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HomeMy WebLinkAbout2005 10 24 Consent 206 CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING OCTOBER 10, 2005 CALL TO ORDER The Regular Meeting of Monday, October 10, 2005 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, arrived at 6:36 p.m. Commissioner Robert S. Miller, present Commissioner Donald A. Gilmore, present Commissioner Sally McGinnis, present Commissioner Joanne M. Krebs, present City Manager Ronald W. McLemore, present City Attorney Anthony A. Garganese, arrived at 6:35 p.m. A moment of silence was followed by the Pledge of Allegiance. . AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 100. Not Used. PUBLIC INPUT Ms. Dorothy M Smith, 629 Nighthawk Circle, Winter Springs, Florida: as the President of the Central Florida Women's Army Corp of Veterans Association, Ms. Smith presented information related to "Freedom Team Salute" and asked that City employees who are Army vets be recognized. City Attorney Anthony A. Garganese arrived at 6:35 p.m. Deputy Mayor Michael S. Blake arrived at 6:36 p.m. ~ ~tJ ~ t:::f CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 10,2005 PAGE 2 OF33 Mr. John Houston, 683 Benitawood Court, Winter Springs, Florida: spoke of the Budget; the resident who needed to replace a tree, which was discussed at the last Commission Meeting; and the water main discussion from a previous Commission Meeting. Mr. Edward Martinez, 205 Little Creek Lane, Winter Springs, Florida: spoke of the Tuscawilla Homeowner's Association's recent Election results; and the approved Millage. Mr. Martinez also mentioned problems on State Road 434 and said that if problems weren't taken care of in two (2) weeks, that he would contact the Department of Transportation. Additionally, Mr. Martinez mentioned a neighbor's problems with trees that need to be removed, and asked if an exception could be made. Mr. Mervin Warner, 673 Keuka Court, Winter Springs, Florida: as the newly elected President of the Tuscawilla Homeowner's Association, Mr. Warner mentioned the Tuscawilla Homeowner's Association's recent Election results and asked if there was going to be further phases related to the Tuscawilla Lighting and Beautification District. Discussion. Commissioner Joanne M. Krebs stated, "Replacement of trees doesn't necessarily mean replacing in your yard; but replacing the canopy; and I think Mayor that maybe we need to somehow communicate that to our citizens." Discussion. CONSENT AGENDA CONSENT 200. Community Development Department - Urban Beautification Services Division Requesting Authorization To Enter Into A Contract Agreement For Landscape Maintenance Services For The Cross Seminole Trail, Town Center District. Brief discussion. CONSENT 201. Fire Department Requests City Commission Authorization To Enter Into An Interlocal Agreement With The Central Florida Fire Academy. Discussion. ~ ~ ~ ~ ~ '=' CITY OF WINTER SPRINGS, FLDRIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 10,2005 PAGE 3 OF 33 CONSENT 202. Parks And Recreation Department Requesting The City Commission To Authorize The City Manager To Execute The Agreement Between The City Of Winter Springs And The Scottish American Society Of Central Florida, Inc. This Agenda Item was not discussed. CONSENT 203. Public Works Department Requests The City Commission Consider And Approve Several Minor Modifications To The Final Engineering And Landscape Architecture Plans For Jesup's Landing. The Planned 185-Unit Townhome Site Is Located On 17.15 Acres In The Town Center On The South Side Of Orange Avenue. The Modifications Consist Of: 1) Relocation Of The Lift Station; 2) Landscaping Additions To Compensate For The Loss Of Two Large Oak Trees; And 3) Site Amenity Additions Which Received Aesthetic Review Approval On September 26, 2005. Brief discussion. CONSENT 204. Not Used. CONSENT 205. Police Department Requests That The City Commission Approve A Supplemental Appropriation Of $12,000.00 Which Has Been Offset By The Receipt Of $12,000.00 Of Grant Revenue (FY (Fiscal Year) 05)) For The Purchase Of The 28 Foot Enclosed Trailer For The Community Service Bureau. Brief discussion. CONSENT 206. Public Works Department Requesting City Commission Approval To Enter Into A Contract For Professional Engineering Services For The Design Of Winter Springs Boulevard Improvements, Phase I, Segment 3 From Howell Creek To The Oviedo/Winter Springs City Limits. Commissioner Donald A. Gilmore commented that, "The section between Northern Way and Tuskawilla Road is breaking up fast. If we have to resurface that, are we going to be able to do it, or is this going to be a patch job for the next couple of years?" CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 10,2005 PAGE 4 OF 33 Mr. Brian Fields, P.E., City Engineer, Public Works Department responded, "Hopefully we can do all three (3) segments within the next several years." Commissioner Gilmore added, "There is a section about - roughly a hundred yards - west of Northern Way that just is developing pothole after pothole in there, so I think you need to keep your eye on that one section. I am not sure you are going to make it two (2) years." Deputy Mayor Blake said, "That first section as Commissioner Gilmore mentioned, starting at Tuskawilla Road and all the way up to just past the Country Club I think, there are numerous sections in there - or down through there where there is no pavement; roots are coming up; there are all sorts of issues, and I would very much be in favor of starting from the other end - if you will; starting from Tuskawilla Road. And if we have, whatever - thousand dollars it is, that is available - to use those funds to do whatever reconstructive work is necessary up front first." Deputy Mayor Blake added, "I would like to see it come back." With further discussion, Deputy Mayor Blake spoke for the Record on the location. Commissioner Gilmore noted, "I really think we need to look not at, how much are we going to get down in new pavement, in lineal feet, but take care of the worst section at first. " Discussion. Deputy Mayor Blake remarked, "I would like to have this pulled off the Consent Agenda for separate consideration." Mayor Bush then noted, "We will take '206' up under the Regular Agenda." CONSENT 207. Public Works Department - Stormwater Division Requests Authority From The City Commission To Enter Into An Agreement With MSE Systems To Provide Emergency Construction Services For The Erosion Control And Bank Stabilization Improvements At Gee Creek Located At Several Properties In Hacienda Village In The Amount Of $71.200.00. There was no discussion on this Agenda Item. CONSENT 208. Information Services Department Requests Authorization To Dispose Of Surplus Assets According To The Attached Disposition Sheets. No discussion. ~ ;:g ~ t:::=- CITY OF WINTER SPRINGS, FWRIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 10,2005 PAGE 5 OF 33 CONSENT 209. Public Works Department Requesting Approval Of Change Order To Increase The Contract Amount For Doran Drive And SR (State Road) 434 Intersection Improvements. Brief discussion. CONSENT 210. Office Of The City Clerk Requesting Approval Of The September 26, 2005 Regular City Commission Meeting Minutes. There was no discussion on this Agenda Item. CONSENT 211. Office Of The City Manager Requesting The City Commission To Approve Labor Council Akerman And Senterfitt Rate Increases. Brief discussion. "I WILL MAKE A MOTION THAT WE APPROVE THE CONSENT AGENDA WITH THE EXCEPTION OF '206'." MOTION BY COMMISSIONER MILLER. MAYOR BUSH ADDED, "SECONDED BY COMMISSIONER KREBS." DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER GILMORE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTYMAYORBLAKE: AYE MOTION CARRIED. INFORMATIONAL AGENDA INFORMATIONAL 300. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. Commissioner Krebs noted on "Page 4 - on Building 2, I don't see that that party store and the - Chiropractic even listed. I am wondering if we are missing anything else?" ~ ;-g ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 10,2005 PAGE 6 OF 33 Discussion. INFORMATIONAL 301. Public Works Department Providing Information To The City Commission Regarding Residential And Commercial Parking Guidelines. Discussion. Commissioner Sally McGinnis stated, "I would like to have it come back in some form." Mayor Bush asked, "Come back as an Agenda Item or a Workshop?" Commissioner McGinnis noted, "It could be a Workshop." Commissioner Krebs said, "If you want to have a Workshop on it, I will be willing to do it." Deputy Mayor Blake said, "I think this would be ideal as a piece to perhaps what we are going to talk about next week." Mayor Bush noted, "So a separate Workshop to address this Item Commissioners is what I am hearing?" Commissioner McGinnis stated, "Yes." Commissioner Miller said, "Okay." No objections were noted. Discussion ensued on dates for such a Workshop. Tape I/Side A With discussion, Mayor Bush stated the date for this Workshop would be "November 8th - Tuesday." Regarding the time, Deputy Mayor Blake suggested that, "6:30 [p.m.] would be best." Commissioner McGinnis noted, "6:30 [p.m.]." No objections to this were noted. Mr. Fields then asked the City Commission, "Is there any additional information that the Commission would like to see that is not included here." Deputy Mayor Blake said, "We want solutions." Mayor Bush suggested, "Commissioner's, if you have some input on this before the Meeting - contact the Manager or Brian [Fields] and let them know, in plenty of time." Mayor Bush summarized the Workshop would be held on "November 8th, then at 6:30 [p.m.]." Deputy Mayor Blake remarked, "This will include a discussion of garage funding sources - potential garage funding sources?" City Manager Ronald W. McLemore stated, "Absolutely." ~ aJ ~ t= CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 10,2005 PAGE 7 OF 33 INFORMATIONAL 302. Fire Department And Finance Department Wish To Update The City Commission On The Status Of Reimbursements Submitted To The Federal Emergency Management Agency (FEMA) And The State Of Florida Regarding The 2004 Hurricanes: Charley, Frances And Jeanne. This Agenda Item was not discussed. INFORMATIONAL 303. Parks And Recreation Department Notifying The City Commission That The Winter Springs Senior Center And Civic Center Telephone Numbers Will Change Effective November 1,2005. Brief discussion. INFORMATIONAL 304. Office Of The City Manager Advising The City Commission Of Updated Information Of The (T.L.B.D.) Tuscawilla Lighting And Beautification District Phase II Straw Ballot. With discussion on the delivery of the ballots, Commissioner Robert S. Miller stated, "I don't want this to happen again on my watch. So, if we have to send prepaid envelopes next time, I think we need to do that." Commissioner Krebs noted, "I agree." Further discussion. Deputy Mayor Blake left the dais at 7:28 p.m. INFORMATIONAL 305. Public Works Department Advising The City Commission Of The Status Of The Vehicular Travel Lane Striping Program. Commissioner Gilmore said to Mr. Kip Lockcuff, P.E., Director, Public Works/Utility Department, "Is it your intent to hold off doing any striping until after all of Winter Springs Boulevard is finished - or just guide me as to what your intent is?" Commissioner Gilmore added, "But you will paint it? Okay, Good. I have a comment on the Thermoplastic and that is, that that is a slippery substance when it gets wet." Commissioner Gilmore added, "I would certainly not recommend Thermoplastic being parallel to the travel lanes." 4 ..;.,:1 i~;.',~ ~g~~.:.. .... 11~"d ~'"X2 c:::. ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 10,2005 PAGE 8 OF 33 Commissioner Miller then said, "I have seen paint manufacturers, Kip [Lockcuff] where they put - some kind of like a sand, very fine sand into the paint." Commissioner Miller added, "Would that be a solution here, or would that mess up the spray guns?" Mr. Lockcuffnoted, "We can check." Discussion ensued with Mr. Lockcuff on this issue, to which Mayor Bush said, "Are the other Commissioners in agreement that this should be looked into?" Commissioner Krebs stated, "I am." Commissioner McGinnis said, "Yes." No objections were voiced. Mayor Bush said this Agenda Item will be "Brought back at a later date." With further discussion, Mayor Bush said, "Next Meeting Kip [Lockcuff]." INFORMATIONAL 306. Public Works Department Advising The City Commission Of The Status Of Various Deceleration Lane Projects. No discussion. INFORMATIONAL 307. Public Works Department - Stormwater Division Advising The City Commission On The Street Sweeping Program Of The City. This Agenda Item was not discussed. INFORMATIONAL 308. Public Works Department Advising The City Commission Of The Status Of Various SR (State Road) 434 Sidewalk Modifications. This Agenda Item was not discussed. INFORMATIONAL 309. Public Works Department - Stormwater Division Advising The City Commission On The Street Sweeping Program Of The City. No discussion. .f._::if,:;~:: ~:~~:~;j i:l"""d .=cI ~ t::::f CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 10, 2005 PAGE 9 OF 33 "MOTION TO APPROVE THE INFORMATIONAL AGENDA." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. COMMISSIONER MILLER ADDED, "THAT WE WILL HAVE A WORKSHOP ON IT - '305'." DISCUSSION. VOTE: COMMISSIONER McGINNIS: NAY COMMISSIONER KREBS: AYE COMMISSIONER MILLER: NAY COMMISSIONER GILMORE: NAY Deputy Mayor Blake returned to the dais at 7:35 p.m. DEPUTY MAYOR BLAKE: NAY MOTION DID NOT CARRY. .:..:. AGENDA NOTE: THE FOLLOWING INFORMATIONAL AGENDA ITEMS WERE DISCUSSED NEXT, IN THE ORDER AS NOTED, FOLLOWED BY ANOTHER VOTE ON THE INFORMATIONAL AGENDA, AS DOCUMENTED. .:. .:. INFORMATIONAL AGENDA INFORMATIONAL 309. Public Works Department - Stormwater Division Advising The City Commission On The Street Sweeping Program Of The City. Discussion ensued with Mr. Lockcuff on street sweeping. Mayor Bush asked, "How often do we do [State Road] 434?" Mr. Lockcuff said, "Not at all." Mr. Lockcuff added, "You cannot run down the street with a street sweeper - on a State Highway - without a protective device behind it. So, we can check and see if they will allow us." Mayor Bush said, "I think we should." Furthermore, Mayor Bush remarked, "Maybe next Budget year - that would be something that you would add to your Budget for the Commission's concern. " INFORMATIONAL 308. Public Works Department Advising The City Commission Of The Status Of Various SR (State Road) 434 Sidewalk Modifications. Discussion. ~ ;3 = '=' CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 10,2005 PAGE 10 OF 33 Commissioner Miller noted, "I asked last Commission Meeting about a left turn lane light on State Road 434 into Moss Road and was told that they had done all the Traffic Studies and - it didn't automatically justify a Warrant to do that; and yet, when you are going east bound on [State Road] 434 and you get to Hayes Road, there is a sign up there that says no u-turn - and there is a light up there that has a green arrow on it for a left turn, and there is no place to go; so now that this point has been raised here this evening - I noticed that it may be dangerous to drive across the median and hit a tree, but they don't seem to have any problem at all with putting these huge poles within two feet (2') of a roadway." Then, Commissioner Miller suggested that "We submit a formal complaint to DOT [Department of Transportation] and ask them to move all these traffic poles beyond the sidewalk where they really ought to be." Deputy Mayor