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HomeMy WebLinkAbout2005 03 28 Consent 205 Approval of March 15, 2005 Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING MARCH 14, 2005 CALL TO ORDER The Regular Meeting of Monday, March 14, 2005 of the City Commission was called to order by Mayor John F. Bush at 6:30 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). ROLL CALL: Mayor John F. Bush, present Deputy Mayor Michael S. Blake, present Commissioner Robert S. Miller, absent Commissioner Donald A. Gilmore, present Commissioner Sally McGinnis, absent Commissioner Joanne M. Krebs, present City Manager Ronald W. McLemore, present City Attorney Anthony A. Garganese, present After a moment of silence, Mayor Bush led the Pledge of Allegiance. Under "Agenda Changes," Mayor Bush stated, "I'm going to move Item '501' of the Regular Agenda up. It will be our first Item right after the presentation by [County] Commissioner [Randy] Morris and Ms. [J. Suzy] Goldman." PUBLIC INPUT Mr. Paul Rosu, 2106 Kilamanjaro Court, Apopka, Florida: addressed the City Commission regarding issues from the last City Commission Meeting. Mayor Bush said, "Can we get it on the next Meeting Agenda?" City Manager Ronald W. McLemore stated, "We can definitely do it on the next Agenda." With discussion, Manager McLemore stated, "We'll see that it gets done." Mr. Paul Partyka, 934 Contravest Lane, Winter Springs, Florida: spoke on behalf of the Rotary Club and the American Cancer Society regarding the "Relay for Life". Mr. Partyka noted that this event will begin this Friday, March 18th, 2005 at 6:00 p.m. at Winter Springs High School. Mr. Partyka asked for the support of the City of Winter Springs; and for a Mayoral Proclamation stating this is a "Relay for Life" event in Winter Springs." Mr. Partyka added, "We would like the City Commissioners and the rest of the City leadership staff - to show up and actually lead off the Relay." ...., rr' ~ ~ r' I ,.... I --~ ~ CITY OF WINTER SPRINGS, FWRIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 14,2005 PAGE 2 OF 24 Next, Mr. Partyka asked Chief of Police Daniel J. Kerr who is also affiliated with this "Relay for Life" event to also speak on the issue, which Chief Kerr did. Commissioner Donald A. Gilmore stated, "I challenge the rest of the Commissioners on this dais to join me up there on Friday, and I will bet - any of you can't walk as far as I can. That is a challenge." Commissioner Joanne M. Krebs stated, "I will walk." Deputy Mayor Michael S. Blake added, "I will be there." Further discussion ensued on the teams from the City. Mr. Robert King, 221 Black Hammock, Oviedo, Florida: addressed the City Commission on stormwater issues related to Lake Jesup. Mr. King said, "One of your Staff members has been attending the TMDL [Total Maximum Daily Load] meetings, your Stormwater person, [Ms.] Zynka [Perez, Stormwater Utility Manager, Public Works Department] and she's been doing an outstanding job representing the City." Mayor Bush stated, "Mr. McLemore, maybe next Meeting, Zynka [Perez] could give us a little update on this?" AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 100. Office Of The Mayor Commissioner Randy Morris, Seminole County Board of County Commissioners And Ms. J. Suzy Goldman Director, Department Of Library & Leisure Services Desire To Present Information To The City Commission On The Seminole County Library System. Seminole County Commissioner Randy Morris, Seminole County Board of County Commissioners and Ms. J. Suzy Goldman, Director, Department of Library & Leisure Services, Seminole County, 1101 East First Street, Sanford, Florida: addressed the City Commission with a presentation. Seminole County Commissioner Morris spoke about last year's Hurricanes and stated, "As a resident, I was kept informed and also in terms of the courtesy that was shown both by your Staff and by your debris pick up people, I thought it was just superb. My complements Mr. McLemore, to you and your Staff and also the Commission for supporting that good effort." With discussion on Libraries, Mayor Bush stated, "So, the recommendation from the Committee was to bring all the Libraries up to regional standards." Ms. Goldman said, "Yes." Furthermore, Ms. Goldman stated, "We're also proposing a new forty thousand (40,000) square foot regional Library in Winter Springs." Discussion. ,......, r-, ;= II['" :. ,...,..., r-" . ,.... . -c: ~. ; w CITY OF WINTER SPRINGS, FWRIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 14,2005 PAGE 3 OF 24 Seminole County Commissioner Morris said, "On March 29th [2005] - our Board will meet and discuss the concept - we'll reach out further to the cities, have additional presentations to them, make a determination if this would be a priority to go ahead and put this on the Ballot to go to a Voter Referendum for approval. If that were to occur, it would occur either this Fall or next Spring. By Fall, it would probably be on a regular Election date in the Fall, even though I don't know who is holding an Election this Fall, but we always do - we don't pick funny dates, and we believe we could have it together that quickly to do, and have a major public information campaign regarding it." Mayor Bush said, "When the Committee met - the Seminole Community College issue was never on the table - that has kind of come after the fact; I would like to ask Commissioner Morris to make sure Winter Springs doesn't get bumped for SCC [Seminole Community College]." Discussion. Seminole County Commissioner Morris said, "We're proposing basically a half a mil increase, county-wide, and we're proposing that for capital construction and additional operations - also, equipment inside and all that." Mayor Bush asked, "That half a mil would build the Library in Winter Springs?" Commissioner Morris said, "Yes, and hopefully a few other Libraries too." Mayor Bush said, "This Referendum would improve the Library system in the County. All the existing Libraries would be upgraded so it's not just Winter Springs