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HomeMy WebLinkAbout_2006 06 12 City Commission Regular Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING JUNE 12, 2006 CALL TO ORDER The Regular Meeting of Monday, June 12, 2006 of the City Commission was called to order by Mayor John F. Bush at 6:34 p.m. in the Commission Chambers ofthe Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Mayor John F. Bush, present Deputy Mayor Michael S. Blake, present Commissioner Robert S. Miller, present Commissioner Donald A. Gilmore, present Commissioner Sally McGinnis, present Commissioner Joanne M. Krebs, present City Manager Ronald W. McLemore, present City Attorney Anthony A. Garganese, present A moment of silence was followed by the Pledge of Allegiance. PUBLIC INPUT Mr. Bob Rucci, 973 Turkey Hollow Circle, Winter Springs, Florida: spoke of the upcoming "Hogs and Hounds Charity Poker Run" scheduled for late July; and also mentioned his interest in Regular Agenda Item "309" and hoped the City was still checking into options within the City. Mr. David Mize, 1607 Little Sparrow Court, Winter Springs, Florida: mentioned his support for the Conservation Easement related to the Winter Springs Golf Course and keeping it a Golf Course. Mr. Mize also acknowledged a mistake in his Election Campaign relative to the City's debt. Mr. Craig Kaplan, 887 Benchwood Drive, Winter Springs, Florida: noted a previous fire in his home and because of problems with his Insurance carrier, Mr. Kaplan suggested that the City could take into consideration reduced Permit Fees or the elimination of Permit Fees for people in his situation. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 12,2006 PAGE 2 OF 45 Mayor Bush asked Mr. Kaplan, "Have you spoken with the City Manager at all about this?" Mayor Bush then said to Mr. Kaplan, "1 think it would be beneficial if you would speak with him, and then let him maybe bring this back before the Commission." Mayor Bush suggested, "Just make an appointment" to see the City Manager. Mayor Bush recognized former Commissioner Edward Martinez, Jr. and former Commissioner Cindy Gennell. Mr. Edward Martinez, Jr., 205 Little Creek Lane, Winter Springs, Florida: spoke of the recent Court decision and noted, "The last time 1 spoke here, 1 quoted a newspaper article and 1 think that 1 said that it was an article that was in the Oviedo V oice. Well, it was not in the Oviedo Voice." Mr. Martinez added, "It was in the Seminole Chronicle." With further brief comments, Mr. Martinez, stated, "1 will give it to the Clerk so that Commissioner Miller can see it." Ms. Helga Schwarz, 720 Galloway Court, Winter Springs, Florida: spoke of the new owners of the Winter Springs Golf Course and mentioned that since the City is now charging the Winter Springs Golf Course for Reclaimed Water, Ms. Schwarz hoped that this issue would be readdressed. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 100. Office Of The Mayor Proposed Design Standards And Zoning Regulations For The CRA (Community Redevelopment Agency) Associated With Increased Building Heights And Densities. Mr. Kevin Fall, Director of Economic Development, Seminole County, 1101 East First Street, Sanford, Florida: gave a presentation to the City Commission. Discussion. Mr. Fall stated, "What we're really after for here is comment by the cities with regards to how you feel about these design guidelines in the areas that we have chosen. The [US Highway] 17-92 CRA (Community Redevelopment Agency) has been one of the very unified efforts that we've had since its inception in 1997 - really starting to see a lot of success along the corridor. The market interest is starting to be - what we are trying to be is proactive, rather than reactive so that we don't have to have a different set of rules for a different set of Developers; that all, everybody plays by the same rules and everybody has same ability to gain the same intensities and densities, and it is an economic program. " CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 12, 2006 PAGE 3 OF 45 Further, Mr. Fall explained, "We've been to each of the cities, and - what we are requesting is that the City Commission send comments through the City Manager back to me at the County, and then 1 will take those comments forward to a final meeting of our RP A (Redevelopment Planning Agency) which at this point in time is scheduled for June 30th - and then they would be forwarded then to the CRA (Community Redevelopment Agency) sitting as a Board on their meeting in July, 1 think it's the 23rd. Again, if favorable considerations are given to this, they would all come back then to the individual cities for again, your amendments to your Land Development Code." Discussion. Mayor Bush said, "Commissioners will get their information into either Commissioner Miller or the [City] Manager." Commissioner Robert S. Miller suggested, "I would just give it to Ron [McLemore]." PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 200. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For First Reading Of Ordinance 2006-09 Which Rezones 2.85 Acres (More Or Less), Located At 1057 US Highway 17-92 North From "C-2 General Commercial" (Winter Springs) To "1-1 Light Industrial" (City Of Winter Springs). Mayor Bush said, "Motion to read by 'Title' only?" "SO MOVED." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER KREBS." DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 12, 2006 PAGE 4 OF 45 City Attorney Anthony A. Garganese read Ordinance 2006-09 by "Title" only. Mayor Bush opened the "Public Input" portion of the Agenda Item. Ms. Cindy Gennell, 706 Meadowbrook Drive, Winter Springs, Florida: briefly addressed the City Commission. Mayor Bush closed the "Public Input" portion of the Agenda Item. Ms. Eloise Sahlstrom, ASLA, AICP, Senior Planner, Community Development Department introduced this Agenda Item. Discussion. Ms. Sahlstrom noted, "There is a mistake in your Agenda Item, and that is just on the Table that lists the existing Land Uses, Zoning, and Future Land Use. There was an error - south of this property. It states that it is 'Single Family Residential', McKinley Mill subdivision, obviously that was a carryover from a previous Agenda Item. South of this particular property, Mr. Moretti also owns an adjacent piece and it's utilized for auto related retail and commercial uses. It has a 'C-2' Seminole County designation. So I just wanted to correct that." Further discussion. "MOTION TO MOVE TO COMMISSIONER McGINNIS. DISCUSSION. SECOND READING." MOTION BY SECONDED BY DEPUTY MAYOR BLAKE. VOTE: DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 12,2006 PAGE 5 OF 45 PUBLIC HEARINGS 201. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For Second Reading/Adoption Of Ordinance 2005-29, A Large Scale Comprehensive Plan Amendment, Referenced As LS-CP A-06-01 Which Changes The Future Land Use Map (FLUM) Designation From "Industrial" To "Medium Density Residential" For Seven (7) Parcels Containing 47.27 Acres, More Or Less, Less Areas 1 And 2, Located Between Shepard Road And Florida Avenue And To Give Consideration To The Objections, Recommendations And Comments (ORC) From The State Department Of Community Affairs And The Applicant's Response Which Includes A Binding Development Agreement. Attorney Garganese read the Ordinance by "Title" only. Mayor Bush opened the "Public Input" portion of the Agenda Item. Ms. Linda Tillis, 1102 Erie Court, Winter Springs, Florida: spoke in opposition to this Ordinance and mentioned the need for Industrial property in the City. Ms. Denise Ryser, 1707 Littleton Court, Winter Springs, Florida: also spoke In opposition to this Ordinance and mentioned attracting new businesses into the City. Mr. Jay Olivares, 502 Shane Circle, Winter Springs, Florida: spoke in opposition to this Agenda Item and did not feel this was in the best interest for the community, based on the data. Tape I/Side B Ms. Loretta Sagers, 804 Kilt Court, Winter Springs, Florida: spoke of concerns with school capacity criteria and heavy traffic, and suggested that the Highlands subdivision would incur a lot of problems if this was approved. Ms. Helga Schwarz, 720 Galloway Court, Winter Springs, Florida: representing the Highlands Homeowner's Association, Ms. Schwarz noted their opposition to this proposed Land Use change. Ms. Cindy Gennell, 706 Meadowbrook Drive, Winter Springs, Florida: noted previous comments that have been made regarding this Application and spoke of vacant space available near this area. In a related issue, Ms. Gennell stated, "The red light - the amber down there, does need to be adjusted, the timing needs to be fixed on the light." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 12, 2006 PAGE 6 OF 45 Ms. Diane Blauvelt, 502 Shane Circle, Winter Springs, Florida: Mayor Bush stated, "Diane [Blauvelt] indicated she did not wish to address the Commission and she is opposed. " Ms. Helga Schwarz, 720 Galloway Court, Winter Springs, Florida: spoke for the Record as being opposed to this proposed project and noted her concerns with school overcrowding. Mr. Edward Martinez, Jr., 205 Little Creek Lane, Winter Springs, Florida: suggested this project would be better than other projects that could also go into this area. Mayor Bush closed the "Public Input" portion of the Agenda Item. Discussion. Ms. M Rebecca Furman, Attorney, Lowndes Drosdick Doster Kantor & Reed, P.A., 215 North Eola Drive, Orlando, Florida: as Counsel for the Keewin Real Property Company, Ms. Furman spoke on the merits of this project. Discussion. Ms. Furman stated, "The Applicant in the Developer's Agreement to help the compatibility with those properties that are commercial and industrial to the west, we've agreed to provide for a six foot (6') high wall on top of a five foot (5') high berm, with trees, shrubs, and importantly, irrigation and that's along the western boundary. The Applicant has also proposed in the Developer's Agreement to address the concern of some of the property owners to the west - and we saw Mr. Moretti's property was up just before ours - he has warehouses that build sheds there, and we certainly don't want to bring in residents and then have them complain about what Mr. Moretti has a right to do and is already doing there. So, we agreed to include in our CC&R's (Covenants, Conditions, and Restrictions) to be approved by your City Attorney, Notice indicating that the properties to the west have an 'Industrial' designation." Discussion. Mr. George Kosmac, Deputy Superintendent, Seminole County Public Schools, 400 East Lake Mary Boulevard, Sanford, Florida: spoke on teachers, school capacity levels, and outgoing 5th graders. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 12,2006 PAGE 7 OF 45 Commissioner Sally McGinnis then said to Mr. Kosmac, "If you would like to reiterate your position on this project as it relates to the school, I would appreciate it." Mr. Kosmac stated, "Taking a look at this development, yes, it certainly does have an impact on our Schools, however, looking at our Elementary [School] capacity, we do have capacity there at the Elementary Schools. One of the concerns I do have of it is - Highlands - one of the issues we have is that Layer Elementary is below capacity. So, one of the options we may want to consider is seeing if the Developer would agree to having its Elementary students possibly go to Layer Elementary. That would be a big help to the School District if you go ahead and approve this - proposal." Discussion. Tape 2/Side A Further discussion. Ms. Sahlstrom pointed out that, "There is a citizen information list available. It's a courtesy list that you can sign so that the State has your information and they can send you information on any decisions they render on this." Discussion ensued on Industrial Land Uses, to which Deputy Mayor Michael S. Blake asked, "What about other locations within the City, for instance the area on [State Road] 419 commonly known as the Winter Springs Industrial Park?" Ms. Sahlstrom stated, "Most of that land is currently being used and in many cases it is not compatible with the Zoning. There are also enclaves of County land in there that we don't have - currently under our jurisdiction; so there is some acreage that could be added once those enclaves would be annexed. There's not a lot, it's a very limited amount." Further discussion. Commissioner Joanne M. Krebs asked Attorney Garganese, "What happens if DCA (Department of Community Affairs) does not accept the answers?" Attorney Garganese stated, "If DCA (Department of Community Affairs) still has objections after the Commission adopts a Comprehensive Plan Amendment, then they will publish a Notice to find the Comprehensive Plan Amendment not in Compliance with State Law at which point the City will have a decision to make - they can withdraw the Comprehensive Plan Amendment or they're going to end up - going to an Administrative Hearing to defend the Comprehensive Plan Amendment that was adopted." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 12, 2006 PAGE 8 OF 45 With discussion, Commissioner Krebs asked Ms. Furman, "We know that there's a hundred seventy-five foot (175') buffer between the Wildwood area and - acreage - the power easement; and you suggested a buffer, a five foot (5') berm with a six foot (6') wall. What kind of wall?" Ms. Furman stated, "It would come back before you in the PUD (Planned Unit Development) to the Developer." Ms. Furman then explained, "That was what we would build as a wall; a berm and a wall. That's not necessarily saying then that we wouldn't have any setbacks also." Commissioner Krebs then asked Ms. Furman, "You are planning setbacks then?" Ms. Furman also stated, "I'm sure that we would have to have some sort of setbacks between 'Industrial' and 'Residential'." Commissioner Krebs stated, "Would you happen to know approximately how much?" Ms. Furman stated, "I'm sure it's in your Code when we come back for the PUD (Planned Unit Development)." Continuing, Commissioner Krebs said, "The berm, would that not cause the water to drain in a different way?" Ms. Furman stated, "I'd have to defer to my Engineer, David Evans, if he wants to come up. But, anything is going to have to be, will have to be approved by your City Engineering, also any surface water that is moved." Mr. David Evans, Evans Engineering, 719 Irma Avenue, Orlando, Florida: stated, "The berm that we have proposed on the western side of the property adjacent to the Industrial property, would have to be swaled on both sides in order to accommodate the drainage. We're talking about a five foot (5') berm with probably four to one (4:1) side slopes, it's maintainable with landscaping and irrigation like you mentioned before." Commissioner Krebs said, "I am concerned, not that there's redevelopment or will be redevelopment on [US Highway] 17-92, I think it is a great thing; but - are these two (2) story buildings..." Ms. Furman stated, "... Yes..." Commissioner Krebs continued, "...And so you've got five foot (5') and six foot (6'), what is that - eleven feet (11')...?" Commissioner Krebs added, "Then they get to enjoy the scenery on [US Highway] 17- 92?" Then, Commissioner Krebs asked, "Would there be windows on that side?" Ms. Furman noted, "Yes, people on two (2) story's - people would be able to look out, but this is something that they would know when they came to purchase a unit. That's part of why we're adding in the CC&R's (Covenants, Conditions, and Restrictions) exactly what is next to us and I think that it looks like it's the long range plan of the County and they're asking for you all to agree to upgrade that." With further discussion, Commissioner Krebs said, "But, I understand you're also going to let those people know that they are going to be abutting commercial property and are you going to have them sign something; because I sure would like them to sign it." Commissioner Krebs added, "They should really be made to realize, that that is what it is." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 12,2006 PAGE 9 OF 45 Ms. Furman stated, "Your Covenants, Conditions, and Restrictions (CC&R's) are part of the Title work that would go along with each of the sales." Ms. Furman added, "I think they'll be on notice several different ways. First of all, not many people buy property that they don't at least drive by, so they will be on visual notice. Mr. Morretti has an active operation out there. It's not as if this is vacant land that's one day going to be something - so, 1 mean they're on constructive notice that - it's the existing use that's out there now. We'll also put it in the CC&R's (Covenants, Conditions, and Restrictions) which are in the Title; there's much more important stuff in that Title information than just that. So, 1 don't see the need to actually have them give an Affidavit or sign something like that. And, actually, when you put it in the Title work - if you have someone who purchases this and then resells, it'll run with the Title and each person will then be on Notice. 1 think that's a better way of doing it than just having someone sign a piece of paper or sign a Waiver." Discussion. Ms. Rosanne Karr, 1323 Augusta National Boulevard, Winter Springs, Florida: as the Chairperson of the Planning and Zoning Board/Local Planning Agency, Ms. Karr spoke on her concerns with school overcrowding and industrial type businesses. "I MOVE THAT WE APPROVE ITEM '201'." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER KREBS: NAY COMMISSIONER McGINNIS: AYE MOTION CARRIED. Attorney Garganese stated, "Point of Order " and said, "That did include approval of the Development Agreement conditions as well?" Commissioner McGinnis responded, "That is part of that - yes. " CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 12, 2006 PAGE 10 OF 45 PUBLIC HEARINGS 202. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For The Aesthetic Review Of Phase II A Of The Winter Springs Town Center Located In The Northeast Corner Of State Road 434 And Tuskawilla Road. Phase II A Consists Of 312 Condominium Units And 33,292 Square Feet Of Retail/Restaurant/Office Space. Mr. Randy Stevenson, ASLA, Director, Community Development Department introduced this Agenda Item and stated, "This is an Item again, for Aesthetic for - what has - come to be known as Phase II. If you'll look at your map that is basically this area in the northeast quadrant of Tuskawilla [Road] and [State Road] 434, it kind of wraps around the McDonald's, it's very small. But, it's in this area right here. We'll have another map up a little bit later that you can see." Continuing, Mr. Stevenson explained, "Phase II of the Winter Springs Town Center incorporates two (2) major buildings and each has a vertical mixture of retail, office, and restaurant on the ground floor along Tuskawilla [Road], what we'll call Main Street in this area and along Tree Swallow [Drive], going through this area. The remainder of these buildings incorporates the upper floors as well as the ground floors on the alleys, and internal roadways are compromised of residential condominium units. Each building incorporates also or encapsulates, if you will, a parking structure within the building. Access is from Tuskawilla Road, Tree Swallow Drive, and through the internal alleyways which is a Town Center street that will have future connection to the spine road that will be located east of this parcel. The proposed buildings, as we've looked at it, if we can bring those up. Let me make a disclaimer if you will. I'm going to go through and present this as we had written it. It is my understanding that some of our recommendations have already been worked on by the Applicant. I have not seen those until tonight. When they do their presentation, they will may well answer some of the items that Staff will bring up at this point as part of our review - the four (4) areas that both your Staff and your Consultant's were concerned about on this facility were as it relates to Building 1. Building 1, the northern side of Building 1, fronts upon Magnolia Park. If you look at the boards, if I might, we were concerned that there were units in Building 1, on the first floor, that were residential. Your Code requires that those units open onto - with a working entrance onto the ground floor, onto the open space. They originally did not. What you're looking at here, are the entrances that have been incorporated so that comment has been taken care of by the Consultant. This is looking south from Magnolia Park onto this fa9ade right here. That was one of the main concerns that we had." Mayor Bush stated, "So, it's been addressed though?" Mr. Stevenson commented, "It has been addressed at this point. Yes." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 12,2006 PAGE II OF 45 Mr. Stevenson continued, "The other situation involved awnings, along the frontage where you have your commercial along mostly Tuskawilla [Road], but a little bit along Tree Swallow [Drive] here. What we've indicated to the Applicant, is that they weren't getting five foot (5') awnings to be used in conjunction with colonnades to take care of that first floor covering. We've indicated that those awnings need to be a minimum of six feet (6') and I believe they have agreed to do that; and - that would be the awnings, again, that you see right here - this is Tree Swallow [Drive] fac;ade. That would be the awnings that are coupled with the colonnades that were along Building 1 here, and along Building 2 to the south of Tree Swallow [Drive]. Again, that would be this commercial area that you are seeing here and here. And, they have agreed to work with us on that to resolve that. They've also agreed to another concern was again along Magnolia that there was not enough shade there. There's a double sidewalk. They've agreed to work with us there in terms of the building, but primarily the landscaping that would shade this area and provide a nice space along that divided sidewalk there next to the park. Item [(6)] b., there was no Aesthetic Review done of the signage, the street signage and the light poles at this point - that would be the subject of a future Aesthetic Review. The other two items are as I began to explain earlier. You have two (2) segments where the garages -look onto a public space. One is right here that we've talked about - we are requesting that they - and I don't have this one in color - the main one that we've talked about and that everyone's been aware of - for a long time now, is this large opening of the garage right here. What you're looking at is this fac;ade. Our comments are based on a prior review but what you see in the boards is this building right here. This is how they're treating the garage at this point. This area right here - is this garage looking north. If I were standing here looking into this garage, this is the fac;ade treatment that they have proposed. Again, Staff has just seen this for the first time tonight. Our original comment was that they needed to go back and bring this back for future Aesthetic Review because we felt that the fac;ade was too horizontal in its nature. While this is better, again I have - not had a whole lot of time to review this, but this is what's being proposed. The colors are in fact better and the fact that they brought this section of the building out, breaks up that horizontal nature of the building there, but this is another concern that Staff has at this point. Again, this is a better fac;ade than they had proposed before, but we haven't had a whole lot oftime to review that. There were also seven (7) units - again we have the same situation where we have a ground floor unit that does not have a main entrance onto the local public space that was a unit, here I believe and - three (3) units here and four (4) units right here, as far Building 2 is concerned. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 12,2006 PAGE 12 OF 45 My understanding from George [Tullos] is that they have been able to address those issues and he will bring that to you a little bit later in the presentation. Those are the four (4) or five (5) main issues that Staff had on this project. We have found that the project is consistent and compatible with the Town Center design specifications except as we've noted. These deviations are to be addressed in the future modification to the Development Agreement known as the Implementation portion. The new buildings will use colors and materials of an architectural detailing which compliments the Town Center, both the existing and proposed. We have found the Applicant's request for Aesthetic Review to be in Compliance and we recommend approval of that Aesthetic package subject to the deviations that we have brought forward to you tonight. The Applicant wants to talk about those. Again he has addressed some of those and Staff has seen these drawings for the first time tonight." Next, Mr. Stevenson stated, "(6) d., talks about Magnolia Square, which they have fixed- that and that is shown right here. They have given us ground floor entrances to these condominiums. The remainder of that talks about another units - seven (7) units in Building 2 and I understand it's actually eight (8) that are located Mr. Mayor, right here and along Tree Swallow [Drive] and along what is being called Southwestern - right now they fixed the Magnolia - the - ground four (4) condominiums along this. . . Tape 2/Side B . . . section of Building 2, were the ones that had internal entrances and did not meet the Town Center Code in terms of having their main entrance on a public space - Tree Swallow [Drive]. All four (4) floors are made up of residential condominiums. Again, the arched entryways that you have seen on several of these - the arched entryways here, lead to the encapsulated garage structures that are behind these liner buildings; and there are two (2) areas that we need to really take a look at. One is - I think we have a black and white rendering of this - embedded garage." Furthermore, Mr. Stevenson added, "Staff was very happy with the overall architecture and again I'll answer some specific questions for you, but I think the Applicant is going to do that. But again, there are several things that I want to bring to your attention if you'll go back to the fa9ade along Tuskawilla [Road] - which is this one right here." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 12,2006 PAGE 13 OF 45 Mr. Stevenson explained, "We had made a comment, one of our comments was the awnings and the treatment of the first floor balcony area in here to shade the storefronts - what was proposed were five foot (5') awnings, or six foot (6') awnings I believe in that area. We felt, as did your Consultant, the Town Center Consultant that those awnings needed to be wider; because in the summertime, we're not going to get that much help from the buildings located to the west side of Tuskawilla [Road], because of the angle of the sun in the summertime and the way it rotates around. So, I think the Applicant has looked at that area. If you'll go to the Building 1, along the Tree Swallow [Drive] side - basically what I want to show you is there are two (2) areas, this area of the garage is exposed to the alley way and for a period of time depending upon what happens here to State Road 434 - there is approximately a sixty-five (65) lineal foot area of this garage that is exposed right here. I want to show you those two (2) facades." Continuing, Mr. Stevenson stated, "This is Building 1 and this is the area of that comer behind that - behind this fa9ade, right here, this area of the fa9ade, is that comer of the garage and what this is, is a walkway, a covered walkway from this building, from this building to that building, to the internal entrances. Staff, when we talk about the sixty feet (60') long that fronts on Cross Seminole Trail, this is the area that we're talking about. We feel that our original comment was that the fa9ade needed to have the window treatments along the base of this building and that this walkway rather being an appendage, should be something that is a colonnade that adds a little more to this fa9ade, and again this is the same comment, that believe it or not, Staff and your Consultant came up with independently. I think the Architect will address the reason they did it this way, a little bit later." Brief discussion ensued on the order of the plans and display boards. Mr. Stevenson then said, "One is the sixty foot (60') fa9ade area that I just spoke to you about. We felt that that needs to be treated a little bit differently. The Architect that worked on that is going to be talking to you about that in a little bit. We feel that the covered walkway needs to be a colonnade incorporated into the building." "MOTION TO TABLE THIS ITEM." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER KREBS: NAY COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: NAY MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 12, 2006 PAGE 14 OF 45 Note: Due to technical difficulties, the next audiotape was used. Tape 3/Side A Mayor Bush called a Recess at 8:59 p.m. The Meeting was called back to Order at 9: 1 0 p. m. .:. .:. AGENDA NOTE: THE FOLLOWING PUBLIC HEARINGS AGENDA ITEMS WAS AGAIN DISCUSSED, AS DOCUMENTED. .:..:. PUBLIC HEARINGS PUBLIC HEARINGS 202. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For The Aesthetic Review Of Phase II A Of The Winter Springs Town Center Located In The Northeast Corner Of State Road 434 And Tuskawilla Road. Phase II A Consists Of 312 Condominium Units And 33,292 Square Feet Of Retail/Restaurant/Office Space. MOTION TO REMOVE FROM THE TABLE. MOTION. SECONDED. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Mr. Stevenson began the discussion of this portion of this Agenda Item. Discussion. Mr. George D. Tullos, James Doran Company, 216 Seven Farms Drive, Suite 200, Charleston, South Carolina: thanked the City Commission and Staff for their efforts on this project. Mr. Tullos then stated, "We actually found one (1) Staff didn't, and went ahead and put the entry to it on the front and that was right on the end here. And then we came over to the ones that Randy [Stevenson] pointed out, we've added entry here, and then the remaining units - if you will see that wide swath of landscaping right there, here is the theory - we can go back and add entrances to those units. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 12, 2006 PAGE 15 OF 45 What happens is you impact that landscaped area which we were creating common seating gathering space as is prominent throughout the Town Center and really has been requested by every other approval that we've gained - is to provide some kind of gathering area. So, if we eat into that landscaping and that is a large seating area as you can see, then we have to bring sidewalks back there to those units and it disrupts, I think a public gathering area or at least a quiet gathering area. Off the back side, right here, from the back side of the unit, it is a five foot (5') drop so you would have to have some pretty tall looking stairs coming up there that I think would provide entirely too much concrete along that street fayade, not to mention you have head-in parking, diagonal parking that's going all along there, so you really are not going to have a whole lot of room there to drop stairs down to the front end of cars that are pulling in. So, what we felt like was, we went back and added here, we added here, we could add here if need be, but these units just - it didn't make a lot of practical sense to add entry to. We did go back on Magnolia Park and added the three (3) units and added their entrances out to the park and they look fantastic - this is the Magnolia Park elevation. If you were standing in the park or near the fountain looking back onto the building, you'd see where we've added the stoops to three (3) units, and this is a retail space." Continuing, Mr. Tullos stated, "Right here, we've added this stoop, this and this. Those are three (3) residential units that will front Magnolia Park and then that is a retail space. Probably a Bistro, Cafe type space; it's a fairly small retail space what works there. And that's really where we've addressed the stoops meeting parks and roads." Mr. Tullos then noted, "This particular board really showcases what we have done to the garage. We bumped this out significantly to reveal on either side - we've changed the color, the brick, and the stucco or whatever finish would be here. These colors differ from the colors in the middle and then these colors are repeated over here. So, you go from a lighter brick to a darker brick to a lighter brick and then the contrasting color in the middle, and you can even add more contrast if need be. And then we bumped this up to eliminate that long span of just straight horizontal." Commissioner Donald A. Gilmore asked, "Is that what it would look like from [State Road] 434?" Mr. Tullos said, "That is what it would look like from [State Road] 434 until such time we build a building on what you can't see is a full pad there, and we're nowhere near a deal, but we are in discussions to begin what would look like a three (3) to four (4) story office building." Mayor Bush said, "There would be an office building there?" Mr. Tullos said, "Yes Sir, correct." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 12,2006 PAGE 16 OF 45 Commissioner McGinnis asked, "Explain to me the inner entry. What's the option? You walk into a hallway?" Mr. Tullos said, "That is an internal corridor right there - those units actually have their front door entry off the hallway. So, it is a secure internal corridor." Commissioner McGinnis said, "I don't have a problem with that over-hanging sidewalks and steps." Commissioner Miller said, "Also, this is the Trail here?" Mr. Tullos said, "That's correct." Commissioner Miller then said, "It would actually go on the outside of these trees here?" Mr. Tullos said, "It does. It follows a similar line, correct - I didn't touch on this - but I didn't mention this fayade which Randy [Stevenson] brought up and we're looking at some things we can do there. I think we can strengthen the colonnade, I think we can add a couple of columns, it will kind of add some variety to that side of the building. But, you also have to realize that from the Trail, if you were on the Trail down here, you would be looking up roughly four feet (4') to come to the walkway." Commissioner Miller stated, "I like your comment about that - park right there because there will be people going back and forth to the other side of those trees constantly, going back and forth." Mr. Tullos said, "Correct." Mr. Tullos added, "That area that - is depicted right here, and you can that as a seated area, a nice large round area. These are the units in question, you can see that we added this particular stoop to accommodate the Code. These two (2) - if we start popping in the sidewalk back there and there - these are benches all along here. I would really rather project a community feel - straight off the street and into the place." Commissioner McGinnis pointed to an area and said, "What is this?" Mr. Tullos said, "That is the garage area we're talking about and if you were looking at these columns here I think we could add more and beef this up a little bit. That is the small section of garage in the north building - that is this area right here, Commissioner." Commissioner McGinnis said, "Okay." Mr. Tullos said, "It is a walkway right now. If you came down this internal corridor and you entered your units along here, you could come from the parking garage out here and walk out. There is really nowhere for anyone to go. It's more for ingress and egress in case of emergency and access to this private courtyard here. It will be for the residents." Deputy Mayor Blake said, "I understand that sometime in the future, that this is going to be an alley with some building in front of it, at least from somewhere, here to here." Mr. Tullos said, "Correct." Deputy Mayor Blake said, "Assuming that McDonald's might be there for a while, that means that this portion is going to be exposed potentially for a long time to come. You don't have control over that property. There is no current plan to purchase it or redevelop it or turn it into something like this." Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 12,2006 PAGE 17 OF 45 Deputy Mayor Blake asked, "What is your expected timeframe on all this?" Mr. Tullos said, "Thanks to you all, we have an early disturbance Permit and could move forward with early Site Work, clearing, grubbing, and so forth. We think we could probably do that in the next thirty (30) days. We are trying to select a Site Work Contractor now. Once we have that person in place, I think we could move forward with the Arbor Permit and put everything in motion - we have to begin on the infrastructure which we still need Final Engineering approval, and infrastructure includes Roadways, Sewer - your pond, the two (2) garages. I would hope to begin garage construction, March." Next, Deputy Mayor Blake asked, "How tall is this garage? Looks like its four (4) stories?" Mr. Tullos stated, "Both garages are five (5) stories." Deputy Mayor Blake said, "Five (5) floors. There is parking on the roof?" Mr. Tullos said, "That is correct." Deputy Mayor Blake asked, "Your entrance discussion back over here, I agree with. Leave it how it is." Mr. Tullos said, "Okay." Discussion. City Manager Ronald W. McLemore asked, "These Elevations are all rear Elevations aren't they, for those buildings? That's the rear facing the alley, right?" Mr. Tullos said, "That's correct. It faces the alley and [State Road] 434." Manager McLemore said, "But, when the building is built, this will all be covered by the building and this will be basically on the alley." Mr. Tullos said, "That is correct. And that alley is a one (1) way access." Manager McLemore said, "So, this becomes rear building to rear building..." Mr. Tullos said, "... That is correct..." Manager McLemore then said, "... This is then totally covered by another building." Mr. Tullos said, "That is absolutely correct." Mayor Bush opened the "Public Input" of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" of the Agenda Item. Commissioner McGinnis said, "I like your fire pit area. I also like the roofline, the one we are looking at right now." Commissioner McGinnis then said, "I am looking at 'Building 2 Alley Elevation' - the ones with the flat roofs - how long before there will be anything projected?" Mr. Tullos said, "If we sign the right amount of leases, we'd start the building as quickly as we can be permitted. We are actively marketing that pad, let's put it that way, and we are trying to do something as quickly as we can. I don't want to fail you. So, I don't want to put a date on it." "I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE THIS ITEM SUBJECT TO STAFF'S COMMENTS AND THE ADDITIONAL COMMENTS MADE BY THE COMMISSION THIS EVENING." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 12,2006 PAGE 18 OF 45 MANAGER McLEMORE SAID, "IT SEEMS TO ME THAT THE COMMISSION IS GOING TO NEED SOME DEGREE OF CERTAINTY ABOUT THE TIMING OF THE CONSTRUCTION SO THE BUILDING IN ORDER TO APPROVE THIS SITE; THE FACT THAT IF WE WANT TO DO IT 'SOMETIME IN THE FUTURE', I DON'T THINK IS GOOD ENOUGH. THE QUESTION IS, I THINK YOU'VE GOT TO MAKE SOME COMMITMENT TO SATISFY ME, MAYBE NOT TO SATISFY THE COMMISSION; BUT WHEN ARE THOSE BUILDINGS GOING TO TAKE PLACE SO THAT FA<;ADE IS NOT WHAT YOU SEE IN THE TOWN CENTER? AND IT SEEMS TO ME, IT NEEDS TO BE SOMETHING ALONG THE LINES OF, IT'S OUR PRIORITY AND OUR NEXT SET OF BUILDINGS." MR. TULLOS SAID, "IT'S CERTAINLY OUR PRIORITY BECAUSE IT'S A HIGHLY MARKET ABLE, VERY EXPENSIVE PIECE OF FRONT AGE ON [STATAE ROAD] 434, SO IT'S PART OF OUR MARKETING PLAN TODAY. WE ARE IN DISCUSSIONS WITH THOSE THAT I CANNOT NAME BECAUSE I DON'T WANT TO SEND ANY FALSE HOPES OUT THERE. WE ARE WORKING DILIGENTLY TO DO THAT NOW. AS FAR AS MAKING A FUTURE TIME COMMITMENT, WITH ALL DUE RESPECT, IT'S SOMEWHAT UNREALISTIC, BECAUSE WE DON'T KNOW WHO MAY SIGN, WHAT TYPE TENANT WE MAY GET, WHAT OTHER TYPE TENANTS WE MAY GET. I WOULD LOVE TO TELL YOU WE'RE GOING TO START THAT BUILDING, VERY NEXT THING." MANAGER McLEMORE SAID, "TO ME, IT'S NOT AN ISSUE WHETHER IT'S SIX (6) MONTHS OR A YEAR. TO ME, THE ISSUE IS THAT THAT'S YOUR NEXT PRIORITY - NOT WHEN WE GET AROUND TO IT BECAUSE SOME TENANT FITS THAT CRITERIA." MR. TULLOS SAID, "NO, NOT AT ALL..." MANAGER McLEMORE SAID, "...YOUR NEXT SET OF BUILDINGS ARE GOING TO BE THOSE BUILDINGS RIGHT ALONG THERE." MR. TULLOS SAID, "WE'RE GOING TO DO THE BEST TO MAKE THAT POSSIBLE. WE OWN ALL FORTY SIX (46) ACRES THAT ENCOMPASS PHASE II, FORTY- EIGHT (48) ACRES. WE'D LOVE TO DEVELOP IT ALL IMMEDIATELY, AND WE INTEND TO." NEXT, MANAGER McLEMORE SAID, "I AGREE. IT SEEMS LIKE TO ME BASED ON THAT, YOU WOULD BE ABLE TO MAKE SOME TYPE OF AGREEMENT WITH THAT WITH THE COMMISSION." MR. TULLOS SAID, "I DON'T KNOW HOW WE COULD; UNLESS YOU'RE ASKING US TO AGREE TO BUILD A SPECULATIVE BUILDING WHICH I CAN'T SEE MARKET FORCES ALLOWING ME TO DO THAT." MANAGER McLEMORE SAID, "I THINK WHAT I'D BE SUGGESTING IS THAT YOUR NEXT OFFICE BUILDING OR SET OF BUILDINGS WOULD BE IN THAT AREA." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 12,2006 PAGE 19 OF 45 MR. TULLOS SAID, "WE WILL DO THE VERY BEST WE CAN. AS SOON AS WE HAVE A TENANT AND/OR TENANTS TO BUILD THAT BUILDING, WE'RE GOING TO BUILD THE BUILDING." FURTHERMORE, MANAGER McLEMORE SAID, "THAT IS WHAT I AM SAYING." MR. TULLOS SAID, "THAT'S WHAT I AM SAYING. I'M GOING TO DO THAT...." MANAGER McLEMORE SAID, "...THERE'S ANOTHER SET OF BUILDINGS - 300 YARDS DOWN THE ROAD SOMEWHERE OR A HALF MILE DOWN THE ROAD SOMEWHERE, THAT WOULD BE A COMMITMENT YOU'D MAKE TO THE CITY - THIS IS THE NEXT AREA THAT YOU WOULD DEVELOP SO THAT YOU COULD GO AHEAD AND PUT THE PROPER FACE ON [STATE ROAD] 434." MR. TULLOS THEN STATED, "I THINK IT STANDS TO REASON THAT ONCE PHASE IIA AND EVEN BEFORE PHASE IIA IS COMPLETELY BUILT OUT, WHICH YOU MUST UNDERSTAND IS ABOUT A TWENTY-FOUR - THIRTY-SIX (24-36) MONTH TIME FRAME BEFORE YOU'RE EVER GOING TO LOOK AT THAT GARAGE BUILDING SO WITHIN THAT TIME FRAME, I'D LOVE TO BE STARTING AN OFFICE BUILDING. IT MAY NEVER BE AN ISSUE." MANAGER McLEMORE SAID, "AND WE'RE HOPING IT WON'T BE. THE COMMISSION WOULD HAVE A RIGHT TO EXPECT THAT YOU'D MAKE A COMMITMENT TO PRIORITY ON THIS NEXT SITE." MR. TULLOS SAID, "IT IS A PRIORITY." MANAGER McLEMORE SAID, "NO, NO. MAKE A COMMITMENT TO THAT." MR. TULLOS SAID, "I COMMIT THAT IT IS A PRIORITY." MANAGER McLEMORE SAID, "IN WRITING." MR. TULLOS THEN NOTED, "IT IS A PRIORITY, WITHOUT A DOUBT." DISCUSSION. DEPUTY MAYOR BLAKE SAID, "SO, THE C.O.'S [CERTIFICATE OF OCCUPANCY'S] - THE REST OF THESE WILL COME AFTER THE PERMITS HAVE BEEN ISSUED?" MR. TULLOS SAID, "I DIDN'T COMMIT TO THAT. YOU'RE ASKING ME IF C.O.'S [CERTIFICATE OF OCCUPANCY'S] WOULD COME FOR THE CONDOMINIUMS AFTER PERMIT ISSUANCE ON THE OTHER BUILDING - I DON'T KNOW HOW WE COULD AGREE TO THAT." COMMISSIONER MILLER SAID, "THE BALCONIES? THEY ARE GOING TO BE IN ACCORDANCE WITH OUR AGREEMENT - SIX FEET (6') ON THE LOWER LEVELS AND MAYBE VARIATIONS..." MR. TULLOS SAID, ".. .IT'S THE MIXTURE OF TWO (2), FOUR (4) AND SIXES (6'S) THAT YOU PASSED BEFORE. THAT'S EXACTLY WHAT EXISTS. YOU BET." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 12,2006 PAGE 20 OF 45 VOTE: DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. PUBLIC HEARINGS 203. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For A Modification To The Aesthetic Review Approval For Tuscawilla Square, Located At 1301 Winter Springs Boulevard At Northern Way And Gary Hillery Drive. Ms. Sahlstrom introduced this Agenda Item. Deputy Mayor Blake stated, "Mr. [Alec] String called me and asked me to come by and take a look, which I did. So I have been on site to look at each one of these issues." Continuing, Deputy Mayor Blake said that regarding the landscape area where it curves, "Currently, we are supposed to have a small piece of green space in there and some landscaping, etceteras." Deputy Mayor Blake added, "What we are talking - is this area right here and on the other side, the same. Currently, there is a sidewalk that comes across here, and on this side, as soon as the sidewalk goes across and cuts right over into because the walkway goes out here for where the parking access is, so it is actually about ten (10) or twelve feet (12') this way - and just a few feet going back the other way, right here on each side - the idea is, where these two (2) ends are, if there were very large - and these planters are very large - these things are - probably four feet (4') around and sit up maybe thirty-six inches (36") or so." Furthermore, Deputy Mayor Blake stated, "If this were to be either concrete or paver and there is actually space here, although it doesn't look like it, but there is space here where there could be a circle cut where a tree could be planted, a nice little shade tree." Deputy Mayor Blake added, "A feature like that where also there would be room to have a little seating area out here on each side. If it were set up like that, I think it would be nice. If it were just going to be concreted over and left there - I don't think it adds any value to the project at all. To turn a little bit of green grass right here, I don't know that that looks as nice as it would having the big planters and a nice shrub or something, so I could go either way on that; but I would want to see the tree as well as the planters." Discussion ensued on suggested colors for the shutters, to which Deputy Mayor Blake commented, "I think the black would like nice. I think - there are a lot of different colors that would probably look nice. I don't think they have to be white or aluminum or something like that." Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 12,2006 PAGE 21 OF 45 Deputy Mayor Blake then said, "On the Utility areas, there is one thing on here that is not mentioned - the screening of the electrical areas - the panels they really need to have the screening on there, and when 1 talked to him, he was willing to do that. The second thing though is the short walls that block the AlC units, really need to be another row higher. 1 don't know whether it is a foot, fourteen inches (14") - 1 don't think it would be an engineering question because it is not that tall anyway - 1 know they have a cap that is going on them already and they will get another eight inches (8"), but they really need another twelve inches (12") beyond that to do the job effectively. So 1 would like to see that done as well." Further discussion. Commissioner Krebs remarked, "I did in fact go out and meet with - Alec [String] and 1 agree with everything that Commissioner Blake said. He also mentioned in the paved area, that he would like to put some type of seat, which 1 thought would be rather attractive and 1 know exactly the size of the pots. 1 know exactly what he is talking about. 1 think it would probably look nice and 1 will go along with the tree. The color - he did talk to me about was black." Manager McLemore said, "Generally, 1 agree with what you said, the electrical box issue has to be solved. It just has to be solved." Manager McLemore added, "I hope the Commission agrees wholeheartedly." Commissioner McGinnis stated, "Absolutely, 1 do." Mr. Bill Starmer, Architect, Starmer, Ranaldi Planning and Architecture (sri), 890 Northern Way, Winter Springs, Florida: said "They were never identified as planters, they were never identified as curves, walls and so when the Contractor said how do we build them, we took a look at it and said, the way the sidewalk works there really doesn't make a lot of sense. Let's do it more as a plaza and put some plants in it." Furthermore, Mr. Starmer pointed out that "Two (2) of the Commissioners brought up that they talked with Alec [String] - they would like to see a large shade tree placed in this area, and so we are. We're cutting about a six to seven foot (6-7') diameter circle in each one of those and we'll plant a large tree - in addition to the potted plants." Commissioner McGinnis added, "And a bench." Mr. Starmer added, "We could probably find a bench." 