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HomeMy WebLinkAbout2006 05 08 Consent 405 Approval April 24 Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING APRIL 24, 2006 CALL TO ORDER The Regular Meeting of Monday, April 24, 2006 of the City Commission was called to order by Mayor John F. Bush at 6:30 p.m. in the Commission Chambers ofthe Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Mayor John F. Bush, present Deputy Mayor Michael S. Blake, absent Commissioner Robert S. Miller, present Commissioner Donald A. Gilmore, present Commissioner Sally McGinnis, present Commissioner Joanne M. Krebs, present City Manager Ronald W. McLemore, present City Attorney Anthony A. Garganese, present Mayor Bush mentioned that Deputy Mayor Michael S. Blake could not be here due to a family members' serious illness. A moment of silence was followed by the Pledge of Allegiance. Regarding Agenda Changes, Mayor Bush remarked, "I am going to move '306' to the top of the Regular Hearings - after the Public Hearings." .:..:. AGENDA NOTE: THE FOLLOWING "AWARDS AND PRESENTATIONS" WERE HELD NEXT, FOLLOWED BY THE REST OF THE AGENDA, AS DOCUMENTED. .:. .:. Mayor Bush presented Fire Chief Timothy J. Lallathin with some City memorabilia in honor and thanks for his thirty (30) years of service to the City of Winter Springs. AWARDS AND PRESENTATIONS AWARDS AND PRESENT A TIONS 100. Office Of The Mayor Presenting The 2006 State Of The City Address. This Agenda Item was not discussed. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 24, 2006 PAGE 2 OF 42 AWARDS AND PRESENT A nONS 101. Office Of The Mayor And Office Of The City Manager Recognizing The City Of Winter Springs For Receiving The 30th Anniversary - 2005 Tree City USA And 2005 Tree City Growth Awards; And Recognizing Mr. Michael Mingea, City Forester, Community Development Department, For His Efforts With The City's Arbor Program And With Our Annual Arbor Day Celebration. Mr. Mike Mingea, City Arborist, Community Development Department was acknowledged for his efforts with the Tree City USA and Arbor Programs. PUBLIC INPUT Mr. Tom Brown, 717 Adidas Court, Winter Springs, Florida: spoke on behalf of the Wedgewood Tennis Villas on unsightly garbage containers and asked the City to pass an Ordinance requiring Homeowner's Associations to make sure that garbage containers are kept out of sight. Commissioner Robert S. Miller suggested, "I think we ought to instruct Staff to see what other cities are doing, come up with an Ordinance and then review it where maybe you have to put them out the day of collection and take them off the street - before midnight that night. " Commissioner Joanne M. Krebs said, "I know that we have something on the books that tells us when to take our trash out and when to bring it back in. I don't necessarily think we need to go to another City to find out what they are doing, we just need to figure out what it is what we want to do, and then do it. " Mayor Bush noted, "Commissioners, if you agree, ask Mr. McLemore to study the situation and come back with some recommendations. " Commissioner Sally McGinnis added, "I would like to have Code Enforcement involved in that. This could be a full-time Code Enforcement job, you realize that. " Mayor Bush then said to Mr. Brown, "Why don't you work with Mr. McLemore on this..." Mr. Brown stated, "...1 will." Mayor Bush then said, "Commission, all in agreement on this?" Commissioner McGinnis commented, "Bring something back." No objections were noted. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 24, 2006 PAGE 3 OF 42 Mr. John Hogan, 105 Arrowhead Court, Winter Springs, Florida: remarked about Regular Agenda Item "306" and spoke of suggested changes to the Code related to Cell Towers. Mr. Ron Ligthart, 1036 Winding Waters Circle, Winter Springs, Florida: mentioned problems with business travelers and picking up trash containers; spoke of Waste Pro service fees as taxes; and asked why a Franchise Fee was charged. Ms. Katie Tortosa, 227 Sherry Avenue, Winter Springs, Florida: spoke of concerns with wetlands, animals, and environmental issues as a result of development. Mayor Bush said, "Katie [Tortosa], has asked several questions - what she passed out to the Commission. Katie [Tortosa], maybe you should schedule a meeting with the Manager or maybe he would - get answers to your questions." Ms. Sharon Rousey, 102 Hidden Oak Drive, Longwood, Florida: remarked about the Seminole Leadership Class project and asked that the City reconsider the proposed $5,000.00 contribution. City Clerk Andrea Lorenzo-Luaces read a statement from Deputy Mayor Michael S. Blake into the Record which requested that the City support the suggested $5,000.00 contribution. Commissioner Donald A. Gilmore said, "I was on the majority and I will bring that subject up - at the appropriate time." Commissioner Krebs asked, "When is that appropriate time?" Mayor Bush noted, "I would say once we get finished with 'Public Input' ." Ms. Diana Yarusinski, 1166 Winged Foot Circle, Winter Springs, Florida: commented on the Cell Tower Report and mentioned what she thought were contradictions in the Report. Mr. Edward Martinez, Jr., 205 Little Creek Lane, Winter Springs, Florida: asked the City Commission to help honor Mr. Gary Hillery at a May 26, 2006 event at the Tuscawilla Country Club. Mr. Martinez then spoke of individuals with a personal agenda working with Seminole County. Discussion ensued on the Seminole Leadership Class project and the proposed $5,000.00 contribution. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 24, 2006 PAGE 4 OF 42 "I WOULD LIKE TO MAKE A MOTION THAT THIS COMMISSION APPROVE $5,000.00 TOWARDS THE SEMINOLE CHILDREN'S VILLAGE AND JOIN THE OTHER CITIES AND THE COUNTY IN THIS EFFORT." MOTION BY COMMISSIONER GILMORE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. COMMISSIONER GILMORE ADDED, "I WOULD LIKE TO SUGGEST THAT THIS BE PULLED FROM THE GENERAL FUND." Tape I/Side B VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: NAY COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 200.1 Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For The Aesthetic Review For The Seminole Trail Animal Hospital Located On The West Side Of Vistawilla Drive, On The Southern Out-Parcel Of The Former Kash 'n Karry Shopping Center (Now Metro Church). Ms. Eloise Sahlstrom, ASLA, AICP, Senior Planner, Community Development Department introduced this Agenda Item. Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. "I WOULD MAKE A MOTION THAT WE APPROVE THIS ITEM AS PRESENTED." MOTION BY COMMISSIONER MILLER. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER GILMORE." DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 24, 2006 PAGE 5 OF 42 VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. PUBLIC HEARINGS 200.2 Community Development Department - Planning Division Requests The City Commission Consider The Final Engineering And Site Plan For The Seminole Trail Hospital Located On The West Side Of Vistawilla Drive, On The Southern Out-Parcel Of The Former Kash 'n Karry Shopping Center. Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. Mr. John Baker, AICP, Senior Planner, Community Development Department briefly spoke on this Agenda Item. Discussion. Ms. Rachel Christensen, P.E., Christensen & Associates, 412 Mead Drive, Oviedo, Florida: spoke on the project. Dr. D. Paul Williams, D. VM, 1491 East State Road 434, Suite 109, Winter Springs, Florida: addressed the City Commission. "I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE FINAL ENGINEERING FOR THE SEMINOLE TRAIL ANIMAL HOSPITAL ITEM '200.2'." MOTION BY COMMISSIONER GILMORE. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 24, 2006 PAGE 6 OF 42 PUBLIC HEARINGS 201.1 Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For The Aesthetic Review For Lifeway Homes Corporate Headquarters Located On Lots 2 And 3 Of The Tuskawilla Office Park On The West Side Of Tuskawilla Road In The Town Center. Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. Ms. Sahlstrom introduced this Agenda Item. Discussion. Mr. Charles E. (JR) Ball IIL Civil Engineer, P.E., JRB Engineering, Post Office 1343, Oviedo, Florida: addressed the City Commission on this project. With discussion, Commissioner Gilmore inquired, "How much landscaping are we going to get in there." Mr. Ball stated, "I think if you refer to the landscaping drawing, you would find that it fills the area up pretty good - and if the drawings don't, we will fill it up." Discussion. Mr. Wayne Young, AlA, Architect, 8641 Amber Oak Court, Orlando, Florida: addressed Commissioner Miller's concerns with numerous windows on the North elevation. Further discussion. "I MOVE THAT WE APPROVE THE AESTHETIC REVIEW FOR LIFEW A Y HOMES CORPORATE HEADQUARTERS." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. "I WOULD LKE TO MAKE AN AMENDMENT TO THE MOTION THAT THE ARCHITECT BRING BACK SOME PROPOSED ALTERNATIVES TO THE NORTH FACE THAT WE MIGHT TAKE A LOOK AT WHEN WE NEXT REVIEW THIS." AMENDMENT TO THE MOTION BY COMMISSIONER MILLER. MOTION DIED FOR LACK OF A SECOND. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 24, 2006 PAGE 7 OF 42 VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER MILLER: NAY MOTION CARRIED. Mayor Bush recognized former Mayor Paul P. Partyka, former Commissioner David W. McLeod, and former Commissioner Edward Martinez, Jr. PUBLIC HEARINGS 201.2 Community Development Department - Planning Division Requests The City Commission Consider And Approve The Final Engineering/Site Plan And Development Agreement For Lifeway Homes Corporate Offices On Lots 2 And 3 Of The Tuskawilla Office Park Located On The West Side of Tuskawilla Road In The Town Center. Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. Ms. Sahlstrom addressed the City Commission on this Agenda Item. Discussion Tape 2/Side A Commissioner Miller said to Ms. Sahlstrom and City Manager Ronald W. McLemore, "Nothing irritates us more than getting a visual - a picture which was taken from some project in Seattle, Washington or Omaha, Nebraska - and they just put it up on the screen and it doesn't really match what is in our architectural drawings. That is the issue here. Because you know, and the City Manager knows - we get all these things where they show beautiful trees and it is just gorgeous and you fall in love with the picture and then when they actually build the building, we all sit there and think to ourselves, 'That's not what they showed us', and none of us really live in architectural blueprints. That is what these Engineer types do. They just love that, but, they finish their building and they walk away and then we are left explaining why it didn't look like the picture that they showed us. So, I would suggest that you be very careful from now on." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 24, 2006 PAGE 8 OF 42 Furthermore, Commissioner Miller stated, "I hate it when they show us pictures and the pictures don't really represent what the final product is going to look like; so tell the Architects and the Engineers, 'If they are going to put color photographs up, make sure that they are what we are looking at in the architectural blueprints." With discussion, Commissioner Miller added, "The point is, 'Make it look like the situation where it is presented." Commissioner Krebs asked, "I was just wondering if we could we plant any more trees in there?" Commissioner Krebs added, "I didn't mean out on Tuskawilla Road, I meant even on the side." Furthermore, Commissioner Krebs asked, "Right there, is there not room for trees or anything there?" Ms. Sahlstrom said, "The word is that they will agree to putting some trees in there." Commissioner Krebs stated, "Thank you. That is great." Mr. Sahlstrom asked, "Any particular kind you want to see?" Commissioner Krebs said, "Yes, the kind that the birds make nests in." "MOTION TO APPROVE THE FINAL SITE PLAN WITH THE ADDITION OF UNDERSTANDING THAT THEY WILL ADD TREES..." MS. SAHLSTROM ASKED, ". ..AND THE DEVELOPMENT AGREEMENT?" COMMISSIONER McGINNIS STATED, "YES." MAYOR BUSH ADDED, "MR. MINGEA CAN PICK THE TREES." MOTION BY COMMISSIONER McGININIS. COMMISSIONER GILMORE MENTIONED, "WE ARE GOING TO KEEP THE DRAWINGS SO THAT WE CAN CHECK YOUR LANDSCAPING." SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. PUBLIC HEARINGS 202. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For The Aesthetic Review For The Colonial Bank Located On The Southwest Corner Of State Road 434 And Vistawilla Drive, On Lot 3 (Out-Parcel Number 1) Of Tuscawilla Tract IS-Parcel 1- C (Former Kash 'n Karry Shopping Center, Now Metro Church). Mayor Bush opened the "Public Input" portion of the Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 24, 2006 PAGE 9 OF 42 No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. Ms. Sahlstrom presented her opening remarks on this Agenda Item. Commissioner Miller suggested that we "Consider asking - as part of this Aesthetic Review, that they put some window treatments on the building." With brief comments on the signage needing to meet Code, Ms. Sahlstrom stated, "What you would be doing is approving it aesthetically, and then subject to it coming back for a Development Agreement. And because the existing Development Agreement is for the entire Kash 'n Karry tract, and also because there was some other Development Agreements that needed to get put forward before this one." Discussion. Mr. Eddie Muse, Design Services Incorporated (DSI), 1778 North Park Avenue, Suite 100, Maitland, Florida: commented, "The building which was built in St. Cloud is a smaller version of this one. Actually, it won an award from the City of St. Cloud. The building is really meant to be clean and more contemporary - sort of transitional is the building's style; and, the windows are being recessed deeper so that they do stand out along with the - stucco." Commissioner Miller asked, "Will you say that again, please?" Mr. Muse stated, "They will be recessed, slightly, so that they will really be accentuated with the stucco." Commissioner Miller requested of Mr. Muse, "Some kind of window treatment, Sir. And, that's an architect thing. Maybe put a - like shade over the top of it or a border around it to give it some definition." Manager McLemore suggested, "You could do some window penetration on it though, in order to give it a little more depth, I would think without compromising your design." Next, Commissioner McGinnis asked, "They're recessed. Explain how they're recessed." Mr. Muse stated, "Simply, take the windows and their actually stepped back. So there is more shadow affect..." Commissioner McGinnis asked, ".. .How much? Three inches (3"), five inches (5")?" Mr. Muse commented, "I think totally it will be three [inches] (3")." Commissioner McGinnis stated, "Okay. That's good." Commissioner Miller said, "If this doesn't pass tonight, I will come up with some ideas and I will give them to you that you can reconsider." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 24, 2006 PAGE 1O OF 42 Discussion. "I WILL MOVE TO APPROVE." MOTION BY COMMISSIONER McGINNIS. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER GILMORE." DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: NAY COMMISSIONER McGINNIS: AYE MOTION CARRIED. PUBLIC HEARINGS 203. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For The Aesthetic Review Of Sonoma Pointe, A 424-Unit Engle Homes Townhouse Development To Be Located In The Town Center On The 40 Acres Immediately South Of St. John's Landing On The East Side Of Tuskawilla Road. 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. This Agenda Item was introduced by Ms. Sahlstrom. Commissioner Miller said, "I would like serious thought to be given by the Developer to make these all at least six foot (6') balconies, so you can actually sit out on the balcony in the evening." With discussion, Ms. Sahlstrom stated, "We would encourage it to be six feet (6')." Commissioner Miller added, "Or more." Mayor Bush stated, "I agree with Commissioner Miller on that." Commissioner Krebs added, "I do too." Commissioner Gilmore commented on the plans and stated, "Are we going to grass like that?" Mr. James A. Thiele, P.E., Engineer, Carnahan Proctor Cross, 105 East Robinson Street, Orlando, Florida: commented, "Certainly you're not going to see it on the front of the buildings the way that it's presented. What our scope was in providing it this way was so that you get a full view of the front of the building." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 24, 2006 PAGE II OF 42 Commissioner Gilmore said, "There isn't a rear view in this thing." Furthermore, Commissioner Gilmore remarked, "I don't see why we are bringing for Aesthetic Review, drawings which only show the front of the buildings, really don't show the sides, or the rear. We're only looking at the fronts." Mr. Thiele stated, "The rear of the buildings, in all cases, will butt up to the rear of an adjacent building with the exception of the ones on the lake, of course." Commissioner Gilmore stated, "So, what you are saying is that we shouldn't have any interest in what the rear looks like?" Mr. Thiele stated, "No, I'm not saying that at all. I'm just saying it's a devoid area of access more than anything to the units. That's where the two (2) car garage access is." Commissioner Gilmore said, "I would not approve these without seeing rear elevations." Discussion. "I MOVE WE TABLE THIS." MOTION BY COMMISSIONER GILMORE. SECONDED BY COMMISSIONER McGINNIS. COMMISSIONER GILMORE ADDED, "I WANT TO SEE SOME REAR ELEVATIONS." MAYOR BUSH STATED, "THERE'S NO DISCUSSION ON A MOTION TO TABLE." VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. Mr. Thiele asked, "Can I ask the Commission if we can submit that as a supplement to what we've given you already?" Commissioner McGinnis stated, "Absolutely." There were no objections by the Commission. PUBLIC HEARINGS 204. Community Development Department - Planning Division Requests That The Commission Hold A Public Hearing For The Aesthetic Review Of The Vistawilla Office Center, Located On The South Side Of State Road 434, Just West Of The GreeneWay Interchange. 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. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 24, 2006 PAGE 12 OF 42 Mr. Randy Stevenson, ASLA, Director, Community Development Department spoke on this Agenda Item. Commissioner Miller said, "I think the entrance feature needs to be enhanced somehow." Furthermore, Commissioner Miller noted, "I would like to see significant entrance enhancement work done. Which would be basically I think this - yellow stripe in the middle of the building." Discussion. Mr. Tom Corkery 759 Bear Creek Circle, Winter Springs, Florida: commented on the proposed buildings and projected costs. Tape 2/Side B Commissioner Miller said, "It's a great looking building, Tom [Corkery], it really is. I mean I love it. And, I am really happy that you made some major concessions and you agreed to put those little things up there on the top that gives it a little more definition. I think you have also agreed now to put the 45 degree things on the four (4) comers." Furthermore, Commissioner Miller stated, "I really feel, I sincerely do that the that entrance feature, which I know the City's asked you to put a little bit of definition on the front so that maybe it comes out by a foot; but, two (2) of those buildings side by side - those entrances on - State Road 434, not on the back side, on State Road 434 - they are right up there on the roadway; and it is something you are going to build. And, I think you know in your heart - there are better things that could be done. Whether it is financially possible or economically feasible - that is another question." Commissioner Miller added, "That alternative thing that - was an example - I put up because in my opinion that entrance on [State Road] 434 that little strip market - it needs something more - I don't really know what it is. That is my opinion. I would like to see some alternatives, architectural type stuff, proposals come in." With further discussion, Commissioner Miller stated, "Let me be very specific, what my request is - to come back with some alternative proposals." Ms. Diane Forrest, AlA, Architect, Reynolds Smith & Hills, Inc., 3670 Maguire Boulevard, Suite 300, Orlando, Florida: stated, "I did want - to clarify that there is a difference between the front of the building and the rear of the building and the rendering that you're looking at is of the rear of the building. You'll see that there are notches on each of the comers of the building which is different from the back. Just to - start from the beginning. We worked very hard with Tom [Corkery] for over the last course of the year to get the proper image that he's looking for and then since the beginning of this year, also with the City of Winter Springs' Staff. They brought up some of the same issues that you are talking about. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 24, 2006 PAGE 13 OF 42 We do have three (3) different types of glazing and you can see on the ground floor we have glazing from the ceiling to the ground plane. On the upper levels, we have a smaller window and that's the second window type. And the central bay, which we really wanted to design as the focal feature of the building, we have glazing that runs, of course at the entry, but all the way from the top of the canopy to the top of the third floor and this is called spandrel glass that runs in front of the structure. So, there are three (3) different types of glazing there. We did pop out the central bay. We raised the parapet at the Central Bay. It drops down and then it - the parapet rises back up at the corners. We've also come back in as Tom [Corkery] has mentioned. We've clad the canopy in granite. We extended it out so that it is deeper than we originally had it. There's a series of reveal work on these panels that run both horizontally and vertically that will break up the concrete panel and the texture. So, you'll see shadow lines over the course of the day along the buildings. Just from the functionality standpoint of an office park, if you think about maybe your typical office; a standard office is ten feet (10') maybe fifteen feet (15'). We've broken up the building along that same dimension and these windows, each window would be allowed an office within, to have its own window; which I'm sure all of you know is one of the prime things that people are looking for when they're designing the inside of their office space. They also look for a very open feeling on the inside of the space that they can layout their offices as they need be - their office space as they need to without having to deal with a lot of jogging in and out of the plane of the building; because that makes the interior of the space much less useful. So, there are certain industry standards that we use to layout an office building. This being a suburban office building, is a lot smaller really than you might think. If you think that and looked at each one of these windows really represents ten feet (10') and you think about the width of an office, that's really not - we're not dealing with a whole lot of building frontage here. So, we've got each corner broken up and then we've got - roughly five (5) bays here and then we're breaking up the front of the building as you enter, trying to put all of the pizzazz where the people are really going to see it as they're coming into the building. And then you've got basically - design happening on the opposite side. So, I just want to reiterate this because we really believe that we put a lot of thought into it and we have over the past year, year and a half. Not only with Tom, but with your Staff and then of course the landscaping does add a whole other layer to the building. One of the things that we wanted to do with the renderings is show you what it would look like without the landscape and then the elevation that you have that has both buildings shown just straight on begins to show some of the landscaping that'll be in front of it. One of the things that we've - talked about early on when we were just siting the buildings, was to push them a little bit closer to State Road 434 so we could put all our parking in the back and to the sides of the building. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 24, 2006 PAGE 14 OF 42 And, I will say that is - really kind of an unusual scenario for a suburban office building. Usually, you see a building ringed in parking. We decided that we wanted to do that so that we could create a greenway basically in front of our buildings and hopefully set a precedent for future development of this type along State Road 434 where instead of having parking and the building and then parking beyond, we would be able to create a nice green space or green - landscaped area in front of the building which we have done in the landscape plans if you would look at those." Commissioner Gilmore said, "The reveals in the front are the things that will make or break this building. Right? They have got to be deep. These lines right here that has to be deep and they will show it." Commissioner Gilmore then asked, "But my question concerns the HV AC (Heating, Ventilation, and Air Conditioning) screen wall top, what is that?" Ms. Forrest stated, "The material right now we have as a metal panel that's - painted with a textured paint to help make it appear similar." Commissioner Gilmore said, "If that is not done in pre-cast or tilt wall you are going to have something to me that is just not going to look good." Commissioner Gilmore added, "I really believe that from my perspective, I would not approve that building with a sheet metal screen wall. But I think over time that is going to look bad. It needs to be pre-cast and match the rest of the building. And, if you want to see what happens, go look out at Quad 2 and 3 on Quadrangle Boulevard." Ms. Forrest stated, "Our idea was to use a textured paint." Commissioner Gilmore stated, "Textured paint is not going to solve this. And that is what you are going to end up with, so help me it is not what is good. I would go with nothing less than a pre-cast that matches the rest of the buildings. And recognize too, this is going to be seen from the backside by all of the residents in Tuscawilla." Commissioner Gilmore added, "I could not approve anything but pre-cast or a tilt." Mr. David W McLeod, 645 Dunmar Circle, Winter Springs, Florida: stated, "We don't disagree, I don't think, on that. I think as far as pre-cast, I don't think we do pre-cast. I'd like to build that up with materials and then stucco the face of the screen wall to match the face of the building and we can do that with stucco features rather than do it with a pre-cast. Pre-cast is going to add a lot of weight to the front of that building. Okay. Would that satisfy your concern over metal? It'll look the same." Commissioner Gilmore remarked, "If you could guarantee - stucco will last a long time and - hold up. That'd be one thing, but what are you going to apply the stucco to?" Mr. McLeod stated, "We'll work with our Engineers and Architects with that - been used on buildings, on the face of buildings, been done that way for years." Furthermore, Mr. McLeod noted, "I know where you're coming from and we'll use another element and features other than that. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 24, 2006 PAGE 15 OF 42 My problem here is this - and I heard Tom [Corkery] talk very briefly on it; but Mr. Miller, as you mentioned changing the feature, we've changed features so far as to come across with what the City's asked us for. Now, we're being asked again to change this. I'm very serious, this is a probably a three quarter million dollar change to one (1) building, we've got two (2) buildings sitting here. If you change to this type of fascia that you just pointed out - and I know you said you're not going to tell us exactly which one to do; but, how many times did we come back before you to get a decision as what to do. We've gone to your Staff. We've worked with Staff. Staff said 'Yes.' We agreed to this. We agreed to put some granite on it. Granite is an up-charge. We put granite on it and now we're going beyond that to redesign and redefine the building again." Additionally, Mr. McLeod commented that "One of the things I wanted to point out, this building as you're seeing it here tonight shows it as the dark brown. I don't know if you can pick this up off the overheads or not - we have two (2) renderings here for you. As we stood there looking at this and we said the darker brown on the building as is in your flyer; what we found is a dark brown that's going to stand out. As you look around the neighborhood there, there's nothing in that deep color. The remnant that we have on the screen is a toned down building that again, we would put the black granite on, we would put a crown on it. We would change the lighter color in the center of it. And we think that we'd meet the neighborhood with much more pleasing colors than this dark color. The dark color we also feel is going to end up costing more energy to operate that building. We're going to have a lot more solar pull on the building from the color - we'd like to get back into the light. And as you look at this, this evening, we'd like you to take a look at this lighter color. I think it is more friendly to that neighborhood." Manager McLemore stated, "So, you're saying you favor the lighter color?" Mr. McLeod stated, "Yes." Mr. McLeod added, "I think the black granite would jump right out of that front entrance. And, we'd be willing to bring the entrance out a little, few feet further on the front of the building ifthat's what you want. We'll add another two feet (2') to that front entrance as far as the overhead canopy. And, I think that would give the depth feature you're looking for Don [Gilmore], and will satisfy the needs up on top of the wall." Commissioner Miller said, "The way the front of the building looks right now, I don't like it. From an aesthetic standpoint, I think it could be improved." With discussion, Mr. McLeod stated, "I'd love to take you on a tour up to Jacksonville to see them." Commissioner Miller stated, "I still would like to see some alternative proposals for that entrance way for this Commission to look at." Commissioner Miller added, "I would like to see some alternatives though." Commissioner Miller also added, "I would like to see some - just the center part, just on the front, those three (3) pieces of glass in the center." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 24, 2006 PAGE 16 OF 42 Manager McLemore said, "Is it possible, David [McLeod], in the Architect's perspective, to bring those two (2) columns out, that portion out two feet (2') to give it a little more differentiation on its face? Is that a big issue?" Ms. Forrest stated, "Unfortunately - to do that all the way up the three (3) stories of the building would be a cost - a fairly significant cost - we can definitively look at the canopy. But, something that's affecting all three (3) floors, you're talking about enlarging the structural slab, adding columns that would go three (3) stories up, you're adding an additional roof. There's significant impact to going out much further than we've shown it, we took it out to get that shadow line in the front - we're trying to work really hard between what - our clients and the area can afford, that also gets the most visual affect for what we can do." Commissioner Krebs asked, "Could you explain again, what you suggested doing?" Mr. McLeod stated, "On the canopy itself, is to extend an additional two feet (2') forward to give more depth to the canopy." Mr. McLeod added, "We have agreed to use some plant material that hasn't been tested yet, to help the City to find out what happens with these things." Additionally, Mr. McLeod noted, "One of the other things I mentioned was the top wall - is when we're done with the top wall, it will have the same characteristics as the rest of the building. It may not be built out of the tilt wall, though the characteristics will be the same." Discussion. Commissioner McGinnis stated, "My question is, this offset on the front, how deep is that?" Diane stated, "Ten by ten (lOx 10)." "I MOVE THAT WE ACCEPT THE AESTHETIC REVIEW OF THIS BUILDING ON [AGENDA] ITEM '204' WITH THE EXCEPTION THAT THE FINISHED COLOR WILL BE A LIGHTER COLOR THAN SHOWN. WE'RE GOING TO ADD TWO TO THREE FEET (2-3') TO THE FRONT ENTRANCE EXTENDING IT FURTHER OUT AND TO THE REAR ENTRANCE; AND THAT THE HVAC (HEATING, VENTILATION, AND AIR CONDITIONING) SCREEN WALL BE OF CEMENTITIOUS TYPE MATERIAL WITH A TEXTURE THAT WILL BE FLAT AND NOT DEVELOP A WAVY FORM." MOTION BY COMMISSION GILMORE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 24, 2006 PAGE 170F42 "I WOULD LIKE TO AMEND THE MOTION THAT THE BUILDER WILL BRING BACK TO US WITHIN - TWO (2) MONTHS, ALTERNATE PROPOSALS TO WHAT THE FRONT ENTRANCE WILL LOOK LIKE." MOTION DIED FOR LACK OF A SECOND. Tape 3/Side A VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: NAY MOTION CARRIED. Mr. McLeod stated, "The clarification is the fact we are talking about the extension of the canopy, correct?" Commissioner Gilmore noted, "The extension of the canopy, two to three feet (2 - 3')." Commissioner Miller and Mayor Bush said, "Front and back." Mr. McLeod then said, "That will happen." Commissioner Gilmore added, "That screen wall is total around..." . Mr. McLeod said, "...1 understand..." Commissioner Gilmore remarked, "... Minus the front side." Mr. McLeod said, "I understand that." Mayor Bush called a Recess at 9:40 p.m. Mayor Bush then called the Meeting back to Order at 9:55 p.m. PUBLIC HEARINGS 205. Office Of The City Attorney Requests That The City Commission Approve On First Reading Ordinance 2006-02 Which Shall Prohibit The Annexation, Either Voluntarily Or Involuntarily, Of Any Real Property That Is Located East Of An Imaginary Straight Line Which Commences On The Southern Boundary Of The Shores Of Lake Jesup And Runs Southward Along The Eastern Most Boundary Of The Deleon Street Right-Of-Way And Which Terminates On The Northern Most Boundary Of The City Of Oviedo. City Attorney Anthony A. Garganese returned to the Commission Chambers at 9:56 p.m. Mayor Bush stated, "I need a Motion to read by 'Title' only "MOTION." MAYOR BUSH STATED, "MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER KREBS." DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 24, 2006 PAGE 18 OF 42 VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER MILLER: AYE Commissioner Gilmore returned to the Commission Chambers at 9:57 p.m. Manager McLemore returned to the Commission Chambers at 9:57 p.m. COMMISSIONER GILMORE: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" only. Mayor Bush opened the "Public Input" portion of the Agenda Item. Mr. Edward Martinez, Jr., 205 Little Creek Lane, Winter Springs, Florida: suggested that the City Commission postpone this until further review of Oviedo's plans. Mayor Bush closed the "Public Input" portion of the Agenda Item. Discussion. Commissioner Miller read a statement into the Record. With further discussion, Commissioner Miller suggested that "We pass a Resolution this evening inviting Oviedo and the County to an open forum in which we will discuss what it is that is really going to be done with Black Hammock." Commissioner McGinnis remarked, "I like the idea of inviting everybody." Furthermore, Commissioner McGinnis suggested, "And we will have to make every effort to involve the Press." Much discussion. Tape 3/Side 8 Discussion. Manager McLemore suggested, "Go ahead and pass this First Reading tonight, between now and the Second Reading, see if we can get a hold of the Joint Planning - Agreement between Oviedo and the County and see what language is in that new Agreement, relative to the Black Hammock, before you have your Second Reading and that should tell us what we need to know." Commissioner McGinnis stated, "Good." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 24, 2006 PAGE 19 OF 42 "I WOULD LIKE TO MAKE A MOTION TO MOVE [ORDINANCE] 2006-02 TO SECOND READING." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. COMMISSIONER MILLER STATED, "I WOULD LIKE TO INCLUDE IN THAT, THAT THE CITY MANAGER WILL OBTAIN FOR US THE CONTENTS OF THE JOINT PLANNING - AGREEMENT AND ANY OTHER DOCUMENTS THAT MAY BE RELEVANT TO THE DEVELOPMENT OF THE BLACK HAMMOCK BY EITHER THE COUNTY OR OVIEDO AND MAKE THAT AVAILABLE TO US BEFORE SECOND READING." FURTHERMORE, COMMISSIONER MILLER NOTED, "I WILL MAKE THAT AMENDMENT." ADDITIONALLY, COMMISSIONER MILLER SAID, "I JUST MADE THE AMENDMENT." AMENDMENT TO THE MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: (ON THE AMENDMENT) COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. VOTE: (ON THE MAIN MOTION, AS AMENDED) COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. Commissioner Miller left the Commission Chambers at 10:48 p.m. PUBLIC HEARINGS 206. Office Of The City Attorney Requests That The City Commission Approve On First Reading Ordinance 2006-03 Providing Standards And Criteria For Limiting Residential Densities Of Future Development Projects Within The City Of Winter Springs. Mayor Bush stated, "Can we have a Motion to read by 'Title' only?" "SO MOVED." MOTION BY COMMISSIONER McGINNIS. SECONDED. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 24, 2006 PAGE 20 OF 42 VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE Commissioner Miller returned to the Commission Chambers at 10:50 p.m. COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. Attorney Garganese read Ordinance 2006-03 by "Title" only and stated, "There is one correction I just want to add to the standards that are being proposed and that is subparagraph number (5), where it says 'The proposed residential density shall not result in the overcapacity of the Seminole County School System.' I want to add the language, 'As provided in a local Agreement with the School District'." 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 APPROVE ON FIRST READING, ORDINANCE 2006-03." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. PUBLIC HEARINGS 207. Community Development Department Presents A Request For Modification To A Conditional Use To Allow Multiple Family Dwellings In The C-l (Neighborhood Commercial) Zoning District Pursuant To Section 20-234. Of The Zoning Chapter Of The City's Code Of Ordinances. 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. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 24, 2006 PAGE 21 OF 42 Mr. Stevenson addressed the City Commission. Discussion. Mr. Stephen Gooch, 338 North Shadowbay Boulevard, Longwood, Florida: as a limited partner, Mr. Gooch spoke of issues with safety and said, "We feel the fourteen (14) families that will be living in our little town home neighborhood, would be safer not to have a public access through it. We would like it to be a private road that goes in and out and that is it." "I RECOMMEND THAT WE APPROVE IT." MOTION BY COMMISSIONER MILLER. MOTION DIED FOR LACK OF A SECOND. ''MOTION TO DENY." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER MILLER: NAY COMMISSIONER GILMORE: AYE MOTION CARRIED. "MOTION TO CONTINUE." