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HomeMy WebLinkAbout2004 10 25 Consent 208 COMMISSION AGENDA ITEM 208 Consent X Inform.ational Public Hearings Regular October 25.2004 Regular Meeting Mgr. / Dept. Authorization CONSENT 208. Office Of The City Clerk Requesting Approval Of The October 11, 2004 City Commission Regular Meeting Minutes. CITY OF Wll'.JTER SPRt~.J"GS MINUTES CITY COMMISSION REGULAR MEETING OCTOBER 11, 2004 CALL TO ORDER The Regular Meeting of Monday, October 11, 2004 ofthe City Commission was called to order by Mayor John F. Bush at 6:30 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). ROLL CALL: Mayor John F. Bush, present Deputy Mayor Robert S. Miller, Jr., present Commissioner Michael S. Blake, arrived at 6:41 p.m. Commissioner Donald A. Gilmore, present Commissioner Sally McGinnis, present Commissioner David W. McLeod, absent City Manager Ronald W. McLemore, arrived at 6:31 p.m. City Attorney Anthony A. Garganese, arrived at 6:41 p.m. A moment of silence was held, followed by the Pledge of Allegiance. City Manager Ronald W McLemore, arrived at 6:31 p.m. PUBLIC INPUT Mr. Art Hoffmann, 1436 Mt. Laurel Drive, Winter Springs, Florida: complimented City Staff on their quick response to an emergency. Mayor Bush stated, "Thank you Art (Hoffmann). Many of the citizens, I know, the Commissioners and myself feel that way also about the Police and the Fire as well as the rest of the City Staff. They all have done a great job during the last few weeks." Mr. Medford McCoy, 114 Brookshire Court, Winter Springs, Florida: discussed "ACH" Bank Charges on his bil1. ~2~.!f~&ij rfi.~"i\:'\"!-''"'''',.l ~0:;~~:.;< ~~~~~~~~:,::'.l ([r..i~~':':.: t(~.....",. , ; ~{;~;!~:.~., :.' , b~~~1j: \. .~. l::;~~:~'C..':' : ~J~~~'. ; t;;;:.~.~C1, ') CITY OF WINTER SPRlNGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER II, 2004 PAGE 2 OF 20 AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 100. Office Of The Mayor Presentation Of Resolution 2004-32 To Mervin Warner For His Service On The Code Enforcement Board. Mayor Bush presented Resolution 2004-32 to Mr. Mervin Warner. A WARDS AND PRESENT A TIONS 101. Office Of The Mayor Presentation Of Resolution 2004-33 To Linda Tillis For Her Service On The Tuscawilla Lighting And Beautification District Advisory Committee. Mayor Bush presented Resolution 2004-33 to Ms. Linda Tillis. Commissioner Donald A. Gilmore complimented Linda Tillis on her service. .:..:. AGENDA NOTE: DISCUSSION RELATED TO COMMENTS MADE DURING "PUBLIC INPUT" WAS HEARD NEXT, AS DOCUMENTED .:..:. PUBLIC INPUT Ms. Michelle Greco, Finance Department Director addressed Mr. McCoy's remarks. Commissioner Michael S. Blake arrived at 6:41 p.m. City Attorney Anthony A. Garganese arrived at 6:41 p.m. CONSENT AGENDA CONSENT 200. Office Of The City Clerk Approval Of The September 20, 2004 City Commission Regular Meeting Minutes. No discussion. ,-, r....' ~ ~ ~ ...... . r-a . ..e:c: ~ ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 11,2004 PAGE 3 OF 20 CONSENT 201. Office Of The City Clerk Approval Of The September 27, 2004 City Commission Regular Meeting Minutes. There was no discussion on this Agenda Item. CONSENT 202. Information Services Department Requests Authorization To Dispose Of Surplus Assets According To The Attached Disposition Sheets. This Agenda Item was not discussed. "MOVE __TO APPROVE CONSENT AGENDA." MAYOR BUSH STATED, "MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER MILLER." DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR MILLER: AYE MOTION CARRIED. INFORMATIONAL AGENDA INFORMATIONAL 300. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. With discussion, Commissioner Sally McGinnis stated, "Page 4 - it refers to a Winter Springs Elementary [School], which I think now that that school has a name. It says 'New' school - let's start calling it 'Layer [Elementary School]' because there is a Winter Springs Elementary School." Mayor Bush stated, "Mr. [Johri] Baker, [AICP, Senior Planner, Community Development Department], you just make a note of that and make that correction." Mr. Baker stated, "Yes, Sir." ~ ~ i,::::a- ...........,. csc::: ~ ~ I ~ ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 11,2004 PAGE 4 OF 20 IN FORMA TIONAL 301. Information Services Department Wishes To Update The Commission On The Status Of The I.T. [Information Technology] Plan Created In FY (Fiscal Year) 2002. "MOTION TO APPROVE." MAYOR BUSH STATED, "MOTION TO APPROVE BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER GILMORE." DISCUSSION. VOTE: DEPUTY MAYOR MILLER: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 400. Community Development Department - Planning Division And Office Of The City Attorney Request The City Commission Conduct A Public Hearing For 1 st (First) Reading Of Ordinance 2004-39, Annexing 13 (Thirteen) Parcels Containing 21.679 Acres, More Or Less. Mayor Bush stated, "We need a Motion to read by 'Title' only." "MOTION TO APPROVE." MAYOR BUSH STATED, "MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER McGINNIS." DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. Manager McLemore read the Ordinance by "Title" only. Ms. Eloise Sahlstrom, AICP, ASLA, Senior