getting something, it's all the Libraries in the County would be improved, brought up to regional standard. " Mayor Bush asked, "What do you need from our Commission?" Commissioner Morris said, "Our Commission has to make a determination of a County-wide vote and when they want to do that." Commissioner Morris added, "Assuming the Board can move forward in some kind of 'Later this year type action to go before the Voters', then I would say that the City of Winter Springs - sometime in the month of April has to start making some hard decisions in terms of potentially what type of elements in terms - we know the size of the acreage, if that acreage is available; those types of determinations. We need to be able to put it in a marketing brochure, approximately where these would be located." Additionally, Commissioner Morris said, "You all have got the decision to make in terms ofthe viability of the Town Center or ifnot there, where? That would be a determination. " Manager McLemore said, "I truthfully support the idea of a dedicated millage to operate Libraries," Manager McLemore added, "Is there a support for that among the County Commissioners?" Seminole County Commissioner Morris said, "The support for the Libraries has been very strong." ,..., r--' ;::: C.II M I""' . I""'~ ~. ; ~ CITY OF WINTER SPRINGS, FWRIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 14,2005 PAGE 4 OF 24 Seminole County Commissioner Morris then said, "I believe if there is a good time to do this, this would be a good time now - the Board seems to be quite interested in the issue; so I would be very surprised if the Board did not support moving forward." Manager McLemore said, "So, if this Commission supported the idea of a dedicated millage for operations then we should make you all aware of that." Commissioner Morris said, "Absolutely. " Deputy Mayor Blake asked, "We're talking about an additional quarter mil to bring it to a half mil or additional half mil to take it to three-quarters?" Commissioner Morris stated, "Half to take it to three-quarters." Discussion then ensued on Jetta Point. Tape J/Side B With discussion on parks and possibly annexing other property related to Soldier's Creek Park, Mayor Bush said, "Our Babe Ruth people have talked to us about the need for additional practice space." Mayor Bush added, "Personally - 1 think it's a good idea. 1 would like for our Manager and the Parks and Recreation person to think about this very seriously and bring back a proposal to the Commission for their consideration." Commissioner Krebs noted, "I think it would be really a nice asset to the City." Commissioner Gilmore stated, "I think it needs to be investigated, come back with purpose and cost." Deputy Mayor Blake remarked, "I think it is something we should look at and investigate and see exactly what it might mean to the residents of Winter Springs." Deputy Mayor Blake added, "We do the appropriate level of due diligence that is required." Deputy Mayor Blake then inquired, "How much time do we need?" Manager McLemore said, "Ninety (90) days." Commissioner Morris said, "You, more than have that." With further comments on Soldier's Creek Park, Deputy Mayor Blake noted, "There are some drainage issues out there as well, aren't there?" Commissioner Morris stated, "There are some drainage issues, but not on the main field areas. The drainage issues - there are some smaller practice fields behind the larger fields; and - also we have fixed the drainage issues out there recently. We have put some money actually into the Park. There are some buildings there that either have got to be fixed or torn down, and I emphasize you take a look at those right now. One of them in particular - at the southern end, that building mayor may not be worth fixing." ,..., r--' i:-- M ,.... . t"" I -~ :,..--.. ; ]II CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 14,2005 PAGE 5 OF 24 Deputy Mayor Blake suggested, "Why don't we then agree to be back to you, as the point for the [Seminole I County Commission, an official position of the City on this generous offer, within ninety (90) days." Commissioner Morris stated, "We would appreciate that." Mayor Bush then said to the City Commission, "Are the rest of the Commissioners in agreement with Commissioner Blake's ninety days?" No objections from the rest of the Commission were noted. Mayor Bush said, "Within ninety (90) days or less, you will hear from us." .:..:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEMS WERE DISCUSSED IN THE ORDER AS DOCUMENTED, PRIOR TO THE BEGINNING OF THE CONSENT AGENDA. .:. .:. REGULAR REGULAR 501. Public Works Department Requesting The City Commission Authorize Staff To Work With Seminole County To Conduct Public Meetings On The Installation Of Sidewalks On Northern Way, Shetland Avenue And Dyson Drive. Mr. Jerry McCollum, P.E., County Engineer, Seminole County, 520 West Lake Mary Boulevard, Suite 200, Sanford, Florida: introduced his opening remarks. With further comments, Mr. McCollum stated, "I'd like to try to get a feel in about thirty (30) days as to what this - City Manager or Public Works Director, however you want to do it, or we can come back, could really give us the input on that." Discussion ensued on drainage problems and Mr. McCollum said, "Certainly, any problems that you are aware of, you personally, or the Public Works Director, we'll certainly take another look at that." Commissioner Gilmore said, "There's lots of concern in there. I think you might want to talk with Kip [Lockcuff, Director, Public WorkslUtility Department] about that." Mr. McCollum said, "Yes, Sir." Further discussion. Commissioner Gilmore stated, "I would not want to support proceeding or anything on this proj ect until there has been some neighborhood discussions and get feedback from the people most affected by it." ,......., r--, ~~ M ,.... I ,.... I d ~. ; . CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 14,2005 PAGE 6 OF 24 With discussion on safety concerns with Commissioner Morris, Commissioner