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. .:. .:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS HEARD NEXT, FOLLOWED BY THE REST OF THE AGENDA, AS DOCUMENTED. .:. .:. REGULAR AGENDA CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 24, 2006 PAGE 22 OF 42 REGULAR 306. Office Of The City Manager Providing The City Commission The Cell Tower Report. Mr. Arthur K. Peters, P.E., Consulting Engineer, 5422 Northwest 9ist Boulevard, Gainesville, Florida: reviewed aspects of his Report with the City Commission. Tape 4/Side A Mr. Peters noted that he had some issues with the City's Ordinance and remarked, "Technical need - and how would this Commission be well directed to make decisions based on technical considerations of applications - do those technical considerations need to be in your Ordinance? The answer is really no, but what you should have in your Ordinance which is not there now, is a list of data or information that you require for any kind of an Application that comes up in the future." Next, Mr. Peters then said, "I am hoping that - your current Ordinance will be changed to allow the communications needs of the City to be driven by the technical characteristics of cellular systems, and not necessarily by where we think we would like a tower to be placed; although the other half of that issue is that while the technical characteristics of cellular systems drive the location of a cell site - certainly the aesthetic conditions, the type of tower - the look of the tower, what's involved in the land and the character and nature of the particular community should be a more or less a political situation." Furthermore, Mr. Peters explained, "Presently, your Ordinance requires that there shall be no new sites, cellular sites until all the designated sites that are currently in the Ordinance are occupied. The map that I have provided will give you an idea that several of those sites, one (1), two (2), three (3) of the sites, currently have nothing on them and there is little chance that they ever will. The reason for that is that the carriers are currently positioned in spots around the periphery of the City and - they have established communications systems at that point. Those established cell sites are so close to the ones that are required that it's unlikely that they'll ever place another cell site on your particular designated points. So, I would suggest that that restriction be removed so that - they can get on with - providing the communication services." Discussion. Regarding tower heights, Mr. Peters commented that, "If you decide that you want to change your Ordinance, I can suggest some language to put in it that causes the Applicant to give you enough information that you can verify that the tower height that they are proposing is a necessary tower height." Much discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 24, 2006 PAGE 23 OF 42 Commissioner McGinnis stated, "Mr. Peters has agreed that he would work with Staff. They will bring back a - draft of a Code." Tape 4/Side B With discussion, Mr. Peters stated, "There are a couple of very good Ordinances out there that have recently been adopted, County type Ordinances and 1'd be pleased to work on your behalf and see if we couldn't craft a pretty good Ordinance." Furthermore, Mr. Peters suggested, "What we could do is, sort of craft this Ordinance if this is okay with the Commission, in a way that perhaps will make the process easy, the workload that you folks have to do, employ perhaps some requirements for Applications for new towers that would permit review." "I MOVE THAT MR. PETERS WORK WITH RON [McLEMORE], COME BACK TO US NO LATER THAN NINETY (90) DAYS WITH RECOMMENDATIONS FOR CHANGES TO OUR CODE." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Attorney Garganese said to Manager McLemore, "We have a pending Ordinance, that's correct. But there are obviously other legal issues that we'd have to look at, but we do have a pending Ordinance, based on the direction of the Commission this evening." REGULAR AGENDA REGULAR 300. Community Development Department - Planning Division Requests That The Commission Consider The Final Subdivision/Engineering Plans For The Proposed Talis Crossing Subdivision. Mr. Baker introduced this Agenda Item. "MOTION TO API>ROVE." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 24, 2006 PAGE 24 OF 42 VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. REGULAR 301. Community Development Department - Planning Division Requests That The Commission Consider That Final Subdivision/Engineering Plans For An 84 Unit Residential Condominium Development With An Associated 6,000 SF (Square Foot) Commercial Component Known As Saratoga Condominiums And Grant A 6-Month Extension To The C-l Conditional Use Permit. Mr. Baker presented this Agenda Item and stated, "We would recommend a couple minor . changes - that are looking at a bunch of thirty foot (30') taIllights, we would like to see the lights down around the twenty to twenty-two feet (20 - 22') and we have found two (2) conflicts between some trees and some lighting. Now, there is no Code prohibition on the thirty foot (3D') tall lights, we do believe to be more consistent with the rest of the City to be down around the twenty to twenty-two feet (20 - 22') and there is no Code violation with having a tree that conflicts with the light, but we don't think it's in the best interest to have that, so we do recommend those two (2) minor modifications." Commissioner Miller commented that he did not like the square retention pond and stated, "There is another retention pond just behind that one..." Mr. Baker said, "...That is off site." Commissioner Miller continued, "I know it is off site, but my thought was it would be a much better looking area if some way could be found to just connect it to the - probably the City would have to do it I suppose. We might end up with a lake that's not another square retention pond. It could actually become a water feature, that would probably really enhance the - value of that whole area." Mayor Bush asked, "If the Commission is in agreement with Commissioner Miller, Staff could look at this and come back with some recommendations?" Commissioner McGinnis said, "If it is possible?" Furthermore, Mayor Bush said, "Is the Commission in agreement with Commissioner Miller - that Staff look into this..." Commissioner McGinnis remarked, "... We need to find who owns it first?" Mayor Bush noted, "That would be part of it." Commissioner Krebs stated, "Yes." Commissioner Gilmore added, 'Yes. Mayor Bush then said, "We have Consensus on that. " "MOTION TO APPROVE." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 24, 2006 PAGE 25 OF 42 VOTE: COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. Mr. Baker then asked for clarification by saying, "Does that include Staffs and P&Z's [Planning And Zoning Board/Local Planning Agency's] recommendations?" Mayor Bush stated, "Yes, the -lower lights I think is what you mentioned." REGULAR 302. Finance Department Requests That The City Commission Adopt Resolution Number 2006-22 Amending The Fiscal Year 2005-2006 Budget. Manager McLemore briefly spoke on this Agenda Item. "I WILL RECOMMEND THAT WE APPROVE ITEM '302' - ADOPT RESOLUTION 2006-22 AMENDING THE FISCAL YEAR 2006 BUDGET." MOTION BY COMMISSIONER MILLER. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER McGINNIS." DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. REGULAR 303. Office Of The City Manager Requesting That The City Commission Establish The FY (Fiscal Year) 2007 Budget Calendar And Pre-Budget Workshop As Requested By The Commission. --.---- Discussion followed with Manager McLemore and Ms. Kelly Balagia, Budget Analyst, Finance Department regarding Workshop dates. Mayor Bush asked, "Would it make sense Ron [McLemore} at this point, if we adopt your recommendation; and the Commission then could go back and look at that time between June 20th [2006} and July 17th [2006} - those are the Workshops that the Commission would have to set the dates?" CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 24, 2006 PAGE 26 OF 42 Mayor Bush then said to the Commissioners, "Does that make sense that we would all look at our calendars between the 10th and the 17th? I think what Ron [McLemore] is saying is they will be ready to do the Workshops by June the 20th." Commissioner McGinnis remarked, "That is good." No objections were noted. Commissioner Miller noted, "Weren't we supposed to have a Workshop that was cancelled? We need to reschedule that." Discussion. With discussion on possible dates, Mayor Bush asked, "May the 10th [2006]?" Commissioner Gilmore stated, "That is good with me." With no objections, Mayor Bush stated, "May the 10th." Mayor Bush added, "Let's start at six o'clock." Commissioner McGinnis commented, "Okay." Commissioner Gilmore noted, "Alright, sounds good." No objections were voiced. Discussion ensued on the date of June 19, 2006, to which Mayor Bush asked, "Has anybody else got a problem with the 19th? Is there some reason we can't meet?" Commissioner Krebs noted, "Some people thought it was a Regular Commission Meeting. It is not." "MOTION TO ACCEPT THIS CALENDAR - ADDITION OF MAY 10TH - SIX O'CLOCK." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. COMMISSIONER GILMORE ASKED, "WHEN ARE YOU GOING TO WORK FURTHER ON TIUS BUDGET?" MAYOR BUSH STATED, "WHAT WE SAID THERE WAS THAT YOU ALL WOULD LOOK AT YOUR CALENDARS AND COME BACK WITH SOME WORKSHOP DATES THAT WOULD FALL WITHIN THAT JUNE 20TH [2006] - JULY 17TH [2006]. I DON'T THINK WE COULD SET THOSE NOW." VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 24, 2006 PAGE 27 OF 42 REGULAR 304. Community Development Department - Planning Division Requests That The Commission Consider The Second Modification To The Development Agreement For The 3.16 Acre Property On The Southeast Corner Of Moss Road And State Road 434 Which Includes The State Farm Insurance Building, The O'Mei Gongfu Academy And A Future (Office) Building. Mr. Stevenson spoke on this Agenda Item. Commissioner Gilmore left the dais at approximately 12:46 a.m. Discussion. "MOTION TO APPROVE ITEM '304'." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE (VOICE VOTE AUDIBLE FROM THE ROOM BEHIND THE DAIS) MOTION CARRIE)). Commissioner Gilmore returned to the dais at approximately 12: 48 a. m. REGULAR 305. Not Used REGULAR 307. Community Development Department Requests The City Commission Approve A Site Development Permit Agreement For Main Street Associates, LLC *(Phase IIA Of The Winter Springs Town Center) For Site Clearing On Phase IIA Of ~he Winter Springs Town Center. Mr. Stevenson introduced this Agenda Item. Commissioner Krebs asked if they could donate to the Tree Bank? Manager McLemore asked, "Do you want me or Staff to try to work out some kind of an Agreement with the Developer for some kind of contribution to your Tree Bank? I would recommend to you that - it shouldn't be something that should be huge, but it certainly would be a way to replenish some of your trees in the City by a reasonable - contribution." Commissioner Krebs stated, "Yes." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 24,2006 PAGE 28 OF 42 Commissioner McGinnis remarked, "My answer is yes too, recognizing of course this can't be held to the same standards." Commissioner Krebs added, "Correct." Commissioner Gilmore noted, "Yes." Commissioner Miller also said, "Yes." Mayor Bush noted, "You have Consensus then Mr. McLemore to moveforward on that." Manager McLemore then asked, "Do you want to give tentative approval to this tonight, subject to me working out something with the Developer?" Commissioner McGinnis remarked, "Yes." Commissioner Krebs added, "Yes." Manager McLemore then asked, "Do you give me the latitude to do it without having to bring it back to you?" Commissioner McGinnis remarked, "Yes." Commissioner Krebs said, "I would agree to that too. " Discussion. "I MAKE THE MOTION THAT WE APPROVE ITEM '307' ALLOWING SITE DEVELOPMENT TO PROCEED ON PHASE IIA OF THE TOWN CENTER." MOTION BY COMMISSIONER GILMORE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER KREBS: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. REGULAR 308. Office Of Commissioner Joanne M. Krebs Requests That The City Commission Discuss Agenda Item ADD-ON's And Agenda Items Or Portions Of Agenda Items Not Being Available Until A Later Date. Commissioner Krebs began the discussion on this Agenda Item. Tape 5/Side A Commissioner Krebs said, "I do hear every time we have an ADD-ON, 'Not another one.' It causes delays in us getting our packets. And so, 1 wanted to discuss that, and, maybe - whatever the Commission desires. 1 mean, some of the things we are not even doing, 1 don't think - we limit ourselves to five (5) minutes and then go on to the next person for five (5) - but that was the direction that was given. If you look, you can see that we have had Amended Agendas fifty percent (50%) of the time in the Commission Meetings that were tallied on this, and so I would like to know your thoughts and what you think we should, or how you take care of this?" CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 24, 2006 PAGE 29 OF 42 Mayor Bush said, "I think everyone saw Mr. McLemore's response to this." Commissioner Krebs replied, "You got the response, but you didn't know what this said." Mayor Bush agrees, "Yes, it is true." Commissioner Krebs says, "Obviously - if it is an emergency, it is an emergency; but sometimes I think that excuses make it - easier to give an excuse and justify why you are doing something as an emergency. I don't know that fifty percent (50%) of the time we have emergencies." Commissioner Gilmore stated, "I am not as concerned as much about the ADD-ON's as I am sometimes about the amount of the Agenda. When I picked up my Agenda package, I knew we were in for a - sometime between 2:00 a.m. and 3:00 a.m.; and I think everybody else did." Commissioner Gilmore added, "I don't know why we don't put those in the beginning. Certainly we should have the foresight on how long it's going to take and then we have to set another Meeting, fine. But, for us to sit here until 2:30 or 3 o'clock in the morning, knowing we're going to do it - that to me is ridiculous. It is one thing if it happens by accident, but - when we know it is going to happen, that I just don't understand. " Discussion ensued on holding Workshops prior to Commission Meetings. Manager McLemore stated, "As far as the length of the Agendas, I would need to know what your direction is, I mean, you could choose to meet on your off Monday when we have a huge Agenda - see I don't know what to do with these other than try to get the people's business to you as - fast as we can." Mayor Bush commented, "One of the things I think that could be done, and Mr. McLemore, I think, has always made himself available to the Commissioners to meet with them - we have a lot of discussion - some people talk for fifteen (15), twenty (20) minutes on an item. And you know, this is something that I think, if they would have sat down with Mr. McLemore in advance, many of their questions would have been answered and 1 think our Meetings would move a little quicker. Of course that means, you still - have to put in the extra time, one way or the other." Commissioner Krebs noted, "No, I don't necessarily agree with that, Mayor, because many times I have questions after I hear other Commissioner's comments on a subject." Commissioner Krebs continued by saying, "But you know what, that is still not the complete issue here. Part of the issue is, when we do have ADD-ON items, we, or it's the ADD-ON items, but it's also the fact that we get our packets later. And sometimes I don't have the chance to review them - with as much time available as I would like." Commissioner Krebs further stated, "And not only that - it is a snowball effect. It also puts more pressure on that team, us, and yes, I mean, if maybe there's other solutions - working on other Mondays - doing Monday, Tuesday?" CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 24, 2006 PAGE 30 OF 42 Furthermore, Commissioner Krebs added, "To Commissioner Gilmore's point, when you have a large Meeting Agenda as we did tonight, maybe looking at it and seeing that we should have maybe broken it up or something because it's true, 1 mean, it's going to be 2 o'clock, if we're lucky, 2:30 before we even get through this." Mayor Bush says, "Commissioners, maybe, what about this, as a recommendation - on an ADD-ON item, that before we actually discuss it, the Commission would decide whether or not they've had ample time to review it. And if you don't think you have, you just have to Table it to the next Meeting. Now if it's an 'Emergency', then Mr. McLemore would just have to make the case - 'This is truly an emergency and even though you haven't had time to review it, we need to take the time now to do it;' and if we have to take a recess to do it. we do it. That way, it would give the Commission the ability to say, 'I didn't have time to look at this'; 'I don't want to go to 2 o'clock this morning'; or whatever - and it would be your decision at that point." Continuing the conversation, Mayor Bush stated, "We really haven't done it that way even though 1 think we always knew we could have." Commissioner Krebs asked, "And when do we discuss it?" Mayor Bush replied, "We would bring it up and say, 'This is an ADD-ON. Have you had time to review it? Do you want to take it tonight?' And if you don't, then we would say that we need to Table it or if Mr. McLemore would say - 'This is an absolute, we've got to do it tonight because the world is going to end tomorrow.' Then we could take a Recess, we could have time to review it, come back. 1 mean, if it is truly an emergency." Commissioner Krebs remarked, "Okay. So that's fine. So then now let's address - the Office that has to wait to get all of these items until a certain time, late, just to get it out to us - what are we going to do about that? It's our Office, she's our Clerk, she works for us, what are we going to do?" Manager McLemore suggested, "Now what we can do, we can try to make it all come in by Tuesday, so that we can have everything together, hopefully, to hand over on Wednesday; or we can - do that, and do the best we can; but those late items are going to just continue to trickle in, but we can try to do that." Commissioner Krebs then asked, "Whoever is preparing the items, the Department Heads or whoever - is in charge - what is their charge? What are they charged with getting to their time frame? And when they don't meet it, what happens? Tough?" Commissioner Krebs continued, "If you've got ajob, you need to be able to do it." Manager McLemore said, "We can try to have everything come in on Tuesday and try to have everything done and ready by the end of the day on Tuesday, which means 1 have to shift our Staff Meeting to Tuesday, because our Staff Meeting is where we try to get everybody together and answer all of the questions that are still out there hanging." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 24,2006 PAGE 31 OF 42 Commissioner Krebs then stated, "Isn't that a scheduling - situation, problem or whatever? I mean, if you have it scheduled a certain - if you move the schedule to meet the schedule that you need - we're supposed to have it by 5 o'clock on Wednesday; so having the Clerk's Office work until 8:00 [p.m.], what good is that doing us if we want to come by and get our packets at 5:00 [p.m.]