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HomeMy WebLinkAbout_2006 02 27 City Commission Regular Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING FEBRUARY 27, 2006 CALL TO ORDER The Regular Meeting of Monday, February 27, 2006 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 Michael S. Blake, present Commissioner Robert S. Miller, present Commissioner Donald A. Gilmore, arrived at 6:36 p.m. Commissioner Sally McGinnis, present Commissioner Joanne M. Krebs, present City Manager Ronald W. McLemore, present City Attorney Anthony A. Garganese, arrived at 6:33 p.m. A moment of silence was followed by the Pledge of Allegiance. City Attorney Anthony A. Garganese arrived at 6: 33 p. m. Regarding Public Hearings Agenda Item "200", Mayor Bush stated, "I believe that they have requested this be pulled from the Agenda tonight. I did talk to the Attorney today." Mr. George Kramer, Planner, Glatting Jackson Kercher Anglin Lopez Rinehart, Inc., 33 East Pine Street Orlando, Florida: commented on a Request for an "Extension" and stated, "Several reasons we asked for the 'Extension'. The first reason was the School issue at our Planning and Zoning [Board] Hearing. It was asked that we get a more formalized Exhibit for our Agreement with the School Board, which - by Friday we do not have. I heard that we have one (1) now, but we haven't had a chance to look at it yet. The second issue was the issue of Density - I heard was raised, and we wanted a chance to explain that a little bit more. And, lastly - I know there was some, we wanted some additional time to meet with the citizen's groups to talk about some potential concerns there and questions they might have." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 27,2006 PAGE 2 OF 34 Mayor Bush stated, "We do have a copy of the - letter that the School Board sent out. 1 asked them to fax it to us because 1 knew that you were going to ask for this." Mr. Kramer stated, "I have not seen a copy of it." Deputy Mayor Michael S. Blake asked, "When did you want to move this to? Wasn't there some critical time element involving this Application?" Mr. Kramer noted, "We asked for a two (2) week extension." Deputy Mayor Blake added, "If we were to move it two (2) weeks, then we do that to a 'Date Certain' - we can preserve the advertising that has been done - as long as the property remains posted during the time frame." Mr. Kramer then commented on the citizen's groups and stated that "We did have a few residents - Tuscawilla neighborhood, that back up to the property that had expressed some concerns at the LPA (Local Planning Agency)." Commissioner Donald A. Gilmore arrived at 6:36 p.m. Mayor Bush asked the Commission, "What is your pleasure? Do you want to pull this or not?" Commissioner Sally McGinnis stated, "I have no problems with pulling it, if they are going to talk to the community, fine. They haven't had a chance to review the letter. " Commissioner Joanne M. Krebs stated, "I will hear it." Commissioner Gilmore stated, "I will hear it. " Deputy Mayor Blake stated, "I won't be here at the next Meeting. I will be out of town. So, I would request if we do not hear it tonight, and we do move it forward, or postpone it, that we do so for two (2) Meetings, if that doesn't cause the Applicant any pain. " Attorney Garganese stated, "Our - informal rule has always been that you can postpone it to a 'Date Certain' and my recommendation is 'Don't postpone it more than twice (2) to a 'Date Certain' without going back and advertising again'." It was noted that this was the first postponement to which Attorney Garganese stated, "That's okay. " Commissioner Robert S. Miller stated, "I have no difficulty with postponing - two (2) Meetings. " "I WOULD LIKE TO MAKE A MOTION THAT WE POSTPONE [PUBLIC HEARINGS AGENDA] ITEM '200' - NOTIFICATION FOR THE PROPOSED CHANGED HEARING FOR PARCEL 14 OF THE OVIEDO MARKETPLACE DRI [DEVELOPMENT OF REGIONAL IMPACT] UNTIL THE SECOND - REGULARL Y SCHEDULED MEETING IN MARCH 2006, WHICH IS - I BELIEVE THAT IS MARCH 27, 2006 PRESERVING THE ADVERTISING FOR THE PUBLIC HEARING AS IT HAS ALREADY BEEN NOTIFIED." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. Page 2 of 34 CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 27, 2006 PAGE 3 OF 34 VOTE: DEPUTY MAYOR BLAKE: AYE COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Discussion ensued regarding the proposed "Density" of the Development. Mayor Bush remarked that Public Hearings Agenda Item, '''200' has been Postponed." PUBLIC INPUT Mr. Ron Goddard, 151 Stone Gable Circle, Winter Springs, Florida: commented on the completion ofthe Villagio project. In reference to the status of Villagio, City Manager Ronald W. McLemore stated, "As long as - the activity continues it could stay in force forever. Now, when there is no activity involved, I think, after six (6) months of - no activity at all - then it can be terminated at that point in time." Mr. Goddard commented on not being able to reach City Staff. Discussion. Mayor Bush said to Mr. Goddard, "When you call the City and you get a Secretary, if you will call me and one of the Commissioners. We don't have Secretaries; so, we will answer our phones. Our phone [numbers] are on the Website, if you don't know our numbers. " Mr. Goddard added, "It cost our subdivision twenty-five hundred dollars ($2,500.00) to increase the height of the wall behind our subdivision because the Developer refused where they were two feet (2') lower in elevation than where our houses were. We had to payout - of our Committee, twenty-five hundred dollars ($2,500.00)." Mayor Bush interjected, "I don't think anybody on the Commission knew that..." Commissioner Krebs stated, "...I didn't know it..." Mr. Goddard stated, "... I will have our President come and present that." Page 3 of 34 CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 27, 2006 PAGE 4 OF 34 Commissioner McGinnis stated, "I am also concerned about that 'Outparcel' that is not completed. 1 would like the City Manager to speak to that because 1 was told not long ago there was going to be some action on it or, the City had contacted the Developer regarding that. Can you bring me up-to-date on that?" Discussion. Ms. Kasey Edwards, 100 Stone Gable Circle, Winter Springs, Florida: commented on being in favor of the Dog Park; and spoke on issues with the Villagio dumpsters. Next, discussion ensued regarding the dumpster location relative to public safety issues. Commissioner Krebs asked, "Do you know if they have a dumpster in the back?" Commissioner Krebs added, "Can we find out ifthey do, and if they don't, shouldn't they be made to have one so that tenants can use that, and not of course, encouraged to throw their trash where it belongs and not in the construction dumpster?" Manager McLemore stated, "Yes." Commissioner McGinnis commented that "It was the intent that there would be a dumpster in the rear for the tenants to use. So, we need to be sure that that's in place." Captain Glenn Tolleson, Police Department stated, "Yes." "And, the memo goes out from the Builder to all the tenants that that is what they are using," added Commissioner McGinnis. Captain Tolleson stated, "Yes." Mayor Bush said to Manager McLemore, "Maybe the City can take a look at this situation, maybe there is another solution for this dumpster in this location?" Commissioner Miller stated, "Have the City Manager look into what the status of - that 'Outparcel' is right now; because there really has been nothing done on that, that 1 am aware - 1 would like to say in about a year. And if that is the case, then maybe we ought to just have the construction dumpster hauled away and have them put a regular dumpster in the back. And then, they can bring the construction dumpster back at such time as they get around to actively working on that building again." Mr. Bob Rucci, 973 Turkey Hollow Circle, Winter Springs, Florida: spoke on the Dog Park issue and Seminole