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HomeMy WebLinkAbout_2007 05 30 City Commission Special Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING MAY 30, 2007 CALL TO ORDER The Special Meeting of Wednesday, May 30, 2007 of the City Commission was called to Order by Mayor John F. Bush at 6:16 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 Sally McGinnis, present Commissioner Robert S. Miller, present Commissioner Rick Brown, present Commissioner Donald A. Gilmore, present Commissioner Joanne M. Krebs, present City Manager Ronald W. McLemore, arrived at 6:17 City Attorney Anthony A. Garganese, arrived at 6: 17 A moment of silence preceded the Pledge of Allegiance. Mayor Bush opened "Public Input". No one addressed the City Commission Mayor Bush closed "Public Input". City Manager Ronald W McLemore arrived at 6: 17 City Attorney Anthony A. Garganese arrived at 6: 17 CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - MAY 30, 2007 (CONTINUATION FROM THE MAY 29, 2007 SPECIAL MEETING) PAGE 2 OF 23 PUBLIC HEARING AGENDA- PREVIOUSLY LISTED ON THE MAY 29, 2007 SPECIAL MEETING AGENDA PUBLIC HEARINGS 503. Community Development Department - Planning Division Requests That The Local Planning Agency Hold A Public Hearing For Ordinance Number 2007-09, A Small Scale Comprehensive Plan Amendment, To Change The Future Land Use Map Designation Of One (1) Parcel Containing 4.32 Acres, More Or Less, Located On The West Side Of DeLeon Street At 1740 DeLeon Street From (Seminole County) "Rural-3" (1 Dwelling Unit Per 3 Acres) To (Winter Springs) "Rural Residential" (Minimum 1 Acre) With "Conservation Overlay" On Those Affected Areas. Mayor Bush stated, "Can we have a Motion to read by 'Title' only?" "SO MOVED." MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR McGINNIS. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN : AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" only. Ms. Eloise Sahlstrom, ASLA, AICP, Senior Planner, Community Development Department addressed the City Commission and said, "Staff has reviewed the Criteria and the [City] Code and the Comp[prehensive] Plan, and believes that this is compatible and asks you to move it to Second Reading - this is a Small Scale Amendment, it is less than ten (10) acres, so it does not get Transmitted to the State; and if you move it to Second Reading, Second Reading would occur June 25th [2007]. That would be Second Reading and Adoption." Discussion. Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - MAY 30, 2007 (CONTINUATION FROM THE MAY 29, 2007 SPECIAL MEETING) PAGE 3 OF 23 "MOVE FOR APPROVAL OF ORDINANCE NUMBER 2007-09 TO SECOND READING." MAYOR BUSH STATED, "MOTION BY COMMISSIONER GILMORE." SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE MOTION CARRIED. PUBLIC HEARINGS 504. Community Development Department - Planning Division Requests That The Planning And Zoning Board/Local Planning Agency Hold A Public Hearing For Ordinance Number 2007-15, Which Rezones A Parcel Containing 4.32 Acres, More Or Less, Located On The West Side Of DeLeon Street At 1740 DeLeon Street From "A-3" Agricultural (Seminole County) To "R-C1" (City Of Winter Springs) Single Family Dwelling District" (Minimum Lot Size - 1 Acre). Mayor Bush stated, "Can we have a Motion to read by 'Title' only?" "SO MOVED." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN : AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" only and said, "It has a 'Conditional' Effective Date. This Ordinance would be effective once Ordinance [Number] 2007-09 becomes effective." Ms. Sahlstrom stated, "Same property - Cynthia Rook's property." Furthermore, Ms. Sahlstrom remarked, "We reviewed the Criteria and the [City] Code that is required relating to Rezoning analysis and we believe that it does meet these requirements." Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - MAY 30, 2007 (CONTINUATION FROM THE MAY 29, 2007 SPECIAL MEETING) PAGE 4 OF 23 Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. "MOTION TO MOVE TO SECOND READING." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN : AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. PUBLIC HEARINGS 505. Community Development Department - Planning Division Requests That The Local Planning Agency Hold A Public Hearing For Ordinance Number 2007-10, A Small Scale Comprehensive Plan Amendment, Which Changes The Future Land Use Map Designation Of One (1) Parcel Containing 1.6 Acres, More Or Less, Located Immediately West Of DeLeon Street At 201 Cress Run From (Seminole County) "Rural-3" (1 Dwelling Unit Per 3 Acres) To (Winter Springs) "Rural Residential" (Up To 1 Unit Per Gross Acre) With "Conservation Overlay" (On Those Affected Areas). Mayor Bush stated, "Can we have a Motion to read by 'Title' only?" "MOTION TO READ BY 'TITLE' ONLY." MOTION BY COMMISSIONER KREBS. SECONDED BY DEPUTY MAYOR McGINNIS. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN : AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" only. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - MAY 30, 2007 (CONTINUA nON FROM THE MAY 29, 2007 SPECIAL MEETING) PAGE 5 OF 23 Ms. Sahlstrom said, "The Applicant has been notified that the City is initiating this change of Land Use." Discussion. Mayor Bush opened the "Public Input" portion of the Agenda Item. Ms. Margaret A. Wharton, P.A., Esquire, 456 South Central Avenue, Oviedo, Florida: addressed the City Commission on this Agenda Item. Attorney Garganese spoke for the Record about separate ownership. Mayor Bush closed the "Public Input" portion of the Agenda Item. Discussion. "MOTION TO MOVE TO SECOND READING." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER BROWN : AYE DEPUTY MAYOR McGINNIS: NAY COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. PUBLIC HEARINGS 506. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For 1st Reading Of Ordinance Number 2007-16, Which Rezones 1.6 Acres, More Or Less, Located Immediately West Of DeLeon Street At 201 Cress Run From (Seminole County) "A- 3" Agricultural To (City Of Winter Springs) "R-C1" Single Family Dwelling District" (Minimum Lot Size -1 Acre). Mayor Bush stated, "Can we have a Motion to read by 'Title' only?" "MOTION TO READ BY 'TITLE'." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - MAY 30, 2007 (CONTINUATION FROM THE MAY 29,2007 SPECIAL MEETING) PAGE 6 OF 23 VOTE: DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" only and stated, "Section 5. provides for Conditional 'Effective Date.' This Ordinance would only become effective upon Ordinance 2007-10 becoming effective. That is the Small Scale Comprehensive Plan Amendment proposal that you passed on First Reading to designate this property 'Rural Residential' and this Zoning District category is consistent with that proposed Future Lane Use Map designation." Ms. Sahlstrom said, "In consideration - analyzing the requirements of the [City] Code, Staff determined that the fourteen (14) review standards included in Section 20-31. were satisfied." Ms. Sahlstrom then stated, "Staff does recommend Approval of this for First Reading and moving it to Second Reading and Second Reading is anticipated, if it is moved forward, to go forward for June 25th, [2007]." Mayor Bush opened the "Public Input" portion of the Agenda Item. Ms. Margaret A. Wharton, P.A., Esquire, 456 South Central Avenue, Oviedo, Florida: spoke regarding this property Site. Discussion. Mayor Bush closed the "Public Input" portion of the Agenda Item. "I WILL MAKE A MOTION WE MOVE TO SECOND READING." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: NAY COMMISSIONER KREBS: AYE COMMISSIONER BROWN : AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - MAY 30, 2007 (CONTINUATION FROM THE MAY 29, 2007 SPECIAL MEETING) PAGE 7 OF 23 PUBLIC HEARINGS 508. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For First Reading On Ordinance Number 2007-05 Which Rezones 8.8 Acres (More Or Less), Located On The North Side Of SR (State Road) 434 East Of The Entrance To Barrington Estates And 600' (Six Hundred Feet) West Of DeLeon Street, From (Seminole County) "A-3" Agricultural To (Winter Springs) "C-l Neighborhood Commercial". Mayor Bush stated, "Can we have a Motion to read by 'Title' only?" "MOTION TO READ BY 'TITLE'." MOTION BY COMMISSIONER KREBS. SECONDED BY DEPUTY MAYOR McGINNIS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN : AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" and commented that "Section 5., Conditional 'Effective Date.' becomes effective when Ordinance 2007-04 becomes effective. " Ms. Sahlstrom introduced this Agenda Item for discussion and said, "This Zoning is appropriate for that Future Land Use category." Ms. Sahlstrom added, "If you do move this forward, it will come back on June 25th, [2007] for a Second Reading and potential Adoption." 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. "THERE WAS A GENTLEMAN HERE LAST NIGHT WHO - SPOKE TO THIS ISSUE - MOTION TO MOVE TO SECOND READING." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - MAY 30, 2007 (CONTINUATION FROM THE MAY 29, 2007 SPECIAL MEETING) PAGE 8 OF 23 VOTE: COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. PUBLIC HEARINGS 512. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For The Aesthetic Review For A 30,000 S.F. (Square Foot) 2-Story Inwood Office Building On 3.86 Acres Within The Oviedo Marketplace DRI Parcel 14. This Is Phase I Of A 2-Phase 45,000 S.F. (Square Foot) Building. Mr. John Baker, A1CP, Senior Planner, Community Development Department addressed the City Commission and stated, "We have gone through the Aesthetic Review Criteria. We believe it meets all ofthose." Commissioner Joanne M. Krebs asked if this was a 'green' design. Mr. Baker responded, "I don't know. We'd have to get the Architect to address that." Discussion. Mr. Baker said, "There is a slight discrepancy here in the recommendation - there is no shed out there. Weare recommending Approval for the building and then a separate Approval would be required for the sign and any Phase II." 