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HomeMy WebLinkAbout_2007 08 20 City Commission Special Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING AUGUST 20, 2007 CALL TO ORDER The Special Meeting of Monday, August 20, 2007 of the City Commission was called to Order by Mayor John F. Bush at 5:15 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, present City Attorney Anthony A. Garganese, present A moment of silence was followed by the Pledge of Allegiance. .:. .:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS HEARD FIRST, FOLLOWED BY THE REST OF THE AGENDA, AS DOCUMENTED. .:. .:. REGULAR AGENDA - PREVIOUSLY LISTED ON THE AUGUST 13,2007 REGULAR MEETING AGENDA REGULAR 601. Community Development Department - Planning Division Along With The Seminole County School Board Wishes To Brief The Commission On The Draft 2007 Interlocal Agreement For Public School Facility Planning And School Concurrency And Ordinance Number 2007-22, A Large Scale Comprehensive Plan Text Amendment, Establishing A Public School Facilities Element And Amending The Capital Improvements And The Intergovernmental Coordination Elements Consistent With Chapter 163, Florida Statutes. Ms. Eloise Sahlstrom, ASLA, AICP, Senior Planner, Community Development Department advised the City Commission that, "This item is just to introduce you to something that is coming back to you on September 10th." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - AUGUST 20, 2007 (CONTINUATION FROM THE AUGUST 13,2007 REGULAR MEETING) PAGE 2 OF 22 .:..:. AGENDA NOTE: THE FOLLOWING PUBLIC HEARINGS AGENDA ITEM WAS DISCUSSED IN THE ORDER DOCUMENTED. .:. .:. PUBLIC HEARINGS AGENDA- PREVIOUSLY LISTED AND PARTIALLY DISCUSSED ON THE AUGUST 13, 2007 REGULAR MEETING AGENDA. PUBLIC HEARINGS 500.1 Community Development Department Requests The City Commission Review Vertex Development, LLC's Request For A Conditional Use To Allow A Telecommunications Tower, On A 70' x 70' Lease Site, At The Tuscawilla Country Club (1500 Winter Springs Boulevard), In The Tuscawilla Planned Unit Development (PUD). Mayor Bush noted, "We will continue with the Public Hearing on '500.1' which was- going when we suspended the Meeting." City Manager Ronald W McLemore said, "Point of Order" and explained how this Agenda Item would proceed. Mayor Bush welcomed former City Commissioner Michael S. Blake. Ms. Mary D. Solik, Esquire, Foley & Lardner LLP, 111 North Orange Avenue, Suite 1800, Orlando, Florida: representing Vertex Development, LLC stated, "Things I need to put in the Record - the first is the Commission Agenda Item Number '308' from the January 23,2006 Commission Meeting, where the Staff presented to the Commission the letter I wrote to the City Staff, informing the City that the [Tuscawilla] Country Club and Vertex [Development, LLC] had entered into a lease agreement for a unipole on the [Tuscawilla] Country Club property. And the next few documents I want to put in the Record are the various leases and letters of intent from the providers that have signed up to go on this Tower; and that would be the T-Mobile lease, the Clearwire [US LLC], the metroPCS lease, the Sprint letter of intent and the Verizon [Wireless] letter of intent. So, I'm going to put all those things in the Record. And I also have a letter, that I think was provided to you, Commissioners, by Jackie Clement - I know she received a lot of correspondence on this issue and I don't know how much of that you're actually putting in the Record. I'm aware of this letter and I do believe that at least the Mayor got this letter. And it was, Ms. Clement lives in Winter Springs; lives in Country Club Village, and is in support of the Tower." Ms. Solik showed a map for the Record of a Future Land Use Map of the City of Winter Springs and commented on this issue. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - AUGUST 20, 2007 (CONTINUATION FROM THE AUGUST 13,2007 REGULAR MEETING) PAGE 3 OF 22 Regarding the Water Treatment Plant location, Commissioner Donald A. Gilmore asked, "So, is it fair or unfair to say that you went to a similar height that you have at the [Tuscawilla] Country Club site?" Ms. Solik replied, "1 think it's fair to say they went at similar or higher heights and could not get sufficient coverage on that site to warrant building it." Commissioner Gilmore asked, "Does our Consultant concur with those results?" Mr. Art Peters, 5422 Northwest 9 rl Boulevard, Gainesville, Florida: addressed the City Commission. Manager McLemore asked, "Has all of the RF (Radio frequency) information been supplied to Mr. Peters for evaluation?" Ms. Solik replied, "1 did not give him the Cingular [Wireless] information. 1 didn't get the Cingular [Wireless] information until 1 walked into the Hearing last time. Mr. Peters' Report prepared on August 11th does indicate that he was supplied with sufficient information though to make an analysis as to whether the Country Club site was the most suitable location; and he came to that conclusion. " Manager McLemore asked Ms. Solik, "Is Cingular information available to Mr. Peters?" Ms. Solik replied, "Yes." Regarding whether the Water Treatment Plant was an unacceptable site, Mr. Peters commented, "I checked the Water Treatment Plant and it is not adequate. Not at the heights that we're talking about." Commissioner Gilmore said, "I want somebody on the Record to tell me what height. We're looking at 150 up top. Are we looking at 150' down at the Water Treatment Plant?" Mr. Peters replied, "Anywhere up to 200'." Commissioner Gilmore then stated, "So, up to 200, it would not have been acceptable?" Mr. Peters replied, "That's correct." Furthermore, Commissioner Gilmore commented, "1 know there's approximately a twenty foot (20') difference in the elevation, ground elevation, between the Water Treatment Plant and the site up on the hill, so, if - you're a 150' up there to get to equal height, you'd have to be 170 down at the [Water] Treatment [Plant]." Mr. Peters remarked, "That's correct." Commissioner Gilmore continued, "As far as your professional opinion is, it will not service the needs?" Mr. Peters replied, "That is correct. " Regarding AT&T expanding their Tower at the Oviedo [Marketplace] Mall, Mr. Peters noted, "1 may already have that in the information that 1 analyzed. I'd really have to work it out." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - AUGUST 20, 2007 (CONTINUATION FROM THE AUGUST 13,2007 REGULAR MEETING) PAGE 4 OF 22 Discussion continued. Ms. Solik referenced some maps shown for the Record at a previous Meeting, and again showed some maps from the August 13, 2007 Regular City Commission Meeting. Mr. Dan Babilla, Senior Radio frequency Engineer, T-Mobile, 200 Telcorn Drive, Winter Springs, Florida: showed a map regarding a City plant that showed Tuscawilla coverage. Further discussion. Continuing, Mr. Babilla reviewed maps regarding area coverage. Discussion continued. Further discussion. Regarding ground equipment, Mr. Babilla commented, "T -Mobile uses generators; they're small." Mr. Bill Brown, General Contractor, 815 South Kings Avenue, Brandon, Florida: addressed the City Commission regarding generator and sound levels. Discussion. Deputy Mayor Sally McGinnis asked, "We don't know how many generators will be at this site, do we?" Mr. Brown replied, "1 think we end up three (3). T-Mobile always uses a generator; Verizon [Wireless] uses a generator; SprintlNextel uses one. Three (3). " Manager McLemore asked, "How do you attenuate the generator noise?" Mr. Brown commented, "They're packaged units in an enclosure that has some soundproofing on it." Manager McLemore said, "So, the answer to that question is factory installed equipment. There's nothing in addition to that you would do other than what's already factory- installed in the box?" Mr. Brown replied, "Correct." Manager McLemore remarked, "So, we need to know some numbers on that." Tape I/Side B Regarding the ground equipment, Commissioner Joanne M. Krebs asked, "Do you have any pictures to show us a similar site, what it would look like, because there are residents that are very concerned about the aesthetic look of the area." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - AUGUST 20, 2007 (CONTINUATION FROM THE AUGUST 13, 2007 REGULAR MEETING) PAGE 5 OF 22 Ms. Solik replied, "The compound is actually fenced in and landscaped all the way around. And the compound area is in the middle of a wooded area on the Golf Course. The compound area will not be visible. When you combine the existing landscaping and vegetation of the site that's been chosen, along with the required landscaping around the outside edge; there's a ten foot (10') landscape buffer all the way around." Ms. Solik continued, "And there's 2500' oflandscaping that's going in on this that will- screen that base equipment from view." With further discussion on the decibel output of the generators, Ms. Solik stated, "It doesn't exceed the Noise Ordinance, I guarantee that, and if it does - we'll get rid of the generators. " Manager McLemore commented, "These generators are test run from time to time, I've got to believe, because ours are." Commissioner Krebs remarked, "Once a month they told us." Commissioner Gilmore remarked, "I agree that we need to see the sound level of the generator, but one (1) generator by itself doesn't mean anything. We need to see the whole package." Commissioner Gilmore said, "The neighbors have been very concerned about the noise level. And I know when you fire up a 3600 RPM (Revolutions Per Minute), twenty-five (25) kW diesel generator, it tends to be quite noisy. I've been around these things with hush boxes around them and they're very quiet. But, I guess where we're coming from, we're putting the responsibility on you people to make sure these are quiet machines. And if you have to go to an 1800 RPM (Revolutions Per Minute) - then you do that." Mr. Alan Ruiz, Vertex Development, LLe, 405 South Dale Mabry Highway, #244, Tampa, Florida: commented, "In order to comply with any concerns that you have with these generators, we would be happy to take as a condition that the generators have hush boxes placed on them and also that they do not exceed your Noise Ordinance, as it stands in any way." Commissioner Gilmore asked, "As a total of all of them together running?" Mr. Ruiz replied, "Absolutely." Continuing, Commissioner Gilmore commented, "One of the things is, there's been quite a few statements made about this being in the middle of the trees and a well protected site - towards the number one (1) hole. I agree, there's a lot of trees - but towards the power lines, there aren't many trees and there is certainly - no trees along the little road coming in with the concrete path there. So, I think we're going to want to see a real good job of landscaping, if this thing is allowed, because the landscaping that's there now is absolutely minimal." Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - AUGUST 20, 2007 (CONTINUA nON FROM THE AUGUST 13,2007 REGULAR MEETING) PAGE 6 OF 22 Deputy Mayor McGinnis asked, "Did I hear you correctly, a moment ago, in reference to the generators, did you say if that's an area of concern, do without generators?" Ms. Solik replied, "No, I said we would accept a condition - that we comply with..." Deputy Mayor McGinnis said, ".. .No, it was before that." Ms. Solik stated, "No." Ms. Solik continued, "If we exceed them, then we'd be in Violation with your Code and the City could site - Vertex [Development, LLC] for Violation of the Noise Ordinance." Mayor Bush noted, "I think the only difference is, and Mr. Gilmore just stated this, that collectively they'd have to be under the Code, not individually." Ms. Solik replied, "And we will agree to a condition to that affect." Next, Ms. Solik showed a Forsite Group map of the proposed Tower location; followed by a photo of what the proposed Cell Tower would look like. Regarding the dimensions of the proposed Cell Tower, Ms. Solik said, "It's about five feet (5'), five and a half feet (5 W) in diameter at the bottom and it tapers up eighty feet (80'). And then at eighty feet (80') on, it is three feet (3') in diameter. And we showed you the cross section of the Tower with where each of the antennas are going to be located. You can't see very well in this picture on the screen; these packages are in your Staff Reports. But this is the - compound and this is the - fencing around it and there will be additional landscaping that goes all the way around outside that." Discussion continued. Regarding colors for the proposed Cell Tower, Ms. Solik commented, "It's designed to blend in with the color of the existing power poles. It's been our experience that this is the least