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HomeMy WebLinkAbout_2007 10 22 City Commission Regular MinutesCITE' OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETIlVTG OCTOBER 22, 2007 CALL TO ORDER The Regular Meeting of Monday, October 22, 2007 of the City Commission was called to Order by Deputy Mayor Sally McGinnis at S:l 5 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708}. Roll C all: Mayor John F. Bush, absent Deputy Mayor Sally McGinnis, present Commissioner Robert S. Miller, present Commissioner Rick Brown, present Commissioner Donald A. Gilmore, present Commissioner Joanne M. Krebs, present City Manager Ronald W. McLemore, present. City Attorney Anthony A. Garganese, arrived at x:17 p.m. A moment of silence was followed by the Pledge of Allegiance. City Attorney Anthony A. Garganese arrived at 5: ~~ 7 ~, rn. INFORMATIONAL AGENDA INFORMATIONAL 100. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. No discussion. INFORMATIONAL 101. Public Works Department Providing The City Commission With Information Regarding The Central Florida Commuter Rail Project. Commissioner Rick Brown asked if there had been any discussions with Lynx related to Florida Department of Transportation funding. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -OCTOBER 22, 2007 PAGE 2 OF 24 City Manager Ronald ~V. McLemore said, "Am I aware of it? I am not, but I will certainly get you a Report on it." Commissioner Brown stated, "Thank you." Ms. Eloise Sahlstrom, AICP, ASLA, Senior Planner, Community Development Department spoke on Grants and funding. Further brief discussion. "MOTION TO APPROVE THE INFORMATIONAL AGENDA." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER I~EBS: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR McGINNIS: AYE MOTION CARRIED. CONSENT AGENDA CONSENT 200. Not Used. No discussion. CONSENT 201. Community Development Department -Urban Beautification Services Division Requesting Authorization For The Purchase Of (1} Isuzu NPR Commercial Truck From Rush Truck Center. Mr. Randy Stevenson, AICP, ASLA, Director, Community Development Department addressed Deputy Mayor McGinnis' comments on hybrid vehicles. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -OCTOBER 22, 2007 PAGE 3 OF 24 CONSENT 202. Public Works Department Requesting Approval For An Increase In The Authorization Of An Additional $14,890.00 For The Blumberg Boulevard /Town Center Trail Project. There was no discussion on this Agenda Item. CONSENT 203. Not Used. CONSENT 204. Information Services Department Requests Commission Approve A Supplemental Appropriation In The Amount 0f $6,250.00 For Munis On-Line Maintenance And Support. This Agenda Item was not discussed. CONSENT 205. Office Of The City Attorney Requests That The City Commission Approve The Fifth Modification Of Developer's Agreement With Vistawilla Office Center, LLC. With discussion on this Agenda Item, Commissioner Robert S. Miller said, "As long as it is clear in everybody's mind here that if UCF (University of Central Florida} doesn't move, if they reject this..." Manager McLemore said, "...We don't give them the two hundred thousand [dollars] $200,000.40." Commissioner Joanne M. Krebs stated, "Then he can't fulfill his end of the Contract." Manager McLemore said, "That's right." Commissioner Brown said, "If they don't back out, he doesn't have the leasing capacity to build the second building." Manager McLemore said, "That's right." Commissioner Miller said, "Just want to make sure we are legally not committed if they back out." Commissioner Donald A. Gilmore asked, "Hasn't the County made a commitment in this area?" Manager McLemore said, "Absolutely." Deputy Mayor McGinnis said, "I am comfortable moving ahead with this." CONSENT 206. Office Of The City Clerk Approval Of The October 2, 2007 Special City Commission Meeting Minutes. No discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -OCTOBER 22, 2007 PAGE 4 OF 24 CONSENT 207. Office Of The City Clerk Approval Of The October 8, 200.7 Regular City Commission Meeting Minutes. There was no discussion on this Agenda Item. Deputy Mayar McGinnis asked, "Do we have a Motion to Approve?" "SO MOVED." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR McGINNIS: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Office Of The Mayor Presentation Of A Proclamation In Honor Of "The Week Of The Family". Deputy Mayor McGinnis read a Proclamation recognizing "The Week of the Family". AWARDS AND PRESENTATIONS 301. Office Of The City Manager ADD-~N Requesting The Commission To Hear A Presentation From The Seminole County Children's Cabinet. Ms. Tara C'unn Hormell, MA, BCBA, Director of Child Welfare Programs, Intervention Services, Inc., l SO Spartan Drive, Maitland, Florida: addressed the City Commission on the Children's Cabinet. Manager McLemore left the Commission Chambers at 5: 29 p. rn. Ms. Cynthia Benedict, MA, LMHC, MCC, Executive Director, Behavioral Support Services, Inc., 315 North Lakernont Avenue, Suite B, ~Yinter Park, Florida: reviewed Winter Springs and Seminole County statistics. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -OCTOBER 22, 2007 PAGE 5 OF 24 Suggestions for participation: "Participate with the Children's Cabinet of Seminole as a partner or a member to share data and ideas. Educate community leaders on children's issues and what the Cabinet is doing to address those issues. Represent your county with the most current viable information when making decisions that affect our daily lives." In closing, Ms. Benedict noted, "The Children's Cabinet meetings are open to all who are interested in attending. We meet the second Wednesday of every month at 9:30." Ms. Benedict added, "We are actually meeting at the Sheriff s Department." Discussion. Manager McLemore returned to the Commission Chambers at 5: 40 p. m, Further discussion. Manager McLemore left the Commission Chambers at S: 42 p. m. RECESS Deputy Mayor McGinnis called a Recess at 5:42 p. m. The Regular Meeting was called back to Order at S: 59 p. m. REPORTS 400. Office Of The City Attorney - Anthony A. Garganese, Esquire Attorney Garganese mentioned the original Survey for the Tuscawilla Country Club Settlement Agreement and noted that it should be completed within the next week. REPORTS 401. Office Of The City Manager -Ronald W. McLemore Regarding the Hometown Harvest, Manager McLemore stated, "Congratulations to Parks and Recreation, and to the Public Works Department for getting the parking area together and all areas mowed. That was huge -for the Public Works Department to do that in such a short period of time; and the Police and Fire Departments." Manager McLemore added, "I just want to again congratulate all our Staff who pulled that together in a fairly short period of time. Discussion on the expanded parking spaces at the Town Center. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -OCTOBER 22, 2007 PAGE 6 OF 24 Manager McLemore then commented on the Request by Mr. Lon Miller and said, "Can you put this on the Agenda tonight? It is not very complicated. It is pretty straight forward in terms of its facts and we have the material for you and we will certainly present everything to you. I think that you would need to make a decision. This is your choice, if you want to add this to the Agenda." Commissioner Krebs said, "Yes. I think we should go ahead since the parties are here and add it to the Agenda if you are prepared City Manager." Commissioner Krebs then stated, "I was going to suggest we move it up since this has been postponed a couple of times." Deputy Mayor McGinnis asked, "Does everyone agree with that?" Commissioner Gilmore said, "I agree we do it tonight, whether we do it early or late." There were no objections. Deputy Mayor McGinnis stated, "So am I. Put it on the Agenda where you feel it is appropriate." Attorney Garganese said, "I recommend `504' which would be the last Public Hearing [Agenda] Item." Next, Manager McLemore spoke of the "Issuance of retirement badges for Police Officers. This is a tradition that has been followed in Police Departments all across the country for a long, long time. At retirement, then the Police Officer gets a replica of his badge. Now the difficulty from my perspective is this is public property. In order to do that, then the Commission would need to find there's a public purpose involved in this. It's not very expensive." Manager McLemore noted, "In order to do it officially and for me to have a record, that you have found this to be a public purpose -and certainly this is a recruitment retention honoring employees, just as we do their five (5} year badges, all those things we do for our employees, honorarium type of things, so my suggestion to you would be there's nothing wrong with it and I think it does a lot of good to honor people at retirement this way. And it is certainly is a very long established tradition in the Police Department, Law Enforcement..." "I'LL MAKE THE MOTION." MOTION BY COMMISSIONER BROWN. SECONDED. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. Manager McLemore stated, "VVe' 11 do a Resolution just for the Record ,and bring it back next Meeting." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -OCTOBER 22, 2007 PAGE 7 OF 24 REPORTS 402. Office Of The City Clerk -Andrea Lorenzo-Luaces, CMC No Report. REPORTS 403. Commission Seat Five -Joanne M. Krebs Commissioner Krebs commented, "I wanted to thank everybody from the City also for the event, the work they did on the Event Hometown Harvest}." Next, Commissioner Krebs asked, "Normally we do the CALNO [Council of Local Governments in Seminole County] hosting at Christmas time. I was going to ask if we could do it at the Senior Center because it should be open and it would be a nice way to show off our Senior Center to the different people in Seminole County." Deputy Mayor McGinnis said, "That would be dine. That's perfect." "MOTION TO HOLD - CALNO [COUNCIL OF