Blake stated, "I do agree that we should pursue making it absolutely clear to DOT [Department of Transportation]." Deputy Mayor Blake added, "I am in agreement." Commissioner Krebs then said, "I agree with you Commissioner Blake and Commissioner Miller." Furthermore, Commissioner Krebs noted, "I think we need to let them know, and I think we need to write a stern letter, and then I also think we need to do something if we have to acquire that land for whatever it is, to make it right. And also, that turning lane at Hayes Road, for three (3) Friday nights in a row, there were people making that left hand turn - they were making a u-turn is what they were doing; but they couldn't make the turn, so they actually put their car in reverse, backed up and then go." Mayor Bush noted, "I think we have Consensus on this." Further discussion. Manager McLemore said, "My recommendation to you is that we bring back to you at the next Meeting a Resolution - to send forward to DOT [Department of Transportation]." Commissioner McGinnis stated, "Okay. Good." Commissioner Gilmore also stated, "Okay." Mayor Bush remarked, "Is the Commission in agreement with the Resolution?" Commissioner Miller noted, "Yes. I would like to have photographs of every intersection where these things are." Deputy Mayor Blake added, "It needs to be a real photo with a human being in it, that shows true scale." "I WOULD LIKE TO MOVE WE ACCEPT THE INFORMATIONAL AGENDA WITH THE EXCEPTION OF ITEM '308' WHICH WE WANT BROUGHT BACK IN THE FORM OF A RESOLUTION TO THE STATE." MOTION BY COMMISSIONER GILMORE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. ~ i! = '===' CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 10,2005 PAGE II OF33 DEPUTY MAYOR BLAKE SAID, "THE MOTION DOESN'T ACCEPT ITEM '308'? ARE WE GOING TO ACT UPON THAT SEPARATELY?" MAYOR BUSH STATED, "I THINK WHAT HE SAID IN THE MOTION WAS THAT WE INCLUDE MAKING A RESOLUTION ON '308'..." COMMISSIONER GILMORE NOTED, "WHICH WE WANT BROUGHT BACK AS A SEPARATE RESOLUTION TO THE STATE." MANAGER McLEMORE SAID, "TWO (2) SEPARATE THINGS. YOU STILL APPROVE IT AS INFORMATIONAL, AND THEN APPROVE THAT AS A SEPARATE MOTION." VOTE: DEPUTY MAYOR BLAKE: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. Mayor Bush called a Recess. The Regular Meeting was called back to order at 8: 12 p.m. Tape 2/Side A PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 400. Community Development Department Requests The City Commission Consider A Waiver Request By Mansour "Max" Sabeti, Of Metropolis Homes, From Subsection 20-234. (5) Of The City's Code Of Ordinances (Code) To Allow Him To Proceed With Plans To Construct Residential Condominium Units On 9.1 Acres Within The C-l Zoning District (Site Is Behind The Bank Of America, With Frontage On Both SR (State Road) 434 And Moss Road) Without Providing 2 Garaged Automobile Parking Spaces For Each Unit. Mr. Mansour "Max" Sabeti, Metropolis Homes, 128 East Colonial Drive, Orlando, Florida: addressed the City Commission on this Agenda Item. ~ ~ J;I:I K" ~ ~ = t:::f CITY OF WINTER SPRINGS, FWRIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 10,2005 PAGE 12 OF 33 Regarding parking, Deputy Mayor Blake asked, "Will each of the spaces be assigned - that are covered, so some would have actually their parking would be across the field. . ." Mr. Sabeti responded, "... That's correct." Discussion. Deputy Mayor Blake then said to Mr. Sabeti, "Nothing we are doing tonight, just so that we are very, very clear, nothing that we are doing tonight addresses any aspect of the commercial portion of the project, to include building location - size, parking, each of those external treatments." Mr. Sabeti responded, "I believe that - why we're here before you at this point - so that we can proceed with our project - has to do with the garages, and the enclosed garages versus carports and so on. However, I think this is - a representation close to as far as the site is concerned; close to what would be coming forward. " Additionally, Deputy Mayor Blake remarked, "And any actions that the Commission would take, I am hoping that we are all on the same page, that just because there is a drawing that includes the commercial portion, includes a couple of buildings, in fact - those drawings have even listed square footage on the buildings, and has parking spaces planned out and shows the site plan here, that any action that we take tonight - as far as I am concerned that parcel- that part of the development doesn't yet exist." :';{~. ',~'.j,' ~t', ""'~;~ ."".c'....;.'.,q.,' ~ ~ '=' As to storage space, Mr. Sabeti remarked, "The units that we have, do have a small outside storage area associated with them - each one of the units - they're not obviously all on the first floor, but each unit has got an outside space associated with them; so there is some additional storage outside." Commissioner Miller asked Mr. Sabeti about the slope of the parking area rooflines, and Mr. Sabeti stated, "They have a slight slope, but it is not totally flat." Mr. Sabeti added, "It is a slight slope to get the water down to the gutters and that downspout will take care of the water." Commissioner Miller suggested to Mr. Sabeti, "If you put a slight slope on it, then put the same roof tile on it - as the roof of the building." Mr. Sabeti stated, "Certainly we would consider that Commissioner." Discussion ensued on storage. 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 - OCTOBER 10,2005 PAGE 13 OF 33 Commissioner Miller further inquired about the outside storage space and asked, "What is it, four by six feet (4' x 6')..." Mr. Sabeti noted, "...It is four by six feet (4' x 6') roughly..." Commissioner Miller then said to Mr. Sabeti, "It is going to be covered..." Mr. Sabeti remarked, "... Yes." Commissioner Miller then said, "And there will be one (1) for each tenant?" Mr. Sabeti responded, "That's correct." Discussion. "I MOVE THAT WE ACCEPT ALTERNATIVE NUMBER 2 RECOMMENDED BY THE STAFF WHICH GRANTS A WAIVER, ONE (1) SPACE PER UNIT; AND A CARPORT OF ONE (1) SPACE PER UNIT WITH AN OPEN SURFACE PARKING AREA." MOTION BY COMMISSIONER McGINNIS. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER GILMORE." DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: NAY DEPUTYMAYORBLAKE: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Commissioner Gilmore asked, "May we have a copy of your slide presentation to see how the finished product compares." Mr. Sabeti stated, "I will just leave it here." PUBLIC HEARINGS 401. Office Of The City Manager Requesting The City Commission Hold A Public Hearing For Second Reading And Adoption Of Ordinance Number 2005-30 Amending The City's Code Of Ordinances, Chapter 9, Article VIII, Impact Fees. Manager McLemore suggested this Agenda Item be postponed. With discussion, Deputy Mayor Blake remarked, "My concern is not really the transportation fees - my concern is in the Fire/Rescue area. If we happened to have an Assisted Living Facility or a Facility of that type, Retirement type facility, the impact that has specifically on our transport and - emergency response - is dramatically different that virtually any other type of use. Yet, we don't account for that or have anything in a provision here that would require that that impact - growth impact - pay its fair share on the additional capacity that would be required for just one facility of that sort." ~ ;g ~ gj CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 10, 2005 PAGE 14 OF 33 Manager McLemore stated, "We can address it." Furthermore, Deputy Mayor Blake stated, "I don't think that we're constructing the formula correctly if we just make it for residential use or commercial use to address that impact." Discussion. "I WOULD LIKE TO MAKE A MOTION THAT WE POSTPONE TEMPORARIL Y, THE PUBLIC HEARING FOR ORDINANCE NUMBER 2005- 30 UNTIL OCTOBER 17TH, 2005 AT 6:30 P.M., OR DURING THAT MEETING." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE DEPUTYMAYORBLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 500. Information Services Department Wishes To Present To The Commission The Consultants Report On "Communications Issues" With Respect To The City Communicating Effectively With Its Citizens And Elected Officials, And Requests Further Direction From The Commission On How It Wishes To Proceed With The Consultant's Recommendations. Ms. Joanne Dalka, Director, Information Services Director introduced this Agenda Item and the speaker. Mr. Peter Berry, Managing Director, Managing Director, Telecommunications, RCC Consultants, Inc. 2 Washington Street, Pelham, New Hampshire: addressed the City Commission on this Report. Tape 2/Side B Discussion. ~ ~ :;z:I ~ t:::I CITY OF WINTER SPRINGS, FLDRIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 10,2005 PAGE 15 OF 33 Deputy Mayor Blake left the Commission Chambers at 9:09 p.m. Further discussion. "I WOULD LIKE TO MAKE A MOTION TO GO WITH ITEM 2 AND - HAVE STAFF COME BACK WITH SOME MORE DETAILED PLANS ON HOW THIS IS GOING TO BE ACCOMPLISHED." MOTION BY COMMISSIONER MILLER. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER GILMORE." DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR BLAKE: AYE (PER COMMISSIONER MILLER WHO SAID FOR RECORD, "AYE") MOTION CARRIED. REGULAR 501. Office Of The City Manager Requesting The City Commission Adopt Resolution Number 2005-40, "The Initial Improvement Assessment Resolution And Maintenance Assessment Resolution For The Tuscawilla (Phase II) Assessment Area" And Set The Assessment Rate For The Phase II Project. Ms. Michelle Greco, Director, Finance Department spoke on this Agenda Item. Discussion. Deputy Mayor Blake returned to the Commission Chambers at 9:52 p.m. MOTION TO SET THE MAXIMUM ASSESMENT RATE AT SIXTY-FIVE DOLLARS ($65.00) - TO ADOPT RESOLUTION 2005-40 AND SET THE PUBLIC HEARING DATE FOR NOVEMBER 14TH [2005] AT 6:30 P.M. MOTION. SECONDED. DISCUSSION. ~ ~ :;:ICI ...--=.. ~ t:::' CITY OF WINTER SPRINGS, Fl.DRIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 10,2005 PAGE 16 OF 33 VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BLAKE: AYE MOTION CARRIED. Tape 3/Side A REGULAR 502. Community Development Department Requests That The City Commission, In Its Capacity As The DRC [Development Review Committee], Consider A Proposal Of The James Doran Company For Locating The First Floor Interior Partition (Distance From The Front Window To The Interior Partition) For The Doran Town Center Building 3 (Multi-Tenant 2- Story Building At The Northwest Corner Of Tuskawilla Road And Tree Swallow Drive) Closer To The Front Window Than Has Been The Policy Within The Town Center (15'). Mr. John Baker, AICP, Senior Planner, Community Development Department spoke on this Agenda Item. Discussion. "I MAKE A MOTION THAT WE APPROVE '502' WITH A CLEARANCE FROM THE FRONT WALL TO - THE STAIRWELL ON THE FIRST FLOOR OF NINE FOOT SIX INCHES (9' 6")." MOTION BY COMMISSIONER GILMORE. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: DEPUTYMAYORBLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. ~ ~ e ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 10,2005 PAGE 170F33 REGULAR 503. Community Development Department Requests The Commission Consider A Revised Conceptual Development Plan For A 106-Unit Town-House Development On 8 (Eight) Acres In The Winter Springs Town Center, Located On The South Side Of Orange Avenue, Immediately Adjacent To Tuskawilla Trace (East), The Trail (South), And Jesup's Landing (West). The Commission Approved A Similar Concept Plan (113-Unit Lincoln Park) By The Same Applicant For This Site On March 14, 2005. Mr. Baker presented his opening remarks on this Agenda Item. Commissioner Miller asked Mr. Baker about the name of this Project, to which Mr. Baker stated that this is "Artesian Park." Mr. David Veil, 8000 Canyon Lake Circle, Orlando, Florida: addressed the City Commission on neighboring property, this project, and presented photographs of similar projects. Deputy Mayor Blake asked, "What size internal space are these going to have?" Mr. Veit responded by saying, "These particular ones are between - just under eighteen hundred and twenty-three hundred square feet. - that's under air." Deputy Mayor Blake then inquired, "What kind of pricepoint are you looking at?" Mr. Veit stated, "We're - were going to target it - starting at one thirty-five ($135.00) a square foot and - with upgrades and we have got some lot premiums, that is probably - one-sixty five ($165.00) a square foot is what we're seeing; although from what we understand the market may be driving us up from there." Commissioner Gilmore asked, "Where is all of that water coming from?" Mr. V eit stated, "This is coming from the retention pond and basically we are just recirculating it from this end back up to this end." Commissioner Gilmore noted, "So you are pumping the water to get the - waterfall?" Mr. Veit remarked, "That is correct." Commissioner Gilmore then asked about the aeration. Mr. Veit added, 'This is our way to keep water from becoming stagnant." Mr. V eit remarked, "This is an end unit. What we're looking at doing is actually locating the entry on the end units to the sides; that way, as you get to the end of the unit, we can make the ends look more like fronts." Mr. Veit then explained, "We actually have more units with detached garages." Also noted by Mr. Veit, "These units on the "D" the interior units we were looking at actually having just a one (1) car garage and then parking - behind there; now with this plan, we have actually got two (2) car garages on all of our units." ~ ~ =x:I ~ t::::f CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 10,2005 PAGE 18 OF 33 Regarding the proposed Clubhouse, Mr. Veit remarked that "It fits in with the architecture of the Town Center. We're creating some storefront; making it look like it was maybe a - turn of the Century building that was there to begin with." Discussion. "I WOULD LIKE TO MAKE THE MOTION TO ACCEPT OR APPROVE THIS REVISED CONCEPTUAL DEVELOPMENT PLAN FOR THE 106 UNIT TOWNHOUSE." MOTION BY COMMISSIONER KREBS. COMMISSIONER KREBS ADDED, "I RECOMMEND TO APPROVE THE ATTACHED REVISED CONCEPT PLAN WITH THE STIPULATION THAT THE IMPROVEMENTS NOTED IN THE OCTOBER 3RD, 2005 DOVER KOHL [& PARTNERS] MEMO BE IMPLEMENTED AND THAT ANY DEVIATIONS FROM THE CODE MUST BE CLEARLY IDENTIFIED AND ADDRESSED THROUGH A DEVELOPMENT AGREEMENT OR OTHER APPROPRIATE MECHANISM." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER MILLER. DISCUSSION. DEPUTY MAYOR BLAKE SAID, "THAT TRIANGULAR PIECE OF PROPERTY THAT IS SEPARATED FROM THE RIGHT-OF-WAY, RON [McLEMORE], WHO OWNS THAT RIGHT-OF-WAY?" MANAGER McLEMORE SAID, "I AM GOING TO HAVE TO CHECK THAT AND GIVE YOU AN ANSWER." WITH FURTHER DISCUSSION ON THIS ISSUE, MR. VEIT REMARKED, "AT THIS POINT RIGHT NOW, WE CAN LIVE WITH THIS." Tape 3/Side B VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE DEPUTYMAYORBLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. REGULAR 504. Not Used. ~ i!d ;S EJ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 10,2005 PAGE 19 OF 33 .:..:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEMS WERE DISCUSSED NEXT, IN THE ORDER DOCUMENTED; FOLLOWED BY THE REST OF THE AGENDA. .:. .:. REGULAR REGULAR 506. Community Development Department - Planning Division ADD-ON Requests That The Commission Review The Conceptual Plan And Development Agreement For The JDC Town Center Building 17. Mr. Baker introduced this Agenda Item. Discussion ensued on parking. Mr. George D. Tullos, Development Manager, James Doran Company, 216 Seven Farms Drive, Suite 