Planner, Community Development Department introduced this Agenda Item. ~ ~ ~ c:.:::> ~ ~. ~-.a ~ ~ ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 11,2004 PAGE 5 OF 20 Mayor Bush opened the "Public Input" portion of the Agenda Item. Mr. Robert H Gebaide, Esquire, Baker & Hostetler LLP, 200 South Orange Avenue, Suite 2300, Orlando, Florida: Mr. Gebaide stated, "I represent the Ondicks. The Ondicks own the property that is adjacent to the 'Highlander' property. You will note it on the board right here. It consists of about just under fifty percent (50%) of the property, thereby, under the rules mentioned by Eloise [Sahlstrom], it can be annexed into the property; into the City involuntarily; and that's how this is proceeding at this point. At this point, 1 would actually note our objection to the Annexation, but with several questions really, before the Commission at this time. . First of all - on a separate path, the adjacent property owners are bringing forward a Future Land Use Amendment for this property that will assign the - portion of the annexed property's Future Land Use and a Zoning appropriate for the City's Town .. Center. The Ondick property is being brought forward at this time without any Zoning. It is being brought forward with the Seminole County Zoning in place, presently. We are concerned obviously, because with no Zoning in place, they will be force~ ~o come through - with a Future Land Use Amendment and Zoning of their own cost and expense. I spoke with Eloise [Sahlstrom] this morning about this property and actually have . become involved on short notice and actually want to - appreciate the City Staff; Eloise [Sahlstrom] and also the City Clerk for assisting me and bringing me up to speed on this matter. But, one of the issues that we talked about was because of the size of this property it also would require a Future Land Use Amendment of a Large-Scale nature - it would appear; and therefore, I would request that the Commission would agree to move expeditiously forward with assigning appropriate Land Use and Zoning to this property. I think that would be fair in this case, especially considering - the City's cost and expense, especially considering that they are being brought forward at this time involuntarily. Second of all, existing on the property, you are probably familiar with the Pinch-a-Penny store. Under the City's existing Town Center regulations, I believe that property would become, or that Use would require a 'Special Exception'. My concern is - how the City will deem the existing Use. Whether it would be considered a Non-Conforming Use or how the City will handle this. We want to make that that Use, that is existing on the property at the present time - can be maintained without any issues relating to the City at this point. Also, with regard to access, we have looked at proposed plans of the 'Highlander' property and it shows certain access ways coming across the Ondick property which we are concerned with. But, at this point, our largest concern is that we want to make sure that our access on the Ondick property as it presently stands, is maintained and that we are not being forced to give up any access. We believe any access issues that should come up at any point should be handled appropriately at the site plan process or when this property comes into development, but we want to make sure that no efforts will be made at this point to reduce or eliminate any access points that are presently on the property. ~ r:;--, ~ C":::> ~ ~ ~ ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 11, 2004 PAGE 6 OF 20 Finally, it is my understanding that - the adjacent property - is coming forward with a Pre-Annexation Agreement. I have had a chance to review the City's Codes, but I do not necessarily know that I have the most recent version of that Annexation Agreement. If possible, I would request, as soon as possible, a copy of that Pre-Annexation Agreement. I believe several of the provisions in there, at least in the drafts that I have seen, address how the adj acent property will relate to the Ondick property and I think that certain things that we should certainly be involved in how the City treats our property and someone else's Agreement. And, I want to make sure that we are being dealt with fairly, and especially if the City is handling any -:- the payments or construction of any joint access or other roadways that we are provided that same opportunity when we are brought forward into the City - I think that is only fair." Mayor Bush closed the "Public Input" portion of the Agenda Item. Discussion". Commissioner Blake stated for the record, "Mrs. Ondick pointed out that the two (2) eastern most parcels, if I am correct, right here, is where the current Pinch-a-Penny store is. Is that correct Ma'am?" Mr. Gebaide stated, "It may even go on to that third (3rd) small - sliver parcel there." Furthermore, Commissioner Blake stated, "There's these three (3) parcels. Is that correct? Mrs. Ondick responded, "Yes." Commissioner Blake continued, "So, the three (3) easterly parcels then." Commissioner Blake then noted, "Pinch-a-Penny, under our Code would require - the Town Center Code, would require a