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 MOVE TO APPROVE THE AESTHETIC REVIEW FOR THE OVIEDO MARKETPLACE." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN : AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - MAY 30, 2007 (CONTINUATION FROM THE MAY 29, 2007 SPECIAL MEETING) PAGE 9 OF 23 REGULAR AGENDA - PREVIOUSLY LISTED ON THE MAY 29, 2007 SPECIAL MEETING AGENDA REGULAR 601. Parks And Recreation Department Requesting That The City Commission Review Its Policy Regarding Special Events And Vendors And Make Any Changes They Deem Necessary. Commissioner Rick Brown said, "After a conversation with the City Attorney earlier today, I am going to be excusing myself from Voting on the portion of this that has to do with the Town Center. With our current Holdings in the Town Center, it puts us above the threshold for the class, which makes it inappropriate for me to Vote." Mr. Chuck Pula, Director, Parks and Recreation Department addressed the City Commission on this Agenda Item. Discussion. Deputy Mayor Sally McGinnis asked, "So, could we ever discuss a User Fee?" Mr. Pula said, "Sure." Tape I/Side B Further discussion. Mayor Bush stated, "It says the Parks and Recreation Department recommend the approval of the Parks and Recreation Special Event Vendor Policy with any changes they deem necessary, so do you want to put it into a Motion?" "I WILL MOVE THAT THE CHANGE WE WOULD MAKE WOULD BE - THAT WE WOULD INCLUDE - ALL CITY BUSINESSES WOULD BE INVITED TO PARTICIPATE ON AN EQUAL BASIS AT CITY SPONSORED EVENTS." MAYOR BUSH SAID, "CITY BUSINESSES." DEPUTY MAYOR McGINNIS SAID, "RIGHT." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. ATTORNEY GARGANESE SAID, "I RECOMMEND THAT WE BRING IT BACK TO YOU IN THE FORM OF A RESOLUTION." DEPUTY MAYOR McGINNIS REMARKED, "OKAY." MAYOR BUSH SAID, "DO YOU WANT TO MODIFY THAT TO MAKE IT A RESOLUTION?" CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - MAY 30, 2007 (CONTINUATION FROM THE MAY 29, 2007 SPECIAL MEETING) PAGE 10 OF 23 ATTORNEY GARGANESE SAID, "I WOULD COME BACK, DRAFT A RESOLUTION AND YOU CAN APPROVE IT AT THE NEXT MEETING." "SO MOVED." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. MAYOR BUSH NOTED, "SO THE MOTION IS - THIS IS CITY EVENTS AT THE TOWN CENTER..." DEPUTY MAYOR McGINNIS NOTED, "...THAT IS WHAT THIS IS ABOUT." MAYOR BUSH NOTED, "THAT IS THE MOTION." MAYOR BUSH THEN SAID, "WE WILL HAVE TO DO ANOTHER RESOLUTION FOR THE REST OF THE CITY." VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: ABSTAINED COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE MOTION CARRIED. With further discussion on Special Events, Commissioner Brown said, "Can we give exclusives?" Attorney Garganese said, "You are not compensated by the Rotary, you are a volunteer. Correct?" Attorney Garganese then said, "I think the issue boils down to, and 1 can research it further, but my recollection - whether or not you are compensated by the entity that stands to benefit from the action." Further discussion ensued on the Rotary organization. Mr. Pula said, "We execute a legal contract with them that you all have approved and again, the Rotary is a part of that Contract." Attorney Garganese said, "Which contract?" Mr. Pula said, "The Radio Station Contract." Attorney Garganese said, "Okay, then that's fine. Then 1 don't have a problem with that." With additional comments, Attorney Garganese said, "They are providing a service. They are there and they help out - the organization of the event and as part, they don't charge the City a fee for that, but they do have a right to sell certain items to recover some of their costs. So, they are really providing like a Municipal Service to the City and their compensation is in their - exclusive." Commissioner Krebs said, "We should put that in the Resolution when we do it. Right?" Attorney Garganese then said, "I think the Policy would be more like the City make a Contract for certain services and provide for certain benefits." Attorney Garganese added, "That's a Policy and we've already done it." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - MAY 30, 2007 (CONTINUA nON FROM THE MAY 29, 2007 SPECIAL MEETING) PAGE 11 OF 23 Discussion. Mayor Bush asked, "Anthony (Garganese), can you recommend how this Resolution would be worded, so we are covered?" Attorney Garganese said, "I will bring back some language. My thoughts are, this is really a Contract for basically pro-bono services being provided to the City." "I MOVE THAT THE CITY ATTORNEY COME BACK WITH PROPER WORDING TO FACILITATE THE CONTRACT AND RESOLUTION NECESSARY TO ACHIEVE THE RESULTS." MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR McGINNIS. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER MILLER: AYE COMMISSIONER BROWN : AYE COMMISSIONER KREBS: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE FOLLOWING TWO (2) REGULAR AGENDA ITEMS WERE DISCUSSED, IN THE ORDER DOCUMENTED, FOLLOWED BY THE REMAINING AGENDA ITEMS. .:..:. REGULAR AGENDA - PREVIOUSLY LISTED ON THE MAY 29, 2007 SPECIAL MEETING AGENDA REGULAR 603. Office Of The City Attorney And Office Of The City Clerk Requesting That The Mayor And City Commission Consider Approval Of Resolution Number 2007-25, Which Revises The City's Public Records Policy, Originally Set Forth And Adopted By Resolution Number 2000-01. City Clerk Andrea Lorenzo-Luaces and Attorney Garganese spoke on this Agenda Item. Discussion. "MOTION TO APPROVE." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - MAY 30, 2007 (CONTINUATION FROM THE MAY 29, 2007 SPECIAL MEETING) PAGE 12 OF 23 VOTE: COMMISSIONER BROWN : AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. REGULAR 602. Community Development Department Requests The City Commission Approve The Proposed Development Agreement Modification To Allow One (1) Internally Illuminated, Building-Mounted Sign To Exceed The Maximum Letter Size And The Maximum Height Of 14 Feet Above The Adjacent Sidewalk At The Villagio Shopping Center. Mr. Baker introduced this Agenda Item and said, "We recommendation Approval of that modification. " "I WAS GOING TO MAKE A MOTION FOR APPROVAL." MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR McGINNIS. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN : AYE MOTION CARRIED. REGULAR 604. Office Of Commissioner Joanne M. Krebs Requesting That The Mayor And City Commission Consider The Florida League Of Cities "Cities Of Excellence" Award Program For 2007. Commissioner Krebs began the discussion on this Agenda Item. "I WAS GOING TO MOVE THAT WE NOMINATE ANDREA [LORENZO- LUACES] FOR [CITY] CLERK OF THE YEAR AND ANTHONY GARGANESE FOR CITY ATTORNEY OF THE YEAR." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - MAY 30, 2007 (CONTINUATION FROM THE MAY 29, 2007 SPECIAL MEETING) PAGE 13 OF 23 VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN : AYE MOTION CARRIED. REGULAR 605. Office Of The City Manager Requesting The City Commission Approve First Reading Of Ordinance Number 2007-12 Updating The City's Purchasing Policies. Mayor Bush stated, "Can we have a Motion to read by 'Title' only?" "SO MOVED." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN : AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" only. "MOTION TO APPROVE." MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR McGINNIS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN : AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE MOTION CARRIED. Commissioner Krebs stated "Point of Order" and asked about Public Input. Attorney Garganese said, "It is First Reading. It is not required to have Public Input. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - MAY 30, 2007 (CONTINUATION FROM THE MAY 29, 2007 SPECIAL MEETING) PAGE 14 OF 23 REGULAR 606. Community Development Department Requests The City Commission Consider A Conceptual Development Plan For A 348 Unit Town-House And Patio Home Development On Approximately 47.09 Acres, Located On The South Side Of Shepard Road, North Of Florida Avenue, East Of Boat Lake, And Immediately Adjacent To The West Side Of The Wildwood Residential PUD (Planned Unit Development). Mr. Baker presented this Agenda Item and displayed an aerial view of the property site and.said, "We do recommend Approval subject to a lot of our Staff Conditions." Deputy Mayor McGinnis said to the Applicant, "Y ou may not be aware of this, but the Attorney sometime in our past, did say that they would be willing to have a charette. Are you aware of that? Are you still willing to do that?" Mr. David Evans, Evans Engineering, 719 Irma A venue, Orlando, Florida: stated, "Yes, we are very aware of the Public Meeting that we intend to have just following this Meeting. " Mr. Stevenson addressed this proposed project. With regard to the Easement, Mr. Evans said, "Under that power line Easement, what we intend to do is to provide some walking areas, some dog parks. There is a - nature trail that runs through there and actually surrounds the entire piece of property so it's part of that. It will be green and open and obviously because it is a power Easement, we are not allowed to build any structures underneath there." Mr. Randy Stevenson, ASLA, Director, Community Development Department noted for the Record suggestions from Staff on this project. Mr. Steve 0 'Dowd, Engineered Homes and Communities, 1155 Semoran Boulevard, Winter Park, Florida: addressed the City Commission on this project. Tape 2/Side A Discussion. Mr. O'Dowd said, "So, our concept took a look and as I show you these concepts, I do want to put one caveat here. The one's you are going to look in these concepts, right there and right here, is not the architectural style. These are buildings that we're able to put in - we have not determined yet the finished style of what we're going to do. But, you can at least, as we're looking at this, see the concept and the way things fit together. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - MAY 30, 2007 (CONTINUATION FROM THE MAY 29, 2007 SPECIAL MEETING) PAGE 15 OF 23 Continuing, Mr. O'Dowd noted, "We can also provide Workforce Housing and our definition of Workforce Housing is, where do we put our civil servants? Where do we put our teachers? We're very involved as a company with Seminole County Schools, with Seminole County Sheriffs Department and Fire Department in offering incentives for their people to come and live in our communities. So, we want to be able to have that type housing so that they can live there. We also want to have premium open space." Mr. O'Dowd commented, "On the three (3) story product, the townhouse product, this is a product that you're very much used to across the street. And what our proposition is with that, different than they're built across the street, is we're looking at these products, the fronts of these products, as not fronting a road; like you would have at a heavy, large city, say Chicago or somewhere. We're looking at this forming a green - area or a garden area or whatever, where front doors are walked up to through a beautiful landscaped area, and then there's an adjoining alley between every group of units. And again, this cluster right here, just flips and just flips again and flips again so that people can enjoy this." Discussion. Mr. O'Dowd remarked, "And so as that paseo makes its way through between those houses, what we're planning on doing is actually building, with each of these groups, building different looking park settings in the center. Different configurations, squares, curves, ovals, diamonds; and landscaping these to where these residents can actually share these and interact with each other. Further comments were made. Mr. O'Dowd then explained, "Each unit, each home, has it's own driveway. And that's very important. Each home has it's own garage and each home has it's own driveway. And each driveway is designed set back from the front of the home. And this is how we get away from having this be nothing but a scene of front garage doors, front doors and roof - is we push that back in all cases, every case where you see a driveway; we push it back allowing enough room for cars to park on the driveway, in front of the sidewalk, so we don't have any sidewalks that are impeded. And we have every home having its own area to park. We also have auxiliary parking that's planned in the development that we'll see later on." Mr. O'Dowd pointed out, "We allow - twenty-two feet (22') from the sidewalk to the garage door, in every case minimum." Furthermore, Mr. O'Dowd explained, "And you can see, we have planned trash receptacles. So, we don't have problems with these just stacking up in the front and have it look undesirable from the very beginning. The other thing is air conditioning compressors are already placed so we don't have a problem with that." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - MAY 30, 2007 (CONTINUATION FROM THE MAY 29, 2007 SPECIAL MEETING) PAGE 16 OF 23 Mr. O'Dowd continued, "This is a shot of a concept of the Central Park that you saw. This is that lake called Boat Lake. And we have houses that are surrounding it. We're using traffic controlling devices for central, kind of eye pieces. We've been asked by Staff to do certain things to slow the flow of traffic down, but not hinder it to the point of causing problems. And what we have planned out here is a significant club house. This club house that you see right here that we've designed is a little over four thousand (4,000) square feet. It's about - forty-five hundred (4,500) square feet, I believe. Large pool, tot lot and we've also incorporated behind and along the perimeter and along the lake, a series of walking trails or biking trails, for the residents to use. They can pretty much stay safely contained within the community and live their lifestyle." Additionally, Mr. O'Dowd added, "These are renderings of the club house. This club house is actually designed at this point. So, you can see the architectural style that - we'd like to incorporate into that. This is one that - really kind of tells the picture." Mr. O'Dowd continued, "This would be the rear of the clubhouse; this would be the front of the clubhouse and then this is an area that shows what our plan is for these residents to be able to have and that would be to entail an available exercise room - with equipment for the residents to use. Bathroom facilities that are adequate for that pool and something of this size. Offices that could be used for property management or however it would need to be used or