Gilmore noted, "I can support the fact that there are safety issues on Northern Way, Dyson [Drive], and Citrus [Road]." Commissioner Gilmore added, "I saw the drawing of the Shetland [Avenue] two (2) or three (3) years ago when it came up and the drawing I saw told me that whoever did it, really did not go out and look at the topo (topography) or drainage or anything else, they just put a line on a sheet of paper and said oh, that is our engineering design." Mr. McCollum said, "I appreciate the comments and we will look at that. One thing I - forgot to mention, Mr. Morris - [Seminole County] Commissioner Morris kind of hit it, we were also asked and we did, we looked at a potential Traffic Calming along Dyson [Drive] itself, and we did come up with a preliminary plan that would be part of what we did; where we looked at potentially putting in traffic circles at four (4) key locations - Black Acre Trail, Howell Creek Drive, Arabian Avenue, and Pinto Court; and again - that in itself becomes a whole topic in many cases." Mr. McCollum added, "There was consensus - on the Traffic Calming, and again, it made a lot of sense to look at them, hand in hand, to have the sidewalk, and also do the Traffic Calming, although it could be independent." Mayor Bush said, "The Staffs recommendation is that the Commission support this project and authorize Staff to work with the County in informing the public on the safety benefits of this project." "I'LL MAKE A MOTION WE MOVE FORWARD ON IT." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER KREBS. DISCUSSION. COMMISSIONER MORRIS NOTED, "I WOULD RECOMMEND MR. McLEMORE, WE COULD CONDUCT A - JOINT MEETING RIGHT HERE." MANAGER McLEMORE SAID, "I THINK I WOULD AGREE THAT A JOINT HEARING IS THE WAY TO GO." WITH FURTHER DISCUSSION, COMMISSIONER GILMORE SAID, "ARE WE SUPPORTING THE PROJECT AND, IF WE ARE SUPPORTING THE PROJECT, DOES THAT MEAN WE AS THE COMMISSIONERS ARE SAYING, WE SUPPORT BUILDING THOSE SIDEWALKS OR ARE WE SUPPORTING PROCEEDING ALONG THE LINES OF LET'S HOLD MEETINGS AND GET PUBLIC INPUT AND SEE WHERE WE ARE GOING, BUT AT THIS POINT IN TIME, WE ARE NOT COMMITTING TO ANY SIDEWALK FROM THIS COMMISSION?" DEPUTY MAYOR BLAKE SAID, "THE MOTION IS FOR THE LATTER, TO GO FORWARD WITH THE PUBLIC HEARING PROCESS OR PUBLIC MEETING PROCESS." ,.-, r-' ;: M ,.... . ~ . -r: ~~ ; - CITY OF WINTER SPRINGS, FWRIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 14,2005 PAGE 7 OF 24 REGARDING SETTING UP A PUBLIC MEETING, MR. McCOLLUM SAID, "I WILL GO AHEAD AND GET WITH MR. McLEMORE AND WE WILL WORK OUT THE LOGISTICS." MAYOR BUSH STATED, "THE MOTION WAS - TO SUPPORT INFORMING THE PUBLIC ON THE SAFETY BENEFITS OF THIS PROJECT AND TO WORK WITH THE COUNTY ON INFORMING THE PUBLIC ON THE SAFETY BENEFITS PROJECT. IS THAT CORRECT?" DEPUTY MAYOR BLAKE STATED, "PUBLIC MEETING PROCESS." VOTE: COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. Mayor Bush stated, "Thank you [Seminole County] Commissioner Morris - we appreciate you coming." REGULAR AGENDA REGULAR 500. Finance Department Requesting City Commission Acceptance Of The Comprehensive Annual Financial Report (CAFR), As Presented, For The Fiscal Year Ended September 30, 2004. Ms. Judi Cooper, Controller, Finance Department introduced Mr. Elden McDirmit and briefly commented for the record about Mr. McDirmit. Mr. Elden McDirmit, McDirmit, Davis and Company, LLC, 605 East Robinson Street, Suite 635, Orlando, Florida: spoke on the Comprehensive Annual Financial Report (CAFR). Mr. McDirmit said, "I think Judi [Cooper] and Michelle [Greco, Director, Finance Department] and the Staff have really worked hard in getting prepared for the Audit and- this Report reflects that." Deputy Mayor Blake stated, "Great job, great job - really to our Finance Staff, Michelle [Greco] - you as well Judi [Cooper]." Deputy Mayor Blake added, "I think Staff has done a tremendous job working, not just efficiently but effectively - getting it done and doing it in a fiscally responsible manner and being good stewards of the citizen's assets. And Mr. McDirmit, I appreciate the time and energy 1 know that you spent over a few years trying to get us to where we are too." ,...... r-, ~-- -= :. rr; ,.... ~ ,.... . --G ~ . ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 14,2005 PAGE 8 OF 24 Tape 2/Side A Brief discussion. "I'D LIKE TO MAKE A MOTION WE ACCEPT AND APPROVE THE 2004 cAFR [COMPREHENSIVE ANNUAL FINANCIAL REPORT] REPORT." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: DEPUTYMAYORBLAKE: AYE COMMISSIONER GILMORE: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. Ms. Greco stated, "Can I give Judi [Cooper] special thanks for all her hard work and without her, I don't think we wouldn't have gotten the 2003 Certificate of Achievement Award and she's done a great job and I would like to thank her, as well as the Auditor. CONSENT AGENDA CONSENT 200. Public Works Department Requesting Authorization To Purchase One (1) Ford F-250 Pick Up Truck With Utility Body By Piggybacking Off Of Florida Sheriff's Association Bid Number 04- 12-0823. Commissioner Gilmore stated, "It seems like we are constantly seeing on the Consent Agendas, buy a truck today - on somebody else's previous Purchase Order - don't we have a system that can do all of the trucks at one time?" With brief discussion, Manager McLemore stated, "Could it be coordinated to purchase all at one time? Possibly." CONSENT 201. Finance Department Requesting That The City Commission Adopt Resolution 2005-13 Clarifying Ordinance 751, Which Authorizes The City To Charge A Municipal Service Tax On Water Service Within The City, To Include Reclaimed Water. No discussion. ,.