Special Exception." Commissioner Blake added, "I believe we granted one for the other Pool Store that is the Town Center - I know we took some action, and perhaps, if we don't do it tonight, perhaps Staff could help us recollect what occurred, by the time we come back." Further discussion Attorney Garganese then noted an Annexation Study Report for the record. In addition, Attorney Garganese stated, "The City did hire a Surveyor to create the metes and bounds legal description of this property. Further, as you know, the City is following a procedure whereby because fifty percent (50%) of the land is owned by consenting Annexation, persons or corporations, and - more than fifty percent (50%) of the parcels are within the consenting area. The City can annex the entire Annexation area that is set forth in the Annexation Study, and the City did retain the services of a Surveyor. I just would like him to come forward and state his Findings on the record." Mr. Tim Mosby, Land Surveyor, Southeastern Surveying, 722 Stetson Street, Orlando, Florida: addressed the City Commission and Attorney Garganese. r"'"'l ~ ;;....-. ~"'"'3) ~ O-t f"" I ~ ~ ; . CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 11,2004 PAGE 7 OF 20 Attorney Garganese said to Mr. Mosby, "Obviously, you have the expertise to conduct Surveys and determine boundaries by surveying..." Mr. Mosby stated, "...I am a professional Surveyor." Attorney Garganese then asked Mr. Mosby, "Were you asked to review the Annexation Study Area by the City?" Mr. Mosby responded, "Yes, I was." Attorney Garganese then asked, "Did you render an expert opinion to the City regarding the Annexation Study Area?" Mr. Mosby responded, "I created a legal description from the available documents. It did not provide or prepare a Boundary Survey ofland." Furthermore, Attorney Garganese stated, "Correct, but did you - you have an opinion on whether or not the consenting Annexation Area is greater than fifty percent (50%) of the land area in the Annexation Study Area?" Mr. Mosby stated, "Yes." Attorney Garganese stated, "And, what is your opinion?" Mr. Mosby stated, "My opinion is the Highlander property is - definitely constitutes more than fifty percent (50%) of the land. I have two (2) available documents; two (2) available public documents to use. In using both ofthose, they both - they each render fifty-one to fifty-two percent (51-52%) of the land is in the Highlander name." Attorney Garganese stated, "And, the consenting Annexation property that is depicted on that map, they also constitute greater than fifty percent (50%) of the parcels of land within the Annexation Study Area?" Mr. Mosby stated, "Yes." "I WILL MAKE A MOTION THAT WE MOVE THIS ITEM TO A SECOND HEAlUNG FOR ADOPTION AT OUR NEXT REGULARLY SCHEDULED MEETING, PURSUANT TO ADVERTISEMENT REQUIREMENTS." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. . VOTE: COMMISSIONER BLAKE: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER McGINNIS: -AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. PUBLIC HEARINGS 401. Community Development Department - Planning Division Requests The City Commission Conduct A Public Hearing For The 1 st (First) Reading Of Ordinance 2004-46, Annexing A Parcel Located At 1136 Orange Avenue Equaling Approximately 1.96 Acres And Owned By Srinivas Chari And Ramani Kilambi. Mayor Bush stated, "Can we have a Motion to read by 'Title' only." ~ ~ ~ r-~ ~ .-.. I If" I ~~ c: ~-. ; . CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 11, 2004 PAGE 8 OF 20 "SO MOVED." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BLAKE: AYE DEPUTYMAYORMILLER: AYE MOTION CARRIED. Attorney Garganese read Ordinance 2004-46 by "Title" only. Ms. Sahlstrom spoke on this Agenda Item. Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. Discussion. Commissioner Blake stated, "If we could review the original Pre-Annexation Agreement that was in place and take a look at what is going on in terms of whether or not the services are even there. I am not sure that they are; I know they are across the street. Let's take a look at that." Manager McLemore stated, "I actually did bring this up with Kip [Lockcuff, P.E., Public WorkslUtility Department Director] before he left. My understanding was everything was in place that needed be in place, but we will look at that again." "MOTION TO APPROVE ITEM '401' - MOVE TO A SECOND READING." MOTION BY DEPUTY MAYOR MILLER. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: DEPUTY MAYOR MILLER: AYE COMMISSIONER McGINNIS: AYE COMMMISSIONER GILMORE: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. ,-, r......' ~~ ~ ~ frl' I JI' 1lI -=-~ ~ ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 1 I, 2004 PAGE 9 OF 20 REGULAR AGENDA REGULAR 500. Community Development Department Requests The Commission Consider A Conceptual Development Plan For A 207 Unit Town-House Development On 17.15 Acres In The Town Center, Located On The South Side Of Orange Avenue, Immediately Adjacent To The Trail (South) And City Recreation Facilities (West). Tape I1Side B Mr. Baker presented this Agenda Item and stated, "One point we really want to stress that is not in your Staff Report is that the final Plans should