County's involvement. Discussion. Commissioner Miller inquired, "Do we have a Meeting scheduled with the County at some point in the next couple of weeks on this issue?" Manager McLemore stated, "Not on this issue. Weare waiting on a verification of a Meeting on March 22nd [2006] for the issue involving the East Rural Area. This is certainly something we can try and put on that Agenda." Commissioner Miller stated, "I think we ought to." Page 4 of 34 CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 27,2006 PAGE 5 OF 34 Mayor Bush read the names from the "Public Input" forms of individuals in favor of the Dog Park and stated, "We are aware of your concerns." Ms. Juanita Blumberg, 141 Doran Drive, Winter Springs, Florida: asked that the City build a first class Dog Park right here in Winter Springs. Commissioner McGinnis thanked Ms. Blumberg and said, "I concur with that. This has gone on for three (3) years. One more go around, ask the County, but I am all for looking at the possibility of putting a Dog Park in Winter Springs." Commissioner McGinnis added, "I would like a more central location. I would like for us to start thinking about what we could do, to do that in our City." Mayor Bush asked Manager McLemore about the schedule for keeping the Dog Park where it is. Manager McLemore stated, "Weare going to be bringing additional information to you very soon about - where Reclamation is - that really is supposed to be there for - your options would be - I'm saying that's probably three (3) years down the road at a minimum." Discussion. Deputy Mayor Blake stated, "Something tells me that this Commission will make sure that there will be one in the City someplace." Next, Commissioner McGinnis spoke regarding having "Some land that the City owns, having that appraised - well, I would suggest to you perhaps some of those lands could be considered for this use too." Mayor Bush stated, "I would like for the Commission to ask the Manager to - number one, start a dialogue with the County, see if we can find what is going on there. Is it really a dead issue, or not, and if it is, then to have the Manager to look around and see if there are other places within the City that we could do this? Everybody in agreement with that?" Commissioner McGinnis stated, "I suggest that we just do the City." Commissioner Krebs stated, "I support both. Let us ask the County and then let us also look in the City." No objections were noted. Commissioner McGinnis stated, "We have had a dialogue with them for a long time, so, I think we need to put a time limit on this." Mayor Bush stated, "Next Meeting. Mr. McLemore, I am sure can find out what the County is going to do with this and then after that - might need more time to look for land in the City." Page 5 of 34 CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 27, 2006 PAGE 6 OF 34 Mr. Colin W Morgan, 1679 Wingspan Way, Winter Springs, Florida: complimented the City Commission; and also spoke on road conditions in the Glen Eagle subdivision. Discussion. Tape 1/Side B Further discussion ensued regarding roadways. Commissioner Gilmore stated, "How often do we survey all of the streets in the City?" Mr. Kip Lockcuff, P.E., Director, Public Works/Utility Department stated, "We try to do it once a year; and if you'd like, at the budget time this year we can come back with our resurfacing list, we can present that to you." Commissioner Gilmore stated, "I would like to see it, but I would think that we would - have a continual list going on constantly, about the surveying of the streets, requirements and that. Is that being done?" Mr. Lockcuff responded, "It is a dynamic list. Do we go out weekly and re-do it? No, we don't. We're well aware of where the problems are." Commissioner Gilmore added, "I would like to see all of that at budget time." Discussion. Mr. Gary Diller, 609 Nighthawk Circle, Winter Springs, Florida: representing a newly formed group called the Winter Springs Golf Club Advocates, Mr. Diller spoke on their efforts to keep the Winter Springs Golf Course, a golf course, and noted Petitions he had related to this effort. The Petitions were then turned into the City. Mayor Bush stated, "I think it would be worth your time to go to the County Commission and also ask for their assistance in helping us because that course is used by many people who live in Seminole County other than just Winter Springs residents." Mayor Bush added, "I think it would be nice if you could present that same Petition with those names on it to just show the County Commission that these just aren't Winter Springs people playing this Golf Course." Mr. Diller asked, "Who would I need to talk to, to find out how we go about that?" Mayor Bush stated, "...The County..." Mr. Diller stated, " .. . Yes." Mayor Bush added, "I will call you." Mr. Diller said, "Okay. Fine. And, we'll be more than glad to do that." Mr. Thomas Gergen, 922 Torrey Pine Drive, Winter Springs, Florida: remarked that regarding Regular Agenda Item "301", he was opposed to allowing the recreational vehicle; and submitted Petitions from residents also opposed to this recreational vehicle. Page 6 of 34 CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 27, 2006 PAGE 7 OF 34 Ms. JoAnn Mattie, 685 Fortrose Drive, Winter Springs, Florida: Mayor Bush stated, "Did not wish to address the Commission - you are opposed also to [Regular Agenda Item] '301' - you are opposed to them parking it there." Mr. Abel Gaibort, 1315 Deer Run, Winter Springs, Florida: commented that he was not aware of the Recreational Vehicle Code when he bought the house. Ms. Yvonne Paul, 1215 Deer Run Drive, Winter Springs, Florida: noted she was opposed to the oversized recreational vehicle in her community. Mr. Eli Petrack, 20 Tarpon Circle, Winter Springs, Florida: noted he was opposed to allowing the recreational vehicle to stay in the community. Ms. Linda Wheeler, 417-24 Sheoah Boulevard, Winter Springs, Florida: commented on having Petitions to keep the Winter Springs Golf Club and submitted those to the City. Commissioner Miller noted for the Record there was a Resolution related to an Easement over the entire Golf Course. Commissioner McGinnis stated, "After we signed that Resolution, 1 sent a memo and a copy of that to the Highlands Board along with a copy of a newspaper article - what was going on." Commissioner McGinnis noted for the Record, "They have been notified by me. 1 also asked them to feel free to call me, 1 would speak to them, answer any questions. 1 haven't heard any word." Mayor Bush introduced former Commissioner Edward Martinez, Jr., and former Mayor Paul P. Partyka. Mr. Edward Martinez, Jr., 205 Little Creek Lane, Winter Springs, Florida: speaking on behalf of the Tuscawilla Homeowners Association, Mr. Martinez asked that an Agenda Item be presented in two (2) weeks, related to installing two (2) flagpoles at the entrance of Winter Springs Boulevard. Commissioner Gilmore stated, "I don't think, personally that this is an issue yet that should come to this Commission. 1 think we need to let the THOA [Tuscawilla Homeowners Association], the TLBD [Tuscawilla Lighting and Beautification District] people and others take a look at it and come up with a solution. 