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HomeMy WebLinkAbout2006 07 10 Consent 406 Approval June 26 Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING JUNE 26, 2006 CALL TO ORDER The Regular Meeting of Monday, June 26, 2006 of the City Commission was called to order by Mayor John F. Bush at 6:34 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Mayor John F. Bush, present Deputy Mayor Michael S. Blake, present Commissioner Robert S. Miller, present Commissioner Donald A. Gilmore, present Commissioner Sally McGinnis, present Commissioner Joanne M. Krebs, present City Manager Ronald W. McLemore, present City Attorney Anthony A. Garganese, arrived at 6:38 p.m. A moment of silence was followed by the Pledge of Allegiance. Mayor Bush stated, "The only Agenda change I am aware of is Item '100' has been rescheduled at the request of Commissioner Krebs and Ms. Katie Tortosa" to another date in July 2006. PUBLIC INPUT Mr. Bob Rucci, 973 Turkey Hollow Circle, Winter Springs, Florida: thanked Commissioner Donald A. Gilmore for informing him about Fund Services to help out with the July 23, 2006 "Hogs & Hound Poker Run" event. Mr. Rucci also commented that he did not put the "Article" in the Seminole Chronicle. City Attorney Anthony A. Garganese arrived at 6:38 p.m. Mr. Rucci then commented on the publicity related to the July 23,2006 "Hogs & Hound Poker Run" event. Mr. Rucci then noted, "Back on April 10th you - turned around and asked Chuck [Pula, Parks and Recreation Director] to take a look at alternatives and I'm hoping that's coming up pretty soon." Deputy Mayor Michael S. Blake stated, "Mr. Rucci, can you give me a call tomorrow?" Mr. Rucci stated, "Send me an email." ..- .: ~ :>- · .....J · .....J ~U ~ ~ L.;--..J I. ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 26, 2006 PAGE 2 OF 31 Mr. Tom Waters, 1033 Antelope Trail, Winter Springs, Florida: commented on Agenda Item "303"; spoke of residential requirements; Ordinance 2006-08; and gave some examples of different garages and properties within the Tuscawilla community. Mr. Eric Breininger, 1207 Lake Lucerne Circle, Winter Springs, Florida: spoke about his concern with traffic; and mentioned that Mr. Kevin Fall with Seminole County had suggested there was some vacant land on US Highway 17-92 that possibly the City and the US Highway 17-92 Community Redevelopment Agency (CRA) could partner together on, which would provide a different entrance to this Development - which would be accessed via US Highway 17-92; and mentioned that such an effort would might protect the quietness of his neighborhood. City Manager Ronald W. McLemore stated, "Yes, it is a viable option and those kind of details could be worked out during the Site Planning process. I would say it has some merit." Mr. Breininger asked, "Is this something that could be looked into further?" Manager McLemore responded, "When they come forward with the site planning, then those kind bf considerations will be looked at in detail, at that point in time." Mr. Breininger stated, "Okay." Mayor Bush added, "Also, Eric [Breininger], the Commission has not approved any densities for this area so your number there - that's the maximum density. " Mr. Mervin 1. Warner, 673 Keuka Court, Winter Springs, Florida: spoke in opposition to Agenda Item "303"; and asked about the Cell Tower Ordinance and Report. Also, Mr. Warner commented on the proposed flags for the entrance to the Tuscawilla community. Regarding Mr. Warner's comment regarding the Cell Tower Ordinance, Attorney Garganese commented, "Staff compiled some Ordinances around the State. Those were forwarded to me about seven (7) days ago or so and now we are in the process of drafting a proposed Ordinance for the City Commission to consider in the very near future." Commissioner Gilmore commented, "The TLBD (Tuscawilla Lighting and Beautification District [Advisory Committee]) did reject the flags at the main entrance to Tuscawilla on either side of Winter Springs Boulevard. I am trying to set up a Meeting with a couple people I know and discuss the flags with the TLBD (Tuscawilla Lighting and Beautification District [Advisory Committee]) at their next Meeting. I would have done it this week, but their Meeting was cancelled for this month and I am not sure, but I think it has been cancelled for next month, also. Is that correct?" Deputy City Clerk Debbie Franklin nodded affirmatively to Commissioner Gilmore. Commissioner Gilmore added, "So they won't have a Meeting this month, nor next month, so we will have to pick it up in the third month." Mr. Bill Triplett, 1211 Deer Run, Winter Springs, Florida: briefly addressed the City Commission on the Agenda Item related to his property. .- : :----: ~~ It '-' . ~ ~--J r- ~ tl-..J III ..J CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 26, 2006 PAGE30F31 AWARDS AND PRESENTATIONS AWARDS AND PRESENT A nONS 100. Office Of City Commissioner Joanne M. Krebs Requests That The City Commission Listen To City Of Winter Springs Resident Katie Tortosa's Presentation On Issues Related To Preserving The Beautiful Environment Of The City Of Winter Springs, Florida. As noted earlier in the Meeting, this Agenda Item was to be rescheduled to a July 2006 City Commission Regular Meeting. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 200. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For First Reading Of Ordinance 2006-05, A Small Scale FLUM (Future Land Use Map) Amendment Which Changes The Future Land Use Map Designation Of Two (2) Parcels Totaling 1.17 Acres, Located On Lake Lucerne Circle From (Winter Springs) "Industrial" To (City Of Winter Springs) "Medium Density Residential". Ms. Eloise Sahlstrom, AICP, ASLA, Senior Planner, Community Development Department presented this Agenda Item. "MOTION TO READ BY 'TITLE' ONLY." MOTION BY COMMISSIONER MILLER. SECONDED BY DEPUTY MAYOR BLAKE. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. Deputy City Clerk Franklin read Ordinance 2006-05 by "Title" only. Ms. Sahlstrom stated, "This did go before the Local Planning Agency. Their recommendation for this Land Use action was to disapprove it. Their concerns were related to the loss of Industrial land which was also their concern with the Large Scale Amendment. Then also, compatibility with the adjacent Wastewater Treatment Plant. . = ~---: ::,-- I V I V ~U K" -=- ~ L.......J L ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 26, 2006 PAGE 4 OF 31 I will make mention at this time that [Mr.] Kip Lockcuff [P.E., Director, Public W orkslUtility Department] has indicated a concern relating to the use of this property if it were to have townhomes built on it. Because of incompatibility with the Wastewater Treatment Plant, but if it were to remain as retention or common area, he would not have a concern. Staff does support the change of the Land Use. We don't know how the Applicant would intend to use it at this time as we have not seen any projected Site Plans or anything like that. So, Staff does recommend approval of the Land Use Amendment based on the Findings that we've included in the Agenda packet." Discussion. Deputy Mayor Blake asked, "Kip [Lockcuff], you are talking about a concern of the adjacent Uses over here? Where exactly in this triangle is the most intensive part of the Wastewater Treatment Plant?" Mr. Lockcuff stated, "The package plants are located generally right here, we have some storage tanks here. We do have a holding pond here, that we do at some point foresee using that access as an egress and ingress to the plan." Furthermore, Deputy Mayor Blake asked, "Is that Florida A venue? Is that a County road or do we have - an Interlocal [Agreement] on that to maintain it? And, what is the status there?" Mr. Lockcuff stated, "It's a County road." Deputy Mayor Blake asked, "Would the City be taking over this portion back here? Or, would that continue to exist or is the Applicant envisioning a request to vacate the right- of-way?" Mr. Lockcuff commented, "They've requested to vacate the right-of-way. We've requested that we retain an egress and ingress Easement and a Utility Easement over that fifty foot (50') right-of-way." Deputy Mayor Blake then inquired, "Or, if not there, some place within that corridor? Have there been any discussions there?" Mr. Lockcuff answered, "No, we have existing utility lines serving Kia, but the egress and ingress could move though." Further discussion. Mayor Bush opened the "Public Input" portion of the Agenda Item. Ms. M Rebecca Furman, Attorney, Lowndes Drosdick Doster Kantor & Reed, P.A., 215 North Eola Drive, Orlando, Florida: representing the Keewin Real Property Company, Ms. Furman commented that "These properties were put under contract and then we've made this Application in order, really in response to the Staff's concern over this little piece being left as an Industrial enclave. It really didn't make a lot of sense to have this Industrial, these two (2) small Industrial properties right next to the Single-Family. So, that's why we brought them in; it's not to increase our density. I know that some of our applications have shown that our intention was somewhere in the number of three thirty four (334). ~ : ~ -: ~~ · V · V ~v -= ~ ~ ~..J L .J CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 26, 2006 PAGE 5 OF 31 We'll bring a Site Plan and the PUD (Planned Unit Development) back before you all, but it's not our intention to increase that. It was actually to respond to the Staffs concerns. We would like to be able to put retention or open space, something like that, but having not gone as far as to understand the hydrology yet and the topography of how you could actually put it there, we don't know if anything would go there, if nothing would go there, but we certainly are intending on having units all the way down there." Commissioner Gilmore asked, "Does that apply to both [2006-]05 and [2006-]06, or just [2006-]05?" Ms. Furman replied, "Not to '06 and I'll speak to that or I'll speak to it then. That actually squares out the property and with the Staff s suggestion we agree that makes a lot more sense to bring that in. So, it wouldn't increase, we're not asking for an increase of the density, but it may be spread out over that parcel." Deputy Mayor Blake asked Attorney Garganese, "This parcel that's under consideration currently - if we had a different designation on that, that wasn't low-density or some Residential Land Use, say for instance, if it was required to be left in either conservation or open space or could only be used for green space or retention, would those acres be included in the overall density development?" Attorney Garganese stated, "We can address that, those issues in a Development Agreement." Deputy Mayor Blake asked, "But would it change the actual Future Land Use designation that we might put on it today? What I am looking for is some level of surety that this parcel or these two (2) parcels aren't actually going to be developed with units, but would act as a buffer, as green space, it would provide the issue with utilities, it would provide some sort of a green space buffer for the residents that live there and still can provide the open space requirements that they might have or retention without. Because - we are talking about tonight, not the Site Plan, we are talking about the Land Use designation." Attorney Garganese noted, "And this issue came up this afternoon. I talked to Becky [Furman] about it and I was looking through the Comprehensive Plan to see if there was something we could do by changing the Future Land Use designation, but given the amount of time we discussed it today, one thought I had was doing a Unity of Title Agreement which would require the Property Owner to unify all of this property as one Development project and then place limitations. Because they're going to be going through - a PUD (Planned Unit Development) process. In the Unity of Title Agreement, we can place limitations on this property, for example, saying it could be used for Storm water purposes, perhaps. . And - if you have some green space requirements, we could certainly put that in the Unity of Title Agreement. And - with respect to density calculations, I guess you want to exclude those, right?" Deputy Mayor Blake stated, "Well, that is the question - how it would normally be done if we didn't go through the steps that you were just talking about. Now, would it be part of the density calculations?" Attorney Garganese answered, "I would think we can agree to that beforehand." Ms. Furman stated, "We'd be happy to agree to that. That's not our purpose. " -- = ~ -: ~ · ...J I ...J ~v -=- ..... -: L.;......J L I CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 26, 2006 PAGE 6 OF 31 Ms. Furman added, "I looked at your open space requirements because I didn't want to agree to open space and then find out that if it's designated open space we can't give you all access across open space. Certainly, not across Conservation. We wanted to be able to put Stormwater because, I mean, economically we are purchasing these pieces of property and we're not just purchasing them to be a buffer, and if they do have some use that's not intrusive to those neighbors, we'd like to be able to use it to benefit the property. " Attorney Garganese stated, "So, the answer is, I mean if you want to condition this approval on putting a Unity Title or Development Agreement together in advance of their PUD (Planned Unit Development) submission, we could go ahead and do that between now and Second Reading." Commissioner Sally McGinnis stated, "What would be the Future Land Use designation - that's what you're just dealing with?" Attorney Garganese stated, "You would keep it as proposed at what Staff is supporting, however it's going to come with limitations that would be in the form of a Development Agreement." Ms. Furman stated, "Well, PUD's (Planning Unit Developments) even have several Uses - different Comp[prehensive] Plan designations also get a little tricky. Again, we're just talking about the -05, I mean, we are planning on putting units on -06." Ms. Helga Schwarz, 720 Gallaway Court, Winter Springs, Florida: as a resident and representing the Highlands Homeowner's Association, Ms. Schwarz mentioned historical references and expressed opposition to this project. Mayor Bush closed the "Public Input" portion of the Agenda Item. Regarding comments from Ms. Schwarz, Commissioner Robert S. Miller commented that "Mayor, I just wanted to point out that all of these Hearings on these discussions have all been in an open forum and the Highlands have been invited to all of these. So, I think the fact that the statement was just made that, you know, their contribution has been totally ignored or they don't have any say in this matter, I don't think that's appropriate. I would like to make sure the Record reflects that - they have been notified about all these issues and they've attended them all. And, this thing about the Golf Course, I find very troubling because 1 think the City has bent over backwards to try and make that an issue that is going to turn out well for the City of Winter Springs and for the Highlands. So, I don't really understand what their issue is with regard to the Golf Course. I'm as interested in making sure that either stays a Golf Course or if it doesn't, that the City purchases that property and turns it into park property of some form that the entire City would get to benefit from. ~ = ~~ p.