demonstrate that we end up with a real Uplands park, as well as, the Stormwater feature here. And, the Stormwater feature also includes some portion of the Applicant's share of rebuilding this road; because we've got to put that Stormwater some place." Discussion ensued including Retention and Detention issues. Mr. Tom Corkery, 759 Bear Creek Circle, Winter Springs, Florida: addressed the City Commission, and stated, "There is - two (2) main drainage canals - that already exist on Orange Avenue. One lies approximately here, and when we talk about when it falls off Orange Avenue; now, these are all fenced in. When this falls off Orange Avenue, this falls about twelve feet (12') and these have to be fifteen feet (15') wide, I mean they're huge - and those drainage - I am not sure we call it ditch, because it is much deeper and wider than a ditch and certainly a swale wouldn't fit that definition either, off loads into Lake J esup. But, there is also one over here. So, as far as storm discharge for the road there is plenty of it there. For our project here, we could only use a portion of the Borrow Pit for retention. So, what happens is with this shared retention area here, some of this will be treated and with underdrains into this retention pond here. And, from here it pops off into the - it will pop off into the large drainage ditch that. already exists. So, that's how this stormwater works. This is a grade that falls about twelve feet (12') from this side of the property to there, then probably another six to seven feet (6-7') to Lake Jesup. It is a pretty deep grade for this parcel - for this portion of Orange A venue." Commissioner Gilmore stated, "It is a Detention Pond." Mr. Corkery stated, "Yes, Sir." Mr. Dave Schmitt, P.E., Vice President, Land Development of Central Florida, Levitt and Sons, LLC, 1479 Hartford Run Drive, Orlando, Florida: stated, "We are going to meet . all the S1. Joms [River] Water Management District requirements as far as water quality and our discharge. Weare detaining the water to do the treatment. There also will probably be water quality testing as part of our S1. Joms [River Water Management District] permit - so, it will be addressed." .....--. r--' ::.--- <E~ ~ ,...... 2 t""' I ~ ~ ; :. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 11. 2004 PAGE 10 OF 20 Next, Mr. Corkery noted, "We did originally have an alleyway in here for that connection. City Staff preferred us to have some sort of, more of a road network. Our road network made twenty-six feet (26') wide roads here. So, we made this access twenty-six feet (26') wide. Now - which would come in and connect here. Talking about calming - Traffic Calming, this is how we've created this here. We also have an alleyway here and the Staff was concerned about these people would use this as a road, use an alleyway as a road. So, what we did is with this plan here, this is - this alleyway, these are the units here and these are our pavers. So, as the people come down a road they can very much see the distinction that - the roads are this color, alleyways are pavers. And all alleyways are going to be pavers. So, there really is a fine distinction that this will not be used as a shortcut, should I say. We did create a bus stop here with the gazebo that we have part of the park here." Mayor Bush stated, "One of the comments that Mr. Baker made was to make sure this was truly a park. Is that going to be - he was concerned about that I guess that is why he brought it up. Is that not a concern?" Mr. Corkery stated, "I think it is going to be absolutely gorgeous when we are done with it." Furthermore, Mayor Bush stated, "I thought he said that Dover Kohl [& Partners] wanted a road to go right through here, these three (3) units would have to be moved." Mr. Corkery stated, "That's the road John [Baker] is talking about - that would just come directly across. But, we put it here instead. So, we don't lose these three (3) units." Further discussion. Deputy Mayor Robert S. Miller stated, "You show the alleys being thirty feet (30') and I guess there is going to be twenty feet (20') 'clearance." Deputy Mayor Miller added, "Shows these alleys here being thirty feet (30') wide and then you have - that says twenty feet (20'), which I assume that leaves five feet (5') on each side. Is that the property line?" With discussion, Mr;'Corkery stated, "It's thirty feet (30'). You have thirty feet (30') from the back of your garage to your neighbors in the back lot." Furthermore, Mr. Corkery added, "No parking in the alleyways - we have plenty of parking, more than two and one half (2 12) per unit." Deputy Mayor Miller then said to Mr. Corkery, "There is no parking at all in the alleyway?" Mr. Corkery noted, "You are not allowed to park in the alleys." Deputy Mayor Miller added, "I still have some concerns about the number of parking spaces for people that want to visit, but we will take that up after you get all your Engineering work done." .