?" Manager McLemore said, "We will try to do that." Commissioner Krebs then noted, "I am not saying it is easy. It is tough. But everybody has to buy into it, everybody from the Department Heads who are - I guess that is who fills out these items..." Manager McLemore stated, ".. . Right. .." Commissioner Krebs continued, ".. .Fills out these items. Everybody has to buy into it, that's the six sigma thing. Everybody has to buy into it, otherwise it doesn't work." Mayor Bush commented, "I agree with Commissioner Krebs here. It can't just be the Clerk's problem. And that is kind of what it sounds like it is, it's 'Well, ifthe Clerk will just work till 10 0' clock at night', but it also means these other people - are they working till 10 o'clock - the night before, to get it in?" Manager McLemore commented, "Everybody in the City is really busting up because we are just in an unusual time frame. And I had a discussion with you about three (3) or four (4) months ago that you're going to do three (3) years of work this year." Commissioner Krebs says, "Well then maybe we ought to look at some things to change that 2:30 [a.m.] Monday night thing, and I know Anthony [Garganese] you are not available every night either, but - if we are going to have to make those types of decisions - I just wanted to bring this out again. I know it's been a problem. I've been hearing at every Meeting, welL not every Meeting, that is an exaggeration, but almost every Meeting and - I just know, that I can see everybody is burdened." Manager McLemore remarked, "We will try to make a fix here." Mayor Bush suggested, "There might be some time that we might need to have a Monday night and then follow up with a Tuesday night Meeting." Commissioner Krebs agreed and said, "Exactly." Mayor Bush added, "l think it would be better to do than to try to cram things in until 2 o'clock in the morning." Commissioner Krebs said, "Mayor, I agree." Commissioner McGinnis stated, "I do too." Manager McLemore suggested, "Or start earlier." Mayor Bush agreed and said. "Or we could start earlier, that is true." Commissioner McGinnis remarked, "Yes." ..... Commissioner Miller suggested, "I think, you need to keep the Meeting moving along, Mayor." Mayor Bush stated, "I would be glad to do that." Mayor Bush then said, "You will start doing the jive (5) minute thing? You speak once on it and that is it?" Commissioner Miller replied, "You know, I have never had a problem with the five (5) minutes. I know there are several of the Commissioners that have said, 'No, I am sorry, but I really need to get to the bottom of everything'." Mayor Bush said, "That is fine with me." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 24, 2006 PAGE 32 OF 42 Then, Commissioner Miller said, "Something with that particular item maybe ought to just be Tabled until tllC next Meeting; because if people have a lot of questions and we're going to be here all night, for an hour on an item, let's just postpone it until the next - Commission Meeting and move on. But, I mean obviously, I am just as guilty as everyone else becausc you allow it to happen." Mayor Bush noted, "Well, personally, 1 have always felt that it was as Elected Commissioners you should have your say on items." Mayor Bush added, "Well, I will start enforcing the five (5) minute rule." Commissioner Krebs inquired, "Commissioner, would you agree or not agree that if we do have a very large Agenda that we could have the Manager look at it and say, 'Well, this one might be where you want to break it up into two (2) Meetings;' and then have back-to-back Meetings?" Commissioner Miller stated, "If he knows it is going to be a three (3) or four (4) hour Meeting - and we can get it done by 11 o'clock, and that's good. If it is a bigger Agenda than that, I think it is up to the - Mayor to keep the Meeting moving along." Commissioner Krebs agreed and said, "Right." Commissioner Miller then remarked, "I think it would fall apart very quickly, to be honest with you. Because to say we automatically go to the next night, I mean, 1 don't think any of us are going to block Mondays and Tuesdays, two (2) days a month, right, or four (4) days a month right now, just in case." Commissioner Miller added, "I do have a problem with late Meetings, but I think if the Meeting moves along during its entire course, I think we can get it done a lot earlier." Mayor Bush stated, "I will start that next Meeting with the fivc (5) minutes." Commissioner Miller added, "If we don't get through the Agenda, that item, let's postpone it." Mayor Bush agreed and said, "Let's try that; and then some 0 l' the other things that Commissioner Krebs has mentioned in terms of Staff." Commissioner McGinnis stated, "Good." Manager McLemore suggested the Commission agree that "'We just can't handle this tonight. When can vh' meet? Can we cut this up and meet another night?' - and pick a night that everybody can meet and everybody that is here is forewarned of your date." Commissioncr Krebs then stated, "Right, I agree to trying whatever we can to move it along and then also at the same time though getting us our packets so - I can have time to read them, to even ask you the questions." Manager McLemore added, "Again on the ADD-aN's, I just need you to say, 'What's the reason for this ADI)-ON', and put the burden on me to convince you that you need to deal with it." Commissioncr McGinnis stated, "Okay." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 24, 2006 PAGE 33 OF 42 REGULAR 309. Office Of The City Clerk Requests That The City Commission Consider The Request From The Seminole County Supervisor Of Elections And Make Any Decision They Deem Necessary. Discussion. "I MOVE THAT WE INVITE THE SUPERVISOR OF ELECTIONS TO COME BEFORE US AND PRESENT HIS CONSIDERATIONS FOR - EARLY VOTING." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. REGULAR 310. Community Development Department - Office Of The City Arborist Recommends The City Commission Consider The Request Of Vanessa Brown of 767 Blades Court To Remove (1) Specimen Tree Located On The Resident's Private Lot. "MOTION TO APPROVE STAFF RECOMMENDATION ON ITEM '310'." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER KREBS: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. CONSENT AGENDA CONSENT 400. Utility Department Requesting Authorization To Purchase One (1) Harben Truck Mounted Jetting Machine Used For Sewer Cleaning And Blockage Removal. There was no discussion on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 24, 2006 PAGE 34 OF 42 CONSENT 401. Public Works Department Requesting Authorization To Enter In A Contractual Agreement For The Installation Of Roadway Underdrains On Various City Streets. No discussion. CONSENT 402. Public Works Department Requests The City Commission Validate The Staff Recommendation Finding The Apex Transmission Site To Be Built In Substantial Accordance With The Final Engineering Plans. This Agenda Item was not discussed. CONSENT 403. Office Of The City Manager Requesting That The City Commission Consider Endorsing City Of Lake Mary Commission Member, The Honorable Gary Brender, To The Seminole County Expressway Authority (SCEA), In Coordination With The Council Of Local Governments In Seminole County's (CALNO) Recommendation. There was no discussion on this Agenda Item. CONSENT 404. Office Of The Mayor And Office Of The City Manager Asking The City Commission To Approve The Attached Resolution 2006-03 Related To Supporting Legislation To Make Driver Education Mandatory In Public High Schools. No discussion. CONSENT 405. Office Of The City Clerk Requesting Approval Of The April 10, 2006 Regular City Commission Meeting Minutes. This Agenda Item was not discussed. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 24, 2006 PAGE 35 OF 42 CONSENT 406. Office Of The Mayor Requesting That The City Commission Approve Resolution Number 2006-24 And Sending Letters Of Endorsement To Our Legislators Regarding Community Development Block Grant (CDBG) Funding. There was no discussion on this Agenda Item. "MOTION TO APPROVE COMMISSIONER KREBS. DISCUSSION. CONSENT AGENDA." MOTION BY SECONDED BY COMMISSIONER McGINNIS. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. INFORMATIONAL AGENDA INFORMATIONAL 500. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. Commissioner McGinnis said, "Page 11, 'Planning staff signed off on the revised lighting plan'." Commissioner McGinnis then said, "Yes (32) - Item (32). Well, anyway, I would like to know that - I already had a couple of complaints about it. They are really industrial types, they look like the shopping center. But, so I see your Staff signed off on the revised Lighting Plan. I don't know what that means." Mr. Baker said, "I'd have to go back and report back to you on that. I don't remember the details." Commissioner McGinnis said, "You let me know. I would appreciate it." Further brief discussion. INFORMATIONAL 501. Public Works Department Advising The City Commission Of The Status Of Various Capital Improvement Projects. No discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 24, 2006 PAGE 36 OF 42 INFORMATIONAL 502. Public Works Department Providing the Commission Information Regarding The Legacy Park Mixed-Use Project In Casselberry And The Potential Traffic Impacts To The City Of Winter Springs. Commissioner Miller stated, "One of the things that concerns me about this development going in, in Casselberry - just behind the Ranchlands, I was led to believe - there was not an access road that was going to be into Murphy Road. Now it turns out, there is an access road there and this - Agenda Item informs us that it may be expected to be closed - it says, 'temporary access road is expected to be closed and maybe utilized as an emergency access location'." Commissioner Miller then stated, "I have a feeling that whatever they coordinated with us, if it didn't have the street on it, then we need to take this up with it very seriously." Additionally, Commissioner Miller noted, "If they are going to have an - some kind of exit on that road, I would like to make absolutely certain that that is really what is, and it is not going to be accessible." Commissioner Miller added, "Find out what is going on." Mr. Brian Fields, P.E., City Engineer, Public Works Department stated, "Okay, we'll look into it." Discussion. INFORMATIONAL 503. Information Services Department Wishes To Update Commission On Status Of City Telephone Operator Move. There was no discussion on this Agenda Item. INFORMATIONAL 504. Office Of The City Manager Informing The Commission Of Resolution Of The Tree Issue At Jesups Reserve. This Agenda Item was not discussed. "MOTION TO APPROVE" INFORMATIONAL AGENDA. MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 24, 2006 PAGE 37 OF 42 VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. REPORTS REPORTS 600. Office Of The City Attorney - Anthony A. Garganese, Esquire Attorney Garganese spoke of a Closing on Kristi Anne this week. Next, Attorney Garganese advised the City Commission that the City prevailed in the Potchen case. REPORTS 601. Office Of The City Manager - Ronald W. McLemore Manager McLemore spoke of a meeting with the School Board Superintendent and Deputy Superintendent and explained, "The first one was about the problem with solid waste and this franchise problem that we are having with them. They are saying that they have a current service and they don't want to use our service provider because the rates are higher. After a lengthy discussion, what we agreed to was we would talk with our provider and see if he would agree to allow them to continue through the term of their contract. And, then they would agree voluntarily to corne under our Franchise Agreement from that point forward, so I will be meeting with them in the morning to talk about that." Secondly, Manager McLemore remarked, "We also talked about the possibility of using their facility as a petroleum site for us - fuel site, and they are going to be looking into that." Thirdly, Manager McLemore advised the Commission that "The buses - they've agreed that we can continue using buses for July the 4th as long as we have a Police Officer on each bus." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 24, 2006 PAGE 38 OF 42 Fourth, Manager McLemore said they then discussed if "Winter Springs school needs are met - through build-out. And the answer was if we had one (1) more Middle School in Winter Springs, Winter Springs' school needs would be met. That was the answer we had. It requires twenty (20) acres of land, and so I have got Staff looking to see where we might come up with twenty (20) acres of land." REPORTS 602. Office Of The City Clerk - Andrea Lorenzo-Luaces, CMC No Report. REPORTS 603. Commission Seat Two/Deputy Mayor - Michael S. Blake Absent. REPORTS 604. Commission Seat Three - Donald A. Gilmore Commissioner Gilmore inquired, "When are we getting the ID badges on the people, the name badges, tell who they are and where they work?" Manager McLemore responded, "You and I are supposed to meet and go over my report with you and to an agreement of what we need to do." Commissioner Gilmore asked Manager McLemore, "When are we going to meet?" Manager McLemore noted, "The first of next week?" Commissioner Gilmore then replied, "I guess." Commissioner Gilmore said to Mr. Kip Lockcuff, P.E., Director, Public Works/Utility Department, "U-turns on [State Road} 434, when is that due...?" Mr. Lockcuffreplied, "...They said a complete draft would be available to us in about four (4) weeks. This is about a week ago, so about three (3) weeks from now we expect to have that more complete draft from DOT [Department of Transportation}. " Manager McLemore stated, "The question is do you want to make a record demand of their draft?" Mayor Bush again asked, "Do you want to make a records demand, Commissioners?" Commissioner Gilmore responded, "Yes, let's do it." Both Commissioner McGinnis and Commissioner Krebs also stated, "Yes." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 24, 2006 PAGE 39 OF 42 Commissioner Gilmore than spoke about Agenda Items saying, "On the Agenda Packages on Developments, I will tell you, I read some of this stuff that is in these and it sounds to me, Randy [Stevenson], like we are the salesmen for the projects. Not only do we come out with all these flowery terms - we even put - smiley faces on the front of the Agenda package." Commissioner Gilmore noted, "Can't we rephrase - terminology." Commissioner Gilmore added, "I think we need to go through and recognize that our job is to report what we see, the findings, and not be the salesmen for the project." Mr. Stevenson replied, "We can look at that Commissioner. The Agendas are set up such that a lot of the questions that we answer necessitate some of the more flowery language, but we'll try to stick to reporting just the facts." Commissioner Gilmore also said, "I understand, and leave the smiley faces off. I don't see the necessity of a smiley face." Manager McLemore noted, "Should we not say it's a great project if it's a great project?" Commissioner Krebs said, "I think you should. I want to know that. I want to know how the Planner feels." Commissioner Gilmore retorted, "That's one person's opinion." Manager McLemore said, "You're the final decision makers, but your Staff has got that burden, particularly with Aesthetic Reviews, of trying to say we've reviewed the Aesthetic Review and here's what we think about it, isn't that what we're supposed to do?" Commissioner McGinnis stated, "Yes." Commissioner Krebs added, "Yes." Commissioner Gilmore remarked, "I'm not sure that you are to do it in the manner that I read these things." Commissioner McGinnis said, "I have no problem with it." Manager McLemore stated, "Well, I agree, there shouldn't be smiley faces." Commissioner McGinnis added, "I mean, I don't like the smiley face on anything." Commissioner Gilmore remarked, "Well, you do what you have to, I - sometimes wonder if it's, I think we over do it." Commissioner Gilmore then advised the City Commission that, "My duties as outgoing President of the Rotary Club are going to be tying me up rather heavy for the next - two (2) to three (3) months - I am not going to be able to do fairness with the City/County Consolidation Committee, so I would like a little relief to get off that for, let's just say three (3) months." Mayor Bush said, "I would like to recommend we appoint Mr. Blake to that position." "I MOVE WE APPOINT MICHAEL BLAKE TO SERVE ON THAT COMMISSION." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 24, 2006 PAGE 40 OF 42 VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. Brief discussion followed on the Rotary organization. REPORTS 605. Commission Seat Four - Sally McGinnis Commissioner McGinnis briefly mentioned State Road 434 and the Department of Transportation. Next, Commissioner McGinnis stated, "Ron [McLemore], will there be Staff attending the Workforce Housing Conference, and I hope so..." Manager McLemore said, "...We'll make sure that someone attends from Randy's [Stevenson] shop." Commissioner McGinnis said, "Good." REPORTS 606. Commission Seat Five - Joanne M. Krebs Commissioner Krebs stated regarding the Veterans Memorial ride on Sunday, "I just want to say that the ride that we did the other day was really, really great; and that Lieutenant - Maxwell did an excellent job in coordinating everything as did all the other officers that were there working, as well the other cities." Commissioner Krebs added, "Kudos to them, and thank you very much!" Commissioner Krebs said to Manager McLemore, "Ron [McLemore], if you could just send out to your Staff covering, I guess all the Staff, that in the future on any kind of events that we are invited to, to also copy the Clerk's office so that we can have it posted." Manager McLemore asked of Commissioner Krebs, "Can you give an example?" Commissioner Krebs then said, "Well, for instance, the ride was not. And then in the past it's been the - Sunday dinners at the Senior Center - just to name a few. I mean, I know that I'll - just send a message saying I am going to be here. I don't know if anybody else is." Commissioner Krebs added, "I did notice that even something's here, I know, it's just if you could just send one of those quick memos 'By the way, don't forget'." Manager McLemore said, "Okay." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 24, 2006 PAGE 41 OF 42 Tape 5/Side B REPORTS 607. Office Of The Mayor - John F. Bush Mayor Bush spoke of attending a recent meeting at the Sanford-Orlando Airport and stated, "Larry Dale who is the Executive Director announced that there is a new airline flying directly from Orlando-Sanford to Scotland; and I think it would be worthwhile if we explore looking into having a Sister City in Scotland, especially since the Highland Games are in our City. I talked to [Larry] Dale about this and he was very much in favor of - taking this forward and I told him - I had needed to bring this to you all tonight. Is this something the Commission would like to continue to explore the possibilities?" Commissioner McGinnis said, "Yes." and to "Explore it." Mayor Bush added, "It was very positively received by the Board of the Airport. They thought it was a great idea; and so they had some ideas that would possibly help us for the Highland Games." Mayor Bush then remarked, "Tomorrow at noon, Mr. McLemore and I are meeting - at the Winter Springs Golf Course. Mayor Bush finished with, "I would like to ask that we have a Special Meeting on May the 15th for the sole purpose of reviewing what the Commission, what's going on in the Joint City/County meetings. Steve Glazier who - is a representative, who lives in Winter Springs, and represents Winter Springs as a citizen - I have asked him to come to relay his impression on some things. There are some issues coming down that are going to be very important to us on what stands we take - Fire Department is one of them. Water is another one - Stormwater was the third one." Commissioner McGinnis said, "Okay." Mayor Bush added, "So that will start at 6:30 [p.m.] on the 15th." Lastly, Mayor Bush spoke on the discussion related to the Black Hammock and asked, "Does the Commission want to annex property into the Black Hammock?" Commissioner McGinnis stated, "No." Commissioner Krebs noted, "I don't want to go there." REPORTS 608. Commission Seat One - Robert S. Miller No Report. ADJOURNMENT Mayor Bush adjourned the Regular Meeting at 1 :50 a.m. RESPECTFULLY SUBMITTED: DEBBIE FRANKLIN, DEPUTY CITY CLERK ANDREA LORENZO-LUACES, CMC CITY CLERK APPROVED: JOHN F. BUSH MAYOR CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 24,2006 PAGE 42 OF 42 NOTE: These Minutes were approved at the , 2006 Regular City Commission Meeting. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING APRIL 24, 2006 CALL TO ORDER The Regular Meeting of Monday, April 24, 2006 of the City Commission was called to order by Mayor John F. Bush at 6:30 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Mayor John F. Bush, present Deputy Mayor Michael S. Blake, absent Commissioner Robert S. Miller, present Commissioner Donald A. Gilmore, present Commissioner Sally McGinnis, present Commissioner Joanne M. Krebs, present City Manager Ronald W. McLemore, present City Attorney Anthony A. Garganese, present Mayor Bush mentioned that Deputy Mayor Michael S. Blake could not be here due to a family members' serious illness. A moment of silence was followed by the Pledge of Allegiance. Regarding Agenda Changes, Mayor Bush remarked, "I am going to move '306' to the top of the Regular Hearings - after the Public Hearings." .:..:. AGENDA NOTE: THE FOLLOWING "AWARDS AND PRESENTATIONS" WERE HELD NEXT, FOLLOWED BY THE REST OF THE AGENDA, AS DOCUMENTED. .:..:. Mayor Bush presented Fire Chief Timothy J. Lallathin with some City memorabilia in honor and thanks for his thirty (30) years of service to the City of Winter Springs. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 100. Office Of The Mayor Presenting The 2006 State Of The City Address. This Agenda Item was not discussed. CITY OF WINTER SPRINGS, FWRIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 24, 2006 PAGE 2 OF 42 AWARDS AND PRESENTA nONS 101. Office Of The Mayor And Office Of The City Manager Recognizing The City Of Winter Springs For Receiving The 30th Anniversary - 2005 Tree City USA And 2005 Tree City Growth Awards; And Recognizing Mr. Michael Mingea, City Forester, Community Development Department, For His Efforts With The City's Arbor Program And With Our Annual Arbor Day Celebration. Mr. Mike Mingea, City Arborist, Community Development Department was acknowledged for his efforts with the Tree City USA and Arbor Programs. PUBLIC INPUT Mr. Tom Brown, 717 Adidas Court, Winter Springs, Florida: spoke on behalf of the Wedgewood Tennis Villas on unsightly garbage containers and asked the City to pass an Ordinance requiring Homeowner's. Associations to make sure that garbage containers are kept out of sight. Commissioner Robert S. Miller suggested, "I think we ought to instruct Staff to see what other cities are doing, come up with an Ordinance and then review it where maybe you have to put them out the day of collection and take them off the street - before midnight that night. " Commissioner Joanne M. Krebs said, "I know that we have something on the books that tells us when to take our trash out and when to bring it back in. I don't necessarily think we need to go to another City to find out what they are doing, we just need to figure out what it is what we want to do, and then do it. " Mayor Bush noted, "Commissioners, if you agree, ask Mr. McLemore to study the situation and come back with some recommendations. " Commissioner Sally McGinnis added, "I would like to have Code Enforcement involved in that This could be a full-time Code Enforcement job, you realize that. " Mayor Bush then said to Mr. Brown, "Why don't you work with Mr. McLemore on this..." Mr. Brown stated, "...I will" Mayor Bush then said, "Commission, all in agreement on this?" Commissioner McGinnis commented, "Bring something back." No objections were noted. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 24, 2006 PAGE 3 OF 42 Mr. John Hogan, 105 Arrowhead Court, Winter Springs, Florida: remarked about Regular Agenda Item "306" and spoke of suggested changes to the Code related to Cell Towers. Mr. Ron Ligthart, 1036 Winding Waters Circle, Winter Springs, Florida: mentioned problems with business travelers and picking up trash containers; spoke of Waste Pro service fees as taxes; and asked why a Franchise Fee was charged. Ms. Katie Tortosa, 227 Sherry Avenue, Winter Springs, Florida: spoke of concerns with wetlands, animals, and environmental issues as a result of development. Mayor Bush said, "Katie [Tortosa], has asked several questions - what she passed out to the Commission. Katie [Tortosa], maybe you should schedule a meeting with the Manager or maybe he would - get answers to your questions." Ms. Sharon Rousey, 102 Hidden Oak Drive, Longwood, Florida: remarked about the Seminole Leadership Class project and asked that the City reconsider the proposed $5,000.00 contribution. City Clerk Andrea Lorenzo-Luaces read a statement from Deputy Mayor Michael S. Blake into the Record which requested that the City support the suggested $5,000.00 contribution. Commissioner Donald A. Gilmore said, "I was on the majority and I will bring that subject up - at the appropriate time." Commissioner Krebs asked, "When is that appropriate time?" Mayor Bush noted, "I would say once we get finished with 'Public Input' ." Ms. Diana Yarusinski, 1166 Winged Foot Circle, Winter Springs, Florida: commented on the Cell Tower Report and mentioned what she thought were contradictions in the Report. Mr. Edward Martinez, Jr., 205 Little Creek Lane, Winter Springs, Florida: asked the City Commission to help honor Mr. Gary Hillery at a May 26, 2006 event at the Tuscawilla Country Club. Mr. Martinez then spoke of individuals with a personal agenda working with Seminole County. Discussion ensued on the Seminole Leadership Class project and the proposed $5,000.00 contribution. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 24, 2006 PAGE 4 OF 42 "I WOULD LIKE TO MAKE A MOTION THAT THIS COMMISSION APPROVE $5,000.00 TOWARDS THE SEMINOLE CHILDREN'S VILLAGE AND JOIN THE OTHER CITIES AND THE COUNTY IN THIS EFFORT." MOTION BY COMMISSIONER GILMORE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. COMMISSIONER GILMORE ADDED, "I WOULD LIKE TO SUGGEST THAT THIS BE PULLED FROM THE GENERAL FUND." Tape I/Side B VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: NAY COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 200.1 Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For The Aesthetic Review For The Seminole Trail Animal Hospital Located On The West Side Of Vistawilla Drive, On The Southern Out-Parcel Of The Former Kash 'n Karry Shopping Center (Now Metro Church). Ms. Eloise Sahlstrom, ASLA, AICP, Senior Planner, Community Development Department introduced this Agenda Item. Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. "I WOULD MAKE A MOTION THAT WE APPROVE THIS ITEM AS PRESENTED." MOTION BY COMMISSIONER MILLER. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER GILMORE." DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 24, 2006 PAGE 5 OF 42 VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. PUBLIC HEARINGS 200.2 Community Development Department - Planning Division Requests The City Commission Consider The Final Engineering And Site Plan For The Seminole Trail Hospital Located On The West Side Of Vistawilla Drive, On The Southern Out-Parcel Of The Former Kash 'n Karry Shopping Center. Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. Mr. John Baker, AICP, Senior Planner, Community Development Department briefly spoke on this Agenda Item. Discussion. Ms. Rachel Christensen, P.E., Christensen & Associates, 412 Mead Drive, Oviedo, Florida: spoke on the project. Dr. D. Paul Williams, D. VM, 1491 East State Road 434, Suite 109, Winter Springs, Florida: addressed the City Commission. "I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE FINAL ENGINEERING FOR THE SEMINOLE TRAIL ANIMAL HOSPITAL ITEM '200.2'." MOTION BY COMMISSIONER GILMORE. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 24, 2006 PAGE 6 OF 42 PUBLIC HEARINGS 201.1 Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For The Aesthetic Review For Lifeway Homes Corporate Headquarters Located On Lots 2 And 3 Of The Tuskawilla Office Park On The West Side Of Tuskawilla Road In The Town Center. Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. Ms. Sahlstrom introduced this Agenda Item. Discussion. Mr. Charles E. (JR) Ball III, Civil Engineer, P.E., JRB Engineering, Post Office 1343, Oviedo, Florida: addressed the City Commission on this project. With discussion, Commissioner Gilmore inquired, "How much landscaping are we going to get in there." Mr. Ball stated, "I think if you refer to the landscaping drawing, you would find that it fills the area up pretty good - and if the drawings don't, we will fill it up." Discussion. Mr. Wayne Young, AlA, Architect, 8641 Amber Oak Court, Orlando, Florida: addressed Commissioner Miller's concerns with numerous windows on the North elevation. Further discussion. "I MOVE THAT WE APPROVE THE AESTHETIC REVIEW FOR LIFEW A Y HOMES CORPORATE HEADQUARTERS." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. "I WOULD LKE TO MAKE AN AMENDMENT TO THE MOTION THAT THE ARCHITECT BRING BACK SOME PROPOSED ALTERNATIVES TO THE NORTH FACE THAT WE MIGHT TAKE A LOOK AT WHEN WE NEXT REVIEW THIS." AMENDMENT TO THE MOTION BY COMMISSIONER MILLER. MOTION DIED FOR LACK OF A SECOND. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 24, 2006 PAGE 7 OF 42 VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER MILLER: NAY MOTION CARRIED. Mayor Bush recognized former Mayor Paul P. Partyka, former Commissioner David W. McLeod, and former Commissioner Edward Martinez, Jr. PUBLIC HEARINGS 201.2 Community Development Department - Planning Division Requests The City Commission Consider And Approve The Final Engineering/Site Plan And Development Agreement For Lifeway Homes Corporate Offices On Lots 2 And 3 Of The Tuskawilla Office Park Located On The West Side of Tuskawilla Road In The Town Center. Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. Ms. Sahlstrom addressed the City Commission on this Agenda Item. Discussion Tape 2/Side A Commissioner Miller said to Ms. Sahlstrom and City Manager Ronald W. McLemore, "Nothing irritates us more than getting a visual - a picture which was taken from some project in Seattle, Washington or Omaha, Nebraska - and they just put it up on the screen and it doesn't really match what is in our architectural drawings. That is the issue here. Because you know, and the City Manager knows - we get all these things where they show beautiful trees and it is just gorgeous and you fall in love with the picture and then when they actually build the building, we all sit there and think to ourselves, 'That's not what they showed us', and none of us really live in architectural blueprints. That is what these Engineer types do. They just love that, but, they finish their building and they walk away and then we are left explaining why it didn't look like the picture that they showed us. So, I would suggest that you be very careful from now on." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 24, 2006 PAGE 8 OF 42 Furthermore, Commissioner Miller stated, "I hate it when they show us pictures and the pictures don't really represent what the final product is going to look like; so tell the Architects and the Engineers, 'If they are going to put color photographs up, make sure that they are what we are looking at in the architectural blueprints." With discussion, Commissioner Miller added, "The point is, 'Make it look like the situation where it is presented." Commissioner Krebs asked, "I was just wondering if we could we plant any more trees in there?" Commissioner Krebs added, "I didn't mean out on Tuskawilla Road, I meant even on the side." Furthermore, Commissioner Krebs asked, "Right there, is there not room for trees or anything there?" Ms. Sahlstrom said, "The word is that they will agree to putting some trees in there." Commissioner Krebs stated, "Thank you. That is great." Mr. Sahlstrom asked, "Any particular kind you want to see?" Commissioner Krebs said, "Yes, the kind that the birds make nests in." "MOTION TO APPROVE THE FINAL SITE PLAN WITH THE ADDITION OF UNDERSTANDING THAT THEY WILL ADD TREES..." MS. SAHLSTROM ASKED, "...AND THE DEVELOPMENT AGREEMENT?" COMMISSIONER McGINNIS STATED, "YES." MAYOR BUSH ADDED, "MR. MINGEA CAN PICK THE TREES." MOTION BY COMMISSIONER McGININIS. COMMISSIONER GILMORE MENTIONED, "WE ARE GOING TO KEEP THE DRAWINGS SO THAT WE CAN CHECK YOUR LANDSCAPING." SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. PUBLIC HEARINGS 202. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For The Aesthetic Review For The Colonial Bank Located On The Southwest Corner Of State Road 434 And Vistawilla Drive, On Lot 3 (Out-Parcel Number I) Of Tuscawilla Tract IS-Parcel 1- C (Former Kash 'n Karry Shopping Center, Now Metro Church). Mayor Bush opened the "Public Input" portion of the Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 24, 2006 PAGE 9 OF 42 No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. Ms. Sahlstrom presented her opening remarks on this Agenda Item. Commissioner Miller suggested that we "Consider asking - as part of this Aesthetic Review, that they put some window treatments on the building." With brief comments on the signage needing to meet Code, Ms. Sahlstrom stated, "What you would be doing is approving it aesthetically, and then subject to it coming back for a Development Agreement. And because the existing Development Agreement is for the entire Kash 'n Karry tract, and also because there was some other Development Agreements that needed to get put forward before this one." Discussion. Mr. Eddie Muse, Design Services Incorporated (DSI), 1778 North Park Avenue, Suite 100, Maitland, Florida: commented, "The building which was built in St. Cloud is a smaller version of this one. Actually, it won an award from the City of St. Cloud. The building is really meant to be clean and more contemporary - sort of transitional is the building's style; and, the windows are being recessed deeper so that they do stand out along with the - stucco." Commissioner Miller asked, "Will you say that again, please?" Mr. Muse stated, "They will be recessed, slightly, so that they will really be accentuated with the stucco." Commissioner Miller requested of Mr. Muse, "Some kind of window treatment, Sir. And, that's an architect thing. Maybe put a - like shade over the top of it or a border around it to give it some definition." Manager McLemore suggested, "You could do some window penetration on it though, in order to give it a little more depth, I would think without compromising your design." Next, Commissioner McGinnis asked, "They're recessed. Explain how they're recessed." Mr. Muse stated, "Simply, take the windows and their actually stepped back. So there is more shadow affect..." Commissioner McGinnis asked, "... How much? Three inches (3"), five inches (5")?" Mr. Muse commented, "I think totally it will be three [inches] (3")." Commissioner McGinnis stated, "Okay. That's good." Commissioner Miller said, "If this doesn't pass tonight, I will come up with some ideas and I will give them to you that you can reconsider." CITY OF WINTER SPRINGS, FWRIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 24, 2006 PAGE 10 OF 42 Discussion. "I WILL MOVE TO APPROVE." MOTION BY COMMISSIONER McGINNIS. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER GILMORE." DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: NAY COMMISSIONER McGINNIS: AYE MOTION CARRIED. PUBLIC HEARINGS 203. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For The Aesthetic Review Of Sonoma Pointe, A 424-Unit Engle Homes Townhouse Development To Be Located In The Town Center On The 40 Acres Immediately South Of St. John's Landing On The East Side Of Tuskawilla Road. 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. This Agenda Item was introduced by Ms. Sahlstrom. Commissioner Miller said, "I would like serious thought to be given by the Developer to make these all at least six foot (6') balconies, so you can actually sit out on the balcony in the evening." With discussion, Ms. Sahlstrom stated, "We would encourage it to be six feet (6')." Commissioner Miller added, "Or more." Mayor Bush stated, "I agree with Commissioner Miller on that." Commissioner Krebs added, "I do too." Commissioner Gilmore commented on the plans and stated, "Are we going to grass like that?" Mr. James A. Thiele, P.E., Engineer, Carnahan Proctor Cross, 105 East Robinson Street, Orlando, Florida: commented, "Certainly you're not going to see it on the front of the buildings the way that it's presented. What our scope was in providing it this way was so that you get a full view of the front of the building." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 24, 2006 PAGE 11 OF 42 Commissioner Gilmore said, "There isn't a rear view in this thing." Furthermore, Commissioner Gilmore remarked, "I don't see why we are bringing for Aesthetic Review, drawings which only show the front of the buildings, really don't show the sides, or the rear. We're only looking at the fronts." Mr. Thiele stated, "The rear of the buildings, in all cases, will butt up to the rear of an adjacent building with the exception of the ones on the lake, of course." Commissioner Gilmore stated, "So, what you are saying is that we shouldn't have any interest in what the rear looks like?" Mr. Thiele stated, "No, I'm not saying that at all. I'm just saying it's a devoid area of access more than anything to the units. That's where the two (2) car garage access is." Commissioner Gilmore said, "I would not approve these without seeing rear elevations." Discussion. "I MOVE WE TABLE THIS." MOTION BY COMMISSIONER GILMORE. SECONDED BY COMMISSIONER McGINNIS. COMMISSIONER GILMORE ADDED, "I WANT TO SEE SOME REAR ELEVATIONS." MAYOR BUSH STATED, "THERE'S NO DISCUSSION ON A MOTION TO TABLE." VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. Mr. Thiele asked, "Can I ask the Commission if we can submit that as a supplement to what we've given you already?" Commissioner McGinnis stated, "Absolutely." There were no objections by the Commission. PUBLIC HEARINGS 204. Community Development Department - Planning Division Requests That The Commission Hold A Public Hearing For The Aesthetic Review Of The Vistawilla Office Center, Located On The South Side Of State Road 434, Just West Of The GreeneWay Interchange. 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. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 24, 2006 PAGE 12 OF 42 Mr. Randy Stevenson, ASLA, Director, Community Development Department spoke on this Agenda Item. Commissioner Miller said, "I think the entrance feature needs to be enhanced somehow." Furthermore, Commissioner Miller noted, "I would like to see significant entrance enhancement work done. Which would be basically I think this - yellow stripe in the middle of the building." Discussion. Mr. Tom Corkery 759 Bear Creek Circle, Winter Springs, Florida: commented on the proposed buildings and projected costs. Tape 2/Side B Commissioner Miller said, "It's a great looking building, Tom [Corkery], it really is. I mean I love it. And, I am really happy that you made some major concessions and you agreed to put those little things up there on the top that gives it a little more definition. I think you have also agreed now to put the 45 degree things on the four (4) comers." Furthermore, Commissioner Miller stated, "I really feel, I sincerely do that the that entrance feature, which I know the City's asked you to put a little bit of definition on the front so that maybe it comes out by a foot; but, two (2) of those buildings side by side - those entrances on - State Road 434, not on the back side, on State Road 434 - they are right up there on the roadway; and it is something you are going to build. And, I think you know in your heart - there are better things that could be done. Whether it is financially possible or economically feasible - that is another question." Commissioner Miller added, "That alternative thing that - was an example - I put up because in my opinion that entrance on [State Road] 434 that little strip market - it needs something more - I don't really know what it is. That is my opinion. I would like to see some alternatives, architectural type stuff, proposals come in." With further discussion, Commissioner Miller stated, "Let me be very specific, what my request is - to come back with some alternative proposals." Ms. Diane Forrest, AlA, Architect, Reynolds Smith & Hills, Inc., 3670 Maguire Boulevard, Suite 300, Orlando, Florida: stated, "I did want - to clarify that there is a difference between the front of the building and the rear of the building and the rendering that you're looking at is of the rear of the building. You'll see that there are notches on each of the comers of the building which is different from the back. Just to - start from the beginning. We worked very hard with Tom [Corkery] for over the last course of the year to get the proper image that he's looking for and then since the beginning of this year, also with the City of Winter Springs' Staff. They brought up some of the same issues that you are talking about. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 24, 2006 PAGE I3 OF 42 We do have three (3) different types of glazing and you can see on the ground floor we have glazing from the ceiling to the ground plane. On the upper levels, we have a smaller window and that's the second window type. And the central bay, which we really wanted to design as the focal feature of the building, we have glazing that runs, of course at the entry, but all the way from the top of the canopy to the top of the third floor and this is called spandrel glass that runs in front of the structure. So, there are three (3) different types of glazing there. We did pop out the central bay . We raised the parapet at the Central Bay. It drops down and then it - the parapet rises back up at the comers. We've also come back in as Tom [Corkery] has mentioned. We've clad the canopy in granite. We extended it out so that it is deeper than we originally had it. There's a series of reveal work on these panels that run both horizontally and vertically that will break up the concrete panel and the texture. So, you'll see shadow lines over the course of the day along the buildings. Just from the functionality standpoint of an office park, if you think about maybe your typical office; a standard office is ten feet (10') maybe fifteen feet (15'). We've broken up the building along that same dimension and these windows, each window would be allowed an office within, to have its own window; which I'm sure all of you know is one of the prime things that people are looking for when they're designing the inside of their office space. They also look for a very open feeling on the inside of the space that they can layout their offices as they need be - their office space as they need to without having to deal with a lot of jogging in and out of the plane of the building; because that makes the interior of the space much less useful. So, there are certain industry standards that we use to layout an office building. This being a suburban office building, is a lot smaller really than you might think. If you think that and looked at each one of these windows really represents ten feet (10') and you think about the width of an office, that's really not - we're not dealing with a whole lot of building frontage here. So, we've got each comer broken up and then we've got - roughly five (5) bays here and then we're breaking up the front of the building as you enter, trying to put all of the pizzazz where the people are really going to see it as they're coming into the building. And then you've got basically - design happening on the opposite side. So, I just want to reiterate this because we really believe that we put a lot of thought into it and we have over the past year, year and a half. Not only with Tom, but with your Staff and then of course the landscaping does add a whole other layer to the building. One of the things that we wanted to do with the renderings is show you what it would look like without the landscape and then the elevation that you have that has both buildings shown just straight on begins to show some of the landscaping that'll be in front of it. One of the things that we've - talked about early on when we were just siting the buildings, was to push them a little bit closer to State Road 434 so we could put all our parking in the back and to the sides of the building. CITY OF WINTER SPRINGS, FWRIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 24, 2006 PAGE 14 OF 42 And, I will say that is - really kind of an unusual scenario for a suburban office building. Usually, you see a building ringed in parking. We decided that we wanted to do that so that we could create a greenway basically in front of our buildings and hopefully set a precedent for future development of this type along State Road 434 where instead of having parking and the building and then parking beyond, we would be able to create a nice green space or green - landscaped area in front of the building which we have done in the landscape plans if you would look at those." Commissioner Gilmore said, "The reveals in the front are the things that will make or break this building. Right? They have got to be deep. These lines right here that has to be deep and they will show it." Commissioner Gilmore then asked, "But my question concerns the HV AC (Heating, Ventilation, and Air Conditioning) screen wall top, what is that?" Ms. Forrest stated, "The material right now we have as a metal panel that's - painted with a textured paint to help make it appear similar." Commissioner Gilmore said, "If that is not done in pre-cast or tilt wall you are going to have something to me that is just not going to look good." Commissioner Gilmore added, "I really believe that from my perspective, I would not approve that building with a sheet metal screen wall. But I think over time that is going to look bad. It needs to be pre-cast and match the rest of the building. And, if you want to see what happens, go look out at Quad 2 and 3 on Quadrangle Boulevard." Ms. Forrest stated, "Our idea was to use a textured paint." Commissioner Gilmore stated, "Textured paint is not going to solve this. And that is what you are going to end up with, so help me it is not what is good. I would go with nothing less than a pre-cast that matches the rest of the buildings. And recognize too, this is going to be seen from the backside by all of the residents in Tuscawilla." Commissioner Gilmore added, "I could not approve anything but pre-cast or a tilt." Mr. David W McLeod, 645 Dunmar Circle, Winter Springs, Florida: stated, "We don't disagree, I don't think, on that. I think as far as pre-cast, I don't think we do pre-cast. I'd like to build that up with materials and then stucco the face of the screen wall to match the face of the building and we can do that with stucco features rather than do it with a pre-cast. Pre-cast is going to add a lot of weight to the front of that building. Okay. Would that satisfy your concern over metal? It'll look the same." Commissioner Gilmore remarked, "If you could guarantee - stucco will last a long time and - hold up. That'd be one thing, but what are you going to apply the stucco to?" Mr. McLeod stated, "We'll work with our Engineers and Architects with that - been used on buildings, on the face of buildings, been done that way for years." Furthermore, Mr. McLeod noted, "I know where you're coming from and we'll use another element and features other than that. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 24, 2006 PAGE 15 OF 42 My problem here is this - and I heard Tom [Corkery] talk very briefly on it; but Mr. Miller, as you mentioned changing the feature, we've changed features so far as to come across with what the City's asked us for. Now, we're being asked again to change this. I'm very serious, this is a probably a three quarter million dollar change to one (1) building, we've got two (2) buildings sitting here. If you change to this type of fascia that you just pointed out - and I know you said you're not going to tell us exactly which one to do; but, how many times did we come back before you to get a decision as what to do. . We've gone to your Staff. We've worked with Staff. Staff said 'Yes.' We agreed to this. We agreed to put some granite on it. Granite is an up-charge. We put granite on it and now we're going beyond that to redesign and redefine the building again." Additionally, Mr. McLeod commented that "One of the things I wanted to point out, this building as you're seeing it here tonight shows it as the dark brown. I don't know if you can pick this up off the overheads or not - we have two (2) renderings here for you. As we stood there looking at this and we said the darker brown on the building as is in your flyer; what we found is a dark brown that's going to stand out. As you look around the neighborhood there, there's nothing in that deep color. The remnant that we have on the screen is a toned down building that again, we would put the black granite on, we would put a crown on it. We would change the lighter color in the center of it. And we think that we'd meet the neighborhood with much more pleasing colors than this dark color. The dark color we also feel is going to end up costing more energy to operate that building. We're going to have a lot more solar pull on the building from the color - we'd like to get back into the light. And as you look at this, this evening, we'd like you to take a look at this lighter color. I think it is more friendly to that neighborhood." Manager McLemore stated, "So, you're saying you favor the lighter color?" Mr. McLeod stated, "Yes." Mr. McLeod added, "I think the black granite would jump right out of that front entrance. And, we'd be willing to bring the entrance out a little, few feet further on the front of the building if that's what you want. We'll add another two feet (2') to that front entrance as far as the overhead canopy. And, I think that would give the depth feature you're looking for Don [Gilmore], and will satisfy the needs up on top of the wall." Commissioner Miller said, "The way the front of the building looks right now, I don't like it. From an aesthetic standpoint, I think it could be improved." With discussion, Mr. McLeod stated, "I'd love to take you on a tour up to Jacksonville to see them." Commissioner Miller stated, "I still would like to see some alternative proposals for that entrance way for this Commission to look at." Commissioner Miller added, "I would like to see some alternatives though." Commissioner Miller also added, "I would like to see some - just the center part, just on the front, those three (3) pieces of glass in the center." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 24, 2006 PAGE 16 OF 42 Manager McLemore said, "Is it possible, David [McLeod], in the Architect's perspective, to bring those two (2) columns out, that portion out two feet (2') to give it a little more differentiation on its face? Is that a big issue?" Ms. Forrest stated, "Unfortunately - to do that all the way up the three (3) stories of the building would be a cost - a fairly significant cost - we can definitively look at the canopy. But, something that's affecting all three (3) floors, you're talking about enlarging the structural slab, adding columns that would go three (3) stories up, you're adding an additional roof. There's significant impact to going out much further than we've shown it, we took it out to get that shadow line in the front - we're trying to work really hard between what - our clients and the area can afford, that also gets the most visual affect for what we can do." Commissioner Krebs asked, "Could you explain again, what you suggested doing?" Mr. McLeod stated, "On the canopy itself, is to extend an additional two feet (2') forward to give more depth to the canopy." Mr. McLeod added, "We have agreed to use some plant material that hasn't been tested yet, to help the City to find out what happens with these things." Additionally, Mr. McLeod noted, "One of the other things I mentioned was the top wall - is when we're done with the top wall, it will have the same characteristics as the rest of the building. It may not be built out of the tilt wall, though the characteristics will be the same." Discussion. Commissioner McGinnis stated, "My question is, this offset on the front, how deep is that?" Diane stated, "Ten by ten (10 x 10)." "I MOVE THAT WE ACCEPT THE AESTHETIC REVIEW OF THIS BUILDING ON [AGENDA] ITEM '204' WITH THE EXCEPTION THAT THE FINISHED COLOR WILL BE A LIGHTER COLOR THAN SHOWN. WE'RE GOING TO ADD TWO TO THREE FEET (2-3') TO THE FRONT ENTRANCE EXTENDING IT FURTHER OUT AND TO THE REAR ENTRANCE; AND THAT THE HVAC (HEATING, VENTILATION, AND AIR CONDITIONING) SCREEN WALL BE OF CEMENTITIOUS TYPE MATERIAL WITH A TEXTURE THAT WILL BE FLAT AND NOT DEVELOP A WAVY FORM." MOTION BY COMMISSION GILMORE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 24, 2006 PAGE 170F42 "I WOULD LIKE TO AMEND THE MOTION THAT THE BUILDER WILL BRING BACK TO US WITHIN - TWO (2) MONTHS, ALTERNATE PROPOSALS TO WHAT THE FRONT ENTRANCE WILL LOOK LIKE." MOTION DIED FOR LACK OF A SECOND. Tape 3/Side A VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: NAY MOTION CARRIED. Mr. McLeod stated, "The clarification is the fact we are talking about the extension of the canopy, correct?" Commissioner Gilmore noted, "The extension of the canopy, two to three feet (2 - 3')." Commissioner Miller and Mayor Bush said, "Front and back." Mr. McLeod then said, "That will happen." Commissioner Gilmore added, "That screen wall is total around..." . Mr. McLeod said, "...I understand..." Commissioner Gilmore remarked, "... Minus the front side." Mr. McLeod said, "I understand that." Mayor Bush called a Recess at 9:40 p.m. Mayor Bush then called the Meeting back to Order at 9:55 p.m. PUBLIC HEARINGS 205. Office Of The City Attorney Requests That The City Commission Approve On First Reading Ordinance 2006-02 Which Shall Prohibit The Annexation, Either Voluntarily Or Involuntarily, Of Any Real Property That Is Located East Of An Imaginary Straight Line Which Commences On The Southern Boundary Of The Shores Of Lake Jesup And Runs Southward Along The Eastern Most Boundary Of The Deleon Street Right-Of-Way And Which Terminates On The Northern Most Boundary Of The City Of Oviedo. City Attorney Anthony A. Garganese returned to the Commission Chambers at 9:56p.m. Mayor Bush stated, "I need a Motion to read by 'Title' only "MOTION." MAYOR BUSH STATED, "MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER KREBS." DISCUSSION. CITY OF WINTER SPRINGS, FWRIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 24, 2006 PAGE 18 0F 42 VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER MILLER: AYE Commissioner Gilmore returned to the Commission Chambers at 9:57 p.m. Manager McLemore returned to the Commission Chambers at 9:57 p.m. COMMISSIONER GILMORE: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title /I only. Mayor Bush opened the "Public Input" portion of the Agenda Item. Mr. Edward Martinez, Jr., 205 Little Creek Lane, Winter Springs, Florida: suggested that the City Commission postpone this until further review of Oviedo's plans. Mayor Bush closed the "Public Input" portion of the Agenda Item. Discussion. Commissioner Miller read a statement into the Record. With further discussion, Commissioner Miller suggested that "We pass a Resolution this evening inviting Oviedo and the County to an open forum in which we will discuss what it is that is really going to be done with Black Hammock." Commissioner McGinnis remarked, "I like the idea of inviting everybody." Furthermore, Commissioner McGinnis suggested, "And we will have to make every effort to involve the Press." Much discussion. Tape 3/Side B Discussion. Manager McLemore suggested, "Go ahead and pass this First Reading tonight, between now and the Second Reading, see if we can get a hold of the Joint Planning - Agreement between Oviedo and the County and see what language is in that new Agreement, relative to the Black Hammock, before you have your Second Reading and that should tell us what we need to know." Commissioner McGinnis stated, "Good." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 24, 2006 PAGE 19 OF 42 "I WOULD LIKE TO MAKE A MOTION TO MOVE [ORDINANCE] 2006-02 TO SECOND READING." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. COMMISSIONER MILLER STATED, "I WOULD LIKE TO INCLUDE IN THAT, THAT THE CITY MANAGER WILL OBTAIN FOR US THE CONTENTS OF THE JOINT PLANNING - AGREEMENT AND ANY OTHER DOCUMENTS THAT MAY BE RELEVANT TO THE DEVELOPMENT OF THE BLACK HAMMOCK BY EITHER THE COUNTY OR OVIEDO AND MAKE THAT AVAILABLE TO US BEFORE SECOND READING." FURTHERMORE, COMMISSIONER MILLER NOTED, "I WILL MAKE THAT AMENDMENT." ADDITIONALLY, COMMISSIONER MILLER SAID, "I JUST MADE THE AMENDMENT." AMENDMENT TO THE MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: (ON THE AMENDMENT) COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. VOTE: (ON THE MAIN MOTION, AS AMENDED) COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. Commissioner Miller left the Commission Chambers at 10:48 p.m. PUBLIC HEARINGS 206. Office Of The City Attorney Requests That The City Commission Approve On First Reading Ordinance 2006-03 Providing Standards And Criteria For Limiting Residential Densities Of Future Development Projects Within The City Of Winter Springs. Mayor Bush stated, "Can we have a Motion to read by 'Title' only?" "SO MOVED." MOTION BY COMMISSIONER McGINNIS. SECONDED. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 24, 2006 PAGE 20 OF 42 VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE Commissioner Miller returned to the Commission Chambers at 10:50 p.m. COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. Attorney Garganese read Ordinance 2006-03 by "Title" only and stated, "There is one correction I just want to add to the standards that are being proposed and that is subparagraph number (5), where it says 'The proposed residential density shall not result in the overcapacity of the Seminole County School System.' I want to add the language, 'As provided in a local Agreement with the Schoo I District' ." 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 APPROVE ON FIRST READING, ORDINANCE 2006-03." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. PUBLIC HEARINGS 207. Community Development Department Presents A Request For Modification To A Conditional Use To Allow Multiple Family Dwellings In The C-l (Neighborhood Commercial) Zoning District Pursuant To Section20-234. Of The Zoning Chapter Of The City's Code Of Ordinances. 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. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 24, 2006 PAGE 21 OF 42 Mr. Stevenson addressed the City Commission. Discussion. Mr. Stephen Gooch, 338 North Shadowbay Boulevard, Longwood, Florida: as a limited partner, Mr. Gooch spoke of issues with safety and said, "We feel the fourteen (14) families that will be living in our little town home neighborhood, would be safer not to have a public access through it. We would like it to be a private road that goes in and out and that is it." "I RECOMMEND THAT WE APPROVE IT." MOTION BY COMMISSIONER MILLER. MOTION DIED FOR LACK OF A SECOND. "MOTION TO DENY." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER MILLER: NAY COMMISSIONER GILMORE: AYE MOTION CARRIED. "MOTION TO CONTINUE." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. .:. .:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS HEARD NEXT, FOLLOWED BY THE REST OF THE AGENDA, AS DOCUMENTED. .:. .:. REGULAR AGENDA CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 24, 2006 PAGE 22 OF 42 REGULAR 306. Office Of The City Manager Providing The City Commission The Cell Tower Report. Mr. Arthur K Peters, P.E., Consulting Engineer, 5422 Northwest 91st Boulevard, Gainesville, Florida: reviewed aspects of his Report with the City Commission. Tape 4/Side A Mr. Peters noted that he had some issues with the City's Ordinance and remarked, "Technical need - and how would this Commission be well directed to make decisions based on technical considerations of applications - do those technical considerations need to be in your Ordinance? The answer is really no, but what you should have in your Ordinance which is not there now, is a list of data or information that you require for any kind of an Application that comes up in the future." Next, Mr. Peters then said, "I am hoping that - your current Ordinance will be changed to allow the communications needs of the City to be driven by the technical characteristics of cellular systems, and not necessarily by where we think we would like a tower to be placed; although the other half of that issue is that while the technical characteristics of cellular systems drive the location of a cell site - certainly the aesthetic conditions, the type of tower - the look of the tower, what's involved in the land and the character and nature ofthe particular community should be a more or less a political situation." Furthermore, Mr. Peters explained, "Presently, your Ordinance requires that there shall be no new sites, cellular sites until all the designated sites that are currently in the Ordinance are occupied. The map that I have provided will give you an idea that several of those sites, one (1), two (2), three (3) of the sites, currently have nothing on them and there is little chance that they. ever will. The reason for that is that the carriers are currently positioned in spots around the periphery of the City and - they have established communications systems at that point. Those established cell sites are so close to the ones that are required that it's unlikely that they'll ever place another cell site on your particular designated points. So, I would suggest that that restriction be removed so that - they can get on with - providing the communication services." Discussion. Regarding tower heights, Mr. Peters commented that, "If you decide that you want to change your Ordinance, I can suggest some language to put in it that causes the Applicant to give you enough information that you can verify that the tower height that they are proposing is a necessary tower height." Much discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 24, 2006 PAGE 23 OF 42 Commissioner McGinnis stated, "Mr. Peters has agreed that he would work with Staff. They will bring back a - draft of a Code." Tape 4/Side B With discussion, Mr. Peters stated, "There are a couple of very good Ordinances out there that have recently been adopted, County type Ordinances and I'd be pleased to work on your behalf and see if we couldn't craft a pretty good Ordinance." Furthermore, Mr. Peters suggested, "What we could do is, sort of craft this Ordinance if this is okay with the Commission, in a way that perhaps will make the process easy, the workload that you folks have to do, employ perhaps some requirements for Applications for new towers that would permit review." "I MOVE THAT MR. PETERS WORK WITH RON [McLEMORE], COME BACK TO US NO LATER THAN NINETY (90) DAYS WITH RECOMMENDATIONS FOR CHANGES TO OUR CODE." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Attorney Garganese said to Manager McLemore, "We have a pending Ordinance, that's correct. But there are obviously other legal issues that we'd have to look at, but we do have a pending Ordinance, based on the direction of the Commission this evening." REGULAR AGENDA REGULAR 300. Community Development Department - Planning Division Requests That The Commission Consider The Final Subdivision/Engineering Plans For The Proposed Talis Crossing Subdivision. Mr. Baker introduced this Agenda Item. "MOTION TO APPROVE." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 24, 2006 PAGE 24 OF 42 VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. REGULAR 301. Community Development Department - Planning Division Requests That The Commission Consider That Final Subdivision/Engineering Plans For An 84 Unit Residential Condominium Development With An Associated 6,000 SF (Square Foot) Commercial Component Known As Saratoga Condominiums And Grant A 6-Month Extension To The C-l Conditional Use Permit. Mr. Baker presented this Agenda Item and stated, "We would recommend a couple minor . changes - that are looking at a bunch of thirty foot (30') taIl lights, we would like to see the lights down around the twenty to twenty-two feet (20 - 22') and we have found two (2) conflicts between some trees and some lighting. Now, there is no Code prohibition on the thirty foot (30') taIllights, we do believe to be more consistent with the rest of the City to be down around the twenty to twenty-two feet (20 - 22') and there is no Code violation with having a tree that conflicts with the light, but we don't think it's in the best interest to have that, so we do recommend those two (2) minor modifications." Commissioner Miller commented that he did not like the square retention pond and stated, "There is another retention pond just behind that one..." Mr. Baker said, "... That is off site." Commissioner Miller continued, "I know it is off site, but my thought was it would be a much better looking area if some way could be found to just connect it to the - probably the City would have to do it I suppose. We might end up with a lake that's not another square retention pond. It could actually become a water feature, that would probably really enhance the - value of that whole area." Mayor Bush asked, "If the Commission is in agreement with Commissioner Miller, Staff could look at this and come back with some recommendations?" Commissioner McGinnis said, "If it is possible?" Furthermore, Mayor Bush said, "Is the Commission in agreement with Commissioner Miller - that Staff look into this..." Commissioner McGinnis remarked, "... We need to find who owns it first?" Mayor Bush noted, "That would be part of it." Commissioner Krebs stated, "Yes. " Commissioner Gilmore added, 'Yes. Mayor Bush then said, "We have Consensus on that. " "MOTION TO APPROVE." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 24, 2006 PAGE 25 OF 42 VOTE: COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. Mr. Baker then asked for clarification by saying, "Does that include Staffs and P&Z's [Planning And Zoning Board/Local Planning Agency's] recommendations?" Mayor Bush stated, "Yes, the -lower lights I think is what you mentioned." REGULAR 302. Finance Department Requests That The City Commission Adopt Resolution Number 2006-22 Amending The Fiscal Year 2005-2006 Budget. Manager McLemore briefly spoke on this Agenda Item. "I WILL RECOMMEND THAT WE APPROVE ITEM '302' - ADOPT RESOLUTION 2006-22 AMENDING THE FISCAL YEAR 2006 BUDGET." MOTION BY COMMISSIONER MILLER. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER McGINNIS." DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. REGULAR 303. Office Of The City Manager Requesting That The City Commission Establish The FY (Fiscal Year) 2007 Budget Calendar And Pre-Budget Workshop As Requested By The Commission. Discussion followed with Manager McLemore and Ms. Kelly Balagia, Budget Analyst, Finance Department regarding Workshop dates. Mayor Bush asked, "Would it make sense Ron [McLemoreJ at this point, if we adopt your recommendation; and the Commission then could go back and look at that time between June 20th [2006J and July 17th [2006) - those are the Workshops that the Commission would have to set the dates?" CITY OF WINTER SPRINGS, FWRIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 24, 2006 PAGE 26 OF 42 Mayor Bush then said to the Commissioners, "Does that make sense that we would all look at our calendars between the 10th and the 17th? I think what Ron [McLemore] is saying is they will be ready to do the Workshops by June the 20th." Commissioner McGinnis remarked, "That is good." No objections were noted. Commissioner Miller noted, "Weren't we supposed to have a Workshop that was cancelled? We need to reschedule that." Discussion. With discussion on possible dates, Mayor Bush asked, "May the 10th [2006]?" Commissioner Gilmore stated, "That is good with me." With no objections, Mayor Bush stated, "May the 10th." Mayor Bush added, "Let's start at six 0 'clock." Commissioner McGinnis commented, "Okay." Commissioner Gilmore noted, "Alright, sounds good." No objections were voiced. Discussion ensued on the date of June 19, 2006, to which Mayor Bush asked, "Has anybody else got a problem with the 19th? Is there some reason we can't meet?" Commissioner Krebs noted, "Some people thought it was a Regular Commission Meeting. It is not." "MOTION TO ACCEPT THIS CALENDAR - ADDITION OF MAY 10TH - SIX O'CLOCK." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. COMMISSIONER GILMORE ASKED, "WHEN ARE YOU GOING TO WORK FURTHER ON THIS BUDGET?" MAYOR BUSH STATED, "WHAT WE SAID THERE WAS THAT YOU ALL WOULD LOOK AT YOUR CALENDARS AND COME BACK WITH SOME WORKSHOP DATES THAT WOULD FALL WITHIN THAT JUNE 20TH [2006] - JULY 17TH [2006]. I DON'T THINK WE COULD SET THOSE NOW." VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 24, 2006 PAGE 27 OF 42 REGULAR 304. Community Development Department - Planning Division Requests That The Commission Consider The Second Modification To The Development Agreement For The 3.16 Acre Property On The Southeast Corner Of Moss Road And State Road 434 Which Includes The State Farm Insurance Building, The O'Mei Gongfu Academy And A Future (Office) Building. Mr. Stevenson spoke on this Agenda Item. Commissioner Gilmore left the dais at approximately 12:46 a.m. Discussion. "MOTION TO APPROVE ITEM '304'." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE (VOICE VOTE AUDIBLE FROM THE ROOM BEHIND THE DAIS) MOTION CARRIED. Commissioner Gilmore returned to the dais at approximately 12:48 a.m. REGULAR 305. Not Used REGULAR 307. Community Development Department Requests The City Commission Approve A Site Development Permit Agreement For Main Street Associates, LLC *(Phase IIA Of The Winter Springs Town Center) For Site Clearing On Phase IIA Of The Winter Springs Town Center. Mr. Stevenson introduced this Agenda Item. Commissioner Krebs asked if they could donate to the Tree Bank? Manager McLemore asked, "Do you want me or Staff to try to work out some kind of an Agreement with the Developer for some kind of contribution to your Tree Bank? I would recommend to you that - it shouldn't be something that should be huge, but it certainly would be a way to replenish some of your trees in the City by a reasonable - contribution." Commissioner Krebs stated, "Yes." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 24, 2006 PAGE 28 OF 42 Commissioner McGinnis remarked, "My answer is yes too, recognizing of course this can't be held to the same standards." Commissioner Krebs added, "Correct." Commissioner Gilmore noted, "Yes." Commissioner Miller also said, "Yes." Mayor Bush noted, "You have Consensus then Mr. McLemore to moveforward on that." Manager McLemore then asked, "Do you want to give tentative approval to this tonight, subject to me working out something with the Developer?" Commissioner McGinnis remarked, "Yes." Commissioner Krebs added, "Yes." Manager McLemore then asked, "Do you give me the latitude to do it without having to bring it back to you?" Commissioner McGinnis remarked, "Yes." Commissioner Krebs said, "I would agree to that too. " Discussion. "I MAKE THE MOTION THAT WE APPROVE ITEM '307' ALLOWING SITE DEVELOPMENT TO PROCEED ON PHASE IIA OF THE TOWN CENTER." MOTION BY COMMISSIONER GILMORE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER KREBS: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. REGULAR 308. Office Of Commissioner Joanne M. Krebs Requests That The City Commission Discuss Agenda Item ADD-ON's And Agenda Items Or Portions Of Agenda Items Not Being Available Until A Later Date. Commissioner Krebs began the discussion on this Agenda Item. Tape 5/Side A Commissioner Krebs said, "1 do hear every time we have an ADD-ON, 'Not another one. ' It causes delays in us getting our packets. And so, I wanted to discuss that, and, maybe - whatever the Commission desires. I mean, some of the things we are not even doing, I don't think - we limit ourselves to five (5) minutes and then go on to the next person for five (5) - but that was the direction that was given. If you look, you can see that we have had Amended Agendas fifty percent (50%) of the time in the Commission Meetings that were tallied on this, and so 1 would like to know your thoughts and what you think we should, or how you take care of this?" CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 24, 2006 PAGE 29 OF 42 Mayor Bush said, "I think everyone saw Mr. McLemore's response to this." Commissioner Krebs replied, "You got the response, but you didn't know what this said." Mayor Bush agrees, "Yes, it is true." Commissioner Krebs says, "Obviously - if it is an emergency, it is an emergency; but sometimes I think that excuses make it - easier to give an excuse and justify why you are doing something as an emergency. I don't know that fifty percent (50%) of the time we have emergencies." Commissioner Gilmore stated, "I am not as concerned as much about the ADD-ON's as I am sometimes about the amount of the Agenda. When I picked up my Agenda package, I knew we were in for a - sometime between 2:00 a.m. and 3:00 a.m.; and 1 think everybody else did." Commissioner Gilmore added, "I don't know why we don't put those in the beginning. Certainly we should have the foresight on how long it's going to take and then we have to set another Meeting, fine. But, for us to sit here until 2:30 or 3 o'clock in the morning, knowing we're going to do it - that to me is ridiculous. It is one thing if it happens by accident, but - when we know it is going to happen, that I just don't understand. " Discussion ensued on holding Workshops prior to Commission Meetings. Manager McLemore stated, "As far as the length of the Agendas, I would need to know what your direction is, I mean, you could choose to meet on your off Monday when we have a huge Agenda - see I don't know what to do with these other than try to get the people's business to you as - fast as we can." Mayor Bush commented, "One of the things I think that could be done, and Mr. McLemore, I think, has always made himself available to the Commissioners to meet with them - we have a lot of discussion - some people talk for fifteen (15), twenty (20) minutes on an item. And you know, this is something that I think, if they would have sat down with Mr. McLemore in advance, many of their questions would have been answered and I think our Meetings would move a little quicker. Of course that means, you still - have to put in the extra time, one way or the other." Commissioner Krebs noted, "No, I don't necessarily agree with that, Mayor, because many times I have questions after I hear other Commissioner's comments on a subject." Commissioner Krebs continued by saying, "But you know what, that is still not the complete issue here. Part of the issue is, when we do have ADD-ON items, we, or it's the ADD-ON items, but it's also the fact that we get our packets later. And sometimes I don't have the chance to review them - with as much time available as I would like." Commissioner Krebs further stated, "And not only that - it is a snowball effect. It also puts more pressure on that team, us, and yes, I mean, if maybe there's other solutions - working on other Mondays - doing Monday, Tuesday?" CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 24, 2006 PAGE 30 OF 42 Furthermore, Commissioner Krebs added, "To Commissioner Gilmore's point, when you have a large Meeting Agenda as we did tonight, maybe looking at it and seeing that we should have maybe broken it up or something because it's true, I mean, it's going to be 2 o'clock, if we're lucky, 2:30 before we even get through this." Mayor Bush says, "Commissioners, maybe, what about this, as a recommendation - on an ADD-ON item, that before we actually discuss it, the Commission would decide whether or not they've had ample time to review it. And if you don't think you have, you just have to Table it to the next Meeting. Now if it's an 'Emergency', then Mr. McLemore would just have to make the case - 'This is truly an emergency and even though you haven't had time to review it, we need to take the time now to do it;' and if we have to take a recess to do it, we do it. That way, it would give the Commission the ability to say, 'I didn't have time to look at this'; 'I don't want to go to 2 o'clock this morning'; or whatever - and it would be your decision at that point." Continuing the conversation, Mayor Bush stated, "We really haven't done it that way even though I think we always knew we could have." Commissioner Krebs asked, "And when do we discuss it?" Mayor Bush replied, "We would bring it up and say, 'This is an ADD-ON. Have you had time to review it? Do you want to take it tonight?' And if you don't, then we would say that we need to Table it or if Mr. McLemore would say - 'This is an absolute, we've got to do it tonight because the world is going to end tomorrow.' Then we could take a Recess, we could have time to review it, come back. I mean, if it is truly an emergency." Commissioner Krebs remarked, "Okay. So that's fine. So then now let's address - the Office that has to wait to get all of these items until a certain time, late, just to get it out to us - what are we going to do about that? It's our Office, she's our Clerk, she works for us, what are we going to do?" Manager McLemore suggested, "Now what we can do, we can try to make it all come in by Tuesday, so that we can have everything together, hopefully, to hand over on Wednesday; or we can - do that, and do the best we can; but those late items are going to just continue to trickle in, but we can try to do that." Commissioner Krebs then asked, "Whoever is preparing the items, the Department Heads or whoever - is in charge - what is their charge? What are they charged with getting to their time frame? And when they don't meet it, what happens? Tough?" Commissioner Krebs continued, "If you've got a job, you need to be able to do it." Manager McLemore said, "We can try to have everything come in on Tuesday and try to have everything done and ready by the end of the day on Tuesday, which means I have to shift our Staff Meeting to Tuesday, because our Staff Meeting is where we try to get everybody together and answer all of the questions that are still out there hanging." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 24, 2006 PAGE 3l 0F 42 Commissioner Krebs then stated, "Isn't that a scheduling - situation, problem or whatever? I mean, if you have it scheduled a certain - if you move the schedule to meet the schedule that you need - we're supposed to have it by 5 o'clock on Wednesday; so having the Clerk's Office work until 8:00 [p.m.], what good is that doing us if we want to come by and get our packets at 5:00 [p.m.]