LOCAL GOVERNMENTS IN SEMINOLE COUNTY] AT THE SENIOR CENTER THIS YEAR." MOTION BY COMMISSIONER KREBS. SECONDED BY DEPUTY MAYOR McGINNIS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE MOTION CARRIED. Commissioner Krebs commented about attending the Tri-County League of Cities Meeting and stated that the Mayor was voted in as the 1St Vice President for the Tri- County League of Cities and she was elected to the Board of Directors for the Tri-County League of Cities. Discussion followed on the area Farmer's Market, and Manager McLemore said he has spoken to the owner related to limiting stands along Winter Springs Boulevard. Manager McLemore said, "V~e could do a couple of things. We could just see how that's going to progress or I can bring it back to the Commission and I think what we will have to do is an Agenda Item to establish those things which you and your interpretation of that Agreement I believe are open market items. Now, you probably need some legal advice here, but I think they are the interpreter of these documents and certainly could be challenged by the other party. But it is not very descriptive, as I recall." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -OCTOBER 22, 2007 PAGE S OF 24 Attorney Garganese said, "There is a Binding Development Agreement that would have to be looked at and there is another party involved obviously. We can bring that back." Attorney Garganese suggested, "The types of booths we could go back and talk to him about that, and maybe memorialize something in writing so there is a clear understanding between the parties going forward." Discussion. "I MOVE TO PUT THE FARMER'S MARKET ISSUE ON THE AGENDA FOR - NEXT MEETING." MANAGER McLEMORE SAID, "SURE." COMMISSIONER KREBS STATED, "YOU WILL BE PREPARED FOR NEXT MEETING?" MANAGER McLEMORE SAID, "SURE." MOTION BY COMMISSIONER KREBS. SECONDED BY DEPUTY MAYOR McGINNIS. DISCUSSION. VOTE: DEPUTY MAYOR McGINNIS: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. REPORTS 404. Office Of The Mayor -John F. Bush Absent. REPORTS 405. Commission Seat One -Robert S. Miller Commissioner Miller commented about the tolls on the GreeneVVay. REPORTS 406. Commission Seat Two -Rick Brown Commissioner Brown mentioned the first annual Leadership Seminole SK for the benefit Of Father Flanagan's Girls and Boys Town and stated, "We're trying to get all the seven (7) cities involved in this and the County, and we would like to challenge the Commissioners personally, not city funded, but personally to find a total of five (5} runners that we could sponsor between us, for each of the Cities. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -OCTOBER 22, 2007 PAGE 9 OF 24 If each of the cities could come up with five (5) runners, we could bring another eight hundred dollars ($800.00)." Commissioner Brown added, "I will issue that as a personal challenge and I will do at least one (1 } if not two (2)." REPORTS 407. Commission Seat Three -Donald A. Gilmore Commissioner Gilmore spoke of the Florida League of Cities' Home Rule Committee issues. Regarding a Police substation in the Vistawilla Office Center, Commissioner Gilmore said, "Tam [Corkery] has proposed giving us a fourteen hundred square foot area on the first floor and literally at no cost. He is going to provide it rent-free -about the only cost to us will be the Building Permit Fee and an Impact Fee if there is any, but the City Manager said there is none. He will pay for the tenant improvements and build-outs and all of the other costs. Tom [Corkery] has offered a three (3) year Agreement plus another three (3} years after that. I really think this is a win-win for us. I had the City Manager over with me and he has looked at it probably two (2) months ago. And I've had Dan Kerr [Chief of Police] look at it and both have supported this. I think it is important that we realize it will provide a presence of the Police on the east side right at (State Road) 417 and (State Road} 434. It will also provide a presence right near the new County Park." Tape l /Side B "I WOULD LIKE TO MAKE A MOTION THAT WE ASK THE CITY MANAGER TO PROCEED TO WRITE A TERMS AND LEASE WITH TOM CORKERY FOR THIS, AT NO COST TO THE CITY EXCEPT AS BUILDING PERMITS AND ANY IMPACT FEE; THAT WE SIGN THIS FOR THREE (3} YEARS WITH A THREE (3) YEAR OPTION." MOTION BY COMMISSIONER GILMORE. SECONDED BY DEPUTY MAYOR McGINNIS. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. Discussion followed on the privatization of roads. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -OCTOBER 22, 2007 PAGE 10 OF 24 REPORTS 408. Commission Seat FourlDeputy Mayor -Sally McGinnis Deputy Mayor McGinnis read from an email from Mayor Bush about the Oviedo/Winter Springs Chamber of Commerce Installation Banquet on December Sth, 2007. With discussion about this event conflicting with our Holiday Pops Concert, Deputy Mayor McGinnis said, "Maybe we will have to do individual tickets then." Regarding the Hometown Harvest Event, Deputy Mayor McGinnis stated, "Our Parks [and Recreation] Department is A#1 and that is on all levels. It was just an outstanding Event." Discussion followed on the approximate number of attendees. Deputy Mayor McGinnis commented briefly on the Farmer's Market. Next, Deputy Mayor McGinnis suggested that the Beautification of Winter Springs Board be asked to plan a xeriscape yard or "no scape" - in front of City Hall. Deputy Mayor McGinnis further suggested that the Beautification of Winter Springs Board could develop a prototype that could be used at City Hall. Continuing, Deputy Mayor McGinnis explained there would not be any grass. With no further comments, Deputy Mayor McGinnis said, "Maybe I will go to BOWS Beautification of Winter Springs) and discuss it then, because I thought that would be a perfect place to showcase it." The old Public Works property was mentioned next as being a new Park, to which Manager McLemore said, "When we get the next step done, then we will bring it back to you and you will decide how you want to use it." Commissioner Miller said, "Well, I would like to see it brought back in the next couple of months." Manager McLemore said, "I would like for it to be cleared off so you can see what it looks like." Commissioner Miller asked, "Are you going to have it all down in the next two ~2) or three ~3) months?" Manager McLemore said, "Yes." Commissioner Miller suggested a Workshop early next year. Manager McLemore said, "That works." Discussion. • • AGENDA NOTE: THE FOLLOWING ADDITIONAL REPORTS WERE COVERED NEXT, IN THE ORDER AS DOCUMENTED. • • REPORTS REPORTS 406. Commission Seat Two -Rick Brown Commissioner Brown asked Manager McLemore about potential lease property for the "Pet Rescue by Judy" effort. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -OCTOBER 22, 2007 PAGE 1 l OF 24 Also on the Farmer's Market, Commissioner Brown asked about business licenses and taxes. Commissioner Brown mentioned that Ms. Denise Ryser and Mr. Matthew Matisak had been named as Ambassadors representing Seminole County. Discussion. REPORTS 401. Office Of The City Manager -Ronald W. McLemore Manager McLemore said, "The Tele-Vox which is the system that is the Utility Billing reminder of your bill, it is done by computer program, will go into effect Wednesday." • • AGENDA NOTE: THE FOLLOWING AWARDS AND PRESENTATIONS WAS AGAIN DISCUSSED, AS DOCUMENTED. •• AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Office Of The Mayor Presentation Of A Proclamation In Honor Of "The Week 0f The Family". Deputy Mayor McGinnis accepted a plaque in recognition of "The Week of the Family". PUBLIC INPUT Mr. Don Peterson, 3585 Canal Street, Oviedo, Florida: as the President of the Black Hammock Association, Mr. Peterson thanked Mayor Bush, Commissioner Brown, and Commissioner Krebs for attending their recent Meeting; and spoke of working together and asked for continued support. Mr. Jeff McCall, Winter Springs Professional Firefighters: as President of the Winter Springs Professional Firefighters, Mr. McCall spoke of the "Relay For Life" effort and the Fire Budget related issues. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -OCTOBER 22, 2007 PAGE 12 OF 24 PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Office Of The City Manager Requests The City Commission. Approve First Reading Of Ordinance 2007-28 Which Establishes A Motor Vehicle Accident Fee In The City Of Winter Springs And Authorizes The City To Impose Said Fee. "MOTION TO READ BY `TITLE'." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER GiLMORE: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" only. Mr. Kevin Smith, Director, General Services Department addressed the City Commission on this Agenda Item. With further discussion on the annual estimated collection amounts, Mr. Smith referred to page 2 of the Agenda Item, which Commissioner Brown noted for the Record. Much discussion. Tape 2lSide A DISCUSS1On. Deputy Mayor McGinnis asked when late fees would start, and mentioned a previous request about whether other cities restrict this to their residents. V~ith further discussion, Deputy Mayor McGinnis suggested data be kept by the Police Department on non- insured related accidents. Commissioner Krebs suggested that we track other cities that have implemented this. Deputy Mayor Mc~innis opened the "Public Input "portion of the Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -OCTOBER 22, 2007 PAGE 13 OF 24 Ms. Ethel Beecher 1207 Winter Springs Boulevard, Winter Springs, Florida: mentioned that she was opposed to this. Deputy Mayor McGinnis closed the "Public Input "portion of the Agenda Item. "I WOULD LIKE TO MAKE A MOTION TO DENY." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE MOTION CARRIED. PUBLIC HEARINGS 501. Community Development Department Requests The Commissian Consider The Aesthetic Review For A 103-Unit Town- House Development On 7.87 Acres In The Winter Springs Town Center, Located On The South Side Of Orange Avenue, Immediately Adjacent To Tuskawilla Trace East}, The Trail tSouth}, And Jesup's Landing West). Mr. John Baker AICP, Senior Planner, Community Development Department spoke on this Agenda Item. Awnings, stoops and livelwork units were discussed next. Mr. Don Evans, Architect, T'he Evans Group, 1001 North Orange Avenue, Orlando, Florida: addressed the City Commission. Manager McLemore said to Mr. Evans, "an the Plan, I don't see awnings out over sidewalks. Is that intended to be?" Mr. Evans stated, "They're over our courtyards - none of them encroach on the sidewalks." Manager McLemore noted, "I just wanted to clear that up." Commissioner Miller suggested using "Dumb waiters". Discussion. Deputy Mayor McGinnis opened the "Public Input "portion of the Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -OCTOBER 22, 2007 PAGE 14 OF 24 Ms. Patricia Hoenig, lI6 View Point Place, Winter Springs, Florida: as the President of the Tuscawilla Trace Homeowner's Association, Ms. Hoenig asked that if approved, that a buffer wall be built within ninety X90) days of approval by the City Commission. Mr. ~'om Pfeiffer, Project Manager, Hessburg & Carlson Builders, 548 US Highway 27, Suite C, Minneola, Florida: stated, "The wall will be 350 feet long and will actually exist from the corner of the property, closest to the bike Trail and go 350 feet which I think is the three (3} back lots of the residents along that portion of the project. The ninety (90} days, as far as that is concerned - it hasn't been fully designed. It's been drawn up and approved by you guys as today and permitting and other things - I need to finish the site work first, and there's a retaining wall that goes from a portion of the 350 on through and would like to construct that whole portion of that wall at one time. The Owners of the project, the Partners, would have to approve doing that any sooner than the whole thing." With discussion, Commissioner Gilmore inquired, "What is the width of the home?" Mr. Pfeiffer responded, "Twenty feet X20'} wide." Deputy Mayor McGinnis closed the "Public Input "portion of the Agenda Item. Further comments. Tape 2lSide B Mr. Pfeiffer remarked, "It will be one of the first things -when the site starts, site construction, when we start putting pipes in ground, that will have to be built because it does adjoin the four foot (4') retaining wall along the side. So, it will be one of the first things that's built when we start site construction." Commissioner Krebs asked, "And when do you anticipate site construction to start?" Mr. Pfeiffer responded, "We're selling them now, so as soon as we get twenty (20} units sold, that's when we're starting site construction." With further remarks, Mr. Pfeiffer added, "In order to raise the site at the front, that four foot t4'} retaining wall needs to go in, and the retaining wall runs the whole length of the property, well, not the whole length, but almost three quarters of the property; it actually runs into where the privacy wall would start." Commissioner Krebs asked Mr. Baker, "Is that in the Developer's Agreement?" Mr. Baker responded, "I believe it's one of the issues that Mr. Brian} Fields has in his memo, to be included, and that's one of the things we're hashing out with them." Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -OCTOBER 22, 2007 PAGE 15 OF 24 Manager McLemore said, "I think what we need to do is just come up with the right language. The difficulty that we're having here is with the starting points, the benchmark for the starting point, and I think we can work out `Some days from issuance of permit' type of language that would be amenable to everybody." Continuing, Manager McLemore noted, "We will work out language from the `Date of permit issuance'." Mr. Pfeiffer stated, "I will go back and talk to the other Partners and Gwners and if they agree to put it in right away, then we will do ~ that." Mr. Pfeiffer added, "And with the stipulation of the Developers Agreement, it sounds like it's going to have to be warded in there anyway." "I WOULD LIKE TO MOVE FOR APPROVAL OF `501', THE AESTHETIC REVIEW." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. PUBLIC HEARINGS 502. Community Development Department Requests The Commission Consider The Development Agreement For A 103-Unit- Town-House Development On 7.87 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}. Attorney Garganese suggested, "Do you want to just recommend Tabling that item?" Deputy Mayor McGinnis asked, "Is there a Motion?" "MOTION TO TABLE `502'." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -OCTOBER 22, 2007 PAGE 16 OF 24 PUBLIC HEARINGS 503. Community Development Department Requests That The Commission Hold A Public Hearing For The Aesthetic Review Of The Murphy's Premium Pet Food Market Window Signage Proposed For The Tuskawilla Road (East} And Tree Swallow Drive (North} Side Of The First Floor Corner Shop In The JDC (James Doran Company) Town Center Building 3 (The Space That Had Been Previously Occupied By A Party Supplies Store}. Mr. Baker introduced this Agenda Item. Deputy Mayor McGinnis opened the "Public Input "portion of the Agenda Item. No one addressed the City Commission. Deputy Mayor McGinnis closed the "Public Input "portion of the Agenda Item. MOTION TO APPROVE. MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. Deputy Mayor McGinnis called a Recess at 7: 58 p. rn. The Regular Meeting was called back to Order at 8: ~2 p.m. • • AGENDA NOTE: THE FOLLOWING PUBLIC HEARINGS AGENDA ITEM WAS ADDED ON AND DISCUSSED NEXT, AS DOCUMENTED. • • PUBLIC HEARINGS PUBLIC HEARINGS 504. Office Of The City Manager ADD-ON Lon Miller Request. Manager McLemore presented this Agenda Item for discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -OCTOBER 22, 2007 PAGE 17 OF 24 Mr. Michael D. Jones, Esquire, Post Office Box 196130, YYinter Springs, Florida: speaking on behalf of the Miller's, Mr. Jones spoke for the Record about documents that he and the City Attorney would reference. Many comments followed and photographs of area driveways were shown. With discussion on a chain link fence, area driveways and gates, Mr. Jones noted, "The issue then is this gate and the entranceway here. Unlike the other places that you saw, the other four (4} driveways, five ~5) driveways, Mr. Miller will use this maybe, once or twice a wee ,may e." Mr. Jones stated, "We are prepared to amend the Application to make it a twelve foot (12') wooden fence or gate like that, that will slide instead of swing open - if that is possible too, to make such an Amendment, and allow him to keep his gate and entrance there, at that spot." Attorney Garganese spoke for the Record and stated, "The Policy that's being referenced by the Attorney is Policy 1.2.13 under the Transportation Element. That Policy, I believe was adopted pursuant to Ordinance 2001-5 5 when the City adopted .its new Comprehensive Plan. That Policy provides `Permit, no individual residential driveways onto collector or arterial roads. Individual driveways shall be located on local roads which channel trips to the collector and arterial system. This Policy has been in place approximately since 2002. Also, the Ordinance in question, the Aesthetic Review Ordinance was effective in July of this year. The Ordinance does grant to the City Manager authority to conduct the Aesthetic Review or his designee. Ron (McLemore), have you ever designated that responsibility, since the adoption of Ordinance in question, 2007-21 ? Have you ever delegated that responsibility?" Manager McLemore stated, "Not specifically, no." Attorney Garganese added, "Under the Ordinance, the Manager has the authority to do the interpretation." Further comments. Commissioner Gilmore asked, "Did he ever apply for a driveway entrance?" Manager McLemore responded, "Not to my knowledge." with discussion, Attorney Garganese explained that "The primary issue that you have before you is whether or not the Fence Permit Application, as applied, the Manager's decision on that Fence Permit, whether it should be reversed and the chain link fence be allowed, or should you support the City Manager's decision to deny the Chain Link Fence Permit Application." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -OCTOBER 22, 2007 PAGE 18 OF 24 Attorney Garganese then noted, "If you apply for a Fence Permit under the Ordinance that was adopted in July of 2007, that Fence Permit Application must undergo Aesthetic Review and in this case, apparently, a Permit was actually issued, but the Application never received Aesthetic Review by the Manager." Further discussion. Attorney Garganese remarked, "If you uphold the Manager's decision on the Chain Link Fence, or Chain Link Fence Gate, then it will just go back and the Applicant, Property owner, Mr. Miller can submit something different, and that will be considered on its merits at the time it is submitted, by the Manager." "MOTION THAT WE UPHOLD THE CITY MANAGER'S OPINION TO ALLOW THE MILLER'S TO COME BACK WITH A MODIFIED, IF THAT IS THE WAY WE HAVE TO DO IT, WITH A MODIFIED PERMIT REQUEST." MOTION BY COMMISSIONER BROWN. DEPUTY MAYOR McGINNIS SAID, "SECOND." DISCUSSION. Deputy Mayor McGinnis opened the "Public Input "portion of the Agenda Item. No one addressed. the City Commission. Deputy Mayor McGinnis closed the "Public Input "portion of the Agenda Item. MANAGER McLEMORE STATED FOR THE RECORD, "THERE WAS A STATEMENT IF I HEARD IT CORRECTLY FROM MR. JONES THAT THE PERMITS FOR WHAT HAS BEEN REFERRED TO AS `BARN' WERE ISSUED IN ERROR. THEY WERE NOT .ISSUED IN ERROR. AND THAT'S THE REASON WE WOUND UP WITH A COMPATIBILITY ORDINANCE, WAS AT THAT POINT IN TIME, THE `BARN' WAS TOTALLY CONSISTENT WITH OUR ORDINANCES, AT THAT TIME. S0, I JUST WANTED TO MAKE IT CLEAR IN THE RECORD THERE WERE NO ERRORS MADE BY THE STAFF OR THE CITY ON THE PERMITS OF THE `BARN'. WHAT WE FOUND OUT WAS THAT THE RESTRICTIVE COVENANTS WEREN'T IN PLAY AT THAT POINT IN TIME." MR. JONES STATED, "IF I SAID THAT, I STAND CORRECTED." WITH FURTHER COMMENTS, MANAGER McLEMORE STATED, "WE WILL TRY TO WORK IT OUT." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -OCTOBER 22, 2007 PAGE 19 OF 24 VOTE: COMMISSIONER BROWN: AYE COMMISSIONER GILMORE: AYE COMMISSIONER KREBS: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE MOTION CARRIED. REGULAR AGENDA REGULAR b00. Office Of The City Manager Requesting The City Commission To Consider Settlements With David And Shelli Smith And Michael And Lorraine Camarano Resulting From Sewer System Back- ups During Hurricane Charley And Approve A Supplemental Appropriation From Utility Fund Reserves For Funding Of These Settlements. This Item Was Tabled At .The Uctober 8, 2007 Commission Meeting. Request Commission To Remove Item From The Table.) "MOTION TO REMOVE FROM THE TABLE." MOTION BY COMMISSIONER KREBS. SECONDED. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. Manager McLemore introduced this Agenda Item. Tape 3/Side A Mr. [Kevin] Smith then spoke on this Agenda Item. Mr. Mike Camarano, 1609 Little Sparrow Court, Winter Springs, Florida: gave a presentation on his situation and this Agenda Item. Much discussion. Mr. Dave Smith, 1612 White Dove Drive, Winter Springs, Florida: introduced his wife Shelli, and addressed the City Commission on his situation. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -OCTOBER 22, 2007 PAGE 20 OF 24 Brief discussion ensued on Attorney's Fees. Further comments. Commissioner Brown remarked, "If the investigation shows that we actually did pay the Mize's Attorney bill, what would your recommendation be on that?" Commissioner Gilmore added, "I think the Smith's should be entitled to their Attorney's fees." Manager McLemore asked, "What about the ones who did not get paid for Attorney's Fees?" Manager McLemore then said, "We need to find out what that's all about." Discussion continued. Tape 3/Side B Mr. Smith further addressed the City Commission and Staff. Discussion ensued. Commissioner Krebs suggested that the Attorney's Fees issue be further reviewed; to which Manager McLemore said, "I would just have to go back and try to research it." "I WOULD MAKE A MOTION THAT WE OFFER -THEM `OPTION 2' AND IF THEY WILL ACCEPT THAT, WITHIN FIFTEEN (15} DAYS, THIS ENTIRE ISSUE IS CLOSED." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER BROWN: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. Deputy Mayor McGinnis said to Mr. Smith, "Are you going to follow up?" Mr. Smith responded by saying, "Yes." REGULAR 601. Community Development Department Requests The City Commission Provide Certain Clarification Regarding Its Directive To Amend The Minimum Setback Requirements Within PUDs (Planned Unit Development}, As Set Forth In Section 6-$6.Of The City Code. Mr. Baker began this discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -OCTOBER 22, 2007 PAGE 210F 24 Commissioner Gilmore remarked, "I guess the thing that is bothering me is trying to interpret in reading this, what you are really asking for. Before we had drawings showing what all of these things were. Today, we don't have them." Deputy Mayor McGinnis added, "It needs to came back." Commissioner Gilmore then noted, "And, it is a lot of verbiage and I think it needs to come back here with some sketches showing what you all are referring to." "MOTION TO TABLE UNTIL THE NEXT MEETING." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER BROWN. DISCUSSION. vOTE: COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: AYE COMMISSIONERMILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: NAY MOTION CARRIED. REGULAR 602, Office Of The City Manager Requests The City Commission To Review A Draft Of The Proposed Community Assistance Program And Make Any Changes The Commission Deems Appropriate. This Agenda Item was not discussed during this Meeting. REGULAR 603. Office Of The City Manager Requesting That The City Commission Make Budget Determinations Regarding The General Fund's $330,495.00 Budgeted Appropriation To Fund Balance For The Fiscal Year 2007-2008 As Well As The $3,271.605.00 General Fund Designation For Non-Recurring Special Capital Projects For Fiscal Year 2007-2008. Additionally, this Agenda Item was not discussed during this Meeting. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -OCTOBER 22, 2007 PAGE 22 OF 24 REGULAR boo. Community Development Department Requests The City Commission Remove From The Table And Approve A Development Agreement For The Regions Bank Site, Located At The Southeast Corner Of Parkstone Boulevard And SR (State Road} 434. Attorney Garganese presented this Agenda Item for discussion and noted, "In essence, the Agreement memorializes in writing the sign package that the Commission approved at the last Meeting - it attaches that sign package as an Exhibit to the Development Agreement, and then we get into the specifics that were stated in the Agenda Item in the direction that. the Commission gave regarding building mounted signage; the symbol and the logo signage; the wall signage; and signage affecting landscaping. And then we also addressed the green space preservation; the Cross Seminole Trail; the driveway pavers that you discussed; thirty foot (30') turning radius which I believe we discussed twenty- five feet (25') during the Commission Meeting and apparently that's not feasible, if I recall, so it's a thirty foot (30'} turning radius; no Saturday operations as you directed, and then for parking spaces. Let me go back - I want to address a couple of real specifics that the Commission did not consider. Under wall signage, if you recall, the Commission agreed that the Regions [Bank] wall signage on State Road 434 was acceptable. What was not discussed was the illumination of that sign." Attorney Garganese continued, "It wasn't discussed - it was not in the sign package that they proposed originally." Furthermore, Attorney Garganese explained, "They're requesting an illuminated wall sign and that's not what the Commission approved." Attorney Garganese then noted, "We just want clarification - if you're not willing to even consider that, then we will go back to Regions [Bank] and tell them that, the way the Agreement is drafted, it's exactly what the Commission approved -non-illuminated." Commissioner Krebs stated, "No, not illuminated, I don't go for the illumination." Deputy Mayor McGinnis remarked, "I don't either." Mr. Baker addressed the suggested illuminated signage issue and explained, "The two (2} signs on the tower, that are each 12.4 square feet, those were internally illuminated signs, the sign on the wall is 29.1 square feet was to be non-illuminated. That's what it was when we wrote the Report, that's what we represented to you and that's what you approved." Commissioner Krebs stated, "That is what I agreed to." Deputy Mayor McGinnis noted, "And we are still saying that stays." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -OCTOBER 22, 2007 PAGE 23 OF 24 Attorney Garganese suggested, "If they want to clarify that a landscape light is okay." Commissioner Krebs remarked, "That is fine." Commissioner Gilmore said, "Illuminate the landscape." Attorney Garganese mentioned, "We're talking - a small landscape light." Attorney Garganese then asked the City Commission, "No problem with that?" Commissioner Krebs said, "No." No objections were voiced. Continuing, Attorney Garganese spoke about "Reducing the number of parking spaces, by five (5}. There may have been some statements made that those five (5} parking spaces would come right along the green space area, and that is not correct -four (4) out of the five (5}..." Mr. Baker stated, "...The Motion was to remove five (5) spaces on the East side." Attorney Garganese explained about the diagram and noted, "There was a green space area -there were five (5}parking spaces along there. The Commission directed that five (5} of them be reduced from that east side and they're telling us that they're -only can do four (4} on the east side and then one (1 } on the..." Mr. Baker added, "...One (1 }was on the west side. I don't know if they were saying they can only do it, but that's what the revision was." Furthermore, Attorney Garganese noted, "The bottom line is they're reducing it by five (5) -the total number of parking spaces are twenty-four (24), as you approved, with one (1) handicapped parking space," Further discussion. Attorney Garganese commented, "We're asking you to consider approving the Development Agreement." "SO MOVED." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER GILMORE. ATTORNEY GARGANESE NOTED, "WITH THE AMENDMENTS THAT WE TALKED ABOUT..." COMMISSIONER BROWN ADDED, "...WITH THE AMENDMENTS." DISCUSSION. VOTE: COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -OCTOBER 22, 2007 PAGE 24 OF 24 REGULAR b05. Office Of The City Manager And Information Services Department wishes To Inform The Commission On Approximate Values Of Surplus Equipment Sent To Auction And Request That Commission Determine How To Proceed With Surplus Assets Disposal. This Agenda Item was not discussed during this Meeting. REGULAR bOb. Office Of The City Manager Requesting the Commission to Review the City Manager report responding to the complaint of Cyndi Read EMS Account # 602512-Olan Appeal for EMS Transport Bill. This Agenda Item was also not discussed during this Meeting. Manager McLemore said to the City Commission, "If you all have any comments on `602', if you want to give me a call, I'd appreciate it." Manager McLemore added, "On item `602', if you will give me a call between now and next Meeting, if you have any thoughts, ideas." ADJOURNMENT Deputy Mayor McGinnis adjourned the Regular Meeting at 10:00 p.m. RESPECTFULL Y S~IB~IITTED: 4 ...: ( ~~ ~ ~;; A A LORENZO-LUACES, CMC C ~~ C,LE~K PROVED: /oX~; fIN ~~. $USI~ y'YOR NOTE: These Minutes were approved at the November 13, 2007 Special City Commission Meeting.