obtrusive color to paint these - Towers. They really, really blend into the skyline after they're constructed. We've done Towers that are different colors - paint is paint." Ms. Solik then explained, "Paint is paint - we'll paint it any color they want. But it really has been our experience that white is the least obtrusive color." Further discussion ensued on photographs on the proposed Cell Tower. Mr. Rob Schmidt, Foresite Group, 231 North Kentucky Avenue, Lakeland, Florida: addressed the City Commission. Discussion. Ms. Solik stated, "This Tower will not look anything like the pole behind City Hall. All of the antennas will be concealed inside the Tower. It will look like that slim line, white tapered pole - putting up now. That's the worst it ever looks. There will never be anything hanging on the outside of it; the co-ax cables run up the inside. The antennas are in the inside. They're hidden by shrouds. It will not have the different tiers of antennas. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - AUGUST 20, 2007 (CONTINUATION FROM THE AUGUST 13,2007 REGULAR MEETING) PAGE 7 OF 22 1 also put into the Record last week a bunch of pictures of what 1 call ugly Tower pictures. There was some monopoles and some lattice Towers; very similar to what's been constructed on City Hall. It will not look like that. It will look like this. There's no bait and switch here. That's it. You won't see antennas." Discussion continued with Mr. Schmidt on the different views from neighborhoods in Tuscawilla related to the balloon test. Regarding lights, Mr. Schmidt stated, "First off, there will be no flashing lights on the Tower." Ms. Solik added, "There won't be any white lights either. No lights at all." Discussion continued. Manager McLemore remarked, "I want to make this comment because so much emphasis is being placed on this by the Applicant and it's common sense that this is good information and 1 don't think it's evidence. And the reason it's not evidence because as you know small amounts of wind changes elevation of these balloons rather dramatically and that changes factually from picture to picture. And that doesn't mean it's not a presentation, it's just not evidence." Further discussion. Manager McLemore asked, "But you would agree that the height varies with the wind? That's all 1 need to put on the Record for the Commission because they're the ones who have to make the decision, not me." Discussion. Ms. Solik stated, "I'm going to put these documents in the Record even though Mr. McLemore doesn't think they're evidence." Further discussion. Ms. Solik said, "These items '500.1', '500.2', '500.3', the City Clerk has labeled all of these documents as - Record evidence for item '500'. Can we agree that these documents are related to all three (3) - items before the Commission, so 1 don't have duplicate efforts on each?" City Attorney Anthony A. Garganese replied, "Yes." Discussion ensued on the Settlement Agreement. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - AUGUST 20, 2007 (CONTINUATION FROM THE AUGUST 13,2007 REGULAR MEETING) PAGE 8 OF 22 Ms. Solik stated, "We have to meet all of the criteria in the 2006-12 Ordinance for a Tower. There are objective criteria in that Ordinance regarding setbacks, location, separation, distances from offsite residential uses - those are set forth in your Staff Report and your Staff has not taken any issue as to whether we meet the technical criteria in your Tower Code regarding the Tower's physical location. Your Tower Code also requires that a Tower have the capability of supporting at least three (3) users. This Tower does meet that requirement. I have run through the Tier One, Tier Two, and Tier Three analysis and hopefully I've convinced you that there are no Tier Two sites that are available or that - are technically feasible and I hope that I've demonstrated that this Tier Three site is the only one (1) of the Tier Three sites in their ranked order that works for this Tower. The other thing that we have to demonstrate to you is that we meet the 'Conditional' - your general 'Conditional Use' criteria in your Code. And that's set forth in 20-33. (d) and there are seven (7) criteria. And the first is whether the Applicant has demonstrated the 'Conditional use, including its proposed scale and intensity, traffic generating characteristics and offsite impacts is compatible - and harmonious with adjacent land uses and will not adversely impact land use activities in the various, in the immediate vicinity. This Tower is not an intense use; it doesn't generate traffic. Despite the testimony you've heard tonight, it generates very little noise; and creates very little offsite impact other than visual. And the Staff has recognized that in the Staff Report. And it will not adversely impact any land use activities in the area. The area is all developed around this site; those activities can continue as they currently exist. And the second criteria is whether we've demonstrated the size and shape of this site; the internal circulation; the design enhancements are adequate to accommodate the proposed scale and intensity of the.. . " Tape 2/Side A Continuing, Ms. Solik said, "... 150' height was selected as the minimum amount of height that would still allow seven (7) carriers on the pole." Furthermore, Ms. Solik noted, "The ground compound is limited in size to the fifty by fifty (50 x 50) with the ten foot (10') landscaping buffer. We've leased the minimum amount of space necessary. The site doesn't implicate issues such as open space or off street parking. There is no parking at the site. The third criteria is whether the proposed use will have an impact on the local economy, including government, fiscal impact, employment, and property values. There will be no adverse impact on the local economy. It is not going to put anybody out ofajob. It doesn't really not have any fiscal impact. It doesn't require any City services be brought to the site. And I put in the Appraisal information last week that indicated it will not have any adverse impact on property values. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - AUGUST 20, 2007 (CONTINUATION FROM THE AUGUST 13, 2007 REGULAR MEETING) PAGE 9 OF 22 Criteria (4) is whether the proposed use will have an adverse impact on the natural environment including air, water and noise pollution, vegetation, and wildlife, open space, noxious, or desirable vegetation and flood hazards. The site's not being constructed in a flood zone. Our Site Plan requires that we do all the critter analysis that goes along with building a site. We will comply with all of those conditions." Ms. Solik added, "There won't be any gopher tortoise destruction involved with this site." The fifth criteria is whether the proposed use will have an adverse impact on historic, scenic, and cultural resources, including views and vistas. I am not aware of any historic issues out there. Scenic views, again the aesthetics of the Tower. We think we've demonstrated that we've brought you a site with a minimal visual impact on the community. And - we can't make them invisible. We just can't - we just can't hide them. So, there is some view of these Towers above the tree line. We think we've limited that. We've put it in a densely wooded area, as your Code requires, to help create additional buffering. (6) is whether the proposed use will have an adverse impact on public services, that's including water, sewer, surface water management, Police, Fire, etc. I've already indicated that the site creates no demand on public services. It will actually, in our view, enhance your Police and Fire response because you will be adding increased e 9-1-1 coverage; and your local Law Enforcement and Fire Fighters also rely on cell phones. They will be - increased coverage in this area. We put the article in from Mrs. Rhind about her incident out in that area and her lack of an ability to contact the Police Department. That will all be enhanced by this site. And the final criteria is whether the proposed use will have an adverse impact on housing and social conditions including variety of housing unit types and prices, neighborhood quality. It's really a non-issue - the enhanced cell coverage in this area actually will have a positive impact on the social conditions in the area. You've heard from a number of folks who testified last week that they want better coverage in Tuscawilla and they need better coverage in Tuscawilla." Discussion. Attorney Garganese said, "As you know, this is a Quasi-Judicial Hearing and a decision has to be based on a Record and I know all of you know a lot about this but some of the information that is going to be put into the Record is for the purpose of creating the Record. " CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - AUGUST 20, 2007 (CONTINUA nON FROM THE AUGUST 13, 2007 REGULAR MEETING) PAGE 10 OF 22 Furthermore, Attorney Garganese noted, "My view on the Settlement Agreement is that - it was entered into in 1993. There were some discussions or some argument at the last Meeting that perhaps the Second Amendment to the Settlement Agreement somehow changed the mandatory nature of the original Settlement Agreement. Just to refresh your memory, the original Settlement Agreement divides the - Tuscawilla County Club property into two (2) categories. Development property and golf property and the Settlement Agreement goes on to say that 'Subject to further approval, the Development Property shall hereby be developed with sixty-nine (69) single-family detached residences and the golf property obviously shall be used for purposes of an operation of a country club, golf course, tennis club, etc. The Second Amendment was entered into back in 1995-1996 and I went back and pulled the Minutes of the May 8, 1995 and July 24, 1995 City Commission Meeting. Attached to those Minutes are Verbatim transcripts of the discussion that went on during that Meeting and the discussion confirms what my position has been and my position was at the last Meeting. The purpose of the second amendment was engineering related. It had nothing to do with changing the mandatory language which I just read into the Record. There was an engineering issue that was before the owner of the Country Club at that time and the City Commission agreed after a lot of discussion to the Second Amendment. And all the second amendment does, is it addresses the lot size and the number of lots on parcel 7 and parcel 8 along with some other miscellaneous housekeeping measures that they addressed. So the original language in the Agreement that the development property shall hereafter be developed with sixty-nine (69) single-family detached residences was not amended. It was not modified by the Second Amendment. I also remind the Commission that the original Settlement Agreement was entered into as a Final Order by the Court. It was not a contract zoning. It was a Settlement and compromise between the parties which the Court has entered as a Final Order and has been recorded against the land as a binding obligation on the land." As to the Settlement Agreement, Attorney Garganese stated, "So, it is a binding obligation on the City. My opinion, it doesn't allow for Cell Towers. If a Cell Tower is approved as part of this process, my Opinion remains the same that an Amendment to the Settlement Agreement must be agreed to between the City and the Club. And I just would like to enter into the Record my Opinion to that effect which I put in writing along with the Minutes that I mentioned. There was also some discussion at the last Meeting about, maybe it was too close to call as to whether or not the proposed Tower was located on parcel 8 under the Settlement Agreement." Attorney Garganese then spoke of an old Site Plan from the former owner of the Country Club. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - AUGUST 20, 2007 (CONTINUATION FROM THE AUGUST 13,2007 REGULAR MEETING) PAGE 12 OF 22 Pictures were shown of samples of different types of Cell Tower structures in the Central Florida area and around the country for the Record. Mr. Stevenson stated, "I would like to also submit into the Record an email that we received from FPL (Florida Power & Light), it's actually from Amando Fernandez", and then read the email.Furthermore.Mr. Stevenson noted, "I would also like to enter into the Record, a copy of "Above Ground Level", an official trade journal of the "Wireless Infrastructure Association." Manager McLemore said, "Based on that information we got from FPL (Florida Power & Light) that they do in fact allow locations on poles, I asked our Consultant to look at that potential best site there and see if such a site in fact would work, better than, equally, general to, or worse than the proposed site at the Country Club. Would you briefly respond to that Art (Peters), for the Record?" With further comments, Mr. Peters said, "It appears that FPL (Florida Power & Light) is describing a canister that sits on the top of one of their poles. That does not allow co- location. So you would have at most, one (1) carrier or two (2) carriers. You can have one (1) on each of the parallel poles that are nearby the site. And there is a pair of poles within a 180' of the proposed site. So, the answer is you could have one (1) carrier on each pole according to that description - or the letter that was just read in by Randy. I don't think that that would be enough. First of all, it is only going to be ninety to ninety- five feet (90-95') above the ground and sometime ago, I believe the Applicant stated that they needed a ISO' and less than that would give them optimum so we could rehash this whole thing again but basically I would have to say it probably would not work as described tonight." Much discussion. Attorney Garganese noted for the Record, "The power line has an 'Open space recreation' Future Land Use designation right behind the driving range." Discussion. Ms. Carolyn Wilkinson, Director of Development, Clearwire US LLC, 500 North Willow Avenue, Suite 101, Tampa, Florida: mentioned they had previously contacted FPL (Florida Power & Light). CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - AUGUST 20, 2007 (CONTINUATION FROM THE AUGUST 13,2007 REGULAR MEETING) PAGE II OF 22 Attorney Garganese said, "Kip [Lockcuff] went digging through his office looking for maps and he did find a copy of an old Site Plan that was being submitted by the former owner of the Country Club to develop parcel number 8." Attorney Garganese said, "The parcel number 8 is 30.195 acres. And Kip [Lockcuff], can you just put that up for the Record?" Mr. Kip Lockcuff, P.E., Director, Public WorkslUtility Department said, "I was able to compare the legal description from the amended Settlement Agreement and it matched exactly. I don't think this plan was ever approved. This is the Engineering Plan that I believe - presented and the monopole falls right here. I'd say I am within, I used the Exhibit Z-2 that is in your next Agenda Item submitted by the Applicant which is a scaled drawing showing the location of the Cell Tower so taking that and scaling off putting on this plan, this is the location of the monopole plus or minus ten feet (10'). So, it's clearly the monopole was within the lots as is the rest of the site." Mayor Bush said, "And it is not on the Golf Course?" Mr. Lockcuff said, "That is correct." Continuing, Attorney Garganese said, "One other point about the Settlement Agreement, it does require for further approvals. That is specifically mentioned in the Settlement Agreement with respect to existing Golf Course uses. It was contemplated that Golf Course improvements would be relocated in order to accommodate the concept plans that were attached to the Settlement Agreement. Parcel 8 Concept Plan being generally as depicted up there on the screen and there is expressed language about moving existing Golf Course improvements to accommodate those single-family detached residences." Attorney Garganese noted, "If you recall - in 2001, City of Winter Springs versus State, that is the Florida Supreme Court case which validated the Tuscawilla Lighting and Beautification Lighting District Special Assessment. I just want to introduce that case into the Record. It does discuss Tuscawilla and the City Commission's directive to beautify the Tuscawilla PUD (Planned Unit Development). In addition, I want to introduce into the Record documents that you have seen many times over. Those are the Budgets from 2001-2002 through 2006-2007 for the TLBD [Tuscawilla Lighting and Beautification Lighting District] Special Assessment area. Those Budgets obviously include millions of dollars in public improvements to beautify the Tuscawilla area along with ongoing maintenance and the hundreds of thousands of dollars every year. So, I would like to introduce those as Exhibits." Regarding the Tuscawilla Lighting and Beautification Lighting District and related pictures that were displayed, Mr. Randy Stevenson, ASLA, Director, Community Development Department commented that, "These are just evidences that indicate - that Tuscawilla has been beautified and continues to be beautified to a large extent by efforts of the City and to the Staff, ongoing efforts in terms of maintenance and this is the result of the case whereby millions - of dollars have been spent on capital expenditure, and hundreds of thousands continue to be spent yearly on maintenance." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - AUGUST 20, 2007 (CONTINUATION FROM THE AUGUST 13, 2007 REGULAR MEETING) PAGE 13 OF 22 Mayor Bush asked, "Did they respond to you in writing?" Ms. Wilkinson responded, "My staff contacted them, and it was either email or telephone calls. But we put in Applications; we put in photos sims of what we want to do with them. Progress Energy, which is known now as PT Access, those are the lines that you see that are full of the antennas. We use those lines as oft as we can. We actually prefer to use power lines; because when we go on power lines, we avoid a lot of what we're going through tonight. But, both of those Applications were rejected, they didn't respond to us. In other words, they didn't deny those Applications, they contacted us and said 'No, we won't allow access to our power lines'." Mr. Dan Babilla, Senior Radio Frequency Engineer, T-Mobile, 200 Telcom Drive, Winter Springs, Florida: commented "Ninety foot (90') would not work for us. The issue is providing the coverage - it is basically at 1900 megahertz, it is a higher frequency, a smaller wave length and it requires more height, a better line of sight to give the same coverage at 800." Mr. Peters said, "The ninety feet (90') has to do with how far the signal goes from the antenna to the receiver and how much of that is in leaves and is shielded by vegetation - the worse case would be if you were down into the trees, the transmission distance would be the shortest. As you get up higher and higher and higher, the signal radiates from the transmission point down to the receiver and most of the path is not in the trees, it's