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HomeMy WebLinkAbout2006 07 24 Consent 406 Approval of July 10 Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING JULY 10, 2006 CALL TO ORDER The Regular Meeting of Monday, July 10, 2006 of the City Commission was called to order by Deputy Mayor Michael S. Blake at 6:33 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 via telephone 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, absent Ms. Kate Latorre, Assistant City Attorney, present A moment of silence was followed by the Pledge of Allegiance. .:..:. AGENDA NOTE: THE FOLLOWING WERE DISCUSSED FIRST, IN THE ORDER AS DOCUMENTED. .:..:. AWARDS AND PRESENTATIONS AWARDS AND PRESENT A nONS 100. Not Used. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 10, 2006 PAGE 2 OF 40 PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 201. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For Second Reading / Adoption Of Ordinance 2006-05, A Small Scale FLUM (Future Land Use Map) Amendment Which Changes The Future Land Use Map (FLUM) 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" . Referring to the Applicant, Deputy Mayor Blake stated, "I had gotten word that they would like to postpone this Item until the next Meeting?" Ms. Eloise Sahlstrom ASLA, AICP, Senior Planner, Community Development Department, stated, "Yes. Actually, Staff and the Attorney's office were the ones requesting the Postponement, but they did concur." Deputy Mayor Blake stated, "I would like to - get something on the Record from the Applicant that suggests that they would like to Postpone it until such time that either you folks agree to or that in the past case, 1 am sure the Commission will go ahead and do a Motion." Mr. Jay Folk, President, Keewin Real Property Company, 1031 West Morse Boulevard, Suite 325, Winter Park, Florida: stated, "That is fine with us." "MOTION TO POSTPONE ITEM '201' TO NEXT MEETING." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 10, 2006 PAGE 3 OF 40 PUBLIC HEARINGS 202. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For Second Reading / Adoption Of Ordinance 2006-06, A Small Scale FLUM (Future Land Use Map) Amendment Which Changes The Future Land Use Map (FLUM) Designation Of One Parcel Totaling 1.72 Acres, Located At 1228 Florida Avenue From (Winter Springs) "Industrial" To (City Of Winter Springs) "Medium Density Residential". "MOTION TO POSTPONE UNTIL NEXT MEETING, ITEM '202'." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE FOLLOWING TWO (2) PUBLIC HEARINGS AGENDA ITEMS WERE DISCUSSED SIMULTANEOUSLY. .:..:. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 200.1 Community Development Department Requests The City Commission Hold A Public Hearing To Review And Provide A Determination For The Starlight Baptist Church's Conditional Use Request, Pursuant To Section 20-163. Of The City Code, To Allow The Church To Expand On Its 4.28 Acre Site At 190 East Bahama Road (Northwest Corner Of East Bahama And Hayes Road). PUBLIC HEARINGS 200.2 Community Development Department Requests The City Commission Hold A Public Hearing To Review And Provide A Determination Of The Starlight Baptist Church's Variance Request From Section 9- 278. Of The City Code To Allow Stabilized Grass Parking Spaces At Its 190 East Bahama Road Location, For Those Parking Spaces To Be Used Only On Sunday And Wednesday Evenings, Pursuant To Section 9-5. Of The City Code. This Request Is In Conjunction With The Conditional Use And A Site Plan To Expand The Existing Church On That 4.28 Acre Site At The Northwest Corner Of East Bahama Road And Hayes Road. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 10, 2006 PAGE 4 OF 40 Deputy Mayor Blake said, "We will take up discussion, Staff presentation, and the Applicant's presentation, as well as all the "Public Input" on each of these items, 200.1 and 200.2, at one time. Once we have completed that exercise, then the Commission will discuss it and will vote on each item separately. They are two (2) different items." Attorney Kate Latorre stated, "Both of the Applications tonight for the Variance and the Conditional Use for the Starlight Baptist Church are going to be Quasi-Judicial hearings which basically means that you're going - to hear the evidence that's presented from Staff from the Applicant; you're going to hear what the public has to offer; and you're going to apply what you hear to the standards set forth in your City Code and to the Criteria set forth in your Code for Conditional Uses and Variances. All evidence that you consider to either approve or deny these Applications has to be based on what's called 'Competent' and 'Substantial' evidence. And, this is a term that's defined by the Florida Courts as evidence a reasonable mind would accept as adequate to support a decision that all Criteria has been met. An easy way to determine what is 'Competent' and 'Substantial' is that it's relevant to the issue. It's what a reasonable person would consider to be relevant. A few examples of what is not considered 'Competent' and 'Substantial' evidence - you should not take this kind of evidence under consideration whether it's presented or not. And, if you are going to be speaking tonight, please try to avoid presenting this kind of evidence, because it's not relevant to the matter. Evidence of similar Variances that may have been granted in the neighborhood or to a similar type of property, are not 'Competent' and 'Substantial' evidence relevant to tonight's Applications. Emotional assertions of hardship without supporting evidence or testimony are not 'Competent' and 'Substantial' evidence; and any - conclusory statement without additional supporting testimony or evidence is not considered 'Competent' and 'Substantial' evidence. So, every statement you make must be supported by some sort of factual evidence or testimony. Some examples of what does constitute 'Competent' and 'Substantial' evidence are reports, personal observations, and professional experiences of the professional Staff of the City; or, a lay testimony, so long as the testimony is supported by fact, rather than OpInIOn. All of this evidence must show that the Applicant has met each and every Criteria set forth in the Code, both for the Conditional Use and the Variance Application; and the initial burden is going to be on the Applicant to show that all Criteria has been met. If the Applicant shows in your evaluation, that all of the Criteria has been met, in order to deny the Application, there must be 'Competent', 'Substantial' evidence on the other side that the Criteria has not been met. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 10, 2006 PAGE 5 OF 40 The Criteria is set forth in your Ordinance for Conditional Use in Section 20-33. (d)." Continuing, Attorney Latorre stated, "For the Conditional Use Criteria, the Applicant must show whether the proposed Use, including its scale and intensity, traffic generating characteristics, and offsite impact is compatible and harmonious with the adjacent Land Uses and will not adversely impact Land Use activities in the immediate vicinity. The Applicant has to demonstrate the size and shape of the site of the proposed access and internal circulation; and that the design enhancements are adequate to accommodate the proposed scale and intensity of the Conditional Use. The site has to be a sufficient size to accommodate the design amemtIes, such as screening buffers, landscaping, open space, off street parking, and other similar site improvements. Conditional Use must - not have an adverse impact on the local economy including governmental fiscal impact, employment, and property values. You consider whether the Conditional Use will have an adverse impact in the natural environment, including air, water, and noise pollution. You will consider whether the proposed Use will have an adverse impact on historic, scenic, and cultural resources, including views and vistas. Whether the proposed Use will have an adverse impact on public services, including water, sewer, surface water management, Police, Fire, Parks and Recreation, streets, public transportation, marina and waterways, and bicycle and pedestrian facilities. And, whether the proposed Use will have an adverse impact on housing and social conditions; including a variety of housing, unit types and prices, and neighborhood quality - and that's the Conditional Use. For a Variance, you have to see whether the Variance will be contrary to the public interests and - the Applicant must show that to get a Variance, it will not be contrary to the public interest and where owing to Special Conditions, a little enforcement of the provision of your Code would result in an unnecessary hardship. The Application for a Variance must also demonstrate that Special Conditions exist which are peculiar to the land structures or required subdivision improvements involved; and which are not applicable to other land structures or required subdivision improvements. If you were to grant the Variance, there must be a Finding established and the reason set forth in the Application, justifying the granting of the Variance. And, that the Variance is the minimum Variance that would make possible, the reasonable use of the land. And, there also must be a Finding that the granting of the Variance would be in harmony with the general purpose of the Chapter, which is Chapter 9 of your Code. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JULY 10, 2006 PAGE 6 OF 40 Now, if you are going to grant the Conditional Use or Variance, that's the decision you reach - you are permitted by law to impose special terms, conditions, and safeguards to your granting of the Variance. These conditions must intend to reduce any adverse impact which you think the Variance or Conditional Use may have - on the community or the neighboring properties. Also, these conditions must bear a relation to the standards and Criteria already set forth in your Code and they must not be arbitrary or discriminatory and they also must be supported by 'Competent', 'Substantial' evidence." Discussion. Mr. John Baker, AICP, Senior Planner, Community Development Department explained, "The Starlight Baptist Church has been at this present location since about 1990. They have a 4.28 acre site that includes the existing sanctuary and unattached accessory building and a covered basketball court. They have RI-AA zoning and a 'Rural Residential' - Future Land Use designation. They are seeking to build a new thirty thousand one hundred sixty-seven square foot (30,167) sanctuary with seven hundred and eighty-three (783) seats. The existing structures are proposed to remain. Weare looking at a future Development Agreement proposed to address such items as scheduling the sidewalk along Bahama Road and probably other issues including to, but not limited to, screening the bus parking, overnight accommodation of visiting Pastors and/or singing groups and some other items. Subsection 20-163. (a)(1) lists Churches and their intended Uses as Conditional Uses in the RI-AA Zoning district; and we feel that the Conditional Use is necessary to increase the intensity of the Use pursuant to that Section. Subsection 20-163. (d) specifies the information that the Applicant must - provide for the Conditional Use. One of those is the Setbacks. They do show a draft Site Plan that's included in your packet. It is a draft. We've asked them to hold off on that until we get further - determination of the Conditional Use and the Variance, but they do show the appropriate front thirty-five foot (35') in the rear, twenty-five foot (25') Setbacks, as specified by the Code. They are depicting a hundred and nineteen (119) parking spaces; which exceeds the number that would be needed for seven hundred and eighty-three (783) spaces in the sanctuary. Now, if they have the Youth Ministry concurrently with the services in the sanctuary, then they need to provide additional parking in their Site Plan. If they do not hold them concurrently, we believe that they have more than enough seats, at least per Code. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUL Y 10, 2006 PAGE 7 OF 40 Sidewalks will be installed along Hayes Road as you can see from the pictures I've passed out. Hayes Road is a paved road down to the intersection with Bahama [Road]. But, because Bahama [Road] is a dirt road and there are no plans to pave that, there are no specifications how that would be. We feel if they did put in a sidewalk there at this time, that it would likely be tom out when the Plans did come through. So, we'd like to defer that as part of - through the Development Agreement. Subsection 20-163. (b) states that any review of an Application or Plan shall consider the character of the neighborhood in which the proposed Use is to be located and its affect on the value of surrounding lands and further, the area of the site as it relates particularly to the required open spaces and offsite parking facilities. And, that's one of the big things we've tried to look at through this review. How can we accommodate the Church and still respect and maintain the neighborhood in a semi-rural character of the Ranchlands. One of the issues is that the Church presently keeps at least a half a dozen buses, and in your packet you will see some pictures of about six (6) or eight (8) of those buses parked the way they were in November. Now, I understand that the Church has been parking them in different locations to make them less visible to the neighborhood. One of the issues that's come up is that the Church does occasionally have visiting Pastors and singing groups and they'd like to stay in motor coaches or some other type of overnight traveling facility and we support that, but we feel that the Site needs to adequately accommodate them with electricity, sewer, water, and being screened from the public. So, hopefully that could be addressed through a Development Agreement. With further comments, Mr. Baker noted that the Board of Adjustment "Wanted me to try to find if there was an original Conditional Use for the Church, and we could not find one - we went back to 1981, and could not find any original Conditional Use." Mr. Baker added, "Getting into the 'FINDINGS' section on page 4, we reiterate, the Rl- AA Zoning and 'Rural Residential' Future Land Use designation - we believe the Conditional Use request to expand and intensify the existing Church to be consistent with the general Zoning requirements, and in the best interest of the public, subject to clarification about the buses and overnight visitors with motor coaches and similar vehicles." Mr. Baker then noted, "Adequately accommodating and screening these buses and motor coaches." Furthermore, Mr. Baker said, "Approval and execution of a Development Agreement addressing future provision of sidewalks along the adjacent portion of east Bahama Road." Lastly, Mr. Baker stated, "The stipulation of reasonable hours of activities that could be heard - by the adjacent residents; and staff also concurs with the Board of Adjustment recommendations set forth below that. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 10, 2006 PAGE 8 OF 40 And going into those recommendations, they agreed - they want the Site Plan to include adequate landscape buffers; they want no parking signs placed in the adjacent right-of- ways; they want the buses to be adequately hidden or stored off-site; and the Development Agreement to limit further growth (i.e. intensity); and also to set reasonable hours of activities." Concluding these comments, Mr. Baker remarked, "The Board of Adjustment and Staff do recommend approval subject to these Conditions." Discussion. Mr. Thomas Skelton, American Civil Engineering Company, 207 North Moss Road, Suite 211, Winter Springs, Florida: stated, "What we are proposing in this thirty thousand square foot (30,000) building is this section in here, and we'll have seven hundred and eighty-three (783) congregation seats. The four hundred (400) seats here, will be occupied by Youth Ministry. The youth are bused in. A hundred percent (100%) of the youth are bused in for that. So there's nine (9) buses, or eight (8) buses, or how many ever they have, one (1) each color, is what brings those youth here. When we first submitted the Site Plan, we had the building at the Setbacks up here, twenty-five foot (25') off. We had over eight hundred (800) seats proposed in the congregation. The Staff reviewed it and asked us to modify it, reduce it some. So we reduced it by ninety (90) seats; and, we pushed the building fifty foot (50') off the property line to provide a twenty-five foot (25') buffer that will remain natural, adjacent to this property owner here. Weare exceeding all of the landscape buffers, or meeting or exceeding, all the landscape buffers; and this being a thirty-five foot (35') landscape buffer along these two (2) roads here, there's I believe a ten foot (10') buffer along here, and we're exceeding that. And, again, that was twenty-five foot (25') required, but we're providing fifty foot (50') there. This Site Plan here, if you go by Winter Springs Code, and Winter Springs Code says one (1) space for every eight (8) seats; well, like I said earlier, right now they have 120 cars. And, it'd be kind of silly, to just propose 120 spaces and double size the parking. But, what we're proposing, if you want to question the Code as far as the required parking, that we also take a look - that if we laid it out with parking spaces that are nine foot by eighteen foot (9' x 18'), which are acceptable by many other Codes, that in this area here, including these paved spaces here, we get 204 spaces at nine by eighteen (9 x 18). This is not parking in the buffers, that's all in it within that area right there and that's nine by eighteen (9 x 18). Again, 205 spaces. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 10, 2006 PAGE 9 OF 40 If they required more spaces, there's areas back here where they could park and even if they did what I call a 'Citrus Bowl' parking, where they just have somebody out, an attendant out there that squeezed all of the cars together, they could fit 250 cars in there; utilizing eight by sixteen (8 x 16) spaces." Mr. Skelton continued, "Again, if we're going to question the Code, and that's - we like to question all of it, even the size of the parking spaces and everything; because right now, again, they park 120 cars right here. And, just by eyeballing it, you have 120 in that area. You could probably get 120 in this area. As far as the traffic impact, again, being a Church - the majority of traffic is on Sunday - Sunday mornings - the road that's got traffic there is light. Eighty percent (80%), approximately. We'll have somebody come up and tell exactly what the numbers have been for the last three (3) or four (4) weeks at the Church, but approximately eighty percent (80%) uses Hayes Road to go out to [State Road] 434 or other parts of the community there." Additionally, Mr. Skelton stated, "This is a picture that was taken recently and as you can see they have started lining up the buses on the west side of the property line, away from the eye of any of the passers-by there. They parked their buses on the west, in between the buffers and the building." Mr. Skelton further explained, ''1' d say only half a day on Sunday and a couple of hours on Wednesday night, every other day this lot will be vacant. There won't be any cars. The only paved spaces are for the permanent employees, which that exceeds how many they're going to have there on a daily basis. So, that is the reason for the request - to keep that big, green, open field look, except for the paved drive and few of the paved spaces there. As far as the Stormwater, we've applied to St. John's [River Water Management District] and obtained a permit, Stormwater permit for the retention areas there. The water and the sewer impacts will be minimal from this property being a Church use. The existing septic systems are slated to be removed and connected to a lift station that will pump to the existing sanitary in an adjacent subdivision. The Church will execute the Developer's Agreement that will include - whatever requirements for the sidewalks and hours of operation." Additionally, Mr. Skelton noted, "And of course, we still need to go through our Site Plan review process that will get the other technical items ironed out as far as the parking layout or the rest of the Stormwater; and the Utilities review. And also, we'll have to go through the Aesthetic Review of the building. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 10, 2006 PAGE 10 OF 40 Before the Preacher comes up and explains the operation here, I just want to state - in my professional opinion, just taking a look at the - Code, at the way it's stated, that we do meet the Code as far as providing the ten by twenty (10 x 20) spaces. But, if we lay it out as they're laying out right now - parking cars - we can get more, or what they need as far as the number of parking. And, on top of that, just one other issue is the number of seats. What you're basing - if you say seven hundred and eighty three (783) seats, you're basing that being a hundred percent (100%) occupied and a Church is, on their best days are eighty percent (80%), except for those few days - Christmas, TharIksgiving, those days. Easter, that they do reach. And, they're looking into options as far as off-site parking and busing the people in at that time. So, in my professional opinion our 'Conditional Use' request meets all of your guidelines there." Dr. Glenn Riggs, 330 East Pinewood Court, Lake Mary, Florida: as the Pastor of the Starlight Baptist Church, Dr. Riggs addressed the City Commission and presented some Petitions to the City and a packet of information, to which he explained, "We have a fact sheet there; we have a Traffic Analysis that we have placed inside of this, a very in-depth one; and so we would like to distribute that to you as well." Tape l/Side B With discussion, Dr. Riggs stated, "There's been mention about a 'Mother's Day Out'. Truth is, we don't have a 'Mother's Day Out'. We think it's a great idea. And, since it's been suggested, we think we might - implement something like that. But, we don't have anything like that. We have services and we do what Churches do. Sometimes we have funerals, sometimes we have weddings. People come to Churches for various things that go on. But, as far as a crowd is concerned, we have a crowd on Sunday morning that comes and we pack our facility; and we've packed it for a number of years. We know that for this Church to move forward it has to be able to grow." Dr. Riggs continued, "What we're trying to do is maximize. We're trying to do the mostest, with the leastest. We're trying to do as much as we can with what we've got. We fully understand that whatever we build on this property, this is it." With further comments on parking, Dr. Riggs stated, "We wish we had more parking. We don't have. What we do have is that we have enough that we know that we more than meet the City's Code. We also know what we can park on this piece of property, because we have parked many, many, many more cars than what's showing on this sheet. We know what we can do - we know what the practical side of this is; we know that we can take this new building, we can fill this building, and we can park the people on this." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 10, 2006 PAGE II OF 40 Furthermore, Dr. Riggs stated, "I've Pastored for thirty-seven (37) years, and we all know that you're never going to grow past eighty percent (80%). Now, for Christmas or Easter, people will pack in a little closer for something like that. So, when you take eighty percent (80%) of that, you're looking at a number more like six hundred and twenty-seven (627). Now, that's reality. That's what we're really looking at. Can we park them? Absolutely, we can park them. We know we can park them. Because we've parked this many cars before on this property. And, we know that we can do this." Dr. Riggs continued, "We've provided help for those who had a need. And, during the storms, we opened our facilities up and we let families come and stay in our buildings during the storm~ It's been mentioned tonight about - being Hurricane proof - we know this, our building would have to meet the Codes. And, whatever we've got, we make available. As we have in the past, we continue to make that available. We've offered our buildings free of use to the Ranchlands and to the neighborhood boards of other neighborhoods around us; and some of them take advantage of that and use our facilities. We've been a very responsive and responsible to the neighborhood. We've been as kind as we know how to be. There are people that use our parking lots in the Ranchlands for activities of their own - parties, birthday parties that they have. Some park their cars in there and get a ride, and ride with others. People have offered, and come and borrowed our chairs. We have been as responsive as we know how to be." Additionally, Dr. Riggs commented that "This building's going to be cut in half inside. These will be classrooms; and, there will be a half sized auditorium and that's what these buses - the buses will not be parked here. They're parked here out of the way; and this will be occupied by bus children entirely. And, so, it's not an impact. This seating will not impact anything out here because all of these come on the buses. And, this will allow us to minister to our adults. These are Sunday School rooms, and administration rooms, and a large foyer - this is a family life center that we want to enclose, and this is what we will use this for." Commissioner Sally McGinnis stated, "Your Youth Ministry, is that what we used to call 'Sunday School'? Is that the same thing?" Dr. Riggs responded, "Well, we have Sunday school for all ages, adults, and children." Then, Commissioner McGinnis asked, "So, this 'Youth Ministry' now, you are talking about four hundred (400)..." Dr. Riggs stated, ". .. Yes..." Commissioner McGinnis then said, ". ..Approximately four hundred (400) kids.. ." Dr. Riggs stated, "... Yes." Dr. Riggs added, "Parents do ride buses sometimes, yes, and four hundred (400) would be a large, large group. Normally, I would say maybe, three hundred (300) would be our max." Commissioner McGinnis then inquired of Dr. Riggs, "Now, is this only on Sunday that these.. ." Dr. Riggs remarked, "... Yes." Commissioner McGinnis continued, "... Youth meet? Okay." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 10, 2006 PAGE 120F40 Commissioner Robert S. Miller asked, "Do you have one (1) service on Sunday or do you have several?" Dr. Riggs answered, "We have one (1) Sunday morning, and one (1) Sunday evening, and one (1) Wednesday evening." Discussion. Commissioner Donald A. Gilmore asked, "How many people are going to be in this building right here - on Sunday - that will come in cars..." Dr. Riggs stated, "... Virtually none.. . " Commissioner Gilmore added, "... Instructors, etc..." Dr. Riggs responded, ". . . Virtually none. All of these are for the children that ride the buses." Commissioner Gilmore then inquired, "Don't you have adults teaching the children..." Dr. Riggs stated, "...There will be adult workers, but you're talking a very, very minimal number. You're talking about parking spaces for those adult workers..." Commissioner Gilmore stated, ".. . Yes. What I'm saying is if you have 400 children there, I would suspect you have twenty- five (25) to forty (40) adults..." Dr. Riggs added, ".. . No, Sir..." Commissioner Gilmore asked, "How many do you have?" Dr. Riggs stated, "Probably, maybe half that number. We have them in large groups, have a large group service with them and maybe four (4) or five (5) with each one ofthe groups that's there." Commissioner Gilmore then said, "On the Easter Sunday and the Christmas periods, when it would be reasonable to expect that diversity factor to go from an eighty percent (80%) to ninety (90) or a hundred (100) even, what are you going to do with the people. Tell them they have to go home, because they can't park on Bahama [Road] or Hayes Road." Dr. Riggs stated, "That's correct. There's a number of options that we have. Number one (1), Mr. Skelton mentioned that there's ways of parking more people on there, for one (1) Sunday or a special thing. Number two (2), we can park them off campus and we can bus them in. We can ask our workers to park away. We've talked to some businesses in the area, that are more than willing to allow us to use their facilities on Sunday to park people. And, with bus ministries as we have, it's easy for us to shuttle, if that becomes necessary." Deputy Mayor Blake opened the "Public Input" portion of the Agenda Item. Mr. Mike Carringer, 726 Lakeside Drive, Winter Springs, Florida: spoke in favor of this proposal; and spoke of the economic benefit to the community. Mr. Donald Smith, 120 East Tradewinds Road, Winter Springs, Florida: noted he was opposed; the character of his neighborhood; and noted the height of the steeple for the proposed building. Mr. Ken Smart, 122 Bayberry Road, Altamonte Springs, Florida: remarked he was in favor of this project, but did not address the City Commission. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 10, 2006 PAGE 13 OF 40 Mr. Barry Campbell, 231 Oak Road, Winter Springs, Florida: referenced the Code and excessive traffic, dust, and noise; and mentioned he was opposed to this project. Ms. Kelly Smart, 122 Bayberry Road, Altamonte Springs, Florida: said she was in favor of the project, and did not address the City Commission. Ms. Jo Bush, 125 East Bahama Road, Winter Springs, Florida: asked if the Church had future plans for a school; spoke of more traffic and paved roads; and asked if any Commissioner was a resident of thc Ranchlands. Ms. Mary Leppla, 1560 Oak Lane, Casselberry, Florida: did not address the City Commission, but was in favor ofthe project. Mr. Raymond Carringer, 3468 Hawkshead Drive, Clermont, Florida: spoke on the merits of the Church. Ms. Yvonne I Froscher, 623 Sailfish Road, Winter Springs, Florida: spoke of aesthetics; mentioned that over the last two (2) weeks the buses have been parked more out of view; asked if a species survey had been conducted on the uplands; and showed some photographs of Church buildings. Mr. Glen Huff, 431 Lancers Drive, Winter Springs, Florida: mentioned collecting Petitions from residents in the Arbors/Mount Greenwood subdivision; and spoke of Church buildings. Ms. Lorie Thebaut, 310 Hayes Road, Winter Springs, Florida: briefly addressed seating capacity. Ms. Nancy D. Fitzsimmons, 2302 North Goldenrod Road, Orlando, Florida: spoke of her children and the bus ministry. Mr. Robert Walker, 330 Hayes Road, Winter Springs, Florida: noted his property is next to the Church property, and spoke against the planned expansion. Ms. Billie Crigger, 45 Hayes Road, Winter Springs, Florida: is the Church Clerk and wanted to present letters. Tape 2/Side A Mr. Michael Lake, 220 East Panama Road, Winter Springs, Florida: mentioned he was very opposed to this project. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 10,2006 PAGE 14 OF 40 Mr. Larry Crigger, 45 Hayes Road, Winter Springs, Florida: spoke of traffic, and noted he was in favor of the project. Mr. Vernon M Conley, 250 East Bahama Road, Winter Springs, Florida: did not address the City Commission, but was also in favor of the project. Ms. Sylvia Morrison, 434 Boxwood Circle, Winter Springs, Florida: noted some traffic information; and said she was in favor of this project. Mr. Thomas Smith, 203 Morton Lane, Winter Springs, Florida: thought this did not fit in with the lifestyle of this community. Ms. Kelli Johnson, 802 Fisher Road, Winter Springs, Florida: as the acting President of the Ranchlands; Ms. Johnson said they had submitted a Petition opposing this project; mentioned she was very opposed; and noted concerns with parking and roads. Brief discussion. Mr. Tim Jordan, 235 Tides Road, Winter Springs, Florida: noted he was in favor of this project; and said he saw no traffic issues with the Sunday peak times. Ms. Vernell Shivers, 1036 Crystal Circle, Casselberry, Florida: did not address the City Commission, but she was in favor of the project. Mr. Tony Tizzio, 809 Osceola Trail, Casselberry, Florida: noted he was in favor of the expanSIOn. Ms. Dede Lynch, 605 Brittany Court, Casselberry, Florida: Deputy Mayor Blake said, "DeDe Lynch, did you wish to speak?" Mr. Dan Lynch, 605 Brittany Court, Casselberry, Florida: Deputy Mayor Blake stated, "Dan Lynch did not wish to speak." Deputy Mayor Blake added, "They were both in favor." Mr. Frank Stever, 452 Forestwood Lane, Maitland, Florida: spoke of traffic; cars; the Youth Ministry; and thought that the parking was inadequate for the proposed building. Mr. David Spence, 28431 Atlantis Road, Tavares, Florida: mentioned he had visited Ranchland residents and noted he supported the planned expansion. Ms. Connie Riggs, 427 Valencia Court, Longwood, Florida: mentioned she was in favor of the project and said she had never seen a car towed from the grass parking area. CITY OF WINTER SPRINGS, FLORIDA MINUTES . CITY COMMISSION REGULAR MEETING - JULY 10,2006 PAGE 15 OF 40 Deputy Mayor Blake said, "I am going to read off a list of names. The first stack will be folks that did not desire to speak that are in favor of the project: Mr. Don Shewmaker, (528 Lombardy Road, Winter Springs, Florida); Ms. Frances Shewmaker, (528 Lombardy Road, Winter Springs, Florida); Ms. Lois Courtney, (1850 Knight Avenue, Orlando, Florida); Mr. Michael Maxwell, (112 Wheatfield Circle, Sanford, Florida); Ms. Lisa Maxwell, (112 Wheatfield Circle, Sanford, Florida); Mr. Steven J Simpkins, (181 North Edgemon Avenue, Winter Springs, Florida); Ms. Cheryl J Simpkins, (181 North Edgemon Avenue, Winter Springs, Florida); Mr. Marty Riggs, (427 Valencia Court, Longwood, Florida); Mr. Randy Snelgrove, (273 East Bay Avenue, Longwood, Florida); Ms. Lorrie Harjo, (5600 Autumn Chase Circle, Sanford, Florida); Ms. Virginia Ellenback, (211 Brighton Way, Casselberry, Florida); Ms. Paul Mayeski, Jr., (152 Holderness Drive, Longwood, Florida); Ms. Lorie Mayeski, (152 Holderness Drive, Longwood, Florida); Mr. Daniel Riggs, (245 Petunia Terrace, Apartment 103, Sanford, Florida); Mr. Mike Goodall, (200 North Edgemon Avenue, Winter Springs, Florida); Ms. - [Debbie] Goodall, (200 North Edgemon Avenue, Winter Springs, Florida); Ms. Cindy Huff, (431 Lancers Drive, Winter Springs, Florida); Mr. Dennis E Patterson, (507 Evergreen Avenue, Winter Springs, Florida); Ms. Amy Patterson, (507 Evergreen Avenue, Winter Springs, Florida); Ms. Susan J Cornell, (135 Birchwood Drive, Maitland, Florida); Mr. Vaughn Cornell, (135 Birchwood Drive, Maitland, Florida); Ms. Paul Morrison, (434 Boxwood Circle, Winter Springs, Florida); Ms. Deana Phillippi, (829 Dunbar Terrace, Winter Springs, Florida); Mr. Glenn Phillippi, (829 Dunbar Terrace, Winter Springs, Florida); Mr. Scott Downing, (215 South Sun land Drive, Sanford, Florida); Ms. Pam Jordon, (235 Tides Road, Winter Springs, Florida); Ms. Reba Neeley, (111 Mosswood Circle, Winter Springs, Florida); Mr. EZ. Jewett, (749 Mahogany Lane, Altamonte Springs, Florida); Ms. Marilyn S. Jewett, (749 Mahogany Lane, Altamonte Springs, Florida); Ms. Michelle Smith, (218 Loch Low Drive, Sanford, Florida); Mr. Clinton Smith, (218 Loch Low Drive, Sanford, Florida); Mr. Tim Leathers, (346 San Miguel Court, Winter Springs, Florida); Ms. Ellise Shawley, (175 Magnolia Park Trail, Sanford, Florida); Mr. Joey Roberts, (111 Mosswood Circle, Winter Springs, Florida); Ms. Lisa Donohue, (116 Rock Lake Road, Longwood, Florida); Ms. Sonia K. Dellamotta, (710 Palos Way, Longwood, Florida); Ms. Siva Dellamotta, (710 Palos Way, Longwood, Florida); Ms. Briana Burdette, (18 Elkwood Court, Winter Springs, Florida); Ms. Kimberly B. Burdette, (18 Elkwood Court, Winter Springs, Florida); Ms. Amanda Burdette, (18 Elkwood Court, Winter Springs, Florida); Ms. Debbie Tenon, (843 West Winter Park Drive, Casselberry, Florida); Ms. Karen Watford, 260 Pine Tree Drive, Casselberry, Florida); Ms. Sherri Kania, (212 Loch Low Drive, Sanford, Florida); Ms. Misty Kania, (2824 Jewell Avenue, Deltona, Florida); Mr. Michael Kania, (212 Loch Low Drive, Sanford, Florida); Mr. Michael Kania, (2824 Jewel Avenue, Deltona, Florida); Ms. Joyce E Holse, (1715 Vauxhall Road, Auburndale, Florida); Ms. Carolyn Riggs, (330 East Pinewood Court, Lake Mary, Florida); Ms. Lynda Holman, (902 Osceola Trail, Casselberry, Florida); Mr. Matt Mallo, (3307 South Park Avenue, Sanford, Florida); Mr. Wendell Hall, (1310 Lancelot Way, Casselberry, Florida); Ms. Donna M Hall, (1310 Lancelot Way, Casselberry, Florida); Ms. Ruby Billips, (606 Lockwood Drive, Orlando, Florida); Ms. Judy Chubb, (606 Lockwood Drive, Orlando, CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 10, 2006 PAGE 16 OF 40 Florida); Mr. Karl Chubb, (606 Lockwood Drive, Orlando, Florida); Mr. Anthony S. Falisi, (670A Macduff Lane, Winter Springs, Florida),' Ms. Sylvia Ann Stephen, (211 Ruskin Street, Lake Mary, Florida),' Ms. Bonnie Mallo, (3307 South Park, Sanford, Florida); Ms. David Henry, (210 Albert Street, Winter Springs, Florida); Ms. Barbara Lovelady, (1377 West Blue Springs, Orange City, Florida),' Mr. John Shawley, (175 South Magnolia Avenue, Sanford, Florida); - Ms. Anna Chubb, (606 Lockwood Drive, Orlando, Florida); Mr. Fred Pruessner, (911 Lantania Place, Oviedo, Florida); Mr. Tom Wilson, (240 Pine Tree Drive, Casselberry, Florida); Ms. Nancy Wilson, (240 Pine Tree Drive, Casselberry, Florida),' Ms. Norma Develder, (2912 Golden Birch Lane, Longwood, Florida); Ms. Donna Pruessner, (911 Lantania Place, Oviedo, Florida); Mr. Ryan Peyton, (720 Mullins Street, Apopka, Florida); Ms. Kelly Peyton, (720 Mullins Street, Apopka, Florida),' Ms. Kathy Patterson, (202 James Court, Winter Springs, Florida); Mr. Dennis Patterson, (202 James Court, Winter Springs, Florida),' Mr. Larry Stephen, (211 Ruskin Street, Lake Mary, Florida),' Mr. Carl R. Roberts, (1811 Escobar Avenue, Deltona, Florida); Ms. Michelle 1. Thomas, (1618 Silver Fox Circle, Apopka, Florida); Mr. Roger Courtney, (1850 Knight Avenue, Orlando, Florida); Mr. Thomas H Roy, (40448 Holy Branch Road, Eustis, Florida); Mr. Anthony C. Doyle, (605 Brittany Court, Casselberry, Florida),' Ms. Beverly Bryant, (305 Teakwood Lane, Altamonte Springs, Florida),' Ms. Nancy N White, (811 Richtree, Drive, Altamonte Springs, Florida); Ms. Julia Christian, (270 Wetumpa Court, Casselberry, Florida); Ms. James Christian, 270 Wetumpa Court, Casselberry, Florida),' Ms. Vernette Carringer, (3658 Hawkshead Drive, Clermont, Florida); Ms. Elizibeth Jimmerson, 303 Kantor Boulevard, Casselberry, Florida); Mr. Kenneth Maxwell, (448 Marathon Lane, Sanford, Florida),' Ms. Nancy Burdette, (303 Kantora Boulevard, Casselberry, Florida); Mr. Robert Lovelady, (1377 West Blue Springs Avenue, Orange City, Florida); Ms. Diana K. Herring, (23678 Christmas Cemetery Road, Christmas, Florida),' Ms. Alexis Herring, (23678 Christmas Cemetery Road, Christmas, Florida),' Mr. James Herring, (23678 Cemetery Road, Christmas, Florida),' Ms. Lettie Tyer, 320 Riunite Circle, Winter Springs, Florida); Ms. Iris Richards, ( 587 Stars tone Drive, Lake Mary, Florida),' Ms. Margaret Mowry, (1480 Bridlebrook Court, Casselberry, Florida); Ms. Gail Spence, (28431 Atlantis Road, Tavares, Florida); Mr. Chris Hall, (108 Aunt Polly Court, Orlando, Florida),' Mr. Leo Dixon, (641 Starstone Drive, Lake Mary, Florida); Mr. James Oglesbee, (231 Ruth Boulevard, Longwood, Florida); Mr. Jeffrey B. Robinson, (2700 Teak Place, Lake Mary, Florida); Ms. Paula Oglesbee, (231 Ruth Boulevard, Longwood, Florida); Mr. Tim Burkett, (122 Garrison Drive, Sanford, Florida); Mr. Richard J Elliott, (225 Wayman Street, #113, Longwood, Florida); and Mr. Casey Harjo, (5600 Autumn Chase Circle, Sanford, Florida). " Deputy Mayor Blake then said, "The following individuals do not desire to speak, but they are opposed to each of the items: Ms. Lynn - Burlingame, (510 Hayes Road, Winter Springs, Florida); Ms. Leeca Ramirez, (240 Stoner Road, Winter Springs, Florida); Mr. Pablo Ramirez, (240 Stoner Road, Winter Springs, Florida); Mr. Robert Burlingame, (510 Hayes Road, Winter Springs, Florida); and Mr. William S. Moyers, Jr., (205 Morton Lane, Winter Springs, Florida)." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 10, 2006 PAGE I7OF40 Deputy Mayor Blake stated, "James and Amanda [Roden] are in favor of this: Ms. Amanda Roden, (3315 Sterling Lake Circle, Oviedo, Florida); and Mr. James Roden, (3315 Sterling Lake Circle, Oviedo, Florida). " In addition, Deputy Mayor Blake stated, "Christy Carringer and J.P. Bartlinski, they are in favor as well: Ms. Christy Carringer, (726 Lakeside Drive, Winter Springs, Florida); and Mr. J P. Bartlinski, (141 West Magnolia Avenue, Longwood, Florida)." With further discussion, Deputy Mayor Blake also said, "Pastor Riggs you actually filled one of these as well, but as the Applicant, representing the Applicant - we will not call you on this - to allow you to make comments again." Ms. Elsie Bledsoe, 180 East Panama Road, Winter Springs, Florida: noted she would like the road paved, and that she lives near Hayes Road. Deputy Mayor Blake closed the "Public Input" portion of the Agenda Item. Discussion. Commissioner McGinnis said, "I would like to see a real, certified, bonafide Traffic Study done. I think it would be to your advantage to have that done." Dr. Riggs stated, "Absolutely." Commissioner Gilmore noted, "The community - is objecting to seeing these buses out there all of the time." Dr. Riggs stated, "The tall tree barrier here - you will not be able to see the - buses coming down a paved road. Once we - put some - tall shrubs - this is Bahama [Road]. When you come down Hayes Road on this side, once this pavilion is enclosed, you will not be able to see any buses." With discussion on the property adjoining the Church and the buffer, Commissioner Gilmore asked Dr. Riggs, "Are you going to put trees or something in there?" Dr. Riggs responded, "There will be a wide group of little trees that will stay." Commissioner Joanne M. Krebs said for the Record, "You were going to paint the buses.. ." Dr. Riggs stated, ".. . Yes." Furthermore, Commissioner Krebs stated, "Conditional Use, as far as your expansion is concerned, has in the grass parking." Commissioner Krebs added, "I also would like to see a Traffic Study too." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 10, 2006 PAGE 18 OF 40 Discussion. Commissioner Miller stated, "Thousands of vehicles are going to be coming down Murphy Road very shortly - in the next year. Murphy [Road] and Edgemon A venue and your Church - if it expands the way you are referring to, it could have impact on this community." Commissioner Miller added, "I understand that you want to minimize this. I don't blame you, I would do the same thing. We haven't seen anybody here in five (5) years or the eight (8) years that I've been here just come in and give us the worst case scenario - so, these are just some of the other things. So, if the Traffic Study is conducted, I would like to make sure that the City Staff looks at the forthcoming impact _ that we know that is going to be coming out of Casselberry right now." Discussion. Dr. Riggs stated, "When we discussed this with the City Staff, that's one of the first things that we - addressed, the traffic issue, and looked at your Codes and went and looked at the carrying capacities of Hayes [Road] and all this, and concluded that since the Church operates on Sunday's - the bottom line is this. On Monday, all day long, there's four (4) cars there. On Tuesday, all day long, there's four (4) cars there." Dr. Riggs continued, "My point is, is that, you've got a community out there that's got a- facility on it that is vacant with the exception of a handful of staff - all work long, except Sunday morning and then Sunday evening for a less extent." Commissioner McGinnis stated, "Landscaping - from time to time we accommodate _ wonderful palms into the beautiful landscaping and buffers; and then over a period time, they deteriorate and they don't maintain it - the landscaping - so, I would ask that you would definitely make the commitment to in fact make sure that the trees and the plantings would - when you cover the buses for example, if you just put plants in, that they are not just little plants, they are big; and you would maintain them over a long period of time." Discussion. Regarding the Board of Adjustment's actions, Commissioner Krebs stated, "If we do approve this tonight, I would ask - the Commission to consider everything that the Board of Adjustment - has indicated, including the painting of the buses, the parking of the buses. They asked for a major Aesthetic Review. They also indicated the future necessity, possibility of Police to help direct traffic in the high - peak times. And, that there would be a limit of any future physical growth on that property." Commissioner Krebs added, "And the Traffic Study." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 10, 2006 PAGE 19 OF 40 Discussion. Deputy Mayor Blake said, "Let's go back to the initial 400 seats - has Staffs Recommendation changed by that addition?" Mr. Baker stated, "The only change would be that the Site Plan, if they are concurrent, per the Code, would need to show an additional - about thirty (30) parking spaces, if they are concurrent." Mr. Baker added, "And, we would want to have a Traffic Study with the Site Plan." Commissioner Krebs said, "Point of Order". Tape 2/Side B Deputy Mayor Blake called a Recess at 9: 17 p. m. Deputy Mayor Blake called the Meeting back to Order at 9:35 p.m. Discussion. Mr. Brian Fields, P.E., City Engineer, Public Works Department addressed the City Commission on traffic and parking. Commissioner Krebs stated, "And would the Development Agreement also restrict future use, or could it restrict future use such as a school?" Commissioner Krebs stated, "It could. So we would have to put that - would that be something we would do tonight?" City Manager Ronald W. McLemore suggested, "We could do that as part of your Final Engineering." Deputy Mayor Blake recommended, "You could make that a stipulation to an approval of Conditional Use." Mr. Tom Waters, 1033 Antelope Trail, Winter Springs, Florida: As the Chairman of the Board of Adjustment, Mr. Waters spoke about traffic control. Commissioner McGinnis stated, "I like the idea of a parking analysis. And, I would like to take up on Ms. Froscher's comments regarding a Wildlife Impact Study - I would like to know if there are any gopher tortoises there? What are you going to do with them? Relocate them?" Mr. Skelton responded, "They've done a Study. I'm sure there were gopher tortoises out there. I'm not sure what the analysis was. They're going to have to update it - I think it was done about a year ago. But, during the Final Site Plan, they'll have to go through the process and go through the proper channels of relocating them." Commissioner Krebs stated, "Relocate them." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 10, 2006 PAGE 20 OF 40 Commissioner Gilmore stated, "Brian [Fields], you just mentioned putting curb stops or car stops in the field to organize the parking. 1 have a concern if you do that, that is going to hurt - keeping it a nice grassed area, mowed area. 1 am not sure, 1 think you need to go back and re-Iook at that one." Mr. Fields noted, "Our intention was that, we can look at that, is if you don't define it. You tend to get less parking as people like a little more comfort between vehicles so it is our intention to maximize the spaces, but we can look into that." Discussion. Manager McLemore said, "I think it would be advisable in your final Vote if you decide to go forward with this to actually put that language in saying that it is subject to future Restrictions, that you may apply detailed site planning, so that it cannot be implied that minimum standards only are to be used at site planning." Commissioner McGinnis spoke for the Record regarding any history of Conditional Use. "MOTION TO APPROVE INCORPORATING ALL OF THE RECOMMENDATIONS FROM STAFF; RECOMMENDATIONS FROM THE BOARD OF ADJUSTMENT. WE DEFINITLEY WANT 'NO SCHOOL'. IN THE FUTURE, WE WANT THE BUSES UNIFORM AND HIDDEN FROM VIEW. NO PARKING IS ALREADY IN THERE - PARKING ANALYSIS; AND I THINK THAT COVERS ALL OF IT." "MOTION BY COMMISSIONER McGINNIS. MANAGER McLEMORE STATED, "MAKE SURE THAT YOU ADD IN THAT LANGUAGE THAT YOU MAY AT YOUR DISCRETION REQUIRE MORE THAN THE MINIMUM REQUIREMENTS." COMMISSIONER McGINNIS ADDED, "I WOULD INCLUDE THAT - SUBJECT TO FUTURE RESTRICTIONS THAT DO NOT NEED TO BE LIMITED TO THE MINIMUM REQUIREMENTS..." COMMISSIONER KREBS STATED, "...TO BE APPLIED TO A DETAILED SITE PLAN..." COMMISSIONER McGINNIS STATED, "...YES. WHICH - THAT WOULD BE A PART OF THE SITE PLAN..." DEPUTY MAYOR BLAKE STATED, "...AND SUBJECT TO THE DEVELOPER'S AGREEMENT..." COMMISSIONER McGINNIS STATED, "...SITE PLAN AGREEMENT AND DEVELOPER'S AGREEMENT..." COMMISSIONER KREBS ADDED, "...COULD YOU PUT IN THERE, BUSES PAINTED TOO..." DEPUTY MAYOR BLAKE STATED, "...SHE SAID BUSES BE UNIFORM AND HIDDEN..." SECONDED BY COMMISSIONER MILLER. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 10, 2006 PAGE 21 OF40 VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER MILLER: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE MOTION CARRIED. Tape 3/Side A "I WOULD LIKE TO MAKE A MOTION TO ACCEPT THE BOARD OF ADJUSTMENT'S FINDINGS AND TO GO AHEAD AND ACCEPT ITEM '200.2' - THE VARIANCE REQUEST." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. .:..:. AGENDA NOTE: PUBLIC INPUT WAS HEARD NEXT, AS DOCUMENTED. .:. .:. PUBLIC INPUT Mr. Bob Rucci, 973 Turkey Hollow Circle, Winter Springs, Florida: spoke of the upcoming "Hogs and Hounds Charity Poker Run" Event and Vendors; and noted that Invitations were just distributed for the Mayor and City Commission, and that a Documentary of the Event was going to be produced. Mr. Rucci invited the Mayor and City Commission to participate in this production and Event. Mr. Tom Brown, 717 Adidas Road, Winter Springs, Florida: representing the Planning And Zoning Board/Local Planning Agency's Chairperson, Ms. Rosanne Karr, Mr. Brown spoke of their last recent meeting and recent assignments related to the Comprehensive Plan and EAR (Evaluation and Appraisal Report). CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 10, 2006 PAGE 22 OF 40 .:..:. AGENDA NOTE: THE FOLLOWING PUBLIC HEARINGS AGENDA ITEM WAS DISCUSSED NEXT, FOLLOWED BY THE REST OF THE AGENDA, AS DOCUMENTED. .:..:. PUBLIC HEARINGS PUBLIC HEARINGS 203. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing To Consider Revisions To The Aesthetic Review Of Building [Number] 16 Of The Winter Springs Town Center Located Along The Eastern Portion Of The Round-About On Cliff Rose Drive, North Of Tree Shallow Drive. Mr. Baker presented his opening remarks related to this Agenda Item. Deputy Mayor Blake asked, "Aren't we supposed to have a Town Center diagram here that shows where within the Town Center this Building 16 is located?" Discussion. Commissioner Miller stated, "If that comer were to be found to be very useful for - like a coffee shop or a restaurant - I was curious why you would go from two (2) doors to one (1)? It just seems like two (2) doors would facilitate more people going in and out, and service - if people wanted service on the sidewalk." Mr. Rick Maxian, Project Coordinator, Randall Paulson Architects, 85-A Mill Street, Suite 200, Roswell, Georgia: addressed the City Commission on this project. Discussion ensued on al fresco dining, to which Commissioner Miller said, "Think about it, because a double door may help." Mr. Maxian added, "The other thing about putting a double door right here - this is the thickest part where the patio space is, so this is where the majority of your tables are going to be, so a double door here would probably be more sufficient than a single door back here then. I don't think that's a problem." Deputy Mayor Blake opened the "Public Input" portion of the Agenda Item. No one spoke. Deputy Mayor Blake closed the "Public Input" portion of the Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 10, 2006 PAGE 23 OF 40 VOTE: COMMISSIONER MILLER: AYE COMMISSIONER GILMORE: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. "MOTION TO APPROVE THE REVISED ELEVATION - AS SHOWN WITH ( "J THE SUGGESTION OR THE COMMENT ABOUT A DOUBLE DOOR INSTEAD Jr:----;-' OF A SINGLE DOOR ON THE REVISED ELEVATION." MOTION BY;- COMMISSIONER MILLER. SECONDED BY COMMISSIONER McGINNIS. -- ~ DISCUSSION. ~ I REGULAR AGENDA REGULAR 300. Not Used. REGULAR 301. Community Development Department Requests The City Commission Consider The Final Engineering/Subdivision Plan For Phase II A Of The Winter Springs Town Center. Phase II A Is Comprised Of 312 Condominium Units And 33,240 Square Feet Of Retail/Restaurant Space On 7.75 Acres In The Winter Springs Town Center, Located In The Northeast Quadrant Of Tuskawilla Road And S.R. (State Road) 434. Mr. Baker in his opening comments stated, "Staff has looked at this and we recommend approval subject to the ten (10) conditions that you have in your Staff Report and subject to addressing the deviations from the Code that are set forth in your Staff Report, in the Development Agreement or Implementation Agreement." Discussion. Mr. George D. Tullos, James Doran Company, 216 Seven Farms Drive, Suite 200, Charleston, South Carolina: remarked that, "One of the reasons that that pad is still in question - we in conjunction with Staff, talked about the need for parking immediately, and we decided that that pad could be temporary parking and we were going to allow that, while we continue our marketing efforts for something else." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 10, 2006 . PAGE 24 OF 40 Commissioner Krebs asked, "Temporary - to what date?" Mr. Tullos remarked, "Until such time as we can build a building which at that point would require structured parking or parking replacement." Deputy Mayor Blake said, "When are we going to have that come back to US, Ron [McLemore ]?" Manager McLemore stated, "It is probably going to be the first meeting of next month." Manager McLemore added, "I would like for us to commit to each other - we're going to be there by the first meeting of next month - if not sooner?" Mr. Tullos remarked, "Agreed." "I MAKE A MOTION TO APPROVE ITEM '301' - THE FINAL ENGINEERING PLANS FOR PHASE IIA - TOWN CENTER." MOTION BY COMMISSIONER GILMORE. COMMISSIONER KREBS SAID, "WOULD THAT BE WITH THE CONDITIONS FOR APPROVAL FOR THE FINAL ENGINEERING?" COMMISSIONER GILMORE STATED, "YES." SECONDED BY COMMISSIONER KREBS. MANAGER McLEMORE INQUIRED, "YOU MADE THAT SUBJECT TO THE IMPLEMENTATION AGREEMENT?" COMMISSIONER GILMORE NOTED, "YES - SUBJECT TO THE IMPLEMENTATION AGREEMENT." VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. REGULAR 302. Public Works Department Requesting The City Commission Review And Consider A Proposed Modification To The Jesup's Landing Final Engineering, Specifically To The Foundation Design At Four (4) Townhome Buildings. Mr. Fields introduced this Agenda Item. Discussion. Mr. Ken Derrick, P.E., Universal Engineering Sciences, 3532 Maggie Boulevard, Orlando, Florida: addressed the City Commission. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 10, 2006 PAGE 25 OF 40 Further discussion. Tape 3/Side B Commissioner Gilmore said to Mr. Derrick, "Are you saying that there is not going to be a problem with hydraulic pressure from those buildings, potentially forcing the muck out from there?" Mr. Derrick said, "Yes, Sir. That is what I'm saying." Commissioner Gilmore then asked, "You would sign that?" Mr. Derrick answered, "Yes, Sir." With further discussion, Commissioner Gilmore said, "I would like to see a cross-section of this whole thing." Discussion. "I WILL MAKE THE MOTION TO EXTEND THE MEETING FOR AN HOUR." MOTION BY COMMISSIONER GILMORE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: NAY DEPUTY MAYOR BLAKE: AYE MOTION CARRIED. Discussion. Mr. Christopher P. Roper, Esquire, Akerman Senterfitt, 420 South Orange Avenue, Suite 1200, Orlando, Florida: spoke for the Record. DEPUTY MAYOR BLAKE STATED, "I WOULD ENTERTAIN A MOTION TO DIRECT STAFF TO TAKE THIS ISSUE UP, TO STUDY AND BRING BACK EVIDENCE TO THE COMMISSION THAT THIS METHOD OF BUILDING UPON MUCK IS INDEED PROVEN AND ACCEPTED IN THE TYPES OF MUCK THAT EXIST HERE ON THIS PROPERTY, AND PROVIDE US WITH THE - COMFORT THAT WE NEED IN ORDER TO PROTECT THE HEALTH, SAFETY, AND WELFARE OF THE RESIDENTS OF WINTER SPRINGS." "I AGREE WITH YOU AND I WILL MAKE THAT MOTION." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER MILLER. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUL Y 10, 2006 PAGE 26 OF 40 COMMISSIONER McGINNIS SUGGESTED, "I THINK AN AUDIO-VISUAL WOULD BE GOOD FOR US." COMMISSIONER KREBS ADDED, "I WANT MORE DATA." DEPUTY MAYOR BLAKE STATED, "I AM NOT INTERESTED IN FLUFF OR MARKETING." COMMISSIONER GILMORE SAID, "I THINK IF WE GO BACK AND ASK FOR AN ENGINEERING ANALYSIS AND STUDIES, AND WHAT HAS HAPPENED IN THE PAST - I WOULD LIKE TO SEE SOME EVIDENCE AND PERFORMANCE RESULTS ON EVEN THE RECHARGE - MUCK; THE SUCCESS ON THAT; AND WHAT IS STANDARD IN THE INDUSTRY." VOTE: COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. REGULAR 303. Public Works Department Requesting City Commission Approval To Enter Into A Contract For Professional Engineering Services With Metric Engineering, Inc. For $19,640.00 To Implement Roadway Improvements On S.R. (State Road) 434 To Improve U-Turn Movements. Mr. Fields introduced this Agenda Item. Discussion. Tape 4/Side A Further discussion. "I MOVE TO APPROVE." MOTION BY COMMISSIONER MCGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. COMMISSIONER MILLER ASKED, "ARE WE TAKING OUT ANY OF THE GREEN SPACE?" COMMISSIONER KREBS STATED, "NO." COMMISSIONER McGINNIS SAID, "NO." . CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 10,2006 PAGE 27 OF 40 VOTE: DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: NAY COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. REGULAR 304. Not Used. REGULAR 305. Office Of The City Manager Requesting The City Commission To Approve The Health Insurance Plan And Provider For Fiscal Year 07. Mr. Kevin Smith, Director, General Services Department addressed the City Commission on this Agenda Item. Discussion ensued on the comparative data in this Agenda Item, to which Deputy Mayor Blake remarked, "r want good information provided to us." Ms. Fluffy Bellus, Bellus Insurance Services, 1251 Miller Avenue, #B, Winter Park, Florida: briefly addressed the City Commission. "MY RECOMMENDATION IS THAT THIS YEAR WE JUST KEEP THE PLAN SIMILAR..." MOTION BY COMMISSIONER McGINNIS. DEPUTY MAYOR BLAKE STATED, "...CONTINUE CURRENT PLAN DESIGN." COMMISSIONER McGINNIS ADDED, "RIGHT." SECONDED BY COMMISSIONER GILMORE. DISCUSSION. MS. BELLUS SAID, "I KNOW THAT SOMETIMES FAMILY COSTS ARE AN ISSUE AND I HAVE JUST RECENTLY TALKED WITH RON [McLEMORE] AND KEVIN [SMITH] AND I SUGGESTED THAT IF YOU KEEP THE SEVENTEEN PERCENT (17%) INCREASE, YOU MIGHT ALSO WANT TO OFFER A 'BUY-DOWN', IF SOMEONE WANTED TO CHOOSE A LESS RICH PLAN FOR LESSER COSTS FOR DEPENDENTS." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 10, 2006 PAGE 28 OF 40 DEPUTY MAYOR BLAKE ASKED, "WHAT DO WE LOSE BY DOING THE DUAL ACTION?" MS. BELLUS STATED, "NOTHING. IT WOULD ALL BE THE SAME." NEXT, DEPUTY MAYOR BLAKE STATED, "SO THE AMENDED MOTION WOULD BE TO CONTINUE THE CURRENT PLAN DESIGN WITH THE 'BUY- DOWN' OPTION FOR EMPLOYEES TO HAVE THE '80-20' PLAN..." COMMISSIONER McGINNIS SAID, "...YES." DEPUTY MAYOR BLAKE CONTINUED, "...IF THEY SO DESIRED. THAT IS THE AMENDED MOTION." SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: (ON THE AMENDMENT) COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR BLAKE: AYE MOTION CARRIED. VOTE: (ON THE MAIN MOTION, AS AMENDED) COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. REGULAR 306. Public Works Department Requests The City Commission To Review And Consider A Proposed 145-Foot Extension To The Orange Avenue Improvements Currently Under Construction, At A Cost Of $65,665.00. Mr. Fields introduced this Agenda Item. Discussion. "I WOULD LIKE TO SEE THAT MONEY USED OTHER PLACES; SO I MOVE THAT WE DO NOT EXTEND THIS ROAD AT THE ROBERTS' PROPERTY." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER MILLER. DISCUSSION. I 1 r---, VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER KREBS: NAY COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BLAKE: NAY COMMISSIONER MILLER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 10, 2006 PAGE 29 OF 40 "MOTION TO EXTEND." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. REGULAR 307. Office Of The City Manager Requesting The City Commission To Provide Direction Regarding Special Considerations For Permit Fees For Buildings Damaged By Fire. "I MAKE A MOTION WE DENY THIS." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: NAY COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 10, 2006 PAGE 30 OF 40 CONSENT AGENDA CONSENT 400. Parks and Recreation Department Requesting The City Commission's Approval To Apply For A Seminole Cultural Arts Council Grant For Two (2) Philharmonic Orchestra Performances And Authorize The City Manager To Apply For This Grant On Behalf Of The City Of Winter Springs. There was no discussion on this Agenda Item. CONSENT 401. Information Services Department Requests Authorization To Dispose Of Surplus Assets According To The Attached Disposition Sheets. No discussion. CONSENT 402. Public Works Department - Capital Projects Coordinator Requesting Approval To Accept Hazard Mitigation Grant Program Funds From The Federal Emergency Management Agency (FEMA) Through The Florida Department Of Community Affairs (DCA). This Agenda Item was not discussed. CONSENT 403. Public Works Department Requests The City Commission Validate The Staff Recommendation Finding Nursery Road Warehouses Phase IIB-l To Be Built In Substantial Accordance With The Final Engineering Plans. Brief discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 10, 2006 . PAGE 31 OF 40 CONSENT 404. Finance Department Requesting That The City Commission Authorize A Supplemental Appropriation In The Amount Of $47,612.00 From The Police Impact Fee Fund Reserve And $95,223.00 From The Parks Impact Fee Fund Reserve And $23,077.00 From The 2004 LOC (Line Of Credit) Debt Service Fund Reserve. These Funds, Totaling $165,912.00 Will Be Used To Pay Off The Police Headquarters Expansion And The Wincey Property Purchase (Parks) Portion Of The Year 2004 SunTrust Line Of Credit In The Fiscal Year 2005/2006 Budget. No discussion. CONSENT 405. Office Of The City Clerk Requesting Approval Of Resolution 2006-39 Expressing Appreciation To Alice Louise Allen For Her Service On The Oak Forest Wall and Beautification District Advisory Committee. This Agenda Item was not discussed. CONSENT 406. Office Of The City Clerk Requesting Approval Of The June 26, 2006 Regular City Commission Meeting Minutes. There was no discussion on this Agenda Item. "MOTION TO APPROVE" CONSENT AGENDA. COMMISSIONER McGINNIS. SECONDED. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE MOTION CARRIED. MOTION BY CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 10, 2006 PAGE 32 OF 40 INFORMATIONAL AGENDA INFORMATIONAL 500. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. Brief discussion. INFORMATIONAL 501. Not Used. INFORMATIONAL 502. Parks And Recreation Department Would Like to Inform The City Commission On The Status Of The Seminole County Youth Football League In Regard To Usage Of City Fields. Brief discussion ensued with Mr. Chuck Pula, Director, Parks and Recreation Department. Commissioner McGinnis added, "Thanks for working hard on this." "MOTION TO APPROVE" INFORMATIONAL AGENDA. MOTION BY COMMISSIONER MILLER. SECONDED. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE DEPUTYMAYORBLAKE: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. REPORTS REPORTS 600. Office Of The City Attorney - Anthony A. Garganese, Esquire Attorney LaTorre briefly addressed the City Commission. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 10, 2006 PAGE 33 OF 40 REPORTS 601. Office Of The City Manager - Ronald W. McLemore Manager McLemore stated, "Staff and I have met several times over the Fireworks issue." Manager McLemore continued, "We will file our complaint with them tomorrow. I will copy you on it." REPORTS 602. Office Of The City Clerk - Andrea Lorenzo-Luaces, CMC City Clerk Andrea Lorenzo-Luaces reminded the City Commission that "Next Monday at 6:00 p.m., you have your Budget Workshop. And then the following Saturday, on the 22nd [Of July, 2006], you have at 9:00 a.m., a second Budget Workshop." Deputy Mayor Blake stated, "I am not going to be at that Saturday one." REPORTS 603. Commission Seat One - Robert S. Miller Commissioner Miller said, "I would like the City Manager and Staff to work diligently on replacing the dead trees on [State Road] 434 - west of Hayes Road. There are quite a few of them." Commissioner Miller added, "I would like to ask that if it is going to take four (4) or five (5) months to resolve this, that we find some way to get them in immediately and let's maybe send them a bill or whatever." Next, Commissioner Miller spoke on the Record about a Campaign event for Mr. Mize; a possible contribution; and that Commissioner Miller was providing the City Clerk with information from Mr. Mize' s Website related to the Campaign event. Regarding some Aesthetic Reviews, Commissioner Miller stated, "My concern is that Contractors get the impression that this Commission is easy to push around because we have approved two (2) buildings without any modifications on the east end of town. We approved one (1) across the street over here where we didn't get anything out of them except a plaza out in front, which is just a bunch of paving stones with a couple of trees in it. I think we gave away a major, major, major concession by allowing them to put it back from the street." With further comments, Commissioner Miller said, "If that continues for a while, I think we ought to just eliminate the Aesthetic Review concept." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUL Y 10, 2006 PAGE 34 OF 40 .:. .:. AGENDA NOTE: THE FOLLOWING REPORTS WERE HEARD IN THE ORDER DOCUMENTED. .:. .:. REPORTS REPORTS 605. Commission Seat Three - Donald A. Gilmore No Report. REPORTS 606. Commission Seat Four - Sally McGinnis · West End Office Fountain Commissioner McGinnis referenced the recent Vote on the West End offices. Tape 4/Side B Commissioner McGinnis added, "I have been thinking about that and 1 am convinced that - this an opportunity to have something really different there, and 1 would love to see a nice sculpture, piece of art - we don't have anything like that in the City." Furthermore, Commissioner McGinnis noted, "I would hope we wouldn't have to demand it, but 1 would like to go back and ask them to reconsider." Manager McLemore remarked, "We're going to have to Agenda this for your next Meeting." Commissioner McGinnis stated, "Yes." "I WILL MOVE THAT WE PUT THIS ON THE NEXT AGENDA." MOTION BY COMMISSIONER McGINNIS. DEPUTY MAYOR BLAKE NOTED, "MOTION IS TO RECONSIDER THE ITEM." COMMISSIONER McGINNIS SAID, "YES..." DEPUTY MAYOR BLAKE ADDED, "...SPECIFICIALLY PERTAINING TO THE WEST END OFFICE BUILDING FRONT ARCHITECURAL FEATURES..." COMMISSIONER McGINNIS COMMENTED, "...YES." SECONDED BY COMMISSIONER MILLER. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 10,2006 PAGE 35 OF 40 MANAGER McLEMORE SAID, "I DON'T KNOW ON THE LAND USE ISSUES, IF WE CAN DO THAT OR NOT. WE'LL CHECK AND FIND OUT." VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. . Leadership Florida/Seminole Discussion ensued on Leadership Seminole and having a Staff member attend. Manager McLemore stated, "If the Commission would like for the Senior Staff to start participating in this program, we will work out some kind of schedule to do that." Commissioner McGinnis stated, "I would. Good." "I MOVE THAT WE SEND A STAFF THROUGH THE OFFICE OF THE CITY MANAGER TO LEADERSHIP SEMINOLE - NO MORE THAN TWO (2) PER CLASS - SO IT COULD BE ONE (1) - THERE IS A CLASS STARTING IN AUGUST AND FEBRUARY." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE MOTION CARRIED. Commissioner McGinnis next spoke of Blue roof tarps and said, "I would like for us to consider a time limit on somebody's roof that blow off and they can just keep tarp on it - certainly two (2) years." Manager McLemore noted, "We will look at it." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 10, 2006 PAGE 36 OF 40 Next, Commissioner McGinnis mentioned portable carports and said, "We should have some kind of an Ordinance regarding this." Continuing, Commissioner McGinnis remarked next about "The 'CAP' Program - Community Awareness program that I brought to this Commission over a year ago, maybe two (2) years ago, from Longwood." Commissioner McGinnis noted, "I would like to have that go on a fast track." Commissioner McGinnis added, "I would like to ask that we move that along quickly." Commissioner McGinnis then remarked, "I am just ready to make a commitment that we secure a Dog Park in Winter Springs." Commissioner Miller asked Commissioner McGinnis, "So what do you want to do. Leave it where it is? Leave it in Central Winds Park?" Commissioner McGinnis responded, "Yes." Mayor John F. Bush stated, "I have got a meeting with Chairman Henley coming up and I - will just ask him straight out, 'Are you going to do anything or not?' If he says 'No', 1 will let you all know." Commissioner McGinnis added, "That is all 1 want to know - what are they going to do. We have to know so we can move forward." Commissioner Miller said to Mayor Bush, "Ask him when you do, to look at some of the other items we have discussed with them." REPORTS 608. Office Of The Mayor - John F. Bush Mayor Bush noted that at the 4th of July event, "I was not aware of the sequence of events." Mayor Bush added, "I don't know how 1 missed finding out about it, but 1 did - was 1 the only one that didn't know?" Commissioner McGinnis added, "It didn't matter, we couldn't hear anything anyway." Commissioner Krebs added, "I didn't know." Mayor Bush continued, "The Public Address system is not adequate - exiting the Park was an absolute nightmare." Regarding Television Station WMFE, Mayor Bush asked if anyone else had been contacted by him and discussed suggested funding. Commissioner McGinnis stated, "I think the trade-off is worth every penny of it. We will have access to getting some information out on telling our story." Manager McLemore suggested, "I think it should be Agenda'd for the next Meeting." Mayor Bush noted that last week, Manager McLemore and he had met with resident Ron Lichthart on budget issues. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 10, 2006 PAGE 37 OF 40 Next, Mayor Bush congratulated Deputy Mayor Blake on tonight's Meeting. Mayor Bush mentioned that he will be back in town on Monday for the Budget Workshop. REPORTS 604. Commission Seat Two/Deputy Mayor - Michael S. Blake Deputy Mayor Blake stated, "Gator Lane - the house that - you can see from Tuscawilla" and asked about the status. Captain Glenn Tolleson, Police Department spoke on this issue. Deputy Mayor Blake then noted, "It is getting worse." REPORTS 607. Commission Seat Five - Joanne M. Krebs Commissioner Krebs asked Manager McLemore about the funding of the Therapy Pool. Manager McLemore stated, "I don't know if we ever got a final commitment." Furthermore, Manager McLemore remarked, "What the County was going to do was go in and try to take - unspent monies out of this year's Budget and my understanding was, they did that. There was two hundred and seventy thousand dollars ($270,000.00), something like that, which - worked out to be fifty percent (50%) of our request. And it was stated to us, that that's what they were going to do, but they never formalized it. That is something the Mayor can take to Chairman Henley." Manager McLemore then said to Mayor Bush, "When you meet with Chairman Henley, you can ask him why we never got a formal commitment on that funding for the Therapy Pool. They indicated to us that they were going to fund about approximately fifty percent (50%) of our requests, but we never got any formal word on that." Mayor Bush said to City Clerk Lorenzo-Luaces, "If you would, would you put together all the things that I am to ask Chairman Henley - in an email to me." City Clerk Lorenzo- Luaces said, "Yes." .:..:. AGENDA NOTE: THE FOLLOWING ADDITIONAL REPORT WAS HEARD NEXT, AS DOCUMENTED. .:..:. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 10,2006 PAGE 38 OF 40 REPORTS REPORTS 608. Office Of The Mayor - John F. Bush Mayor Bush asked Manager McLemore, "Have you met with the Golf Course Attorney on the water?" Manager McLemore stated, "Not yet. It is two (2) or three (3) days down the road yet." Manager McLemore added, "It is on the calendar, but it hasn't happened yet." .:. .:. AGENDA NOTE: THE FOLLOWING ADDITIONAL REPORT WAS HEARD NEXT, AS DOCUMENTED. .:..:. REPORTS REPORTS 607. Commission Seat Five - Joanne M. Krebs Commissioner Krebs said, "Last Budget Meeting we had talked about - at one time, having a Fall event. Did that go away?" Mr. Pula stated, "We haven't been able to find anything, we would like any type of direction you might have on doing a different type of event?" Commissioner Krebs said, "Have you thought of an Oktoberfest or anything like that? With discussion, Commissioner McGinnis suggested, "Let's just continue with what we know works. What is wrong with having another Symphony? Well that is my recommendation. And we can do it for a lot less than fifty thousand [dollars] ($50,000.00), I think?" Manager McLemore said, "I would also like to Agenda this for the next Meeting." Commissioner McGinnis said, "Okay." Commissioner Krebs added, "That would be great. Let's put it on the Agenda then." .:. .:. AGENDA NOTE: THE FOLLOWING ADDITIONAL REPORT WAS HEARD NEXT, AS DOCUMENTED. .:. .:. REPORTS REPORTS 603. Commission Seat One - Robert S. Miller In further discussing the Therapy Pool, Commissioner Miller stated, "Since we haven't gotten any money from the County yet, is it still moving forward then?" CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 10, 2006 PAGE 39 OF 40 Mr. Pula stated, "Yes, it is still in design. I have seen one (1) set of drawings. We have gotten one (1) group of comments ready to go back. We're actively working on the project despite the County not giving us anything in writing yet on the additional funding. " .:..:. AGENDA NOTE: THE FOLLOWING ADDITIONAL REPORT WAS HEARD NEXT, AS DOCUMENTED. .:..:. REPORTS REPORTS 606. Commission Seat Four - Sally McGinnis Commissioner McGinnis said to Mr. Pula, "I would like to recommend that next year, all balloons be banned from our 4th of July event. Balloons are one of the biggest killers of large fish in the ocean." Furthermore, Commissioner McGinnis mentioned, "There was a lot of confusion over coolers this year." Manager McLemore noted, "We have eased up a bit." Commissioner McGinnis suggested, "We need to say that - we need to say 'ahead of time'." Lastly, Commissioner McGinnis stated, "Also, we need to post the Dog Park closing, at least a week in advance." .:..:. AGENDA NOTE: THE FOLLOWING ADDITIONAL REPORT WAS HEARD NEXT, AS DOCUMENTED. .:..:. REPORTS REPORTS 607. Commission Seat Five - Joanne M. Krebs Commissioner Krebs said, "That band was terrific for the 'Celebration of Freedom' ." Furthermore, Commissioner Krebs added, "I wanted to thank you for that and let you know that I thought that really went well and I received a lot of compliments - even though there was a little glitch with the fireworks. I think that maybe the next time, something like that, that we are more prepared to have somebody get up on stage and say, 'Sorry' ." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 10, 2006 PAGE 40 OF 40 Discussion ensued on the public address system not working. Commissioner Gilmore asked, "Was there an estimate of the crowd?" Discussion ensued with Mr. Pula on the attendees, and the Vendors. .:. .:. AGENDA NOTE: THE FOLLOWING ADDITIONAL REPORT WAS HEARD NEXT, AS DOCUMENTED. .:..:. REPORTS REPORTS 601. Office Of The City Manager - Ronald W. McLemore Manager McLemore advised the City Commission that "We've been working with the Tax Accessor's office to get us separate accounting of the taxes in the Town Center district. We just got information back today - that twenty-five percent (25%) of your total increase in your taxes this year, came from the Town Center." Manager McLemore added, "Your assessed value came from the - Town Center - increased value." Mayor Bush suggested, "You should do a Press Release on that." Commissioner Krebs added, "I agree." Commissioner McGinnis suggested, "Make the Press Releases shorter. " Further brief discussion followed on the GreeneWay Interchange District and the Metro Church. ADJOURNMENT Deputy Mayor Blake adjourned the Regular Meeting at 12:50 a.m. RESPECTFULLY SUBMITTED: ANDREA LORENZO-LUACES, CMC CITY CLERK APPROVED: JOHN F. BUSH MAYOR NOTE: These Minutes were approved at the , 2006 Regular City Commission Meeting. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING JUL Y 24, 2006 CALL TO ORDER The Regular Meeting of Monday, July 24, 2006 of the City Commission was called to order by Mayor John F. Bush at 6:31 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, present The Pledge of Allegiance was followed by a moment of silence. .:..:. AGENDA NOTE: THE FOLLOWING AWARDS AND PRESENTATIONS AGENDA ITEMS WERE DISCUSSED FIRST, AS DOCUMENTED, FOLLOWED BY THE REST OF THE AGENDA. .:. .:. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 100. Office Of The Mayor Presenting The City Commission With Information On Seminole County Driver Education Safety By Robin Butler, Principal Coordinator, Seminole County Traffic Engineering Department. Ms. Robin Butler, Principal Coordinator, Seminole County Traffic Engineering Department, 1101 East First Street, Sanford, Florida: addressed the City Commission and mentioned, "Slide number '19', I am going to pass around an amended slide - for your sheet number' 19'." Ms. Butler continued with her presentation. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 24, 2006 PAGE 2 OF 39 With discussion, Commissioner McGinnis asked Ms. Butler, "Will you track the data for this? Will you be able to track if it has made a difference, if they went through this program?" Ms. Butler responded, "Absolutely." Discussion. Mr. Bob Dallari, County Commissioner, Seminole County Board of County Commissioners, 1101 East First Street, Sanford, Florida: also addressed the City Commission and spoke of partnerships between Seminole County and Seminole County cities. Regarding support for this project, Ms. Butler explained, "We could really use your support with the automobiles and the maintenance for the automobiles. It comes to approximately a hundred thousand dollars ($100,000.00)." Ms. Butler then noted, "We would like the City of Winter Springs and Winter Springs High School to be one of the pilots, so in order to have that, we would need that type of financial support." Chief of Police Daniel J. Kerr stated, "The City Manager and 1 have both talked briefly about the cars that when we go to replace our older vehicles, that there are some that would be able to be used for this project, and - we would be able to donate those vehicles. " City Manager Ronald W. McLemore asked Ms. Butler, "About this hundred thousand [dollars] ($100,000.00) maintenance. Who is coming up with that?" Ms. Butler explained, "It is an estimate based on currently what is spent on the vehicles that they have had to use." Ms. Butler added, "This is an estimate." Mayor Bush said, "I would like to recommend that we ask the Manager and the Police Chief to look into this further in terms of the actual cost, and then come back to the Commission with - recommendation." Discussion. Furthermore, Mayor Bush recommended, "I would like to recommend that we ask the Manager and the Police Chief to look into this further and come back with maybe a more definitive number." Commissioner McGinnis said, "I support that." Manager McLemore suggested, "Why couldn't we think about a county-wide 'MSTU' (Municipal Service Taxing Units) tax rate which would almost be infinitesimal and contract with the Schools to do it for the County." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 24, 2006 PAGE 3 OF 39 AWARDS AND PRESENTATIONS 101. Office Of The City Manager Requesting The City Commission Consider A Request From WMFE For Financial Support. Mr. Steven McKenney Steck, Chief Executive Officer, WMFE, 11510 East Colonial Avenue, Orlando, Florida: spoke of connectivity and capacity. Continuing, Mr. Steck stated, "We are here to ask for the City of Winter Springs to provide a five thousand dollar ($5,000.00) per year capacity Grant for a three (3) year period. " Furthermore, Mr. Steck mentioned, "Additionally, we want to bring an added value to the relationship of our capacity Grant donors through (Television Station) WMFE central Florida alliance network to ask you in association with your role with Seminole Government TV (SGTV) to participate in over the air free and accessible to all, broadcasting on the stations of (Television Station) WMFE, such that on one of our multi-casted channels, the C-SP AN channel. You would have a block of time for your programs or your programs produced in association with SGTV (Seminole Government TV), multiple plays throughout a week, throughout a year, at least once in prime time every week; not requiring your residents to subscribe to cable, you would have a regional presence in this marketplace and we would bring, we think added value to this Grant- making relationship as part of asking you all to be an ally in the central Florida alliance network. So, in closing, we're asking the City of Winter Springs as well as twelve (12) other local government entities in central Florida to provide, though in your case, a capacity Grant of five thousand dollars ($5,000.00) each year for a three (3) year period, beginning in the Spring of next year, though we hope you could approve it in the next sixty (60) days, to allow (Television Station) WMFE to assert your opportunities to have connectivity with your constituents, your constituencies or (Television Station) WMFE's viewers, listeners and members." Commissioner Joanne M. Krebs inquired, "How many times would we have a broadcast?" Mr. Steck replied, "Given the comparative Grant size to others, roughly about fourteen (14) times, I think." Discussion. "I MOVE THAT WE SUPPORT A FIVE THOUSAND DOLLAR ($5,000.00) PER YEAR, CAPACITY GRANT, FOR THREE (3) YEARS." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 24, 2006 PAGE 4 OF 39 DEPUTY MAYOR BLAKE SAID TO CITY ATTORNEY ANTHONY A. GARGANESE, "THE MOTION WAS TO EARMARK AN EXPENDITURE OUT INTO FUTURE YEARS, FUTURE TIME PERIODS. DO WE HAVE TO USE SOME SORT OF SPECIAL LANGUAGE IF WE ARE GOING TO BUDGET AN APPROPRIATION OUT, TWO (2) YEARS OR THREE (3) YEARS." ATTORNEY GARGANESE RESPONDED, "TYPICALLY, IF WE'RE GOING TO DO SOMETHING LIKE THAT, WE OUGHT TO PUT IT IN AN AGREEMENT. I DIDN'T SEE ONE ATTACHED. THE COMMISSION COULD ENTER INTO A CONTRACT TO PROVIDE THESE EXPENDITURES FOR A THREE (3) YEAR TIME PERIOD." ATTORNEY GARGANESE ADDED, "AND PUT THE APPROPRIATE BUDGET LANGUAGE IN THAT CONTRACT. IF WE'RE GOING TO GO OUT FOR A YEAR, I JUST WOULDN'T DO IT ON A MOTION. I MEAN WE WOULD HAVE TO COME BACK." MR. STECK STATED, "SURE, AND WE WOULD ANTICPATE THAT. AND IT WOULD PROBABLY, EVEN THOUGH WE'RE ASKING FOR THREE (3) YEARS, IT PROBABLY WOULD HAVE AN ESCAPE CLAUSE FOR EACH YEAR. WE UNDERSTAND THAT." Tape l/Side B DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: NAY DEPUTY MAYOR BLAKE: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. PUBLIC INPUT Mr. Edward Martinez, Jr., 205 Little Creek Lane, Winter Springs, Florida: suggested the Driver's Education project should be funded by the School Board; spoke of rural Seminole County; and mentioned that resident Mr. Bob Rucci deserves an award for his recent event and his efforts related to a Dog Park for the City. Mr. Mervin Warner, 673 Keuka Court, Winter Springs, Florida: spoke of Agenda Item "400" and recommended that it be pulled for discussion related to traffic issues; asked about the status on the Cell Tower Ordinance; and the flags at the entrance to Tuskawilla. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 24, 2006 PAGE 5 OF 39 Mr. Ron Ligthart, 1036 Winding Waters Circle, Winter Springs, Florida: presented the City with a way to save the City money by providing a step for the men's restroom; along with a sign. Mr. Brian Buholtz, 106 Trace Point, Winter Springs, Florida: inquired about the status of funding for the extension of Orange A venue, and noted that it would provide an alternate access point. Ms. Helga Schwarz, 2200 Shepard Road, Winter Springs, Florida: representing the Highlands Homeowner's Association's, Mayor Bush stated, "She did not want to address the Commission; she is submitting Highland HOA's [Homeowner's Association's] continued objection to Ordinance 2006-05, 2006-06." PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 200. Not Used. PUBLIC HEARINGS 201. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For Second Reading / Adoption Of Ordinance 2006-05, A Small Scale FLUM (Future Land Use Map) Amendment Which Changes The Future Land Use Map Designation Of Two Parcels Totaling 1.17 Acres, Located On Lake Lucerne Circle From (Winter Springs) "Industrial" To (City Of Winter Springs) "Medium Density Residential". Attorney Garganese read Ordinance 2006-05 by "Title" only and stated, "There is a revised Ordinance per the Commission's direction on the last time this was considered. Section 9. Effective Date will include a sentence that reads, 'In addition, even if this Ordinance is found to be in compliance per a final order as provided above, this Ordinance shall only take effect at such time that Ordinance - 2005-29 becomes effective' ." Ms. Eloise Sahlstrom, ASLA, AICP, Senior Planner, Community Development Department spoke on this Agenda Item. Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUL Y 24, 2006 PAGE 6 OF 39 "I WILL MAKE THE MOTION THAT WE APPROVE ITEM '201'." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER GILMORE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: NAY DEPUTY MAYOR BLAKE: AYE MOTION CARRIED. PUBLIC HEARINGS 202. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For Second Reading / Adoption of Ordinance 2006-06, A Small Scale FLUM (Future Land Use Map) Amendment Which Changes The Future Land Use Map Designation Of One Parcel Totaling 1.72 Acres, Located At 1228 Florida Avenue From (Winter Springs) "Industrial" To (City Of Winter Springs) "Medium Density Residential". Attorney Garganese read Ordinance 2006-06 by "Title" only. Ms. Sahstrom brief addressed the City Commission on this Agenda Item. Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. "I WILL MAKE THE MOTION THAT WE APPROVE ITEM '202'." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: NAY DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Attorney Garganese said, "Just for the Record, that will include the Conditional Effective Date I read into the Record for the prior Ordinance." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 24, 2006 PAGE 7 OF 39 PUBLIC HEARINGS 203. Community Development Department Requests That The City Commission Approve The Williams Lot Split, And Authorize Its Recordation. [Resolution 2006-38] Mr. John Baker, AICP, Senior Planner, Community Development Department presented this Agenda Item. Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. Ms. Rachel Christensen, P.E., Christensen & Associates, 412 Mead Drive, Oviedo, Florida: addressed the City Commission on the Stormwater. Discussion ensued on the Settlement Agreement with the Yeager's and access. Dr. Douglas Paul Williams, D. VM, 1491 East State Road 434, Suite 109, Winter Springs, Florida: addressed the City Commission. Further discussion. Attorney Garganese noted, "The Final Engineering has been approved. They're relying on it, they're in the process of construction; and I would advise not changing that at this point." Attorney Garganese added, "This Lot Split should be subject to that Final Engineering because the Final Engineering shows - one (1) access point, one (1) shared access. " "MOTION TO APPROVE - WITH THE STIPULATION THAT THERE BE ONE (1) ACCESS ROAD FOR BOTH LOTS [RESOLUTION 2006-38]." MOTION BY COMMISSIONER McGINNIS. ATTORNEY GARGANESE NOTED, "THAT CONDITION WOULD GO INTO THE LOT SPLIT RESOLUTION - THE AGREEMENT THAT THE COMMISSION IS APPROVING." SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: NAY COMMISSIONER MILLER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 24, 2006 PAGE 8 OF 39 PUBLIC HEARINGS 204. Community Development Department - Planning Division Requests The City Commission Consider The Amendment To Developer's Agreement For Seminole Trail Animal Hospital, Inc., Located At 383 Vistawilla Drive, On Lot 4 (Out-Parcel 2) Of Tuscawilla Tract 15 Parcell-C (Former Kash N' Karry Shopping Center, Now Metro Church). Mr. Baker presented his opening comments related to this Agenda Item. Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. Discussion. Tape 2/Side A With discussion, Deputy Mayor Michael S. Blake said, "The lot was originally intended, when it was subdivided through the Developer's Agreement and the Settlement Agreements, to be a single building and an office type environment." Deputy Mayor Blake added, "Now instead oflooking at one (1) building, we are looking at two (2) buildings. Now, instead of one (1) sign, we are looking at two (2) signs. 1 understand the entrance way has already been done, and that is unfortunate, but the fact of the matter is, we are creating a traffic point here, a traffic point there, and a traffic point here, and now we are going to line it with buildings and signs to cut down on your site distance, and it is a residential area. 1 don't feel comfortable with that." Then Deputy Mayor Blake noted, "I would tend to think that these types of buildings in that location would be best served by building mounted signs of an appropriate type and if there needs to be a tenant, ground mounted sign that one as is already approved should be the maximum, so, 1 can't really support using two (2) signs. Especially, as Commissioner [Robert S. ] Miller said, with one (1) entrance and egress that it makes sense to have just one (1) sign as well." Ms. Rachel Christensen, P.E., Christensen & Associates, 412 Mead Drive, Oviedo, Florida: remarked, "From a marketing perspective and from a Site development perspective and an appropriate placement and function ofthe Site, the two (2) signs make a great deal of difference to a potential user or potential buyer for that property. It is a long piece of frontage and yes, there will be a single driveway and we're committed to that, but the second sign is very important to us. The original Approval did allow for only one (1) sign. We recognize that we need Commission approval for this. The original sign was actually a Waiver from the City Code Criteria to allow a taller sign. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JULY 24, 2006 PAGE 9 OF 39 We're willing to put in two (2) signs to meet City Code foregoing the additional height that was allowed by the Developer Agreement; if we can in fact, get approval for two (2) signs. We think that the signs are tasteful. They will be appropriately located to provide suitable site distances. We have analyzed the driveway location, and the landscaping and the sign location with regard to appropriate site distances in terms of the speed of the road and the curvature of the road and we certainly understand those issues and they're very important. We would like consideration." Commissioner Sally McGinnis asked, "What was the height of the sign - the Waiver, the tall sign you referred to?" Mr. Baker said, "The Development Agreement allowed them to go to eight feet nine inches (8' 9") tall in instead of the eight feet (8') required by Code." Discussion. Commissioner Miller said, "Something to think about, if it is going to be one (1), eight foot (8') sign; how about if they are just two (2), four foot (4')?" Commissioner McGinnis said, "I like that." Commissioner Miller said, "It is not nearly intrusive as an eight foot (8') sign to start with." Dr. Williams stated, "One problem when talking about putting signs on the building, the row of trees that they have precludes that, you can't see anything - and the second building - the landscaping already has a large row of trees, it's already lining Vistawilla [Drive] and you can't see the building hardly. You won't be able to see whenever the second building is built. You can't see it because of the amount of landscaping that separates it, so a sign on the building wouldn't work. And really even on my place, 1 mean there is really no particular location that a sign would be suitable for the aesthetics that we've done for it. The cultured stone that we're putting on the east face of it, the area that you see from the street, we don't have a location where you can put building mounted signs, that has any kind of visibility from the street, so that's the problem that we have run into." Discussion. "I WOULD LIKE TO MAKE A MOTION THAT WE DIRECT THE CITY MANAGER TO ENTER INTO A DEVELOPER'S AGREEMENT THAT ALLOWS FOR TWO (2) SIGN LOCATIONS NOT TO EXCEED - FOUR FEET (4') HIGH, SIX FEET (6') WIDE TO BE LOCATED ON EACH SIDE ADJACENT TO THE SINGLE ENTRANCE WAY IN SUCH A MANNER SO AS TO NOT OBSTRUCT VISION OR ENTRANCE/EGRESS PURSUANT TO THE NORMAL CITY GUIDELINES ON THE SITE TRIANGLE." MOTION BY DEPUTY MAYOR BLAKE. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER McGINNIS." DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 24, 2006 PAGE 10 OF 39 DEPUTY MAYOR BLAKE SAID, "THAT MOTION ALSO INCLUDED THAT THAT WAS ALL OF THE SIGNAGE - NO BUILDING SIGNAGE OTHER THAN A SMALL DOOR ENTRANCE PLAQUE SIGNAGE THAT COULD BE ON THE BUILDING OR ON A GLASS DOOR OR SOMETHING LIKE THAT. IN OTHER WORDS, SOMETHING THAT IDENTIFIES THE DOOR AS TO WHAT IT IS." VOTE: COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. PUBLIC HEARINGS 205. Community Development Department Requests That The City Commission Approve The Bledsoe Lot Split, And Authorize Its Recordation. Mr. Baker introduced this Agenda Item and said, "We as Staff, do recommend Approval of this." Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. Mr. Richard Taylor, Esquire, 531 Dog Track Road, Longwood, Florida: representing the Bledsoe's and commented, "First of all, I want to thank the Staff and compliment your Staff. I met with many of them initially and then worked with Mr. Baker who has been very professional, very helpful." Mr. Taylor further spoke on this Agenda Item. Commissioner Donald A. Gilmore said to Mr. Taylor, "On this Plot Plan right here, will you draw a line where the lot divide occurs - that drawing right there is what I want to see it on." Commissioner Gilmore then said, "May I suggest, that you take attachment 'B' and transpose that to attachment 'A', John [Baker]? In fact can you take your drawing and lay it on the table and draw a line - there it is, right there. Okay, that is what I want to see. However, I want to see it in relationship to the surrounding area, this map right here." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 24, 2006 PAGE II OF 39 With discussion, Commissioner Gilmore said, "Does that meet the compatibility requirements?" Mr. Taylor said, "I think that it does." Further discussion. Attorney Garganese said, "Generally, the Commission had a rule that once a property has been divided it could no longer be subdivided a second time, and the Commission after numerous Workshops and Public Hearings, relaxed that requirement or that prohibition. They relaxed it by adopting the changes to Chapter 9 that would permit lot splits under limited circumstances if, and only if the Applicant could demonstrate Compliance with the Criteria that the Commission approved. And one of the Criteria is the Application must be compatible and in harmony with the surrounding neighborhood including with respect to the size of existing surrounding lots and development trends in the neighborhood, which have been previously approved by the Commission." Attorney Garganese then said, "And 1 just want to clarify one point for the Record - one of the Commissioners said that other lot splits have been approved in the past by the City; 1 think that should be qualified for the Record. There have not been many lot splits approved subsequent to the adoption of this new Criteria that is on page 2." Discussion. Next, Attorney Garganese said, "Where would the access point be for - proposed lOA - 1 just want to clarify that for the Record. It looks to me like access would be - the only access point available for lOA if this was approved, would be Hayes Road." Mr. Baker said, "The - new lot would be Hayes Road. Yes, Sir." Attorney Garganese asked, "Are there any other lots with access to Hayes Road in this particular area?" Mr. Baker responded, "It looks like the lot immediately north of the Bledsoe's has a driveway onto Hayes [Road] - south of East Panama [Road], yes." Attorney Garganese said, "Okay, 1 just wanted to clarify that fact." "I MAKE A MOTION THAT WE DISAPPROVE THE REQUEST FOR THE LOT SPLIT - DENIED FOR LOT SPLIT ITEM '205'." MOTION BY COMMISSIONER MILLER. SECONDED BY DEPUTY MAYOR BLAKE. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER McGINNIS: NAY COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. Attorney Garganese said, "Mr. Taylor, I'm going to need to preserve these documents for evidentuary purposes and preservation of the Record." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 24,2006 PAGE 12 OF 39 Mayor Bush called a Recess at 8:45 p.m. Mayor Bush called the Meeting back to Order at 9:01 p.m. Next, Mayor Bush acknowledged former Mayor Paul Partyka, who was in attendance. REGULAR AGENDA REGULAR 300. Not Used. .:..:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS DISCUSSED IN THE ORDER AS DOCUMENTED, FOLLOWED BY THE REST OF THE AGENDA. .:. .:. REGULAR AGENDA REGULAR 303. Office Of The City Manager Requesting That The City Commission Approve Resolution No. 2006-37, Computing The Proposed Millage Rate (Cap) For Fiscal Year 2006-2007 At 4.7500 Mills Or Some Other Rate The City Commission Deems More Appropriate, Establishing The Rolled-Back Rate, And Setting The Date, Time And Place Of A Public Hearing To Consider The Proposed Millage Rate And Tentative Budget For Fiscal Year 2006-2007. Ms. Michelle Greco, Director, Finance Department presented this Agenda Item. Tape 2/Side B Discussion. Commissioner Miller stated, "For the purposes of something that I think is really, critical regarding Legacy Park and its impact on certain areas of the City, I feel that 'Traffic Calming' is a critical item that needs to be addressed in this forthcoming Fiscal Year. The estimate seems to be at one hundred, ninety thousand dollars ($190,000.00) which would be about 1/l0th of a Mil, about one hundred, ninety-five thousand dollars ($195,000.00), so I would like to add in that to the existing number, which we are all talking about which is - 4.7500 and if we added in 1/IOth of a Mil it would come to 4.8500 and that would keep in the discussion the item which I think is very important- 'Traffic Calming' is the result of Legacy Park coming in." Commission Miller then said, "If we are going to set it at anything, that we set it at 4.8500 instead of 4.7500 and that 1/IOth of a Mil would be an item that I want to make sure doesn't get dropped off because we didn't set the Mil rate high enough." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 24, 2006 PAGE 13 OF 39 Discussion. Commissioner Gilmore suggested, "If we put in the Department request, plus the Manager's that would be 4.448 and if we went with last year's rate of 4.750, this would leave .302 for the Commissions' 'Wish list'." With further discussion on the revised documentation, Commissioner Gilmore noted, "The bottom line is we could keep last year's Millage Rate and still have .302 for the 'Wish list' items." Furthermore, Commissioner Gilmore remarked, "I was a little concerned about seeing the Bear Creek Boardwalk in this Budget, because - you know that is a safety issue. That thing should have been done a long time ago." Ms. Greco said, "Commissioner Miller was talking about Traffic Calming. I just wanted to bring up that there currently is one hundred thousand dollars ($100,000.00) in the Road Improvement Fund for Traffic Calming." Commissioner McGinnis referenced the City Commission's 'Wish list'and said, "I don't know how some things got taken out and some things are here - WiFi isn't here and that was always the number one (1) 'Wish list'." Manager McLemore said, "WiFi will be something that we will develop once we understand what it is we want to do. The only thing we want to make sure we funded was the Study - I think we did that in this year's Budget, or we will do it in this year's Budget anyhow." Discussion. Commissioner Krebs said, "I also want to be sure that - we have the room we need for 'Compression'..." Manager McLemore said, "...At 4.75 you have room to deal with all those issues." Commissioner Krebs said, "I just want to make sure we take care of 'Compression' and if that doesn't handle it, then I guess we could always go back through the Budget and slash that too." Further discussion. Mayor Bush said, "The Commission also is putting the 'Compression' issue at the top of the list..." Commissioner McGinnis said, "... Yes.. . " Commissioner Krebs also stated, "...Yes." Mayor Bush continued, "...To take care of that and of course, that is data we don't have yet. We have the one percent (1%) and the Manager's Budget, but the Commission asked for I believe for two (2) [percent] - I think we should look at 2, 2.5, and 3. . ." Commissioner McGinnis said, "... I would like to look at it." Discussion followed on the wording in the Trim (Truth in Millage) Notice. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 24, 2006 PAGE 14 OF 39 "MOTION TO TABLE." SECONDED. DISCUSSION. MOTION BY DEPUTY MAYOR BLAKE. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. .:. .:. AGENDA NOTE: THE FOLLOWING INFORMATIONAL AGENDA ITEM WAS DISCUSSED NEXT AS DOCUMENTED, FOLLOWED BY THE REST OF THE AGENDA. .:. .:. INFORMATIONAL INFORMATIONAL 507. Community Development Department - Urban Beautification Services Division ADD-ON Updating The City Commission On The Status Of Warranty Replacement Of The Diseased Magnolia Trees And Plant Material Located In The SR (State Road) 434 Village Walk Plaza Area. Mr. Randy Stevenson, AS LA, Director, Community Development Department presented this Agenda Item for discussion. Commissioner Miller said, "The only thing you haven't mentioned is timing on this." Mr. Stevenson said, "Commissioner Miller, I will have to get back with you. I don't know the exact timing, but I know they met today. They were supposed to meet last week. They did get out there and met on the site today. We can certainly monitor that and bring back information to you." With discussion, Commissioner Miller suggested, "If we can get the money from them, let's just go ahead and put them in ourselves, in the next month, because the next thing that is going to happen is people are going to tell me 'Well, now is not the right time to plant them, because you really only plant them in the Spring'." Mr. Stevenson stated, "We can monitor the progress and I'll get you an update on the timing." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 24, 2006 PAGE IS OF 39 Mayor Bush said, "We agree it's a problem and I think Randy [Stevenson] needs to contact the County Commission so we get a date on this and if it isn't a reasonable date; matter of fact - send an email to the Commissioners, 'This is what they are saying' and if that date does not seem reasonable then I think we need to talk to the County Commissioners." Mr. Stevenson said, "As soon as I get a date, I will try to get one for you tomorrow or the next day, I will email that out." Mayor Bush added, "Okay - stay on top ofthis because it really looks bad." Mr. Stevenson stated, "Okay." Deputy Mayor Blake said, "If the City takes over the project, then we are responsible for the Warranty on it. Correct?" Mr. Stevenson noted, "That's correct." Deputy Mayor Blake said, "I don't think we should do that. I think we should hold their feet to the fire and get it done, but I don't want to pick up the responsibility of replacing it, the next time." Mayor Bush said, "I think we would all agree with that. But, I also would agree with Commissioner Miller that this needs to be done." .:..:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS DISCUSSED NEXT AS DOCUMENTED. .:. .:. REGULAR AGENDA REGULAR 302. Office Of The City Attorney Requests The City Commission Consider And Approve Resolution 2006-36 Determining The Necessity And Public Purpose For The Hayes Road Intersection Improvement Project And Determining The Necessity And Public Purpose For Acquiring, By Eminent Domain, Fee Simple Ownership Of Designated Parcels Of Real Property In Winter Springs, Florida. Further This Resolution Authorizes The City Attorney's Office To Initiate Eminent Domain Proceedings To Acquire Designated Parcels, And Providing For An Immediate Effective Date. Attorney Garganese said, "This item is coming back to you after a City Commission directive some time ago - this Resolution would authorize the initiation of Eminent Domain proceedings to take property that is depicted on the Survey attached to the Resolution, for purposes of constructing a right turn-lane on State Road 434 at the Hayes Road intersection, heading eastbound. To date, they have not been successful to negotiate the purchase of this. Initiating the Eminent Domain proceedings would authorize my office to work with Staff to present a more formal offer to the Property Owner, and if necessary, file the appropriate Petition in Court to quick take this property, so the right turn-lane can be constructed." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 24, 2006 PAGE 16 OF 39 "MOTION TO APPROVE COMMISSION McGINNIS. DISCUSSION. RESOLUTION 2006-36." MOTION BY SECONDED BY COMMISSIONER MILLER. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE MOTION CARRIED. .:. .:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS AGAIN DISCUSSED AS DOCUMENTED, FOLLOWED BY THE REST OF THE AGENDA. .:. .:. REGULAR AGENDA REGULAR 303. Office Of The City Manager Requesting That The City Commission Approve Resolution No. 2006-37, Computing The Proposed Millage Rate (Cap) For Fiscal Year 2006-2007 At 4.7500 Mills Or Some Other Rate The City Commission Deems More Appropriate, Establishing The Rolled-Back Rate, And Setting The Date, Time And Place Of A Public Hearing To Consider The Proposed Millage Rate And Tentative Budget For Fiscal Year 2006-2007. "MOTION TO REMOVE FROM TABLE." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BLAKE: AYE MOTION CARRIED. Ms. Greco said, "Attachment 'D' in your packet shows - an example TRIM (Truth in Millage) Notice and as you can see it separates the operating Millage from the Voted Debt Service." Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 24, 2006 PAGE 170F39 "I MAKE A MOTION THAT WE SET THE OPERATING MILLAGE RATE CAP TENTATIVELY AT 4.2919 MILS AND THE VOTED DEBT MILLAGE RATE AT .1100 MILS FOR A TOTAL MILLAGE OF 4.4019 WHICH REPRESENTS A MILLAGE RATE OF - 9.5 PERCENT ABOVE THE ROLLED BACK RATE OF 3.9195." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. DEPUTY MAYOR BLAKE ADDED, "FOR CLARIFICATION PURPOSES, THE MOTION WAS TO SET THE TENTATIVE OPERATING MILLAGE RATE AT 4.2919 MILS - AND THE VOTED DEBT TENTATIVE MILLAGE RATE AT .1100 MILS FOR A TOTAL MILLAGE RATE TENTATIVELY OF 4.4019 MILS WHICH REPRESENTS A 9.5 PERCENT INCREASE OVER THE ROLLED BACK RATE OF 3.9195 OPERATING MILS." MOTION BY DEPUTY MAYOR BLAKE. MANAGER McLEMORE SAID, "YOU CAN DEFINITELY DEAL WITH THE 'COMPRESSION' AND THESE OTHER ISSUES. IT MAY PUT YOU IN A POSITION TO HAVING TO CUT SOME THINGS THAT ARE ALREADY THERE IN THE MANAGER'S RECOMMENDATION, AND IT MAY NOT." VOTE: DEPUTY MAYOR BLAKE: AYE COMMISSIONER GILMORE: NAY COMMISSIONER MILLER: NAY COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. "I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE RESOLUTION 2006-37 - WITH THE REVISED MILLAGE AS STATED IN THE PREVIOUS MOTION." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Ms. Greco stated, "Did we want to discuss any future Workshop dates?" Mayor Bush remarked, "We can do that under our Seats." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 24, 2006 PAGE 18 OF 39 REGULAR 301. Community Development Department Requests The City Commission Consider The Final Engineering Plans And Development Agreement For The Villa Grande Condominium Development. Villa Grande Is Comprised Of 152 Condominium Units And Associated Infrastructure On 4.78 Acres In The Town Center On The North Side OfSR (State Road) 434, Just East Of The City Hall Building. Mr. Stevenson presented this Agenda Item. Tape 3/Side A Discussion ensued with Staff. Commissioner Gilmore said, "Where are the roadway entrances for vehicles?" Mr. Stevenson responded, "The vehicles are limited to this entrance right here off what will be Edge Drive and this is the main entrance to the parcel right here." Commissioner Gilmore said, "With that high density that is in there, is that adequate for one (1) entrance?" Mr. Stevenson said, "I have seen high density on other apartment complexes primarily that have similar entrances." Commissioner Gilmore asked, "This right here, is that for emergency vehicles?" Mr. Stevenson said, "That is a secondary emergency egress. " Further discussion. Continuing, Commissioner Gilmore said, "When this came before us, we saw such a beautiful rendition, it looked like a French street - where all the trees were in bloom and everything else. Is it going to look that way at the end of the project?" Mr. Stevenson said, "We have the Landscape Plan and it calls for those types of plant material." Commissioner Gilmore said, "But not many of them." Mr. Chad Oakley, LaCesse Development Corporation, 650 South Northlake Boulevard, Suite 450, Altamonte Springs, Florida: stated, "Yes, to answer your question - we will have it heavily landscaped and it will look as nice, if not nicer than what we originally proposed. " Commissioner Gilmore asked, "With all the flowering trees?" Mr. Oakley said, "Yes. With palms and trees and we've worked with Staff in working on the overall - of the buildings and the landscape plantings - you can see on your Plans, and the Landscape Plans as well." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 24, 2006 PAGE 19 OF 39 Furthermore, Commissioner Gilmore said, "What are the flowering trees that will be in there? What are they?" Mr. Oakley noted, "I wish I had my Landscape Architect with me to answer all ofthose specifics as specimens go." With further discussion, Commissioner Gilmore said, "I don't see many flowering trees to depict what I saw in those pretty artistic renditions when this project was sold." Mr. Oakley said, "The landscape itself is actually going to be comparable, if not better than what we originally posed." Commissioner Gilmore then inquired, "Is it going to be colorful?" Mr. Oakley said, "Yes. It will be colorful." Mr. Oakley then said, "When we do our Aesthetic Review, you are going to see all of the pictures, everything drawn to scale on the Aesthetic Review as far as the plantings go, as the perimeter of the project, as far as our streetscapes elevations. You are going to see that. Everything will be done to scale." Commissioner Gilmore said, "When we do our Aesthetic Review?" Mr. Oakley said, "That's correct." Commissioner Gilmore then remarked, "Then don't come back and say 'Well, that was covered under the Engineering Review'. Because I am afraid that is what is going to happen." Commissioner McGinnis said, "My main concern in the beginning was the look of a gated community. You have taken care of that - You talk about building in two (2) phases, this would be a two (2) phase project." Commissioner McGinnis then commented, "You are not going to build it all at once, right, or are you?" Mr. Oakley said, "We would like to. Sales permitting, we would like to do it all at once." Commissioner McGinnis said, "What is your timeframe?" Mr. Oakley said, "As soon as we get through Aesthetic Review, we'll roll through the plans and try to get through the Building Department and - we actually just leased one (1) of the office spaces next door to open up our sales and then really start going for it." Discussion. Commissioner Gilmore then inquired, "The one thing that really surprised me is why are we putting Slash Pine in there? And Cabbage Palms?" Mr. Stevenson said, "I will double check that for you Commissioner." "MOTION TO APPROVE." MOTION BY COMMISSIONER McGINNIS. SECONDED BY DEPUTY MAYOR BLAKE. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 24, 2006 PAGE 20 OF 39 VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. REGULAR 304. Community Development Department Requests The City Commission Review The Attached Implementation Language For A Citizen Awareness And Participation Plan (CAPP) And Provide Comments Or Recommended Revisions And Also Provide Direction To Staff For Implementation Of The CAPP (Citizen Awareness And Participation Plan) Program, Including Incorporation Of The Proposed Language Into The City's Code Of Ordinances. Mr. Stevenson briefly began the introduction related to this Agenda Item. .:..:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEMS WERE DISCUSSED NEXT, IN THE ORDER DOCUMENTED. .:..:. REGULAR AGENDA REGULAR 306. Office Of Commissioner Sally McGinnis Requests That The Applicant Of The West End Professional Offices Reconsider Adding Something Architecturally To The Front Plaza Area. Commissioner McGinnis remarked, "Following our approval for the West End Professional Center, 1 did think about talking to the Applicant again and asking them to please reconsider in adding an architectural enhancement in the form of perhaps sculpture. 1 did talk to Paul Partyka about this. 1 just think it is an opportunity. All 1 am asking is if they would consider it. 1 think it is an opportunity to have this building create an identity - like no other in the City. We do not have any sculpture in the City." Continuing, Commissioner McGinnis suggested, "I think in our community we could probably find somebody who is willing - a beginning Sculptor, or an Artist - they are not going to donate all the materials, but they might donate their talent. 1 would like for you to look at it again." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 24, 2006 PAGE 21 OF 39 Mr. Carl Napolitano, Allen, Dyer, Doppelt, Milbrath & Gilchrist, P.A., 255 South Orange Avenue, Suite 1401, Orlando, Florida: noted that he is one (1) of seven (7) of the partners and stated, "It is estimated that a suitable budget for the purchase and installation of an appropriate sculpture in keeping with the tastes and style of a Class A professional office building will be about fifty thousand dollars ($50,000.00). The owner asks the City to contribute fifty percent (50%) to the sculpture project with such a contribution by the City, not to exceed twenty-five thousand dollars ($25,000.00). Keeping in mind that varied tastes of individuals, especially with regard to art - it is intended that the owners select the work of art in the form of a sculpture and have it installed, or at least ordered by a date coinciding with the Certificate of Occupancy. The Commissioners will have the right to timely approve the selected sculpture with approval not being unreasonably withheld." With further discussion, Commissioner McGinnis suggested, "Before we commit ourselves to a real dollar figure, I would like to see some effort made to talk to our art schools." Discussion. Discussion. Commissioner Miller said, "So, there is not going to be a fountain? There is not going to be any art work? You asked the City to go in half with you right now." Mr. Napolitano said, "That's on this proposal." Commissioner McGinnis said, "I appreciate you coming tonight and gIVIng it consideration." Mr. Napolitano said, "If you know of Artists that are interested, I'd be more than happy to talk to them." Commissioner McGinnis said, "I will look into it. I would be happy to do that." Mayor Bush said, "No further action on this Item?" Commissioner McGinnis said, "No." REGULAR 305. Office Of Commissioner Joanne M. Krebs Requesting The City Commission Authorize The City Attorney To Write An Ordinance To Protect Gopher Tortoises In The City Of Winter Springs, And To Encourage Other Municipalities To Do The Same. Commissioner Krebs first presented this Agenda Item and stated, "Attached to your item, you will find a news article that was circulated - about the Gopher Tortoises that are now on the list - that are threatened with extinction." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 24, 2006 PAGE 22 OF 39 Brief discussion followed about to an Ordinance from the City of Minneola, Florida. There were technical difficulties on the remaining portion of this side of this audiotape. Tape 3/Side B Mayor Bush stated, "The Manager is recommending the Consultant - either in person or on the phone." Commissioner Krebs noted, "lfwe are going to have a Consultant, then 1 would suggest doing the least - costfactor, if that is what everybody agrees to." Deputy Mayor Blake said, "1 am certain there is information that Staff can compile for us and bring back and then we can decide after reviewing that information, what our next step should be." With further discussion, Deputy Mayor Blake remarked, "Bring us back your recommendation based on information that you are able to ascertain - whatever it takes. " Commissioner McGinnis remarked, "A phone call to the Attorney - 1 would like to empower the City Manager to make that phone call. Find out what we can do, what we can't do." Commissioner McGinnis noted, "That is my recommendation - 1 support that. " Mayor Bush said, "So the recommendation is that the Manager will - contact this person, make it an available time and 1 think Commissioner Krebs needs to be available for that." Commissioner Krebs said, "1 said 1 would be there." Regarding the time, Mayor Bush said, "The Manager needs to coordinate that with you." Commissioner Krebs said, "That is fine. " Continuing, Mayor Bush remarked, "Do we have a Consensus on that?" Commissioner McGinnis said, "Yes." Mayor Bush said, "Commissioner Miller?" Commissioner Miller nodded in agreement. There were no objections noted. .:..:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEMS WAS AGAIN DISCUSSED, AS NOTED. .:..:. REGULAR AGENDA CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 24, 2006 PAGE 23 OF 39 REGULAR 304. Community Development Department Requests The City Commission Review The Attached Implementation Language For A Citizen Awareness And Participation Plan (CAPP) And Provide Comments Or Recommended Revisions And Also Provide Direction To Staff For Implementation Of The CAPP (Citizen Awareness And Participation Plan) Program, Including Incorporation Of The Proposed Language Into The City's Code Of Ordinances. Mr. Stevenson introduced this Agenda Item and stated, "Staff recommends that you approve the proposed implementation language or any revisions that you might like to see - to this said language and direct Staff to incorporate this language into the City's Code of Ordinances and in addition, we would ask that you give us some feedback and information on the draft language that is contained in what we are calling the CAPP (Citizen Awareness and Participation Plan) Handbook." Commissioner McGinnis said, "This carne about because I saw this program in Longwood and brought it to the Commission. Somewhere in this, I think we should give credit to Longwood." Mr. Stevenson stated, "Absolutely." Commissioner McGinnis said, "One thing I did not notice, when we talk about the 'Applicant must hold community meetings' - they have to call a meeting, but we don't say that it should be as close to the proposed project as possible." Mr. Stevenson commented, "So you'd like language that the meeting would be scheduled in a location as close to the project as possible?" Commissioner McGinnis said, "Yes." Commissioner McGinnis noted, "There are some typos that I will talk to you privately about." Mr. Stevenson said, "Found some of them." Then, Commissioner McGinnis noted where it says, "It is important that all meeting notices get to people early enough so they can make plans to attend your meeting - and it says, Notices to meetings should reach invitees ten (10) to fourteen (14) days before the meeting, I would suggest we would say, 'Notices of meetings must reach invitees ten (10) to fourteen (14) days'. I think not 'Should', 'Must' - or 'Shall'." Mr. Stevenson said, "We can make the language imperative." Furthermore, Commissioner McGinnis then said, "In the very beginning under 'Attachment A', it is the second page, its - 6. c. It says, 'Other interested parties who have requested to be placed on an interested party's notification list maintained by the Community Development Department.' Well, how would people know about that?" Mr. Stevenson resplied, "What we already have in place is - this primarily speaks to Homeowner's Associations who want to be notified of anything happening in their area. We have a number of those who already maintain a database." Commissioner McGinnis pointed out, "That is mentioned in b. Then, c. says 'Other interested parties who have requested' . .." Mr. Stevenson remarked, "... These would be outside of what we would consider the public notification area." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 24, 2006 PAGE 24 OF 39 Commissioner McGinnis asked, "How do people even know about getting on that list?" Mr. Stevenson said, "I would have to check on this, Commissioner. And if not, we can certainly put it on our Website." Commissioner McGinnis said, "Okay." Discussion. Commissioner Gilmore said, "I question whether a 150 feet (150') or even 500 feet (500') is adequate." Commissioner Gilmore added, "You need 1,015 feet." Mr. Stevenson said, "We certainly have the ability again, we had said 150 to 500 feet (150-500') and we have the ability to modify those requirements." Further discussion. Deputy Mayor Blake suggested, "We have a Website, we have a Newsletter. If we send out in our quarterly Newsletter, a page that maybe is just a link that goes to the Website, with this information that we get in our Consent Agenda every Meeting that shows the current status of new projects coming to Winter Springs, frankly if people hear about it, early on in the process, then they can make their calls; then they can call their Elected Official, then they can get the real story behind what is really happening. They can be informed, and they can get involved in the process that already exists for public input." Discussion. "I WOULD LIKE TO MAKE A MOTION THAT WE DIRECT THE CITY MANAGER TO PROVIDE FOR LARGE-SCALE DEVELOPMENT REQUEST NOTIFICATION ON THE WEB SITE AND THROUGH THE QUARTERLY NEWSLETTER AND THAT WE NOT FORM A CITIZEN AWARENESS AND PARTICIPATION PLAN (CAPP)." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. COMMISSIONER MILLER SAID, "I WOULD JUST LIKE TO MAKE SURE THAT STAFF BRINGS IT TO OUR ATTENTION IMMEDIATELY WHEN THEY BECOME AWARE OF IT, OF ANY OF THESE ISSUES." MR. STEVENSON NOTED, "THERE REALLY IS NO 'BOARD' ASSOCIATED WITH THIS. THIS IS A PROCESS." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 24, 2006 PAGE 25 OF 39 VOTE: COMMISSIONER GILMORE: NAY COMMISSIONER McGINNIS: NAY COMMISSIONER KREBS: NAY COMMISSIONER MILLER: AYE DEPUTY MAYOR BLAKE: NAY MOTION DID NOT CARRY. "I WOULD LIKE TO MOVE THAT WE ADOPT THE CAPP (CITIZEN AWARENESS AND PARTICIPATION PLAN) PROGRAM WITH - EACH PROJECT PROPOSED TO COME BEFORE THE COMMISSION - IF THE DEPARTMENT OF COMMUNITY DEVELOPMENT DEEMS THAT THIS IS SOMETHING THAT IS APPROPRIATE FOR THIS PROGRAM. THIS WOULD BE ON A CASE BY CASE BASIS." MOTION BY COMMISSIONER McGINNIS. MANAGER McLEMORE SAID, "WE WILL WORK IT OUT. WE WILL BRING BACK SOME LANGUAGE ON THAT." COMMISSIONER McGINNIS SAID, "BRING THAT BACK AS ANOTHER AGENDA [ITEM]." SECONDED BY COMMISSIONER MILLER. DISCUSSION. Tape 4/Side A VOTE: COMMISSIONER McGINNIS: NAY COMMISSIONER KREBS: NAY DEPUTY MAYOR BLAKE: NAY COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: NAY MOTION DID NOT CARRY. "MOTION TO EXTEND." SECONDED. DISCUSSION. MOTION BY COMMISSIONER KREBS. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BLAKE: NAY COMMISSIONER KREBS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 24, 2006 PAGE 26 OF 39 "I WOULD LIKE TO MAKE A MOTION THAT WE HAVE THE CITY MANAGER BRING US BACK SOME WORDING ON HOW THIS SHOULD BE IMPLEMENTED." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BLAKE: NAY COMMISSIONER GILMORE: AYE MOTION CARRIED. REGULAR 307. Not Used. REGULAR 308. Public Works Department Providing The City Commission Information Regarding Transportation Strategies Proposed To Monitor And Mitigate Traffic Impacts From The Legacy Park Mixed- Use Project In Casselberry [Resolution 2006-42]. Mr. Brian Fields, P.E., City Engineer, Public Works Department spoke on this Agenda Item Discussion. "MOTION THAT WE ADOPT THE THREE (3) RECOMMENDATIONS AND SEND THE RESOLUTION [2006-42] OVER TO CASSELBERRY AND LOOK INTO THE OTHER TWO (2) ITEMS THAT - THE CONSULTANT MENTIONED." MOTION BY COMMISSIONER MILLER. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER GILMORE." DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 24, 2006 PAGE 27 OF 39 REGULAR 309. Not Used. REGULAR 310. Not Used. REGULAR 311. Office Of The City Clerk Respectfully Requests That Commissioner Joanne M. Krebs Make An Appointment To The Planning And Zoning BoardlLocal Planning Agency To Fill A Current Vacancy. "I HA VE AN APPOINTMENT FOR PLANNING AND ZONING - I WOULD LIKE TO RECOMMEND DENISE RYSER FOR THE POSITION ON THIS BOARD. I REALIZ SHE - WAS JUST APPOINTED TO ANOTHER - BUT UNFORTUNAETLY - NED VOSKA CAN NO LONGER BE ON THE [PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY] BOARD." FURTHERMORE, COMMISSIONER KREBS ADDED THAT MR. VOSKA HAD RECENTL Y RESIGNED. MOTION BY COMMISSIONER KREBS. MAYOR BUSH NOTED, "MOTION IS TO APPOINT DENISE RYSER TO THE P AND Z (PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY)." Deputy Mayor Blake Stated, "Point Of Order". COMMISSIONER KREBS THEN NOTED, "SHE [DENISE RYSER] HASN'T BEEN SWORN IN.'' SECONDED BY DEPUTY MAYOR BLAKE. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 24, 2006 PAGE 28 OF 39 REGULAR 312. Community Development Department ADD-ON Requests That The City Commission Consider The New Owner's (Mr. M. Z. Salarbux) Request To Renew/Extend The Final Engineering/Site Plan And Development Agreement For The Venetian Village A.K.A. (As Known As) Village Market Place Expansion. Mr. Baker introduced this Agenda Item. Mayor Bush passed the gavel to Deputy Mayor Blake. Mayor Bush left the dais at 11:35 p.m. "MOTION TO APPROVE ITEM '312'." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. .:. .:. AGENDA NOTE: THE FOLLOWING CONSENT AGENDA ITEMS WERE NOT NECESSARILY DISCUSSED IN THE ORDER DOCUMENTED. .:. .:. CONSENT AGENDA CONSENT 400. Parks and Recreation Department Requesting The City Commission To Authorize The City Manager And City Attorney To Execute The Florida Department Of Environmental Protection, Florida Recreation Development Assistance Program Project Grant Agreement For Trotwood Park. Brief discussion ensued with Mr. Pula. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 24, 2006 PAGE 29 OF 39 CONSENT 401. Office Of The City Manager Requesting That The City Commission Confirm The Consensus Of The City Commission (As Discussed At The July 17, 2006 Workshop) Regarding The Designation Of Mayor John F. Bush As Our "Voting Delegate", To Represent The City Of Winter Springs At The Upcoming Florida League Of Cities Annual Conference. No discussion. CONSENT 402. Public Works Department Request Approval To Purchase Brick Pavers For The Blumberg Boulevardffown Center Trail From Pavers Systems. There was no discussion on this Agenda Item. CONSENT 403. Public Works Department Requests City Commission Authorization To Enter Into An Interlocal Agreement With Seminole County Providing The Funding For Design And Construction Of Sidewalks On Dyson Drive, Northern Way, And Shetland Avenue. This Agenda Item was not discussed. CONSENT 404. Public Works Department Requests City Commission Authorization To Enter Into An Interlocal Agreement With Seminole County Providing For Traffic Signal Maintenance. No discussion. CONSENT 405. Finance Department Requesting Authorization From The City Commission To Extend The City's Current Contract With Severn Trent Environmental Services, Inc. To Read City Water Meters For The Contract Period August 1,2006 To July 31, 2007, Year 3 Of A Possible 4 Year Contract. There was no discussion on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 24,2006 PAGE 30 OF 39 CONSENT 406. Office Of The City Clerk Requesting Approval Of The July 10, 2006 Regular City Commission Meeting Minutes. This Agenda Item was not discussed. "MOTION TO APPROVE" CONSENT AGENDA. MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER MILLER. DISCUSSION. Mayor Bush returned to the dais at 11:38 p.m. and the gavel was returned to him. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE MOTION CARRIED. INFORMA TIONAL AGENDA INFORMATIONAL 500. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. No discussion. INFORMATIONAL 501. Office Of The City Manager Responding To The City Commission Directive Regarding Staff Participation In Leadership Seminole. There was no discussion on this Agenda Item. INFORMATIONAL 502. Community Development Department Advising The City Commission Of The Current City Policy For Temporary Structures/Canopies/Portable Carports. Brief discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JULY 24, 2006 PAGE 31 OF 39 INFORMATIONAL 503. Information Services Department and Office Of The City Clerk Wishes To Inform The City Commission Of Upcoming WebLink Document Search Classes To Be Offered To Residents Of Winter Springs. This Agenda Item was not discussed. INFORMATIONAL 504. Public Works Department Advising The City Commission Of The Status Of Various Capital Improvement Projects. No discussion. INFORMATIONAL 505. Not Used. INFORMATIONAL 506. Community Development Department Advising The City Commission Of The Status Of The Use Of Temporary Emergency Protective Roof Covers (Blue Tarps) As A Result Of The Hurricanes Of 2004. With brief discussion on hardships, Commissioner McGinnis asked, "Is there any referral service? Keep it in mind and let us know." Mr. Stevenson stated, "There may be, let me check. " INFORMATIONAL 507. Community Development Department - Urban Beautification Services Division ADD-ON Updating The City Commission On The Status Of Warranty Replacement Of The Diseased Magnolia Trees And Plant Material Located In The SR (State Road) 434 Village Walk Plaza Area. This Agenda Item was discussed prior to the overall discussion on the Informational Agenda. "MOVE TO APPROVE" INFORMATIONAL AGENDA. MOTION BY COMMISSIONER McGINNIS. SECONDED BY DEPUTY MAYOR BLAKE. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 24, 2006 PAGE 32 OF 39 VOTE: COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. .:. .:. AGENDA NOTE: THE FOLLOWING REPORTS WERE HEARD IN THE ORDER DOCUMENTED. .:. .:. REPORTS REPORTS 600. Office Of The City Attorney - Anthony A. Garganese, Esquire Mayor Bush asked Attorney Garganese about the status of the upcoming Binford Trial, to which Attorney Garganese stated, "It is currently scheduled for the first week of August." Attorney Garganese noted, "I am still working on the Cell Tower Ordinance. Hope to finish that very soon." Next, Attorney Garganese mentioned another issue - the Tuscawilla Homeowner's Association's and the installation of two (2) flagpoles and remarked, "I probably need to sit down and talk to him [City Manager]." Mayor Bush further mentioned the upcoming Binford Trial and asked if Attorney Garganese could confirm with him whether it was still scheduled. Continuing, Attorney Garganese commented, "I would like the Commission to give me the liberty to maybe put a little bit more diplomatic language in that Resolution you want to send to Casselberry." Commissioner McGinnis stated, "Yes, 1 agree." Deputy Mayor Blake noted, "Absolutely." No objections were voiced. Mayor Bush added, "That is fine." Furthermore, regarding the upcoming Binford Trial, Attorney Garganese said to Mayor Bush, "I will get back with you tomorrow." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 24, 2006 PAGE 33 OF 39 REPORTS 602. Office Of The City Clerk - Andrea Lorenzo-Luaces, CMC No Report. REPORTS 603. Commission Seat Two/Deputy Mayor - Michael S. Blake Deputy Mayor Blake spoke regarding tonight's Ranchlands lot split and suggested, "I think that there is something that we can do that will still provide for lot splits where they are appropriate but also protect the ultimate character of that neighborhood; and I would like the Commission's support to direct Anthony fGarganeseJ, to bring back to us an Ordinance as soon as possible, that will make a few minor adjustments in the current lot split language, specifically, and this will require a little bit of math - my idea is that a lot split request would be - allowable, if - each of the new lot sizes are of an acreage that is greater than the average lot size, within a specified radius of the same Zoning classification." Continuing, Deputy Mayor Blake explained, "Let's say that there is a lot in the Ranchlands that the Owner would like to split and the split means into two (2)." Furthermore, Deputy Mayor Blake stated, "And that lot size is currently ten (10) acres in size, it is a ten (10) acre lot. They would like to split it into two (2) different lots. If you would draw from the center point of the lot, a radius of I think a 1,000 feet, and look at all of the lots encompassed, that that 1,000 foot radius would touch upon, in that same Zoning district, so in other words, if it is - a lot that is near the Ranchlands and goes over into - Mt. Greenwood - where the lots are very, very small; they would not be included in the calculation because they are in a different Zoning classification. So, it would only include those lots that are in the same Zoning classification as the Ranchlands. Add up all the acreage, divide it by the number of lots included, gives you an average acreage. Let's say that that number is three (3) acres. On average, lots within that radius are three (3) acres, then that lot split could occur if it were to split that one (1) lot into a seven (7) acre lot and a three (3) acre lot. It could not occur if they wanted to split it up to an eight (8) acre lot and a two (2) acre lot because two(2) is below the average of three (3) acres." Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 24, 2006 PAGE 34 OF 39 Mayor Bush said to Attorney Garganese, "Would it make sense that we do with this, what we did with the garage on Deer Run, where you basically post that there is a pending Ordinance?" Attorney Garganese stated, "Yes. If that is the direction of the Commission to move forward..." Mayor Bush then said, "...Commissioners, is that something you are in agreement with?" Commissioner Krebs said, "Yes, 1 think we need to preserve the character of the neighborhood." Commissioner McGinnis remarked, "Good." Commissioner Gilmore commented, "1 definitely think that we need to do something. 1 am not sure of the mathematics that Commissioner Blake used, is the right mathematics, but we do need some." Commissioner Miller stated, "Yes, but 1 want to clarify it because there was a time when you could only split the lot once - maybe we need to go back to that again." Regarding previous lot splits, Commissioner Miller added, "1 would like to get back to that if we could, the rationale for it and how we could possibly do that again." Mayor Bush noted, "1 think we have Consensus on that." Next, Deputy Mayor Blake asked Attorney Garganese about personnel changes to his Firm. REPORTS 604. Commission Seat Three - Donald A. Gilmore First, Commissioner Gilmore said, "I am glad to see this compatibility Ordinance IS working. " Secondly, Commissioner Gilmore asked Manager McLemore, "Name tags for the employees - what has happened?" Manager McLemore said, "I am going to have to update you at the next Meeting on that one." REPORTS 605. Commission Seat Four - Sally McGinnis Commissioner McGinnis remarked, "Congratulations to Bob Rucci and F.L.O.P (Friend of Leash Optional Parks)" on their "Hogs and Hounds Charity Poker Run" event. Tape 4/Side B CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 24, 2006 PAGE 35 OF 39 Mr. Bob Rucci, 973 Turkey Hollow Circle, Winter Springs, Florida: spoke of the "Hogs and Hounds Charity Poker Run" which was held yesterday. Commissioner McGinnis stated, "Looking forward to seeing pictures." Next, Commissioner McGinnis spoke of the Dog Park, and asked Mayor Bush if he had spoken to Chairman Henley of the Seminole County Board of County Commissioners about the Dog Park? Mayor Bush stated, "It isn't going to happen at Jetta Point." "I WOULD LIKE CHUCK [PULA] TO COME BACK WITH A REAL FIRM RECOMMENTATION FOR THAT LAND - WITH A DOG PARK." MOTION BY COMMISSIONER McGINNIS. MAYOR BUSH NOTED, "RELOCATE THE DOG PARK." SECONDED BY COMMISSIONER KREBS. DISCUSSION. DEPUTY MAYOR BLAKE MENTIONED, "WE ALL HAVE AGREED, I THINK IN PRINCIPLE THAT WE ARE COMMITTED TO A DOG PARK. WE ARE COMMITTED TO PROVIDING IT SOME PLACE." COMMISSIONER KREBS SAID TO MR. PULA, "WHEN YOU FIRST TOOK ME AROUND IN THE CITY, I BELIEVE YOU TOLD ME THERE WAS SOME - PASSIVE AREA - A PASSIVE PARK BUT IT REALL Y WASN'T USED FOR ANYTHING." COMMISSIONER KREBS NOTED, "IT WAS THE ONE (1) PARK THAT WE DIDN'T VISIT, BUT YOU SAID AT THAT POINT THAT THE NEIGHBORS DIDN'T WANT ANY KIND OF BASEBALL, ANYTHING GOING ON THERE; OR THEY DIDN'T WANT LIGHTS." COMMISSIONER McGINNIS SPOKE FOR RECORD AS TO WHETHER MR. PULA HAD BEEN WORKING ON THIS. FURTHER DISCUSSION. "I WOULD LIKE TO AMEND - TO ADD WITHIN ONE (1) MONTH." AMENDMENT TO THE MOTION BY COMMISSIONER McGINNIS. MOTION DIED FOR LACK OF A SECOND. VOTE: DEPUTY MAYOR BLAKE: NAY COMMISSIONER MILLER: NAY COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: NAY MOTION DID NOT CARRY. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 24, 2006 PAGE 36 OF 39 Commissioner McGinnis stated, "I will be gIvmg three (3) documents to Andrea [Lorenzo-Luaces, City Clerk] and 1 will ask that she give you copies. It is from the Alliance." The documents related to child abuse statistics in the City. Commissioner McGinnis added, "I just think you need to be aware of this." Discussion ensued on scholarship money available for summer camp attendees. REPORTS 606. Commission Seat Five - Joanne M. Krebs Commissioner Krebs smoke of a School fund raising permit. Commissioner Krebs said, "What 1 wanted us to do is if we do feel that the school should, especially in fundraisers - put it in writing." With discussion, Manager McLemore stated, "I recall as Commissioner Blake making the Motion, and it went something like we were going to give the schools two (2) or three (3) or four (4) permits a year free - they had to get the permit, but we gave it to them free; and you instructed me to write a letter to that effect, and 1 wrote the letter." Manager McLemore suggested, "We'll write you a Policy and bring it back." Commissioner Krebs also thanked Mr. Bob Rucci for the "Hogs and Hounds Charity Poker Run" event. Next brought up by Commissioner Krebs was whether a Conference Calendar would be helpful. Discussion. Commissioner Krebs stated, "I was wondering if there was going to be a park event in October?" Mr. Pula said, "I was going to bring it to you at your next Meeting as an Agenda Item." Continuing with the next item, Commissioner Krebs noted, "Oak Forest Lake - problems, again. " Next, Commissioner Krebs addressed Attorney Garganese regarding Social Security numbers on Utility Bill documents, and asked, "Can we take it off at some point, and not use it - not make that a Policy to use it, therefore not having to be in the position that we would have to furnish it." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 24, 2006 PAGE 37 OF 39 Commissioner Krebs explained, "If the City said we are no longer going to collect or use Social Security numbers, as identification, and - now I have been here since 1988 and of course my Social Security number is on file, but because it is no longer the City's Policy, can we not provide that information? Or because it existed at one time and was public information...." Attorney Garganese said, "...1 can talk to you more about it." Discussion. Further discussion continued regarding collections, other types of personal identification, and what Ms. Greco is using. Attorney Garganese stated, "I probably need to regroup then with staff and the Manager on that." Lastly, Commissioner Krebs mentioned that Smokey and Alice Louise Allen were moving out of the City and asked if a "Key to the City" could be given to them? Mayor Bush said, "I think that is a good idea. Andrea [Lorenzo-Luaces], a Resolution or put the key on a plaque or something like we have done before, and then contact them and see when they could come to a Meeting, so we can present it." REPORTS 607. Office Of The Mayor - John F. Bush Mayor Bush remarked, "I did talk with Chairman Henley this afternoon on the Jetta Point and his feeling is that the County Commissioners do not want a Dog Park at that location. The other thing too, I talked to him about the Therapy Pool, the money we were asking there." Mayor Bush added, "I talked to Don Fisher and Don [Fisher] said he thought it was on their upcoming Agenda for approval, but that he would call me tomorrow and tell me for certain." Mayor Bush added, "As soon as I know something I will let the Manager know." Regarding letting the City Commission know of the details, Mayor Bush said, "I will let Andrea [Lorenzo-Luaces] know and the Manager know." Next, Mayor Bush said, "August the 21st [2006] at 6:30 [p.m.], I have asked the Workforce Housing people to come and make a presentation to the Commission." With discussion, Mayor Bush said, "Would you look at your calendars and let me know as soon as possible, if we need to reschedule that." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 24, 2006 PAGE 38 OF 39 · Planning And Zoning Board/Local Planning Agency Mayor Bush said, "I have asked Shelley Lauten of myregion.org organization to come make a presentation to not only the Commission, but the P and Z/LP A (Planning and Zoning Board/Local Planning Agency) - they are getting ready to do the Comp Plan." Additionally, Mayor Bush remarked about the recent Planning and Zoning Board/Local Planning Agency Workshop and said, "About having some follow-up on that to get together with them." Mayor Bush added, "It would be good to have this probably, since we are getting ready to do the Comp[rehensive] Plan, why don't we talk to Eloise [Sahlstrom] about that and see where this fits into the schedule? Everybody okay with that?" No objections were noted. Mayor Bush added, "Okay." REPORTS 608. Commission Seat One - Robert S. Miller Commissioner Miller said, "I would suggest that all of us Commissioners get with the City Manager sometime in the next month, regarding what it is that might be possible, or not possible, on the Budget next year." REPORTS 601. Office Of The City Manager - Ronald W. McLemore Manager McLemore mentioned bringing a Development Agreement with the James Doran Company on the next phase of the Town Center project to the City Commission. Manager McLemore stated, "It will involve - the City's participation in that whole project and those things which make it workable, financially. Additional parking is a big part of that. So 1 am just making you aware that we will probably look at that at the next Meeting." .:..:. AGENDA NOTE: THE FOLLOWING ADDITIONAL REPORT WAS HEARD NEXT, AS DOCUMENTED. .:. .:. REPORTS REPORTS 605. Commission Seat Four - Sally McGinnis Commissioner McGinnis commented on sending out a letter to address issues related to the Winter Springs Golf Course. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUL Y 24, 2006 PAGE 39 OF 39 With discussion, Manager McLemore suggested, "We could put it out in the Water billings." Mayor Bush added, "Put it in the Water Bill Commissioner, in that cycle that goes to the Highlands." Commissioner McGinnis remarked, "Okay." Mayor Bush then asked, "Is that okay with everybody? Put it in the Water Bill, in the cycle that goes to the Highlands people." Commissioner McGinnis commented, "Okay." Commissioner Gilmore said, "Yes." No objections were noted. Also related to the Winter Springs Golf Course, Manager McLemore spoke of water rates and suggested that he could do an Agenda Item for further discussion. Discussion. ADJOURNMENT Mayor Bush adjourned the Regular Meeting at 12:44 a.m. RESPECTFULLY SUBMITTED: JOANL BROWN, DEPUTY CITY CLERK J ENZO-LUACES, CMC APPROVED: ~~ NOTE: These Minutes were approved at the August 14,2006 Regular City Commission Meeting.