-, ~ ;: ~ ~ ~ r' . ,.... . ~~ ;,-. ; . CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 14,2005 PAGE 9 OF 24 CONSENT 202. Public Works Department Requesting Authorization To Install Four (4) Bat Houses In Central Winds Park. Mayor Bush said, "I was just wondering if it might not be worthwhile to contact the School [Winter Springs High School] to see if they are interested in getting involved in this. I think it is a good idea we move forward on it." Mayor Bush added, "But now that we have done this, maybe we need to tell them - we are doing it, do you want to work with us on this?" CONSENT 203. Office Of The Mayor Requesting That The City Commission Authorize A Resolution (2005-12) In Conjunction With The Metroplan Orlando Board. This Agenda Item was not discussed. CONSENT 204. Office Of The City Clerk Requesting Approval Of The February 28, 2005 Regular Meeting Minutes. No discussion. CONSENT 205. Office Of The City Manager Requesting The City Commission To Adopt Resolution Number 2005-14 In Appreciation To Schrimsher Properties, Inc. For Use Of Schrimsher Property Located Within The City Of Winter Springs For A Storm Debris Processing And Reduction Site Following Hurricanes Charley, Frances, And Jeanne. There was no discussion on this Agenda Item. CONSENT 206. Office Of The City Manager Requesting A Supplemental Appropriation Of $25,000.00 From The Solid Waste Fund For Renegotiation/Rebidding Of Solid Waste Services. Brief discussion. c::::. ~ D=- ,.. ..... ~ t"" . ~ ~. ; - CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 14,2005 PAGE 10 OF 24 "MOTION TO APPROVE." MAYOR BUSH STATED, "MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER GILMORE." DISCUSSION. VOTE: COMMISSIONER KREBS: AYE DEPUTYMAYORBLAKE: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. INFORMATIONAL AGENDA INFORMATIONAL 300. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. No discussion. INFORMATIONAL 301. Information Services Department Wishes To Update The Commission On The Status Of The Ongoing LT. [Information Technology] Plan Created In FY (Fiscal Year) 2002. There was no discussion on this Agenda Item. "MOTION TO ACCEPT." MOTION BY COMMISSIONER KREBS. MAYOR BUSH STATED, "MOTION TO ACCEPT THE INFORMATIONAL AGENDA BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER GILMORE". DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER KREBS: AYE DEPUTYMAYORBLAKE: AYE MOTION CARRIED. ,...., ~ ~ , ~ ~ ~ I ,... . :-G ~; ; ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 14,2005 PAGE 11 OF 24 PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 400. Office Of The City Manager Requesting The City Commission To Hold A Public Hearing And Adopt The Second Reading Of Ordinance Number 2005-10 Amending The City's Transportation Impact Fee Ordinance, Chapter 9, Article VIII Of The City Code. City Attorney Anthony A. Garganese read the Ordinance by "Title" only. 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. Deputy Mayor Blake asked, "Was anything changed or developed since the last time we talked about this?" Mr. Terry M. Zaudtke, P.E., CPH, 1117 East Robinson Street, Orlando, Florida: remarked - "Thanks to Eloise Sahlstrom, [AICP, ASLA, Senior Planner, Community Development Department] she found some typographical errors in the report - nothing in the Impact Fee but in the actual Traffic Study and we've made those and provided those to the City." Deputy Mayor Blake said, "But nothing material?" Mr. Zaudtke stated, "Nothing material." "I MAKE A MOTION WE ADOPT ORDINANCE NUMBER 2005-10." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: DEPUTYMAYORBLAKE: AYE COMMISSIONER GILMORE: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. PUBLIC HEARINGS 401. Community Development Department - Planning Division Requests The Commission Hold A Public Hearing For Second Reading and Adoption Of Ordinance 2005-06 Which Rezones 11.028 Acres (More Or Less), Located Along SR [State Road] 434 (Across From Doran Drive) From "A-I" Agricultural (Seminole County) To "Town Center" (City Of Winter Springs). Attorney Garganese read Ordinance 2005-06 by "Title" only. ,.-, ~ ;-- IlL...... ~ ~ ,.... I ,... .. -d r: CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 14,2005 PAGE 12 OF 24 Brief discussion. 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 MAKE A MOTION WE ADOPT ORDINANCE 2005-06." MOTION BY COMMISSIONER GILMORE. SECONDED BY DEPUTY MAYOR BLAKE. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER KREBS: AYE DEPUTYMAYORBLAKE: AYE MOTION CARRIED. PUBLIC HEARINGS 402. Community Development Department - Planning Division Requests The Commission Hold A Public Hearing For First Reading Of Ordinance 2005-09 Which Revises The "R-3 Multi-Family" Zoning District's Permitted And Conditional Uses. "MOTION TO READ 2005-09 BY 'TITLE' ONLY." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: DEPUTYMAYORBLAKE: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" only. Ms. Sahlstrom introduced this Agenda Item and stated, "Staff believes that - going beyond just the office use and actually allowing a 'Conditional Use' for a 'Mixed Use' development, if someone wanted to move that forward, would help to encourage redevelopment in the area. It would also help with the - principles which are crime prevention through environmental design which one of those principles is the idea of 'Mixed Use'." ~ r:~, ;:-- IlL: ~ ,-v-:: ra I ,.... I -~ SS CITY OF WINTER SPRINGS, FWRIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 14,2005 PAGE 13 OF 24 Furthermore, Ms. Sahlstrom added, "We feel that this would also help to increase the variety of housing options available. And SO, when we looked at the Code as to what needed to be amended, we found that there were some definitions that needed to be changed." Ms. Sahlstrom added, "This did go before the Planning and Zoning Board, and they unanimously endorsed it. It was advertised for the - Planning and Zoning Board Meeting as well as advertised for tonight and it will be advertised one more time before the Adoption Hearing assuming that you do - approve it to move it forward to the Second Reading. " Discussion. Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. "I WOULD LIKE TO MAKE A MOTION TO MOVE TO SECOND READING." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. REGULAR 502. Office Of The City Manager Requesting The City Commission To Review A Request Of James Doran Company To Delay Renaming Of The Town Center. Discussion ensued on the renaming of the Town Center. Mayor Bush said, "The Commission voted to change the name. The request is to delay it - so, I think the Commission needs to act one way or another on this request. You could either ignore it, repeal it, or support it." "I MAKE A MOTION THAT WE DELAY IT." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. ,....., ~ ;: fir ~ ~ ,.... I ,.... I ~ ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 14,2005 PAGE 140F24 VOTE: COMMISSIONER KREBS: AYE DEPUTYMAYORBLAKE: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. REGULAR 503. Public Works Department - Stormwater Division Requests Authority From The City Commission To Enter Into Emergency Contracts With Phillips & Jordan, Inc. And A Budget Tree Service, Inc. To Provide Services In The Removal And Clearing Of The Trees And Debris At The Creeks And Canals Caused By The Hurricanes Of 2004 In The Amount Of $114,500.00 OAnd $167,500.00, Respectively. Mr. Lockcuff introduced this Agenda Item. With discussion, Manager McLemore said, "We need to revisit the old Master Plan and that's going to be part of our proposal for the Budget. Deputy Mayor Blake said, "Maybe what you're asking for is the authorization to go do this, review the Master Plan and come back to us with a real number." Deputy Mayor Blake then said, "How long is it going to take to do a Study and bring us the real number?" Mr. Lockcuff said, "We need at least six (6) months." Discussion. Manager McLemore stated, "We need additional funding to provide for maintenance, some capital stability, and the $125,000.00 (One hundred and twenty-five thousand [dollars]) to $130,000.00 (One hundred and thirty thousand [dollars]) extra, we need to pay for all this within the next three (3) months." Discussion. Mr. Lockcuff said, "You approved the design funding as a supplemental appropriation for Stormwater, I believe last Meeting and that's also included in the Grant. We've got to design it, bid it, and bring back that number to you probably within ninety (90) days - we haven't approved any funding for the construction, none of that has been back to you yet. " Discussion. ,...., r-, ::-- K:"" ___ rr: I::a... ~ ; - CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 14, 2005 PAGE 15 OF 24 "I WOULD LIKE TO MAKE A MOTION WE APPROVE THE CREEK CLEAN OUT EXPENDITURE FOR THE TWO (2) CONTRACTS AS DEPICTED IN THE AGENDA ITEM." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE DEPUTYMAYORBLAKE: AYE MOTION CARRIED. "I WOULD LIKE TO MAKE A MOTION WE DIRECT STAFF TO JUMP INTO AN OVERALL - STORMW ATER MASTER PLAN INCLUDING ASSESSMENT OF THE CURRENT AND REQUIRED STORMWATER FEE CHARGED ON A MONTHLY BASIS PER ERU AND GET BACK WITH THE COMMISSION AS SOON AS POSSIBLE." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: DEPUTY MAYOR BLAKE: AYE COMMISSIONER GILMORE: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. REGULAR 504. Office Of The City Manager Requesting That The City Commission Establish New Budget Workshop Dates In June 2005 And Approve The FY (Fiscal Year) 2006 Revised Budget Calendar. Tape 2/Side B Discussion ensued. Manager McLemore left the dais at approximately 8:52 p.m. In business related to the City Manager, Deputy Mayor Blake stated, "Have you noticed that he hasn't come up with his Review yet?" Commissioner Krebs noted, "Wasn't that supposed to be last year..." Deputy Mayor Blake added, "...November. And I believe the Commission passed - a couple of years ago that says ifhe is late again, he doesn't get paid for the difference." Commissioner Krebs noted, "You mean retroactive?" Deputy Mayor Blake said, "That is correct." ,...., r-, :: w- :. ~ ,..... . r' . -G ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 14,2005 PAGE 16 OF 24 .:..:. AGENDA NOTE: THE FOLLOWING PUBLIC INPUT WAS HEARD NEXT. .:. .:. PUBLIC INPUT Mr. Ralph Betancourt, President of Glen Eagle Homeowner's Association, 716 Glen Eagle Drive, Winter Springs, Florida: addressed the City Commission on improving street signs and street lighting in his subdivision. Discussion. Deputy Mayor Blake said, "Any community or sub-community within Winter Springs that wants to pay themselves to improve their community helps the City as a whole; and I think the City should be eager to step up and help them do that in any way possible." Manager McLemore returned to the dais at approximately 8:55 p.m. With further discussion, Deputy Mayor Blake stated, "What I am suggesting is they make a cash financial donation to the City at whatever the cost would be; and have the City use - those monies from that donation, to purchase the signs, install them, accept ownership of them if you will. Manager McLemore said, "No problem." Manager McLemore added, "As long as the collection part of it is their responsibility and not ours, we don't have a problem." Mayor Bush said, "I think the Commission is in agreement and I think probably what needs to happen is the Homeowner's Association needs to work with the Manager, to work out the legal details and bring it back to the Commission for approval." Discussion. Mayor Bush said, "I think that the Commission is in agreement with the concept - work out the details with the Manager - and bring it back for Commission approval." Mr. Lockcuff then said, "Just so 1 am clarified on the streetlighting, is it the Commission's position then that the streetlighting should remain in our name?" Deputy Mayor Blake offered, "I would absolutely think so and that the City enters into a contractual agreement with the mandatory Homeowner's Association - I think we ought to develop some standard for what type of entity we would enter into an Agreement with, just so we have some Policy on it." Deputy Mayor Blake added, "We will get one check, and we would want to have a reserve - of one (1) year in advance, or something of that nature." Furthermore, Mayor Bush added, "I think this needs to come back to the Commission with your recommendations." ,....., r--, =:-- IIIIIr .:II ,.....,...