDED INTO THE RECORD." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. r~'~ r, . ~: ' I, r. (- ~ L, r , ( L ' (' [~ [ [' , lr- ,. J CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 12, 2004 PAGE 33 OF 35 VOTE: COMMISSIONER GILMORE: AYE DEPUTYMAYORMILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. r-:--., , ' , REPORTS J ,~, ,'.) REPORTS 600. Office Of The City Attorney - Anthony A. Garganese, Esquire No Report. REPORTS 601. Office Of The City Manager - Ronald W. McLemore Manager McLemore stated, "I would like to get your approval to pursue with the County [Of Seminole] us taking over Orange Avenue." "I MAKE A MOTION TO DIRECT THE MANAGER TO PURSUE BRINGING ORANGE AVENUE INTO THE CITY." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE DEPUTYMAYORMILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. REPORTS 602. Office Of The City Clerk - Andrea Lorenzo-Luaces No Report. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 12,2004 PAGE 34 OF 35 REPORTS 603. Commission Seat Five - David W. McLeod Commissioner McLeod asked Manager McLemore, "What happened to the bench - down Tuskawilla Road?" Commissioner McLeod further explained the location as "Going down towards Magnolia Park on the right - about the second bench back from the Park." ~---- '. REPORTS 604. Office Of The Mayor - John F. Bush J J i: _,," J '';-:_~ Not present. REPORTS 605. Commission Seat One/Deputy Mayor - Robert S. Miller Deputy Mayor Miller said, "Ron [McLemore], we were going to get a Report from you on the Landscaping that was going to be done along George [Street] . and [state Road] 419." Mr. Lockcuff noted an upcoming Ordinance that is in the works related to on- street parking. REPORTS 606. Commission Seat Two - Michael S. Blake No Report. REPORTS 607. Commission Seat Three - Donald A. Gilmore Commissioner Gilmore stated, "I would like to congratulate the City Staff and the Police Department and everybody for their efforts on the 4th of July." Next, Commissioner Gilmore noted the trash issue mentioned by a resident during "Public Input". Discussion ensued with Manager McLemore and Mr. Lockcuff on what was included in the Ordinance. Commissioner Gilmore noted, "Is it fair to say that that will be brought up again?" Mr. Lockcuff stated, "Probably the August Meeting." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 12, 2004 PAGE 35 OF 35 REPORTS 608. Commission Seat Four - Sally McGinnis Commissioner McGinnis mentioned that "What was actually designated as 'c' on Kip's [Lockcuff] chart - is full of debris." Commissioner McGinnis explained that this was the property on Edgemon Avenue. Next, Commissioner McGinnis noted that at the Highlands Apartments on Sheoah Boulevard - "Could Code Enforcemel).t cut the weeds?" Mr. Lockcuff inquired, "The new construction?" Commissioner McGinnis responded, "Yes." .:. .:. AGENDA NOTE: THE FOLLOWING ADDITIONAL REPORT WAS HEARD NEXT, AS DOCUMENTED. .:..:. REPORTS REPORTS 603. Commission Seat Five - David W. McLeod Commissioner McLeod mentioned the Trash issue and stated, "If it IS not III the Ordinance, then bring us an Ordinance to get it back in." ADJOURNMENT Deputy Mayor Miller adjourned the Meeting at 11 :58 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, ( ~-j