--, r;--, ::--= n... ;a pr=: P II ,-,. I ~ E:g CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 11,2004 PAGEIIOF20 Manager McLemore stated, "What is the best, middle, and worst case for getting started?" Mr. Corkery responded, "I should be, hopefully, finish with the Commission in December here. Our Engineering is ninety-five percent (95%) finished, the last five percent (5%) was this Meeting to finish Engineering under your conceptual approval. Our delay at St. Johns [River] Water Management District, a lot of people have left there - so, we are looking for that permit somewhere February-March and that will be last permit to get. But, they're going to be our delay. As soon as we have our permit, we're breaking ground." In addition, Manager McLemore stated, "How do you see the phasing of the project. Are we one (1) year, two (2) years, three (3) years, all at once?" Mr. Corkery stated, "We see it's going to take - three (3) year buildout from the day that we break ground to have a finished development in three (3) years. The sales should be very rapid." With further discussion, Commissioner Gilmore stated, "There were two and a half (2~) parking spaces per unit. But - really I think, said there's a half (Yz) parking space on the street per unit and two (2) in the garage." Mr. Corkery stated, "Yes, so, it's two and a half (2~) per unit, right? It's actually a little bit more than that, actually what it comes out." Next, Commissioner McGinnis said to Mr. Corkery, "What is the price range?" Mr. Corkery stated, "The smaller units are going to start about one seventy-five ($175,000.00) and they're really - to three and a quarter ($325,000.00) when you get to the final phase of the project. Barclay Woods I, they did their budgets at a hundred forty- nine, nine ($149,900.00) to start out with. They're now starting at a hundred sixty-nine, nine ($169,900.00)." Mr. Corkery then stated, "I think they're originally going to be priced - could be starting on a smaller unit about a hundred seventy-five thousand ($175,000.00)." Manager McLemore inquired, "They're going to run from - what to what, size?" Mr. Corkery stated, "I think they're like fourteen hundred square feet (1,400), - I" am" on record with this to about twenty-four hundred square feet (2,400)." With further discussion, Mr. Corkery stated, "These are either - two (2) stories, you can put a bonus room under the hip roof to be three (3). So, you have a choice to go that two (2) story unit, put a bonus room up to be three (3) stories. The three (3) stories have a three (3) story and a bonus room under the hip roof for a four (4) stories." Mr. Corkery added, "The smaller two (2) bedrooms are - or two (2) story, one seventy-five ($175,000.00) depending on what they want to do with the bonus room, that will be an option and the three (3) stories - I am not really sure what price range they will start at." In discussing the elevations, Commissioner Blake said to Mr. Corkery, "Those windows I see on the front, are not looking into the garage, we're looking into the living area." Mr. Corkery stated, "Yes, it's correct." ~ r: -''':=3 ::-- ~ rv-: r'"' II r-' II -~ :,.....-; r--'" CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 11,2004 PAGE 12 OF 20 Brief discussion. Mr. Oscar Mauricio Castro, Vice President, Senior Associate, Canin Associates, 500 Delaney Avenue, Orlando, Florida: stated, "What we did is, we took the same width of the pavement - you used this version of connecting through with the - width of a street, in this case, twenty-six feet (26'). So, to answer your question, it is twenty-six feet (26') of pavement, but from the rear side of the building - through here, you have the same width of a normal street which is fifty feet (50')." Mr. Baker stated, "So, in effect, these units are facing the pond, and the rear of the unit is facing what is not a street, but will serve as a street." Mr. Castro stated, "Correct." Mr. Baker then said, "We would not support that - when the City Commission makes a Motion we would like clarification as to whether or not the pavers in these alleys as the Applicant mentioned, are okay." Commissioner Blake stated, "I understand that you are trying to use - the park area as retention. One' thing thaf"l would. very much like to see here is that instead of straight lines along the bank, which looks like a retention pond, if we could just find someway to meander it, make it something other than - clearly marunade - natural like this over here tends to be less square, although there are a few straight lines in there. Is there a way we could do that?" Mr. Corkery remarked, "We will find a way." Discussion. Mr. Corkery stated, "There's sort of a - national rule of thumb for emergency services to have access to a residential unit that they want the emergency vehicles to be within fifty feet (50') of an accessible ingress and egress, which they don't include garage doors as that. Now, then - here that your Staff, I believe your City Manager, they like these units here - flexibility with the Fire Chief in other cities of the State, County's in the State - in other States, California." Mr. Corkery further said, "They have the flexibility - to okay the projects, that some of them did not have fifty feet (50') - it was more than fifty feet (50'), to be able to have access to those front door units or those ingress' and egress'. I have a few here, you see in yellow with the red, that