200, Charleston, South Carolina: stated, "We have twenty-six (26) units, we're proposing forty-one (41) spaces there." Commissioner Krebs asked about the kind of units they were?" Mr. Tullos stated, "Twenty-two (22) two (2) bedrooms, and the remainder are three's (3's) - four (4) three's (3's). There are twenty-six (26) total units." Discussion. Commissioner Gilmore asked, "Is this parking lot going to be walled?" Mr. Tullos responded, "No, Sir. It will be free to pedestrian access. We will use landscaping around the two (2) sides." Commissioner Gilmore then inquired about storage. Mr. Tullos noted, "We do have some storage units." Furthermore, Mr. Tullos added, "In Building 17, there are spaces for storage. People can purchase those units." Discussion ensued on storage. Mr. Chuck Travis, AlA, Principal, The Housing Studio, 500 East Boulevard, Charlotte, North Carolina: addressed storage. Commissioner Miller spoke briefly for the Record. ~ Ii-cI =cI ~ t:::::' CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 10,2005 PAGE 20 OF 33 With discussion, Mr. Tullos remarked, "On [Building] 16, we built a trellis and we have a landscaping plan that takes care of that particular section. As it comes around the Building 17 fayade of the roundabout, we also have in the package, the proposed treatment to continue with a stone or masonry type seat wall, with a trellis above, creating a gathering area, that continues that element from [Building] 16 around the roundabout." Commissioner Gilmore then asked, "Is this parking going to serve only Building 17?" Mr. Tullos responded by saying, "This parking is going to be forty-one (41) assigned spaces for forty-one (41) condominium units. So it will service the twenty-six (26) units in Building 17 and it will service the fifteen (15) units in Building 4." Discussion ensued on parking. Mr. Shane Doran, James Doran Company, 216 Seven Farms Drive, Suite 200, Charleston, South Carolina: addressed the City Commission on the proposed parking and shared parking concept. With further discussion on parking, Mr. Doran stated, "I think we are going to end up finding the spots across the street; it's just not intently part of this presentation. I am willing to make up the six (6) spot deficit on this pattern on a temporary basis - it is actually one of the alternatives that has been brought forward by Brian [Fields] of the City - on a temporary basis, until such time as the spots can be found somewhere else in close proximity to the mutual satisfaction of ourselves and the City." Commissioner Krebs noted, "I would definitely agree to a temporary site until at which time - but they will stay there permanently until which time we have something else in place." Further discussion ensued on density. Commissioner Miller stated, "Point of Order. " "MOTION TO EXTEND THE MEETING FOR AN HOUR." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTYMAYORBLAKE: AYE MOTION CARRIED. 5e ~ IIIr - ~ i1 CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 10,2005 PAGE 21 OF 33 Mr. Doran stated, "We have not changed the building intensity of Building 4." Tape 4/Side A Discussion ensued with Manager McLemore and Mr. Fields. Mr. Tullos stated, "We did take your comments from the previous Commission Meeting and we thought they were very good comments and we made some changes. We changed the mix of balconies; we increased the size of some. We took our brick up higher on the building to improve the overall look and blend better into the Town Center." Furthermore, Mr. Travis explained that "Some of the changes that we've made during our last discussion - the two (2) major comments that I received - one, is you wanted to have a more impressive elevation on Blumberg, so we went back and addressed those items for the building. The other was the big debate of do we do two (2) story balconies, four (4) story balconies, six (6) story balconies - I am sure you all recall that - the projection of the balconies." Additionally, Mr. Travis noted, "We have Parisienne balconies on our building. And so what we've done, on the front elevation - is that we've actually added more brick. We've brought the brick line up on the front favade. The other thing that we did in an attempt to do two (2) things; one was to make the building feel more prestigious and also give it more of a residential scale, is we actually added the balconies that come out with columns; they go up to the third floor. So this element will actually come away from the favade ofthe building and get more of a shadow line." Mr. Travis continued, "These balconies are six foot eight (6' 8") in dimension. If you go to the ends, these balconies in various configurations will come out four feet (4') or six foot eight (6' 8") on this comer. As you move up the building, this is the two foot (2') Parisienne balcony and this is the two foot (2') Parisienne balcony on that comer. So those are the changes we made to the front of the favade. The rear elevation - we also adjusted some of the siding and brick locations. Once again, we added this element of bringing the balcony out on the back - these are the double doors that take you into that storage area - it gives some more relief to the elevation." Next, Mr. Travis noted, "As you know, this rear elevation, we already had inset balconies, that is a fairly large balcony on a three (3) bedroom unit. This is the balcony on a - about a six foot eight (6' 8") in dimension for a two (2) bedroom; and then this is the largest balcony that goes all the way down the side as you come in that main entry from Blumberg. This would be the side entry that is the main entry from Blumberg into the community. Once again, we have a lot of brick. This is a very large balcony; this is one of our larger balconies on the building. This is a two (2) bedroom unit that also has the Parisienne balcony on the front, so this unit actually gives the sort of the double balcony feature." ~ .ea ;s a CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 10, 2005 PAGE 22 OF 33 Concluding his comments, Mr. Travis stated, "This is the side facing the existing piece of property that we do not have under control at this time. Once again, we've adjusted the brick height, some of the siding features. As you note, once again this is the large three (3) bedroom balcony. These are the two (2) Parisienne balconies on the comer." "I WILL MAKE A MOTION THAT WE APPROVE ITEM '506'." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. DEPUTY MAYOR BLAKE SAID, "THE ENTIRE DEVELOPER'S AGREEMENT AS PRESENTED." ATTORNEY GARGANESE ADDED, "THE ONLY CHANGE THAT HAS TO BE MADE IS THAT THE NAME OF THE ENTITY IS CAPITAL GREEN 1, LLC." COMMISSIONER KREBS INQUIRED, "WOULD THAT INCLUDE THE TEMPORARY PARKING SPACES - THE SIX (6) TEMPORARY PARKING SPACES?" MR. DORAN STATED, "I AM WILLING TO AMEND IT ON THE RECORD." MAYOR BUSH SAID TO MR. DORAN, "DO YOU WANT TO EXPLAIN THE TEMPORARY PARKING ISSUE AGAIN?" MR. DORAN STATED, "WE HAVE PADS WE HAVE NOT BUILT ON YET. ONE OF THE SOLUTIONS WE STUDIED WITH CITY STAFF WAS TO DO TEMPORARY PARKING HERE." MR. DORAN ADDED, "MAYBE JUST USE SOME NICE PEA GRAVEL AND HIDE IT, AS IT'S ONLY TEMPORARY, SO WE DON'T HAVE ANY MUD, OR ANYTHING LIKE THAT; AND I THINK THAT'S THE LOGICAL SPOT TO DO IT." COMMISSIONER MILLER THEN SAID, "SO THAT WOULD BE THERE UNTIL THAT IS DEVELOPED AND THEN THAT WOULD GO AWAY." MR. DORAN NOTED, "UNTIL SUCH TIME AS WE MUTUALLY AGREE ON ANOTHER PARKING SOLUTION FOR THE SIX (6) SPOTS." COMMISSIONER MILLER REMARKED, "I DON'T HAVE ANY PROBLEM WITH THAT, IF YOU HAVE NO PROBLEM WITH IT. YES, WE WILL MAKE IT TO INCLUDE THE SIX (6)." MR. DORAN SAID, "I WANT TO BE CLEAR, THIS INCLUDES CONCEPTUAL PART OF THE BUILDING AS WELL." COMMISSIONER MILLER RESPONDED, "YES." ~ ~ i;j t:::I CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 