1 am not saying this is a dead issue." Mr. Martinez then read a statement related to development, the Town Center, and the Winter Springs Golf Course. Page 7 of 34 CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 27, 2006 PAGE 8 OF 34 Discussion. Dr. Neil R. Backus, 110 East Panama Road, Winter Springs, Florida: suggested a "Design change on [State Road] 434 corridor - where Belle Avenue is, to put a traffic light there and align the entrance to the golf course with Belle Avenue, because you've got commercial property coming out of Belle Avenue and it is hard to get out of the Golf Course." Dr. Backus then stated, "I was interested in that one and a third acre, where the children's rescue house was, that you tore down as a historical society building, I was going to re- claim that and donate it to the City. But, there was a little girl who had to cross there that was killed right on the corner of Belle Avenue, on the way to - recite the Pledge of Allegiance at the Elementary School PTA [Parent-Teacher's Association] and I would like to find out, if anything - in the line of a plaque or anything, was ever given to her or maybe put in the Elementary School in her honor. I would like to contribute to that if it has not been done." AWARDS AND PRESENTATIONS AWARDS AND PRESENT A nONS 100. None PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 200. Community Development Department - Planning Division Requests That The City Commission Hold A Public Hearing To Consider A Notification Of Proposed Change (NOPC) To Parcel 14 Of The Oviedo Marketplace Development Of Regional Impact (DR!) By The Viera Company. As discussed earlier, this Agenda Item was Postponed. PUBLIC HEARINGS 201. Public Works Department Requests The City Commission Approve Resolution 2006-10 Allowing For On Street Parking On George Street By Resolution. Mr. Lockcuff presented this Agenda Item. Page 8 of 34 CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 27, 2006 PAGE 9 OF 34 Mayor Bush opened the "Public Input" portion of the Agenda Item. Ms. Rebecca Howie, 500 George Street, Winter Springs, Florida: suggested wider sidewalks be installed, and said she was in favor of parking and thought the street should be one-way. Ms. Ann Hansen, 502 George Street, Winter Springs, Florida: commented that George Street should be a one-way street and suggested "curbs that you cannot drive off on." Mayor Bush closed the "Public Input" portion of the Agenda Item. Discussion ensued on the possibility of this being a one-way street. Captain Tolleson commented on the parking and added, "Didn't really explore the one-way." Commissioner Miller stated, "I would like information from the Police Department, maybe - at the next Meeting that we have as to why that can't be done. I would like to see some reasons why that can't be done. Second point would be, I thought it was our intention - when we were discussing the Resolution of the parking problem on - George Street about a year or two (2) ago, that we were going to allow people to park in that park area - we were also going to put up a buffer of trees which we have already started to do, or we've already done." Commissioner Miller added, "If I misunderstood and that wasn't the intention, then I think we seriously should take a look - while we're doing the sidewalk renewal there, maybe put in some gravel or something on the other side of the street. " Furthermore, Commissioner Miller stated, "I think one-way would be a good approach to partially solving the problem. The second item would be to maybe put a gravel area across the street and then put some kind of wooden post in the ground or steel post, where you can't go beyond that - that looks attractive or - wood or something. And then, make that parallel parking on the street so that people could still go up and down the street and not have to park on the sidewalk in front of their house." Furthermore, Commissioner Miller said to Mr. Lockcuff, "You are doing a good job as it is - I would ask you to get together with - City Staff and Law Enforcement and look at the possibility of somehow widening that street - with gravel." Commissioner Miller added, "Make it a one-way street. " Commissioner McGinnis asked Mr. Lockcuff, "Is there additional curbing - improvement in the curbing? Because I believe that is a problem too." With further discussion, Commissioner McGinnis stated, "And the flood?" Mr. Lockcuff stated, "I am not aware of that. We can look and see what the issue is there." Commissioner McGinnis noted, "That was an issue that I heard from almost everybody. There is flooding every time it rains on the sidewalks." Additionally, Commissioner McGinnis remarked, "So to make repairs, the sidewalks are not improved - the curbing might not be - I would recommend that you look at that." Mr. Lockcuff stated, "No problem." Page 9 of 34 CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 27, 2006 PAGE 10 OF 34 Tape 2/Side A With discussion, Commissioner Krebs asked, "Do we have guidelines or criteria that we follow to make it so, so to speak, to allow this parking on the street?" Mr. Lockcuff stated, "We have not developed specifics. This is actually the first one. That is why I hoped you would give us some latitude." Furthermore, Commissioner Krebs stated, "I also think that we need to be careful and at least have some type of criteria, similar to when we issue a Variance or as such." Discussion. Deputy Mayor Blake stated, "Have we discussed whether or not the sidewalks are the appropriate width? Have we discussed whether or not the sidewalks - drain well during rainy events. Have we discussed whether or not we need to have the curbs changed in terms of design? Their size? What the effect of that might be? Have we discussed whether or not we should park on the east side or the west side of the street? Have we discussed whether or not it should be a one-way road or not?" Deputy Mayor Blake added, "Can't we get just the right solution and have Staff bring that to us, once?" Deputy Mayor Blake then said, "I don't think thru-traffic there to any degree, do you?" Mr. Lockcuff noted that "People have complained to me that it is a very common turnaround for the car dealerships on (U.S. Highway) 17-92." Mr. Lockcuff added, "That's why I would ask for the latitude for the Police Department and the County to determine which side it is. And if one side works better than the other, then we can change it. Not so much commit at this level to it, but allow that to be on the implementation." Deputy Mayor Blake asked, "Is there some way for us..." Mr. Lockcuff noted, "... We can report back..." Deputy Mayor Blake continued, "... To minimize that issue?" Captain Tolleson stated, "Yes. We can assist with that. We can talk to the dealerships about an alternative place to turnaround." Next, Deputy Mayor Blake stated, "The issue of parking on one side of the street or the other, I understand crossing the street to get to your cars, but I am really more concerned about if we are improving the sidewalk or repairing the sidewalk to bring it up to standards, and then cars won't be parked on the sidewalk; and the issue of kids going between parked cars, out onto the street." Deputy Mayor Blake added, "Have we thought about making it a 'Dead-end' street, closing it off on one (1) end, and using some of the green space out there to develop a cul-de-sac?" Mr. Lockcuff stated, "Yes. We - did look at that - did not recommend that at all." Discussion. Page 10 of34 CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 27, 2006 PAGE 11 OF 34 "I AM GOING TO MAKE A MOTION THAT WE APPROVE THIS RESOLUTION 2006-10 WITH THE PROVISO THAT STAFF WITHIN ONE (1) MONTH BRING BACK A CONSENT AGENDA ITEM - INFORMATIONAL - REGULAR. THE CITY MANAGER SAYS REGULAR - A REGULAR ITEM, IN WHICH YOU ADDRESS ALL OF THE ISSUES THAT WERE RAISED HERE THIS EVENING THAT ARE NOT PERTINENT TO THE RESOLUTION. IN OTHER WORDS POTENTIAL ROUNDABOUT; CUL-DE-SAC; MAKING IT ONE-WAY; CURBS; WIDENING THE ROADWAY; PUTTING PARKING ON WHICHEVER SIDE OF THE STREET, ETCETERAS, ETCETERAS ETCETERAS - IT IS ALL ON THE TAPE." MOTION BY COMMISSIONER MILLER. SECONDED BY DEPUTY MAYOR BLAKE. DISCUSSION. MAYOR BUSH STATED, "I LIKE KIP'S [LOCKCUFF] COMMENT ABOUT A WORK IN PROGRESS AND TRYING TO SEE WHAT WORKS. I THOUGHT THAT WAS A GOOD ANSWER." VOTE: COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Commissioner Miller noted, "I would ask you to contact your residents in your neighborhood also and tell them this is going to be on the Agenda, to watch for it." PUBLIC HEARINGS 202. Not Used PUBLIC HEARINGS 203. Community Development Department Requests That The Commission Approve The