~ · .J · .J ~...J ~ =i L-..J l .J CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 26, 2006 PAGE 7 OF 31 And, we've had that discussion here one or two times, I've raised that several times, but yet it - continues to be ignored and presented to the people of Highlands as if this City Commission is only interested in developing that as residential property and that is not the case. So, I'd like that to be put on the Record very clearly. And, I hope that we don't get more criticism for abandoning the Golf Course because that is not the case." Ms. Sahlstrom stated, "This piece of property has been cleared. It's got a few trees on the perimeter, but primarily it's been cleared - it could act as a buffer from distance point of view, but it would have to be re-vegetated to be a visual buffer." "I MAKE A MOTION THAT WE MOVE TO A - SECOND READING FOR ORDINANCE 2006-05..." MAYOR BUSH ASKED, "...COMMISSIONER, DID YOU WANT TO INCLUDE WHAT ANTHONY [GARGANESE] RECOMMENDED ON UNITY OF TITLE...?" COMMISSIONER MILLER STATED, "YES, WITH THE UNITY OF TITLE..." ATTORNEY GARGANESE STATED, "...NO RESIDENTIAL UNITS; STORM WATER WOULD BE OKAY, BUT NOT INCLUDED IN THE DENSITY CALCULATION FOR THE OVERALL PROJECT..." COMMISSIONER MILLER STATED, "... TO INCLUDE NOTICE, ISSUES, THOSE QUESTIONS." ATTORNEY GARGANESE STATED, "YES, SIR." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: DEPUTY MAYOR BLAKE: AYE COMMISSIONER KREBS: NAY COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. PUBLIC HEARINGS 201. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For First Reading Of Ordinance 2006-06, A Small Scale FLUM (Future Land Use Map) Amendment Which Changes The Future Land Use Map Designation Of One (1) Parcel Totaling 1.72 Acres, Located At 1228 Florida Avenue From (Winter Springs) "Industrial" To (City Of Winter Springs) "Medium Density Residential". Mayor Bush said, "Can we have a Motion to read by 'Title' only?" .: . : --: ;:.r- I U I '-' ~"-' ~ - ~ ~..J I. ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 26, 2006 PAGE 8 OF 31 "SO MOVED." MOTION BY COMMISSIONER GILMORE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Attorney Garganese read Ordinance 2006-06 by "Title" only. Ms. Sahlstrom stated, "This Item also went to the Local Planning Agency and for the same reasons as previously stated or the other one was recommended for denial with a V ote of four to one (4-1) and concerns were related to the loss of Industrial property particularly related to the Large Scale Future Land Use Map (FLUM) Amendment as well. Staff does, however, recommend approval of this, given that it does square ~ff - a development that you've already approved for an Amendment - that completely surrounds it on three (3) sides and we would not want to see an enclave of Industrial in the middle of all of that. And, the Comp[prehensive] Plan supports removal of incompatible Uses and we would feel that this would remain as an incompatible Use and therefore it's very much justified; and the Findings are included in your Staff Report based on the Criteria stated in the Code and we believe this property does meet the Criteria for a change of Land Use." Commissioner Gilmore asked Ms. Sahlstrom, "In the Findings, and this appears in most of them, it says, 'At such time as the site develops the proposed Development will be required to meet Concurrency standards'. If the State passes the Concurrency law, let's say in early [20]'08 and this project doesn't go until [20]'08, does that mean that they would have to meet the School Concurrency standards at that time?" Ms. Sahlstrom answered, "We do have Concurrency standards in place now, if you are speaking to the School one year, right, it will not be passed untill20]'08. We will have to meet the Concurrency standards that are implemented in our Comp[prehensive] Plan as part of that [20]'08 requirement. Whatever those requirements are - this would need to be met, if this is not approved as the Site Plan prior to that Comp[prehensive] Plan language being implemented." Commissioner Gilmore asked, "The word was 'site develops'. What does 'site develops' mean?" Ms. Sahlstrom replied, "Well, when it comes through Development Review and it comes to you for Final Engineering approval, then it's given the 'Okay' to develop according to those plans." . : ~~ ~I' - · ....J · ....J . ... I fII!!!-- ~ =i L........J I ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 26, 2006 PAGE 9 OF 31 Continuing, Commissioner Gilmore then inquired, "So if they don't have that all done by, let's say the time the State puts through Concurrency, they may have some difficulties?" Ms. Sahlstrom stated, "I think you have a good point, the word 'develops' is not the best word to be used." Manager McLemore stated, "I appreciate Eloise's [Sahlstrom] statement, but this is a legal question and I think that the City Attorney should answer this question. I would like to reiterate what the School Board said the other night, is that Concurrency, based on the way they have developed an Ordinance at this point in time, would involve either them being able to meet their enrollment requirements or some type of mitigation." Tape I/Side B Attorney Garganese stated, "There's no clear answer right now on which properties get in under the wire and which properties don't. I mean you're in the process of putting together an Interlocal Agreement on School Concurrency and - it's going to be very factual - which properties get in and which properties don't, under what's going to be adopted eventually. Can't give you a clear answer right now." Deputy Mayor Blake stated, "I just want to clarify something. Eloise [Sahlstrom], you mentioned that the property is surrounded on three (3) sides by a separate or a different Land Use." Ms. Sahlstrom stated, "Right, based on your Action at the last Meeting where you Approved the Large Scale Amendment..." Deputy Mayor Blake replied, ". . . But, all we Approved was the Transmittal." Ms. Sahlstrom stated, "You Approved the Adoption of it and it's being transmitted to the State for final 'Letter of Intent of Compliance' which has not been put forth by the State yet." Discussion. Continuing, Deputy Mayor Blake stated, "My only concern is that if one of the basis for which we're changing the Future Land Use of this Item which doesn't go through that same Large Scale process, that I would want to make the actual effective date of this change, one that would coincide with the removal of the challenge period on the Large Scale plan. That would avoid a reverse situation problem where if the other one for some reason was challenged, was overturned, for whatever reason, then we don't have - the same Residential Land Use surrounded by Industrial." Attorney Garganese, "So, you're willing to have an additional, Conditional Effective Date language in there for 2006-06..." Deputy Mayor Blake added, "... Yes, instead of thirty-one (31) days after Adoption, have it coincide..." Attorney Gargarese said, "... With the effect, when the Ordinance 2005-29 becomes effective." Deputy Mayor Blake replied, "Yes." Brief discussion. .: = ~-: ;=.~ I ....J · ....J ~I -- I - -= .. ~ L~..J I. J CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 26, 2006 PAGE 100F31 Mayor Bush opened the "Public Input" portion of the Agenda Item. Ms. Helga Schwarz, 720 Gallaway Court, Winter Springs, Florida: representing the Highlands Homeowner's Association and speaking as a resident, Ms. Schwarz noted opposition to this project. Mayor Bush closed the "Public Input" portion of the Agenda Item. Discussion. "MOTION TO MOVE TO SECOND READING." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER MILLER. DISCUSSION. "MOTION TO AMEND - I MOVE WE AMEND THE MOTION TO INCLUDE THE NEW DESCRIPTIVE LANGUAGE FOR THE 'Effective Date' THAT THE ATTORNEY WILL CRAFT AND BRING BACK ON SECOND READING." AMENDMENT TO THE MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: (ON THE AMENDMENT) COMMISSIONER McGINNIS: NAY COMMISSIONER GILMORE: AYE DEPUTYMAYORBLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: .NA Y MOTION CARRIED. DEPUTY MAYOR BLAKE STATED, "THE MOTION THAT IS ON THE FLOOR CURRENTLY AS AMENDED IS TO BRING THE ITEM BACK TO A SECOND .READING AS PRESENTED WITH THE ADDITIONAL LANGUAGE THAT WHEREBY THE 'Effective Date' OF THIS LAND USE CHANGE WILL COINCIDE WITH THE ULTIMATE 'Effective Date' OF A LARGE SCALE AMENDMENT THAT WAS PRESENTED..." COMMISSIONER KREBS ASKED, "...UNITY OF TITLE...?" DEPUTY MAYOR BLAKE STATED, "THAT HAS NOT BEEN PART OF THE MOTION." ATTORNEY GARGANESE STATED, "THE APPLICANT IS SAYING, 'NO, THEY CAN'T DO THAT." - = ~ -: ~~ I ~ . ~ ~v __ -w - ~ L~..J l J CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 26, 2006 PAGE II OF 31 MS. FURMAN STATED, "WE CAN'T DO IT BECAUSE IT'S A DIFFERENT PROPERTY OWNER AND WE HAVE DIFFERENT OBLIGATIONS AS TO CLOSING THAT PROPERTY. SO, WE WILL NOT OWN TITLE ALL AT THE SAME TIME TO THESE PROPERTIES. WE WILL AS TO THE LARGE SCALE AND WE WILL AS TO THE SMALL - AND WE CAN PUT THOSE ALL TOGETHER, BUT IT MAY BE A COUPLE OF YEARS." ATTORNEY GARGANESE STATED, "THAT WAS A TECHNICAL DETAIL THAT I WANTED TO WORK OUT WITH THE APPLICANT, BECAUSE WE NEED TO KNOW WHEN THEY'RE GOING TO BE CLOSING ON THESE PROPERTIES. BECAUSE IN ORDER FOR THEM TO DO UNITY OF TITLE, I DON'T WANT TO BOG THE COMMISSION DOWN WITH THAT ISSUE. BUT, I THINK IF IT'S POSSIBLE TO DO UNITY OF TITLE, SO IT'S ALL ONE BIG DEVELOPMENT PARCEL AND COINCIDES WITH THEIR CLOSING, WE'LL PUT THAT IN THE AGREEMENT." DEPUTY MAYOR BLAKE STATED, "IT'S REALLY RELEVANT TO THIS PIECE AS WELL, MAYOR, BECAUSE THE PURPOSE OF DOING THAT WAS REALLY TO PROTECT AGAINST ANY DEVELOPMENT OF THAT PARCEL RIGHT THERE, BUT TO USE IT FOR GREEN SPACE..." MS. FURMAN INTERJECTED, "...1 AGREE WITH COMMISSIONER BLAKE..." DEPUTY MAYOR BLAKE CONTINUED, "...OR THE DRAINAGE, OR YOU HAVE TO MAINTAIN THE ACCESS EASEMENT FOR THE CITY'S USE FOR THE CITY'S BENEFIT." VOTE: (ON THE MAIN MOTION, AS AMENDED) COMMISSIONER GILMORE: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: NAY MOTION CARRIED. PUBLIC HEARINGS 202. Not Used PUBLIC HEARINGS 203. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For Second Reading/Adoption Of Ordinance 2006-09 Which Rezones 2.85 Acres (More or Less), Located At 1057 U.S. Highway 17-92 North From "C-2 General Commercial" (Winter Springs) to "1-1 Light Industrial" (City Of Winter Springs). Attorney Garganese read Ordinance 2006-09 by "Title" only. ~ ~ ~ ::~ ~ I '-' · V ~U -= ~ ~ L......J I J CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 26, 2006 PAGE 120F31 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 THAT WE ADOPT ORDINANCE 2006-09." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. PUBLIC HEARINGS 204. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For The Aesthetic Review For West End Offices Located On State Road 434 In The Town Center. Ms. Sahlstrom presented this Agenda Item and stated, "I believe you saw this concept that came before you back in February, but at that time, of course, the Review did not authorize any deviations, variations, or Variances from the Code. The Applicant is proposing two (2) office buildings that are identical. They're symmetrical buildings, each three (3) stories in height with a matched plaza area along [State Road] 434. The building as proposed is very attractive and we believe it will enhance the character of the area. We believe that it does have harmony with its relationship to adjust its reserve with a few minor comments that are in your packet as well. The biggest concerns that Staff has, are included in your Findings. Probably the biggest item is the fact that the Applicant has not included a fountain in this plaza. The fact that during the Conceptual Review it was indicated to him that - Commissioner Miller did indicate he wanted to see a fountain. Staff does believe a fountain would help to enliven the public space and add an element of interest and focus. This comment has been supported by Dover Kohl's [& Pa,rtners] office. You have their comments before you as well. In addition, there's some other changes to the plaza area that Staff has made; there's a graphic there and I can go through those, but they are in your Staff Report." Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. ~ . = --: p~ · V · V ~v -= ~ ~ L~ l ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 26, 2006 PAGE 13 OF 31 Mayor Bush closed the "Public Input" portion of the Agenda Item. Discussion. Commissioner Miller suggested, "I would encourage the Aesthetic Review - if they want to put in a nice sculpture also in addition to the fountain, I think that would be great, but I think fountains in a setting like this is one of those things that make it nice for people to walk down the street. It's cooler around the fountain - people sit around in chairs and talk. Around sculptures that I have seen, it doesn't encourage people to come in and enjoy the area, whereas fountains do." Commissioner Miller then noted, "I would like to hope that it would be both a fountain and a nice sculpture." Commissioner McGinnis remarked, "I agree." Ms. Sahlstrom stated, "I wanted to comment that - in the Town Center Code, buildings are required to be no more than ten foot (10') from the right-of-way line as the build-to line and in this particular case because the client of the Applicant was very dead set on this building being located back from [State Road] 434, Staff determined, in discussions with Dover Kohl, that if they were to put in a public plaza area to the front of the building, that would be a way that we could justify having the building set back from the street. Because it is a deviation from the Code and so it was a give and take kind of situation, that the Applicant would then provide a plaza. In order to do a plaza that really creates a very nice people place, it needs to have a fountain. And, as far as the pump goes, if it is a small fountain and it's raised it could be some kind of a raised situation where the pump could actually be below the fountain." Commissioner Joanne M. Krebs stated, "I do agree with Commissioner Miller, I do believe that you are right and you, Eloise (Sahlstrom), that we need something like a fountain - I like those chasing fountains - you've seen them at Disney [World]. I was just wondering about the color burgundy, it is kind of tiring. Is there another color that they might think of using?" Commissioner Krebs added, "It would be nice - if there was some kind of sculpture - and a fountain around it where people could throw in coins - like a wishing well." Discussion. Mayor Bush introduced former Mayor Paul P. Partyka. Mr. Paul P. Partyka, 934 Contravest Lane, Winter Springs, Florida: introduced himself as a partner and his associates in the audience. Mr. Partyka presented a brief background on the project. . = --: . ~. - I ~ I ~ ~- I -- -- ~ ~ L--..J I. .J CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 26, 2006 PAGE 14 OF 31 Mr. Partyka began by stating, "Let me just go (1) through (9) on the Findings. On the first one, this talks to the seat situation. And all that is, is there was a slight crust to that, literally inches. And, the whole reason for that is that the rain would not settle on the seating area. It was meant to keep the rain off and not necessarily keep it flat because then it wouldn't dry as much. Whatever it is, whether it's flat, it has to have some kind of slant to it. So, this is minor and we thought it would be