10,2005 PAGE 23 OF 33 DEPUTY MAYOR BLAKE SAID TO MR. DORAN, "IF IT GETS TO THE POINT WHERE THESE UNITS ARE OPENED UP AND INDEED OUR FEARS DO BECOME REALITY IN TERMS OF THE PARKING ISSUE, SHANE [DORAN], WILL YOU FIND A WAY TO PROVIDE THOSE SIX (6) SPACES AT THAT TIME, SOME PLACE HERE, OR SOME PLACE WHERE IT WILL WORK?" MR. DORAN RESPONDED, "YES, I WILL." MAYOR BUSH SAID, "THE MOTION THEN WOULD STAND." COMMISSIONER McGINNIS ADDED, "THE ORIGINAL MOTION STANDS THEN." MAYOR BUSH NOTED, "YES.' VOTE: COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: NAY DEPUTY MAYOR BLAKE: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. Manager McLemore said, "This included those other improvements that we have looked at, the seat wall and all that around the circle?" Mr. Doran responded, "That is correct." REGULAR 505. Office Of The City Clerk Respectfully Requests The City Commission Review This Agenda Item Relative To The Annual Performance Evaluation Of The City Clerk, In Terms Of What The City Commission Deems Suitable For The City Clerk. Discussion. The Cody Study was discussed next. Deputy Mayor Blake asked Manager McLemore, "Are we doing a Cody Study this year?" Manager McLemore responded, "We are." Deputy Mayor Blake continued, "And if we do a Cody Study this year, what exactly does that mean? How does that work?" Manager McLemore stated, "That means we will bring back to you recommendations that are needed to place your ranges at a market value, consistent with the cities around us in the area of Central Florida. And, then it will look at statewide, regional, just to make a check, see how we compare." ~ i;B K"~~ ~ '=' CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 10,2005 PAGE 24 OF 33 Deputy Mayor Blake then asked Manager McLemore, "If the range of a Department Head has moved for that Department Head's position, what adjustment is made and how is that adjustment affected by the four percent (4%) cap that we would have utilized for that year?" Manager McLemore said, "What we will do when we do that analysis, we will come back and we'll say these range assignments need to be made, to put each job category within its market value, and within its market range. Then we will look at the internal equity factor that says, based on these change in ranges, what do we need to do to maintain a generally relative situation to time and service of the employees, so that everybody is not bunched up against the front of the range - or the beginning of the range. " Manager McLemore added, "I am sure there will be an internal equity recommendation for you to look at." Furthermore, Manager McLemore stated, "We don't have to do it, but we try to do it as a matter of good policy and good pay practice." Deputy Mayor Blake stated, "I think Andrea does a super job and I hope she stays with the City for a long, long time to come." In discussing the previous Cody Study, Commissioner Krebs stated, "I would just be curious to know - what it was two (2) years ago." Discussion. Mayor Bush said to the City Commission, "Andrea [Lorenzo- Luaces] works for the Commissioners and you are all part-time people and we rely upon her a great deal on keeping us informed because we are not here every day; and she has got a different job. It is completely different, and so to compare her to other Department Heads isn't really true because other Department Heads don't work for us directly, they work for the Manager." Discussion. Commissioner Krebs stated, "I wonder if she is able to do everything she really wants to do because of - I don't whether she has, considering the time she puts in - I don't know if she has enough time - there isn't enough time in the day and maybe that is a Department we need to look at as far as possibly more employees if that is the case. I would like to know what all- of the Departments." Commissioner Krebs added, "I would like to hear it from the other Departments too, but as well as the City Clerk's Department." Commissioner McGinnis mentioned, "It's so personal because Andrea [Lorenzo-Luaces] does so much for each one of us." Commissioner McGinnis added, "I think probably she needs more staff also." Furthermore, Commissioner McGinnis remarked, "There is no denying that Andrea [Lorenzo-Luaces] gives one hundred and ten percent (110%) everyday." ~ ~ ~ '=' CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 10, 2005 PAGE 25 OF 33 Discussion. "I MAKE A MOTION THAT WE GIVE THE CITY CLERK A FIVE PERCENT (5% ) PAY RAISE." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. MAYOR BUSH NOTED, "THE MOTION IS A FIVE PERCENT (5%) INCREASE EFFECTIVE..." DEPUTY MAYOR BLAKE STATED, "...HER ANNIVERSARY DATE." MAYOR BUSH THEN SAID "HER ANNIVERSARY DATE." VOTE: DEPUTYMAYORBLAKE: NAY COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: NAY COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. "MOTION TO EXTEND." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER KREBS. COMMISSIONER MILLER ADDED, "FOR AN HOUR." DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. .:..:. THE FOLLOWING AGENDA ITEM WAS REMOVED FROM THE CONSENT AGENDA EARLIER IN THIS MEETING AND DISCUSSED NEXT, FOLLOWED BY REPORTS, AS DOCUMENTED. .:..:. (FORMERLY LISTED ON THE "CONSENT" AGENDA AS CONSENT AGENDA ITEM "206") Public Works Department Requesting City Commission Approval To Enter Into A Contract For Professional Engineering Services For The Design Of Winter Springs Boulevard Improvements, Phase I, Segment 3 From Howell Creek To The OviedolWinter Springs City Limits. Mr. Fields again spoke on this Agenda Item. I ~~ ....-_~ it CITY OF WINTER SPRINGS, FLDRIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 10,2005 PAGE 26 OF 33 "I WOULD LIKE TO MAKE A MOTON THAT WE DO SEGMENT 1, EXTEND IT TO THE POWER EASEMENT OR WHEREVER THE MONEY TAKES US TO, WHERE THERE IS A LOGICAL BREAK FIRST; AND THEN DO SEGMENT 2 AS SOON THEREAFTER AS FUNDING WILL ALLOW; AND THEN DO SEGMENT 3 AT THE END." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. Tape 4/Side A VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE MOTION CARRIED. REPORTS REPORTS 600. Office Of The City Attorney - Anthony A. Garganese, Esquire Attorney Garganese said, "On the Hayes Road issue, we're expecting construction plans and a need study to be finalized by - the end of October. So we will keep you apprised ofthat process, Next, Attorney Garganese noted, "There was a Lawsuit filed against the City a couple of weeks ago by individuals - the Roy's," Brief discussion. Attorney Garganese remarked, "We worked out some uniform rules and procedures for the Boards, Roberts Rules which hopefully help the Boards process their business in a little bit more orderly fashion and we are making presentations to several of the key Boards that the City has, That started last week." Next, Attorney Garganese stated, "As you know, the Florida League of Cities filed an Amicus [Curiae] Brief on the City of Winter Springs' behalf in the Charter case. Furthermore, Attorney Garganese stated, "You may have seen a letter I sent to the City Attorney of Casselberry, thanking them on behalf of the City of Winter Springs for also filing an Amicus [Curiae] Brief on behalf of the City of Winter Springs in that case." I ;S II["-=-~ ~ '=' CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 10,2005 PAGE 27 OF 33 REPORTS 601. Office Of The City Manager - Ronald W. McLemore Manager McLemore stated, "You have a Response from the City of Oviedo relative to our request to enter into a Joint Planning with them. The response was they would like to have a joint Meeting with us." Manager McLemore suggested, "I think we need to have a fairly simple Agenda for that first Meeting." Furthermore, Manager McLemore remarked, "This is their answer to our request to enter into a Joint Planning." Mayor