just the Homeowner's Association. Storage, kitchen area, large gathering area and then our hearth room, which we thought was kind of nice. This is planned to be a central fireplace location and this is kind of the reading room for lack a bridge room or whatever they'd want to use it for - gathering room, covered outside and patio - and depending on how it fits and how the situation ends up in the final configuration of the park, we'd either have the pool behind it or somewhere on the side of it, but located right off to the rear, as with the tot lot." Mr. O'Dowd continued, "If you think about the entrance to this community, it has a very narrow throat as you come off of Shepard Road." Mr. Evans continued, "This is an actual photograph of a community, I believe this is in Tampa, but this is very similar to what we'd like to off of Shepard [Road], to be able to enter in. Because we have to enter in off of Shepard [Road]; we have two (2) lanes. We want to gate the community and we have to come and merge under power lines that run right across this and then basically start the houses in the - back, beyond this area. Now if you go to any of our 'Engineered Homes communities', that are built really anywhere in the area, you'll see that we put a lot of landscape in our entrances because we really feel that has a lot of impact for buyers making a location decision." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - MAY 30, 2007 (CONTINUATION FROM THE MAY 29, 2007 SPECIAL MEETING) PAGE I70F23 Furthermore, Mr. O'Dowd said, "This is very similar to what we have and what we're planning on the actual entrance and the medians to look like in this area." Continuing, Mr. Dowd noted, "But this shows the twenty-two feet (22') for the parking that does not interfere at all with the sidewalks; it does have the green space and then it has the street areas. And we've worked with staff in order to have the proper widths of the right-of-way on all of these - streets that you see laid out." Continuing, Mr. O'Dowd commented, "These are some statistics, in case you have any questions. I think you might have these stats; if not, I'm going to give them to you in just a little while. What this does incorporate is the fact that we have fifty-seven percent (57%) of open space, total green space on the property. And we have parking spaces per unit of2.51, when we average that out." Discussion continued. Mr. Q'Dowd noted, "Our plan, at this point, would be that this would be maintained by an Association." Regarding Progress Energy, Commissioner Donald A. Gilmore asked, "Are they going to give you permission to put trees under their power lines?" Commissioner Gilmore remarked, "This is what bothers me and I apologize to going this before you had your presentation, I thought it was our time and that was the question I had. Because a considerable portion of this green space that we're seeing there is in fact power line Easement; and I would think that before this Commission approves this thing, we see some evidence that the Utility is going to allow you to do this thing." Mr. Q'Dowd remarked, "The first thing going back to your power line Easement - I'd be happy to come back for you and set up a caravan for you and take you and show you under the Hunters Creek lines, or I can bring you photographs back with that; because they really did make great use of this area." Commissioner Gilmore commented, "I appreciate that, but I think we need a statement from - the Utility that is going, what they will allow you to do it under there." Mr. O'Dowd replied, "Understood." Mr. Q'Dowd stated, "We had a charette with the Wildwood development which is immediately - and we have a letter that we'll pass out that states that they're totally favorable, unanimously for this development and its concept." Commissioner Gilmore asked, "I thought that you said earlier that you were going to have it." Mr. Q'Dowd noted, "We're going to have one (1) more with the other Homeowner's Association. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - MAY 30, 2007 (CONTINUA nON FROM THE MAY 29, 2007 SPECIAL MEETING) PAGE 18 OF 23 A letter was handed out by Mr. Evans related to the Homeowner's Association. Tape 2/Side B Commissioner Brown said, "In the conversation about the high voltage Easements; when we were going through the discussion of the cell tower in Tuscawilla, there was a huge outcry regarding the safety of our children and the safety of the high power Easement and the cell tower and the impact that that had on the community. And I don't know whether now we're saying that when you cross a certain parallel, in the City of Winter Springs, those concerns and that hazardous high voltage area suddenly becomes a park; and I think we need to be careful about making that transition." Commissioner Brown asked Attorney Garganese, "Given the nature of these buildings and where they're going and the