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HomeMy WebLinkAbout_2006 04 10 City Commission Regular Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING APRIL 10, 2006 CALL TO ORDER The Regular Meeting of Monday, April 10, 2006 of the City Commission was called to order by Mayor John F. Bush at 6:35 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, present Commissioner Sally McGinnis, present Commissioner Joanne M. Krebs, present City Manager Ronald W. McLemore, present City Attorney Anthony A. Garganese, present .:..:. AGENDA NOTE: AWARDS AND PRESENTATIONS "100" WAS HELD NEXT, FOLLOWED BY PUBLIC INPUT. .:..:. AWARDS AND PRESENTATIONS AWARDS AND PRESENT A nONS 100. Community Development Department - Arbor Division Requests The Mayor And The City Commission To Accept Honorary Plaques Presented To The City By Club Scout Packs 196 And 843 In Celebration Of The Cub Scouts International 75th Anniversary. In honor of a tree planted last year on Arbor Day in front of City Hall by Club Scout Packs 196 and 843, plaques were presented to the City to be placed at the tree. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 10,2006 PAGE 2 OF 38 PUBLIC INPUT Mr. Bill Reischmann, Esquire, 1673 Eagle Nest Circle, Winter Springs, Florida: as the Attorney for the Tuscawilla Homeowner's Association, Mr. Reischmann spoke on the issue of the industrial building being built in Tuscawilla. Discussion. Commissioner Joanne M. Krebs said to Attorney Garganese, "How would we find out what these different Units, Association's, whatever you want to call them need to do, to do it right. To make sure that they can reinstate, renew or just continue their restrictive Covenants - Deed Restrictions." City Attorney Anthony A. Garganese responded, "I am not sure there is anything that the City can do in terms of getting all of these Deed Restrictions either reinstated if they expired, or renewed. I mean the City can certainly try to educate the Homeowner Association's and the Property Owners that are out there regarding this issue." With discussion, Attorney Garganese stated, "Given the circumstances, there may be a need for additional safeguards regarding single family properties." Discussion. Mr. Reischmann briefly mentioned the provisions of Florida Statutes 712, and Florida Statutes 720, Part III. Deputy Mayor Michael S. Blake stated, "I found a couple of provisions within our Code - 20-353. for instance, which states the Development Code that Tuscawilla was developed under, specifically that one. It says 'The following uses shall be permitted in the planed unit development district if they are complimentary to and compatible with each other and the adjacent land uses, and if designated on an approved preliminary and final development plan:' Why wouldn't that language apply to this?" Furthermore, Deputy Mayor Blake pointed out, "Paragraph (1) of that same Section reads, 'Planned residential communities:' which this is, 'Residential dwelling units, including but not limited to detached single-family, patio homes, garden apartments, condominiums, cooperative apartments - provided that all are compatible with each other; complimentary and compatible supportive commercial and/or industrial land uses designed to create an aesthetically pleasing and harmonious environment." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 10, 2006 PAGE 3 OF 38 Next, Deputy Mayor Blake noted, "Then in 20-354. (d) - the very next section - it says, 'The following site development standards shall apply unless waived by the city commission, specifically finding after receiving recommendations from the' - P and Z Board '[planning and zoning board], that the unique characteristics of the development in question make unnecessary the application of one (1) or more of these provisions in order to carry out the intent and purpose of the planned unit development district:' Number (6) reads, 'The proposed location and arrangement of structures shall not be detrimental to existing or prospective adjacent land uses. Lighting, access points, or high noise level activities which adversely affect abutting property shall be prohibited.' It seems to me like we have the language in our Code." Furthermore, Deputy Mayor Blake commented that, "I am very concerned about, not just what the Codes say, because frankly, when 1 read this, 1 think we have language in the Code, notwithstanding the fact - of what might be in the CCR's (Covenants, Conditions and Restrictions) that either are in place or have expired and now have to be renewed, but 1 think we have the tools right here to make sure this doesn't happen; and the biggest problem is, it never should have happened." Further discussion. Tape I/Side B Mayor Bush suggested, in number 3., it should say "'Winter Springs', not just 'Tuscawilla'." Commissioner Robert S. Miller added, "That is correct." Mayor Bush opened the "Public Input" portion of this discussion. Mr. Edward Martinez, Jr., 205 Little Creek Lane, Winter Springs, Florida: spoke on the issue of the industrial building being built in Tuscawilla and made several suggestions for future consideration. Ms. Yvonne Paul, 1215 Deer Run, Winter Springs, Florida: also mentioned the industrial building being built in Tuscawilla and spoke about Deed Restrictions. Mr. Tom Waters, 1033 Antelope Trail, Winter Springs, Florida: spoke of getting permits but hoped there would not be too many regulations. Mr. Waters also noted items that have come before the Board of Adjustment. Mr. Tom Weiss, 1304 Deer Run, Winter Springs Florida: mentioned the Tuscawilla community and neighboring quality, property values, and permitting. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 10,2006 PAGE 4 OF 38 Mr. Richard Van Smith, 1313 Deer Run, Winter Springs, Florida: encouraged architectural standards and suggested the City provide polices for the review of buildings; and mentioned his concern with the aluminum paneling on the second floor of the industrial building being built in Tuscawilla. Mr. Thomas Gergen, 922 Torrey Pine Drive, Winter Springs, Florida: noted his concern with protecting property values; spoke of Building Permits and thought that the permit for the industrial building being built in Tuscawilla should not have been approved. Mayor Bush closed the "Public Input" portion of this discussion. Discussion. Mayor Bush stated, "Commissioners, the Manager has made three (3) recommendations, and the only change that I am aware of is we change the word 'Tuscawilla' to 'Winter Springs' in number 3. In light of Mr. Blake's comments regarding the existing Code - any changes?" Commissioner Krebs stated, "I think that we should also make sure that we include Commissioner Blake's question that he had and we research that. And also what I would like to know is what we can do to prevent somebody else from walking in that door tomorrow and having something approved while we go through this process." Attorney Garganese stated, "What you can do in the meantime to try to protect - the residential communities is you can give some specific direction to have us come back with an Ordinance to at least address this issue. And then we could rely on the pending Ordinance doctrine which you are generally familiar with, until such time as the Commission can adopt a Code and make it law." Attorney Garganese added, "We would need to have some clear direction to get the wheels moving to prepare that Ordinance." Deputy Mayor Blake agreed with Commissioner Krebs and stated, "We need to make sure that we do something at this point in time that will protect us from something that could walk in the door tomorrow." Next, Deputy Mayor Blake inquired, "What protections do we already have in force and to what extent are we utilizing those to protect ourselves from these types of surprises; so I am fully in support of directing Staff to go forward and bring back some solutions immediately that will protect the residential nature of the communities that we have in Winter Springs that are residential." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 10,2006 PAGE 5 OF 38 "I MOVE THAT WE ADOPT THESE THREE (3) RECOMMENDATIONS TONIGHT." MOTION BY COMMISSIONER McGINNIS. MAYOR BUSH ADDED, "ON ITEM 3. WITH 'TUSCA WILLA' STRUCK AND 'WINTER SPRINGS' REPLACED." COMMISSIONER McGINNIS NOTED, '''WINTER SPRINGS', THAT IS CORRECT." SECONDED BY COMMISSIONER GILMORE. DISCUSSION. "I WOULD LIKE TO MAKE AN AMENDMENT TO THAT - THE MOTION I WOULD LIKE TO ADD NUMBER 4. - NUMBER 4. WOULD PROVIDE FOR A PROCEDURE WITHIN THE CITY OF WINTER SPRINGS THAT WOULD BE ENACTED BY THE CITY MANAGER THAT WOULD ENSURE THAT IN THE FUTURE WHEN UNFORESEEN SITUATIONS SUCH AS THIS COME THROUGH THE STAFF THAT STAFF IS REQUIRED TO BRING IT TO MR. McLEMORE OR WHOMEVER THE CITY MANAGER IS, AND ELEVATE IT SO THAT IT DEOSN'T - GET DONE WITHOUT A FLAG BEING FLOWN." AMENDMENT OT THE MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: (ON THE AMENDMENT) COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. VOTE: (ON THE MAIN MOTION, AS AMENDED) COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. Commissioner Krebs then said to Attorney Garganese, "What is the probability or the possibility of somebody coming in tomorrow from any part of the City that - doesn't have Deed Restrictions or they have expired Deed Restrictions, of being able to put a unit up like we just heard about?" CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 10, 2006 PAGE 6 OF 38 With further comments, Attorney Garganese said, "With respect to existing residential neighborhoods - additions, modifications, and expansions of residential structures, we need to come up with some law - to address compatibility and harmony with surrounding neighborhoods. I think that's the message that's loud and clear and that these types of structures that are built in existing residential neighborhoods should not be allowed and I think that's a clear message and certainly - tomorrow we'll post something up there at the Counter to advise everybody that there is a pending Ordinance in the works to address this; and that puts the Public on Notice." "I MAKE A MOTION THAT WE HAVE THE ATTORNEY DRAFT - AN ORDINANCE - THE ISSUES YOU JUST RAISED..." ATTORNEY GARGANESE STATED, "...REGARDING NEIGHBORHOOD COMP A TIBILITY." MOTION BY COMMISSIONER MILLER. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER GILMORE." DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS DISCUSSED NEXT FOLLOWED BY THE REMAINING AGENDA ITEMS, AS DOCUMENTED. .:. .:. REGULAR AGENDA REGULAR 300. Public Works Department Requesting The City Commission To Review The Straw Ballot Results For The Proposed Dyson Drive Pedestrian And Traffic Safety Improvement Project And Approve Construction Of Sidewalks And Traffic Calming. Mayor Bush opened the "Public Input" portion of this Agenda Item. Mr. Tom Freeman, 900 Dyson Drive, Winter Springs, Florida: spoke of the time to get to or from Rainbow Elementary School; and mentioned that he thought the sidewalks were more of a "dogwalk". CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 10, 2006 PAGE 7 OF 38 Mr. Larry Nadrowski, 915 Dyson Drive, Winter Springs, Florida: noted there is a need for sidewalks and Traffic Calming and spoke of speeding and traffic. Ms. Connie Nadrowski, 915 Dyson Drive, Winter Springs, Florida: also spoke of sidewalks and Traffic Calming. Ms. Sherri Moore, 925 Dyson Drive, Winter Springs, Florida: spoke of fond school memories of neighborhood children going to school. Tape 2/Side A Ms. Christine Borbridge, 910 Dyson Drive, Winter Springs, Florida: remarked about her support of sidewalks and Traffic Calming and also noted some related statistics. Ms. Pamela Carroll, 865 Dyson Drive, Winter Springs, Florida: asked why Mustang Court residents weren't included and suggested a four way stop at Morgan Street and Dyson Drive. Mr. Tibor C. Osztroviczky, 1005 Dyson Drive, Winter Springs, Florida: noted communities with and without sidewalks and mentioned that he has not seen speeding cars. Discussion. Mr. Mervin Warner, 673 Keuka, Court, Winter Springs, Florida: noted he was in favor of sidewalks and Traffic Calming and asked the City Commission to approve both. Mr. Archie Sullivan, 607 South Pinto Court, Winter Springs, Florida: commented about the need for sidewalks and Traffic Calming; mentioned speeding vehicles; and said that more children seemed to be moving into the neighborhood. Ms. Laura Etse, 1110 Gator Lane, Winter Springs, Florida: asked why Howell Creek Drive and Deer Run weren't included in the study and asked some questions about Traffic Calming related issues. Brief discussion. Ms. Loretta Ames, 150 Third Street, Winter Springs, Florida: Mayor Bush said, "Loretta is in favor of item' 30 1'." Mr. Bob Rucci, 973 Turkey Hollow Drive, Winter Springs, Florida: asked the City Commission to approve Regular Agenda Item "301". CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 10,2006 PAGE 8 OF 38 Ms. Sarah Petrie, 661 A Macduff Lane, Winter Springs, Florida: Mayor Bush noted, Sarah is "In favor of item '301', but does not wish to address the Commission." Mr. Mathew Branson, 661 A Macduff Lane, Winter Springs, Florida: Mayor Bush remarked, "Mathew Branson is also in favor of item '301', and does not wish to address the Commission." Mr. Bruce Filsinger and Ms. Anna Filsinger, 442 Club Drive, Winter Springs, Florida: Mayor Bush remarked, "Is in favor of '301', and they do not wish to address the Commission. " Ms. Linda Payne, 510 Bentley Street, Oviedo, Florida: Mayor Bush stated "Linda Payne is in favor of' 30 1', and does not wish to address the Commission." Mr. William Payne, 510 Bentley Street, Oviedo, Florida: Mayor Bush commented "William Payne is in favor of '301', and does not wish to address the Commission." Mayor Bush closed the "Public Input" portion of this Agenda Item. Mr. Brian Fields, P.E., City Engineer, Public Works Department presented his opening comments on this Agenda Item. Discussion. "I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE BOTH THE SIDEWALKS AND THE TRAFFIC CALMING." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: DEPUTYMAYORBLAKE: AYE COMMISSIONER KREBS: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 10, 2006 PAGE 9 OF 38 PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 200. Community Development Department - Planning Division Requests That The Commission Hold A Public Hearing For The Aesthetic Review Of The New Public Works Buildings Located On Old Sanford Oviedo Road. Ms. Eloise Sahlstrom, AS LA, AICP, Senior Planner, Community Development Department spoke on this Agenda Item. Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. "I WOULD LIKE TO MAKE A MOTION WE APPROVE ITEM '200'." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. PUBLIC HEARINGS 201. Community Development Department - Planning Division Requests That The Commission Hold A Public Hearing For The Aesthetic Review Of A Dumpster Enclosure Located Behind Building 16 Within Phase 1 Of The Town Center. Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. Ms. Sahlstrom briefly spoke on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - ApRIL 10, 2006 PAGE 10 OF 38 Discussion. "MOTION TO APPROVE." MOTION BY DEPUTY MAYOR BLAKE. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER MILLER." DISCUSSION. Commissioner Miller stated, "Point of Order" and spoke of the Motion. VOTE: DEPUTY MAYOR BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 301. Parks And Recreation Department Requesting The City Commission Approval To Proceed With The Planning For A Permanent Dog Park On The Central Winds Expansion Property (Wincey) Per The Attached Concept Plan. Mr. Chuck Pula, Director, Parks and Recreation Department introduced this Agenda Item. Tape 2/Side B Brief discussion. Due to technical difficulties, the next audiotape was used. Tape 3/Side A Discussion. Commissioner Miller stated, "I would like to see it moved further back from the lake." Mr. Lockcuff asked, "The Plant?" Commissioner Miller responded, "Yes" and then suggested they might be buried in the ground. Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 10, 2006 PAGE II OF 38 "MOVE TO APPROVE." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. "I WOULD LIKE TO MAKE A SUBSTITUTE MOTION TO DIRECT STAFF TO BRING US BACK A DRAWING WITH ALTERNATIVES FOR DISPLACEMENT OF THE ORIGINAL PLANNED USES OF THE WINCEY PROPERTY, AND TO PROVIDE FOR A PERMANENT LOCATION FOR THE DOG P ARK." SUBSTITUTE MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. MAYOR BUSH SUGGESTED, "I SUPPOSE IN THERE YOU SHOULD INCLUDE THE FUNDS..." DEPUTY MAYOR BLAKE SAID, "...TWO THOUSAND DOLLARS ($2,000.00)." VOTE: (ON THE SUBSTITUTE MOTION) COMMISSIONER KREBS: NAY COMMISSIONER GILMORE: AYE DEPUTYMAYORBLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: NAY MOTION CARRIED. Mayor Bush called a Recess at 9:20 p.m. Mayor Bush called the Meeting back to Order at 9:37 p.m. REGULAR 302. Public Works Department Presenting The City Commission With Information And Recommendations Regarding The Proposed Countywide Mosquito Control Program. Mr. Fields spoke on this Agenda Item. Discussion. Funding issues were then discussed, to which Deputy Mayor Blake asked, "Has the County said they are going to pay for this?" Mr. Fields responded, "Yes. I clarify that - they said that the County Commission actually took action to agree to pay for it, out of the General Fund during the implementation period." Deputy Mayor Blake then inquired, "Which is how long?" Mr. Fields replied, "The three (3) year start-up." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 10, 2006 PAGE 12 OF 38 City Manager Ronald W. McLemore noted, "My communication with Mr. Fisher, but in a very general sense, not in a very specific sense, was communicated to me that his reading ofthe Commission was - it was their intent to do this with the General Fund." Furthermore, Manager McLemore commented that, "I raised the question with them, was there a possibility to be facing - MSTU (Municipal Services Taxing Units) down the road, and the answer was to the best of his understanding, at that point in time, they intended to do this with their own funds." Deputy Mayor Blake asked, "And you got a response from a letter on that?" Manager McLemore said, "No, not from the letter." Deputy Mayor Blake then asked, "What was the content of the letter?" With additional discussion, Deputy Mayor Blake asked, "We're going to get a copy of that letter? 1 have just heard about it, but haven't seen it." Manager McLemore remarked, "Yes." Furthermore, Deputy Mayor Blake remarked, "Especially with something like that, 1 would like to see a copy of it." Discussion. Tape 3/Side B Further discussion. "BECAUSE THE RECOMMENDATIONS SEEM TO MIRROR EXACTLY WHAT WE HAVE ALREADY DONE, IN THE ITEM THE RECOMMENDATIONS THAT YOU ARE ASKING US TO APPROVE, STAFF RECOMMENDATIONS, FOUR (4) ITEMS, I DON'T SEE ANYTHING IN HERE THAT WE HA VEN'T ALREADY ADDRESSED. IS THERE SOMETHING HERE THAT IS DIFFERENT THAT I AM MISSING? THEN I MOVE THAT WE APPROVE IT." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER KREBS. DISCUSSION. COMMISSIONER MILLER SAID TO MR. FIELDS, "SO WE WILL MAINTAIN OUR EQUIPMENT AND OUR CAPABILITY FOR THREE (3) YEARS?" MR. FIELDS STATED, "OR LONGER." COMMISSIONER MILLER ASKED, "WHY DID LAKE MARY NOT GO ALONG WITH IT?" WITH FURTHER DISCUSSION ON WHAT OTHER CITIES HAVE DONE, COMMISSIONER MILLER SAID, "I WILL FIND OUT WHAT HAPPENED TO LAKE MARY, BUT OTHER THAN THAT, I WILL GO ALONG WITH IT; JUST AS LONG AS WE DON'T GIVE UP OUR OWN CAP ABILITY." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 10, 2006 PAGE 13 OF 38 VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. REGULAR 303. Office Of The City Manager Requesting Clarification From The City Commission In Regards To City Funding For The Proposed Winter Springs Chamber Of Commerce And To Authorize A Supplemental Appropriation In The Appropriate Amount. Mayor Bush began the discussion on this Agenda Item and stated that at a meeting of this Task Force, "I made the comment that they should come and ask the - City Commission would - send out a letter of support for the Chamber - in whatever direction they choose to go, and that we would enclose their questionnaire which was to return to their post office box." Manager 'McLemore spoke for the Record and stated, "As long as we don't start transferring money to another party, we don't have a problem with it." Mr. Rick Brown, 211 Nandina Terrace, Winter Springs, Florida: agreed with what Mayor Bush had just said regarding the City's offer. Discussion. "I MOVE THAT WE SPEND UP TO FIVE THOUSAND DOLLARS ($5,000.00), OR NOT TO EXCEED FIVE THOUSAND DOLLARS ($5,000.00) TO DO - THE INITIAL MAILING REGARDING DEVELOPMENT OF THE CHAMBER OF COMMERCE." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 10, 2006 PAGE 14 OF 38 REGULAR 304. Office Of The City Clerk Requesting The City Commission Consider Remaining Funds In Line Code 1100- 54800 (Promotional Expense) And Payment For An Outstanding Invoice. With discussion on the State of the City Address, Commissioner Sally McGinnis said, "We should each have a copy - and take it everywhere we go." Mayor Bush added, "The City does have a copy." Manager McLemore noted, "When we do these authorizing things, we need a specific amount of money appropriated to them." Furthermore, Manager McLemore remarked, "For these additional expenses, you just need to look at it in terms, how you want to deal with it - do you want to do a Supplemental Appropriation, do you want to curtail spending somewhere else?" Manager McLemore further stated, "We need to be very careful in the future and I will be very careful to make sure to help you out with that, to make sure that when we do these extra things, that we specify a certain appropriation for it. " "I WOULD MOVE THAT WE APPROVE 'D. 1. - D. 2'." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: DEPUTY MAYOR BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. REGULAR 305. Not Used REGULAR 306. Community Development Department - Office Of The City Arborist Recommends The City Commission Consider The Request Of Cindy Pavony Of 318 Dornoch Court To Remove (1) Specimen Tree Located On The Resident's Private Lot. "MOVE TO APPROVE." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 10, 2006 PAGE 15 OF 38 VOTE: COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER KREBS: AYE COMMISSIONER MILLER: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. REGULAR 307. Community Development Department Requests The City Commission Approve The Proposed Preliminary Subdivision/Engineering Plans For Villa Grande. Mr. Randy Stevenson, ASLA, Director, Community Development Department spoke on this Agenda Item, Discussion. Mr. Stevenson stated, "There will be a Development Agreement with this project that will have to coincidingly be approved with the Final Engineering." Commissioner Donald A. Gilmore said to Mr. Stevenson, "Nothing has changed in parking, from when we met the last time on this?" Mr. Stevenson stated, "I don't believe it has." Mr. Fields briefly mentioned safety issues. Much discussion. "MOTION TO APPROVE" PRELIMINARY. MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER MILLER. DISCUSSION. ATTORNEY GARGANESE NOTED, "THE PLANS SAY FINAL ENGINEERING, AND I KNOW YOU ARE SAYING THEY'RE PRELIMINARY..." MR. STEVENSON REMARKED, "...WE BROUGHT IT FORWARD, THEY PROVIDED THE TITLE, BUT WE BROUGHT IT FORWARD AS PRELIMINARY, BECAUSE OF THE LACK OF THE DEVELOPMENT AGREEMENT." MAYOR BUSH ADDED, "THE MOTION WOULD BE..." COMMISSIONER McGINNIS NOTED, "...PRELIMINARY." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 10,2006 PAGE 16 OF 38 FURTHERMORE, ATTORNEY GARGANESE STATED, "THE PLANS SAY FINAL ENGINEERING, SO JUST FOR THE RECORD, I DON'T WANT IT TO BE CONFUSED AS FINAL ENGINEERING PLANS." COMMISSIONER GILMORE NOTED, "I HAVE SERIOUS CONCERNS ABOUT THE PARKING IN HERE. I HA VE HAD IT THE LAST TIME. IT IS CROWDED IN THERE, UNDER - THE BUILDING PARKING WHERE YOU HAVE HEAD TO HEAD PARKING, I CAN SEE DIFFICULTY IN THAT. I JUST PERSONALLY THINK IT IS JUST ENTIRELY TOO DENSE. I FELT THAT THE LAST TIME, AND THESE DRAWINGS HAVE NOT COME BACK WITH ANY BETTER COMFORT FEELING FOR ME." VOTE: COMMISSIONER GILMORE: NAY DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE (COMMISSIONER KREBS SAID TO MR. STEVENSON, "IN THE FUTURE, MAYBE THERE IS A WAY THAT YOU CAN ALSO LOOK AT THE REPLACEMENT TREES OR WHOEVER IS IN CHARGE AND REALL Y CONSIDER LOOKING INTO WHAT WE ARE REPLACING AS TO WHAT WE ARE TAKING AWAY.") COMMISSIONER McGINNIS: AYE MOTION CARRIED. REGULAR 308. Community Development Department Requests The City Commission Review The Proposed Preliminary Subdivision/Engineering Plans for Lake Jesup Shores. Mr. John Baker, AICP, Senior Planner, Community Development Department introduced this Agenda Item. Tape 4/Side A Comments by Mr. Baker continued. Discussion CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 10, 2006 PAGE 17 OF 38 "MOTION TO EXTEND." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER GILMORE. DISCUSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE MOTION CARRIED. Further discussion. Mr. Tom McCarthy, Vice President, Land Development, Ryland Homes, 4700 Milennia Boulevard, Suite 400, Orlando, Florida: addressed the City Commission and first commented that "Flex space is a den, a bedroom, a home office space on the first floor - and these are three (3) story townhouses." Furthermore, Mr. McCarthy noted, "It is - part of a twenty-seven, thirty (27, 30) acre site that was divided through by the old [State Road] 434 and now the new [State Road] 434 is through it, so it is this triangular or crescent shaped tract of land." These are our units that we plan to do on this site. There are four (4) units here, differentiated by color for this particular drawing. Stucco and hardie board planking, metal roofs over the porches on the front. They share a front porch. There is a stone treatment along the base of the units all the way around." There's projections in the building, that they pop out in locations. The rear elevations of the buildings are such that the garage is down below. There's a door here that you cannot see in this plan - when I get - floor plan, you'll be able to see it; a balcony and glass up above on the third floor. The side elevations, you get to see the projection of the front porch is here. The driveways - they are two (2) car garages in each unit. There's room outside the garage for parking two (2) cars outside of the alley which is twenty feet (20') in width which is by directional alley. In other jurisdictions, that's a road. I just want to pass that on to you because sometimes when we say alley, we're thinking there are places where around the Central Florida area where an alley is ten feet (10') wide - the serving townhouse product. So, all of the alleys that are shown in this plan are twenty feet (20') wide. This is our three (3) story floor plans. That's the garage. It's recessed in. And, one of the things when we were designing this, working with Dover, Kohl [& Partners], during the summer of last year, this is a compact footprint. Doing detached garages to break grade, makes the units bigger, they have a bigger footprint. This is approximately with the front porch on, about sixty-seven feet (67') in length. That's the garage, two (2) car garage, flex space; living area is on the second floor and then the bedrooms are on the third floor. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 10, 2006 PAGE 18 OF 38 One of the issues about trying to do this and trying to keep costs within the reasonable constraint on this site is also giving the City what it's looking for - the window placement on the first floor is in relationship to the sidewalks that are out here. This is the front steps up to the front porch and then we have an intermediate landing inside the building which lets you walk down to the flex space room and through the garage and then there is another set of stairs that would take you up to the second floor. The site plan is pretty unique. It is 8.7 acres. We've gone through and spent a lot oftime on it. There's actually twenty foot (20') of fall from that point to that point, across that side. You may not see it along [State Road] 434, but there is that much fall. Right through here, we sized the pond to take all of the development that's sitting on this part and what we're working with, essentially, is the constraint ofthree (3) streets surrounding the outside of this parcel. And that we've been sort of directed to direct our building product to the existing road network that's there in place. So, all our units on a perimeter face out to this road system that's in place. That stormwater detention pond is sized for that development. We've actually gone through enough engineering to get that to the right shape and size. We have the constraint of the - there. We have to do a lift station somewhere on the site. This end is higher than this end. There's approximately twelve feet (12') of fall across this site right now, the way it's being designed. We have - a retaining wall at this section here. The end - the pond and allow the building to start. We've done a little different than the Village Code requires or asked for. It's asking for placing these units right up against the curb. Or, at the zero (0) setback to the porch from the sidewalk. We've honored that in that location at eight feet (8'). This is fourteen feet (14') back from the right-of-way to the face of the building. The porch is still extending out eight feet (8'). Over here we are thirty-five feet (35'). We felt that not putting residential that close to [State Road] 434 right-of-way was not a good idea. So, we pulled that back and that's where the tree planting would go, and we hope to save some of the trees that are in that location. That is what you get when you take our minimal footprint townhouse and a fifteen foot (15') of driveway extended beyond the building which has already got a five foot (5') overhang and a twenty foot (20') alley. So, that red represents our boundary conditions that we have to honor to meet what everyone is looking for on this exterior exposure. That leaves the white section in there for the rest of the property. When you start doing this and you have the alley, some of these units naturally would fall that this alley would serve this townhouse, plus that townhouse. We've done the same thing over here. And, what we've done is created a Village Green here along with our pool and cabana facility in this location. So, all of these - this is the front of these units. All circle around this Village Green area. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 10, 2006 PAGE 19 OF 38 Previous drawings had us with just a pool and cabana and no screen wall here and really no parking in this location. And, one of the comments came back that we have a front/back issue. That the front of these units were looking into the garages of these. We addressed that in one iteration of the drawing. We actually put in a screen wall back in through here that breaks up this Village Green area. So, one of the comments of trying to get the street to the park area which is a desirable thing, also sets up the condition of the front to back looking into the garages of others. So, it's been a compromise going along trying to balance the site. That's what the park areas look like, what's left over. The Village Green in here. There's another small area here with the mail kiosk gazebos. We've also done in another island here what's left in white is the alleys that are - not been identified yet as either the reds or the - green. That is the only building that doesn't honor the front to back." Manager McLemore asked, "Which building?" Mr. McCarthy replied, "The blue. The one I just turned on. Which is right there. That's the alley servicing this building, this building, the front of that building overlooks this lower park area. It does sit up on top of a retaining wall. We've drawn a retaining wall into this drawing. We don't know exactly how tall they're going to be until we get down to the Final Engineering on it. But, we felt that we could not handle the two to three percent (2-3%) grade along these slopes. You take a look across the street here, you'd be hard pressed to find one percent (1%) to cross that entire length. And, that's more typical in a townhouse product than trying to match it with two to three percent (2-3%). Two to three percent (2-3%), just to give you an idea of what that is, on a four (4) unit building, that's two and three foot (2 and 3') difference from one end to another. Buildings are only a hundred feet (100') long. One of the comments from Dover, Kohl [& Partners] was gap areas in the end here. And, we have not supplied this to Staff. This is the first time you're seeing it also. What the- pocket parks would look like. These are the filler spots that we haven't gone through putting buildings on or other improvements on. Trying to give you a scale of this thing, this is old [State Road] 434 here and Central Winds Parkway is sitting here. This is really the land that's left over right there. Now, it looks like you could put another unit in there, but we think we have a little better solution for the treatment of that edge. This is the comer of [State Road] 434 and Central Winds Parkway which would be right there. The gazebo structures, sidewalk system tying in to the [State Road] 434 and Central Winds Parkway sidewalk system. This is the west end of the site again, one building sitting here and the next one here. This is another gapping that Dover, Kohl's [& Partners] is talking about. " CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 10,2006 PAGE 20 OF 38 Mr. McCarthy continued, "The Lift Station sits over here; we have to get our underground drainage and gravity sanitary to the Lift Station so we're putting it here at the edge. We took a stab at the Site Plan that was attached to the Agenda package tonight; and we've done a refinement and what - was suggested was sixty foot (60') right-of-way and unfortunately this one is not showing very well. But, that sixty foot (60') would