just in the trees at the receiving end. So, that is why you get better signal strength." Mr. Craig 0 'Neill, Radio Frequency Engineer, metroPCS Inc., 8256 Exchange Drive, Suite 210, Orlando, Florida: regarding the Florida Power poles, Mr. O'Neil said, "We were told that we could not utilize that." Mayor Bush asked, "Florida Power [& Light] told you that you could not use them." Mr. O'Neil said, "Yes. It was Florida Power [& Light]." Mayor Bush said, "Did they give it to you in writing?" Mr. O'Neil said, "I do not know exactly. I don't have that with me, but I can check back with our site acquisition group to find out for sure." Continuing, Mr. O'Neil said, "We are going on the Vertex [Development, LLC] Tower at 105' and that's not our ideal height, but we're accepting it. Ninety feet (90') would be a little lower than that, we could probably make that work." Mr. O'Neil then spoke of the need for a particular location. Mr. Dan Wehmeyer, AT&T, 1101 Greenwood Boulevard, Lake Mary, Florida: stated, "The power line height of ninety feet (90') would be usable; it's a matter of how well you cover the area. And it becomes a cost benefit balance where if you're come in and say yes, I can put it at ninety feet (90') and only accomplish - forty-five percent (45%) of my intended design, then it becomes, is it really worth it. To really prevent us from having to build more Towers in more areas, the height that we're looking at on this Tower would be quite acceptable." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - AUGUST 20, 2007 (CONTINUA nON FROM THE AUGUST 13,2007 REGULAR MEETING) PAGE 14 OF 22 Discussion. Commissioner Gilmore said, "This Commission specifically told the Staff to come back with an analysis of the Towers of the Tier Two site, and the Tier Three site to investigate using the micro cells, so this is not new. From our perspective, we told the Staff they have to report back to that and that is why we are telling them." Attorney Garganese said, "The Ordinance that was approved in 2006 requires that there be competent substantial evidence be placed in the Record that a Tier One and a Tier Two site are not viable before you go to Tier Three. What is before you is a Tier Three Application. So, there needs to be this discussion as to whether or not a co-location on a power pole is allowed or acceptable because that is a Tier Two site." Manager McLemore said, "If it is your decision to delay this until the next Meeting which you still have time to do, then we would not have any further comments at this time and we will come back to you with our wrap-up comments in writing." Mr. Mike Gardner, General Manager, Tuscawilla Country Club, 1500 Winter Springs Boulevard, Winter Springs, Florida: stated, "I have a statement from the Owner I can read. " "The ownership of Tuscawilla Country Club was approached roughly two (2) years ago about placing a Cell Tower on our property. It was presented to us that an area of the Club's property would be the best location within the Tuscawilla community for such a structure. We entered into a contract with the Applicant for two (2) reasons. One (1), a potential economic benefit to us and two (2), the clear need for improved cell phone reception in the surrounding area. We obviously relied on the knowledge and experience of the Applicant regarding the merits of the site, from an operational perspective and determine first hand that the site would be, the site would provide limited... Tape 2/Side B . . . the structure compared to many other locations. We understand that the Settlement Agreement between Tuscawilla Country Club and the City of Winter Springs was brought up in connection with the Cell Tower Application. When we signed the contract, it did not occur to us that the Settlement Agreement was relevant, since it was and remains our understanding of the Agreement entered into before our involvement with the property, granted rights for residential development on the Golf Course and did not address the issue of a Cell Tower. Since the Settlement Agreement is between Winter Springs and the Tuscawilla Country Club, we believe that it goes without saying that any future mutual agreement between the same two (2) parties would be valid. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - AUGUST 20, 2007 (CONTINUATION FROM THE AUGUST 13,2007 REGULAR MEETING) PAGE 15 OF 22 If the City Commissioners determine that this is not the case, we would respond appropriately. We do not believe that the Cell Tower Application should be reviewed - I'm sorry - we do believe that the Cell Tower Application should be reviewed on its merits and that the time has come for a decision to be made. While we don't believe that any linkage between the rights granted in the Settlement Agreement and the merits of the Cell Tower Application should be necessary, we want to remind all concerned that we have made clear our position that it would be in the best interest of the City of Winter Springs and the Tuscawilla Country Club to transfer the development rights to the adjacent property to be purchased and deed restrict the Golf Course property subject to its present usage. Based on long standing representations to us about the preference of the City, this appears to be the logical, mutually beneficial solution. We've endeavored to have a positive impact on the community and the City throughout our stewardship at Tuscawilla Country Club. We ask for no special treatment and want only that we and the Applicant be treated fairly and equitably by all involved in the process. We appreciate the efforts of the City Manager, the City Attorney, the Mayor and the Commissioners, in analyzing this matter and trust that good decisions will be made that both uphold property rights and benefit the residents and businesses of Winter Springs." Attorney Garganese asked Mr. Gardner, "Can you clarify what you mean by transfer development rights? Transfer from where to where?" Mr. Gardner replied, "I'm not really in that position to unfortunately answer any direct questions. Basically as the operator, we've got to deal with the day-to-day business. If you do have specific questions, I think they can be directed back to the Owner. Unfortunately, the Owner is not local. That's why I'm here just reading a statement that basically I received today." Further discussion. Attorney Garganese said, "The Manager sent the Club a letter asking for a Waiver of the ninety (90) day time period that we're operating under pursuant to Florida Statute, which in my view, expires September 7th. I think the Applicant took the - position that expires August 30th, but I think if I read her email correctly, they would agree to the September th - so you have until that time to clear up all loose ends. I don't think at this juncture you're going to clear up the loose ends before that deadline. So, if the Commission was inclined to approve this Application, then you would have to approve it contingent upon clearing up those loose ends with the Settlement Agreement because of my position that I previously took." Furthermore, Attorney Garganese commented, "My position is that the Settlement agreement must be amended to accommodate a Tower because of the development rights that were granted for parcel 8." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - AUGUST 20, 2007 (CONTINUATION FROM THE AUGUST 13,2007 REGULAR MEETING) PAGE 16 OF 22 Commissioner Rick Brown asked Manager McLemore, "Would you and Staff be able to bring this back all the technical information for other alternatives by the next Meeting?" Manager McLemore replied, "I don't know that there would be any other technical information to bring to the Record." Manager McLemore continued, "The only thing that might be is whether the canisters are limited to just one (1) antenna, which would cause it to proliferate the number of sites and that's the only thing I would know to clear up at this point in time relative to technology." Mr. Stevenson commented, "I just want to clarify again - FPL (Florida Power & Light) told us it would take about two (2) weeks; tomorrow is two (2) weeks on these issues were we sent them the pole numbers. We would hope to clarify that before the next Meeting. I can't guarantee that obviously. But as soon as we clarify it, we'll certainly make the information available to the City Manager. But they are responding to our request specifically in Winter Springs; specifically to pole locations identified by number." Mayor Bush asked, "How many poles did you give them?" Mr. Stevenson replied, "We just gave - the two (2) closest. They said they just needed two (2). We gave them the numbers off those two (2) poles. Those are the ones at 180'." Mayor Bush asked, "And two (2) poles would take care of four (4) providers?" Mr. Stevenson replied, "I don't know that. Again, they have not recovered the details any further than the letter I read to you tonight." Deputy Mayor McGinnis asked Attorney Garganese, "Do you anticipate any problems to modify the Settlement Agreement; to come to an agreement on that?" Attorney Garganese replied, "I wouldn't know that until that we formally got into negotiations about the Amendment of the Settlement Agreement. Can it be done? Yes." Deputy Mayor McGinnis asked, "Could that be a quick process if everyone were in agreement?" Manager McLemore replied, "That would depend on who has authority to make decisions and can you get them here." Mr. Gardner commented, "I can look at this and say that the ball's already in motion for the transfer of those rights, which I kind of put the two (2) together and say that that would mean that 'Yes, they're open to amendments'. So, I would have to say that , Yes' . " Commissioner Robert S. Miller stated, "Point of clarification" and spoke about the power pole issue. Commissioner Gilmore suggested that Mr. Stevenson speak to Florida Power [& Light], about the height of the poles, how many carriers they permit on a pole, and the span between the poles. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - AUGUST 20, 2007 (CONTINUATION FROM THE AUGUST 13,2007 REGULAR MEETING) PAGE 170F22 Mr. Peters commented, "I just measured the spans along that run of poles and they are about 633' approximately." Discussion. Mayor Bush called a Recess at 7:42 p.m. The Special Meeting was called back to Order at 8:00 p.m. Manager McLemore remarked, "We would prefer to be able to come back to you with a very clearly laid out in writing summary that attaches your alternatives to basic findings based on the Record that we had in the first Hearing and everything that we've heard tonight. Just to make it very, very clear to everyone what the relevant facts are and the Findings relative to the applying the Law to this Application. And for that reason our preference would be to bring this back at your next Meeting with an attempt to try to get another answer on clarification from FPL (Florida Power & Light) and to provide you a very, very clear thoroughly written summary of this proceeding for you to make your final decision on." Ms. Solik addressed the City Commission further on this Application. Discussion. Commissioner Krebs asked Ms. Solik, "Did you ask us not to consider any Settlement Agreement? Is that what you said?" Ms. Solik replied, "I would prefer an approval without a condition that the Settlement Agreement be modified. It's a condition I cannot comply with. It's not really an approval to me. I can't comply with that. I'm not a party to that Agreement; I don't control the process. It's a condition I cannot comply with." Attorney Garganese commented, "I just wanted to clarify that - Ron (McLemore) is not talking about coming back with a Final Order. He's talking about coming back with an Agenda Item that's clarifying what the options are." Attorney Garganese remarked, "My recommendation is that if you're going to approve this Tower on parcel 8 that it be subject to an Amendment to that Settlement Agreement because of the importance and the significance of that Agreement. And that Settlement Agreement right now is between the Tuscawilla Country Club, their owners, and the City of Winter Springs. How it got this far, I'll leave to them, but it's an issue that needs to be addressed. " CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - AUGUST 20, 2007 (CONTINUATION FROM THE AUGUST 13,2007 REGULAR MEETING) PAGE 18 OF 22 Mayor Bush asked Mr. Peters, "Based upon everything you've heard and you've been through all of this - say they agree - to put them on there, is that really going take care of the problem - providing service to the Tuscawilla area for the self carriers or not?" Mr. Peters replied, "The answer to your question is it will for a couple of carriers, but it won't for the rest." Further discussion. "I WOULD LIKE TO MAKE A MOTION THAT WE ALLOW THE CITY MANAGER TO COMPILE AND PRESENT HIS FINAL REPORT OUTLINING ALL THE AVAILABLE OPTIONS AND STAFFS RECOMMENDATION, DIRECTION BY THE NEXT MEETING OR SOON THEREAFTER." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. ATTORNEY GARGANESE SAID, "JUST FOR THE RECORD, THE NEXT MEETING IS AUGUST 27TH [2007J, AT 5:15 [P.M.J." VOTE: COMMISSIONER GILMORE: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER BROWN : AYE COMMISSIONER MILLER: NAY COMMISSIONER KREBS: AYE MOTION CARRIED. Ms. Solik advised the City Commission that she had to attend the next Seminole County Board of Adjustment Hearing Monday [August 27,2007] at 6:00 p.m. and asked, "Can 1 have a very late slot on your Agenda here?" Mayor Bush remarked, "Why don't we just take it when you get here." Regarding the other related Public Hearings for the next Agenda, Attorney Garganese said, "I would just agenda it and if the item comes up and it's not ready to go we'll just Table it during the Meeting." Attorney Garganese continued, "Just for clarification, when 1 say Table, just Table it until the Attorney arrives." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - AUGUST 20, 2007 (CONTINUATION FROM THE AUGUST 13,2007 REGULAR MEETING) PAGE 190F22 .:..:. AGENDA NOTE: THE FOLLOWING PUBLIC HEARING AGENDA ITEMS WERE NOT VOTED ON AT THIS MEETING. .:..:. PUBLIC HEARINGS AGENDA- PREVIOUSLY LISTED ON THE AUGUST 13, 2007 REGULAR MEETING AGENDA PUBLIC HEARINGS 500.2 Community Development Department Requests The City Commission Review The Vertex Development, LLC Telecommunications Tower Site Plan, On A 70' x 70' Lease Site, At The Tuscawilla Country Club (1500 Winter Springs Boulevard), In The Tuscawilla Planned Unit Development (PUD). PUBLIC HEARINGS 500.3 Community Development Department Requests The City Commission Review The Vertex Development, LLC Telecommunications Tower Aesthetic Review, For A 150' (One Hundred And Fifty Feet) Tall Monopole In A 50' x 50' Fenced Compound With 10' Landscape Buffer On A 70' x 70' Lease Site, At The Tuscawilla Country Club (1500 Winter Springs Boulevard), In the Tuscawilla Planned Unit Development (PUD). Manager McLemore left the Commission Chambers at approximately 8: 15 p. m. .:. .:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS DISCUSSED NEXT, AS DOCUMENTED. .:..:. REGULAR AGENDA - PREVIOUSLY LISTED ON THE AUGUST 13,2007 REGULAR MEETING AGENDA REGULAR 602. Community Development Department Requests That The City Commission Review The Situation Regarding Zero Lot Line Developments With PUD (Planned Unit Developments) Zoning And Provide Direction. Mr. John Baker, AICP, Senior Planner, Community Development Department presented this Agenda Item. Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - AUGUST 20, 2007 (CONTINUATION FROM THE AUGUST 13,2007 REGULAR MEETING) PAGE 20 OF 22 Mayor Bush asked, "You mean the HOA (Homeowner's Association) documents take precedent over the City Codes?" Mr. Baker replied, "No, sir." Mr. Baker continued, "The most restrictive applies." Mayor Bush asked, "What if theirs is more restrictive than ours?" Mr. Baker replied, "Then that applies, yes Sir." Mayor Bush asked, "The HOA (Homeowner's Association's) applies?" Mr. Baker replied, "Yes, sir." Mayor Bush then asked, "What if the HOA (Homeowner's Association's) has expired, then it's the City right?" Mr. Baker noted, "That's a complication that we have consulted the Attorney on, and I'm not sure ofthe answer on that." Further discussion. "I MAKE A MOTION THAT WE CHANGE THE ORDINANCE TO ALLOW SCREENED ENCLOSURES IN ACCORDANCE WITH THE CODES WITH IMPERVIOUS ROOFS." MOTION BY COMMISSIONER GILMORE. SECONDED BY COMMISSIONER BROWN. DISCUSSION. COMMISSIONER GILMORE ADDED, "SCREENED PORCHES WITH IMPERVIOUS ROOFS." Tape 3/Side A COMMISSIONER GILMORE REMARKED, "I AM NOT SURE THAT IT SHOULD APPLY TO ANY" COMMISSIONER BROWN SAID TO COMMISSIONER GILMORE, "I ASSUMED THAT YOUR MOTION WAS TO JUST MAKE THE IMPERVIOUS ROOF THE SAME AS THE SCREEN ROOF?" COMMISSIONER GILMORE STATED, "THAT IS CORRECT." COMMISSIONER BROWN NOTED, "SO THAT MEANS WE JUST GO TO SEVEN FEET (7') ACROSS THE BOARD." VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN : AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE MOTION CARRIED. "I MOVE THAT WE HAVE STAFF GIVE US A ROUGH ESTIMATE, I KNOW IT CAN'T BE EXACT, OF THE COSTS TO THE CITY FOR PEOPLE APPLYING FOR A V ARIANCE." MOTION BY DEPUTY MAYOR MCGINNIS. SECONDED BY COMMISSIONER MILLER. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - AUGUST 20, 2007 (CONTINUATION FROM THE AUGUST 13,2007 REGULAR MEETING) PAGE 21 OF 22 VOTE: COMMISSIONER BROWN : NAY COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: NAY COMMISSIONER GILMORE: AYE MOTION CARRIED. Mayor Bush mentioned an email from a resident about a damaged recycling bin. Manager McLemore returned to the Commission Chambers at 8:36 p.m. With discussion, Mayor Bush commented on Resolution 2004-41 which includes Fees for replacement bins. "I WOULD LIKE TO MAKE A MOTION THAT WE AMEND THAT - DOCUMENT THAT YOU ARE TALKING ABOUT, THAT IF A RESIDENT BRINGS IN SOMETHING THAT HAS BEEN DAMAGED AND I WOULD SAY TO NO FAULT OF THEIR OWN, AND I DON'T KNOW HOW YOU TELL THAT, THAT WE REPLACE IT FREE OF CHARGE." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. COMMISSIONER KREBS STATED, "EXCHANGE." MAYOR BUSH NOTED, "2004-41, RESOLUTION, TALKS ABOUT THE RECYCLE BIN POLICY." FURTHERMORE, MAYOR BUSH STATED, "SO WE WOULD BE AMENDING RESOLUTION 2004-41 TO ALLOW FOR THE EXCHANGE OF DAMAGED RECYCLED BIN." VOTE: COMMISSIONER BROWN : AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. Mayor Bush then mentioned a bill for the Conference of Mayors and said that, "I am not going to recommend paying this unless the Commission thinks we should." Deputy Mayor McGinnis stated, "No." Commissioner Krebs remarked, "No." Commissioner Krebs then spoke of Winding Hollow trash cans. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - AUGUST 20, 2007 (CONTINUATION FROM THE AUGUST 13,2007 REGULAR MEETING) PAGE 22 OF 22 ADJOURNMENT Mayor Bush adjourned the Special Meeting at 8:41 p.m. RESPECTFULLY SUBMITTED: DANIELLE HARKER, ASSISTANT TO THE CITY CLERK AND A LORENZO-LUACES, CMC Y CLERK APPROVED: f~ NOTE: These Minutes were approved at the August 27,2007 Regular City Commission Meeting.