good. And, in addition to that, if anybody ever wanted to sleep on it in the evenings, they'd roll off. So, I think we're okay. But, that was the reason for that. We'd go either way, but the key is to have some kind of slant to that. In terms of number (2), placing the four (4) trees at the raised planters - with seat walls, we thought that the best thing for the trees was to put them in the ground and that would enhance the tree life and would not be a problem, especially under the dry conditions and architecturally it was the best thing to do. We agreed with number (3); we agreed with number (4); we agreed with number (5); we agreed with number (6). There's a Plan that our Architect had brought in that outlined again where those columns are. They've always been there, but you just couldn't see it as clearly. We do have some questions on number (7) and we're not sure what that really means. This was the Plan that was preliminarily Approved and we want to make sure that that's consistent with what this statement is. In terms of number (8), we've sent that into Randy (Stevenson, ASLA, Director, Community Development Department) over the weekend and we agree, it's going to be consistent with this Town Center. Number (9), at this point in time, and based on what was said earlier, the ownership has talked on this property in terms of fountain or sculpture. From a fountain standpoint, these are Lawyers and several things; number one (1), is this project is very expensive and the cost of that fountain would be extremely high relative to where we are right now; number two (2), not only there is a slight problem in terms of the capital cost of building it, but the bigger cost is the on-going operational costs of maintenance issues; and number three (3), when you're dealing with Lawyers, they're always thinking about liabilities and from the insurance and liability standpoint, it's very expensive and they don't want to do that in the long run." Mr. Partyka added, "And number (10), we agree with that in terms of the Developer's Agreement. So, I'll try to summarize the key points. We think this is a terrific project, it's a Class 'A' project. No building's going to be like this in the City. From a cost standroint or the way it's going to be done. The Law Firm is going to take the entire third (3f ) floor, and our hope is with the interest that we've been generating with the type of clients that we want, we hope to be to Building 2 very quickly. At least that's the plan." Discussion. . . : --: p- I V . ~ ~v -= ~ :: L!.......J L J CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 26, 2006 PAGE 15 OF 31 Commissioner McGinnis stated, "As much as 1 would like to see a fountain there, 1 would hate to compromise to be a puny fountain that would be a terrible mistake. So, are you saying 'No fountain'? That your backers have said 'Absolutely no fountain', go to City Hall, and see what you can do?" Mr. Partyka replied, "No, no we have the key people here. Mr. Partyka added, "I won't make that decision." Further discussion. Manager McLemore stated, "Amenities like this, they're easy to take out, but 1 want to go back again and just reiterate what you heard. You know, you all made a pledge to us to make this a people-plaza. You need to follow through on that. Again, it doesn't have to be a fountain, but something that makes it a special place for the public." Deputy Mayor Blake commented, "I agree very much with what the Manager just said. 1 don't think it's really the Commission's job to sit up here and say it has to be a fountain and here is what it has to look like. What 1 am much more interested in is the quality level that has built into this people space." With further discussion, Deputy Mayor Blake stated, "My concern is that this structure and the space before it, provide a level of quality that we're trying to show in the City of Winter Springs. And, if that's a fountain, make it a really nice fountain. Ifit's not going to be a really nice fountain, let's find another way to create value. 1 think that is what is more important to this Commission." Deputy Mayor Blake added, "There is a lot of fountains here - we're not trying to be the City of fountains, 1 don't think. Just the main thing is quality; make sure it's at the right level; and make sure it's warm and inviting." Commissioner Krebs noted, "I heard three (3) Commissioners really supported a fountain there." Tape 2/Side A Furthermore, Commissioner Krebs stated, "I do care whether it is a fountain or not, so, 1 would like you to put a fountain there." Commissioner McGinnis stated, "I would like to see you come back - discuss the fountain, but also 1 am open to an option of a magnificent sculpture." Deputy Mayor Blake left the Commission Chambers at 8:08 p.m. "TABLE THE ITEM." MAYOR BUSH STATED, "MOTION TO TABLE BY COMMISSIONER MILLER. I HAVE A SECOND BY COMMISSIONER KREBS." DISCUSSION. . = --: . ~~ · ...J · ...J ~v .. .. :: L~..J 1 J CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 26, 2006 PAGE 16 OF 31 VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: ABSENT FOR VOTE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. Mayor Bush called a recess at 8:10 p.m. Mayor Bush called the Meeting back to Order at 8:16 p.m. REGULAR AGENDA REGULAR 300. Office Of The City Clerk Requests That Mayor John F. Bush Or A Member Of The City Commission Make An Appointment To Fill A Vacancy On The Code Enforcement Board. MAYOR BUSH STATED, "I'D LIKE TO NOMINATE SHERRI MOORE FOR THE POSITION ON THE CODE ENFORCEMENT BOARD." "I MOVE THE MAYOR'S DESIRE." MOTION BY DEPUTY MAYOR BLAKE. MAYOR BUSH REMARKED, "COMMISSIONER BLAKE NOMINATED SHERRI MOORE FOR THE POSITION ON CODE ENFORCEMENT [BOARD)." Deputy Mayor Blake stated, "Point Of Order" and stated, "Mr. Attorney, our Charter suggests the Mayor doesn't Vote but for a Tie, yet the Mayor has certain Appointments to certain Boards. How can the Mayor Appoint somebody to a Board if the Mayor is unable to Vote, but for the case of a Tie? Does the Mayor's Appointment require a Motion, or does it merely require Ratification? " Attorney Garganese stated, "I think the Mayor - he can recommend or Nominate somebody to serve, but it has to be approved by the City Commission pursuant to the City Code [Section] 2-42." Deputy Mayor Blake asked, "So, the question is, does there need to be a Motion and a Second for the Mayor's Appointment to be considered? Or, does the Mayor's Nomination then require a Vote?" Attorney Garganese stated, "Parliamentary procedure - would require a Motion by - a Commissioner and a Second to get the Mayor's Nomination on the floor." -- : ~ --: ~~ · '-oJ I '-oJ ~v .. -- ~ L.......J l. J CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 26, 2006 PAGE I70F31 Manager McLemore said to Attorney Garganese, "Can't they settle this by virtue of just putting it in their Commission Rules and Procedures? That is what 1 would do. 1 would just put it in your Rules that says, you can do it this way and requires an up and down Vote after he makes his Nomination." Commissioner Krebs said to the City Manager, "That was what you and 1 were supposed to go over, months ago, but we kept putting it off. And, this was exactly the issue and it was so that everybody up here could have an Appointment on, as 1 understood - the Code [Enforcement] Board. We had discussed this - six (6) months ago." Manager McLemore suggested, "I would write it right into your Rules." Commissioner Krebs added, 'I agree, but that was what the Mayor charged you and 1 with getting together on." MAYOR BUSH STATED, "SECONDED BY COMMISSIONER GILMORE." DISCUSSION. COMMISSIONER KREBS STATED, "I JUST WANTED TO REMIND THIS BOARD THAT WE HAVE TWO (2) ALTERNATES. ALTERNATE 1 AND ALTERNATE 2; AND WE HAD DISCUSSED AT ONE TIME WHEN THERE WERE OPENINGS THAT THESE ALTERNATES COULD MOVE UP ONTO THE BOARD, THEN AS I UNDERSTOOD IT, THEN, WE CAN GO BACK THROUGH THE RECORD AND CHECK THIS OUT." COMMISSIONER KREBS ADDED, "WE WOULD THEN APPOINT TO FILL IN THE VACANCIES ON THE ALTERNATES." COMMISSIONER McGINNIS STATED, "I DO REMEMBER THAT, AND THAT WAS THE INTENT AS A MATTER OF FACT. SO, MY ISSUE IS THAT I BELIEVE IT IS APPROPRIATE - I WOULD LIKE TO APPOINT A MEMBER AS ONE OF THE AL TERNA TES AND THEN ANOTHER AL TERNA TE." VOTE: COMMISSIONER KREBS: NAY DEPUTY MAYOR BLAKE: AYE COMMISSIONER McGINNIS: NAY COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: NAY MOTION DID NOT CARRY. COMMISSIONER McGINNIS STATED, "I WOULD LIKE TO NOMINATE DICK CRENSHAW, WHO HAS BEEN SERVING AS AN AL TERNA TE ON THIS BOARD." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. . : ~--: :>~ · ...J · ...J ~IV K. :. - ~ ~..J I J CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 26, 2006 PAGE 18 OF 31 NEXT, COMMISSIONER KREBS STATED, "MY DISCUSSION WAS TO CALL TO YOUR ATTENTION THE LAST TIME THE MIX-UP WITH THE APPOINTMENTS AND THAT THOSE TWO (2) ALTERNATES WERE IN FACT ON THE BOARD AND DID WANT TO BE REAPPOINTED." MAYOR BUSH STATED, "I DO REMEMBER." VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. MAYOR BUSH STATED, "I WOULD LIKE TO RECOMMEND NOW THAT MS. [SHERRI] MOORE BE APPOINTED AS AN ALTERNATE." "I MAKE THE MOTION THAT - MS. MOORE BE APPOINTED AS THE 2ND ALTERNATE; THAT JIM PITTS MOVES UP TO 1ST ALTERNATE; AND MS. MOORE MOVES TO 2ND ALTERNATE." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE FOLLOWING AGENDA ITEMS WERE DISCUSSED IN THE ORDER AS DOCUMENTED. .:. .:. REGULAR REGULAR 302. Office Of The City Manager Requesting The City Commission To Approve The Health Insurance Plan And Provider For Fiscal Year 2007. Manager McLemore began this presentation. Ms. Fluffy Bellus, Bellus Insurance Services, 1251 Miller Avenue, #B, Winter Park, Florida: began the discussion on Health Insurance. . = ~ --: ~- -- · ....J · ....J ~U .:. ~ ~ L~-I l .J CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 26, 2006 PAGE 190F31 With discussion on how much employees pay for Health Insurance, Deputy Mayor Blake said, "We don't have the Contribution strategy break-out here." Ms. Bellus stated, "The employee cost for your Core Plan, is five dollars ($5.00) a month..." Deputy Mayor Blake said, "... Where in our packets does that say that Ron [McLemore]?" Manager McLemore noted, "It's probably not in this packet. It's the Policy you all adopted last year." Deputy Mayor Blake then said, "Well, we should have all of that information here before us - this is a major Budget Line Item that we are talking about and we don't have all of the information." Commissioner Krebs stated, "I agree." Deputy Mayor Blake then inquired, "Have we had discussion at all about changing the Contribution strategy?" Brief discussion. "MOTION TO TABLE." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER McGINNIS: NAY COMMISSIONER KREBS: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR BLAKE: AYE MOTION CARRIED. Deputy Mayor Blake noted, "Bring it back when it is complete." Manager McLemore asked, "Can you give me a little bit of information of what you're looking for?" Deputy Mayor Blake stated, "The information we need to make a decision on - where are we coming from; where are we going." REGULAR 301. Office Of The City Clerk Requests That Deputy Mayor Michael S. Blake Make The Following Appointments Related To The Terms Of Office Which Will Be Expiring In July 2006 - Specifically Regarding A Member Of The Beautification Of Winter Springs Board; And The Tuscawilla Lighting And Beautification District Advisory Committee. Brief discussion. "I WOULD LIKE APPOINT DENISE RYSER TO THE TLBD (TUSCA WILLA LIGHTING AND BEAUTIFICATION DISTRICT [ADVISORY COMMITTEE]) AND THIS WOULD INCLUDE AN APPOINTMENT PERIOD OF THREE (3) YEARS, AND ONE (1) MONTH..." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER KREBS. DISCUSSION. -- = ~-: ~ · '-oJ I ...J ~v -=- ... ~ L~ I. J CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 26, 2006 PAGE 20 OF 31 VOTE: COMMISSIONER MILLER: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. DEPUTY MAYOR BLAKE STATED, "I WILL - POSTPONE THE APPOINTMENT ON THE BOWS (BEAUTIFICATION OF WINTER SPRINGS ADVISORY [BOARD]) BOARD." Deputy Mayor Blake stated, "I am actually leaving Office pretty soon and 1 just made an Appointment that will go out three (3) years into whoever fills this Seat, their Term of Office. 1 think it is very appropriate if we look at the way that we Appoint our Board Members." Furthermore, Deputy Mayor Blake noted, "I think we need to restructure the way we Appoint all of our Board Members so that they coincide with the Seats who Appoint them." Commissioner Miller stated, "I think we should just leave it the way it is." Commissioner McGinnis stated, "I was going to say, this has. been discussed before. It has been dealt with before and the decision was made to just leave it like it is." Commissioner Krebs stated, "I would like to remind Commissioner Blake that 1 trust his judgment, but also keep in mind that when you make your Appointment, the rest of us Ratify it. So, we're all actually agreeing with you and there's usually a few of us still left on the Board at that time. So, 1 think we should leave it." .:. .:. AGENDA NOTE: THE FOLLOWING PUBLIC HEARINGS AGENDA ITEM WAS AGAIN DISCUSSED, AS DOCUMENTED. .:. .:. PUBLIC HEARINGS PUBLIC HEARINGS 204. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For The Aesthetic Review For West End Offices Located On State Road 434 In The Town Center. MAYOR BUSH STATED, "MOTION TO REMOVE FROM THE TABLE BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER KREBS." DISCUSSION. - : ~ """,:. ;>- · u · u ~0 -= .. - ~ L~..J I J CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 26, 2006 PAGE 21 OF 31 VOTE: DEPUTY MAYOR BLAKE: AYE COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Mr. Partyka stated, "I think that we may be able to do something here tonight. Number one - the fountain was not something that we said we would do. It was something that we would consider. So, we're going to do that. More importantly, 1 think, we have a potential solution to this, and that's an outcome of discussions with Ron [McLemore], Eloise [Sahlstrom], and Randy [Stevenson] and also with the ownership here and the Architect. " Mr. Russ Suddeth, J Raymond Construction Corporation, 465 West Warren Avenue, Longwood, Florida: stated, "On this particular building, the ownership elected to preserve the design intent that Mr. Starmer and Ranaldi put forth with the renderings. So, 1 did not attack or 1 did not focus any efforts on any exterior elements from a value engineering standpoint. Anything that was looked at for cost savings was on the inside components, the electrical systems, mechanical systems. So, nothing really has been changed or valued engineered, if you will. This is a first rate project. The Starmer Ranaldi [Planning and Architecture Inc] has specified top of the line materials with the railings, the balcony features, the standing seam roof. It's a solid quality construction, the structure will be made out of tilt-wall, which is solid seven and quarter inch (7V4) panels. The glazing in itself is one inch (1 ") insulated glass for sound proofing. It's not a case where the owners come in there with a hatchet to cut the components. They want the first rate, Class A office project which they've gotten. Having been involved with several office construction projects - around the state and locally here, 1 can attest to the fact that this building from a construction cost standpoint, of course some of that is attributed to the rising construction costs, it is a tad more than what you see froin a construction standpoint over at the Town Center. So, those things, they haven't wielded the value engineering ax, and they've kept and preserved the design intent." Manager McLemore asked, "How long will it take to construct this building?" Mr. Suddeth replied, "Our timeline for, assuming that the permits come in place and the approvals are in place, we are hoping to break ground August-ish and have it ready for a shell completion in late 2006, early 2007, ready for build outs." Commissioner Krebs asked Mr. Partyka regarding his opening statement, "I was going to try to pin you down when you said - are you considering a fountain or are you doing a fountain?" . : ~ --: ~~ · ...J . '-' ~v -- -- ~ ~..J l -1 CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 26, 2006 PAGE 22 OF 31 Mr. Partyka replied, "Right now it's under consideration right now; and we also have some other comments that was given to us with Ron [McLemore], and with Randy [Stevenson], and Eloise [Sahlstrom] that may ultimately get to where you want, which is a nice place and a people gathering place which is what we want also." Mr. Carl Napolitano, Allen, Dyer, Doppelt, Milbrath & Gilchrist, P.A., 255 South Orange Avenue, Suite 1401, Orlando, Florida: commented, "I'm one of the partners and one of the Managing Partners in the development of this office building. We've been looking for an offiee spaee for over a year and we started in October to give consideration to this particular site and we developed our team with Russ (Suddeth), Paul (Partyka), Bill Starmer and his group, and have given it serious attention. What's coming through or what came through more clearly at this Meeting was that there's an interest on the part of the City to create a pleasant place and an inviting place for the public to sit and talk and read and whatever; and that's always been our intention. And, we thought we were doing that with what the Architect had done in the sense of the image that's being created in the structure of the building; the evaluation, the rounds, comfortable features and so on. At the break, we talked about in addition to what we have is about a hundred and sixty feet (160'), maybe more, of seating wall. In addition, to the seating wall, it was pointed out that it might be more inviting if we added some seating around - four (4) of the trees which we're more than happy to do if that's what enhances, or further enhances the attraction for the public to sit there. But, I have to contradict Paul (Partyka), we've given serious thought to a fountain and we are not planning to build a fountain. We're also not planning to put in a sculpture." Mr. Napolitano added, "With regard to a fountain, it's not only the capital cost; and I've had experience with owning fountains and having to close them down. But, it's the maintenance, as Mr. Gilmore pointed out, but more than that, it's the liability that we're concerned about; and the feedback that I'm getting from my Insurance Agent is the difficulty in getting insurance for a building anyway. And, I don't want to create attractive nuisances from the insurance point of view, not from the aesthetic point of view. But, we think we've created an aesthetically pleasing facility. We think we've invited the public to mill around and talk and take their break. We've created an image that we're proud of; and I think that we can present this with the modification of the seating wall and say that that's our public place in our plaza." With discussion on this project and public space, sculptures, and fountains, Commissioner McGinnis stated, "You might want to contact Villagio's. Find out who their Insurance carrier is; they have a fountain." . = ~ -: ~~ I V .. U ~l..u K .. ~ L--..J I .J CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 26, 2006 PAGE 23 OF 31 Commissioner Krebs stated, "You are right, your idea, isn't my idea. But, that building, that place, that plaza, that's not inviting. It looks like a couple of colors of bricks and a few trees. There's no color, there's nothing that says, "Come and sit'. There's nothing that says stay awhile or walk slow. 1 would walk right past that building." Mr. Napolitano said, "The building is an office building. The plaza is what's inviting people to sit." Furthermore, Commissioner Krebs stated, "To me that looks like a bunch of trees and - if you're saying there's going to be seats there, 1 would have to see it - 1 don't think seats are the answer around trees - 1 think this is going to look like you're boxing it in - 1 think you need something of interest there. 1 don't think it is there yet." Discussion. Tape 2/Side B Further discussion followed on this proposed project, public space, and a quality fountain. "MOTION TO ADJOURN. IT IS AFTER NINE O'CLOCK." MOTION BY COMMISSIONER KREBS. MOTION DIED FOR LACK OF A SECOND. Commissioner Miller stated, "1 just wanted to point out that if we accept this Aesthetic Review here this evening, that's what the building is going to look like. There won't be a fountain, there won't be a sculpture, there won't be anything. It will look actually the way it is portrayed right there with the difference of the Elevation which is actually quite little things that would enclose the trees where people could sit on it; and that's it. So, for that reason 1 hope we - push for the fountain, water feature out there because 1 think - it would be sad if we don't ask for that." "I WOULD LIKE TO MAKE A MOTION THAT WE. APPROVE THE AESTHETIC REVIEW FOR THE WEST END OFFICES LOCATED ON [STATE ROAD] 434 IN THE TOWN CENTER, INCORPORATING STAFF'S FINDINGS (1) - (10) WITH THE EXCEPTION OF NUMBER (1) - NUMBER (1) IS TO REVISE THAT THE SEAT WALL WOULD HAVE TO BE FLAT TO ACCOMMODATE SEATING. I THINK IT SHOULD ACCOMMODATE SEATING, BUT I DON'T BELIEVE IT NECESSARILY HAS TO BE FLAT. AND SECONDLY, NUMBER 9, 'THE FOUNTAIN AREA OR SIGNIFICANT PIECE OF SCULPTURE MUST BE INCLUDED' THAT WOULD BE AMENDED TO READ THAT THERE IS AN 'AREA OF SIGNIFICANT VALUE THAT IS CREATED IN THE PUBLIC SPACE, ALONG [STATE ROAD] 434." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. ~~ ~ .~ .. ~ ~V --- --- ~ t:..~ t'.- I CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 26, 2006 PAGE 24 OF 3! COMMISSIONER MILLER STATED, "I WOULD LIKE TO AMEND THE MOTION TO INCLUDE THE AREA OF SIGNIFICANT VALUE IN THE PLAZA INCLUDES - A WATER FEATURE OF SOME FORM, SUCH AS A FOUNTAIN." AMENDMENT TO THE MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: (ON THE AMENDMENT) COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: NAY COMMISSIONER McGINNIS: NAY COMMISSIONER MILLER: AYE DEPUTY MAYOR BLAKE: NAY MOTION DID NOT CARRY. VOTE: (ON THE ORIGINAL MOTION) DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: NAY COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIOENR KREBS: NAY MOTION CARRIED. .:..:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS DISCUSSED NEXT, AS DOCUMENTED. .:..:. REGULAR REGULAR 303. Community Development Department Requests, In Accordance With Emergency Ordinance 2006-08 [The Community Development Department Requests], That The City Commission Consider An Appeal Of A Staff Decision To Deny A Building Permit On The Basis Of Neighborhood Compatibility And Harmony Involving A Proposed Single Story Garage Attached To The House By A Breezeway At 1211 Deer Run In Unit 4 Of The Tuscawilla Planned Unit Development. Mr. Randy Stevenson stated, "Staff has reviewed the Application for the Building Permit in accordance with City Code and with the Criteria set forth in Ordinance 2006-08 and has denied the issuance of the Permit based upon the location of the garage door facing the street. A great majority of garages in this neighborhood are side loaded." Continuing, Mr. Stevenson noted, "Staff denied the request on June 19th, because it was not compatible and not in harmony with the existing single-family residence in the surrounding neighborhood. The Property Owner filed a timely notice of Appeal on June 21st" [2006]. a = ~ ~ ::' - I '-" I ~ ~-U ~ w ~ ~.J I J CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 26, 2006 PAGE250F31 Staff recommends that the Commission consider the Applicant's Appeal - of Staffs denial and render a final decision on the compatibility and harmony of the proposed garage. I would also mention that I have spoken to Mr. Triplett and - one of the things that we would need to go forward with this, there are two (2) things actually, we would need to have a scale drawing Site Plan of this garage showing its exact location on the site rather than just the survey. He has agreed to provide that. We would also need to address separation at that point. The Tuscawilla Unit 4 Deed Restrictions talk about a thirty foot (30') separation. In addition, he would have to meet a minimum of ten foot (10') setback along that property line." Ms. Stevenson referenced a letter from a neighboring Property Owner that had been provided. Further discussion. Mr. Bill Triplett, 1211 Deer Run, Winter Springs, Florida: stated, "I am not trying to do anything to hurt Tuscawilla - or the residents. I have spoken to numerous - neighbors; they have stopped by - they've asked to go through the house - we've let them go through the house." With further comments, Mr. Triplett stated, "I told them that 1'd also put a six (6) or eight foot (8') wall with a gate, electric gate that opens there. So, you won't even really be able to see that garage from where it's going be. I am going to put a real nice block wall up there, assuming that you let me." Discussion. Commissioner Krebs asked, "Is there not anyway to engineer back here, a r~ar entrance loaded - garage? Is there enough room back there for that?" Furthermore, Commissioner Krebs stated, "A side-loaded or even rear, it doesn't matter." Mr. Stevenson replied, "Side loaded garage, you don't have the distance to put one in here because of the proximity to the property line. A side loaded garage would have to come beyond this porch and be placed in this area. The driveway extended back to pull in back here." Commissioner Krebs added, "But it is possible." Mr. Stevenson noted, "It is possible." Commissioner Krebs asked the Property Owner, "When you bought your property, were you aware of what you could and couldn't do? Did you research that? Did you know that there may be problems - in normally all of the homes in Tuscawilla?" .: = ~ --: ::~ - I ~ I V ~v Ill:: ... ~ L.-...J L J CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 26, 2006 PAGE 26 OF 31 Ms. Sonya Triplett, 1211 Deer Run, Winter Springs, Florida: commented, "We didn't realize we were going to the extent that we have in renovating this house. We didn't realize we were going to have to do as much because there were so many things that were wrong with this house. We could do the garage facing sideways; we would have to extend the circular driveway coming up the other side of the house and that would mean that there would be a lot of concrete coming around the house, in order for us to do that. That would be a little bit difficult." Discussion. "MOTION TO DENY." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSION McGINNIS. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BLAKE: AYE MOTION CARRIED. "MOTION TO ADJOURN." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION VOTE: COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR BLAKE: AYE MOTION CARRIED. Deputy Mayor Blake stated, "Point Of Order. " "AS I WAS ON THE AFFIRMATIVE SIDE OF THAT VOTE, I WOULD LIKE TO MAKE A MOTION WITH THE DISCUSSION FOR THE COMMISSION TO RECONSIDER THE PREVIOUS ACTION." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. -- ~ ~ --: ~-- I '-' I '-' ~L0 K" ~ -:: L~..J I J CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 26, 2006 PAGE 27 OF 31 VOTE: COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. CONSENT AGENDA CONSENT 400. Community Development Department Advising The City Commission Of The Automatic Renewal Of The Existing Cooperation Agreement With Seminole County For Community Development Block Grant (CDBG) Funding. This Agenda Item was not discussed. CONSENT 401. Utility Department Requesting Approval For The Purchase Of A ConVault Above Ground Diesel Fuel Tank From Core Engineered Solutions, Inc. Piggybacking Off Of Using GSA Contract #GS07F-9110G For A Total Of $16,037.92. There was no discussion on this Agenda Item. CONSENT 402. Public Works Department - Capital Projects Division Requesting Approval Of The Second Contract Agreement With Progress Energy For Installation Of 94 Streetlights Along Northern Way South As Part Of The Tuscawilla Lighting And Beautification District (TLBD) Phase 2 Beautification Project. No discussion. . = ~ --: ~ . ,... .. V .. d ~U -- ~ -=: La-..J l J CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 26, 2006 PAGE280F3I CONSENT 403. Public Works Department Requests The City Commission Validate The Staff Recommendation Finding The Moss Road International Office Complex To Be Built In Substantial Accordance With The Final Engineering Plans And To Accept The Potable Water And Sanitary Sewer Infrastructure For Ownership And Maintenance. This Agenda Item was not discussed. CONSENT 404. Office Of The Mayor Requests That The City Commission Approve Resolution 2006-32 As Part Of The City Of Winter Springs Nomination Packet For The Honorable John F. Bush, Mayor; Resolution 2006-33 As Part Of The City Of Winter Springs Nomination Packet For Anthony A. Garganese, City Attorney; Resolution Number 2006-34 As Part Of The City Of Winter Springs Nomination Packet For Andrea Lorenzo- Luaces, City Clerk; And Resolution 2006-35 As Part Of The City Of Winter Springs Nomination Packet For Timothy J. LaIlathin, Fire Chief - All For The Florida League Of Cities 2006 "Florida Cities Of Excellence Awards". There was no discussion on this Agenda Item. CONSENT 405. Office Of The City Clerk Requesting Approval Of The June 12, 2006 Attorney-Client Session Meeting Minutes. No discussion. CONSENT 406. Office Of The City Clerk Requesting Approval Of The June 12, 2006 Regular City Commission Meeting Minutes. This Agenda Item was not discussed. "MOTION TO APPROVE" COMMISSIONER McGINNIS. DISCUSSION. [CONSENT AGENDA]. MOTION BY SECONDED BY DEPUTY MAYOR BLAKE. c : ~ ~ ;J--- · v . '-' ~U IE: .,. ~ L~ L .J CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 26, 2006 PAGE 29 OF 31 VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. INFORMATIONAL AGENDA INFORMATIONAL 500. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. No discussion. INFORMATIONAL 501. Parks And Recreation Department Wishes To Inform The City Commission About The July 4, 2006 CeleJ:.>ration Of Freedom Special Event. This Agenda Item was not discussed. "I MOVE APPROVAL OF THE INFORMATIONAL AGENDA." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. ~ = ~ -: ~ .. v It ~ ~Ld -= ~ ~ L~ L J .:. .:. AGENDA NOTE: THE FOLLOWING DISCUSSED DURING THIS REGULAR MEETING. REPORTS CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 26, 2006 PAGE300F31 REPORTS WERE NOT .:. .:. REPORTS 600. Office Of The City Attorney - Anthony A. Garganese, Esquire REPORTS 601. .Office Of The City Manager - Ronald W. McLemore REPORTS 602. Office Of The City Clerk - Andrea Lorenzo-Luaces, CMC REPORTS 603. Office Of The Mayor - John F. Bush REPORTS 604. Commission Seat One - Robert S. Miller REPORTS 605. Commission Seat Twoffieputy Mayor - Michael S. Blake REPORTS 606. Commission Seat Three - Donald A. Gilmore REPORTS 607. Commission Seat Four - Sally McGinnis REPORTS 608. Commission Seat Five - Joanne M. Krebs -- : ~-: ~ · ...:J rt v ~d II:. -,. ~ L~ L J CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 26, 2006 PAGE 31 OF 31 ADJOURNMENT "I MOVE WE ADJOURN THIS MEETING AND MOVE INTO OUR - WORKSHOP." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER GILMORE: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. Mayor Bush adjourned the Regular Meeting at 9:41 p.m. RESPECTFULLY SUBMITTED: ANDREA LORENZO-LUACES, CMC CITY CLERK DEBBIE FRANKLIN, DEPUTY CITY CLERK APPROVED: JOHN F. BUSH MAYOR NOTE: These Minutes were approved at the , 2006 Regular City Commission Meeting. K = ~ --: ~~ - · ...J I U ~U K. .. ~ L~..J I J CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING JUNE 26, 2006 CALL TO ORDER The Regular Meeting of Monday, June 26, 2006 of the City Commission was called to order by Mayor John F. Bush at 6:34 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Mayor John F. Bush, present Deputy Mayor Michael S. Blake, present Commissioner Robert S. Miller, present Commissioner Donald A. Gilmore, present Commissioner Sally McGinnis, present Commissioner Joanne M. Krebs, present City Manager Ronald W. McLemore, present City Attorney Anthony A. Garganese, arrived at 6:38 p.m. A moment of silence was followed by the Pledge of Allegiance. Mayor Bush stated, "The only Agenda change I am aware of is Item '100' has been rescheduled at the request of Commissioner Krebs and Ms. Katie Tortosa" to another date in July 2006. PUBLIC INPUT Mr. Bob Rucci, 973 Turkey Hollow Circle, Winter Springs, Florida: thanked Commissioner Donald A. Gilmore for informing him about Fund Services to help out with the July 23, 2006 "Hogs & Hound Poker Run" event. Mr. Rucci also commented that he did not put the "Article" in the Seminole Chronicle. City Attorney Anthony A. Garganese arrived at 6:38 p.m. Mr. Rucci then commented on the publicity related to the July 23,2006 "Hogs & Hound Poker Run" event. Mr. Rucci then noted, "Back on April 10th you - turned around and asked Chuck [Pula, Parks and Recreation Director] to take a look at alternatives and I'm hoping that's coming up pretty soon." Deputy Mayor Michael S. Blake stated, "Mr. Rucci, can you give me a call tomorrow?" Mr. Rucci stated, "Send me an email." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 26, 2006 PAGE 2 OF 31 Mr. Tom Waters, 1033 Antelope Trail, Winter Springs, Florida: commented on Agenda Item "303"; spoke of residential requirements; Ordinance 2006-08; and gave some examples of different garages and properties within the Tuscawilla community. Mr. Eric Breininger, 1207 Lake Lucerne Circle, Winter Springs, Florida: spoke about his concern with traffic; and mentioned that Mr. Kevin Fall with Seminole County had suggested there was some vacant land on US Highway 17-92 that possibly the City and the US Highway 17-92 Community Redevelopment Agency (CRA) could partner together on, which would provide a different entrance to this Development - which would be accessed via US Highway 17-92; and mentioned that such an effort would might protect the quietness of his neighborhood. City Manager Ronald W. McLemore stated, "Yes, it is a viable option and those kind of details could be worked out during the Site Planning process. I would say it has some merit." Mr. Breininger asked, "Is this something that could be looked into further?" Manager McLemore responded, "When they come forward with the site planning, then those kind bf considerations will be looked at in detail, at that point in time." Mr. Breininger stated, "Okay." Mayor Bush added, "Also, Eric [Breininger], the Commission has not approved any densities for this area so your number there - that's the maximum density. " Mr. Mervin L. Warner, 673 Keuka Court, Winter Springs, Florida: spoke in opposition to Agenda Item "303"; and asked about the Cell Tower Ordinance and Report. Also, Mr. Warner commented on the proposed flags for the entrance to the Tuscawilla community. Regarding Mr. Warner's comment regarding the Cell Tower Ordinance, Attorney Garganese commented, "Staff compiled some Ordinances around the State. Those were forwarded to me about seven (7) days ago or so and now we are in the process of drafting a proposed Ordinance for the City Commission to consider in the very near future." Commissioner Gilmore commented, "The TLBD (Tuscawilla Lighting and Beautification District [Advisory Committee]) did reject the flags at the main entrance to Tuscawilla on either side of Winter Springs Boulevard. I am trying to set up a Meeting with a couple people I know and discuss the flags with the TLBD (Tuscawilla Lighting and Beautification District [Advisory Committee]) at their next Meeting. I would have done it this week, but their Meeting was cancelled for this month and I am not sure, but I think it has been cancelled for next month, also. Is that correct?" Deputy City Clerk Debbie Franklin nodded affirmatively to Commissioner Gilmore. Commissioner Gilmore added, "So they won't have a Meeting this month, nor next month, so we will have to pick it up in the third month." Mr. Bill Triplett, 1211 Deer Run, Winter Springs, Florida: briefly addressed the City Commission on the Agenda Item related to his property. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 26, 2006 PAGE 3 OF 3 I AWARDS AND PRESENTATIONS A WARDS AND PRESENTATIONS 100. Office Of City Commissioner Joanne M. Krebs Requests That The City Commission Listen To City Of Winter Springs Resident Katie Tortosa's Presentation On Issues Related To Preserving The Beautiful Environment Of The City Of Winter Springs, Florida. As noted earlier in the Meeting, this Agenda Item was to be rescheduled to a July 2006 City Commission Regular Meeting. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 200. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For First Reading Of Ordinance 2006-05, A Small Scale FLUM (Future Land Use Map) Amendment Which Changes The Future Land Use Map Designation Of Two (2) Parcels Totaling 1.17 Acres, Located On Lake Lucerne Circle From (Winter Springs) "Industrial" To (City Of Winter Springs) "Medium Density Residential". Ms. Eloise Sahlstrom, AICP, ASLA, Senior Planner, Community Development Department presented this Agenda Item. "MOTION TO READ BY 'TITLE' ONLY." MOTION BY COMMISSIONER MILLER. SECONDED BY DEPUTY MAYOR BLAKE. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE DEPUTYMAYORBLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. Deputy City Clerk Franklin read Ordinance 2006-05 by "Title" only. Ms. Sahlstrom stated, "This did go before the Local Planning Agency. Their recommendation for this Land Use action was to disapprove it. Their concerns were related to the loss of Industrial land which was also their concern with the Large Scale Amendment. Then also, compatibility with the adjacent Wastewater Treatment Plant. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 26, 2006 PAGE 4 0F 31 I will make mention at this time that [Mr.] Kip Lockcuff [P.E., Director, Public Works/Utility Department] has indicated a concern relating to the use of this property ifit were to have townhomes built on it. Because of incompatibility with the Wastewater Treatment Plant, but if it were to remain as retention or common area, he would not have a concern. Staff does support the change of the Land Use. We don't know how the Applicant would intend to use it at this time as we have not seen any projected Site Plans or anything like that. So, Staff does recommend approval of the Land Use Amendment based on the Findings that we've included in the Agenda packet." Discussion. Deputy Mayor Blake asked, "Kip [Lockcuff], you are talking about a concern of the adjacent Uses over here? Where exactly in this triangle is the most intensive part of the Wastewater Treatment Plant?" Mr. Lockcuff stated, "The package plants are located generally right here, we have some storage tanks here. We do have a holding pond here, that we do at some point foresee using that access as an egress and ingress to the plan." Furthermore, Deputy Mayor Blake asked, "Is that Florida A venue? Is that a County road or do we have - an Interlocal [Agreement] on that to maintain it? And, what is the status there?" Mr. Lockcuff stated, "It's a County road." Deputy Mayor Blake asked, "Would the City be taking over this portion back here? Or, would that continue to exist or is the Applicant envisioning a request to vacate the right- of-way?" Mr. Lockcuff commented, "They've requested to vacate the right-of-way. We've requested that we retain an egress and ingress Easement and a Utility Easement over that fifty foot (50') right-of-way." Deputy Mayor Blake then inquired, "Or, if not there, some place within that corridor? Have there been any discussions there?" Mr. Lockcuff answered, "No, we have existing utility lines serving Kia, but the egress and ingress could move though." Further discussion. Mayor Bush opened the "Public Input" portion of the Agenda Item. Ms. M Rebecca Furman, Attorney, Lowndes Drosdick Doster Kantor & Reed, P.A., 215 North Eola Drive, Orlando, Florida: representing the Keewin Real Property Company, Ms. Furman commented that "These properties were put under contract and then we've made this Application in order, really in response to the Staffs concern over this little piece being left as an Industrial enclave. It really didn't make a lot of sense to have this Industrial, these two (2) small Industrial properties right next to the Single-Family. So, that's why we brought them in; it's not to increase our density. I know that some of our applications have shown that our intention was somewhere in the number of three thirty four (334). CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 26, 2006 PAGE 5 OF 31 We'll bring a Site Plan and the PUD (Planned Unit Development) back before you all, but it's not our intention to increase that. It was actually to respond to the Staffs concerns. We would like to be able to put retention or open space, something like that, but having not gone as far as to understand the hydrology yet and the topography of how you could actually put it there, we don't know if anything would go there, if nothing would go there, but we certainly are intending on having units all the way down there." Commissioner Gilmore asked, "Does that apply to both [2006-]05 and [2006-]06, or just [2006- ]05?" Ms. Furman replied, "Not to '06 and I'll speak to that or I'll speak to it then. That actually squares out the property and with the Staffs suggestion we agree that makes a lot more sense to bring that in. So, it wouldn't increase, we're not asking for an increase of the density, but it may be spread out over that parcel." Deputy Mayor Blake asked Attorney Garganese, "This parcel that's under consideration currently - if we had a different designation on that, that wasn't low-density or some Residential Land Use, say for instance, if it was required to be left in either conservation or open space or could only be used for green space or retention, would those acres be included in the overall density development?" Attorney Garganese stated, "We can address that, those issues in a Development Agreement." Deputy Mayor Blake asked, "But would it change the actual Future Land Use designation that we might put on it today? What 1 am looking for is some level of surety that this parcel or these two (2) parcels aren't actually going to be developed with units, but would act as a buffer, as green space, it would provide the issue with utilities, it would provide some sort of a green space buffer for the residents that live there and still can provide the open space requirements that they might have or retention without. Because - we are talking about tonight, not the Site Plan, we are talking about the Land Use designation." Attorney Garganese noted, "And this issue came up this afternoon. 1 talked to Becky [Furman] about it and 1 was looking through the Comprehensive Plan. to see if there was something we could do by changing the Future Land Use designation, but given the amount of time we discussed it today, one thought I had was doing a Unity of Title Agreement which would require the Property Owner to unify all of this property as one Development project and then place limitations. Because they're going to be going through - a PUD (Planned Unit Development) process. In the Unity of Title Agreement, we can place limitations on this property, for example, saying it could be used for Storm water purposes, perhaps. And - if you have some green space requirements, we could certainly put that in the Unity of Title Agreement. And - with respect to density calculations, I guess you want to exclude those, right?" Deputy Mayor Blake stated, "Well, that is the question - how it would normally be done if we didn't go through the steps that you were just talking about. Now, would it be part of the density calculations?" Attorney Garganese answered, "I would think we can agree to that beforehand." Ms. Furman stated, "We'd be happy to agree to that. That's not our purpose. " CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 26, 2006 PAGE 6 OF 31 Ms. Furman added, "I looked at your open space requirements because 1 didn't want to agree to open space and then find out that if it's designated open space we can't give you all access across open space. Certainly, not across Conservation. We wanted to be able to put Stormwater because, 1 mean, economically we are purchasing these pieces of property and we're not just purchasing them to be a buffer, and if they do have some use that's not intrusive to those neighbors, we'd like to be able to use it to benefit the property. " Attorney Garganese stated, "So, the answer is, 1 mean if you want to condition this approval on putting a Unity Title or Development Agreement together in advance of their PUD (Planned Unit Development) submission, we could go ahead and do that between now and Second Reading." Commissioner Sally McGinnis stated, "What would be the Future Land Use designation - that's what you're just dealing with?" Attorney Garganese stated, "You would keep it as proposed at what Staff is supporting, however it's going to come with limitations that would be in the form of a Development Agreement." Ms. Furman stated, "Well, PUD's (Planning Unit Developments) even have several Uses - different Comp[prehensive] Plan designations also get a little tricky. Again, we're just talking about the -05,1 mean, we are planning on putting units on -06." Ms. Helga Schwarz, 720 Gallaway Court, Winter Springs, Florida: as a resident and representing the Highlands Homeowner's Association, Ms. Schwarz mentioned historical references and expressed opposition to this project. Mayor Bush closed the "Public Input" portion of the Agenda Item. Regarding comments from Ms. Schwarz, Commissioner Robert S. Miller commented that "Mayor, 1 just wanted to point out that all of these Hearings on these discussions have all been in an open forum and the Highlands have been invited to all of these. So, 1 think the fact that the statement was just made that, you know, their contribution has been totally ignored or they don't have any say in this matter, I don't think that's appropriate. I would like to make sure the Record reflects that - they have been notified about all these issues and they've attended them all. And, this thing about the Golf Course, I find very troubling because 1 think the City has bent over backwards to try and make that an issue that is going to turn out well for the City of Winter Springs and for the Highlands. So, I don't really understand what their issue is with regard to the Golf Course. I'm as interested in making sure that either stays a Golf Course or if it doesn't, that the City purchases that property and turns it into park property of some form that the entire City would get to benefit from. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 26, 2006 PAGE 7 OF 31 And, we've had that discussion here one or two times, I've raised that several times, but yet it - continues to be ignored and presented to the people of Highlands as if this City Commission is only interested in developing that as residential property and that is not the case. So, I'd like that to be put on the Record very clearly. And, I hope that we don't get more criticism for abandoning the Golf Course because that is not the case." Ms. Sahlstrom stated, "This piece of property has been cleared. It's got a few trees on the perimeter, but primarily it's been cleared - it could act as a buffer from distance point of view, but it would have to be re-vegetated to be a visual buffer." "I MAKE A MOTION THAT WE MOVE TO A - SECOND READING FOR ORDINANCE 2006-05..." MAYOR BUSH ASKED, "...COMMISSIONER, DID YOU WANT TO INCLUDE WHAT ANTHONY [GARGANESE] RECOMMENDED ON UNITY OF TITLE...?" COMMISSIONER MILLER STATED, "YES, WITH THE UNITY OF TITLE..." ATTORNEY GARGANESE STATED, "...NO RESIDENTIAL UNITS; STORM WATER WOULD BE OKAY, BUT NOT INCLUDED IN THE DENSITY CALCULATION FOR THE OVERALL PROJECT..." COMMISSIONER MILLER STATED, "...TO INCLUDE NOTICE, ISSUES, THOSE QUESTIONS." ATTORNEY GARGANESE STATED, "YES, SIR." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: DEPUTY MAYOR BLAKE: AYE COMMISSIONER KREBS: NAY COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. PUBLIC HEARINGS 201. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For First Reading Of Ordinance 2006-06, A Small Scale FLUM (Future Land Use Map) Amendment Which Changes The Future Land Use Map Designation Of One (1) Parcel Totaling 1.72 Acres, Located At 1228 Florida Avenue From (Winter Springs) "Industrial" To (City Of Winter Springs) "Medium Density Residential". Mayor Bush said, "Can we have a Motion to read by 'Title' only?" CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 26, 2006 PAGE 8 OF 31 "SO MOYED." MOTION BY COMMISSIONER GILMORE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. YOTE: COMMISSIONER KREBS: AYE DEPUTYMAYORBLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Attorney Garganese read Ordinance 2006-06 by "Title" only. Ms. Sahlstrom stated, "This Item also went to the Local Planning Agency and for the same reasons as previously stated or the other one was recommended for denial with a Vote of four to one (4-1) and concerns were related to the loss of Industrial property particularly related to the Large Scale Future Land Use Map (FLUM) Amendment as well. Staff does, however, recommend approval of this, given that it does square ~ff - a development that you've already approved for an Amendment - that completely surrounds it on three (3) sides and we would not want to see an enclave of Industrial in the middle of all of that. And, the Comp[prehensive] Plan supports removal of incompatible Uses and we would feel that this would remain as an incompatible Use and therefore it's very much justified; and the Findings are included in your Staff Report based on the Criteria stated in the Code and we believe this property does meet the Criteria for a change of Land Use." Commissioner Gilmore asked Ms. Sahlstrom, "In the Findings, and this appears in most of them, it says, 'At such time as the site develops the proposed Development will be required to meet Concurrency standards'. If the State passes the Concurrency law, let's say in early [20]'08 and this project doesn't go until [20]'08, does that mean that they would have to meet the School Concurrency standards at that time?" Ms. Sahlstrom answered, "We do have Concurrency standards in place now, if you are speaking to the School one year, right, it will not be passed until [20]'08. We will have to meet the Concurrency standards that are implemented in our Comp[prehensive] Plan as part of that [20]'08 requirement. Whatever those requirements are - this would need to be met, if this is not approved as the Site Plan prior to that Comp[prehensive] Plan language being implemented." Commissioner Gilmore asked, "The word was 'site develops'. What does 'site develops' mean?" Ms. Sahlstrom replied, "Well, when it comes through Development Review and it comes to you for Final Engineering approval, then it's given the 'Okay' to develop according to those plans." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 26, 2006 PAGE 9 OF 31 Continuing, Commissioner Gilmore then inquired, "So if they don't have that all done by, let's say the time the State puts through Concurrency, they may have some difficulties?" Ms. Sahlstrom stated, "I think you have a good point, the word 'develops' is not the best word to be used." Manager McLemore stated, "I appreciate Eloise's [Sahlstrom] statement, but this is a legal question and I think that the City Attorney should answer this question. I would like to reiterate what the School Board said the other night, is that Concurrency, based on the way they have developed an Ordinance at this point in time, would involve either them being able to meet their enrollment requirements or some type of mitigation." Tape I/Side B Attorney Garganese stated, "There's no clear answer right now on which properties get in under the wire and which properties don't. I mean you're in the process of putting together an Interlocal Agreement on School Concurrency and - it's going to be very factual - which properties get in and which properties don't, under what's going to be adopted eventually. Can't give you a clear answer right now." Deputy Mayor Blake stated, "I just want to clarify something. Eloise [Sahlstrom], you mentioned that the property is surrounded on three (3) sides by a separate or a different Land Use." Ms. Sahlstrom stated, "Right, based on your Action at the last Meeting where you Approved the Large Scale Amendment..." Deputy Mayor Blake replied, ".. .But, all we Approved was the Transmittal." Ms. Sahlstrom stated, "You Approved the Adoption of it and it's being transmitted to the State for final 'Letter of Intent of Compliance' which has not been put forth by the State yet." Discussion. Continuing, Deputy Mayor Blake stated, "My only concern is that if one of the basis for which we're changing the Future Land Use of this Item which doesn't go through that same Large Scale process, that I would want to make the actual effective date of this change, one that would coincide with the removal of the challenge period on the Large Scale plan. That would avoid a reverse situation problem where if the other one for some reason was challenged, was overturned, for whatever reason, then we don't have - the same Residential Land Use surrounded by Industrial." Attorney Garganese, "So, you're willing to have an additional, Conditional Effective Date language in there for 2006-06..." Deputy Mayor Blake added, ".. . Yes, instead of thirty-one (31) days after Adoption, have it coincide..." Attorney Gargarese said, "...With the effect, when the Ordinance 2005-29 becomes effective." Deputy Mayor Blake replied, "Yes."e Brief discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 26, 2006 PAGE 10 of 31 Mayor Bush opened the "Public Input" portion of the Agenda Item. Ms. Helga Schwarz, 720 Gallaway Court, Winter Springs, Florida: representing the Highlands Homeowner's Association and speaking as a resident, Ms. Schwarz noted opposition to this project. Mayor Bush closed the "Public Input" portion of the Agenda Item. Discussion. "MOTION TO MOVE TO SECOND READING." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER MILLER. DISCUSSION. "MOTION TO AMEND - I MOVE WE AMEND THE MOTION TO INCLUDE THE NEW DESCRIPTIVE LANGUAGE FOR THE 'Effective Date' THAT THE ATTORNEY WILL CRAFT AND BRING BACK ON SECOND READING." AMENDMENT TO THE MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: (ON THE AMENDMENT) COMMISSIONER McGINNIS: NAY COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: .NA Y MOTION CARRIED. DEPUTY MAYOR BLAKE STATED, "THE MOTION THAT IS ON THE FLOOR CURRENTLY AS AMENDED IS TO BRING THE ITEM BACK TO A SECOND READING AS PRESENTED WITH THE ADDITIONAL LANGUAGE THAT WHEREBY THE 'Effective Date' OF THIS LAND USE CHANGE WILL COINCIDE WITH THE ULTIMATE 'Effective Date' OF A LARGE SCALE AMENDMENT THAT WAS PRESENTED..." COMMISSIONER KREBS ASKED, "...UNITY OF TITLE...?" DEPUTY MAYOR BLAKE STATED, "THAT HAS NOT BEEN PART OF THE MOTION." ATTORNEY GARGANESE STATED, "THE APPLICANT IS SAYING, 'NO, THEY CAN'T DO THAT." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 26, 2006 PAGE 11 OF 31 MS. FURMAN STATED, "WE CAN'T DO IT BECAUSE IT'S A DIFFERENT PROPERTY OWNER AND WE HAVE DIFFERENT OBLIGATIONS AS TO CLOSING THAT PROPERTY. SO, WE WILL NOT OWN TITLE ALL AT THE SAME TIME TO THESE PROPERTIES. WE WILL AS TO THE LARGE SCALE AND WE WILL AS TO THE SMALL - AND WE CAN PUT THOSE ALL TOGETHER, BUT IT MAY BE A COUPLE OF YEARS." ATTORNEY GARGANESE STATED, "THAT WAS A TECHNICAL DETAIL THAT I WANTED TO WORK OUT WITH THE APPLICANT, BECAUSE WE NEED TO KNOW WHEN THEY'RE GOING TO BE CLOSING ON THESE PROPERTIES. BECAUSE IN ORDER FOR THEM TO DO UNITY OF TITLE, I DON'T WANT TO BOG THE COMMISSION DOWN WITH THAT ISSUE. BUT, I THINK IF IT'S POSSIBLE TO DO UNITY OF TITLE, SO IT'S ALL ONE BIG DEVELOPMENT PARCEL AND COINCIDES WITH THEIR CLOSING, WE'LL PUT THAT IN THE AGREEMENT." DEPUTY MAYOR BLAKE STATED, "IT'S REALLY RELEVANT TO THIS PIECE AS WELL, MAYOR, BECAUSE THE PURPOSE OF DOING THAT WAS REALLY TO PROTECT AGAINST ANY DEVELOPMENT OF THAT PARCEL RIGHT THERE, BUT TO USE IT FOR GREEN SPACE..." MS. FURMAN INTERJECTED, "...1 AGREE WITH COMMISSIONER BLAKE..." DEPUTY MAYOR BLAKE CONTINUED, "...OR THE DRAINAGE, OR YOU HAVE TO MAINTAIN THE ACCESS EASEMENT FOR THE CITY'S USE FOR THE CITY'S BENEFIT." VOTE: (ON THE MAIN MOTION, AS AMENDED) COMMISSIONER GILMORE: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: NAY MOTION CARRIED. PUBLIC HEARINGS 202. Not Used PUBLIC HEARINGS 203. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For Second Reading/Adoption Of Ordinance 2006-09 Which Rezones 2.85 Acres (More or Less), Located At 1057 U.S. Highway 17-92 North From "C-2 General Commercial" (Winter Springs) to "1-1 Light Industrial" (City Of Winter Springs). Attorney Garganese read Ordinance 2006-09 by "Title" only. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 26, 2006 PAGE 12 OF 31 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 THAT WE ADOPT ORDINANCE 2006-09." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE DEPUTYMAYORBLAKE: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. PUBLIC HEARINGS 204. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For The Aesthetic Review For West End Offices Located On State Road 434 In The Town Center. Ms. Sahlstrom presented this Agenda Item and stated, "I believe you saw this concept that came before you back in February, but at that time, of course, the Review did not authorize any deviations, variations, or Variances from the Code. The Applicant is proposing two (2) office buildings that are identical. They're symmetrical buildings, each three (3) stories in height with a matched plaza area along [State Road] 434. The building as proposed is very attractive and we believe it will enhance the character of the area. We believe that it does have harmony with its relationship to adjust its reserve with a few minor comments that are in your packet as well. The biggest concerns that Staff has, are included in your Findings. Probably the biggest item is the fact that the Applicant has not included a fountain in this plaza. The fact that during the Conceptual Review it was indicated to him that - Commissioner Miller did indicate he wanted to see a fountain. Staff does believe a fountain would help to enliven the public space and add an element of interest and focus. This comment has been supported by Dover Kohl's [& Pa)1:ners] office. You have their comments before you as well. In addition, there's some other changes to the plaza area that Staff has made; there's a graphic there and I can go through those, but they are in your Staff Report." Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 26, 2006 PAGE 13 OF 31 Mayor Bush closed the "Public Input" portion of the Agenda Item. Discussion. Commissioner Miller suggested, "I would encourage the Aesthetic Review - if they want to put in a nice sculpture also in addition to the fountain, I think that would be great, but I think fountains in a setting like this is one of those things that make it nice for people to walk down the street. It's cooler around the fountain - people sit around in chairs and talk. Around sculptures that I have seen, it doesn't encourage people to come in and enjoy the area, whereas fountains do." Commissioner Miller then noted, "I would like to hope that it would be both a fountain and a nice sculpture." Commissioner McGinnis remarked, "I agree." Ms. Sahlst~om stated, "I wanted to comment that - in the Town Center Code, buildings are required to be no more than ten foot (10') from the right-of-way line as the build-to line and in this particular case because the client of the Applicant was very dead set on this building being located back from [State Road] 434, Staff determined, in discussions with Dover Kohl, that if they were to put in a public plaza area to the front of the building, that would be a way that we could justify having the building set back from the street. Because it is a deviation from the Code and so it was a give and take kind of situation, that the Applicant would then provide a plaza. In order to do a plaza that really creates a very nice people place, it needs to have a fountain. And, as far as the pump goes, if it is a small fountain and it's raised it could be some kind of a raised situation where the pump could actually be below the fountain." Commissioner Joanne M. Krebs stated, "I do agree with Commissioner Miller, I do believe that you are right and you, Eloise (Sahlstrom), that we need something like a fountain - I like those chasing fountains - you've seen them at Disney [World]. I was just wondering about the color burgundy, it is kind of tiring. Is there another color that they might think of using?" Commissioner Krebs added, "It would be nice - if there was some kind of sculpture - and a fountain around it where people could throw in coins - like a wishing well." Discussion. Mayor Bush introduced former Mayor Paul P. Partyka. Mr. Paul P. Partyka, 934 Contravest Lane, Winter Springs, Florida: introduced himself as a partner and his associates in the audience. Mr. Partyka presented a brief background on the project. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 26, 2006 PAGE I4 0F 31 Mr. Partyka began by stating, "Let me just go (1) through (9) on the Findings. On the first one, this talks to the seat situation. And all that is, is there was a slight crust to that, literally inches. And, the whole reason for that is that the rain would not settle on the seating area. It was meant to keep the rain off and not necessarily keep it flat because then it wouldn't dry as much. Whatever it is, whether it's flat, it has to have some kind of slant to it. So, this is minor and we thought it would be good. And, in addition to that, if anybody ever wanted to sleep on it in the evenings, they'd roll off. So, I think we're okay. But, that was the reason for that. We'd go either way, but the key is to have some kind of slant to that. In terms of number (2), placing the four (4) trees at the raised planters - with seat walls, we thought that the best thing for the trees was to put them in the ground and that would enhance the tree life and would not be a problem, especially under the dry conditions and architecturally it was the best thing to do. We agreed with number (3); we agreed with number (4); we agreed with number (5); we agreed with number (6). There's a Plan that our Architect had brought in that outlined again where those columns are. They've always been there, but you just couldn't see it as clearly. We do have some questions on number (7) and we're not sure what that really means. This was the Plan that was preliminarily Approved and we want to make sure that that's consistent with what this statement is. In terms of number (8), we've sent that into Randy (Stevenson, AS LA, Director, Community Development Department) over the weekend and we agree, it's going to be consistent with this Town Center. Number (9), at this point in time, and based on what was said earlier, the ownership has talked on this property in terms of fountain or sculpture. From a fountain standpoint, these are Lawyers and several things; number one (1), is this project is very expensive and the cost of that fountain would be extremely high relative to where we are right now; number two (2), not only there is a slight problem in terms of the capital cost of building it, but the bigger cost is the on-going operational costs of maintenance issues; and number three (3), when you're dealing with Lawyers, they're always thinking about liabilities and from the insurance and liability standpoint, it's very expensive and they don't want to do that in the long run." Mr. Partyka added, "And number (10), we agree with that in terms of the Developer's Agreement. So, I'll try to summarize the key points. We think this is a terrific project, it's a Class' A' project. No building's going to be like this in the City. From a cost standfoint or the way it's going to be done. The Law Firm is going to take the entire third (3r ) floor, and our hope is with the interest that we've been generating with the type of clients that we want, we hope to be to Building 2 very quickly. At least that's the plan." Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 26, 2006 PAGE 15 OF 31 Commissioner McGinnis stated, "As much as I would like to see a fountain there, I would hate to compromise to be a puny fountain that would be a terrible mistake. So, are you saying 'No fountain'? That your backers have said 'Absolutely no fountain', go to City Hall, and see what you can do?" Mr. Partyka replied, "No, no we have the key people here. Mr. Partyka added, "I won't make that decision." Further discussion. Manager McLemore stated, "Amenities like this, they're easy to take out, but I want to go back again and just reiterate what you heard. You know, you all made a pledge to us to make this a people-plaza. You need to follow through on that. Again, it doesn't have to be a fountain, but something that makes it a special place for the public." Deputy Mayor Blake commented, "I agree very much with what the Manager just said. I don't think it's really the Commission's job to sit up here and say it has to be a fountain and here is what it has to look like. What I am much more interested in is the quality level that has built into this people space." With further discussion, Deputy Mayor Blake stated, "My concern is that this structure and the space before it, provide a level of quality that we're trying to show in the City of Winter Springs. And, if that's a fountain, make it a really nice fountain. If it's not going to be a really nice fountain, let's find another way to create value. I think that is what is more important to this Commission." Deputy Mayor Blake added, "There is a lot of fountains here - we're not trying to be the City of fountains, I don't think. Just the main thing is quality; make sure it's at the right level; and make sure it's warm and inviting." Commissioner Krebs noted, "I heard three (3) Commissioners really supported a fountain there." Tape 2/Side A Furthermore, Commissioner Krebs stated, "I do care whether it is a fountain or not, so, I would like you to put a fountain there." Commissioner McGinnis stated, "I would like to see you come back - discuss the fountain, but also I am open to an option of a magnificent sculpture." Deputy Mayor Blake left the Commission Chambers at 8:08 p.m. "TABLE THE ITEM." MAYOR BUSH STATED, "MOTION TO TABLE BY COMMISSIONER MILLER. I HAVE A SECOND BY COMMISSIONER KREBS." DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 26, 2006 PAGE 16 OF 31 VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: ABSENT FOR VOTE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. Mayor Bush called a recess at 8: 1 0 p. m. Mayor Bush called the Meeting back to Order at 8: 16 p. m. REGULAR AGENDA REGULAR 300. Office Of The City Clerk Requests That Mayor John F. Bush Or A Member Of The City Commission Make An Appointment To Fill A Vacancy On The Code Enforcement Board. MAYOR BUSH STATED, "I'D LIKE TO NOMINATE SHERRI MOORE FOR THE POSITION ON THE CODE ENFORCEMENT BOARD." "I MOVE THE MAYOR'S DESIRE." MOTION BY DEPUTY MAYOR BLAKE. MAYOR BUSH REMARKED, "COMMISSIONER BLAKE NOMINATED SHERRI MOORE FOR THE POSITION ON CODE ENFORCEMENT [BOARD]." Deputy Mayor Blake stated, "Point Of Order" and stated, "Mr. Attorney, our Charter suggests the Mayor doesn't Vote but for a Tie, yet the Mayor has certain Appointments to certain Boards. How can the Mayor Appoint somebody to a Board if the Mayor is unable to Vote, but for the case of a Tie? Does the Mayor's Appointment require a Motion, or does it merely require Ratification? " Attorney Garganese stated, "1 think the Mayor - he can recommend or Nominate somebody to serve, but it has to be approved by the City Commission pursuant to the City Code [Section] 2-42." Deputy Mayor Blake asked, "So, the question is, does there need to be a Motion and a Second for the Mayor's Appointment to be considered? Or, does the Mayor's Nomination then require a Vote?" Attorney Garganese stated, "Parliamentary procedure - would require a Motion by - a Commissioner and a Second to get the Mayor's Nomination on the floor." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 26, 2006 PAGE 17 OF 31 Manager McLemore said to Attorney Garganese, "Can't they settle this by virtue of just putting it in their Commission Rules and Procedures? That is what 1 would do. 1 would just put it in your Rules that says, you can do it this way and requires an up and down Vote after he makes his Nomination." Commissioner Krebs said to the City Manager, "That was what you and I were supposed to go over, months ago, but we kept putting it off. And, this was exactly the issue and it was so that everybody up here could have an Appointment on, as 1 understood - the Code [Enforcement] Board. We had discussed this - six (6) months ago." Manager McLemore suggested, "1 would write it right into your Rules." Commissioner Krebs added, '1 agree, but that was what the Mayor charged you and 1 with getting together on." MAYOR BUSH STATED, "SECONDED BY COMMISSIONER GILMORE." DISCUSSION. COMMISSIONER KREBS STATED, "I JUST WANTED TO REMIND THIS BOARD THAT WE HAVE TWO (2) ALTERNATES. ALTERNATE 1 AND ALTERNATE 2; AND WE HAD DISCUSSED AT ONE TIME WHEN THERE WERE OPENINGS THAT THESE ALTERNATES COULD MOVE UP ONTO THE BOARD, THEN AS I UNDERSTOOD IT, THEN, WE CAN GO BACK THROUGH THE RECORD AND CHECK THIS OUT." COMMISSIONER KREBS ADDED, "WE WOULD THEN APPOINT TO FILL IN THE VACANCIES ON THE AL TERNA TES." COMMISSIONER McGINNIS STATED, "I DO REMEMBER THAT, AND THAT WAS THE INTENT AS A MATTER OF FACT. SO, MY ISSUE IS THAT I BELIEVE IT IS APPROPRIATE - I WOULD LIKE TO APPOINT A MEMBER AS ONE OF THE ALTERNATES AND THEN ANOTHER ALTERNATE." VOTE: COMMISSIONER KREBS: NAY DEPUTY MAYOR BLAKE: AYE COMMISSIONER McGINNIS: NAY COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: NAY MOTION DID NOT CARRY. COMMISSIONER McGINNIS STATED, "I WOULD LIKE TO NOMINATE DICK CRENSHAW, WHO HAS BEEN SERVING AS AN ALTERNATE ON THIS BOARD." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 26, 2006 PAGE 18 OF 31 NEXT, COMMISSIONER KREBS STATED, "MY DISCUSSION WAS TO CALL TO YOUR ATTENTION THE LAST TIME THE MIX-UP WITH THE APPOINTMENTS AND THAT THOSE TWO (2) ALTERNATES WERE IN FACT ON THE BOARD AND DID WANT TO BE REAPPOINTED." MAYOR BUSH STATED, "I DO REMEMBER." VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTYMAYORBLAKE: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. MAYOR BUSH STATED, "I WOULD LIKE TO RECOMMEND NOW THAT MS. [SHERRI] MOORE BE APPOINTED AS AN AL TERNA TE." "I MAKE THE MOTION THAT - MS. MOORE BE APPOINTED AS THE 2ND ALTERNATE; THAT JIM PITTS MOVES UP TO 1ST ALTERNATE; AND MS. MOORE MOVES TO 2ND ALTERNATE." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE FOLLOWING AGENDA ITEMS WERE DISCUSSED IN THE ORDER AS DOCUMENTED. .:. .:. REGULAR REGULAR 302. Office Of The City Manager Requesting The City Commission To Approve The Health Insurance Plan And Provider For Fiscal Year 2007. Manager McLemore began this presentation. Ms. Fluffy Bel/us, Bel/us Insurance Services, 1251 Miller Avenue, #B, Winter Park, Florida: began the discussion on Health Insurance. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 26, 2006 PAGE 19 OF 31 With discussion on how much employees pay for Health Insurance, Deputy Mayor Blake said, "We don't have the Contribution strategy break-out here." Ms. Bellus stated, "The employee cost for your Core Plan, is five dollars ($5.00) a month..." Deputy Mayor Blake said, "... Where in our packets does that say that Ron [McLemore]?" Manager McLemore noted, "It's probably not in this packet. It's the Policy you all adopted last year." Deputy Mayor Blake then said, "Well, we should have all of that information here before us - this is a major Budget Line Item that we are talking about and we don't have all of the information." Commissioner Krebs stated, "I agree." Deputy Mayor Blake then inquired, "Have we had discussion at all about changing the Contribution strategy?" Brief discussion. "MOTION TO TABLE." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER McGINNIS: NAY COMMISSIONER KREBS: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR BLAKE: AYE MOTION CARRIED. Deputy Mayor Blake noted, "Bring it back when it is complete." Manager McLemore asked, "Can you give me a little bit of information of what you're looking for?" Deputy Mayor Blake stated, "The information we need to make a decision on - where are we coming from; where are we going." REGULAR 301. Office Of The City Clerk Requests That Deputy Mayor Michael S. Blake Make The Following Appointments Related To The Terms Of Office Which Will Be Expiring In July 2006 - Specifically Regarding A Member Of The Beautification Of Winter Springs Board; And The Tuscawilla Lighting And Beautification District Advisory Committee. Brief discussion. "I WOULD LIKE APPOINT DENISE RYSER TO THE TLBD (TUSCA WILLA LIGHTING AND BEAUTIFICATION DISTRICT [ADVISORY COMMITTEE)) AND THIS WOULD INCLUDE AN APPOINTMENT PERIOD OF THREE (3) YEARS, AND ONE (1) MONTH..." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER KREBS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 26, 2006 PAGE 20 OF 31 VOTE: COMMISSIONER MILLER: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. DEPUTY MAYOR BLAKE STATED, "I WILL - POSTPONE THE APPOINTMENT ON THE BOWS (BEAUTIFICATION OF WINTER SPRINGS ADVISORY [BOARD]) BOARD." Deputy Mayor Blake stated, "I am actually leaving Office pretty soon and I just made an Appointment that will go out three (3) years into whoever fills this Seat, their Term of Office. I think it is very appropriate if we look at the way that we Appoint our Board Members." Furthermore, Deputy Mayor Blake noted, "I think we need to restructure the way we Appoint all of our Board Members so that they coincide with the Seats who Appoint them." Commissioner Miller stated, "I think we should just leave it the way it is," Commissioner McGinnis stated, "I was going to say, this has been discussed before. It has been dealt with before and the decision was made to just leave it like it is." Commissioner Krebs stated, "I would like to remind Commissioner Blake that I trust his judgment, but also keep in mind that when you make your Appointment, the rest of us Ratify it. So, we're all actually agreeing with you and there's usually a few of us still left on the Board at that time. So, I think we should leave it." .:..:. AGENDA NOTE: THE FOLLOWING PUBLIC HEARINGS AGENDA ITEM WAS AGAIN DISCUSSED, AS DOCUMENTED. .:..:. PUBLIC HEARINGS PUBLIC HEARINGS 204. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For The Aesthetic Review For West End Offices Located On State Road 434 In The Town Center. MAYOR BUSH STATED, "MOTION TO REMOVE FROM THE TABLE BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER KREBS." DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 26, 2006 PAGE 2l 0F 3l VOTE: DEPUTY MAYOR BLAKE: AYE COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Mr. Partyka stated, "I think that we may be able to do something here tonight. Number one - the fountain was not something that we said we would do. It was something that we would consider. So, we're going to do that. More importantly, I think, we have a potential solution to this, and that's an outcome of discussions with Ron [McLemore], Eloise [Sahlstrom], and Randy [Stevenson] and also with the ownership here and the Architect. " Mr. Russ Suddeth, J Raymond Construction Corporation, 465 West Warren Avenue, Longwood, Florida: stated, "On this particular building, the ownership elected to preserve the design intent that Mr. Starmer and Ranaldi put forth with the renderings. So, I did not attack or I did not focus any efforts on any exterior elements from a value engineering standpoint. Anything that was looked at for cost savings was on the inside components, the electrical systems, mechanical systems. So, nothing really has been changed or valued engineered, if you will. This is a first rate project. The Starmer Ranaldi [Planning and Architecture Inc] has specified top of the line materials with the railings, the balcony features, the standing seam roof. It's a solid quality construction, the structure will be made out of tilt-wall, which is solid seven and quarter inch (7~) panels. The glazing in itself is one inch (1 ") insulated glass for sound proofing. It's not a case where the owners come in there with a hatchet to cut the components. They want the first rate, Class A office project which they've gotten. Having been involved with several office construction projects - around the state and locally here, I can attest to the fact that this building from a construction cost standpoint, of course some of that is attributed to the rising construction costs, it is a tad more than what you see from a construction standpoint over at the Town Center. So, those things, they haven't wielded the value engineering ax, and they've kept and preserved the design intent." Manager