be right through here. And, we have the unit sitting right on top. We wind up with some of these on that Site Plan, some of the units extended to the Stormwater Pond when we've taken the liberty of straightening that out because the Pond is probably at the right size. This - drawing drops the unit count down to about seventy-four (74). It doesn't show any retaining walls that may be necessary through there. We didn't - go much further. We stopped at this point - ran out oftime. We have green space here where the pool cabana was. The pool cabana would have to get moved down to here into that space which is - drawn in there. It's not the same concept as our Village Green plan. There's a thought that you can put more units here at some of these end conditions. What happens to us is that we still have to have twenty foot (20') of driveway wherever you try to get into a unit. So, we're trying to slide another unit in here - it doesn't get you too much. You could physically draw the unit, but you can't have someone driving a car into their garage. That cross street that we just talked about here, where would it come out? Which would give that one (1), two (2), three (3), four (4) buildings a street to situate the front door on, winds up coming out in this location here; and, this location here. Now, we struggled a little bit with the Village Code for ourselves. Usually these cross streets connect to something or drive you to something, or takes you to something. In this location here it's taking you to the park and here it's taking you to the softball fields and the stormwater ponds. It sort of doesn't leave a continuity - a path to travel. The only ones who use this thing are these - residents in here who use it to get to the alley to park their cars." Further discussion. Commissioner Gilmore inquired, "How many bedrooms do you have - are all these three (3) bedroom homes?" Mr. McCarthy said, "It's two (2) and three (3) bedrooms per unit, plus the flex space. So, you could have four (4) bedrooms." Commissioner Gilmore then asked, "Is that a typical floor plan of all the units then?" Mr. McCarthy replied, "Yes that would be typical - we may have some internal reconfigurations now too, so they wouldn't necessarily all be the same." Commissioner Gilmore added, "You have three (3) given bedrooms for sure?" Mr. McCarthy responded, "Right." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 10, 2006 PAGE 21 OF 38 Mr. Keith Bass, Division President, Ryland Homes, 4700 Milennia Boulevard, Orlando, Florida: stated, "The third floor would have two (2) options. This is the three (3) bedroom option; there would also be a two (2) bedroom option, so, those back two (2) bedrooms would become one (1). It's a dual master plan. So, those would be your options on level three (3). Level two (2) has a great room - that's kind of a living room, dining room plan. It would have a great room plan, but no bedrooms on that second floor. And, then the flex space. Although we think most people are going to finish it out like a family room or a play room, it would have the ability to add a bathroom down there, so technically it could be a bedroom. So, you could in theory have up to four (4), although I don't think that's really where we think the target market is. It's going to be more of a two (2) bedroom or three (3) bedroom." Discussion. Mr. McCarthy said, "We're showing six (6) in that configuration; and what would happen, we'd drop that four (4) unit building. That six (6) probably becomes a four (4) and gets pressed. We may wind up just going to a six (6) here. So, that four (4) would drop. That would go to six (6) and that probably goes to a six (6)." Deputy Mayor Blake said, "How are we handling the change in elevation area?" Mr. McCarthy said, "We don't know yet. We've had the same concerns that we may have to add some retaining wall systems in here and create breaks - we may have to take one of the units and actually split it or split the one end, one half higher than the other." Furthermore, Deputy Mayor Blake said, "You still don't avoid your situation on the ends that Victor [Dover] was worried about. There's no way to close that, outside of building a wall that goes around the comer." With further discussion, Mr. McCarthy said, "We're not there yet, for that. And that would be the condition here - we did pull this one back because of utility issues; and we've left some room here, just not to push things to the edge. The edge condition of pushing them right up against the right-of-way and the sidewalk is probably more important if there was something across the street to it. An off-setting street and here it's - all open space, park, and play fields." Tape 4/Side B Manager McLemore said, "I would agree with Commissioner Blake. If you could put those buildings, line those buildings - again here, you have a good second plan to look at. " With further discussion, Manager McLemore suggested, "Personally, rather than making you spend a hundred thousand dollars ($100,000.00) on the street, I would rather see the money put into the finishes on the building, to make the buildings more striking - stone, something that - makes the buildings - add value to the buildings; and admit that this is just a unique place." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 10, 2006 PAGE 22 OF 38 Additionally, Manager McLemore noted, "Can we put more money into the buildings..." Commissioner McGinnis remarked, " . . . I agree... " Manager McLemore continued, ".. . And make them a better quality; particularly on the finishes and all that and don't worry about the street." Discussion continued. Commissioner Miller asked, "Can you take care of all front and back issues if the blue building went away?" Mr. McCarthy said, "Yes, that is the only one." Commissioner Miller then asked, "Okay - and that would be green space - that would be great." Mr. McCarthy said, "There's sidewalk systems all throughout this that we didn't try to highlight. So, you don't get somewhere and you can't walk to the outside of the property or to the cabana pool area from every unit." "I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE THIS PRELIMINARY SITE PLAN WITH THE PROVISO THAT THEY TAKE UNDER SERIOUS CONSIDERATION THE ELIMINATION OF THE BLUE BUILDING, THE BLUE FACILITY THERE, AND ENHANCING SOME OF THE OTHER - FOR GREEN SPACE, ENHANCING SOME OF THE OTHER AREAS WHERE THERE MAY BE AN ISSUE - OF LOOKING AT THE BACK OF OTHER BUILDINGS." MOTION BY COMMISSIONER MILLER. MOTION DIED FOR LACK OF A SECOND. "I WOULD MOVE THAT WE APPROVE THE PRELIMINARY SUBDIVISION ENGINEERING PLANS - THE SECOND PLAN, ELIMINATING THE FOUR (4) UNITS. BUT, WITH THE UNDERSTANDING THAT THERE WOULD BE A SIGNIFICANT EFFORT MADE TO ENHANCE THE APPEARANCE OF THE BUILDINGS." MOTION BY COMMISSIONER McGINNIS. MANAGER McLEMORE STATED, "AND I WASN'T TALKING ABOUT - THOSE THINGS THAT WOULD ADD TO THE VALUE TO THE WAY IT LOOKS." COMMISSIONER McGINNIS NOTED, "UPGRADE THE APPEARANCE." COMMISSIONER MILLER STATED, "AND, IT WOULD BE TURNED INTO A PARK AREA..." COMMISSIONER McGINNIS STATED, "...YES." COMMISSIONER MILLER ADDED, "GREEN SPACE." MAYOR BUSH STATED, "SECONDED BY COMMISSIONER MILLER." DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTYMAYORBLAKE: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - ApRIL 10, 2006 PAGE 23 OF 38 REGULAR 309. Community Development Department Requests That The Commission Approve The Harbor Winds Final Subdivision Plat And Restrictive Covenants And Authorize Their Recordation, Subject To Conditions. Mr. Baker briefly spoke of this Agenda Item and stated, "Staff recommends Approval subject to the conditions in a., b., and c. One, that they provide adequate Easements, for example, across tracts B and J to the City; they remove the extraneous information, talking about Seminole County Development order, for example. They need to provide a Performance Bond or other legal instrument deemed appropriate by our City Attorney. They need to pay - for the review of the City Attorney - subject to the City Attorney's review ofthe Plat, the Restrictive Covenants, etcetera." Referencing page 10, Commissioner McGinnis asked, "At the top, it refers to 'Rentals - for a period less than seven (7) months shall be prohibited.' Okay. Then it says, 'Any change to this section - reducing the minimum rental period to less than six (6) months shall require the approval of the City.' Why would the City care?" Attorney Garganese said, "I'll take a look at that. I don't think that's really appropriate to put the City in that