Bush mentioned, "The 17th, I don't believe is a good date because that is the Seminole County Commission has invited all the cities to a networking." With discussion on dates and location, Commissioner McGinnis suggested, "If we have it the 1 st, we could host it." Commissioner Krebs also said, "Why don't we have it the 1 st." Mayor Bush said, Tuesday, November 1st." As to location for the Meeting, Manager McLemore remarked, "We could just as soon get a room at the Country Club, they could let us use." Commissioner McGinnis remarked, "Do it." Mayor Bush added, "Tuesday, November 1 st at the - Tuscawilla Country Club." Manager McLemore remarked, "I will see if we can get a room." Manager McLemore added, "Tuesday, November 1 st." Mayor Bush summarized, "6:30 [p.m.] on Tuesday, November 1 st" and we would prefer to have it at the Country Club." Manager McLemore added, "We can try to find a spot there." Discussion ensued on the Special Meeting planned for next Monday on the Town Center and related parking options. Much discussion. Manager McLemore said "What we are going to give you is a year by year development, how that development impacts the growth and people; and how that development impacts the growth and revenue. Then we are going to look at expenses that are directly attributable to the Town Center, and then we are going to show you what is available to put in other places." Commissioner Gilmore said, "Are you going to gIve us a timeline of income and expenses?" Manager McLemore stated, "Right." With further discussion, Commissioner Gilmore added, "In addition to the timeline of the Town Center costs, it became evident and has become more evident as of the last weeks, as we have gone through this Budget process, that I think you need to look at what manpower requirements are necessary in the rest of the City." Manager McLemore noted, "Yes." ~ --c:s ~ ~ t:::' CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 10,2005 PAGE 28 OF 33 On staffing needs, Commissioner Gilmore stated, "We haven't heard how many he needs; how many Kip [Lockcuff] needs; how many you need; how many Andrea [Lorenzo-Luaces] needs; but I think - you can't just say, let's just look at the Town Center - I think we have to look at the whole thing." Manager McLemore agreed and said, "You do - remember, I am agreeing with you and we are going to show you that." Discussion. Manager McLemore remarked, "In order for us to know how to negotiate we need to understand - how much revenue does this produce, how much do we have to contribute to the partnership; what does it cost us to service this new area and what's left over. Those are all the numbers we have to juggle and as part of that, when does it occur in sequence and once we know those things, then we're ready to negotiate a partnership." Commissioner Miller said to Manager McLemore, "You better get all that data to us." Commissioner Miller added, "You better get it to us pretty quick Ron [McLemore] - we are talking about weeks." REPORTS 602. Office Of The City Clerk - Andrea Lorenzo-Luaces, CMC City Clerk Andrea Lorenzo- Luaces remarked that the Board of Trustees are due for Appointments/Reappointments in January 2006 and asked if the City Commission wanted an Agenda Item at the next October City Commission Meeting or perhaps the first meeting in November? Commissioner Krebs stated, "If we could have it for the next Meeting." Commissioner McGinnis stated, "No later, yes." City Clerk Lorenzo-Luaces stated, "Okay, I will do that." Deputy Mayor Blake asked, "Are you going to give us attendance - please?" Commissioner Krebs added, "Attendance, yes." REPORTS 603. Commission Seat TwolDeputy Mayor - Michael S. Blake Deputy Mayor Blake asked about the status of the Bike Trail with the eagles nest and what Seminole County plans are for this. Brief discussion. Next, Deputy Mayor Blake spoke of Bruster's Ice Cream location - and said, "What was the issue with the connection from their parking lot to Hacienda's [Village] road there?" Deputy Mayor Blake hen asked, "Don't we have some way that we can encourage them to make that connection?" ~ ~ '=' CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 10,2005 PAGE 29 OF 33 Tape 5/Side A Discussion ensued on not being able to make a u-turn and Deputy Mayor Blake suggested, "There ought to be some carrot - to get that connection, because frankly, it needs to be made." Deputy Mayor Blake noted, "If we could find a solution to that, I think would be a good thing." Deputy Mayor Blake then mentioned receiving telephone calls about a Member of the Tuscawilla Lighting and Beautification District Advisory Committee. Commissioner Gilmore added, "I have had similar requests." Brief discussion. REPORTS 604. Commission Seat Three - Donald A. Gilmore Commissioner Gilmore stated, "I would like us as a group sometime, to take into consideration taking another look at this Arbor Ordinance." Brief discussion. REPORTS 605. Commission Seat Four - Sally McGinnis First of all, Commissioner McGinnis noted, "We would all agree that Andrea [Lorenzo- Luaces] and her Staff did just a wonderful job with our Volunteer Appreciation Dinner. They just get better all the time. I would suggest to you that we are really off schedule with this." Commissioner McGinnis added, "We need to get back on schedule, so it is held at a time that doesn't interfere with hurricanes, perhaps before school is out; so I would like for a consensus that Andrea [Lorenzo- Luaces] can think ahead and plan this in the Spring and we can get back on that schedule - early Summer." Commissioner Krebs noted, "I think that Spring is great." Commissioner Gilmore stated, "It does not matter to me when it is held." Commissioner Miller remarked, "Let it be so." No objections were noted. Commissioner McGinnis mentioned an article from Sunday's paper on Gated communities and stated, "I will leave this with Andrea." Commissioner McGinnis added, "If you didn't [see it], Andrea [Lorenzo-Luaces] will have that." Next, Commissioner McGinnis asked Manager McLemore if he was planning to attend the upcoming Black Hammock Meeting to which Manager McLemore stated, "I was going to send Randy [Stevenson]." Manager McLemore added, "I will have to look at thaC' Deputy Mayor Blake remarked, "I would like to see somebody there." Manager McLemore noted, "We will definitely have - it will either be I or Randy [Stevenson]. ; ~ ~ CITY OF WINTER SPRINGS, FWRIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 10,2005 PAGE 30 OF 33 Villagewalk landscaping was noted by Commissioner McGinnis who said it was looking great and she had been receiving some positive remarks from citizens. Furthermore, Commissioner McGinnis remarked, "I came out of Walgreens and - there is some foliage that does impede the site - someone needs to drive those areas where there are intersections and check that." Mr. Stevenson stated, "There are several intersections that we are looking at." Commissioner McGinnis then spoke of Pit Bulls and said to Attorney Garganese, "I know some cities have Ordinances, have adopted Ordinances - this seems to be spreading throughout the country." Commissioner McGinnis stated, "I would like to know - what other cities have done, have they passed - the legal test; what is going on." Deputy Mayor Blake suggested, "Not just Pit Bulls though..." Commissioner Krebs noted, ".. . Right, the vicious dogs." Commissioner McGinnis added, "I would like for us to look into that." Regarding a Consensus, Mayor Bush said, "Everybody is in agreement with Commissioner McGinnis' recommendation?" Commissioner Krebs said, "I think we can look at that." Deputy Mayor Blake said, "What we are asking to have done is for Anthony [Garganese] to bring back a little bit of information on what is being done outside?" No objections