Backus Lot Split, And Authorize Its Recordation - Conservation Easement Agreement And Resolution Number 2006-15. Mr. John Baker, A1CP, Senior Planner, Community Development Department presented this Agenda Item and stated, "It does meet the Code; it does meet the Comprehensive Plan; and the Staff recommends approval subject to the Findings that we've set forth in our recommendation; the City Attorney's review and approval that they document their property taxes and they pay for the recordation." Page 11 of34 CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 27, 2006 PAGE 12 OF 34 Discussion. Attorney Garganese stated, "This is a new Ordinance. The Commission adopted it last year. There is certain Criteria that needs to be applied and I appreciate Mr. Baker's comments that they've reviewed it and find that - the Application generally meets the Criteria. But I think it would be nice - to remind the Commission what that Criteria is because it is not laid out in the Agenda Item for you." Mr. Baker reviewed the Criteria. Manager McLemore stated, "My only comment is to remind the Commission - John [Baker] was very thorough - as I recall the testimony in that issue, when this came up before, took an hour or so, there was quite a bit of testimony about it." Manager McLemore continued, "There were people there providing - a fair amount of opposition to this. Of course, that was before this Ordinance - that is a part of the Record." Commissioner Krebs stated, "In going forward, if you could offer those Criteria in the items, Ron [McLemore] it would be beneficial. And, then the Findings and the reasons you found. I am curious - Attachment 'A', and it would have been nice to know what the other sizes of the lots, immediately surrounding this lot are. So that is either going to speak to what you found, or it is going to tell us a different story, so I would have like to have seen that for this item." Manager McLemore remarked, "We would agree." Further discussion ensued. Mayor Bush opened the "Public Input" portion of the Agenda Item. Mr. Paul Rosu, 2106 Kilamanjaro Court, Apopka, Florida: commented on the history of the homes in the Ranchlands. Dr. Neil R. Backus, 110 East Panama Road, Winter Springs, Florida: spoke about his property. Tape 2/Side B Further discussion. Mayor Bush closed the "Public Input" portion of the Agenda Item. "I THINK THAT THE FINDINGS ARE CONSISTENT WITH THE COMMUNITY; THE COMP (COMPREHENSIVE) PLAN; AND IT MEETS THE CODE; AND I RECOMMEND APPROVAL OF ITEM '203'." MOTION BY COMMISSIONER McGINNIS. COMMISSIONER McGINNIS FURTHER STATED, "I MOVE." SECONDED BY DEPUTY MAYOR BLAKE. DISCUSSION. Page 12 of 34 CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 27, 2006 PAGE 13 OF 34 VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE ("I WOULD LIKE US - TO TAKE A LOOK AT SOME OTHER ISSUES THAT ANTHONY [GARGANESE] BOUGHT UP.") DEPUTY MAYOR BLAKE: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: NAY MOTION CARRIED. Attorney Garganese stated, "I just want to make sure the Record is really clear. Commissioner Krebs wants us to go back and take a look at any bumping up the minimum lot size requirements for the Ranchlands area." Commissioner Krebs stated, "Yes." Deputy Mayor Blake added, "If an individual Commissioner wants that subject to be brought up, they probably should go to the City Manager and ask about it. He can have Staff put together some information for the rest of us to look at." Attorney Garganese stated for the Record, "If that's what the direction of the Commission is, just to at least go back and look at it and bring information back to the Commission so that you all can make an educated decision? I would just like that clear on the Record that there is - a majority of the consent of the Commission to do that for a pending Ordinance reason." Mayor Bush stated, "Do we have Consensus of the Commission on this - Commissioner Krebs's suggestion?" Commissioner Miller remarked, "You have got mine. " Deputy Mayor Blake stated, "What the Commissioner is asking, and I will concur, is information, but it should not, I think, be a pre-supposed decision that this Commission might be looking to make in finding a way to get there." Deputy Mayor Blake added, "If our Staff sees this Commission struggling with an issue and knows of information that they can seek out, find and bring to us for further clarity, even if that information may provide some future action, that is fine. But, I am very uncomfortable with a Consensus of the Commission that suggests an intended action that might be something that would involve a pending Ordinance doctrine on a Land- Use issue for something that we don't know anything about yet." Mayor Bush stated, "Commissioner Krebs, do you think Consensus then would be on bringing back information regarding this topic that was discussed tonight?" Commissioner Krebs remarked, "It always was." Commissioner McGinnis stated, "Alright, just an Information Item." Commissioner Gilmore stated, "No." Deputy Mayor Blake stated, "I always love more information." Commissioner Miller also said, "I always love more information." Mayor Bush stated, "Four to one (4 -1)." Page 13 of 34 CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 27, 2006 PAGE 14 OF 34 .:..:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEMS WERE DISCUSSED IN THE ORDER AS DOCUMENTED. .:..:. REGULAR AGENDA REGULAR 301. Police Department - Code Enforcement Bureau Presents To The City Commission The Request Of Mr. Able Gailbort To Park An Oversized Recreational Vehicle At His Residence Located At 1315 Deer Run, Winter Springs, Florida. Captain Tolleson spoke on this Agenda Item and stated, "It is our recommendation to deny this Request." Mr. Abel Gaibort, 1315 Deer Run, Winter Springs, Florida: addressed the City Commission on his Request. Discussion. "I WOULD LIKE TO MAKE A MOTION TO DENY THE REQUEST." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: NAY MOTION CARRIED. Mayor Bush called a Recess at 9: 15 p. m. Mayor Bush called the Meeting back to Order at 9:28 p.m. REGULAR 308. Community Development Department - Planning Division Requests That The Commission Review The Conceptual Plan For The West End Professional Center. Mr. Randy Stevenson, ASLA, Director, Community Development Department presented this Agenda Item. Page 14 of34 CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 27, 2006 PAGE 15 OF 34 Mr. Bill Starmer, Architect, Starmer, Ranaldi Planning and Architecture (sri), 890 Northern Way, Winter Springs, Florida: commented on the architectural features and the Conceptual Plan. With discussion, Commissioner Miller stated, "There should be a fountain on the North elevation." Mr. Starmer stated, "There will be an architectural feature there, whether it is a fountain, or a sculpture, or whether it is a garden - that has yet to be determined and we will bring that up in the Aesthetic Review." "I MOVE WE ACCEPT THE ATTACHED CONCEPT PLAN TONIGHT SUBJECT TO ANY DEVIATIONS IN THE CODE THAT WE WILL ADDRESS AT A LATER TIME." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. ATTORNEY GARGANESE STATED, "JUST SO THE RECORD IS CLEAR - IN THE REPORT; IT IS SUBJECT TO STAFF AND CITY COMMISSION APPROVAL; THE FINAL ENGINEERING DOCUMENTS; DEVELOPMENT AGREEMENT; AND AESTHETIC REVIEW." DEPUTY MAYOR BLAKE ADDED, "I JUST WANT TO MAKE SURE IT IS VERY CLEAR THAT CERTAIN DEVIATIONS OR VARIATIONS OR - VARIANCES FROM THE CODE WERE NOT BEING GRANTED AT THIS LEVEL." VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR BLAKE: AYE MOTION CARRIED. REGULAR 303. Finance Department Requesting The Commission To Adopt Resolution Number 2006-14, Accepting The Proposal From Wachovia Bank, National Association (N.A.) To Provide The City With A Loan In The Amount Of $430,000.00 To Finance The Tuscawilla Beautification and Lighting District's (TLBD) Phase II Construction Project. Ms. Michelle Greco, Director, Finance Department stated, "Tonight we are here to finalize the Bank Loan for the TLBD [Tuscawilla Beautification and Lighting District] Phase II construction project. Page 15 of34 CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 27, 2006 PAGE 16 OF 34 Mr. Jay Glover, Public Financial Management, Inc., 300 South Orange Avenue, Suite 1170, Orlando, Florida: as the City's Financial Advisor, Mr. Glover commented on this Bank Loan. Mr. Michael D. Williams, Esquire, Akerman Senterjitt, 420 South Orange Avenue, Suite 1200, Orlando, Florida: also spoke on the Bank Loan. Ms. Greco commented on speakers for the Record. "MOTION TO APPROVE [AGENDA] ITEM '303', RESOLUTION 2006-14." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. COMMISSIONER McGINNIS ADDED "EMPOWER THE CITY MANAGER, MAYOR, AND THE STAFF TO FACILITATE, TAKE WHATEVER ACTIONS ARE NECESSARY TO FACILITATE THE CLOSING OF THE FINANCING." SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR BLAKE: AYE MOTION CARRIED. REGULAR 300. Office Of The City Manager Requesting That The City Commission Approve The FY (Fiscal Year) 2007 Budget Calendar. Manager McLemore presented this Agenda Item. Mayor Bush stated, "I would like to see July without anything." Commissioner Krebs added, "Absolutely." Tape 3/Side A Page 16 of34 CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 27, 2006 PAGE 17 OF 34 With discussion on Budget Workshops, Commissioner Miller suggested, "I think it would be useful to have a Workshop, maybe or two (2) sometime in June, before the 19th where if possible, the City Manager could put on the Table, some of the major issues that are of concern to him, that are eventually going to come forward. He must know right now, what some of these issues are - have a ballpark understanding what they are; and 1 think it would also give us an opportunity to maybe comment on some of the things that we would like to see..." Commissioner Gilmore added, "... That is a good idea..." Commissioner Miller added, "... Thought about, so that we can maybe bring them up in one or two of the Commission Meetings." Ms. Greco spoke for the Record on scheduled vacations. With discussion, Manager McLemore suggested, "I would suggest we do that in April." Commissioner Krebs stated, "Every year, the Budget is the same time. 1 know in my business, there are days we don't take vacations because it is the nature of the beast. And so - 1 really would like to get this early. 1 don't want to get stuck like last time, and 1 really think, really Mayor, 1 really think we need to get it done. And 1 don't think vacations are an excuse." Mayor Bush noted, "I think that the Commission's vacation schedule should take precedence over the Staffs vacation schedule, because it is our job to do this, and Staff works for the Commission. So, 1 think that maybe what the Commission needs to do is submit their vacation schedules as well, and then let the Manager and Staff work around them, instead of the other way around." Commissioner Miller commented, "I would rather do it earlier." Mayor Bush added, "The earlier the better." Mayor Bush suggested, "What 1 would like to recommend is that for those of us here who do have vacation schedules, that we submit these to Mr. McLemore, if you do have one - and then he would come back with a revised schedule." Commissioner Gilmore inquired, "Can't we at least get an indication of what projects we have; what projects you and your Staff want to do; what staffing levels you want to go to, where our problems are. You should know all of those now, we shouldn't have to wait until three (3) months from now. 1 would think you'd have been gathering this information from your Staff - start feeding it to us. Don't wait until the end date and then we have to see it. 1 would like to see this stuff as it is brought in." Manager McLemore commented that, "What 1 would suggest to you is that we have a kind of policy level of discussion with you, and let you express to me those things that are of a concern and importance to you, and that could help us." Page 17 of 34 CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 27, 2006 PAGE 18 OF 34 Commissioner Krebs asked Manager McLemore, "When will you have the information about how much money we have?" Manager McLemore responded, "In June - after June 15th, third week of June - so, it's really around the first of July before we really know how much money we have." Regarding possible dates, Manager McLemore stated, "For Oviedo, is April the 4th, is the last date they submitted." For a Budget Workshop, Mayor Bush asked, "April the 3rd?" Deputy Mayor Blake commented, "I am good then." Commissioner McGinnis said, "Okay." Mayor Bush added, "6:30 {p.m.)." Mayor Bush summarized, "Monday, April the 3rd {2006) - 6:30 {p.m.). " Commissioner McGinnis remarked, "Yes." No objections were noted. Mayor Bush added, "We are agreed on that." Mayor Bush added, "We will call this a Workshop." Commissioner Miller remarked, "Yes." Commissioner Krebs suggested that, "If possible, you could do a couple of them together." Furthermore, Commissioner Krebs added, "Successive nights, that might be easier. " Mayor Bush suggested, "I think it would be a good idea if we could give the Manager those dates between the June 20th and July 17th that you would have conflicts, so he can - come back with some suggestions for us." "MOTION TO APPROVE ITEM '300' WITH THE ADDITION OF THE WORKSHOP ON APRIL 3RD, [2006]." MOTION BY COMMISSIONER MILLER. SECONDED BY DEPUTY MAYOR BLAKE. DISCUSSION. MAYOR BUSH ADDED, "6:30 [P.M.]." VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR BLAKE: AYE MOTION CARRIED. REGULAR 302. Office Of The City Manager Requesting The City Commission To Approve Resolution Number 2006-13, Amending The City Of Winter Springs Defined Benefit Pension Plan To Provide For A Voluntary Election Of Distributions From The Plan Where The Present Value Does Not Exceed $3,500.00. Mr. Kevin Smith, Director, General Services Department presented this Agenda Item. Page 18 of34 CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 27, 2006 PAGE 19 OF 34 "I RECOMMEND THAT WE APPROVE RESOLUTION 2006-13." MOTION BY COMMISSIONER MILLER. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER McGINNIS." DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BLAKE: AYE MOTION CARRIED. REGULAR 304. Not Used REGULAR 305. Not Used REGULAR 306. Not Used REGULAR 307. Office Of The City Manager Requesting The City Commission To Authorize The City Manager To Send A Formal Letter To The County Charter Amendment Committee Opposing Proposed Section 1.2 Prohibiting The Use Of Eminent Domain. "MOTION TO APPROVE." MOTION BY COMMISSIONER McGINNIS. MOTION DIED FOR LACK OF A SECOND. Much discussion. Mayor Bush said to the Commissioners, "I would like to recommend - that we go. I will be glad to do this, or one of the Commissioners, is to go to the Charter Review Committee; express some of the concerns that have been brought up here and just bring them to their attention." Commissioner Miller stated, "Put it in writing." Mayor Bush said, "Yes." Tape 3/Side B Page 19 of34 CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 27, 2006 PAGE 20 OF 34 No objections were noted by the City Commission. Mayor Bush commented, "Everybody in agreement with that - that that is the way to approach it? And Mr. McLemore and I will work up something and we will pass it by you all, far in advance. " With discussion, Mayor Bush added, "Well, is everybody in agreement with - and, this will come before you, before we take it to the Review Committee anyway. " REGULAR 309. Office Of The City Manager ADD-ON Requesting The City Commission Adopt A Revised Solid Waste Rate Resolution (Number 2006-16) To Reconcile And Correct Minor Discrepancies In The Calculation Of Commercial Franchise Fees. Mr. Smith briefly presented this Agenda Item. "I JUST MAKE A MOTION TO APPROVE RESOLUTION 2006-16." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. REGULAR 310. Office Of The Mayor ADD-ON Requesting The City Commission To Approve Resolution Number 2006-17 Supporting The Development Of A Medical Facility Within The City Of Oviedo. Mayor Bush briefly introduced this Agenda Item. "I MAKE A MOTION TO UNANIMOUSLY APPROVE RESOLUTION 2006-17." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER KREBS. DISCUSSION. Page 20 of 34 CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 27, 2006 PAGE 21 OF 34 VOTE: DEPUTYMAYORBLAKE: AYE COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. CONSENT AGENDA CONSENT 400. Office Of The City Manager Requesting The City Commission To Authorize The Pension Attorney To Revise And Update The City Of Winter Springs Defined Benefit Pension Plan. Discussion ensued on the Pension Plan document, to which Deputy Mayor Blake suggested, "I would highly recommend making a couple of phone calls to a few other folks that do this professionally and find out what it would cost to have the Plan Document restated." Further discussion. "I WOULD SUGGEST - WE TABLE THIS UNTIL THE NEXT MEETING AND HAVE THE CITY MANAGER OR STAFF, SOMEONE CHECK AROUND..." MOTION BY COMMISSIONER MILLER. MAYOR BUSH STATED, "...MOTION TO TABLE..." COMMISSIONER MILLER CONTINUED BY SAYING, "...AND BRING IT BACK." SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER McGINNIS: NAY COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE DEPUTYMAYORBLAKE: AYE MOTION CARRIED. Page 21 of34 CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 27, 2006 PAGE 22 OF 34 CONSENT 401. Office Of The City Manager Requesting The City Commission To Authorize The City Manager To Issue An RFP (Request For Proposal) For Procurement Of On-Going 3rd Party Pension Advisory Services To The City Of Winter Springs Defined Benefit Pension Plan And Bring Back The Results Of The RFP (Request For Proposal) To The Commission For Selection. This Agenda Item was not discussed. .:..:. AGENDA NOTE: THE FOLLOWING CONSENT AGENDA ITEM WAS DISCUSSED NEXT, WITH AN INDIVIDUAL VOTE ON THIS CONSENT AGENDA ITEM, AS DOCUMENTED. .:..:. CONSENT AGENDA CONSENT 402. Office Of The City Manager - Urban Beautification Services Division Requesting The City Commission To Find That A Partnership Agreement Between J.D.C. And The City Of Winter Springs To Upgrade Landscaping Of The Fountain Circle In The Town Center Fulfills An Important Public Purpose, And Authorize The City Manager To Enter Into A Partnership Agreement With J.D.C. To Fund 50% (Fifty Percent) Of The Cost Of The Upgrade. Mr. Steven Richart, Urban Beautification Division Services Manager, Community Development Department presented this Agenda Item. With discussion, Commissioner Miller spoke for the Record on a "Point of Clarification" regarding trees being planted on State Road 434. Commissioner Krebs stated "Point of Order". "MOTION TO EXTEND." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Further discussion. Page 22 of 34 CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 27,2006 PAGE 23 OF 34 Commissioner Miller said to Manager McLemore, "Listen to the tape - I think we ought to look seriously at - if we are going to spend eight thousand dollars ($8,000.00) because we saved that on trees that we got a good deal on Miller's Road, down there on [State Road] 434, we probably could have put in more trees on Miller's Road which I don't object to at all, by the way." Commissioner Miller added, "I would like to see the City look at - maybe getting Mr. Doran to do this and we will further enhance his property by putting the eight thousand dollars ($8,000.00) into foliage elsewhere." Mayor Bush asked, "Do you want to pull this off the Consent Agenda?" Commissioner Krebs said, "I want to Vote on it." "MOTION TO APPROVE." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: NAY COMMISSIONER GILMORE: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BLAKE: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE REST OF THE CONSENT AGENDA WAS DISCUSSED NEXT, AS DOCUMENTED. .:..:. CONSENT AGENDA CONSENT 403. Office Of The City Clerk Respectfully Requests That The City Commission Consider And Approve Resolution 2006-15, And Also Requests That The Mayor On Behalf Of The City Commission Sign A Related Letter Of Support, Offering City Clerk Andrea Lorenzo-Luaces, CMC, The Mayor And City Commission's Endorsement For City Clerk Lorenzo-Luaces To Possibly Submit Her Name As A Nominee For Central East District Director For The Florida Association Of City Clerks. No discussion. Page 23 of 34 CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 27, 2006 PAGE 24 OF 34 CONSENT 404. Office Of The City Clerk Requesting Approval Of The February 13, 2006 Regular City Commission Meeting Minutes. There was no discussion on this Agenda Item. CONSENT 405. Public Works Department - Utility Department Requesting Approval To Enter Into A Contract For The Upgrade Of The Electrical Wiring And Equipment At Water Treatment Plant #3. With discussion, Commissioner Gilmore stated, "I would like a tour." CONSENT 406. Office Of The City Manager Requesting The City Commission To Approve Settlement With Mark And Elizabeth Walters Resulting From Sewer System Back-Ups During Hurricane Charley And Approval Of A Supplemental Appropriation From Utility Fund Reserves For Funding Of The City Portion Of This Settlement. Discussion ensued with Mr. Smith and Manager McLemore. CONSENT 407. Office Of The City Manager Requesting The City Commission To Approve A Supplemental Appropriation From Utility Fund Reserves To Fund Settlements Of Storm Related Damages Resulting From Sewer System Back-Ups During Hurricane Charley. This Agenda Item was not discussed. CONSENT 408. Public Works Department - Utility Department Requesting Additional Funding For The Construction Of Well #4. Brief discussion. Page 24 of 34 CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 27,2006 PAGE 25 OF 34 CONSENT 409. Parks And Recreation Department Requesting The City Commission To Authorize The City Manager To Execute The Agreement Between The City Of Winter Springs And Infinity Broadcasting For July 4, 2006, Sponsors, Vendors, And Promotion. There was no discussion on this Agenda Item. "MOTION TO APPROVE" CONSENT AGENDA, NOT INCLUDING CONSENT AGENDA ITEM "402" WHICH WAS ALREADY VOTED ON. MAYOR BUSH ST A TED, "MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER GILMORE." DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. INFORMATIONAL AGENDA INFORMATIONAL 500. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. There was no discussion on this Agenda Item. INFORMATIONAL 501. Parks And Recreation Department Wishes To Inform The City Commission Of The Board Of County Commissioners Direction On The Planning Of Jetta Point Park And Soldiers Creek Park. Mr. Chuck Pula, Director, Parks and Recreation Department answered questions about this Agenda Item. Page 25 of 34 CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 27, 2006 PAGE 26 OF 34 INFORMATIONAL 502. Public Works Department Advising The City Commission Of The Status Of Various Capital Improvement Projects. No discussion. INFORMATIONAL 503. Information Services Department Wishes To Inform The Commission Of A New Program Being Rolled Out From The City's Website That Will Enable Individuals To Sign-Up For Emergency Alerts From The City. This Agenda Item was not discussed. "MOTION TO APPROVE INFORMATIONAL." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR BLAKE: AYE MOTION CARRIED. REPORTS REPORTS 600. Office Of The City Attorney - Anthony A. Garganese, Esquire No Report. Page 26 of 34 CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 27,2006 PAGE 27 OF 34 REPORTS 601. Office Of The City Manager - Ronald W. McLemore Manager McLemore stated, "I would like to have a Special Meeting with you, if possible in the immediate future, to talk about the Town Center - about the parking issue. If anyway possible, I would like to do that next week." Deputy Mayor Blake stated, "Monday the 6th [March]." Manager McLemore added, "We have Monday the 6th on the table." Commissioner McGinnis stated, "Okay." Commissioner Krebs stated, "Okay." Mayor Bush stated, "That is the night of the Charter Review Committee." Tape 4/Side A Mayor Bush added, "6:30 [p.m.]