don't meet the fifty foot (50') requirement, what your Fire Chief here would like to see us meet. So, there's a little bit of what I am going to ask you for the flexibility. My worst case of this whole project under that fifty foot (50') requirement is these two (2) buildings right here. Now, the entrance to these units from where a fire truck would be or an emergency vehicle is sixty-six feet (66'). So, only in that building and that is sixteen feet (16') feet over the national rule of thumb of where they like that distance from emergency vehicles to have access to it; and these are less. The few other ones that we have here are with fifty-two feet (52'), fifty-six feet (56'). So, I have a few instances here where I am over that fifty foot (50') - I am not sure it is a requirement or not, and maybe - the Fire ChiefI'm sure could come up and address it." ~ ~ ~ ~ c= I"'"'" I r' I ~ ;=;-: ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER II, 2004 PAGE 13 OF 20 With discussion, Fire Chief Tim J. Lallathin stated, "I would actually not recommend approval of that project unless we can meet that standard." Tape 2/Side A Discussion. Deputy Mayor Miller suggested, "If that is actually what the rear is going to look like, some thought might be given to putting in a - wider garage door with a small door beside it. " Discussion ensued on Fire Access Codes with Chief Lallathin. With further discussion, Deputy Mayor Miller said, "If you were to bring back information - that eighty-five percent (85%) of the buildings built like this in the United States were being granted Waivers because of whatever the considerations are, and it is becoming a new national standard, then I think: we would probably feel comfortable with that." Deputy Mayor Miller added, "If you have twenty-five (25) Fire Chiefs that have approved it in Florida, and there is only - 600 of them, that would be interesting for us to know." Mr, Corkery stated, "I just wanted to see ifthere was some flexibility on this issue here." Discussion. Mayor Bush summarized, that "The Chief is going to have to sign off on this - before the Commission is going to approve it, is the bottom line." "I MAKE A MOTION TO APPROVE ITEM '500' WITH STAFF'S AND COMMISSION'S COMMENTS." MOTION BY DEPUTY MAYOR MILLER. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: DEPUTY MAYOR MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. REGULAR 501. Community Development Department Requests The City Commission Approve The First Modification Of The Proposed Barclay Woods Development Agreement. Mr. Baker introduced this Agenda Item. ~ tx,:J ;:-~ c.':) ~ ,...... . ~ -~ ~. ; :II CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 11, 2004 PAGE 14 OF 20 "MOVE TO APPROVE" REGULAR AGENDA ITEM "SOl". MOTION BY COMMISSIONER McGINNIS. SECONDED BY DEPUTY MAYOR MILLER. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR MILLER: AYE MOTION CARRIED. REGULAR 502. Office Of The City Manager . -. Requests The Commission Approve A Settlement Agreement Between The City Of-- 'Vinter Springs And ~avern And June Kingsbury Regarding Fencing That Was Removed Due To Road Construction In The Town Center Along Blumberg Boulevard. Manager McLemore presented his opening remarks. Discussion. "I MAKE A MOTION THAT WE APPROVE ITEM '502'." MOTION BY DEPUTY MAYOR MILLER. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER BLAKE: AYE . DEPUTY MAYOR MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. REPORTS REPORTS 600. Office Of The City Attorney - Anthony A. Garganese, Esquire Discussion ensued on a Resolution related to Seminole County's Proposed Charter Amendment. f "I r......' :: ~ ~ ~ . ~ . ~ ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER II, 2004 PAGE 15 OF 20 "I WOULD LIKE TO MAKE A MOTION THAT WE VOTE TO APPROVE RESOLUTION 2004-49." MOTION BY DEPUTY MAYOR MILLER. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: DEPUTY MAYOR MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMMISSIONER GILMORE: AYE MOTION CARRIED. REPORTS 601. Office Of The City Manager - Ronald W. McLemore With discussion on a Picnic to reward the employees who gave exceptional service to the City during the recent Hurricanes, Commissioner Blake stated, "I think that your Staff could probably figure out - build some guidelines, the top five (5), the top twenty (20), the top thirty (30), whatever it is - employees that really gave that extra amount to take care of the citizens of Winter Springs - I think they should be given that extra day off to do whatever they want to do with their time, because when they really wanted to be there with their families, they weren't, they were here for us." With discussion, Commissioner McGinnis said to Manager McLemore, "Could you not sit down with the Department Heads and maybe come up with a formula on extra time that was expended during this time." Manager McLemore noted, "We could try." Furthermore, Commissioner McGinnis remarked that, "I agree that a Picnic is a great idea - we need to set a date for that - I was going to ask about that anyway, but I was under the impression we were asking to give compensatory time beyond - in recognition for this." Commissioner McGinnis added, "I thought that