were noted. REPORTS 606. Commission Seat Five - Joanne M. Krebs Commissioner Krebs spoke of her concerns with some of the ponds such as Torcaso and Oak Forest. Brief discussion. Second, Commissioner Krebs stated, "There are trees outside of Parkstone, there are some that have been leaning since [Hurricane] Charley - is there any way we can encourage them to fix that?" Manager McLemore remarked, "We have been doing that. They have been doing some work on it, but we need to stay on top of them." Third, Commissioner Krebs said, "I decided to take a ride into Heritage Park and I think we ought to send the Fire Marshall in there on the weekend because there is no way that you can get anything through the street." Furthermore, Commissioner Krebs explained, "As you go into the gate, you make a right, there were cars parked up on the sidewalk." Commissioner Krebs asked, "What could be done about that?" With discussion, Commissioner Krebs noted, "It is a fire violation." Fourth, Commissioner Krebs spoke of going on Morgan's Ride. Fifth, Commissioner Krebs stated, "The Appreciation Dinner, Andrea [Lorenzo-Luaces] - kudos to you - it was terrific. Everybody that I talked to just really had a great time so thank you very, very much - you and your Staff for going through that." ~ ~ ~ t:::f CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 10,2005 PAGE 31 OF33 REPORTS 607. Office Of The Mayor - John F. Bush Mayor Bush mentioned, "I am leaving town tomorrow and will be out of town until the 23rd. Mayor Bush then spoke of the Meeting scheduled for the 17th. Next, Mayor Bush stated, "The PBAS is having the Mayor's of the cities give a State of the City and I have already told them that I could not attend and that Commissioner Blake has indicated that he would attend." Mayor Bush then mentioned that on "Wednesday - October the 19th [2005] at 3:00 p.m. at the County Services Building, the [Joint] City/County Advisory Committee [Meeting] of which Commissioner Gilmore is a member" is being held. Next, Mayor Bush remarked that "On Thursday, October the 13th [2005] at 7:30 in the morning in Oviedo, the Mayor's and Manager's Meeting will occur - Mr. Blake, can you make that one?" Deputy Mayor Blake stated, "Yes." Furthermore, Mayor Bush mentioned that October the 20th is the next Tri-County League of Cities Luncheon. Mayor Bush noted, "Winter Springs High School on October 21 st is having a Homecoming Parade; and Mr. Blake has also indicated that he would ride in that parade." Deputy Mayor Blake stated, "I am - double booked for that because normally I judge the floats, so if somebody would like to be a judge, could you let Andrea [Lorenzo-Luaces] know." Next, Mayor Bush mentioned that "This past CALNO [Council of Local Governments in Seminole County] meeting which Commissioner Krebs also attended, the City of Oviedo and Casselberry received an award from the State for a "Community for a lifetime" and it had to do with their services to their Seniors of which we far outpace either one of those cities and basically it is something you just apply - for." Mayor Bush then suggested, "I think that is something we should do." Mayor Bush noted, "Today, I called the County Commission Chair, Mr. Henley and also talked to Commissioner [Randy] Morris to see why they had not responded to our request to be on the County and Oviedo's IP A [Joint Planning Agreement]." Mayor Bush then said that Commissioner Morris advised him that "Most of the issues with Oviedo really don't have anything to do with Winter Springs but the County would be glad to meet with us - he recommended that we get an Agenda together between our Commissions and what are we going to talk about. So I think that maybe that is something we could discuss and maybe put on - the 24th Agenda, which we might at that point come up with some Agenda Items that we would like to discuss with the County." I ~ 1IIr-~ id CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 10,2005 PAGE 32 OF 33 Discussion ensued with Mr. Stevenson who mentioned that he and Seminole County's Planner had been discussing this at the Staff level. Mr. Stevenson then stated, "I will keep you and the Commission apprised." Mayor Bush said to Mr. Stevenson, "I think you ought to let us know what has been discussed." Mr. Stevenson added, "We will do that. " Lastly, Mayor Bush remarked that "My wife and I will be hosting another dinner for the Commissioners and your spouses in December at the Country Club, like we did last year." Mayor Bush added, "I am going to get some dates from the Country Club - we can have lunch and I will bring them back to you and you can let me know when we all can be there and you too Anthony [Garganese]; and of course Ron [McLemore]; and Andrea [Lorenzo- Luaces]." REPORTS 608. Commission Seat One - Robert S. Miller Commissioner Miller stated, "I am still annoyed about the lack of any substantive progress over the Dumpsters on North Fairfax - I guess it has been about six (6), seven (7) months now Ron [McLemore], and you know we are approaching Christmas time and I just wondering when we are going to get around to doing something about that?" Discussion. Mayor Bush then noted, "Ron [McLemore], what about the broken windows in the buildings - the building furthest to the north - the windows are broken out of it. Obviously it is vacant." Manager McLemore remarked, "We can deal with that from a Code Enforcement position." Commissioner Miller suggested, "Maybe Anthony [Garganese] has got to craft a letter and we need to send it to every Property Owner and tell them their property is a public health hazard and unless they clean it up substantially, we are going to condemn the whole area." Commissioner McGinnis asked, "I thought Code [Enforcement] was going to start fining them?" Commissioner Miller noted, "It seems like we have all the ammunition we need." Deputy Mayor Blake remarked, "I agree." Mayor Bush asked, "Do we have Consensus?" Commissioner Krebs remarked, "Yes." Commissioner Miller said, "We can do Code Enforcement action - do Law Enforcement action." Deputy Mayor Blake suggested, "Y ou have got to threaten them to shut them down. I agree with what Commissioner Miller is saying. Let them prove that we can't - in Court." No objections were noted. Mayor Bush asked, "Can we write a letter that would indicate that we are serious?" Discussion ensued on the location of such buildings; to which Commissioner Miller stated, "North Fairfax and Lori Anne [Lane]." Mayor Bush added, "Take a drive down there, you will know what we are talking about." Manager McLemore then said, "Okay." I ~. a t:=f CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 10,2005 PAGE 33 OF 33 .:..:. AGENDA NOTE: THE FOLLOWING ADDITIONAL REPORTS WERE DISCUSSED NEXT, AS DOCUMENTED. .:..:. REPORTS REPORTS 606. Commission Seat Five - Joanne M. Krebs Commissioner Krebs spoke of the medians in Oak Forest, and asked Manager McLemore, "When they do our medians Ron [McLemore], are they supposed to clean the trash out also?" Commissioner Krebs added, "Also, there is something that is killing - a fungus or something that is killing all of the greenery on Winter Springs Boulevard." Manager McLemore noted, "Weare meeting in the morning and I will go over it with him at that meeting, tomorrow morning." REPORTS 601. Office Of The City Manager - Ronald W. McLemore Manager McLemore mentioned that Susie Coffman had fallen at home and hurt herself." Brief discussion. Next, Manager McLemore spoke of focusing on the big Town Center issues through the end ofthe year. ADJOURNMENT Mayor Bush adjourned the Regular Meeting at 1 :32 a.m. RESPECTFULLY SUBMITTED: ANDREA LORENZO-LUACES, CMC CITY CLERK APPROVED: JOHN F. BUSH MAYOR NOTE: These Minutes were approved at the ,2005 Regular City Commission Meeting. ~ ~ = lI:::I