-: t"" I t"" I -r: ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 14,2005 PAGE 170F24 .:. .:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS CONTINUED WITH, FOLLOWED BY THE REST OF THE AGENDA. .:..:. REGULAR AGENDA REGULAR 504. Office Of The City Manager Requesting That The City Commission Establish New Budget Workshop Dates In June 2005 And Approve The FY (Fiscal Year) 2006 Revised Budget Calendar. Discussion ensued on Meeting dates for the Workshops. Manager McLemore advised the City Commission, "We will give you the - Budget in May, you will get - an overview of your Budget at that point in time." With discussion, Mayor Bush said, "We are going to do June 6th, 7t\ and 8th [2005]" as the Budget Workshop dates. Mayor Bush said to Deputy City Clerk, Joan Brown, "Make sure that the other two (2) Commissioners are aware - you might want to send them a note." Mayor Bush called a recess at 9:06 p.m. The Meeting was called back to order at 9: 17 p.m. REGULAR 505. Community Development Department Conceptual Approval Of Lincoln Park Subdivision Plan For 113 Town Homes On 8 Acres, Located On The South Side Of Orange Avenue, Between Jesup's Landing And Tuscawilla Trace. Manager McLemore presented introductory comments related to this Agenda Item. Mr. John Baker, ASLA, Senior Planner, Community Development Department introduced information related to this Agenda Item. Deputy Mayor Blake returned to the dais at approximately 9:20 p.m. Mr. Baker said, "When they come in with their Final Engineering, they do have to do a Traffic Study." Mr. Baker added, "They also will have to demonstrate that this is an adequate number of parking spaces." Discussion. Mr. Baker said, "Staff does recommend the City Commission approve the attached Concept Plan subject to further review in consideration of the building orientations." ..--. r-"'1 :-- -= ~ rr:: ,.... .. ,..... I ~~ ~ . r----- CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 14,2005 PAGE 18 OF 24 Discussion ensued on mitigation. Commissioner Gilmore said, "So, any remediation of this stormwater will occur on this property." Mr. Lockcuff added, "Plus some of Orange Avenue's needs." Commissioner Gilmore stated, "So, you're going to bring Orange Avenue into that retention on the northwest corner?" Mr. Lockcuff said, "That is correct. That is the intent." Further discussion ensued on the elevation of the sidewalks. Mr. David Veil, President, V & B Associates of Orlando, Inc., 8007 Canyon Lake Circle, Orlando, Florida: stated, "Weare trying to create this patio at street level, one to add interest and variety to the elevations; and two, we feel that that will create more accessibility for some of the potential owners." Mr. Veit added, "Actually, our intent will be to step the - mid building maybe not every unit, but every so often, to contour with the grade changes that we have. It will create some unique rooflines, some steps in the rooflines. We have a very different product that allows us to do that." With further discussion, Mr. Veit said, "The key component of our concept is the boulevard and the use of the boulevard around these detention ponds. Weare creating one-way circulation with on-street parking that is going to provide some street calming effects." Mr. Veit noted, "The Staff has been really great to work with so far and we look forward to - finalizing everything." Furthermore, Mr. Veit said, "We've got an elevated plaza, right here. It's going to have some steps on this end - inside of our clubhouse we are going to have an amenities package with an exercise facility, couches - maybe a coffee bar type of thing for the residents. It was planned - we will have the mailboxes also in this space. The elevator will be used for handicapped access up to this plaza. Weare using these units here as a retaining wall for elevating this plaza and creating that detail." Tape 3/Side A The reason why we show the Gazebo is we wanted to reiterate that we are going to be putting a gazebo or a singular facility down here to become part of the Trailhead." Related to parking issues, Commissioner Krebs said, "I am not sure that you do have enough parking because I did notice that you had 2.3 parking spaces per unit, and so my concern turns immediately to your two (2) car garages where those two (2) spaces are taken up in the garage, and now I have three (3) units of where I can park one car; so I just would say, I definitely don't think that that's enough." Commissioner Krebs added, "I really do think it looks nice, conceptually." ~ r-, :--= IlL.. ~ ~ r" I t"" I ~ ~. :---' CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 14,2005 PAGE 190F24 Mr. Franz Budel, Vice President, V & B Associates of Orlando, Inc., 8007 Canyon Lake Circle, Orlando, Florida: said, "John [Baker] did a terrific job for - project." In terms of the parking concerns, Mr. Budel said, "It was a mistake, it's at 2.52." Commissioner Krebs noted, "Now I can get one (1) car for every two (2) units. If I have a guest - what happens if I have guests?" Mr. Budel then remarked, "The actual Code is 2.5 so we are slightly exceeding the Code requirement." Mr. Brudel added, "This is a preliminary concept approval, so we - know, we understand we have some more tweaking to do; and we have been working with the City. So, we can work these issues, as you are pointing out. This is not by far the final proposal but we - want to move forward with a Site Plan approval, the Concept approval, so we can turn on the - Civil Engineer to proceed with these - wetland mitigation, which is really what is going to take a long time." With further discussion on mitigation issues, Mr. Bude1 said, "We had a consultant come in - a few months ago, and they did a study on the wetlands, obviously we are concerned as well." Mr. Bude1 continued, "What was found is that the main - center of the property is really a low grade wetlands which was by the way, two (2) years ago was not rated as a wetland." Mr. Veit explained, "This piece right here is basically a