is what we asked to do. Was that anybody else's impression?" Commissioner Blake . noted, "It. was a 5-0 vote." Mayor Bush agreed and said, "Yes." Commissioner Blake then added, "Getting back to that day off - I can think of two (2) or three (3) ways to do it, and I would be more than happy to talk with you about that just to give you some ideas." Furthermore, Commissioner Blake said, "Everybody who did something, knows they did something. But, most of those folks know who did the most, and I think those are the folks that we are really looking for. I am not trying to give a day off to everybody, because frankly, everybody didn't earn it, in my opinion. ~ ... r--, II'-'- Ifm - ~ ". ~ ~ I r"' I ~ ~ ; :8 CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 11, 2004 PAGE 16 OF 20 The second question I have though, was you mentioned that the point that those who worked got paid. And I would like to ask you about that again; because I know that we have exempt folks and non-exempt folks - and exempt folks don't get overtime. They generally don't get paid for in excess of whatever their normal workweek is. The trade- off for that is they work a little bit during a day, they get paid for a whole day. They work a lot of a day, they only get paid for a regular day." Commissioner Blake then said, "Under this truly extraordinary situation, I am certain we have got some folks who should be classified as exempt, and I am sure that many of them must have been - who put in many, many, many, many hours over and above whatever their normal workweek would have entailed. Did we calculate a pay scale for those folks - were they paid additional amounts or did they simply receive their normal salary?" Manager McLemore explained, "Under your City Personnel Policies, in a situation of an Emergency - we can pay exempt people, and we did at the level below Department Heads." Commissioner Blake asked, "So, Department Heads did not get paid..." Manager McLemore said, ".. .Did not get paid the - extra pay for the extra time." Commissioner Blake then noted, "In this situation, that we may want to look at - revisit that Policy under this extraordinary situation and take a look at Department Heads as well." Manager McLemore said, "In terms of pay, rather than compensatory time off?" Commissioner Blake said, "Exactly." Furthermore, Commissioner Blake pointed out, "We had the Fire Chief, the Police Chief, the Public Works Director..." Commissioner McGinnis noted, ". ..Information Services Director - she was on weekends." Commissioner Blake added, "Maybe others..." Commissioner McGinriis a9ded, ".. .Parks and Recreation. . ." Commissioner Blake then said, "It is unfair I think, that in situations of this sort, that those that we expect the most of, get the least - that is essentially what it would be." Deputy Mayor Miller stated, "I think the people who really put in a lot of time, I know I was over at the EOC [Emergency Operations Center] four (4) or five (5) times. Tim Lallathin was there and.there were three (3) or four (4) other people that were always there, and then there is a lot of other people that probably put in a lot of time also - I think we ought to put it on them to take care of their people as they can. Tell them to take a day off tomorrow, if we have enough people on the shift to take care of things; and Ron [McLemore] can do the same thing with his senior staff that report to him. Tell Tim Lallathin - take a couple of days off, whatever he thinks is appropriate. And I think if we do that, and then have a picnic, I think that probably ought to address the problem." Commissioner McGinnis added, "That is good." ,......., r--, ~ c:::> r-v-: ~ I ~ I ~ ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 11, 2004 PAGE 17 OF 20 Next, Commissioner Gilmore said, "I think that recognition is appropriate, but I also think that recognition should be something that is remembered as an appreciation - I think a day off, we all get that; they should have that time off. They have been paid - and a picnic is a great idea, but I would also like to just see a watch - and I only use that as an example - something that would commemorate their service during this Hurricane period." Commissioner Gilmore added, "I would just like to see a token of remembrance. " "I 'VOULD LIKE TO MAKE A MOTION THAT WE DIRECT THE CITY MANAGER TO COME BACK TO US WITH A COMPENSATION PLAN RECOGNIZING THE APPROPRIATE DEPARTMENT HEADS THAT - PUT IN EXCESSIVE HOURS DURING THE TRIPLE HURRICANE SEASON." MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR MILLER. DISCUSSION. DEPUTY MAYOR MILLER ADDED, WE MAKE SURE THAT RON [McLEMORE] UNDERSTANDS - THAT WE HAVE TO DESIGNATE WHO HE WOULD GO TO..." COMMISSIONER BLAKE NOTED, "...HE HAS TO COME TO US." VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR MILLER: AYE MOTION CARRIED. Mayor Bush then stated, "I think everybody was in agreement of a Picnic - we will try to set a date." Manager McLemore suggested, "It needs to be on a Saturday I think." Commissioner Blake added, "Don't we have to check and see if the Park is available?" Mayor Bush then suggested, "Let's turn this over to Andrea [Lorenzo-Luaces] - she does a good job on these kind of