?" Manager McLemore stated, "Works for me." Mayor Bush stated, "Special, it is a Special Meeting, or a Workshop?" Manager McLemore stated, "Special - Workshop." Mayor Bush stated, "It is a Workshop at 6:30 [p.m.] March the 6th [2006]. 6:30 [p.m.]. Monday." Also, Manager McLemore stated, "Just to make sure you are aware that I have had a request by Bill Reischmann to be on your - Agenda in March to come forward to talk about recreational issues." Mayor Bush stated, "Has he met with Chuck [Pula] - wouldn't it make sense that he would meet with Chuck [Pula], before he would come to the Commission?" Manager McLemore stated, "He certainly will." Discussion. REPORTS 602. Office Of The City Clerk - Andrea Lorenzo-Luaces, CMC Deputy City Clerk Debbie Franklin did not have any Report. REPORTS 603. Commission Seat Four - Sally McGinnis Commissioner McGinnis inquired about the Phone Operator position in City Hall. Ms. Joanne Dalka, Director, Information Services Department stated that there is "We just started advertising - this week for that position. I anticipate within probably a month, the position will be filled." Discussion ensued about Staff contacting the Florida Department of Transportation regarding access issues and businesses on State Road 434. Page 27 of 34 CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 27, 2006 PAGE 28 OF 34 Commissioner McGinnis stated, "Workforce Housing - they have issued a final report. I have a copy of it. I would be happy to give this to the City Clerk. I urge you to read it. This is one of the priorities of the Florida League of Cities." Commissioner McGinnis added, "Yes, he would be willing to come to our Commission and do a Workshop." Furthermore, Commissioner McGinnis noted, "I would like for us to have him come and do a Workshop here, talk to us about what Workforce Housing is, what it does to a community, what it doesn't do to a community." Commissioner McGinnis added, "I will give this to the City Clerk." Manager McLemore stated, "What is the Commission's desire here?" Commissioner Krebs stated, "I would like a Workshop. I agree. I think it is very, very serious." Commissioner Miller remarked, "I would like to see it done sometime in the Summer. " Commissioner McGinnis stated, "I am asking for a Consensus that we contact the State Department - Affordable Housing - someone do a Workshop for us on Workforce Housing." Commissioner Krebs stated, "Do we have Consensus on the Commissioner's recommendation?" Commissioner Krebs stated, "I am good with it." Commissioner Gilmore stated, "Yes." Deputy Mayor Blake nodded in affirmation. Commissioner Miller stated, "Sure." Mayor Bush said, "We have Consensus and Mr. McLemore then will locate this person after the Budget is over - after the Budget process. " Commissioner Krebs added, "I agree with you Commissioner McGinnis, as far as putting aside properties to accommodate our workforce. " REPORTS 604. Commission Seat Five - Joanne M. Krebs Commissioner Krebs asked "What is the schedule is for the Straw Ballot - for the Sidewalks and where we are at?" Mr. Lockcuff stated, "You're talking about Dyson..." Commissioner Krebs stated, "... Yes." Mr. Lockcuffthen explained, "We just gave Ron [McLemore] the draft, information letter, and the ballot today, so we are hoping to have it out probably by the end of the week." Commissioner Krebs stated, "I was wondering if this Commission would entertain the idea of changing our Meeting time. I have had many contacts from many people that either frequent the Chambers or would like to. And, the fact that the Meetings are being so early, they just are not able to make them." Commissioner Krebs then stated, "Would the Commission entertain that idea?" Commissioner Krebs added, "My suggestion would be 7:00 [p.m.] or 7:30 [p.m.]." Commissioner Krebs asked, "Would you consider 7:00 [p.m.]?" Commissioner McGinnis stated, "Yes." Page 28 of 34 CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 27, 2006 PAGE 29 OF 34 With discussion on the length of Meetings, Mayor Bush suggested, "One of the things that would really help, if you have Consent Agenda Items, you talk to the Manager or the Staff prior to this." "I WOULD LIKE TO MAKE A MOTION THAT WE - GO TO STARTING OUR MEETINGS, OUR OFFICIAL MEETINGS AT 7:00 P.M." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. "WE START AT 6:00 [P.M.], WHERE WE DISCUSS INFORMATION AND CONSENT AGENDA ITEMS AND THEN WE WOULD BE ABLE TO START THE REAL BUSINESS OF THE MEETING AT 6:30 [P.M.] AND WE WOULD BE OUT OF HERE BY 10:00 [P.M.]." AMENDMENT TO THE MOTION BY COMMISSIONER MILLER. MOTION DIED FOR LACK OF A SECOND. "I WOULD LIKE TO AMEND THE MOTION MAYOR, THAT THIS BE A THREE (3) MONTH TRIAL - TO SUNSET - ON THE FINAL MEETING OF MAY 2006." AMENEDMENT TO THE MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. "I WILL AMEND THE AMENDED MOTION TO MAKE IT SIXTY (60) DAYS." AMENDMENT TO THE AMENDED MOTION BY COMMISSIONER MILLER. MOTION DIED FOR LACK OF A SECOND. COMMISSIONER KREBS ASKED, "WHAT ARE WE VOTING ON?" MAYOR BUSH STATED, "THE AMENDMENT TO THE MOTION WHERE THE MEETINGS WOULD START AT 7:00 [P.M.] AND FOR A TRIAL PERIOD TO EXPIRE AFTER THE MEETING, SECOND MEETING IN MAY 2006. IS THAT CORRECT, MR. BLAKE?" DEPUTY MAYOR BLAKE STATED, "YES." COMMISSIONER MILLER STATED, "COMMISSIONER KREBS BROUGHT IT UP FOR WHAT REASON? I WOULD LIKE HER TO RESTATE THE REASON BECAUSE AS I UNDERSTAND IT THERE HAS BEEN A LOT OF COMPLAINTS FROM PEOPLE THAT HAVE NOT BEEN ABLE TO..." COMMISSIONER KREBS STATED, "...NOT COMPLAINTS..." COMMISSIONER MILLER STATED, "...COMMENTS. THAT A LOT OF PEOPLE HAVE NOT BEEN ABLE TO ATTEND THEIR ISSUES..." COMMISSIONER KREBS STATED, "...CORRECT..." COMMISSIONER MILLER STATED, "...SO AGAIN I WOULD RAISE THE ORIGINAL ISSUE JUST IN PASSING - WHICH WAS THAT IF WE START IT AT 6:00 [P.M.]; WE CAN GET THE AGENDA - ALL OF THE CONSENT..." COMMISSIONER KREBS STATED, "...IT IS DIFFICULT FOR ME TO MAKE IT HERE AT 6:00 [P.M.] BECAUSE I WORK." Page 29 of 34 CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 27, 2006 PAGE 30 OF 34 VOTE: (ON THE AMENDMENT TO THE MOTION) COMMISSIONER GILMORE: NAY COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: NAY COMMISSIONER MILLER: AYE DEPUTY MAYOR BLAKE: AYE MOTION CARRIED. COMMISSIONER MILLER STATED, "IF YOU SHOOT DOWN THE MAIN MOTION, EVERYTHING DIES." VOTE: (ON THE MAIN MOTION, AS AMENDED) COMMISSIONER MILLER: NAY COMMISSIONER KREBS: AYE DEPUTYMAYORBLAKE: NAY COMMISSIONER GILMORE: NAY COMMISSIONER McGINNIS: NAY MOTION DID NOT CARRY. Commissioner Krebs commented on an article that was in the Seminole Extra regarding Parcel 14. Deputy Mayor Blake stated "Point of Order" regarding the Agenda Item that was postponed earlier this evening. Attorney Garganese stated, "She can make a statement, but I would reserve debate on that issue until the Public Hearing." REPORTS 605. Office Of The Mayor - John F. Bush Mayor Bush stated, "One day last week, I called eight (8) different people in the City and got - eight (8) phone [voice]mails." With discussion on Staffs whereabouts, Mayor Bush stated, I would recommend the Manager look into this - that so many people just cannot be gone at one time." Mayor Bush stated, "Why are the Clocks in the Town Center not working?" Mayor Bush added, "Is there some reason those Clocks don't work? And if so, why don't we get them fixed." Mr. Stevenson stated, "The one that doesn't work, as I understand it, Doran has ordered parts for it." Page 30 of 34 CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 27, 2006 PAGE 31 OF 34 Mayor Bush commented on Legislative Action Day scheduled for March 29, 2006 and stated, "I think there would be some benefit that those who are going, that we have a Meeting to go