density that we're looking at, and the concerns that we've seen in another development here in Winter Springs that was used in the presentation - do we have the opportunity to limit the sales to owner-occupied and restrict investors to keep them from turning into rentals? Because if you talk to our Police Department, they'll tell you that in the area that we've done a similar development like this, it has been investors sales and they've turn into rentals, they have a larger numbers of incidents occurring - disproportionate to the other areas of the City." Attorney Garganese replied, "I don't believe that requirement, we've imposed it. But possibly; as part of the development plan, I mean, they can show us certain requirements are set forth in the Development Agreement. I'd have to look at that issue." As to the type of construction, Mr. Q'Dowd explained, "The plan is concrete block construction on the first floor; frame on the second and the third." Regarding the pricepoint for these units, Mr. O'Dowd noted, "We're looking at starting at about a hundred and sixty thousand [dollars] ($160,000.00) and going up to about three hundred thousand [dollars] ($300,000.00)." Discussion followed on Workforce Housing. Mr. Dean Jennings, Vice President, Keewin Real Property Company, 1031 West Morris Boulevard, Winter Park: addressed the City Commission. Regarding two (2) car garages, Mr. Jennings remarked, "I think that's something we need to talk about then." Commissioner Krebs commented, "I actually have her flyer that she sent out, if you'd like a copy of that; we can get you one." Commissioner Krebs asked, "Did you say there was a pet park in this as well?" Mr. Jennings replied, "Yes." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - MAY 30, 2007 (CONTINUATION FROM THE MAY 29,2007 SPECIAL MEETING) PAGE 19 OF 23 Regarding the sizes of the units, Mr. O'Dowd remarked, "The unit sizes - start at about a thousand (1,000) square feet and would go up to about twenty-two hundred (2,200) square feet." Commissioner Krebs asked, "So, the average size would be?" Mr.O'Dowd replied, "Sixteen hundred (1,600)." With further discussion, Commissioner Krebs asked, "Landscaping buffer on the left side, is that it?" Mr. O'Dowd replied, "Yes, this will be up against the industrial area. And we're still planning on doing exactly what the development order said. I think it was a combined berm and..." Commissioner Krebs interjected, "...A five foot (5') berm and a six foot (6') wall, actually." Mr. O'Dowd continued, "Eleven feet (II') total." Mr. Jennings added, "Plus, of course, landscaping and trees would be very much higher than that. That's actually a pretty good size berm and visual as well as a sound break." Commissioner Krebs then asked, "What kind of improvements to Shepard Road were you planning?" Mr. Jennings responded, "We have intersection improvements - at Shepard Road and (Highway) 17-92. Also, at the front entry of the unit, there's a double lane boulevard of the community." Mr. Jennings added, "We are willing to do improvements there on Shepard Road." Regarding density, Mr. Jennings commented, "As a matter of fact, this property, under the Future Land Use, is allowable for a significantly more density than what we're asking. And so the 334 versus the 348 is, if I may say, to some degree, inconsequential because the - Future Land Use allows significantly more than that." Discussion. Mr. Evans remarked, "With respect to what the Staff had to say and then come back with a comprehensive plan with all the comments addressed." Mayor Bush asked, "Staffs recommendation; you've said you had six (6) meetings with Staff, and yet, you've got all of these recommendations - what happened? I mean, why weren't they addressed? Did Staff make them up after you had the meeting? Why are you so far apart at this point after six (6) meetings?" Mayor Bush continued, "Did they not want to do what you asked them do; is that - what you're saying?" Mr. Stevenson replied, "Again, as they've said, we have had numerous meetings. Staff did make these recommendations. I think they did address some of them, Mayor. Some of them obviously, we've detailed for you tonight that have not been addressed that we feel, again we're excited about the product; we're excited about the concept, the way they laid out. But we feel there are some ways to make it a better product; understanding that they also have the necessity for the project to go forward, to make it financially viable. But we feel that there some issues that we still need to work on." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - MAY 30, 2007 (CONTINUATION FROM THE MAY 29,2007 SPECIAL MEETING) PAGE 20 OF 23 Further discussion. Deputy Mayor McGinnis commented, "I think what we would like to see is maybe an Agreement with Progress Energy; some kind of an Agreement." With further comments, Deputy Mayor McGinnis asked, "If you are going to have - another charette, would you contact me please? I would like to work with you on that." Discussion. Commissioner Robert S. Miller commented, "I have a feeling that Staff is onto a good idea with the larger park, central park. I think you ought to seriously look at that - they way they laid it out. And then the last point is, I would be interested in the power Easement issue also, because I think some of us need to be reassured." Next, Commissioner Krebs asked, "Is there a gazebo over by - that lake?" Mr. Evans replied, "Yes. That's part of the central park area including the roundabout that's in front of that. So, you have got a little landscaped area as well as the park itself." On the issue of parking, Mr. Baker commented, "We disagree with ninety (90) degree parking - backing out into a street, whether it's public or private." Commissioner Gilmore asked, "And what's your proposal?" Mr. Baker replied, "Parallel parking." Regarding Progress Energy, Commissioner Gilmore commented, "Let them come back here with what the power company says is allowed. Because, believe me, if they come, they have the right; they will put a fence right up along there and say, we don't want your people under our power lines or even on our Easement." Commissioner Miller said, "You are right." Commissioner Krebs commented, "Right." Mr. Evans stated, "We can do that." "APPROVE THE CONCEPT PLAN - MOVE TO APPROVE." MOTION BY DEPUTY MAYOR McGINNIS. COMMISSIONER MILLER SAID, "WITH COMMENTS. DEPUTY MAYOR McGINNIS REMARKED, "JUST THE CONCEPT PLAN." DEPUTY MAYOR McGINNIS REITERATED, "I MOVE WE ACCEPT THE CONCEPT PLAN AND WITH CONSIDERATION THAT COMMENTS FROM ST AFF WILL BE WORKED ON AND THERE WILL BE A FINAL CONCEPTUAL DEVELOPMENT PLAN BROUGHT BEFORE US AFTER THEY HAVE WORKED WITH STAFF." MOTION DIED FOR A LACK OF SECOND. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - MAY 30, 2007 (CONTINUATION FROM THE MAY 29, 2007 SPECIAL MEETING) PAGE 21 OF 23 Discussion. "I MOVE THAT WE ACCEPT THE CONCEPT AND APPROVE THE CONCEPT PENDING FURTHER WORK BETWEEN THE APPLICANT AND STAFF TOWARD THE PRESENTATION OF A FINAL CONCEPT PLAN." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. "I WOULD LIKE TO MAKE AN AMENDMENT THAT WE REQUIRE THE APPLICANT TO COME BACK WITH A STATEMENT FROM - THE UTILITY AS TO THE USE CAP ABILITY OF THAT EASEMENT AREA." AMENDMENT TO THE MOTION BY COMMISSIONER GILMORE. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: (ON THE AMENDMENT TO THE MOTION) COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. VOTE: (ON THE MOTION AS AMENDED) COMMISSIONER KREBS: AYE COMMISSIONER BROWN : AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE MOTION CARRIED. Mayor Bush commented, "I am hoping that next time it comes back that Staff and the Applicant have worked out everything so that we, or if you just can't work it out, tell us. Just say, we can't agree on this. Because when we see that you haven't done Staffs recommendation, as you can tell, it causes problems." In other City business, discussion ensued on 'REDFLEXlasercam' which was discussed the previous evening. "I MOVE THAT WE DO AN RFP (REQUEST FOR PROPOSAL) FOR A SYSTEM, TRAFFIC, RED LIGHT..." MOTION BY DEPUTY MAYOR McGINNIS. MANAGER McLEMORE INTERJECTED, "...TRAFFIC CAMERA DEVICES." DEPUTY MAYOR McGINNIS SAID, "RIGHT." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - MAY 30, 2007 (CONTINUATION FROM THE MAY 29, 2007 SPECIAL MEETING) PAGE 22 OF 23 MANAGER McLEMORE COMMENTED, "AND WHAT THIS BASICALLY SAYS TO YOU IS HOW - THIS HAS CAUSED TROUBLE IN OTHER COMMUNITIES WITH THIS PRODUCT. AND WE JUST NEED TO BE VERY, VERY CAREFUL." SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN : AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. REGULAR 607. Information Services Department Requests City Commission Review And Consider For Approval The City's New Cell Phone Policy; If Approved, Authorize Supplemental Appropriation In The Amount Of $4,091.00 For Equipment Stipend; And Authorize City Manager To Make Any Future Revisions As Necessary To The Policy. Ms. Joanne Dalka, Director, Information Services Department introduced this Agenda Item. "MOVE TO APPROVE." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN : AYE MOTION CARRIED. Manager McLemore commented on comments he had made. Discussion followed on a date for a Workshop on Workforce Housing, which was previously considered for May 7th, 2007 and then on Thursday, June 14, 2007, Mayor Bush said, "Four o'clock on the 11th [June 2007]." No objections were voiced. ADJOURNMENT CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - MAY 30, 2007 (CONTINUATION FROM THE MAY 29, 2007 SPECIAL MEETING) PAGE 23 OF 23 Mayor Bush adjourned the Special Meeting at 9: 19 p.m. RESPECTFULLY SUBMITTED: AND A LORENZO-LUACES, CMC CITY CLERK APPROVED: J/~ NOTE: These Minutes were approved at the June I 1,2007 Regular City Commission Meeting.