things. Commissioners, why don't we let Andrea [Lorenzo- Luaces] research this..." Deputy Mayor Miller said, "...J think that is the appropriate-- thing to do." Mayor Bush then said, "Is everybody in agreement that Andrea [Lorenzo- Luaces] would work with the rest of the Commission to determine what would be a good time, and she would of course, cross coordinate with the Staff as well." With further discussion on Commissioner Blake's recent Motion and the related compensation, "Commissioner Blake stated, "It would be my intent to include the City Attorney, who is not an employee, and the City Manager - and the City Clerk, who is also appointed by this Commission." Mayor Bush then asked, "Is the Commission in agreement with the clarification that Commissioner Blake has provided on his Motion that was passed?" Commissioner McGinnis said, "Yes, that is fine." Deputy Mayor Miller added, "Yes." ~ r-- -:; ~ .........1-:~ ~ ~ ~ ,,-. I m~ ~ ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER II, 2004 PAGE 18 OF 20 REPORTS 602. Office Of The City Clerk - Andrea Lorenzo-Luaces City Clerk Lorenzo-Luaces mentioned the upcoming Advisory Board and Committee Appreciation Dinner scheduled for Sunday, October 17,2004. Next, City Clerk Lorenzo-Luaces also mentioned the Special Meeting the Commission set for next Monday- October 18th at 6:30 p.m. REPORTS 603. Commission Seat Five - David W. McLeod Absent. REPORTS 604. Office Of The Mayor - John F. Bush Mayor Bush mentioned to Attorney Garganese about a telephone call he received from Cal Livingston. Tape 2/Side B With brief discussion, Mayor Bush said to Attorney Garganese, "I said that I would contact him and let him know the results of how this came out tonight. Would you want to go ahead and just do that." Attorney Garganese responded, "Sure." Mayor Bush then mentioned, "This Wednesday morning, at the PBAS meeting, that is the Professional Business Association of Seminole County, at Rolling Hills Country Club, the Mayor's of the cities are going to give a Report." The Meeting was noted as starting at 7:30 a.m. REPORTS 605. Commission Seat One/Deputy Mayor - Robert S. Miller No Report. REPORTS 606. Commission Seat Two - Michael S. Blake No Report. r--t ~...... :] ;;...,-. ~ ~ r:.a... ~ ~ ~ ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER II, 2004 PAGE! 9 OF 20 REPORTS 607. Commission Seat Three - Donald A. Gilmore Commissioner Gilmore inquired, "I am still waiting to see something on this Ordinance or whatever we are going to do about the leaving of trash cans and stuff out on the street for prolonged periods oftime." Ms. Sahlstrom said, "Just today, I submitted a draft to the City Attorney and City Manager to review. It involves more than just what you wanted, it's actually a Solid Waste Ordinance to update what we have in place now. So, hopefully, we can get that to you at the next Meeting, dependent upon the amount of input we get from all the other individuals. " REPORTS 608. Commission Seat Four - Sally McGinnis Commissioner McGinnis said, "Could we please fix the Light on the Podium." Commissioner McGinnis said to Commissioner Gilmore, "You are speaking about individual home trash cans?" Commissioner McGinnis continued by saying, "I am concerned, and I had mentioned this to Eloise [Sahlstrom] - the dumpsters on Fairfax [Avenue]." Commissioner McGinnis then inquired about the status of the Binford situation. .:..:. AGENDA NOTE: THE FOLLOWING ADDITIONAL REPORT WAS DISCUSSED, AS DOCUMENTED .:..:. REPORTS REPORTS 604. Office Of The Mayor - John F. Bush Mayor Bush noted to Attorney Garganese, "There was another Ordinance that was going to be brought back to the Commission, Anthony [Garganese], I believe giving the Commission some leeway on dealing with Variances." Attorney Garganese stated, "Yes - unfortunately, I didn't get that to Staff in time, for this Agenda. The Ordinance is done." Attorney Garganese added, "Probably in November - it has to go to the P&Z [Planning and Zoning Board/Local Planning Agency] Board." ~ ~ ~ c:,) ~ ~-4 ~ ~ ~ ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 11, 2004 PAGE 20 OF 20 Mayor Bush then said to Manager McLemore, "On the clean-up, we are still scheduled to go through October - on pick-up?" Manager McLemore stated, "The 21 st," With further discussion, Mayor Bush explained, "There was one where the City actually picked up - concrete, a pretty good chunk of it was evidently moved, and it sits to where it is causing a problem and the trash is gone, but the concrete abutment is a problem - I will let you know where it is." Manager McLemore stated, "Okay." .:..:. AGENDA NOTE: THE FOLLOWING REPORT WAS DISCUSSED AS DOCUMENTED. .:. .:. REPORTS REPORTS 601. Office Of The City Manager - Ronald W. McLemore Manager. McLemore mentioned he would be attending the lCMA [International City/County Management Association] Conference. ADJOURNMENT Mayor Bush adjourned the Meeting at approximately 8:57 p.m. RESPECTFULLY SUBMITTED: ANDREA LORENZO-LUACES, CMC CITY CLERK APPROVED: JOHN F. BUSH MAYOR NOTE: These Minutes were approved at the , 2004 Regular City Commission Meeting. ~ ~ ;:;r:a- c:::=') ~~== "'~(:".~~ g.,,,,,,l's:...e [t~~ -,.~~ ~l.~~--...... :a.~ ;L..... :II -'