ditch - a ditch and it is a conduit for the water to drain from here through the property to the basin. So we have to - that is technically considered wetlands, that ditch and we have to mitigate that - via a pipe, essentially will be running through our site to get that water from here over to here." Commissioner Krebs asked, "Will you put that in your Report - like if it was man-created or. . ." Mr. V eit said, "... The Report that - the Environmental Report that has been completed, I don't believe that it determines or it states whether this was a man-made..." Commissioner Krebs pointed out to Mr. V eit, ".. . You said it was low grade, and before it wasn't, now it is." Mr. Veit noted, "We know that this ditch is low grade. In addition to having to put this pipe in here, we need to provide a conservation easement on some other acreage somewhere else so that that property can never be developed because of this ditch." Further discussion ensued on wetlands. Mr. Veit said, "This isn't just St. John's River [Water Management District], it is the Army Corp of Engineers that will be reviewing this as well." Discussion ensued on sidewalks. Mr. Veit stated, "The sizes range from 1600 [square foot] to 2400 [square foot] and we will be going from 220 (two hundred and twenty thousand dollars) to $350,000.00 (three hundred fifty thousand dollars)." Regarding arbor issues, Mr. Veit said, "Our intent is in some of the areas where we can get larger trees, we will put in larger trees. Obviously this being a rendering, may have - trees; but it is the intent to create that canopy as much as possible so that - fifteen (15) years from now or ten (10) years from now we have a nice canopy over the street that it just enhances what we're going to see." ~ r-, :--= c 7' P-: r" " ,....... ~ ri CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 14, 2005 PAGE 20 OF 24 "I WILL MAKE A MOTION THAT WE APPROVE THE CONCEPT PLAN PENDING FURTHER STAFF REVIEW AND ENGINEERING DRAWINGS FOR ITEM '505'." MOTION BY COMMISSIONER GILMORE. DEPUTY MAYOR BLAKE STATED, "DOES THAT MOTION INCLUDE ALL THE REPRESENTATIONS MADE THIS EVENING?" COMMISSIONER GILMORE NOTED, "YES." SECONDED BY DEPUTY MAYOR BLAKE. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE MOTION CARRIED. REPORTS REPORTS 600. Office Of The City Attorney - Anthony A. Garganese, Esquire Attorney Garganese stated, "Just to update you - regarding the Binford v. City of Winter Springs case, Mr. Binford has scheduled an Injunction Hearing on April 20th, 2005 in which he'll argue that the City should be enjoined from enforcing its State Road 434 sign guidelines to his property. In the case of [City oj] Winter Springs v. Seminole County, just need to inform the Commission that we agreed on an extension of time to allow the County to file their initial Brief in this case. Apparently, the Circuit Court had not prepared the 'Index' for the Record that was presented before the Trial Court. That 'Index' is supposed to be provided to the County Attorney this week in which point the Brief will be filed, I believe in about twenty (20) days." Next, Attorney Garganese remarked, "I want to go back to that Cell Tower Workshop that we had last week - I went back and reevaluated - whether or not the Applicant needs to get a 'Special Exception' for the equipment storage facility and after reviewing the matter, I have come to the recommendation that they do not require a 'Special Exception' for the construction of the equipment facility. State Law preempts the County's regulations regarding the co-location of equipment facilities for a co-location of an antenna. " ,...-, r-, ~~ r :m ~ o I ,..... I -G ~ ; ]I CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 14,2005 PAGE 21 OF 24 Furthermore, Attorney Garganese noted, "Sprint has through their representative, has informed me today, that they will construct a flush mount antenna on the new antenna and they will do the requisite landscaping for the new equipment facility. State Law also provides - although the equipment facility will be considered a 'Permitted Use', not a 'Special Exception', they do have to comply with the City's Land Development Regulations and aesthetic requirements for the construction of the equipment facility. So, to reiterate at this point, my recommendation is that - the Company just proceed with the normal building permit application process for the equipment facility." REPORTS 601. Office Of The City Manager - Ronald W. McLemore Manager McLemore stated, "I'll be coming to you next Meeting with a Supplemental Appropriation for the Annexation Study involved in this area that we discussed earlier tonight and some preliminary cost on what a park would cost to develop and in particular, maintain. " Secondly, Manager McLemore remarked, "I want to give you a Draft Agenda Item for next week that relates to the Rural Area Transitional Study that we are getting into, and in particular, relating to the appointment ofthe Committee. I want you to be looking at this before the next Meeting and giving it some thought. We've listed all the property owners in that particular Study area and I'm also going to give out another list of people we thought might be good candidates out of that group for your consideration. So, my question to you is be prepared at the next Meeting to give some serious consideration as to how you want to proceed with the appointment of these people and that may not be to appoint them next week, it may be just to discuss how we go forward." With further discussion, Manager McLemore said, "You may want to consider sending out letters and telling people what we're doing, and asking who would express interest to you." REPORTS 602. Office Of The City Clerk - Andrea Lorenzo-Luaces No Report. Brief discussion. REPORTS 603. Commission Seat Two/Deputy Mayor - Michael S. Blake No Report. ~ r-, r--= ~ ~ ,... . ""-4 -~ ~. ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 14,2005 PAGE 22 OF 24 REPORTS 604. Commission Seat Three - Donald A. Gilmore With discussion on a meeting with a representative from Progress Energy, Commissioner Gilmore stated, "Tomorrow night at City Hall in Apopka, the Public Service Commission is holding a Hearing, basically to discuss the quality of service of Progress Energy and how the people think they reacted during the Hurricanes. And I am considering going there and would like permission, at least to indicate something from this Commission as to their feelings - what Progress Energy did during the Hurricanes." Commissioner Gilmore added, "With the blessing of this Commission, I would like to say that they did a pretty good job." With further discussion, Deputy Mayor Blake expressed his concerns regarding this issue. Manager McLemore stated, "If Commissioner Gilmore goes and simply reads our Resolution into the Record, would that make you more comfortable with that situation?" Discussion. Next, Commissioner Gilmore spoke about a call from a resident regarding parking on the street and stated, "I hope that the Police are looking into the options on that issue." Commissioner Gilmore commented that, "I had another issue with Florida Recycling on picking up fences." Further, Commissioner Gilmore said, "I am a little perturbed as to the reaction from Florida Recycling to the City's Contract, ifthis is what it is." Manager McLemore said, "I do have a call into them to discuss this issue and hope I'll have some information back tomorrow." Commissioner Gilmore again mentioned the "Relay for Life" event in Winter Springs, and reiterated that "The Challenge for Friday night still stands." REPORTS 605. Commission Seat Four - Sally McGinnis Absent. REPORTS 606. Commission Seat Five - Joanne M. Krebs Commissioner Krebs stated, "If Barnie's [Coffee & Tea Company] was here, I would like to thank them for that coffee they had for us out there for us." Then, Commissioner Krebs commented on the tree outside of Barnie's [Coffee & Tea Company] at the Town Center and asked about it being moved. Manager McLemore said, "Weare in the process of getting ready to do that." Manager McLemore added, "It needs to be moved." ,....., r:-, ;: M ,-. I ,-. a G ~ ; . ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 14,2005 PAGE 23 OF 24 REPORTS 607. Office Of The Mayor - John F. Bush Mayor Bush commented on remarks made about the County's "State of the County Address". Next, Mayor Bush spoke about Commissioner Morris' comments on Jetta Point- and Soldier's Creek Park and stated, "I think those two present some opportunities to us to meet some demands that we have, especially on our baseball program. I think the Commission needs to look very seriously at this and get back to the County on where we want to go, if we want to go. And I know that the County Manager is supposed to be scheduling a Meeting with Mr. McLemore to further this discussion, so I think it is one of the things that we want to follow up on." Furthermore, Mayor Bush stated, "I hope you enjoyed the presentation on the Library. I think we need to work very hard to get that Library located and I think that the Commission needs to give the Manager some indication at some point about where we think this Library should be located. I think it should be in the Town Center and I think it would be a great draw to the Town Center. We do have land set aside for governmental use in the Town Center, I believe. Correct - about five (5) acres which is about what they need for the Library. However - the County is asking for some partnership and some of the costs here too. So, it is something we need to consider." Mayor Bush said, "Joan [Brown, Deputy City Clerk] did a good job tonight. Joan [Brown], we appreciate you. This is your first time in that Seat and you've done a great job." With further discussion on the Library issue and the cost partnership, Mayor Bush said, "We need to find out a little more about what he was saying there; but I think we need to move ahead with it - I would like to see a Library here in the Town Center." Commissioner Krebs inquired, "When will we discuss that?" Manager McLemore stated, "We need to probably do a little site plan and show what - we can do with the land we have available." Manager McLemore added, "The best place for it is right there at the intersection of Blumberg [Boulevard] and either on the Kingsbury site or on the Blumberg site across the street; and there is enough acreage on the Blumberg site to probably accommodate all of it." Furthermore, Manager McLemore said, "We need to do some preliminary work to give you some information to work with." Mayor Bush added, "I think we should move forward as quickly as we can." Furthermore, Mayor Bush noted, "It might be a good thing to consider before we get to the Budget." Commissioner Krebs added, "Right." Mayor Bush summarized, "I think Mr. McLemore understands and he will be working with the County Staff on this." ,....., r-:-' ~ II1II['" .M ~ "" I ~ I -~ ~ ; . CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 14,2005 PAGE 24 OF 24 Mayor Bush asked Manager McLemore about contacting a potential restaurant chain for the Town Center, to make a presentation and inquired, "What do we have from the City that we can take to sell our City to someone who is not familiar with it?" Manager McLemore commented, "I think what would be helpful is if we knew what was important to them; and basically, they want to know marketing related data. We can show them the type of development taking place. But, they are going to want to know marketing related numbers." Mayor Bush asked, "What about just demographics on our City that is in a nice presentable form - we have that too?" Manager McLemore said, "Yes. We can come up with that." REPORTS 608. Commission Seat One - Robert S. Miller Absent. ADJOURNMENT Mayor Bush adjourned the Meeting at 10:26 p.m. RESPECTFULLY SUBMITTED: ANDREA LORENZO-LUACES, CMC JOAN L. BROWN DEPUTY CITY CLERK APPROVED: JOHN F. BUSH MAYOR NOTE: These Minutes were approved at the , 2005 Regular City Commission Meeting. ~ r~, :--= '--..;;:I p-=: r" " ~ --4 ~ :--: