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HomeMy WebLinkAbout2006 09 25 EXEMPTION Consent 408 Approval of September 11 Regular Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING SEPTEMBER 11, 2006 CALL TO ORDER The Regular Meeting of Monday, September 11, 2006 of the City Commission was called to Order by Mayor John F. Bush at 6:38 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, arrived at 7: 10 p.m. 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 Attorney Debra S. Babb-Nutcher, present A moment of silence was followed by the Pledge of Allegiance. PUBLIC HEARINGS AGENDA (PART I) PUBLIC HEARINGS 200. Office Of The City Manager Requesting That The City Commission Hold A Public Hearing Relative To The Approval Of Resolution Number 2006-48, Which Establishes The Tentative Operating Millage Rate For Fiscal Year 2006-2007 For The City Of Winter Springs At 4.2919 Mills Which Is 9.50% Above The Rolled-Back Rate Of 3.9195 Mills And The Tentative Voted Debt Service Millage Rate For Fiscal Year 2006-2007 For The City Of Winter Springs At .1100 Mills. 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 - SEPTEMBER 11, 2006 PAGE 2 OF 24 Ms. Michelle Greco, Director, Finance Department spoke briefly on this Agenda Item. "I WOULD LIKE TO MAKE A MOTION THAT WE REDUCE THE MILLAGE RATE FROM 4.6216 MILS TO 4.2919 MILS AND SET THE VOTED DEBT FROM .1374 MILS, DOWN TO - REDUCE THAT DOWN TO .1100 MILS FOR FISCAL YEAR 2007" [RESOLUTION 2006-48]. MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: DEPUTY MAYOR BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. PUBLIC HEARINGS 201. Office Of The City Manager Requesting That The City Commission Hold A Public Hearing Relative To The Approval Of Resolution Number 2006-49, Establishing The Tentative Budget For Fiscal Year 2006-2007. Ms. Greco 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. "MOTION TO APPROVE RESOLUTION NUMBER 2006-49 ESTABLISHING THE TENTATIVE BUDGET FOR FISCAL YEAR 06-07." MOTION BY COMMISSIONER McGINNIS. SECONDED BY DEPUTY MAYOR BLAKE. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE DEPUTYMAYORBLAKE: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 11,2006 PAGE 3 OF 24 .:..:. AGENDA NOTE: THE FOLLOWING NEW "ADD-ON" (NOT NOTED ON THE AGENDA) WAS DISCUSSED NEXT, AS DOCUMENTED. .:..:. REGULAR AGENDA REGULAR Office Of The City Manager ADD-ON Discussion On The Town Center. City Manager Ronald W. McLemore said, "Commissioners, we hate to pull a situation with you where we have to do an Add-On when we didn't even have time to write up anything, but we've been involved in a situation with our Developer of the Town Center, James Doran, this afternoon that went up to probably about an hour ago. Due to its potential financial impact on the Developer, and it being a matter of urgency, we're asking to bring this to you tonight for consideration." Manager McLemore continued, "The issue involves a couple of design issues on Building 4 in your Town Center, which is ready, or getting ready now, for construction. This project needs to move ahead to stay in step with its financing. The issues involved deal with principally two (2) things; one is the corridor between the two (2) buildings, Building 3 and Building 4; and then the issue of the construction of the columns on the front of Building 4. This is the issue in a capsule form. Back in 2005, prior to September, in review of preliminary plans, the Commission designated a requirement for separation of these two (2) buildings at twenty feet and one inch (20' 1 It). In subsequent approvals, the Commission in September 2005, agreed to a set of building plans or Concept Plans - Aesthetic approval of the building plans and in that plan there was some encroachments into that pass-through between two (2) buildings. It involved an enclosure for a stairwell and a small part of the building in the rear. Those particular plans when they were reviewed did not provide detailed measurements on the width of the corridor or the passageway. They were approved by the City Commission and approximately four (4) or five (5) days later, we received Final Engineering Plans which did in fact represent that the passageway was twenty feet (20'). wide." Manager McLemore continued, "So we have a conflict between your original requirement, the building that was approved in Aesthetic Review, and then the Final Engineering. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 11,2006 PAGE 4 OF 24 So, we worked all this afternoon to come up with a solution, one which I think is viable and it works for all parties. And it basically includes a couple of minor enhancements to Building 4 which includes putting back in that plan a doorway on the interior side of the building which would actually face the passageway. And - not replacing, but putting back into the plan, in the rear of the building, a window area to increase the amount of display area into the passageway or pass through." Manager McLemore added, "Additionally, there was a couple of minor landscape issues and also in agreement between us and the Developer that as you know, we expanded the sidewalks in the first phase from the Buildings 1 and 2 and our intent is to carry that expansion of those sidewalks down the street. The Developer wants us to acknowledge that he is willing to do that as long as we provide him the loss spaces credit in his future parking requirements. There are probably eight (8) parking spaces that would be lost based on just a quick look. Doesn't have a huge impact and is certainly subject to further negotiations of where those might be placed. But the main thing here is we need to move ahead. And there's nothing in this that creates any substantial harm to the Town Center. Some of the things we did this afternoon probably enhances the passageway a little bit. But, because the Final Engineering was approved by the Commission showing the twenty feet (20') of width, you would have to Approve or Amend that change as we've set out to you tonight. Any questions?" Discussion. Manager McLemore said, "Now I believe, Shane (Doran, James Doran Company), if you'll substantiate this, I believe your building is sold out, isn't it? It's ready to go." Mr. Shane J Doran, Senior Vice President, James Doran Company, 216 Seven Farms Drive, Suite 200, Charleston, South Carolina: said, "Yes it is." Manager McLemore asked, "Briefly, it's how many condominiums units and then how many square units?" Mr. Doran said, "Forty-one (41)." Manager McLemore said, "Forty-one (41) units and the retail of... Mr. George D. Tullos, James Doran Company, 216 Seven Farms Drive, Suite 200, Charleston, South Carolina: responded, "...Roughly 7,000, just under - 6,800." Manager McLemore said, "These workovers are the ideal kind of Town Center New Urbanism type of building and really it's going to be a real asset to the Town Center. And, as I said, the minimum changes in the passageway really don't do a lot of harm and so I would highly suggest we move ahead with this and let them start building. I think they're ready tomorrow." ,....., CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER I I, 2006 PAGE 5 OF 24 Mr. Tullos stated, "What that doesn't reflect is that is just a building footprint plan from a civil drawing. The architectural shows you the stairwell that's enclosed, it actually bumps in there. It also shows the screen wall that we're providing to hide some electrical equipment." Commissioner Donald A. Gilmore asked, "Is there an elevator in here also?" Mr. Tullos said, "There is, but that's in the central lobby, not affected." Continuing, Mr. Tullos said, "That's the end of the huilding that is in question between 3 and 4. That is the end of Building 4, the south end. And that's the drawing the elevation that was in the approval package back in [20]'05." Manager McLemore inquired, "And this is the enclosed stairwell?" Mr. Tullos said, "That's correct." Mr. Tullos added, "At the back of the building, it's eighteen (18) and where the stairwell is, it's sixteen and a half (16 'li)." Manager McLemore said, "Actually, I really think the little enhancements we made in here, is really going to make it a nice place." Discussion. Regarding the window, Mr. Tullos said, "That was just a window unit and no longer a door. We're going to put the door back in there. This is Tuscawilla [Road] that's running out here. This back has a door, but it has a Hardie Panel around it, so it was a solid door. We're just going to go full glass storefront there, in that section and remove the door. You still have to move the door to the back of the house, you've got to have a rear entry, you know, for deliveries, etc - but it creates a nice display window as your coming through the passage area." Manager McLemore said, "That last piece, you said we have to put a door in the rear?" Mr. Tullos said, "You've got to have a rear access there, to get in that space." Mr. Doran said, "For Code, I think." Mr. Tullos said, "So we'll just have to move it to the back which is where the parking lot is." Manager McLemore said, "Well, we did a solid door on the other buildings." Mr. Tullos said, "We'll do a solid louvered door. We're just moving the door that's there, to there." Deputy Mayor Michael S. Blake asked, "And what does this represent?" Mr. Tullos said, "What we're looking at doing, is coming off of the wall here, on either side with a section of powder coat aluminum black wrought-iron looking fence anchored by a brick podium that would house probably a nice pot on top, planter; and what it does is create the back side. " ......., ~ :=::a- CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 11,2006 PAGE 6 OF 24 Furthermore, Mr. Tullos remarked, "If you looked at this as a square - we were looking for a way to kind of delineate kind of the back ninety degree angles, creating that full square." Deputy Mayor Blake said, "So we're actually making this even smaller than the sixteen and a half feet (16' W') by putting in this fixture and this fixture." Mr. Tullos noted "If it were clear, you'd see that we don't make it smaller, we'll stop it right at the edge of the current protrusion into the twenty point one (20.1). It won't come beyond that. You'll still have the sixteen and a half (16 1/2)." Deputy Mayor Blake asked, "Is there any connectivity between this Building 4 and Building 3 over here?" Mr. Tullos said, "There's not." Deputy Mayor Blake said, "There's not going to be an archway or anything like that?" Mr. Tullos said, "No." Commissioner Joanne M. Krebs asked, "Do you want one?" Mr. Tullos said, "Not really, no. The distance is too far to span, you start getting into all kinds of structural issues." "I MOVE THAT WE ACCEPT THE DESIGN MODIFICATIONS PRESENTED TONIGHT FOR BUILDING 4." MOTION MADE BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. MANAGER McLEMORE SAID, "I JUST WANT TO MAKE SURE IN THE RECORD, THIS IS GOING TO BE A SOLID DOOR MARKED 'F:OR EMPLOYEES ONLY' OR 'FOR STORAGE ONLY', SOMETHING LIKE THAT." MR. TULLOS SAID, "IT'LL BE SIMILAR TO THE REAR OF BUILDING 2." MAYOR BUSH SAID, "AND THE MOTION - THE MANAGER ELIMINATED THE WIDENING OF THE SIDEWALK AND THE PARKING SPACES THAT WOULD BE REMOVED, WOULD BE CREDITED TO THEM FOR FUTURE..." COMMISSIONER McGINNIS SAID, "...WHICH I BELIEVE WAS EIGHT (8)." MAYOR BUSH SAID, "WELL, THEY DON'T KNOW. THEY SAID APPROXIMATELY EIGHT (8). SO THE MOTION WILL INCLUDE THOSE." DEPUTY MAYOR BLAKE SAID, "TALKING ABOUT THE PARKING, I UNDERSTOOD AND BOUGHT INTO THE ARGUMENT UP CLOSER TO [STATE ROAD] 434, WHY IT WAS IMPORTANT TO GIVE UP A FEW SPACES IN ORDER TO HAVE PARALLEL PARKING AND A WIDER SIDEWALK. WHAT ARE THE EXPECTED RETAIL USES IN THESE THREE (3) SLOTS?" MR. TULLOS SAID, "HARD TO SAY AT THIS POINT, COMMISSIONER. THOSE ARE RETAIL CONDOMINIUMS. IT'S VERY LIKELY THAT YOU'LL SEE A MIXTURE OF RETAIL AND MAYBE QUASI-OFFICE." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 11,2006 PAGE 7 OF 24 MR. DORAN SAID, "THE RESIDENTIAL ONES ARE SOLD. WE HAVE TWO (2) OF THE RETAIL CONDOS RESERVED. I THINK ONE'S BY A TITLE COMPANY. THE OTHER TWO (2) ARE NOT SOLD. IT'S THE RESIDENTIAL ONES THAT ARE." DEPUTY MAYOR BLAKE SAID, "AND SO, BASICALLY THOUGH - SLIGHTLY DIFFERENT TYPE OF USE THEN WHAT YOU MIGHT EXPECT ACROSS THE STREET OR UP CLOSER TO [STATE ROAD] 434 IN TERMS OF RESTAURANT TRAFFIC OR, THESE ARE BACK OFF JUST A LITTLE BIT, THIS IS BUILDING 4, IT'S THE FOURTH BUILDING OFF OF [STATE ROAD] 434. I AM WONDERING, JUST HOW IMPORTANT IT REALLY IS TO CONTINUE WITH AN EXTRA WIDE SIDEWALK HERE VERSUS GIVING UP THE ANGLED-IN PARKING. I THINK I WOULD LIKE TO SEE THE ANGLED-IN PARKING." MANAGER McLEMORE SAID, "IT'S REALLY ESSENTIAL THAT WE WIDEN THE SIDEWALK. EVEN IF YOU WERE OUT FRIDAY NIGHT, YOU COULD SEE PEOPLE JUST ALL OVER THE SIDEWALKS." DEPUTY MAYOR BLAKE SAID, "NOT HERE?" MANAGER McLEMORE REMARKED, "I KNOW, BUT IT IS GOING TO BE I HOPE, THE SAME SITUATION FOR THIS NEXT BLOCK. NOW ONCE WE GET BEYOND THAT NEXT BLOCK, IT IS NOT AN ISSUE. BUT IT'S REALLY IMPORTANT ON MAIN STREET, AND I'M TALKING ABOUT MAIN STREET, TO HAVE VERY WIDE SIDEWALKS, BECAUSE REMEMBER, IT'S A PLACE. THE WHOLE THING IS TO MAKE IT A PLACE." MANAGER McLEMORE SAID, "THESE COLUMNS HERE, YOU HAVE SIX (6) AND EIGHT FEET (8') OF SPACE BETWEEN THE EDGE OF THAT COLUMN TO THE BACK OF THE EXISTING CURB." DEPUTY MAYOR SAID, "CURRENTLY WITH THE PARALLEL PARKING?" MANAGER McLEMORE SAID, "RIGHT. BUT WHEN WE EXPAND IT OUT, YOU'LL HAVE FOURTEEN FEET (14'), I BELIEVE IT IS; AND YOU'LL HAVE ROOM FOR TABLES AND HOPEFULLY THE KIND OF CROWDS AND EVENTS THAT WE REALL Y WANT." FURTHER DISCUSSION. "I WOULD LIKE TO AMEND THE MOTION TO REMOVE THE PARKING COMMENTS AND RETAIN THE ANGLED-IN PARKING." MOTION MADE BY DEPUTY MAYOR BLAKE. MOTION DIED FOR LACK OF A SECOND. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 11,2006 PAGE 8 OF 24 MAYOR BUSH SAID, "YOU WERE PREPARED TO DO THE ANGLE PARKING?" MR. DORAN SAID, "I AM VERY HAPPY WITH THE ANGLE PARKING - IN THE SPIRIT OF COOPERATION, TO GET THINGS MOVING, I WAS GOING TO ALLOW IT TO BE PARALLEL BUT TO GET CREDIT - I DON'T THINK IT WOULD BE FAIR THAT I NOT GET CREDIT FOR THE LOSS." VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: NAY COMMISSIONER GILMORE: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE FOLLOWING 'PUBLIC INPUT' AND REGULAR AGENDA ITEM '303' WERE DISCUSSED NEXT, IN THE ORDER DOCUMENTED. .:. .:. PUBLIC INPUT Ms. Lois Smith, 803 Tomlinson Terrace, Lake Mary, Florida: Mayor Bush stated, "Lois Smith is in favor of retaining the Dog Park in Central Winds, but does not wish to address the Commission." Mr. Bob Rucci, 973 Turkey Hollow Circle, Winter Springs, Florida: thanked Manager McLemore for his assistance; spoke on the past six (6) months and recent actions of the City Commission; and recommended keeping the Dog Park at Central Winds Park. Commissioner Robert S. Miller arrived at 7: 1 0 p. m. Mr. Gregory Ferraro, 307 Cello Circle, Winter Springs, Florida: as the Vice President of "Friends of Leash Optional Parks", Mr. Ferraro spoke on merits of Central Winds Park as the location for this Dog Park. Ms. Loretta A. Ames, 150 Third Street, Winter Springs, Florida: Mayor Bush stated, "Loretta Ames is also in favor, but does not wish to address the Commission." Ms. Diane Ferraro, 307 Cello Circle, Winter Springs, Florida: Mayor Bush stated, "Diane Ferraro. You agree with her husband, and with Mr. Rucci." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 11,2006 PAGE 9 OF 24 Ms. Sarah Spragip, 774 Seneca Meadows Road, Winter Springs, Florida: commented on merits of dogs; asked if any of the City Commission were dog owners; and noted that she was in favor of Central Winds Park for the Dog Park location. Ms. Anna D. Filsinger, 442 Club Drive, Winter Springs, Florida: Mayor Bush stated, "Anna Filsinger is in favor, but does not wish to address the Commission." [Commissioner Sally McGinnis noted, "Her son dropped that off."] Mr. James A. Toredo, 442 Club Drive, Winter Springs, Florida: Mayor Bush stated, "James Toredo is in favor and does not wish to address the Commission." Ms. Leah Weisman, 113 Brookshire Court, Winter Springs, Florida: Mayor Bush stated, "Central Winds Park as well." Mr. William P. Jones, 501 Erica Way, Winter Springs, Florida: Mayor Bush stated, "William P. Jones - does not wish to address the Commission - is opposed to the Shepard Road location, is his opposition." Ms. Holly Heath, 501 Erica Way, Winter Springs, Florida: Mayor Bush stated, "Opposed to the Shepard Road location as well and does not wish to address the Commission. " Mr. William Payne, 510 Bentley Street, Oviedo, Florida: noted he was in favor. Mayor Bush remarked, "You are in favor of it at Central Winds [Park] as well." Mr. Payne stated, "Yes." REGULAR REGULAR 303. Parks And Recreation Department Requesting City Commission Direction Regarding Potential Sites, To Proceed With Further Evaluation For A Future Permanent Dog Park Location. Mr. Brian Fields, P.E., City Engineer, Public Works Department addressed the City Commission on potential related problems with Lake Jesup and the Dog Park location. Discussion. Tape 1/Side B Commissioner Krebs asked, "If the Dog Park was moved up closer to [State Road] 434, would it be less of an impact?" Mr. Fields said, "That would help. You could also look at doing a retention area around it. There's even - we did some research to point out to Chuck (Pula, Director, Parks and Recreation Department), one area in New York did almost a dog septic system to address this particular problem." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER I 1,2006 PAGE IO OF 24 Much discussion. "I WILL MOVE THAT WE ASK STAFF TO WORK OUT THE NECESSARY PLANS TO PROVIDE FOR A PERMANENT DOG PARK LOCATED IN CENTRAL WINDS PARK." MOTION BY COMMISSIONER McGINNIS. COMMISSIONER McGINNIS ADDED, "NINETY (90) DAYS TO COME BACK WITH A PLAN." SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: NAY COMMISSIONER MILLER: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE FOLLOWING ADDITIONAL "PUBLIC INPUT" WAS DISCUSSED NEXT, AS DOCUMENTED. .:..:. PUBLIC INPUT Mr. Edward Martinez, Jr., 205 Little Creek Lane, Winter Springs, Florida: spoke of the upcoming Election, and suggested an educational class be held by the City Commission for Campaign candidates. Mr. Christopher Cannizzaro, 209 Hazelwood Court, Winter Springs, Florida: Mayor Bush stated, "He was in favor. He didn't wish to address the Commission. I assume he was in favor of the decision as well." Dr. Neil R. Backus, 110 East Panama and 415 South Moss Road, Winter Springs, Florida: Mayor Bush said, "Neil Backus, you are in favor of '203', but you do not wish to address the Commission." Mr. Steve Molnar, : representing the City of Winter Springs Professional Firefighters, Mr. Molnar spoke on the Cody Study and salaries. ,-, r.....' ;=~ tIIr" ~ ~ ,.... I e:::a... CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 11,2006 PAGE 11 OF 24 .:..:. AGENDA NOTE: THE FOLLOWING AGENDA ITEMS WERE DISCUSSED NEXT, IN THE ORDER DOCUMENTED. .:..:. AWARDS AND PRESENTATIONS AWARDS AND PRESENT A nONS 100. Not Used. REGULAR REGULAR 301. Public Works Department - Stormwater Division Requests The City Commission Review The Stormwater Utility Fee Adjustment Request By Michael D. Jones Of 560 Dunmar Circle Pursuant To Section 19-166. Of The City Code Of Ordinances. Mr. Kip Lockcuff, Director, Public WorkslUtility Department spoke on this Agenda Item. Mr. Damon A. Chase, Esquire, 250 International Parkway, Suite 250, Lake Mary, Florida: representing Mr. Mike Jones, Mr. Chase spoke for the Record about the lots near Mr. Jones' property. Discussion. Tape 2/Side A Further discussion. Mr. Mike Jones, 560 Dunmar Circle, Winter Springs, Florida: answered questions from his Attorney, Mr. Chase. Attorney Debra S. Babb-Nutcher stated, "If I could refer to Section 19-166., the Commission is only to be considering evidence that was provided when Mr. Jones was initially requesting his Adjustment request; and I am referring to 19-166. (a) (4) and therefore, this additional evidence is new evidence that has not been presented." Much discussion. "I MAKE A MOTION - WE TABLE THIS ITEM FOR TWO (2) WEEKS." MOTION BY COMMISSIONER MILLER. MOTION DIED FOR LACK OF A SECOND. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER I 1,2006 PAGE 12 OF 24 Discussion. "MY MOTION WOULD BE TO DIRECT STAFF TO BRING BACK TO US AT THE NEXT CITY COMMISSION MEETING THIS COMPETENT SUBSTANTIAL EVIDENCE THAT WILL ALLOW US TO REST WITH THE DETERMINATION THAT STORMWATER FLOWS OFF OF MR. JONES' PROPERTY, INTO THE CITY'S SYSTEM AND THEREFORE, WE SHOULD CHARGE HIM OR WILL CHARGE HIM THE STORMWATER FEE THAT IS APPROPRIATE FOR HIS EQlJIV AI,ENT RESIDENTIAL UNIT OR A FINDING THAT IT DOES NOT FLOW OFF AND THEN WE WILL NOT CHARGE AS APPROPRIATE BASED ON A USER FEE AS ANY OTHER USER FEE THAT WE HAVE IN THE CITY." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER KREBS. DISCUSSION. ATTORNEY BABB-NUTCHER ADDED, "IF YOU ARE GOING TO BE GIVING ADDITIONAL TIME FOR MORE INFORMATION TO BE GATHERED, THAT WE GET SOME KIND OF COMMITMENT ON THE RECORD FROM MR. JONES THAT WE ACTUALLY HAVE THE ABILITY TO COME ON TO THE SITE TO MAKE THE INSPECTION." VOTE: DEPUTY MAYOR BLAKE: AYE COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Mayor Bush called a Recess at 8:55 p.m. Mayor Bush called the Meeting back to Order at 9: 15 p. m. REGULAR 300. Public Works Department Requests The City Commission Validate The Staff Recommendation Finding Tuscawilla Square To Be Built In Substantial Accordance With The Final Engineering Plans And Authorize Reimbursement In The Amount Of $165,613.50 For Gary Hillery Drive Improvements. "I MOVE WE APPROVE ITEM '300' ALLOWING REIMBURSEMENT OF THE ONE HUNDRED SIXTY-FIVE THOUSAND, SIX HUNDRED THIRTEEN DOLLARS AND FIFTY CENTS ($165,613.50)." MOTION BY COMMISSIONER GILMORE. SECONDED BY COMMISSIONER KREBS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 11,2006 PAGE 13 OF 24 VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. REGULAR 302. Finance Department Requesting That The City Commission Authorize Staff To Delay Increasing The Delinquent Fee For Utility Customers Until The Formal System-Wide Rate Study Is Completed By The City's Consultant. It is Also Requested That City Commission Delay A Decision On The Televox Notification Service Until The Delinquent Fee Increase Can Be Readdressed. Mayor Bush stated, "Asking for a delay here." "I MOVE WE DELAY '302'." MOTION BY COMMISSIONER GILMORE. MAYOR BUSH REMARKED, "SECONDED BY COMMISSIONER MILLER." DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. Commissioner Gilmore stated, "I said, I move we delay '302', what I really meant was I move we allow the delay as requested in '302'." Commissioner Krebs added, "That is what I interpreted." With no objections, Mayor Bush then said, "I think everybody understood that." PUBLIC HEARINGS AGENDA (PART II) PUBLIC HEARINGS 202. Office Of The City Attorney And Community Development Department Requests That The City Commission Hold A Public Hearing To Adopt Ordinance Number 2006-11, Amending Chapter 9 Of The City Code, As It Relates To The Subdivision Process. Attorney Babb-Nutcher read Ordinance 2006-11 by "Title" only. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 11,2006 PAGE 14 OF 24 Tape 2/Side B Mayor Bush opened the "Public Input" portion of the Agenda Item. . ,. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. "I MAKE A MOTION THAT WE APPROVE ITEM '202'." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER KREBS. DISCUSSION. MAYOR BUSH NOTED, "FOR THE ADOPTION OF THIS ORDINANCE..." COMMISSIONER MILLER ADDED, "...2006-11." VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER MILLER: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. Manager McLemore returned to the Commission Chambers at 9:21 p.m. PUBLIC HEARINGS 203. Community Development Department Requests That The City Commission Approve The Heidish Lot Split, And Authorize Its Recordation. [Resolution 2006-47]. Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. Mr. John Baker, AICP, Senior Planner, Community Development Department spoke on this Agenda Item. Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 11,2006 PAGE 15 OF 24 Regarding the Mayor's power to Veto Ordinances and the previously approved Ordinance, Mayor Bush said, "I have no plans to Veto it." "I MAKE A MOTION THAT WE APPROVE THE LOT SPLIT FOR RESOLUTION 2006-47 - ALONG WITH THE RECOMMENDATIONS." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER McGINNIS." DISCUSSION. COMMISSIONER MILLER ADDED, "ALONG WITH THE RECOMMENDATIONS." MAYOR BUSH NOTED, "TO APPROVE WITH THE RECOMMENDATIONS AS STATED BY STAFF ON PAGE 3." VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 305. Office Of The City Clerk Requests That Mayor John F. Bush Or A Member Of The City Commission Make An Appointment To Fill A Vacancy On The Code Enforcement Board. Commissioner Krebs initially commented on this Agenda Item. Discussion. Commissioner Krebs stated, "I would like everyone to consider Ms. Laura-Leigh Wood for this appointment." Commissioner McGinnis commented, "When there is a vacancy, that the 1 st Alternate would fill that slot." Commissioner Krebs added, "I brought that up, that Jim Pitts would go into that position, yes, and then Alternate '2' moves to Alternate '1' - and I was bringing her up for consideration in the position of Alternate '2'." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 11,2006 PAGE 16 0F 24 "I WILL MAKE THE MOTION THAT MR. PITTS MOVES UP TO FILL THE VACANCY THAT LAURENT (PELLERIN) IS LEAVING AND MOVE ALTERNATE '2' TO POSITION ALTERNATE '1' AND LAURA-LEIGH WOOD TO POSITION ALTERNATE '2'." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. REGULAR 304. Parks And Recreation Department Presenting The City Commission With The Current Central Winds Park Master Plan For Consideration And Approval. Mayor Bush stated, "With the passing of '303', that kind of makes '304' - Staff has obviously not had time to include the Dog Park, so I think, 'Motion to Table'." "MOVE TO TABLE." MOTION BY COMMISSIONER GILMORE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. Commissioner Krebs said, "If we 'Motion to Table', as I understand it, it can still only stay on the Table for two (2) - Meetings." Mayor Bush added, "It can come back from the Table, then we can extend it." REGULAR 306. Office Of The City Manager Requesting The City Commission Consider Recommendations From The Pension Board Of Trustees Regarding The City's Pension Plan. Mr. Kevin Smith, Director, General Services Department addressed the City Commission on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 11,2006 PAGE 17 OF 24 "MOVE TO APPROVE." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: NAY COMMISSIONER McGINNIS: AYE MOTION CARRIED. CONSENT AGENDA CONSENT 400. Community Development Department - Urban Beautification Services Division Requesting Authorization To Enter Into A Contract Agreement For Landscape Maintenance Services For Tuskawilla Road And The Oak Forest Wall And Beautification District With Annan Landscape Company. No discussion. CONSENT 401. Community Development Department - Urban Beautification Services Division Requesting Authorization To Enter Into A Contract Agreement For Landscape Maintenance Services For The State Road 434 Rights-Of-Way, Medians, And Ponds. There was no discussion on this Agenda Item. CONSENT 402. Public Works Department Requests The City Commission Validate The Staff Recommendation Finding The Highlands Apartments To Be Built In Substantial Accordance With The Final Engineering Plans And To Accept The Potable Water And Sanitary Sewer Infrastructure For Ownership And Maintenance. This Agenda Item was not discussed. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 11,2006 PAGE 18 OF 24 CONSENT 403. Information Services Department Requests Authorization To Dispose Of Surplus Assets According To The Attached Disposition Sheets. No discussion. CONSENT 404. 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). There was no discussion on this Agenda Item. CONSENT 405. Parks And Recreation Department Requesting The City Commission To Authorize The City Manager To Apply For A Recreational Development Assistance Program Grant For Central Winds Park On Behalf Of The City Of Winter Springs. This Agenda Item was not discussed. CONSENT 406. Parks And Recreation Department Requests Authorization To Accept The Proposal From Miracle Recreation Equipment Company To Purchase And Install A Large Replacement Playground And Rubber Surfacing In The Back Of Central Winds Park. No discussion. CONSENT 407. Information Services Department Requests Authorization To Municipal Code Corporation For LaserFiche Maintenance And Support In The Amount Of $18,014.50. There was no discussion on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 11,2006 PAGE 19 OF 24 CONSENT 408. Utility Department Requesting Approval For The Construction Of A Support Structure For The New Sludge Thickening Equipment At The West Wastewater Treatment Facility With Unlimited Welding, Inc. At A Cost $24,527.00. This Agenda Item was not discussed. CONSENT 409. Community Development Department - Urban Beautification Services Arbor Division Requesting Approval For The Installation Of Canopy Trees Along Moss Road To Mitigate Tree Removals At The Saratoga Condominiums Site. Commissioner McGinnis spoke for the Record on the merits of what Metropolis Homes is doing and suggested they be commended. CONSENT 410. Office Of The City Clerk Requesting Approval Of The August 23, 2006 Special City Commission Meeting Minutes. No discussion. CONSENT 411. Office Of The City Clerk Requesting Approval Of The August 28, 2006 Regular City Commission Meeting Minutes. There was no discussion on this Agenda Item. "MOVE TO APPROVE" CONSENT AGENDA. MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER I 1,2006 PAGE 20 OF 24 INFORMATIONAL AGENDA INFORMATIONAL 500. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. There was no discussion on this Agenda Item. INFORMATIONAL 501. Public Works Department Advising The City Commission Of The Status Of Various Capital Improvement Projects. This Agenda Item was not discussed. INFORMATIONAL 502. Office Of The City Clerk Wishes To Inform The City Commission Of The Candidates That Have Qualified For The November 7, 2006 City Of Winter Springs Municipal Election. No discussion. INFORMATIONAL 503. Information Services Department Wishes To Inform The City Commission Of Upcoming Launch Of Our New Winter Springs Website On September 15th, 2006. There was no discussion on this Agenda Item. "I MAKE A MOTION WE APPROVE THE INFORMATIONAL AGENDA." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 11,2006 PAGE 21 OF 24 REPORTS REPORTS 600. Office Of The City Attorney - Anthony A. Garganese, Esquire Attorney Babb-Nutcher stated, "No Report." REPORTS 601. Office Of The City Manager - Ronald W. McLemore No Report. REPORTS 602. Office Of The City Clerk - Andrea Lorenzo-Luaces, CMC City Clerk Andrea Lorenzo-Luaces remarked, "The Workshop that you want to all have on the 27th [of September, 2006] with the Board of Trustees, is that going to be a City Commission Workshop or is that going to be Board of Trustees Workshop?" Mayor Bush noted, "I think it is a City Commission Workshop with the Pension Board." REPORTS 603. Commission Seat Three - Donald A. Gilmore Commissioner Gilmore asked for an update on the median removal for State Road 434. Mr. Brian Fields, City Engineer, Public Works Department addressed this issue. Deputy Mayor Blake returned to the Commission Chambers at 9:37 p.m. Commissioner Gilmore then asked about the paving of Winter Springs Boulevard. Mr. Fields spoke on this issue. Then, Commissioner Gilmore asked, "Is there any update on the Dyson sidewalks?" Mr. Fields addressed this inquiry and stated, "Start construction 1 st of December. Completion is probably a four to six (4-6) month project." Mayor Bush asked, "Could we put that kind of information out on our Website and keep it updated?" Mayor Bush added, "Not the Agenda Item..." Mr. Fields said, "... On the W ebsite. We can do that." Discussion ensued on a house that burned down on Deer Run and could anything be done to improve this situation. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER I I, 2006 PAGE 22 OF 24 REPORTS 604. Commission Seat Four - Sally McGinnis Commissioner McGinnis mentioned, "When you are driving out of the Town Center, onto [State Road] 434, from the interior of the Town Center, and you have to cross over the - Trail, the crosswalk, the sidewalk - there is a stop sign, there are two (2) stop signs. One is - because there is a pedestrian crosswalk. Then, just beyond that is another stop sign. . ." Manager McLemore remarked, "... In front of Publix?" Continuing, Commissioner McGinnis stated, "Yes, that is one of them - now, my concern is that there is just two (2) stop signs and the uninitiated may not realize it is actually a pedestrian crosswalk. I am saying, if we could consider a '''Pedestrian crosswalk' sign?" Manager McLemore said, "We will check on it." Commissioner McGinnis added, "It would explain why there are two (2) stop signs, side by side." Secondly, Commissioner McGinnis mentioned a meeting she put together regarding the Fairfax properties, and stated, "The City is going to be working with that group of people to help them deal with some of the problems with the appearance and the condition of that property." Thirdly, Commissioner McGinnis mentioned an email from the former Mayor of St. Cloud related to WiFi. REPORTS 605. Commission Seat Five - Joanne M. Krebs Commissioner Krebs spoke of a pet red-foot Tortoise placed on her property. REPORTS 606. Office Of The Mayor - John F. Bush No Report. REPORTS 607. Commission Seat One - Robert S. Miller Commissioner Miller commented on a group called the "Winter Springs Reform Committee" and remarked, "I thought it would be interesting to put on the Record what happened because now that the information is available, it turns out that there were seventeen (17) people that contributed to this. Only four (4) of them lived in the City of Winter Springs. The others lived as far away as Georgia. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 11, 2006 PAGE 23 OF 24 They raised a total of eight thousand, one hundred dollars ($8,100.00) and only one (1) of every four (4) dollars of that eight thousand [dollars] ($8,000.00) came from Winter Springs. The rest of it came from outside of our City; came from as far away as Apopka and south Florida. They mailed out a total of 19,000 petitions, and they only got back two percent (2%). It looks like something less than about 250 signed ballots, total. I just wanted to put that on the Record because I think it is a very sad event when something like this was formed by some of our residents here in Winter Springs, one of whom actually was here earlier this evening and the intent was not an honorable intent; it was actually anti-American in my OpInIOn. It was one of those things that destroys people's faith in good government in the United States, and if we become like some of the other third world countries around the world because people continue to do this, I would not want to run for election in this City again if I had to confront things like that and I think there is probably a lot of other people that are going to reach the same conclusion; and that is very sad for democracy and our democratic form of government, which really is at the local level, where it is at the most viable and the most vibrant, and people - come in at the bottom and they move into State Government, County government and into the National level. America is going to be a much poorer country for things like this if they continue." REPORTS 608. Commission Seat Two/Deputy Mayor - Michael S. Blake No Report. .:..:. AGENDA NOTE: THE FOLLOWING REPORT WAS DISCUSSED NEXT, AS DOCUMENTED. .:..:. REPORTS REPORTS 606. Office Of The Mayor - John F. Bush Mayor Bush stated, "I appreciate Captain (Glenn) Tolleson, (Police Department) following up on that retention pond there at Moss [Road] and [State Road] 434." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 11,2006 PAGE 24 OF 24 ADJOURNMENT Mayor Bush adjourned the Regular Meeting at 9:51 p.m. RESPECTFULLY SUBMITTED: DAN/ELLE HARKER, ASSISTANT TO THE CITY CLERK AND 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 SEPTEMBER 11, 2006 CALL TO ORDER The Regular Meeting of Monday, September 11, 2006 of the City Commission was called to Order by Mayor John F. Bush at 6:38 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, arrived at 7:10 p.m. 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 Attorney Debra S. Babb-Nutcher, present A moment of silence was followed by the Pledge of Allegiance. PUBLIC HEARINGS AGENDA (PART I) PUBLIC HEARINGS 200. Office Of The City Manager Requesting That The City Commission Hold A Public Hearing Relative To The Approval Of Resolution Number 2006-48, Which Establishes The Tentative Operating Millage Rate For Fiscal Year 2006-2007 For The City Of Winter Springs At 4.2919 Mills Which Is 9.50% Above The Rolled-Back Rate Of 3.9195 Mills And The Tentative Voted Debt Service Millage Rate For Fiscal Year 2006-2007 For The City Of Winter Springs At .1100 Mills. 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 - SEPTEMBER 11,2006 PAGE 2 OF 24 Ms. Michelle Greco, Director, Finance Department spoke briefly on this Agenda Item. "I WOULD LIKE TO MAKE A MOTION THAT WE REDUCE THE MILLAGE RATE FROM 4.6216 MILS TO 4.2919 MILS AND SET THE VOTED DEBT FROM .1374 MILS, DOWN TO - REDUCE THAT DOWN TO .1100 MILS FOR FISCAL YEAR 2007" [RESOLUTION 2006-48]. MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: DEPUTY MAYOR BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. PUBLIC HEARINGS 201. Office Of The City Manager Requesting That The City Commission Hold A Public Hearing Relative To The Approval Of Resolution Number 2006-49, Establishing The Tentative Budget For Fiscal Year 2006-2007. Ms. Greco 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. "MOTION TO APPROVE RESOLUTION NUMBER 2006-49 ESTABLISHING THE TENTATIVE BUDGET FOR FISCAL YEAR 06-07." MOTION BY COMMISSIONER McGINNIS. SECONDED BY DEPUTY MAYOR BLAKE. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 11, 2006 PAGE 3 OF 24 .:..:. AGENDA NOTE: THE FOLLOWING NEW "ADD-ON" (NOT NOTED ON THE AGENDA) WAS DISCUSSED NEXT, AS DOCUMENTED. .:..:. REGULAR AGENDA REGULAR Office Of The City Manager ADD-ON Discussion On The Town Center. City Manager Ronald W. McLemore said, "Commissioners, we hate to pull a situation with you where we have to do an Add-On when we didn't even have time to write up anything, but we've been involved in a situation with our Developer of the Town Center, James Doran, this afternoon that went up to probably about an hour ago. Due to its potential financial impact on the Developer, and it being a matter of urgency, we're asking to bring this to you tonight for consideration." Manager McLemore continued, "The issue involves a couple of design issues on Building 4 in your Town Center, which is ready, or getting ready now, for construction. This project needs to move ahead to stay in step with its financing. The issues involved deal with principally two (2) things; one is the corridor between the two (2) buildings, Building 3 and Building 4; and then the issue of the construction of the columns on the front of Building 4. This is the issue in a capsule form. Back in 2005, prior to September, in review of preliminary plans, the Commission designated a requirement for separation of these two (2) buildings at twenty feet and one inch (20' 1 "). In subsequent approvals, the Commission in September 2005, agreed to a set of building plans or Concept Plans - Aesthetic approval of the building plans and in that plan there was some encroachments into that pass-through between two (2) buildings. It involved an enclosure for a stairwell and a small part of the building in the rear. Those particular plans when they were reviewed did not provide detailed measurements on the width of the corridor or the passageway. They were approved by the City Commission and approximately four (4) or five (5) days later, we received Final Engineering Plans which did in fact represent that the passageway was twenty feet (20'). wide." Manager McLemore continued, "So we have a conflict between your original requirement, the building that was approved in Aesthetic Review, and then the Final Engineering. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER I I, 2006 PAGE 4 OF 24 So, we worked all this afternoon to come up with a solution, one which I think is viable and it works for all parties. And it basically includes a couple of minor enhancements to Building 4 which includes putting back in that plan a doorway on the interior side of the building which would actually face the passageway. And - not replacing, but putting back into the plan, in the rear of the building, a window area to increase the amount of display area into the passageway or pass through." Manager McLemore added, "Additionally, there was a couple of minor landscape issues and also in agreement between us and the Developer that as you know, we expanded the sidewalks in the first phase from the Buildings 1 and 2 and our intent is to carry that expansion of those sidewalks down the street. The Developer wants us to acknowledge that he is willing to do that as long as we provide him the loss spaces credit in his future parking requirements. There are probably eight (8) parking spaces that would be lost based on just a quick look. Doesn't have a huge impact and is certainly subject to further negotiations of where those might be placed. But the main thing here is we need to move ahead. And there's nothing in this that creates any substantial harm to the Town Center. Some of the things we did this afternoon probably enhances the passageway a little bit. But, because the Final Engineering was approved by the Commission showing the twenty feet (20') of width, you would have to Approve or Amend that change as we've set out to you tonight. Any questions?" Discussion. Manager McLemore said, "Now I believe, Shane (Doran, James Doran Company), if you'll substantiate this, I believe your building is sold out, isn't it? It's ready to go." Mr. Shane J Doran, Senior Vice President, James Doran Company, 216 Seven Farms Drive, Suite 200, Charleston, South Carolina: said, "Yes it is." Manager McLemore asked, "Briefly, it's how many condominiums units and then how many square units?" Mr. Doran said, "Forty-one (41)." Manager McLemore said, "Forty-one (41) units and the retail of... Mr. George D. Tullos, James Doran Company, 216 Seven Farms Drive, Suite 200, Charleston, South Carolina: responded,".. . Roughly 7,000, just under - 6,800." Manager McLemore said, "These workovers are the ideal kind of Town Center New Urbanism type of building and really it's going to be a real asset to the Town Center. And, as I said, the minimum changes in the passageway really don't do a lot of harm and so I would highly suggest we move ahead with this and let them start building. I think they're ready tomorrow." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER I I, 2006 PAGE 5 OF 24 Mr. Tullos stated, "What that doesn't reflect is that is just a building footprint plan from a civil drawing. The architectural shows you the stairwell that's enclosed, it actually bumps in there. It also shows the screen wall that we're providing to hide some electrical equipment." Commissioner Donald A. Gilmore asked, "Is there an elevator in here also?" Mr. Tullos said, "There is, but that's in the central lobby, not affected." Continuing, Mr. Tullos said, "That's the end of the building that is in question between 3 and 4. That is the end of Building 4, the south end. And that's the drawing the elevation that was in the approval package back in [20]'05." Manager McLemore inquired, "And this is the enclosed stairwell?" Mr. Tullos said, "That's correct." Mr. Tullos added, "At the back of the building, it's eighteen (18) and where the stairwell is, it's sixteen and a half (16 ~)." Manager McLemore said, "Actually, I really think the little enhancements we made in here, is really going to make it a nice place." Discussion. Regarding the window, Mr. Tullos said, "That was just a window unit and no longer a door. We're going to put the door back in there. This is Tuscawilla [Road] that's running out here. This back has a door, but it has a Hardie Panel around it, so it was a solid door. We're just going to go full glass storefront there, in that section and remove the door. You still have to move the door to the back of the house, you've got to have a rear entry, you know, for deliveries, etc - but it creates a nice display window as your coming through the passage area." Manager McLemore said, "That last piece, you said we have to put a door in the rear?" Mr. Tullos said, "You've got to have a rear access there, to get in that space." Mr. Doran said, "For Code, I think." Mr. Tullos said, "So we'll just have to move it to the back which is where the parking lot is." Manager McLemore said, "Well, we did a solid door on the other buildings." Mr. Tullos said, "We'll do a solid louvered door. We're just moving the door that's there, to there." Deputy Mayor Michael S. Blake asked, "And what does this represent?" Mr. Tullos said, "What we're looking at doing, is coming off of the wall here, on either side with a section of powder coat aluminum black wrought-iron looking fence anchored by a brick podium that would house probably a nice pot on top, planter; and what it does is create the back side. " CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER I I, 2006 PAGE 6 OF 24 Furthermore, Mr. Tullos remarked, "If you looked at this as a square - we were looking for a way to kind of delineate kind of the back ninety degree angles, creating that full square." Deputy Mayor Blake said, "So we're actually making this even smaller than the sixteen and a half feet (16' W') by putting in this fixture and this fixture." Mr. Tullos noted "If it were clear, you'd see that we don't make it smaller, we'll stop it right at the edge of the current protrusion into the twenty point one (20.1). It won't come beyond that. You'll still have the sixteen and a half (16 1/2)." Deputy Mayor Blake asked, "Is there any connectivity between this Building 4 and Building 3 over here?" Mr. Tullos said, "There's not." Deputy Mayor Blake said, "There's not going to be an archway or anything like that?" Mr. Tullos said, "No." Commissioner Joanne M. Krebs asked, "Do you want one?" Mr. Tullos said, "Not really, no. The distance is too far to span, you start getting into all kinds of structural issues." "I MOVE THAT WE ACCEPT THE DESIGN MODIFICATIONS PRESENTED TONIGHT FOR BUILDING 4." MOTION MADE BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. MANAGER McLEMORE SAID, "I JUST WANT TO MAKE SURE IN THE RECORD, THIS IS GOING TO BE A SOLID DOOR MARKED 'FOR EMPLOYEES ONL Y' OR 'FOR STORAGE ONL Y', SOMETHING LIKE THAT." MR. TULLOS SAID, "IT'LL BE SIMILAR TO THE REAR OF BUILDING 2." MAYOR BUSH SAID, "AND THE MOTION - THE MANAGER ELIMINATED THE WIDENING OF THE SIDEWALK AND THE PARKING SPACES THAT WOULD BE REMOVED, WOULD BE CREDITED TO THEM FOR FUTURE..." COMMISSIONER McGINNIS SAID, "...WHICH I BELIEVE WAS EIGHT (8)." MAYOR BUSH SAID, "WELL, THEY DON'T KNOW. THEY SAID APPROXIMATELY EIGHT (8). SO THE MOTION WILL INCLUDE THOSE." DEPUTY MAYOR BLAKE SAID, "TALKING ABOUT THE PARKING, I UNDERSTOOD AND BOUGHT INTO THE ARGUMENT UP CLOSER TO [STATE ROAD] 434, WHY IT WAS IMPORT ANT TO GIVE UP A FEW SPACES IN ORDER TO HAVE P ARALLEL PARKING AND A WIDER SIDEWALK. WHAT ARE THE EXPECTED RETAIL USES IN THESE THREE (3) SLOTS?" MR. TULLOS SAID, "HARD TO SAY AT THIS POINT, COMMISSIONER. THOSE ARE RETAIL CONDOMINIUMS. IT'S VERY LIKELY THAT YOU'LL SEE A MIXTURE OF RETAIL AND MAYBE QUASI-OFFICE." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER I 1,2006 PAGE 7 OF 24 MR. DORAN SAID, "THE RESIDENTIAL ONES ARE SOLD. WE HAVE TWO (2) OF THE RETAIL CONDOS RESERVED. I THINK ONE'S BY A TITLE COMP ANY. THE OTHER TWO (2) ARE NOT SOLD. IT'S THE RESIDENTIAL ONES THAT ARE." DEPUTY MAYOR BLAKE SAID, "AND SO, BASICALLY THOUGH - SLIGHTLY DIFFERENT TYPE OF USE THEN WHAT YOU MIGHT EXPECT ACROSS THE STREET OR UP CLOSER TO [STATE ROAD] 434 IN TERMS OF RESTAURANT TRAFFIC OR, THESE ARE BACK OFF JUST A LITTLE BIT, THIS IS BUILDING 4, IT'S THE FOURTH BUILDING OFF OF [STATE ROAD] 434. I AM WONDERING, JUST HOW IMPORT ANT IT REALLY IS TO CONTINUE WITH AN EXTRA WIDE SIDEWALK HERE VERSUS GIVING UP THE ANGLED-IN PARKING. I THINK I WOULD LIKE TO SEE THE ANGLED-IN PARKING." MANAGER McLEMORE SAID, "IT'S REALLY ESSENTIAL THAT WE WIDEN THE SIDEWALK. EVEN IF YOU WERE OUT FRIDAY NIGHT, YOU COULD SEE PEOPLE JUST ALL OVER THE SIDEWALKS." DEPUTY MAYOR BLAKE SAID, "NOT HERE?" MANAGER McLEMORE REMARKED, "I KNOW, BUT IT IS GOING TO BE I HOPE, THE SAME SITUATION FOR THIS NEXT BLOCK. NOW ONCE WE GET BEYOND THAT NEXT BLOCK, IT IS NOT AN ISSUE. BUT IT'S REALLY IMPORTANT ON MAIN STREET, AND I'M TALKING ABOUT MAIN STREET, TO HAVE VERY WIDE SIDEWALKS, BECAUSE REMEMBER, IT'S A PLACE. THE WHOLE THING IS TO MAKE IT A PLACE." MANAGER McLEMORE SAID, "THESE COLUMNS HERE, YOU HAVE SIX (6) AND EIGHT FEET (8') OF SPACE BETWEEN THE EDGE OF THAT COLUMN TO THE BACK OF THE EXISTING CURB." DEPUTY MAYOR SAID, "CURRENTLY WITH THE P ARALLEL PARKING?" MANAGER McLEMORE SAID, "RIGHT. BUT WHEN WE EXPAND IT OUT, YOU'LL HAVE FOURTEEN FEET (14'), I BELIEVE IT IS; AND YOU'LL HAVE ROOM FOR TABLES AND HOPEFULLY THE KIND OF CROWDS AND EVENTS THAT WE REALL Y WANT." FURTHER DISCUSSION. "I WOULD LIKE TO AMEND THE MOTION TO REMOVE THE PARKING COMMENTS AND RETAIN THE ANGLED-IN PARKING." MOTION MADE BY DEPUTY MAYOR BLAKE. MOTION DIED FOR LACK OF A SECOND. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER II, 2006 PAGE 8 OF 24 MAYOR BUSH SAID, "YOU WERE PREPARED TO DO THE ANGLE PARKING?" MR. DORAN SAID, "I AM VERY HAPPY WITH THE ANGLE PARKING - IN THE SPIRIT OF COOPERATION, TO GET THINGS MOVING, I WAS GOING TO ALLOW IT TO BE PARALLEL BUT TO GET CREDIT - I DON'T THINK IT WOULD BE FAIR THAT I NOT GET CREDIT FOR THE LOSS. " VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTYMAYORBLAKE: NAY COMMISSIONER GILMORE: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE FOLLOWING 'PUBLIC INPUT' AND REGULAR AGENDA ITEM '303' WERE DISCUSSED NEXT, IN THE ORDER DOCUMENTED. .:. .:. PUBLIC INPUT Ms. Lois Smith, 803 Tomlinson Terrace, Lake Mary, Florida: Mayor Bush stated, "Lois Smith is in favor of retaining the Dog Park in Central Winds, but does not wish to address the Commission." Mr. Bob Rucci, 973 Turkey Hollow Circle, Winter Springs, Florida: thanked Manager McLemore for his assistance; spoke on the past six (6) months and recent actions of the City Commission; and recommended keeping the Dog Park at Central Winds Park. Commissioner Robert S. Miller arrived at 7: 1 0 p. m. Mr. Gregory Ferraro, 307 Cello Circle, Winter Springs, Florida: as the Vice President of "Friends of Leash Optional Parks", Mr. Ferraro spoke on merits of Central Winds Park as the location for this Dog Park. Ms. Loretta A. Ames, 150 Third Street, Winter Springs, Florida: Mayor Bush stated, "Loretta Ames is also in favor, but does not wish to address the Commission." Ms. Diane Ferraro, 307 Cello Circle, Winter Springs, Florida: Mayor Bush stated, "Diane Ferraro. You agree with her husband, and with Mr. Rucci." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 11,2006 PAGE 9 OF 24 Ms. Sarah Spragip, 774 Seneca Meadows Road, Winter Springs, Florida: commented on merits of dogs; asked if any of the City Commission were dog owners; and noted that she was in favor of Central Winds Park for the Dog Park location. Ms. Anna D. Filsinger, 442 Club Drive, Winter Springs, Florida: Mayor Bush stated, "Anna Filsinger is in favor, but does not wish to address the Commission." [Commissioner Sally McGinnis noted, "Her son dropped that off."] Mr. James A. Toredo, 442 Club Drive, Winter Springs, Florida: Mayor Bush stated, "James Toredo is in favor and does not wish to address the Commission." Ms. Leah Weisman, 113 Brookshire Court, Winter Springs, Florida: Mayor Bush stated, "Central Winds Park as well." Mr. William P. Jones, 501 Erica Way, Winter Springs, Florida: Mayor Bush stated, "William P. Jones - does not wish to address the Commission - is opposed to the Shepard Road location, is his opposition." Ms. Holly Heath, 501 Erica Way, Winter Springs, Florida: Mayor Bush stated, "Opposed to the Shepard Road location as well and does not wish to address the Commission. " Mr. William Payne, 510 Bentley Street, Oviedo, Florida: noted he was in favor. Mayor Bush remarked, "You are in favor of it at Central Winds [Park] as well." Mr. Payne stated, "Yes." REGULAR REGULAR 303. Parks And Recreation Department Requesting City Commission Direction Regarding Potential Sites, To Proceed With Further Evaluation For A Future Permanent Dog Park Location. Mr. Brian Fields, P.E., City Engineer, Public Works Department addressed the City Commission on potential related problems with Lake Jesup and the Dog Park location. Discussion. Tape 1/Side B Commissioner Krebs asked, "If the Dog Park was moved up closer to [State Road] 434, would it be less of an impact?" Mr. Fields said, "That would help. You could also look at doing a retention area around it. There's even - we did some research to point out to Chuck (Pula, Director, Parks and Recreation Department), one area in New York did almost a dog septic system to address this particular problem." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 11,2006 PAGE 10 OF 24 Much discussion. "I WILL MOVE THAT WE ASK STAFF TO WORK OUT THE NECESSARY PLANS TO PROVIDE FOR A PERMANENT DOG PARK LOCATED IN CENTRAL WINDS PARK." MOTION BY COMMISSIONER McGINNIS. COMMISSIONER McGINNIS ADDED, "NINETY (90) DAYS TO COME BACK WITH A PLAN." SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: NAY COMMISSIONER MILLER: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE FOLLOWING ADDITIONAL "PUBLIC INPUT" WAS DISCUSSED NEXT, AS DOCUMENTED. .:..:. PUBLIC INPUT Mr. Edward Martinez, Jr., 205 Little Creek Lane, Winter Springs, Florida: spoke of the upcoming Election, and suggested an educational class be held by the City Commission for Campaign candidates. Mr. Christopher Cannizzaro, 209 Hazelwood Court, Winter Springs, Florida: Mayor Bush stated, "He was in favor. He didn't wish to address the Commission. I assume he was in favor of the decision as well." Dr. Neil R. Backus, 110 East Panama and 415 South Moss Road, Winter Springs, Florida: Mayor Bush said, "Neil Backus, you are in favor of '203', but you do not wish to address the Commission." Mr. Steve Molnar, : representing the City of Winter Springs Professional Firefighters, Mr. Molnar spoke on the Cody Study and salaries. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 1 1,2006 PAGE 11 OF 24 .:. .:. AGENDA NOTE: THE FOLLOWING AGENDA ITEMS WERE DISCUSSED NEXT, IN THE ORDER DOCUMENTED. .:..:. AWARDS AND PRESENTATIONS AWARDS AND PRESENT A nONS 100. Not Used. REGULAR REGULAR 301. Public Works Department - Stormwater Division Requests The City Commission Review The Stormwater Utility Fee Adjustment Request By Michael D. Jones Of 560 Dunmar Circle Pursuant To Section 19-166. Of The City Code Of Ordinances. Mr. Kip Lockcuff, Director, Public Works/Utility Department spoke on this Agenda Item. Mr. Damon A. Chase, Esquire, 250 International Parkway, Suite 250, Lake Mary, Florida: representing Mr. Mike Jones, Mr. Chase spoke for the Record about the lots near Mr. Jones' property. Discussion. Tape 2/Side A Further discussion. Mr. Mike Jones, 560 Dunmar Circle, Winter Springs, Florida: answered questions from his Attorney, Mr. Chase. Attorney Debra S. Babb-Nutcher stated, "If I could refer to Section 19-166., the Commission is only to be considering evidence that was provided when Mr. Jones was initially requesting his Adjustment request; and I am referring to 19-166. (a) (4) and therefore, this additional evidence is new evidence that has not been presented." Much discussion. "I MAKE A MOTION - WE TABLE THIS ITEM FOR TWO (2) WEEKS." MOTION BY COMMISSIONER MILLER. MOTION DIED FOR LACK OF A SECOND. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 11, 2006 PAGE 12 OF 24 Discussion. "MY MOTION WOULD BE TO DIRECT STAFF TO BRING BACK TO US AT THE NEXT CITY COMMISSION MEETING THIS COMPETENT SUBSTANTIAL EVIDENCE THAT WILL ALLOW US TO REST WITH THE DETERMINATION THAT STORMWATER FLOWS OFF OF MR. JONES' PROPERTY, INTO THE CITY'S SYSTEM AND THEREFORE, WE SHOULD CHARGE HIM OR WILL CHARGE HIM THE STORMWATER FEE THAT IS APPROPRIATE FOR HIS EQUIVALENT RESIDENTIAL UNIT OR A FINDING THAT IT DOES NOT FLOW OFF AND THEN WE WILL NOT CHARGE AS APPROPRIATE BASED ON A USER FEE AS ANY OTHER USER FEE THAT WE HAVE IN THE CITY." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER KREBS. DISCUSSION. ATTORNEY BABB-NUTCHER ADDED, "IF YOU ARE GOING TO BE GIVING ADDITIONAL TIME FOR MORE INFORMATION TO BE GATHERED, THAT WE GET SOME KIND OF COMMITMENT ON THE RECORD FROM MR. JONES THAT WE ACTUALLY HAVE THE ABILITY TO COME ON TO THE SITE TO MAKE THE INSPECTION." VOTE: DEPUTY MAYOR BLAKE: AYE COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Mayor Bush called a Recess at 8:55 p.m. Mayor Bush called the Meeting back to Order at 9:15 p.m. REGULAR 300. Public Works Department Requests The City Commission Validate The Staff Recommendation Finding Tuscawilla Square To Be Built In Substantial Accordance With The Final Engineering Plans And Authorize Reimbursement In The Amount Of $165,613.50 For Gary Hillery Drive Improvements. "I MOVE WE APPROVE ITEM '300' ALLOWING REIMBURSEMENT OF THE ONE HUNDRED SIXTY-FIVE THOUSAND, SIX HUNDRED THIRTEEN DOLLARS AND FIFTY CENTS ($165,613.50)." MOTION BY COMMISSIONER GILMORE. SECONDED BY COMMISSIONER KREBS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER I I, 2006 PAGE 13 OF 24 VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. REGULAR 302. Finance Department Requesting That The City Commission Authorize Staff To Delay Increasing The Delinquent Fee For Utility Customers Until The Formal System-Wide Rate Study Is Completed By The City's Consultant. It is Also Requested That City Commission Delay A Decision On The Televox Notification Service Until The Delinquent Fee Increase Can Be Readdressed. Mayor Bush stated, "Asking for a delay here." "I MOVE WE DELAY '302'." MOTION BY COMMISSIONER GILMORE. MAYOR BUSH REMARKED, "SECONDED BY COMMISSIONER MILLER." DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. Commissioner Gilmore stated, "1 said, 1 move we delay '302', what 1 really meant was 1 move we allow the delay as requested in '302'." Commissioner Krebs added, "That is what 1 interpreted." With no objections, Mayor Bush then said, "1 think everybody understood that." PUBLIC HEARINGS AGENDA (PART II) PUBLIC HEARINGS 202. Office Of The City Attorney And Community Development Department Requests That The City Commission Hold A Public Hearing To Adopt Ordinance Number 2006-11, Amending Chapter 9 Of The City Code, As It Relates To The Subdivision Process. Attorney Babb-Nutcher read Ordinance 2006-11 by "Title" only. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 11,2006 PAGE 14 OF 24 Tape 2/Side B Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. "I MAKE A MOTION THAT WE APPROVE ITEM '202'." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER KREBS. DISCUSSION. MAYOR BUSH NOTED, "FOR THE ADOPTION OF THIS ORDINANCE..." COMMISSIONER MILLER ADDED, "...2006-11." VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER MILLER: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. Manager McLemore returned to the Commission Chambers at 9:21 p. m. PUBLIC HEARINGS 203. Community Development Department Requests That The City Commission Approve The Heidish Lot Split, And Authorize Its Recordation. [Resolution 2006-47]. Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. Mr. John Baker, AICP, Senior Planner, Community Development Department spoke on this Agenda Item. Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER I I, 2006 PAGE 15 OF 24 Regarding the Mayor's power to Veto Ordinances and the previously approved Ordinance, Mayor Bush said, "I have no plans to Veto it." "I MAKE A MOTION THAT WE APPROVE THE LOT SPLIT FOR RESOLUTION 2006-47 - ALONG WITH THE RECOMMENDATIONS." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER McGINNIS." DISCUSSION. COMMISSIONER MILLER ADDED, "ALONG WITH THE RECOMMENDATIONS." MAYOR BUSH NOTED, "TO APPROVE WITH THE RECOMMENDATIONS AS STATED BY STAFF ON PAGE 3." VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 305. Office Of The City Clerk Requests That Mayor John F. Bush Or A Member Of The City Commission Make An Appointment To Fill A Vacancy On The Code Enforcement Board. Commissioner Krebs initially commented on this Agenda Item. Discussion. Commissioner Krebs stated, "I would like everyone to consider Ms. Laura-Leigh Wood for this appointment." Commissioner McGinnis commented, "When there is a vacancy, that the 1st Alternate would fill that slot." Commissioner Krebs added, "I brought that up, that Jim Pitts would go into that position, yes, and then Alternate '2' moves to Alternate '1' - and I was bringing her up for consideration in the position of Alternate '2'." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 11,2006 PAGE 16 OF 24 "I WILL MAKE THE MOTION THAT MR. PITTS MOVES UP TO FILL THE V ACANCY THAT LAURENT (PELLERIN) IS LEAVING AND MOVE ALTERNATE '2' TO POSITION ALTERNATE '1' AND LAURA-LEIGH WOOD TO POSITION ALTERNATE '2'." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. REGULAR 304. Parks And Recreation Department Presenting The City Commission With The Current Central Winds Park Master Plan For Consideration And Approval. Mayor Bush stated, "With the passing of '303', that kind of makes '304' - Staff has obviously not had time to include the Dog Park, so I think, 'Motion to Table'." "MOVE TO TABLE." MOTION BY COMMISSIONER GILMORE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. Commissioner Krebs said, "If we 'Motion to Table', as I understand it, it can still only stay on the Table for two (2) - Meetings." Mayor Bush added, "It can come back from the Table, then we can extend it." REGULAR 306. Office Of The City Manager Requesting The City Commission Consider Recommendations From The Pension Board Of Trustees Regarding The City's Pension Plan. Mr. Kevin Smith, Director, General Services Department addressed the City Commission on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 11,2006 PAGE 17 0F 24 "MOVE TO APPROVE." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: NAY COMMISSIONER McGINNIS: AYE MOTION CARRIED. CONSENT AGENDA CONSENT 400. Community Development Department - Urban Beautification Services Division Requesting Authorization To Enter Into A Contract Agreement For Landscape Maintenance Services For Tuskawilla Road And The Oak Forest Wall And Beautification District With Annan Landscape Company. No discussion. CONSENT 401. Community Development Department - Urban Beautification Services Division Requesting Authorization To Enter Into A Contract Agreement For Landscape Maintenance Services For The State Road 434 Rights-Of-Way, Medians, And Ponds. There was no discussion on this Agenda Item. CONSENT 402. Public Works Department Requests The City Commission Validate The Staff Recommendation Finding The Highlands Apartments To Be Built In Substantial Accordance With The Final Engineering Plans And To Accept The Potable Water And Sanitary Sewer Infrastructure For Ownership And Maintenance. This Agenda Item was not discussed. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 11,2006 PAGE 18 OF 24 CONSENT 403. Information Services Department Requests Authorization To Dispose Of Surplus Assets According To The Attached Disposition Sheets. No discussion. CONSENT 404. 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). There was no discussion on this Agenda Item. CONSENT 405. Parks And Recreation Department Requesting The City Commission To Authorize The City Manager To Apply For A Recreational Development Assistance Program Grant For Central Winds Park On Behalf Of The City Of Winter Springs. This Agenda Item was not discussed. CONSENT 406. Parks And Recreation Department Requests Authorization To Accept The Proposal From Miracle Recreation Equipment Company To Purchase And Install A Large Replacement Playground And Rubber Surfacing In The Back Of Central Winds Park. No discussion. CONSENT 407. Information Services Department Requests Authorization To Municipal Code Corporation For LaserFiche Maintenance And Support In The Amount Of $18,014.50. There was no discussion on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 11, 2006 PAGE 19 OF 24 CONSENT 408. Utility Department Requesting Approval For The Construction Of A Support Structure For The New Sludge Thickening Equipment At The West Wastewater Treatment Facility With Unlimited Welding, Inc. At A Cost $24,527.00. This Agenda Item was not discussed. CONSENT 409. Community Development Department - Urban Beautification Services Arbor Division Requesting Approval For The Installation Of Canopy Trees Along Moss Road To Mitigate Tree Removals At The Saratoga Condominiums Site. Commissioner McGinnis spoke for the Record on the merits of what Metropolis Homes is doing and suggested they be commended. CONSENT 410. Office Of The City Clerk Requesting Approval Of The August 23, 2006 Special City Commission Meeting Minutes. No discussion. CONSENT 411. Office Of The City Clerk Requesting Approval Of The August 28, 2006 Regular City Commission Meeting Minutes. There was no discussion on this Agenda Item. "MOVE TO APPROVE" CONSENT AGENDA. MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 11,2006 PAGE 20 OF 24 INFORMATIONAL AGENDA INFORMATIONAL 500. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. There was no discussion on this Agenda Item. INFORMATIONAL 501. Public Works Department Advising The City Commission Of The Status Of Various Capital Improvement Projects. This Agenda Item was not discussed. INFORMATIONAL 502. Office Of The City Clerk Wishes To Inform The City Commission Of The Candidates That Have Qualified For The November 7, 2006 City Of Winter Springs Municipal Election. No discussion. INFORMATIONAL 503. Information Services Department Wishes To Inform The City Commission Of Upcoming Launch Of Our New Winter Springs Website On September 15th, 2006. There was no discussion on this Agenda Item. "I MAKE A MOTION WE APPROVE THE INFORMATIONAL AGENDA." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 11,2006 PAGE 21 OF 24 REPORTS REPORTS 600. Office Of The City Attorney - Anthony A. Garganese, Esquire Attorney Babb-Nutcher stated, "No Report." REPORTS 601. Office Of The City Manager - Ronald W. McLemore No Report. REPORTS 602. Office Of The City Clerk - Andrea Lorenzo-Luaces, CMC City Clerk Andrea Lorenzo-Luaces remarked, "The Workshop that you want to all have on the 27th [of September, 2006] with the Board of Trustees, is that going to be a City Commission Workshop or is that going to be Board of Trustees Workshop?" Mayor Bush noted, "I think it is a City Commission Workshop with the Pension Board." REPORTS 603. Commission Seat Three - Donald A. Gilmore Commissioner Gilmore asked for an update on the median removal for State Road 434. Mr. Brian Fields, City Engineer, Public Works Department addressed this issue. Deputy Mayor Blake returned to the Commission Chambers at 9:37 p.m. Commissioner Gilmore then asked about the paving of Winter Springs Boulevard. Mr. Fields spoke on this issue. Then, Commissioner Gilmore asked, "Is there any update on the Dyson sidewalks?" Mr. Fields addressed this inquiry and stated, "Start construction 1 st of December. Completion is probably a four to six (4-6) month project." Mayor Bush asked, "Could we put that kind of information out on our Website and keep it updated?" Mayor Bush added, "Not the Agenda Item..." Mr. Fields said, "...On the Website. We can do that." Discussion ensued on a house that burned down on Deer Run and could anything be done to improve this situation. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 11,2006 PAGE 22 OF 24 REPORTS 604. Commission Seat Four - Sally McGinnis Commissioner McGinnis mentioned, "When you are driving out of the Town Center, onto [State Road] 434, from the interior of the Town Center, and you have to cross over the - Trail, the crosswalk, the sidewalk - there is a stop sign, there are two (2) stop signs. One is - because there is a pedestrian crosswalk. Then, just beyond that is another stop sign. . ." Manager McLemore remarked, "... In front of Publix?" Continuing, Commissioner McGinnis stated, "Yes, that is one of them - now, my concern is that there is just two (2) stop signs and the uninitiated may not realize it is actually a pedestrian crosswalk. I am saying, if we could consider a "'Pedestrian crosswalk' sign?" Manager McLemore said, "We will check on it." Commissioner McGinnis added, "It would explain why there are two (2) stop signs, side by side." Secondly, Commissioner McGinnis mentioned a meeting she put together regarding the Fairfax properties, and stated, "The City is going to be working with that group of people to help them deal with some of the problems with the appearance and the condition of that property." Thirdly, Commissioner McGinnis mentioned an email from the former Mayor of St. Cloud related to WiFi. REPORTS 605. Commission Seat Five - Joanne M. Krebs Commissioner Krebs spoke of a pet red-foot Tortoise placed on her property. REPORTS 606. Office Of The Mayor - John F. Bush No Report. REPORTS 607. Commission Seat One - Robert S. Miller Commissioner Miller commented on a group called the "Winter Springs Reform Committee" and remarked, "I thought it would be interesting to put on the Record what happened because now that the information is available, it turns out that there were seventeen (17) people that contributed to this. Only four (4) of them lived in the City of Winter Springs. The others lived as far away as Georgia. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 11,2006 PAGE 23 OF 24 They raised a total of eight thousand, one hundred dollars ($8,100.00) and only one (1) of every four (4) dollars of that eight thousand [dollars] ($8,000.00) came from Winter Springs. The rest of it came from outside of our City; came from as far away as Apopka and south Florida. They mailed out a total of 19,000 petitions, and they only got back two percent (2%). It looks like something less than about 250 signed ballots, total. I just wanted to put that on the Record because I think it is a very sad event when something like this was formed by some of our residents here in Winter Springs, one of whom actually was here earlier this evening and the intent was not an honorable intent; it was actually anti-American in my OpInIOn. It was one of those things that destroys people's faith in good government in the United States, and if we become like some of the other third world countries around the world because people continue to do this, I would not want to run for election in this City again if I had to confront things like that and I think there is probably a lot of other people that are going to reach the same conclusion; and that is very sad for democracy and our democratic form of government, which really is at the local level, where it is at the most viable and the most vibrant, and people - come in at the bottom and they move into State Government, County government and into the National level. America is going to be a much poorer country for things like this if they continue." REPORTS 608. Commission Seat Two/Deputy Mayor - Michael S. Blake No Report. .:..:. AGENDA NOTE: THE FOLLOWING REPORT WAS DISCUSSED NEXT, AS DOCUMENTED. .:..:. REPORTS REPORTS 606. Office Of The Mayor - John F. Bush Mayor Bush stated, "I appreciate Captain (Glenn) Tolleson, (Police Department) following up on that retention pond there at Moss [Road] and [State Road] 434." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 11,2006 PAGE 24 OF 24 ADJOURNMENT Mayor Bush adjourned the Regular Meeting at 9:51 p.m. RESPECTFULLY SUBMITTED: DANIELLE HARKER, ASSISTANT TO THE CITY CLERK AND APPROVED:' ,134 H NOTE: These Minutes were approved at the September 25, 2006 Regular City Commission Meeting,