McLemore asked, "How long will it take to construct this building?" Mr. Suddeth replied, "Our timeline for, assuming that the permits come in place and the approvals are in place, we are hoping to break ground August-ish and have it ready for a shell completion in late 2006, early 2007, ready for build outs." Commissioner Krebs asked Mr. Partyka regarding his opening statement, "I was going to try to pin you down when you said - are you considering a fountain or are you doing a fountain?" CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 26, 2006 PAGE 22 OF 31 Mr. Partyka replied, "Right now it's under consideration right now; and we also have some other comments that was given to us with Ron [McLemore], and with Randy [Stevenson], and Eloise [Sahlstrom] that may ultimately get to where you want, which is a nice place and a people gathering place which is what we want also." Mr. Carl Napolitano, Allen, Dyer, Doppelt, Milbrath & Gilchrist, P.A., 255 South Orange Avenue, Suite 1401, Orlando, Florida: commented, "I'm one of the partners and one of the Managing Partners in the development of this office building. We've been looking for an office space for over a year and we started in October to give consideration to this particular site and we developed our team with Russ (Suddeth), Paul (Partyka), Bill Starmer and his group, and have given it serious attention. What's coming through or what came through more clearly at this Meeting was that there's an interest on the part of the City to create a pleasant place and an inviting place for the public to sit and talk and read and whatever; and that's always been our intention. And, we thought we were doing that with what the Architect had done in the sense of the image that's being created in the structure of the building; the evaluation, the rounds, comfortable features and so on. At the break, we talked about in addition to what we have is about a hundred and sixty feet (160'), maybe more, of seating wall. In addition, to the seating wall, it was pointed out that it might be more inviting if we added some seating around - four (4) of the trees which we're more than happy to do if that's what enhances, or further enhances the attraction for the public to sit there. But, I have to contradict Paul (Partyka), we've given serious thought to a fountain and we are not planning to build a fountain. We're also not planning to put in a sculpture." Mr. Napolitano added, "With regard to a fountain, it's not only the capital cost; and I've had experience with owning fountains and having to close them down. But, it's the maintenance, as Mr. Gilmore pointed out, but more than that, it's the liability that we're concerned about; and the feedback that I'm getting from my Insurance Agent is the difficulty in getting insurance for a building anyway. Arid, I don't want to create attractive nuisances from the insurance point of view, not from the aesthetic point of view. But, we think we've created an aesthetically pleasing facility. We think we've invited the public to mill around and talk and take their break. We've created an image that we're proud of; and I think that we can present this with the modification of the seating wall and say that that's our public place in our plaza." With discussion on this project and public space, sculptures, and fountains, Commissioner McGinnis stated, "You might want to contact Villagio's. Find out who their Insurance carrier is; they have a fountain." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 26, 2006 PAGE 23 OF 31 Commissioner Krebs stated, "You are right, your idea, isn't my idea. But, that building, that place, that plaza, that's not inviting. It looks like a couple of colors of bricks and a few trees. There's no color, there's nothing that says, "Come and sit'. There's nothing that says stay awhile or walk slow. I would walk right past that building." Mr. Napolitano said, "The building is an office building. The plaza is what's inviting people to sit." Furthermore, Commissioner Krebs stated, "To me that looks like a bunch of trees and - if you're saying there's going to be seats there, I would have to see it - I don't think seats are the answer around trees - I think this is going to look like you're boxing it in - I think you need something of interest there. I don't think it is there yet." Discussion. Tape 2/Side 8 Further discussion followed on this proposed project, public space, and a quality fountain. "MOTION TO ADJOURN. IT IS AFTER NINE O'CLOCK." MOTION BY COMMISSIONER KREBS. MOTION DIED FOR LACK OF A SECOND. Commissioner Miller stated, "I just wanted to point out that if we accept this Aesthetic Review here this evening, that's what the building is going to look like. There won't be a fountain, there won't be a sculpture, there won't be anything. It will look actually the way it is portrayed right there with the difference of the Elevation which is actually quite little things that would enclose the trees where people could sit on it; and that's it. So, for that reason I hope we - push for the fountain, water feature out there because I think - it would be sad if we don't ask for that." "I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE THE AESTHETIC REVIEW FOR THE WEST END OFFICES LOCATED ON [STATE ROAD] 434 IN THE TOWN CENTER, INCORPORATING STAFF'S FINDINGS (1) - (10) WITH THE EXCEPTION OF NUMBER (1) - NUMBER (1) IS TO REVISE THAT THE SEAT WALL WOULD HAVE TO BE FLAT TO ACCOMMODATE SEATING. I THINK IT SHOULD ACCOMMODATE SEATING, BUT I DON'T BELIEVE IT NECESSARILY HAS TO BE FLAT. AND SECONDLY, NUMBER 9, 'THE FOUNTAIN AREA OR SIGNIFICANT PIECE OF SCULPTURE MUST BE INCLUDED' THAT WOULD BE AMENDED TO READ THAT THERE IS AN 'AREA OF SIGNIFICANT VALUE THAT IS CREATED IN THE PUBLIC SPACE, ALONG [STATE ROAD] 434." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 26, 2006 PAGE 24 OF 31 COMMISSIONER MILLER STATED, "I WOULD LIKE TO AMEND THE MOTION TO INCLUDE THE AREA OF SIGNIFICANT VALUE IN THE PLAZA INCLUDES - A WATER FEATURE OF SOME FORM, SUCH AS A FOUNTAIN." AMENDMENT TO THE MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: (ON THE AMENDMENT) COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: NAY COMMISSIONER McGINNIS: NAY COMMISSIONER MILLER: AYE DEPUTYMAYORBLAKE: NAY MOTION DID NOT CARRY. VOTE: (ON THE ORIGINAL MOTION) DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: NAY COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIOENR KREBS: NAY MOTION CARRIED. .:. .:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS DISCUSSED NEXT, AS DOCUMENTED. .:..:. REGULAR REGULAR 303. Community Development Department Requests, In Accordance With Emergency Ordinance 2006-08 [The Community Development Department Requests], That The City Commission Consider An Appeal Of A Staff Decision To Deny A Building Permit On The Basis Of Neighborhood Compatibility And Harmony Involving A Proposed Single Story Garage Attached To The House By A Breezeway At 1211 Deer Run In Unit 4 Of The Tuscawilla Planned Unit Development. Mr. Randy Stevenson stated, "Staff has reviewed the Application for the Building Permit in accordance with City Code and with the Criteria set forth in Ordinance 2006-08 and has denied the issuance of the Permit based upon the location of the garage door facing the street. A great majority of garages in this neighborhood are side loaded." Continuing, Mr. Stevenson noted, "Staff denied the request on June 19th, because it was not compatible and not in harmony with the existing single-family residence in the surrounding neighborhood. The Property Owner filed a timely notice of Appeal on June 21st" [2006]. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JUNE 26, 2006 PAGE 25 OF 31 Staff recommends that the Commission consider the Applicant's Appeal - of Staffs denial and render a final decision on the compatibility and harmony of the proposed garage. I would also mention that I have spoken to Mr. Triplett and - one of the things that we would need to go forward with this, there are two (2) things actually, we would need to have a scale drawing Site Plan of this garage showing its exact location on the site rather than just the survey. He has agreed to provide that. We would also need to address separation at that point. The Tuscawilla Unit 4 Deed Restrictions talk about a thirty foot (30') separation. In addition, he would have to meet a minimum of ten foot (IO') setback along that property line." Ms. Stevenson referenced a letter from a neighboring Property. Owner that had been provided. Further discussion. Mr. Bill Triplett, 1211 Deer Run, Winter Springs, Florida: stated, "I am not trying to do anything to hurt Tuscawilla - or the residents. I have spoken to numerous - neighbors; they have stopped by - they've asked to go through the house - we've let them go through the house." With further comments, Mr. Triplett stated, "I told them that I'd also put a six (6) or eight foot (8') wall with a gate, electric gate that opens there. So, you won't even really be able to see that garage from where it's going be. I am going to put a real nice block wall up there, assuming that you let me." Discussion. Commissioner Krebs asked, "Is there not anyway to engineer back here, a r~ar entrance loaded - garage? Is there enough room back there for that?" Furthermore, Commissioner Krebs stated, "A side-loaded or even rear, it doesn't matter." Mr. Stevenson replied, "Side loaded garage, you don't have the distance to put one in here because of the proximity to the property line. A side loaded garage would have to come beyond this porch and be placed in this area. The driveway extended back to pull in back here." Commissioner Krebs added, "But it is possible." Mr. Stevenson noted, "It is possible." Commissioner Krebs asked the Property Owner, "When you bought your property, were you aware of what you could and couldn't do? Did you research that? Did you know that there may be problems - in normally all of the homes in Tuscawilla?" CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 26, 2006 PAGE 26 OF 31 Ms. Sonya Triplett, 1211 Deer Run, Winter Springs, Florida: commented, "We didn't realize we were going to the extent that we have in renovating this house. We didn't realize we were going to have to do as much because there were so many things that were wrong with this house. We could do the garage facing sideways; we would have to extend the circular driveway coming up the other side of the house and that would mean that there would be a lot of concrete coming around the house, in order for us to do that. That would be a little bit difficult." Discussion. "MOTION TO DENY." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSION McGINNIS. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER McGINNIS: AYE DEPUTYMAYORBLAKE: AYE MOTION CARRIED. "MOTION TO ADJOURN." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION VOTE: COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR BLAKE: AYE MOTION CARRIED. Deputy Mayor Blake stated, "Point Of Order. " "AS I WAS ON THE AFFIRMATIVE SIDE OF THAT VOTE, I WOULD LIKE TO MAKE A MOTION WITH THE DISCUSSION FOR THE COMMISSION TO RECONSIDER THE PREVIOUS ACTION." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 26, 2006 PAGE 27 OF 31 VOTE: COMMISSIONER KREBS: AYE DEPUTYMAYORBLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. CONSENT AGENDA CONSENT 400. Community Development Department Advising The City Commission Of The Automatic Renewal Of The Existing Cooperation Agreement With Seminole County For Community Development Block Grant (CDBG) Funding. This Agenda Item was not discussed. CONSENT 401. Utility Department Requesting Approval For The Purchase Of A ConVault Above Ground Diesel Fuel Tank From Core Engineered Solutions, Inc. Piggybacking Off Of Using GSA Contract #GS07F-9110G For A Total Of $16,037.92. There was no discussion on this Agenda Item. CONSENT 402. Public Works Department - Capital Projects Division Requesting Approval Of The Second Contract Agreement With Progress Energy For Installation Of 94 Streetlights Along Northern Way South As Part Of The Tuscawilla Lighting And Beautification District (TLBD) Phase 2 Beautification Project. No discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 26, 2006 PAGE 28 OF 31 CONSENT 403. Public Works Department Requests The City Commission Validate The Staff Recommendation Finding The Moss Road International Office Complex To Be Built In Substantial Accordance With The Final Engineering Plans And To Accept The Potable Water And Sanitary Sewer Infrastructure For Ownership And Maintenance. This Agenda Item was not discussed. CONSENT 404. Office Of The Mayor Requests That The City Commission Approve Resolution 2006-32 As Part Of The City Of Winter Springs Nomination Packet For The Honorable John F. Bush, Mayor; Resolution 2006-33 As Part Of The City Of Winter Springs Nomination Packet For Anthony A. Garganese, City Attorney; Resolution Number 2006-34 As Part Of The City Of Winter Springs Nomination Packet For Andrea Lorenzo- Luaces, City Clerk; And Resolution 2006-35 As Part Of The City Of Winter Springs Nomination Packet For Timothy J. Lallathin, Fire Chief - All For The Florida League Of Cities 2006 "Florida Cities Of Excellence Awards". There was no discussion on this Agenda Item. CONSENT 405. Office Of The City Clerk Requesting Approval Of The June 12, 2006 Attorney-Client Session Meeting Minutes. No discussion. CONSENT 406. Office Of The City Clerk Requesting Approval Of The June 12, 2006 Regular City Commission Meeting Minutes. This Agenda Item was not discussed. "MOTION TO APPROVE" COMMISSIONER McGINNIS. DISCUSSION. [CONSENT AGENDA]. MOTION BY SECONDED BY DEPUTY MAYOR BLAKE. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 26, 2006 PAGE 29 OF 31 VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. INFORMATIONAL AGENDA INFORMATIONAL 500. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. No discussion. INFORMATIONAL 501. Parks And Recreation Department Wishes To Inform The City Commission About The July 4, 2006 Cele);lration Of Freedom Special Event. This Agenda Item was not discussed. "I MOVE APPROVAL OF THE INFORMATIONAL AGENDA." MOTION BY DEPUTY MA YOR BLAKE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 26, 2006 PAGE 30 OF 31 .:..:. AGENDA NOTE: THE FOLLOWING REPORTS WERE NOT DISCUSSED DURING THIS REGULAR MEETING. .:..:. REPORTS REPORTS 600. Office Of The City Attorney - Anthony A. Garganese, Esquire REPORTS 601. Office Of The City Manager - Ronald W. McLemore REPORTS 602. Office Of The City Clerk - Andrea Lorenzo-Luaces, CMC REPORTS 603. Office Of The Mayor - John F. Bush REPORTS 604. Commission Seat One - Robert S. Miller REPORTS 605. Commission Seat Two/Deputy Mayor - Michael S. Blake REPORTS 606. Commission Seat Three - Donald A. Gilmore REPORTS 607. Commission Seat Four - Sally McGinnis REPORTS 608. Commission Seat Five - Joanne M. Krebs CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 26, 2006 PAGE 31 OF 31 ADJOURNMENT "I MOVE WE ADJOURN THIS MEETING AND MOVE INTO OUR - WORKSHOP." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER MILLER: AYE DEPUTYMAYORBLAKE: AYE COMMISSIONER GILMORE: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. Mayor Bush adjourned the Regular Meeting at 9:41 p.m. RESPECTFULLY SUBMITTED: ANDREA LORENZO-LUACES, CMC CITY CLERK Ila~ ~ DEBBIE FRA1!KLIN, DEPUTY CITY CLERK APPROVED: dftJ;J JOHNF.BUSH MAYOR -- NOTE: These Minutes were approved at the July 10, 2006 Regular City Commission Meeting.