?" Manager McLemore said, "We will try to do that." Commissioner Krebs then noted, "I am not saying it is easy. It is tough. But everybody has to buy into it, everybody from the Department Heads who are - I guess that is who fills out these items..." Manager McLemore stated, ".. . Right.. ." Commissioner Krebs continued, ". ..Fills out these items. Everybody has to buy into it, that's the six sigma thing. Everybody has to buy into it, otherwise it doesn't work." Mayor Bush commented, "I agree with Commissioner Krebs here. It can't just be the Clerk's problem. And that is kind of what it sounds like it is, it's 'Well, if the Clerk will just work till 10 o'clock at night', but it also means these other people - are they working till 10 o'clock - the night before, to get it in?" Manager McLemore commented, "Everybody in the City is really busting up because we are just in an unusual time frame. And I had a discussion with you about three (3) or four (4) months ago that you're going to do three (3) years of work this year." Commissioner Krebs says, "Well then maybe we ought to look at some things to change that 2:30 [a.m.] Monday night thing, and I know Anthony [Garganese] you are not available every night either, but - if we are going to have to make those types of decisions I just wanted to bring this out again. I know it's been a problem. I've been hearing at every Meeting, well, not every Meeting, that is an exaggeration, but almost every Meeting and I just know, that I can see everybody is burdened." Manager McLemore remarked, "We will try to make a fix here." Mayor Bush suggested, "There might be some time that we might need to have a Monday night and then follow up with a Tuesday night Meeting." Commissioner Krebs agreed and said, "Exactly." Mayor Bush added, "I think it would be better to do than to try to cram things in until 2 o'clock in the morning." Commissioner Krebs said, "Mayor, I agree." Commissioner McGinnis stated, "I do too." Manager McLemore suggested, "Or start earlier." Mayor Bush agreed and said, "Or we could start earlier, that is true." Commissioner McGinnis remarked, "Yes," Commissioner Miller suggested, "I think, you need to keep the Meeting moving along, Mayor." Mayor Bush stated, "I would be glad to do that." Mayor Bush then said, "You will start doing the five (5) minute thing? You speak once on it and that is it?" Commissioner Miller replied, "You know, I have never had a problem with the five (5) minutes. I know there are several of the Commissioners that have said, 'No, I am sorry, but I really need to get to the bottom of everything'." Mayor Bush said, "That is fine with me." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 24, 2006 PAGE 32 OF 42 Then, Commissioner Miller said, "Something with that particular item maybe ought to just be Tabled until the next Meeting; because if people have a lot of questions and we're going to be here all night, for an hour on an item, let's just postpone it until the next - Commission Meeting and move on. But, I mean obviously, I am just as guilty as everyone else because you allow it to happen." Mayor Bush noted, "Well, personally, I have always felt that it was as Elected Commissioners you should have your say on items." Mayor Bush added, "Well, I will start enforcing the five (5) minute rule." Commissioner Krebs inquired, "Commissioner, would you agree or not agree that if we do have a very large Agenda that we could have the Manager look at it and say, 'Well, this one might be where you want to break it up into two (2) Meetings;' and then have back-to-back Meetings?" Commissioner Miller stated, "If he knows it is going to be a three (3) or four (4) hour Meeting - and we can get it done by 11 o'clock, and that's good. If it is a bigger Agenda than that, I think it is up to the - Mayor to keep the Meeting moving along." Commissioner Krebs agreed and said, "Right." Commissioner Miller then remarked, "I think it would fall apart very quickly, to be honest with you. Because to say we automatically go to the next night, I mean, I don't think any of us are going to block Mondays and Tuesdays, two (2) days a month, right, or four (4) days a month right now, just in case." Commissioner Miller added, "I do have a problem with late Meetings, but I think if the Meeting moves along during its entire course, I think we can get it done a lot earlier." Mayor Bush stated, "I will start that next Meeting with the five (5) minutes." Commissioner Miller added, "If we don't get through the Agenda, that item, let's postpone it." Mayor Bush agreed and said, "Let's try that; and then some of the other things that Commissioner Krebs has mentioned in terms of Staff." Commissioner McGinnis stated, "Good." Manager McLemore suggested the Commission agree that "'We just can't handle this tonight. When can we meet? Can we cut this up and meet another night?' - and pick a night that everybody can meet and everybody that is here is forewarned of your date." Commissioner Krebs then stated, "Right, I agree to trying whatever we can to move it along and then also at the same time though getting us our packets so - I can have time to read them, to even ask you the questions." Manager McLemore added, "Again on the ADD-aN's, I just need you to say, 'What's the reason for this ADD-ON', and put the burden on me to convince you that you need to deal with it." Commissioner McGinnis stated, "Okay." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 24, 2006 PAGE 33 OF 42 REGULAR 309. Office Of The City Clerk Requests That The City Commission Consider The Request From The Seminole County Supervisor Of Elections And Make Any Decision They Deem Necessary. Discussion. "I MOVE THAT WE INVITE THE SUPERVISOR OF ELECTIONS TO COME BEFORE US AND PRESENT HIS CONSIDERATIONS FOR - EARLY VOTING." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. REGULAR 310. Community Development Department - Office Of The City Arborist Recommends The City Commission Consider The Request Of Vanessa Brown of 767 Blades Court To Remove (1) Specimen Tree Located On The Resident's Private Lot. "MOTION TO APPROVE STAFF RECOMMENDATION ON ITEM '310'." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER KREBS: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. CONSENT AGENDA CONSENT 400. Utility Department Requesting Authorization To Purchase One (1) Harben Truck Mounted Jetting Machine Used For Sewer Cleaning And Blockage Removal. There was no discussion on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 24, 2006 PAGE 34 OF 42 CONSENT 401. Public Works Department Requesting Authorization To Enter In A Contractual Agreement For The Installation Of Roadway Underdrains On Various City Streets. No discussion. CONSENT 402. Public Works Department Requests The City Commission Validate The Staff Recommendation Finding The Apex Transmission Site To Be Built In Substantial Accordance With The Final Engineering Plans. This Agenda Item was not discussed. CONSENT 403. Office Of The City Manager Requesting That The City Commission Consider Endorsing City Of Lake Mary Commission Member, The Honorable Gary Brender, To The Seminole County Expressway Authority (SCEA), In Coordination With The Council Of Local Governments In Seminole County's (CALNO) Recommendation. There was no discussion on this Agenda Item. CONSENT 404. Office Of The Mayor And Office Of The City Manager Asking The City Commission To Approve The Attached Resolution 2006-03 Related To Supporting Legislation To Make Driver Education Mandatory In Public High Schools. No discussion. CONSENT 405. Office Of The City Clerk Requesting Approval Of The April 10, 2006 Regular City Commission Meeting Minutes. This Agenda Item was not discussed. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 24, 2006 PAGE 35 OF 42 CONSENT 406. Office Of The Mayor Requesting That The City Commission Approve Resolution Number 2006-24 And Sending Letters Of Endorsement To Our Legislators Regarding Community Development Block Grant (CDBG) Funding. There was no discussion on this Agenda Item. "MOTION TO APPROVE CONSENT AGENDA." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. INFORMATIONAL AGENDA INFORMATIONAL 500. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. Commissioner McGinnis said, "Page 11, 'Planning staff signed off on the revised lighting plan'." Commissioner McGinnis then said, "Yes (32) - Item (32). Well, anyway, I would like to know that - I already had a couple of complaints about it. They are really industrial types, they look like the shopping center. But, so I see your Staff signed off on the revised Lighting Plan. I don't know what that means." Mr. Baker said, "I'd have to go back and report back to you on that. I don't remember the details." Commissioner McGinnis said, "You let me know. I would appreciate it." Further brief discussion. INFORMATIONAL 501. Public Works Department Advising The City Commission Of The Status Of Various Capital Improvement Projects. No discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 24, 2006 PAGE 36 OF 42 INFORMATIONAL 502. Public Works Department Providing the Commission Information Regarding The Legacy Park Mixed-Use Project In Casselberry And The Potential Traffic Impacts To The City Of Winter Springs. Commissioner Miller stated, "One of the things that concerns me about this development going in, in Casselberry - just behind the Ranchlands, I was led to believe - there was not an access road that was going to be into Murphy Road. Now it turns out, there is an access road there and this - Agenda Item informs us that it may be expected to be closed - it says, 'temporary access road is expected to be closed and maybe utilized as an emergency access location'." Commissioner Miller then stated, "I have a feeling that whatever they coordinated with us, if it didn't have the street on it, then we need to take this up with it very seriously." Additionally, Commissioner Miller noted, "If they are going to have an - some kind of exit on that road, I would like to make absolutely certain that that is really what is, and it is not going to be accessible." Commissioner Miller added, "Find out what is going on." Mr. Brian Fields, P.E., City Engineer, Public Works Department stated, "Okay, we'll look into it." Discussion. INFORMATIONAL 503. Information Services Department Wishes To Update Commission On Status Of City Telephone Operator Move. There was no discussion on this Agenda Item. INFORMATIONAL 504. Office Of The City Manager Informing The Commission Of Resolution Of The Tree Issue At Jesups Reserve. This Agenda Item was not discussed. "MOTION TO APPROVE" INFORMATIONAL AGENDA. MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 24, 2006 PAGE 37 OF 42 VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. REPORTS REPORTS 600. Office Of The City Attorney - Anthony A. Garganese, Esquire Attorney Garganese spoke of a Closing on Kristi Anne this week. Next, Attorney Garganese advised the City Commission that the City prevailed in the Potchen case. REPORTS 601. Office Of The City Manager - Ronald W. McLemore Manager McLemore spoke of a meeting with the School Board Superintendent and Deputy Superintendent and explained, "The first one was about the problem with solid waste and this franchise problem that we are having with them. They are saying that they have a current service and they dQn't want to use our service provider because the rates are higher. After a lengthy discussion, what we agreed to was we would talk with our provider and see if he would agree to allow them to continue through the term of their contract. And, then they would agree voluntarily to come under our Franchise Agreement from that point forward, so I will be meeting with them in the morning to talk about that." Secondly, Manager McLemore remarked, "We also talked about the possibility of using their facility as a petroleum site for us - fuel site, and they are going to be looking into that. " Thirdly, Manager McLemore advised the Commission that "The buses - they've agreed that we can continue using buses for July the 4th as long as we have a Police Officer on each bus." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 24, 2006 PAGE 38 OF 42 Fourth, Manager McLemore said they then discussed if "Winter Springs school needs are met - through build-out. And the answer was if we had one (1) more Middle School in Winter Springs, Winter Springs' school needs would be met. That was the answer we had. It requires twenty (20) acres of land, and so I have got Staff looking to see where we might come up with twenty (20) acres of land." REPORTS 602. Office Of The City Clerk - Andrea Lorenzo-Luaces, CMC No Report. REPORTS 603. Commission Seat Two/Deputy Mayor - Michael S. Blake Absent. REPORTS 604. Commission Seat Three - Donald A. Gilmore Commissioner Gilmore inquired, "When are we getting the ID badges on the people, the name badges, tell who they are and where they work?" Manager McLemore responded, "You and I are supposed to meet and go over my report with you and to an agreement of what we need to do." Commissioner Gilmore asked Manager McLemore, "When are we going to meet?" Manager McLemore noted, "The first of next week?" Commissioner Gilmore then replied, "I guess." Commissioner Gilmore said to Mr. Kip Lockcuff, P.E., Director, Public WorkslUtility Department, nU-turns on {State Road} 434, when is that due...?" Mr. Lockcuffreplied, n...They said a complete draft would be available to us in aboutfour (4) weeks. This is about a week ago, so about three (3) weeks from now we expect to have that more complete draft from DOT {Department of Transportation}. " Manager McLemore stated, "The question is do you want to make a record demand of their draft?" Mayor Bush again asked, "Do you want to make a records demand, Commissioners?" Commissioner Gilmore responded, nYes, let's do it" Both Commissioner McGinnis and Commissioner Krebs also stated, Yes." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 24, 2006 PAGE 39 OF 42 Commissioner Gilmore than spoke about Agenda Items saying, "On the Agenda Packages on Developments, I will tell you, I read some of this stuff that is in these and it sounds to me, Randy [Stevenson], like we are the salesmen for the projects. Not only do we come out with all these flowery terms - we even put - smiley faces on the front of the Agenda package." Commissioner Gilmore noted, "Can't we rephrase - terminology." Commissioner Gilmore added, "I think we need to go through and recognize that our job is to report what we see, the findings, and not be the salesmen for the project." Mr. Stevenson replied, "We can look at that Commissioner. The Agendas are set up such that a lot of the questions that we answer necessitate some of the more flowery language, but we'll try to stick to reporting just the facts." Commissioner Gilmore also said, "I understand, and leave the smiley faces off. I don't see the necessity of a smiley face." Manager McLemore noted, "Should we not say it's a great project if it's a great project?" Commissioner Krebs said, "I think you should. I want to know that. I want to know how the Planner feels." Commissioner Gilmore retorted, "That's one person's opinion." Manager McLemore said, "You're the final decision makers, but your Staff has got that burden, particularly with Aesthetic Reviews, of trying to say we've reviewed the Aesthetic Review and here's what we think about it, isn't that what we're supposed to do?" Commissioner McGinnis stated, "Yes." Commissioner Krebs added, "Yes." Commissioner Gilmore remarked, "I'm not sure that you are to do it in the manner that I read these things." Commissioner McGinnis said, "I have no problem with it." Manager McLemore stated, "Well, I agree, there shouldn't be smiley faces." Commissioner McGinnis added, "I mean, I don't like the smiley face on anything." Commissioner Gilmore remarked, "Well, you do what you have to, I - sometimes wonder if it's, I think we over do it." Commissioner Gilmore then advised the City Commission that, "My duties as outgoing President of the Rotary Club are going to be tying me up rather heavy for the next - two (2) to three (3) months - I am not going to be able to do fairness with the City/County Consolidation Committee, so I would like a little relief to get off that for, let's just say three (3) months." Mayor Bush said, "I would like to recommend we appoint Mr. Blake to that position." "I MOVE WE APPOINT MICHAEL BLAKE TO SERVE ON THAT COMMISSION." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 24, 2006 PAGE 40 OF 42 VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. Brief discussion followed on the Rotary organization. REPORTS 605. Commission Seat Four - Sally McGinnis Commissioner McGinnis briefly mentioned State Road 434 and the Department of Transportation. Next, Commissioner McGinnis stated, "Ron [McLemore], will there be Staff attending the Workforce Housing Conference, and I hope so..." Manager McLemore said, "...We'll make sure that someone attends from Randy's [Stevenson] shop." Commissioner McGinnis said, "Good." REPORTS 606. Commission Seat Five - Joanne M. Krebs Commissioner Krebs stated regarding the Veterans Memorial ride on Sunday, "I just want to say that the ride that we did the other day was really, really great; and that Lieutenant - Maxwell did an excellent job in coordinating everything as did all the other officers that were there working, as well the other cities." Commissioner Krebs added, "Kudos to them, and thank you very much!" Commissioner Krebs said to Manager McLemore, "Ron [McLemore], if you could just send out to your Staff covering, I guess all the Staff, that in the future on any kind of events that we are invited to, to also copy the Clerk's office so that we can have it posted." Manager McLemore asked of Commissioner Krebs, "Can you give an example?" Commissioner Krebs then said, "Well, for instance, the ride was not. And then in the past it's been the - Sunday dinners at the Senior Center - just to name a few. I mean, I know that I'll - just send a message saying I am going to be here. I don't know if anybody else is." Commissioner Krebs added, "I did notice that even something's here, I know, it's just if you could just send one ofthose quick memos 'By the way, don't forget'." Manager McLemore said, "Okay." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 24, 2006 PAGE 41 OF 42 Tape 5/Side B REPORTS 607. Office Of The Mayor - John F. Bush Mayor Bush spoke of attending a recent meeting at the Sanford-Orlando Airport and stated, "Larry Dale who is the Executive Director announced that there is a new airline flying directly from Orlando-Sanford to Scotland; and I think it would be worthwhile if we explore looking into having a Sister City in Scotland, especially since the Highland Games are in our City. I talked to [Larry] Dale about this and he was very much in favor of - taking this forward and I told him - I had needed to bring this to you all tonight. Is this something the Commission would like to continue to explore the possibilities?" Commissioner McGinnis said, "Yes." and to "Explore it." Mayor Bush added, "It was very positively received by the Board of the Airport. They thought it was a great idea; and so they had some ideas that would possibly help us for the Highland Games." Mayor Bush then remarked, "Tomorrow at noon, Mr. McLemore and I are meeting - at the Winter Springs Golf Course. Mayor Bush finished with, "I would like to ask that we have a Special Meeting on May the 15th for the sole purpose of reviewing what the Commission, what's going on in the Joint City/County meetings. Steve Glazier who - is a representative, who lives in Winter Springs, and represents Winter Springs as a citizen - I have asked him to come to relay his impression on some things. There are some issues coming down that are going to be very important to us on what stands we take - Fire Department is one ofthem. Water is another one - Stormwater was the third one." Commissioner McGinnis said, "Okay." Mayor Bush added, "So that will start at 6:30 [p.m.] on the 15th." Lastly, Mayor Bush spoke on the discussion related to the Black Hammock and asked, "Does the Commission want to annex property into the Black Hammock?" Commissioner McGinnis stated, "No." Commissioner Krebs noted, "I don't want to go there." REPORTS 608. Commission Seat One - Robert S. Miller No Report. ADJOURNMENT Mayor Bush adjourned the Regular Meeting at 1 :50 a.m. RESPECTFULLY SUBMITTED: DEBBIE FRANKLIN, DEPUTY CITY CLERK ANDREA LORENZO-LUACES, CMC CITY CLERK APPROVED: JOHN F. BUSH MAYOR NOTE: These Minutes were approved at the Ma y 8,2006 Regular City Commission Meeting CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 24, 2006 PAGE 42 OF 42