situation. " Discussion ensued on short-term rentals. "MOVE FOR APPROVAL." MAYOR BUSH STATED, "IT WAS MOTIONED- BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MILLER." DISCUSSION. COMMISSIONER McGINNIS STATED, "THIS IS TO APPROVE THEIR RESTRICTIVE COVENANTS AND AUTHORIZE THEIR RECORDATION, SUBJECT TO CONDITIONS. IS ONE OF THE CONDITIONS TO REMOVE Section 3.24.?" DEPUTY MAYOR BLAKE ADDED, "SUBJECT TO STAFF'S FINDING AND COMMENTS." COMMISSIONER McGINNIS ADDED, "ALRIGHT." VOTE: DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 10,2006 PAGE 24 OF 38 Regarding adding an additional Agenda Item, "310", Mayor Bush asked, "Is there any objection to adding this to the Agenda Commissioners?" Mayor Bush said, "No objections? Okay. It is on the Agenda. " .:..:. AGENDA NOTE: THE FOLLOWING "REGULAR" ADD-ON AGENDA ITEM WAS DISCUSSED NEXT FOLLOWED BY THE REST OF THE AGENDA, AS DOCUMENTED. .:. .:. REGULAR AGENDA REGULAR 310. Community Development Department ADDED-ON DURING MEETING Requests The City Commission Approve The Proposed Modification To The Pre- Annexation Agreement For Jesup's Reserve. Ms. Sahlstrom presented her opening remarks related to this Agenda Item. Manager McLemore stated, "The double rows of trees was the factor, in which we agreed to give up the frontage road? Now you're telling us we have to give it up?" Mr. Dave Schmitt, P.E., Vice President, Land Development of Central Florida, Levitt and Sons, LLC, 1479 Hartford Run Drive, Orlando, Florida: addressed the City Commission. Commissioner Miller stated, "Remind me to bring it up under my Seat, Mayor and that is our traffic poles - they have been put within two feet (2') of the roadway that are definitely a hazard to traffic." Manager McLemore asked, "How high are the step ups from the front - to the porch?" Mr. Schmitt said, "Two feet (2')." Furthermore, Manager McLemore said, "The reason there's no frontage road there right now was based on a negotiation that took probably six (6) hours if not less, over this issue over frontage road and - finally it was agreed. We dropped the frontage road, you would be required to put in the double rows of trees. And somewhere along the line, and I don't know where this happened, that's gone away." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 10, 2006 PAGE 25 OF 38 Mr. Schmitt stated, "I apologize. I again - the collection of different landscape plans but I never remember seeing one with the double row of canopy trees." Ms. Sahlstrom noted, "The graphic that was first approved with the Pre-Annexation Agreement showed trees- it showed a double row oftrees." Commissioner Miller said, "I think they need to fix it." Commissioner McGinnis stated, "I do too." Commissioner Krebs added, "Fix it." Commissioner Miller said, "I just want to point out to this Commission - we get these drawings that - look like this on day one (1). And then they do the form, fit, and function and they run out of space because there is only actually - there was only maybe two inches (2') along that thing right there so all those trees have to go away. And, we just have to live with it because all of this other stuff in here has already been done. And, the same thing on the front here. I keep coming across this where I think, 'That's what I want the City to look like', and every body has agreed to it. And, here we are two (2) years later and we're faced with a - it appears to be a 'Fait accompli' for this Commission. But, it's not for me. I think somebody's got to go out and talk to DOT (Department of Transportation) about getting that sliver of land and plant trees on that land, and if it is not us - then maybe they have to do it." Further discussion. Manager McLemore said, "What I would suggest is - I don't think there are any other issues in the document, other than this right? I would suggest that you approve everything subject to the Staff working with them, to see if we can come out with a solution on this. I would like to get with our people and just see if there is anything we can do. I am not convinced that we can't do something." Deputy Mayor Blake said, "In what document is it embodied that we give up the road and get the trees?" Attorney Garganese said, "It's in the Motion that was approved on August 8,2005." Attorney Garganese added, "These requirements approved on August 8, 2005 were supposed to be put into a Development Agreement and for whatever reason, that was not completed - we had a - draft before the Commission that night and the Amendments; we never got back from the Developer and I don't know if it's because the property changed hands or they changed Attorneys, but it didn't get done. So, the purpose of tonight's Agenda Item is to memorialize what was approved in August of 2005 and the additional requirements that are set forth in the Agenda Item. In other words, it should have been in writing, before tonight." Deputy Mayor Blake referenced the Pre-Annexation Agreement that was passed in September of 2004 and recorded in November of 2004, Deputy Mayor Blake noted, "Nowhere in this document do I see anything about requiring of trees." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 10,2006 PAGE 26 OF 38 Discussion. Manager McLemore said, "I would like - to be able to have another shot at the trees." With further discussion, Mr. Schmitt said, "I have no problem. We will work with you to get - if we can in a second row of trees, 1 don't think like Eloise [Sahlstrom] said, 'Oaks will work', but another type of canopy tree to get in there - the more trees for us the better. " Manager McLemore said, "I have no problem going ahead and if you will give me the authority to work with these people and see if we can come up with a suitable solution here with the trees." "I WILL MAKE A MOTION THAT WE APPROVE THE PRE-ANNEXATION AGREEMENT WITH THE STIPULATION IN IT - THE CITY MANAGER WILL CONTINUE TO WORK WITH THEM TO RESOLVE THE OUTSTANDING ISSUE OF TREES - YES IT IS A MODIFICATION AGREEMENT." MOTION BY COMMISSIONER McGINNIS. Tape 5/Side A DEPUTY MAYOR BLAKE ASKED, "IS SHE INCLUDING THE LANGUAGE OF THE..." COMMISSIONER McGINNIS ADDED, "...CITY MANAGER." MAYOR BUSH NOTED, "SECONDED BY COMMISSIONER BLAKE." DISCUSSION. MANAGER McLEMORE STATED, "I PROMISE YOU, WE WILL COME BACK WITH THIS." VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: NAY DEPUTY MAYOR BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE FOLLOWING ADD-ON REGULAR AGENDA ITEM WAS DISCUSSED NEXT, AS DOCUMENTED, FOLLOWED BY THE REST OF THE AGENDA. .:..:. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 10, 2006 PAGE 27 OF 38 REGULAR AGENDA REGULAR 311. Community Development Department ADD-ON Requests That The Commission Approve The Winter Springs Town Center Final Subdivision Plat (Re-Plat) For Capital Green And Authorize Its Recordation, Subject To Conditions. "MOTION TO APPROVE ADD-ON ITEM '311' - THE REPLAT FOR CAPITAL GREEN - SUBJECT TO THE CONDITIONS." MOTION BY COMMISSIONER McGINNIS. MR. BAKER STATED, "SUBJECT TO THE CONDITIONS SET FORTH IN THE FINDINGS." SECONDED BY DEPUTY MAYOR BLAKE. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. CONSENT AGENDA CONSENT 400. Community Development Department - Urban Beautification Services Division Requesting Authorization For Reimbursement Of The City Standard Base Monthly Rate For (6) Decorative Streetlights Located In Moss Cove Homeowner's Association (HOA), Located Along Kristi Ann Court. No discussion. CONSENT 401. Information Services Department Requests Supplemental Appropriations In The Total Amount Of $188,513.00 + $5,000.00 Contingency To Cover The Additional Costs Of Oracle Licensing For The Kiva Database. There was no discussion on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 10,2006 PAGE 28 OF 38 CONSENT 402. Utility Department Requesting Authorization To Expand Sewer Service For Three Duplexes In The City Of Oviedo. This Agenda Item was not discussed. CONSENT 403. Information Services Department Requests Authorization to Dispose Of Surplus Assets According To The Attached Disposition Sheets. Discussion. CONSENT 404. Parks And Recreation Department Requesting The City Commission To Authorize The City Manager To Execute The 2006 Summer Camp Use Agreement Between The City Of Winter Springs And The Christian Church Of Winter Springs Providing The City Of Winter Springs With An Appropriate Venue To Offer Its 2006 Summer Camp Program At The Church Facilities Upon The Terms And Condition Set Forth In The Proposed Agreement. No discussion. CONSENT 405. Parks and Recreation Department Requesting Authorization To Accept The Proposal From Coastal Equipment Systems To Purchase A John Deere 2653A Professional Utility Mower With A Supplemental Appropriation From Park Impact Fees. There was no discussion on this Agenda Item. CONSENT 406. Community Development Department - Urban Beautification Services Division Requesting Authorization To Enter Into A Contract Agreement For Landscape Maintenance Services To Be Performed At The Winter Springs Town Center Right- Of-Way Areas At A Cost Of $12,840.00. This Agenda Item was not discussed. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 10, 2006 PAGE 29 OF 38 CONSENT 407. Police Department Requesting Commission Approval For Expenditure Of Funds To Lease Purchase 6 Police Vehicles Approved In The Current Budget For The 3 Officers Hired In October 2005 And The 3 Officers Hired April 2006. Discussion ensued with Chief Kerr. CONSENT 408. Office Of The City Clerk Requesting Approval Of The March 27, 2006 Regular City Commission Meeting Minutes. Commissioner Miller stated, "I wanted to point out a Scrivener's error on '408' - I was actually here, and I am listed as absent." CONSENT 409. Office Of The Mayor Resolution Number 2006-21 - A Resolution Of The City Of Winter Springs, Florida, Expressing Appreciation To Moti Khemlani For His Service On The Tuscawilla Lighting And Beautification District Advisory Committee. There was not any discussion on this Agenda Item. "MOTION TO COMMISSIONER COMMISSIONER DISCUSSION. APPROVE" CONSENT AGENDA. MOTION BY MILLER. MAYOR BUSH STATED, "SECONDED BY McGINNIS - WITH THE CORRECTION NOTED." VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE DEPUTYMAYORBLAKE: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 10, 2006 PAGE 30 OF 38 INFORMA TIONAL INFORMATIONAL 500. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. No discussion. INFORMATIONAL 501. Fire Department Requests That The City Commission Review The City Of Winter Springs Employee Blood Drive Information To Be Held At The Winter Springs Branch Of Florida's Blood Centers, 268 East SR [State Road] 434. There was no discussion on this Agenda Item. INFORMATIONAL 502. Public Works Department Advising The City Commission With Updated Information On Property Appraisals. This Agenda Item was not discussed. INFORMATIONAL 503. Information Services Department Wishes To Furnish Information To Commission Regarding Questions Previously Raised About The Quality Of The Images On The City's LaserFiche Document Management System Via WebLink. No discussion. INFORMATIONAL 504. Parks And Recreation Department Informing The City Commission That Winter Springs Parks And Recreation Is Highlighted In The April 2006 Sports Field Management Publication. There was no discussion on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 10, 2006 PAGE 31 OF 38 "MOVE TO APPROVE" INFORMATIONAL AGENDA. MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. REPORTS REPORTS 600. Office Of The City Attorney - Anthony A. Garganese, Esquire Mayor Bush asked Attorney Garganese about the status of "Our lawsuit with the County - what is the best guess on when we are going to hear something?" Attorney Garganese noted, "Oral arguments are scheduled for next week, then we will hear something in the summertime." Brief comments were made on the Potchen Case. REPORTS 601. Office Of The City Manager - Ronald W. McLemore Manager McLemore passed out a Report on the Cellular Tower Study, and stated, "It should be coming back at the next Meeting, I believe." Next, Manager McLemore spoke of the Golf Course Report. Brief discussion. REPORTS 602. Office Of The City Clerk - Andrea Lorenzo-Luaces, CMC City Clerk Andrea Lorenzo- Luaces mentioned that the Advisory Board and Committee Appreciation Dinner is Friday, May 12,2006. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 10, 2006 PAGE 32 OF 38 As to the next Joint Meeting with Oviedo, and a new date, City Clerk Lorenzo-Luaces said, "So, everyone will let me know?" Mayor Bush said, "Yes - send a reminder out if they don't." REPORTS 603. Commission Seat One - Robert S. Miller Commissioner Miller mentioned a letter here from the Florida League of Cities dated April 17th from Florida League of Cities, related to House Bill 949 and Senate Bill 1608, to which Commissioner Miller stated, "1 would like to see us pursue this - 1 think the best thing that may be for us to pass a Resolution and have the Mayor send them a letter to both saying that we unanimously support this, regarding some Charter provisions." Commissioner McGinnis remarked, "1 would support that - that is good. Good idea." Furthermore, Commissioner Miller added, "The League is asking us to personally get in touch with our reps, so 1 will call mine, but 1 think it would help if we had one from the Mayor." Next, Commissioner Miller said, "1 wanted to compliment the City Manager too - after five (5) long years of looking at dumpsters on North Fairfax [Avenue], he was finally able to get rid of them." Regarding the "Junk yard," Commissioner Miller stated, "1 would like to invite the Mayor and the City Manager to go with me tomorrow, at some point and let us go take a walk around the Junk yard. We need to do something." Mayor Bush stated, "Eight o'clock in the morning?" Commissioner Miller added, "We can take Glenn [Tolleson] with us too." With discussion, Commissioner Miller again noted, "Eight o'clock in front of City Hall." Commissioner Miller remarked, "I would also like the City to talk to DOT (Department of Transportation) on this item that came up here this evening. I can't imagine what DOT (Department of Transportation) is going to do on that sliver of land." Commissioner Miller added, "I would like us to look into that - right across the street - we just talked about the double line of trees. " Furthermore, Commissioner Miller noted, "It might be another Resolution that we could pass that says we want them to urgently remove - get the Police Department to write up a couple of threatening letters that we really need to pay attention to this - that being, the light poles on Sheoah Boulevard and [State Road] 434, and there are a couple more of them as you come down this way. They are two feet (2? from the roadway; and they are - one foot (1? by one foot (1 ?" Commissioner Miller added, "So I think it might be something that we can use in negotiation, we will give up the telephone poles, and they give us this piece of property. " CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 10, 2006 PAGE 33 OF 38 Mayor Bush remarked, "[ would agree that it would be interesting to get DOT's (Department of Transportation's) perspective on why they do that. " Then, Mayor Bush asked, "Does the Commission then agree with Commission Miller to have Staff contact DOT (Department of Transportation) and get some answers on why they put street light poles next to the street and you can't plant a tree?" Commissioner McGinnis stated, "Yes." No objections were noted. COMMISSIONER MILLER STATED, "THERE IS A VACANCY ON THE - TLBDAC (TUSCA WILLA LIGHTING AND BEAUTIFICATION DISTRICT ADVISORY COMMITTEE) AND I WOULD LIKE TO MAKE A NOMINATION - TO FILL THE SLOT THAT IS EMPTY RIGHT NOW. MR. [MOTI] KHEMLANI IS NO LONGER ON THAT BOARD. I WOULD LIKE TO NOMINATE EDDIE MARTINEZ TO TAKE HIS PLACE." MOTION. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. REPORTS 604. Commission Seat Two/Deputy Mayor - Michael S. Blake Deputy Mayor Blake spoke to Manager McLemore about the new trash pick-up and the proposed automated service. Also on this same issue, Deputy Mayor Blake noted, "I have seen a major increase in debris being left behind, after they have been by." Deputy Mayor Blake noted, "I don't want them fined, I just want it picked up." Next, Deputy Mayor Blake commented on the City's Charter, specifically Charter Officers, and noted that "The majority doesn't rule." Deputy Mayor Blake added, "If somebody doesn't have the majority's support, they shouldn't be here anyway." "I WOULD LIKE TO MAKE A MOTION THAT WE DIRECT STAFF - ACTUALLY THE CITY ATTORNEY, DRAFT THE LANGUAGE FOR THOSE THREE QUESTIONS WHICH AGAIN IS NOTHING BUT A NUMBER CHANGE FROM FOUR (4) TO THREE (3), AND BRING IT BACK TO US - FOR US TO DECIDE TO PRESENT THAT QUESTION, OR QUESTIONS, TO THE VOTERS IN THE NOVEMBER ELECTION." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER KREBS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 10,2006 PAGE 34 OF 38 Discussion. VOTE: DEPUTY MAYOR BLAKE: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: NAY COMMISSIONER MILLER: NAY COMMISSIONER McGINNIS: NAY MOTION DID NOT CARRY. Further discussion. Tape 5/Side B With additional discussion, Manager McLemore stated, "If there are Directives laying out there we haven't followed through on, for some time, 1 would like to know what they are and go back and redouble our effort to get those done." Furthermore, Manager McLemore added, "I am sorry you're disappointed, 1 really am - 1 am really sorry you're disappointed, but - 1 would like to sit down with you and know what your issues are and re-double my effort to deal with those." REPORTS 605. Commission Seat Three - Donald A. Gilmore Commissioner Gilmore, "Do we know when we are going to get a Report back from the State on the V-Turn situation on [State Road] 434?" Manager McLemore said, "Sixty, Ninety (60, 90) days as 1 recall." Mr. Lockcuff added, "Any day." Commissioner Gilmore commented on the number of children that are living in our town homes? Discussion. Manager McLemore mentioned a recent Florida Trend article on demographics and stated, "I have in fact noted it to make copies for you." REPORTS 606. Commission Seat Four - Sally McGinnis Commissioner McGinnis suggested that, "When our Legislative Session in Tallahassee ends, we invite our Elected representatives, our Senator and our two (2) Representatives to come to a Commission Meeting, answer any questions we might have; explain to us the major Bills that affect us - we have never done that - we have never really held them accountable for their actions in Tallahassee." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 10, 2006 PAGE 35 OF 38 Next, Commissioner McGinnis suggested, "We have a problem with our water bills and I am just really tired of it. The ones we hear about, they are terrible stories, and along with that is the way that they are being treated. We really need to have some customer service training for our Staff." Mayor Bush asked, "Is anybody else getting complaints about their water bills, but me?" Deputy Mayor Blake remarked, "Just me." Commissioner Krebs noted, "No, but I agree with the customer service suggestion." Commissioner Gilmore stated, "I have had calls. " Commissioner McGinnis added, "The calls we get are big - they are not just little problems. There is a problem somewhere with our water bills going out, and I am talking about computing likefour andfive hundred dollars ($400.00 and $500.00) - but then the other issue is that this goes on for sometimes, weeks and months before it gets resolved and that shouldn't happen." Commissioner McGinnis added, "It would be very supportive for Staff, I think they would appreciate it - having some kind of customer service relationship training. " Manager McLemore stated, "I certainly support that. I want to let you know that we actually have been talking with the Orlando Utilities to come and do a like a peer review of our system. That's being set up right now. I don't have a final okay, so I haven't said anything to you. " Commissioner McGinnis then said, "I want this customer service training beyond the water - I think this is applicable to everybody out in the front. I know Seminole Community College, I believe we could go through them. It is not a real expensive deal." Manager McLemore remarked, "Sure." Regarding a Consensus, Mayor Bush asked, "Are we in agreement with Commissioner McGinnis's recommendation?" Commissioner Krebs said, "There is always roomfor improvement, so I am in agreement." Commissioner Miller stated, "Sure, Why not." Deputy Mayor Blake mentioned funding concerns, to which Commissioner McGinnis stated, "We are asking him to come back - to us with - I think it is important enough that he comes back. " Mayor Bush said to Commissioner McGinnis, "Why don i you get together with Mr. McLemore and put together an Agenda Item for our next Commission Meeting." Commissioner McGinnis stated, "Alright." Commissioner McGinnis commented that, "I have also brought up over the years, having someone from the State Housing - Workforce Housing Department come. Well, we don't need to do that because there is a big full day conference on Workforce Housing in - Orange County at the Convention Center. It will be very comprehensive. It will cost us nothing. I urge you all to go if you can." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 10, 2006 PAGE 36 OF 38 Mayor Bush said to City Clerk Lorenzo-Luaces, "Would you send an email to all the Commissioners letting them know what date that is, times, how to register, etcetera?" City Clerk Lorenzo-Luaces responded, "Sure." Next, Commissioner McGinnis asked, "What are we doing about the road cuts - on [State Road] 4347" Commissioner McGinnis added, "We really have got to keep on that." Lastly, Commissioner McGinnis further commented on townhomes in Florida. REPORTS 607. Commission Seat Five - Joanne M. Krebs Commissioner Krebs mentioned her concern with late Agenda ADD-ON's and when Agenda Item Packets are due to the Commission. Commissioner Krebs added, "Back in some of this material, if packets weren't ready by a certain time - they were going to have to wait for the next week. But we don't seem to be going by that - I think we need to get back to that." Deputy Mayor Blake said, "The Commission's directive was packets would be ready by the end of the business day on Wednesday, prior to the Meeting, but in any case, not later than five o'clock on Wednesday." Commissioner Krebs added, "I think we need to improve there." Next, referencing the upcoming Advisory Board and Committee Appreciation Dinner, Commissioner Krebs said to City Clerk Lorenzo-Luaces, "Those invitations look great." Regarding the Golf Course contract, Commissioner Krebs asked, "What I want to know is how do we promote that Golf Course?" Commissioner Krebs spoke of Manager McLemore's comment that he was retiring in four (4) years and said, "What do we do?" Commissioner Krebs then said, "And I guess the Contract is up, so what do we do - just negotiate for four (4) years?" Manager McLemore stated, "Do whatever you'd like." The next issue briefly brought up by Commissioner Krebs involved WMFE's Panel discussion and when they were all attending. Commissioner Krebs then asked about the light above her, and stated, "Can anything be done about that?" CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL IO, 2006 PAGE 37 OF 38 Next, Commissioner Krebs spoke of the Sterling Conference and stated, "I personally think that would be a great Conference for our City Clerk to go to." With discussion, Commissioner Krebs said to City Clerk Lorenzo-Luaces, "Would you look at this and see whether you think you could benefit from this and let us know, if there are some things in here that - you really would feel to be applicable, and you would really use?" City Clerk Lorenzo-Luaces agreed to this. REPORTS 608. Office Of The Mayor - John F. Bush Mayor Bush mentioned a Leadership Seminole class project related to the City contributing to the Seminole Children's Village. "I MOVE THAT WE SUPPORT FIVE THOUSAND DOLLARS ($5,000.00) - OUT OF THE GENERAL FUND TO SUPPORT THE CHILDREN'S - VILLAGE AP ARTMENTS." MOTION BY COMMISSIONER McGINNIS. SECONDED. DISCUSSION. Commissioner Miller suggested a Policy for similar requests for charitable contributions. Tape 6/Side A VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER MILLER: NAY DEPUTY MAYOR BLAKE: NAY COMMISSIONER GILMORE: NAY MOTION DID NOT CARRY. Mayor Bush asked Manager McLemore, "Where are we on the Annexation of State Road 419 - the Study?" Manager McLemore said, "Hopefully by the next Commission Meeting." Mayor Bush said he had spoken to Chief Kerr about the "i-SAFE" program in Oviedo and asked, "Is this something our Department would want to get involved in or not? I will just give this to you." Mayor Bush asked about the status of the City's new Telephone Operator. Brief discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 10,2006 PAGE 38 OF 38 Lastly, Mayor Bush spoke to Manager McLemore about the status of the "Town Center maintenance" and stated, "I know you and Anthony [Garganese] were going to see if that was something..." Manager McLemore remarked, ".. .Not really." Mayor Bush then said, "Why don't we put this - make an Agenda Item out of it so the Commission will know what we are talking about." ADJOURNMENT Mayor Bush adjourned the Regular Meeting at I :56 a.m. RESPECTFULLY SUBMITTED: DEBBIE FRANKLIN, DEPUTY CITY CLERK ..'~." / .,",.-"'''' '--"'---:;-,.. ,'~' // A LORENZO-LUACES, CMC LERK APPROVED: W4r '-;2 ~ J F. BUSH MAYOR NOTE: These Minutes were approved at the April 24, 2006 Regular City Commission Meeting,