over those items. Which - would have to be an advertised Meeting. Who all is going up there on the 29th?" Mayor Bush added, "The 28th." Commissioner McGinnis stated, "I am going." Mayor Bush said, "So we have three (3) of us, and 1 am going, that is four (4) of us. Why don't you give the Clerk's office a call and let them know when you could meet." Commissioner McGinnis stated, "Anytime." Commissioner Krebs also said, "Anytime." Commissioner Miller suggested, "How about next Tuesday?" Mayor Bush stated, "Can we meet during the day?" Commissioner McGinnis said, "Yes." Commissioner Miller stated, "Sure." Commissioner Krebs remarked, "It depends on the day." Mayor Bush asked, "March the 1 oth?" Commissioner McGinnis stated, "Okay." Mayor Bush stated, "How about noon, we have our luncheon Meetings." Mayor Bush stated, "Why don't you look at your calendar, call the Clerk's office and then - we'll decide when we can do it." Commissioner Krebs stated, "I will send an email. " REPORTS 606. Commission Seat One - Robert S. Miller Commissioner Miller commented on individuals from Turkmenistan visiting the United States and Winter Springs next Tuesday, March 7, 2006 around 2:00 p.m. Commissioner Miller stated, "I would encourage all of you to show up." Mayor Bush noted, "The Clerk's Office will need to advertise this." Commissioner Miller added, "I will give the Clerk this and she can make copies and give it to you." REPORTS 607. Commission Seat TwolDeputy Mayor - Michael S. Blake Deputy Mayor Blake commented on Village Walk and stated, "I am talking about the Village Walk area, that development specifically, the landscaping along the right-of-ways - is it done or is it not done? 1 thought 1 was told it was done, and if it is, we have got weed coverage - 1 will be glad to go out there with you and walk it and look at it." Mr. Stevenson noted, "Steven [Richart] is on top of it though and 1 will mention it to him tomorrow." Furthermore, Deputy Mayor Blake added, "Frankly it looks almost Highway Commercial in some areas, and it is a huge disappointment." Manager McLemore stated, "We need to be prepared to give you a full Report at the next Meeting." Page 31 of 34 CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 27, 2006 PAGE 32 OF 34 Furthermore, Deputy Mayor Blake remarked, "Include pictures please, full-color pictures." Additionally, Deputy Mayor Blake noted, "I would like to see an item on it, and I would like it to include nice colored photographs of what is there, and by the way, why don't we pull up some of the drawings we have from what we were sold. Let's take a look at those too and let's compare and see where we are falling down and try to get it fixed. " REPORTS 608. Commission Seat Three - Donald A. Gilmore Commissioner Gilmore would like "ID (Identification) badges for City Hall. Visitors coming in to City Hall don't have an idea who they are talking to, who are employees and who are not employees. I think it would be appropriate that our people here at City Hall have legible ID (Identification) badges as in most organizations, and I would like to see a Consensus of the Commission on that subject." Ms. Dalka stated that regarding Identification badges - "We have budgeted this year for our ID (Identification) badge program for Human Resources to begin using. However, we ran into a situation where - we need to look at the logo that needs to be put on the badge. And I understand that work is being done on a City logo." Mayor Bush stated, "We have a Logo - that is it, right there." Ms. Dalka added, "Pretty much, we are going to pick that up probably mid April." Ms. Dalka added, "It is an ID (Identification) badge with their photograph, their name, their title." Commissioner Gilmore added, "What people need to see is the name. I don't care if you have photo ID (Identification) as much as you have a badge with a clearly legible name that you can see five (5), six (6), eight (8') feet away." Commissioner Gilmore stated, "Give them a photo ID (Identification) so that they can carry in their pocket. It is two (2) different items." Then, Commissioner Gilmore stated, "What I am talking about is, I want to see the person's name, maybe their title, that is really what we are after." Ms. Dalka stated, "So, you are wanting a separate ID (Identification) badge separate from the picture ID (Identification)." Commissioner Gilmore stated, "That is my suggestion." Ms. Dalka stated, "That's not what we were looking at. " Deputy Mayor Blake agreed and stated, "They can do the card, photo ID (Identification) - the City employee ID (Identification), that is a different issue and I think that is fine, and they are going through with that, like what she said. What Commissioner Gilmore is talking about is a name badge to help the public and other employees identify each other by name so that you know who you are doing business with and you know who you are talking to. " Page 32 of34 CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 27, 2006 PAGE 33 OF 34 Furthermore, Deputy Mayor Blake added, "Make it one design, but make it easy to read for the public." Commissioner McGinnis stated, "I agree." Mayor Bush asked, "Everybody in agreement?" As there weren't any objections, Mayor Bush stated, "We have Consensus on that." Deputy Mayor Blake added, "That doesn't change anything you are doing on ID (Identification) badges." Commissioner Gilmore commented, "No, you can continue that and you can carry them in your pocket. " Regarding the "RUOK" Program, Commissioner Gilmore said to Police Chief Daniel 1. Kerr, Police Department, "Is that still active?" Chief Kerr commented, "Yes, that is still a Program that we offer." With further discussion, Chief Kerr added, "Yes, it is a program that we advertise. It's on our Website. We can also put it in the City Newsletter the next time." Commissioner Gilmore stated, "I would like to see it in the Newsletter; and let the people know that this Program is available." Discussion. Commissioner Gilmore added, "It would be nice if Susie [Coffman, Seniors Program Supervisor, Parks and Recreation Department] had a poster of it on the Wall over at the Senior Center, to tell people that that is available." Next, Commissioner Gilmore stated, "The Wall on Tuscawilla Trails. Tonight, Starmer's project said they are going to have a wall between his development and Tuscawilla Trails. What about the other one over there?" Mayor Bush stated, "The Settlement Agreement did not require a wall." Mr. Stevenson stated, "Between J esup' s Reserve and Tuscawilla Trails there was specified a buffer in there, that included a berm and plantings, as well as trees; and that was part of the Settlement Agreement. It was not a wall, along the south side of Jesup's Reserve." Mr. Stevenson added, "And we have a letter in the file from the Tuscawilla Trails - Property Management Association acknowledging that." Tape 4/Side B Mayor Bush stated, "You might want to give a copy to the Commissioners." Next, Commissioner Gilmore asked about Building Permits being issued without checking Deed Restrictions on applicable property. Discussion. Deputy Mayor Blake stated, "[Section] 20-357." Furthermore, Deputy Mayor Blake remarked, "I thought we were going to re-write this section..." Attorney Garganese stated, "... We got sidetracked." With Additional comments, Deputy Mayor Blake added, "Why haven't we amended Section 20-357. and ..." Attorney Garganese noted, "...The PUD [Planned Unit Development] procedures..." Deputy Mayor Blake stated, ".. . Right." Further discussion. Page 33 of34 CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 27, 2006 PAGE 34 OF 34 ADJOURNMENT Mayor Bush adjourned the Regular Meeting at approximately 12:38 a.m. RESPECTFULLY SUBMITTED: ANDREA LORENZO-LUACES, CMC, CITY CLERK AND &u[tlz~-Aa~C/l-t;;~J DEBBIE FRANKLIN DEPUTY CITY CLERK APPROVED: NOTE: These Minutes were approved at the March 13,2006 Regular City Commission Meeting. Page 34 of 34