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 - JUNE 12, 2006 PAGE 22 OF 45 "MOTION TO APPROVE ITEM '203' - WITH THE CHANGES THAT WE DISCUSSED." MOTION BY COMMISSIONER McGINNIS. MAYOR BUSH ADDED, "SECONDED BY COMMISSIONER GILMORE." DISCUSSION. COMMISSIONER McGINNIS SAID, "WITH - COVERING THE ELECTRICAL BOXES; ADDING THE POTTED PALMS - POTS..." DEPUTY MAYOR BLAKE ASKED, "...WHAT SIZE..." COMMISSIONER McGINNIS STATED, "...BIG..." COMMISSIONER KREBS STATED, "...HUGE..." CONTINUING, COMMISSIONER McGINNIS CONTINUED, "...MODIFYING THE COLOR OF THE SHUTTERS TO BE, NOT BLACK BUT PROBABLY BRONZE." MAYOR BUSH SAID, "TWO (2) TREES WERE ALSO MENTIONED AND THE BENCHES; HIDE THE AIR CONDITIONING BY RAISING THE WALL - TWELVE TO SIXTEEN INCHES (12-16"), WHATEVER THE BLOCK SIZE IS." COMMISSIONER KREBS SAID, "THE PLAZA AREA, IS THAT GOING TO BE - I HEARD YOU SAY CONCRETE BUT I THOUGHT HE TOLD ME PAVERS..." MR. STARMER STATED, "...IT IS OUR INTENTION TO HAVE IT CONCRETE. HE NEVER TALKED TO US ABOUT PAVERS." DEPUTY MAYOR BLAKE SAID, "HE TOLD ME CONCRETE - HE MENTIONED PAVERS IN THE PARKING LOT." TO REITERATE, MAYOR BUSH SAID, "TREES, SHUTTERS, HIDE THE AIR CONDITIONERS, HIDE THE METERS, AND THE COLOR OF THE SHUTTERS WAS..." COMMISSIONER KREBS SAID, "...BRONZE." MAYOR BUSH SAID, "THOSE WERE THE ISSUES." VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 12, 2006 PAGE 23 OF 45 REGULAR AGENDA REGULAR 300. Community Development Department - Planning Division Requests That The City Commission Consider The Amendment To The Development Agreement For Colonial Bank Located On The Southwest Corner Of State Road 434 And Vistawilla Drive, On Lot 3 (Out-Parcel Number 1) Of Tuscawilla Tract IS-Parcel l-C (Former Kash n' Karry Shopping Center, Now Metro Church) And The Associated Warranty Deed For The Deceleration Turn Lane On State Road 434. Ms. Sahlstrom introduced this Agenda Item and spoke of the Development Agreement. "I MAKE A MOTION TO APPROVE ITEM '300'." MOTION BY COMMISSIONER GILMORE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. Tape 3/Side B WITH DISCUSSION ON SIGNAGE, DEPUTY MAYOR BLAKE SAID, "SO THE ONLY SIGN THAT IS CHANGING SIZE OR LOCATION THAT IS OUTSIDE OF THE PARAMETERS OF THE CODE - IS THE BUILDING SIGNAGE AND INSTEAD OF BEING FOURTEEN FEET (14') HIGH, WE ARE GOING TO INCREASE THAT BY ALMOST FORTY PERCENT (40%) AND SAY, IT CAN BE NINETEEN AND A HALF FEET (19 W) HIGH?" MS. SAHLSTROM STATED, "THAT IS CORRECT." DEPUTY MAYOR BLAKE THEN ASKED, "AND DO WE HAVE A DRAWING OF THAT, THAT GOES ALONG WITH THIS DEVELOPER'S AGREEMENT?" MS. SAHLSTROM STATED, "IT WAS IN YOUR AESTHETIC REVIEW." DEPUTY MAYOR BLAKE THEN ASKED, "BUT WE DON'T HAVE A PICTURE OF IT, THAT GOES ALONG WITH THIS AGREEMENT?" MS. SAHLSTROM NOTED, "NO, WE DON'T." DEPUTY MAYOR BLAKE ADDED, "I WOULD LIKE TO SEE IT AND IN THE FUTURE, WHENEVER WE TALK ABOUT STUFF LIKE THAT, I THINK IT IS ALSO APPROPRIATE TO HAVE IT GRAPHICALLY DEPICTED TOO." DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 12,2006 PAGE 24 OF 45 VOTE: COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: NAY COMMISSIONER MILLER: NAY COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. REGULAR 301. Office Of The City Manager Requesting The City Commission Consider The Board Of Trustee's Recommendation Of A Firm To Provide On-Going 3rd Party Pension Advisory Services To The City Of Winter Springs Defined Benefit Pension Plan And Make An Award If Deemed Appropriate. Manager McLemore briefly spoke on this Agenda Item. "I MAKE A MOTION THAT WE ACCEPT THE BOARD OF TRUSTEE'S RECOMMENDATION REGARDING BOGDAHN CONSULTING, [LLC)." MOTION BY COMMISSIONER MILLER. SECONDED BY DEPUTY MAYOR BLAKE. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE MOTION CARRIED. REGULAR 302. Not Used. REGULAR 303. Community Development Department Requests That The City Commission Consider And Provide Direction Concerning The Location Of An Assisted Living Facility Proposed At 208 Almaden Court. Mr. Stevenson presented this Agenda Item for discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 12,2006 PAGE 25 OF 45 Ms. Carol Peterkin, 208 Almaden Court, Winter Springs, Florida: Ms. Peterkin noted that she was a Nurse by profession, and said that the Assisted Living Facility "Would be for four (4) people." Commissioner McGinnis said to Ms. Peterkin, "The Greenwood HOA [Home Owner's Association], have you spoken to them?" Ms. Peterkin replied, "I was waiting for the Zoning before I go ahead and let them know." Next, Commissioner McGinnis asked Ms. Peterkin, "Would you be there during the day?" Ms. Peterkin responded, "Yes." Discussion. Commissioner McGinnis stated, "If your HOA (Home Owner's Association) would support this, I would take a very serious look at it." Discussion. Commissioner Gilmore said, "I see a tremendous need for this, my only problem is, I am very uncomfortable with putting this in a residential community in a PUD (Planned Unit Development)." Commissioner Miller said, "I concur with the comments that Commissioner Gilmore just made." With discussion, Commissioner Miller spoke of his concerns and stated, "I would like some assurances before we go forward on this." Manager McLemore said, "My advice to you is to think through this and then put some regulations in place." Commissioner McGinnis said, "I would like to Table this until you go back and read your documents; go to your Homeowner's Association and then - if there is no problem then come back to us. And I agree with the City Manager. I think this is something we are going to have to deal with. We have never had to before and maybe we need to now, sit down and come up with some guidelines." Deputy Mayor Blake noted, "One concern is about the neighborhood and we have sort of touched on that - the second concern is if we were to allow this, what safeguards need to be out in place in terms of public safety, access, any kind of an emergency, evacuation. Are the standards here Anthony [Garganese] that you are aware of - because I don't think we have anything in place in our Codes." Regarding the State's standards, Attorney Garganese said, "That's something we could pull." Attorney Garganese then added, "If you want that information brought back to you so you can make a more informed decision, we can bring that back to you." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 12,2006 PAGE 26 OF 45 Deputy Mayor Blake said, "1 think that would be very important to know. And secondly, if there were a way to determine whether or not the neighborhood did not take issue with an operation of this sort, whether it be folks on that street, most specifically - as well as what the PUD (Planned Unit Development) documents provide for. As long as we could meet public safety requirements, 1 wouldn't have a problem with it. 1 would have a problem with it if we allowed you to open it, and work there, and we started having complaints in the neighborhood. 1 think there should be some sort of a safeguard in the event that it turns into something other than what we thought it was going to be; especially as it pertains to the impact on the neighbors; then there is a way to pull the plug. 1 think that would be important." Discussion. "I WOULD LIKE TO HAVE THIS COME BACK BEFORE US IN THE FUTURE WITH A RECOMMENDATION FROM YOUR HOA [HOMEOWNER'S ASSOCIATION], AND I WOULD ALSO LIKE FOR STAFF TO BEGIN ON THIS ISSUE AND FIND OUT HOW WE CAN DEAL WITH THIS IN THE FUTURE." MOTION BY COMMISSIONER McGINNIS. MAYOR BUSH SAID, "ALSO AS ANTHONY [GARGANESE] MENTIONED, 'LOOK AT THE STATE LAW...' COMMISSIONER McGINNIS SAID, "...THAT IS ALL PART OF THE WHOLE PACKAGE." SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. REGULAR 304. Not Used. REGULAR 305. Community Development Department Requests The City Commission Consider The Final Engineering/Subdivision Plan And Its Associated 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). Mr. John Baker, AICP, Senior Planner, Community Development Department introduced this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 12,2006 PAGE 27 OF 45 With discussion, Mr. Baker noted, "Forty (40) units would have the first floor elevation between nineteen (19) and thirty inches (30") above the sidewalk grade - your Staff Report says twenty-four (24), but that was incorrect. It's thirty (30)." Tape 4/Side A With discussion, Mr. Baker stated, "We're recommending approval subject to the associated Development Agreement that we've been working on." Continuing, Mr. Baker stated, "One thing that's not shown on the plans but the Developer has meant to do it and just neglected to put it on the plans is the wall between this project and the three (3) existing Tuskawilla Trace residences; and then of course, they'd have to get the appropriate permits for the demolition of the existing structures, abandonment of the well and septic, so we do-recommend approval of this plan subject to those conditions and the Development Agreement that we've been working on with the Applicant." Discussion ensued with Mr. Brian Fields, P.E., City Engineer, Public Works Department. Mr. Franz Budel, Vice President, V & B Associates of Orlando, Inc., 8007 Canyon Lake Circle, Orlando, Florida: explained, "There will be several pumps throughout the system circulating of the water." Commissioner Miller asked, "Will there be landscaping around the walls, or is it just going to be a concrete wall with water running over the top of it?" Mr. David Veil, President, V & B Associates of Orlando, Inc., 8007 Canyon Lake Circle, Orlando, Florida: responded by saying, "There will be limited landscaping - you do have the tree canopy for starters which is planted along the edge and then you have an occasional one -like here along the - you'll have some vegetation there - and the rest of it will be grass." Commissioner Miller pointed out, "It is just that the rest of it is just grass, so if we have a dry year, there is not going to be anything in there, right? There won't be any water circulating?" Mr. Veit stated, "Yes, I see what you're saying - again we're trying to aerate it - the water table elevation is such that there will always - because of the type of pond it is, there will always be water in it. These fountains will maintain aeration, and keep the algae away." Commissioner Miller added, "The water table there is such that those ponds are going to be wet all the time..." Mr. Veit stated, "... That is correct." Commissioner Miller then remarked, "And they will also accommodate the run-off from the development itself, and the fountains will constantly be moving the water from one level to the next..." Mr. Veit noted, "... Correct." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 12,2006 PAGE 28 OF 45 Mr. Veit explained, "These two (2) buildings here - and then also this building, that would be those Elevations - similar to that although we're putting some canopies and more storefront appearance on the first floor, to create that kind of a streetscape that we're talking with Dover Kohl about, more urban feeling." Furthermore, Mr. Veit noted, "We've got three (3) buildings that are ofthis - this is a - garage with - the end units have the main living on the second floor and third floor and then there's an option for a lock- out unit like a 'Granny flat' on the first floor and that would be that end and that end; and then the other units would have basically, this space down here, could be a den, home office, family room, actual bedroom or third bedroom, and then the main living room, dining room, kitchen on this floor - two (2) bedroom..." Deputy Mayor Blake inquired, ".. .How many square feet are these?" Mr. Veit responded, "That is roughly twenty-two hundred square foo1..." Deputy Mayor Blake then asked, "...Living space? Not including the garage..." Mr. Veit noted, "...Correct. That is seventeen hundred (1,700) square foot." Continuing, Mr. Veit explained, "Anything in blue is detached car garages, so they've got a little courtyard between the unit and the garage there. So that's again, similar appearance. We're doing a raised door yard which is like - the front will have a little courtyard patio area rather than a front porch. It's more in keeping with the tradition of the Brownstone. The two (2) end units which are two (2) story and that's one difference you'll see, the two (2) end units are two (2) story on these. The two (2) end units are attached garage with like a little bridge - if you get a side elevation you'll see that, and then the middle units have a - completely detached - no dwelling above the garages; and that's kind of the end unit -like I said it's attached with a bridge on the second floor to a master bedroom in the back, and then you've got two (2) bedrooms up front; and then a living room, dining room, and kitchen and the family room on the first floor, courtyard, and then the garage in the back." With discussion, Mr. Veit commented about the space above the garages as "That would be as an option over top of these units having about a four hundred (400) square foot space - is that in the Developer's Agreement?" Commissioner Gilmore pointed out, "Page 2 - middle of the second paragraph." Mayor Bush stated, "We need a Motion to extend." "SO MOVED." MOTION BY COMMISSIONER GILMORE. SECONDED. DISCUSSION. VOTE: COMMISSIONER McGINNIS: NAY COMMISSIONER KREBS: NAY COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 12,2006 PAGE 29 OF 45 Deputy Mayor Blake stated, "We're not really doing the Elevation tonight right? We are just looking at the Site Plan? Mr. Veit stated, "Correct." Deputy Mayor Blake added, "So, all of this is going to come back to us." Mr. Veit noted, "Yes - with the Aesthetic Review. I think probably for purposes of the letter, we're still reviewing whether or not that's going to happen, those optional spaces above the garage." Commissioner Gilmore then inquired, "You have eighty-four (84) on-street parking spaces; one (1) handicapped accessible space." Mr. Veit commented, "The handicapped accessible space is right here for the Club House - the individual houses have - the garage would be the one space if somebody needed to park a car in the garage for handicapped accessibility." Continuing on, Mr. Veit pointed out, "There are two (2) parking spots per garage, but as far as for Code, that is the one and only spot that is required with all the on-street." Furthermore, Commissioner Gilmore said, "Individual garbage pick-up, is it presumed that the people will store their garbage containers in the garage?" Mr. V eit stated, "That is correct." Commissioner Gilmore then asked, "Are they big enough for - two (2) cars and a garbage container?" Responding, Mr. Veit stated, "Yes." Next, Commissioner Gilmore remarked that "On your Landscape drawing, that you have - Laurel Oaks around the one side?" Commissioner Gilmore added, 'You've got Laurel [Oaks] and Live's [Oaks]." Mr. Baker noted, "That is one of the recommendations from Mr. [Steve] Richart [Urban Beautification Division Services Manager, Community Development Department], was to change from the Laurel Oaks so that we have got that covered in our Staff recommendation." Commissioner Gilmore inquired, "So it is gone now?" Mr. Baker answered, "We hope so." "I WOULD LIKE TO MAKE A MOTION WE APPROVE, SUBJECT TO STAFF COMMENTS AND CHANGING OUT THE LAUREL OAKS FOR LIVE OAKS." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER KREBS. DISCUSSION. DEPUTY MAYOR BLAKE ADDED, "SUBJECT TO DEVELOPMENT AGREEMENT AS WELL." COMMISSIONER GILMORE THEN INQUIRED, "WE ARE GOING TO RECEIVE BACK OTHER - DETAILED DRAWINGS ON THESE BUILDINGS?" MR. VEIT STATED, "ABSOLUTELY - WHEN WE DO THE AESTHETIC REVIEW, WE WILL HAVE MUCH MORE - AT THAT POINT." VOTE: DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 12,2006 PAGE 30 OF 45 REGULAR 306. Office Of The City Clerk Requests That Mayor John F. Bush And/Or Members Of The City Commission (Depending On The Applicable Advisory Boards And Committees) Make Appointments/Reappointments Related To The Terms Of Office Which Will Be Expiring In July 2006 - Specifically Regarding Members Of The Beautification Of Winter Springs Board; The Board Of Adjustment; The Code Enforcement Board; The Planning And Zoning Board/Local Planning Agency; And The Tuscawilla Lighting And Beautification District Advisory Committee. "MOTION TO POSTPONE ITEM '306' TO OUR NEXT REGULARLY SCHEDULED MEETING." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER GILMORE: NAY COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: NAY COMMISSIONER KREBS: NAY DEPUTY MAYOR BLAKE: AYE MOTION DID NOT CARRY. Brief discussion. COMMISSIONER KREBS STATED, "I WOULD LIKE TO - REAPPOINT HOWARD CAS MAN TO THE BOARD OF ADJUSTMENT." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. NEXT, COMMISSIONER KREBS STATED, "I WOULD LIKE TO - REAPPOINT NED VOSKA" TO THE PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY. MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 12,2006 PAGE 31 OF 45 VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE MOTION CARRIED. COMMISSIONER McGINNIS STATED, "I WOULD LIKE TO NOMINATE ALICE BARD - BE REAPPOINTED FOR THE BOWS [BEAUTIFICATION OF WINTER SPRINGS BOARD] BOARD." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: DEPUTY MAYOR BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. COMMISSIONER McGINNIS STATED, "I WOULD THEN RECOMMEND PAUL KREBS BE REAPPOINTED TO THE CODE ENFORCEMENT BOARD." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: (SEE BELOW NOTE) DEPUTY MAYOR BLAKE: AYE MOTION CARRIED. (SEE BELOW NOTE) Note: The City Attorney explained that he would have to research whether Mr. Krebs was eligible to be Reappointed to the Code Enforcement Board due to his relationship with Commissioner Krebs. Therefore, the Reappointment of Mr. Krebs was made subject to the City Attorney's legal opinion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 12,2006 PAGE 32 OF 45 NEXT, COMMISSIONER McGINNIS STATED, "I WOULD LIKE TO NOMINATE RANDE THOMPSON TO BE REAPPOINTED TO SERVE ON THE TUSCAWILLA LIGHTING AND BEAUTIFICATION COMMITTEE." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. DEPUTY MAYOR BLAKE STATED, "I WOULD LIKE TO REAPPOINT - MATHEW MATISAK TO THE CODE [ENFORCEMENT] BOARD." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: DEPUTYMAYORBLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. COMMISSIONER MILLER STATED, "I WOULD LIKE TO REAPPOINT LINDA COLLINS TO THE BOARD OF ADJUSTMENT." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BLAKE: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 12,2006 PAGE 33 OF 45 NEXT, COMMISSIONER MILLER STATED, "I WOULD LIKE TO ALSO REAPPOINT TOM BROWN TO THE PLANNING AND ZONING BOARD[ILOCAL PLANNING AGENCY]." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. COMMISSIONER MILLER STATED, "FOR THE TLBDAC [TUSCA WILLA LIGHTING AND BEAUTIFICATION DISTRICT ADVISORY COMMITTEE], I WOULD LIKE TO APPOINT MARY BROOK." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE MOTION CARRIED. COMMISSIONER GILMORE STATED, "I WOULD LIKE TO REAPPOINT JACK TAYLOR TO THE BOARD OF ADJUSTMENT." MOTION BY COMMISSIONER GILMORE. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 12, 2006 PAGE 34 OF 45 COMMISSIONER GILMORE STATED, "I WOULD LIKE TO REAPPOINT ROSANNE KARR TO THE PLANNING AND ZONING BOARD [/LOCAL PLANNING AGENCY]." MOTION BY COMMISSIONER GILMORE. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: DEPUTY MAYOR BLAKE: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. Attorney Garganese remarked, "I need to take a look at the Appointment of Mr. [Paul] Krebs to the Code Enforcement Board - that may not be permitted by Statute, because of the Anti-Nepotism Law." Continuing, Attorney Garganese added, "He was Appointed before Commissioner Krebs took office, so he was allowed to continue his Seat, but now that he is up for Reappointment, 1 don't believe he can be Appointed. 1 want to confirm that before the next Board Meeting." REGULAR 307. Community Development Department Requests The City Commission Approve The Proposed Second Modification To The Vistawilla Office Center Development Agreement. Mr. Baker briefly spoke on this Agenda Item. "MOTION TO APPROVE ITEM '307'." MOTION BY DEPUTY MAYOR BLAKE. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER GILMORE." DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 12, 2006 PAGE 35 OF 45 REGULAR 308. Office Of Commissioner Joanne M. Krebs Requesting That The Mayor And City Commission Consider The Florida League Of Cities "Cities Of Excellence" Award Program For 2006. Commissioner Krebs stated, "I would like the Commission to consider some nominations for the Florida Cities of Excellence A wards." Commissioner Krebs continued, "I would like to consider the Mayor." Commissioner McGinnis added, "I would too." Then, Commissioner Krebs said to Mayor Bush, "I looked at the criteria and I think you more than meet that. I am really proud of what you have accomplished this past year, all the meetings you go to, all the information you bring us back. I think you are great. And, so I would like the Commission to consider nominating you." Commissioner McGinnis added, "I was going to bring up the same thing - absolutely!" Commissioner Krebs then noted, "The others that I would like the Commission to consider would be again, our City Attorney. Anthony [Garganese], I would have to say that today I saw the true spirit in you as far as what really somebody goes to college for and as far as becoming an Attorney - I saw within you that will to fight for really what you believed in, at any cost, and not anybody else's, but your own. And that is the true spirit of what you are about. And I really would want to recommend you for that." Commissioner Krebs then said, "I would again like to recommend our City Clerk, for her dedication and everything that she has done forever, as she has been sitting here. And the last person that I would really like - the Commission to consider would be 'City Employee of the Year' and that would be [Fire Chief] Tim Lallathin, for his dedication. If you look to see what his commitment, judgment, dependability, cooperation - I just think he has been exceptional! I would like the Commission to consider those and whatever else." Mayor Bush summarized, "Commissioner Krebs has recommended the Mayor, the Attorney, the Clerk, and the Fire Chief." Commissioner McGinnis asked, "Who puts all that together?" Mayor Bush stated, "I think the person who is nominated." Commissioner McGinnis stated, "Okay." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 12,2006 PAGE 36 OF 45 MAYOR BUSH STATED, "MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER McGINNIS." DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BLAKE: AYE MOTION CARRIED. REGULAR 309. Office Of Deputy Mayor Michael S. Blake ADD-ON Deputy Mayor Michael S. Blake Requests That The City Commission Consider Three (3) Resolutions That The City Of Oviedo Passed At Their June 5, 2006 Regular Meeting, And Review And Approve Three (3) Similar City Of Winter Springs Resolutions, 2006-29, 2006-30, And 2006-31. Deputy Mayor Blake introduced this Agenda Item by stating, "If everybody will recall, we had a Joint Meeting with the City of Oviedo and the outcome of that Meeting was that we agreed to work together in three (3) different areas, and Oviedo has already put together and passed Resolutions memorializing each of those three (3) items - they have sent it over to us. We have rewritten them to be for the City of Winter Springs - in your packet are the three (3) Resolutions from Oviedo and the three (3) reworked ones for Winter Springs. They are basically identical with the exceptions of a few minor tweaks." Mr. Fields pointed out that in "Attachment 'D', the City of Oviedo has lower speed limits than we do on [State Road] 434. This is in paragraph - the 5th 'WHEREAS', the last sentence, instead of saying, asking for a reduction to thirty (30) miles an hour which would be very extreme in our case, from forty-five (45) to fifty (50), down to thirty (30) - I would recommend just saying 'To appropriate and safe speed limits based on engineering analysis', something like that, because each segment really needs to be evaluated. " Deputy Mayor Blake added, "The other thing on there is - renaming of the appropriate authority on the Toll Road issue, just making sure that we have the appropriate one named. " CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 12, 2006 PAGE 37 OF 45 "MY MOTION WOULD BE TO PASS EACH OF THESE THREE (3) RESOLUTIONS WHICH ARE - [RESOLUTION] 2006-29, RESOLUTION 2006- 30, AND RESOLUTION 2006-31 AS AMENDED, GIVING STAFF THE ABILITY TO FIX THOSE SCRIVENER'S ERRORS." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. COMMISSIONER GILMORE ASKED, "THE ONE ON THE ROAD PARALLELING [STATE ROAD] 417 - FROM WHAT EXIT TO WHAT EXIT IS THAT." DEPUTY MAYOR BLAKE RESPONDED, "IT IS FROM RED BUG [LAKE] ROAD TO [STATE ROAD] 434 - THAT 2.2. MILE SEGMENT." VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE MOTION CARRIED. CONSENT AGENDA CONSENT 400. Information Services Department Requests Authorization To Dispense Of Surplus Assets According To The Attached Disposition Sheets. No discussion. CONSENT 401. Community Development Department - Urban Beautification Services Arbor Division Requesting Approval For The Installation Of Canopy Trees Along The Cross Seminole Trail In Front Of The Parks tone Development. There was no discussion on this Agenda Item. CONSENT 402. Utility/Public Works Department Requesting Approval Of Resolution 2006-27 Supporting An Upland Easement Request For Crossing State Lands. This Agenda Item was not discussed. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 12,2006 PAGE 38 OF 45 CONSENT 403. Utility/Public Works Department Requesting Approval Of Resolution 2006-28 Supporting A Utility Easement Request For Crossing The Cross Seminole Trail. No discussion. CONSENT 404. Utility/Public Works Department Requesting Approval For The Purchase Of Rotary Screen Thickener For The West Water Reclamation Facility. There was no discussion on this Agenda Item. CONSENT 405. Utility Department Requesting Authorization To Enter Into A Contractual Agreement For A Lift Station Model, Analysis And Design For The Western Wastewater Transmission System. This Agenda Item was not discussed. CONSENT 406. Public Works Department Requesting To Engage Orlando Paving Company, A Division Of Hubbard Construction Company For The Resurfacing Of Various City Streets. No discussion. CONSENT 407. Office Of The City Clerk Requesting Approval Of The May 22, 2006 Regular City Commission Meeting Minutes. There was no discussion on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 12, 2006 PAGE 39 OF 45 CONSENT 408. Office Of The City Clerk Requesting Approval Of The June 5, 2006 Special City Commission Meeting Minutes. This Agenda Item was not discussed. "MOTION TO APPROVE" COMMISSIONER McGINNIS. DISCUSSION. CONSENT AGENDA. MOTION BY SECONDED BY DEPUTY MAYOR BLAKE. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. .:. .:. AGENDA NOTE: THE FOLLOWING INFORMATIONAL AGENDA ITEMS WERE DISCUSSED, BUT NOT NECESSARILY IN THE ORDER AS DISCUSSED. .:. .:. INFORMATIONAL AGENDA INFORMATIONAL 500. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. Brief discussion. INFORMATIONAL 501. Community Development Department - Planning Division Wishes To Provide The City Commission Information Regarding A Recently Executed Annexation Agreement For The Property At 663 US Highway 17-92, As A Result Of The City's Interlocal Agreement With The City Of Longwood, Establishing A US Highway 17-92 Municipal Service Area. There was no discussion on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 12,2006 PAGE 40 OF 45 INFORMATIONAL 502. Utility Department Informing The City Commission On The Winter Springs Golf Course Reclaimed Water Usage The Past Six Years. This Agenda Item was not discussed. "MOTION TO APPROVE INFORMATIONAL [AGENDA]." MOTION BY DEPUTY MAYOR BLAKE. MOTION DIED FOR LACK OF A SECOND. "MOTION TO APPROVE" [INFORMATIONAL AGENDA]. MOTION BY COMMISSIONER McGINNIS. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER GILMORE." DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE DEPUTYMAYORBLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. .:. .:. AGENDA NOTE: THE FOLLOWING INFORMATIONAL AGENDA ITEMS SHOULD NOT HAVE BEEN LISTED ON THIS AGENDA, AND WERE NOT DISCUSSED, THUS NO ACTION WAS TAKEN ON THE FOLLOWING AGENDA ITEMS. .:. .:. INFORMATIONAL 503. Utility Department Providing The City Commission With A Copy Of The Consumer Confidence Report That Will Be Sent To All Residents. INFORMATIONAL 504. Public Works Department Advising The City Commission Of The Status Of Various Capital Improvement Projects. INFORMATIONAL 505. Public Works Department Providing The City Commission Information Regarding The Design And Possible Expansion Of The Detention Pond At Saratoga Condominiums. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 12, 2006 PAGE 41 OF 45 REPORTS REPORTS 600. Office Of The City Attorney - Anthony A. Garganese, Esquire No Report. REPORTS 601. Office Of The City Manager - Ronald W. McLemore Manager McLemore stated, "I wanted to give you a copy of the final Golf Course Report and ask your direction on this as to how you want to handle this - do you want the Consultant to come and make a Report to you. Do you just want to take this as information? What is your direction on that?" Deputy Mayor Blake suggested, "The Golf Course has been purchased, it has been closed and we are best off by not continuing to pursue that avenue at this point in time but allowing the private landowner to pursue it from a businessman's position and come back to us when they need us." Commissioner McGinnis stated, "I agree." Mayor Bush asked, "Consensus of the Commission?" Commissioner Gilmore added, "Yes." Mayor Bush then asked Manager McLemore, "Has a copy of this been given to the new purchaser?" Manager McLemore stated, "I would waitfor him to request it." Manager McLemore then commented that "You had agreed in a Meeting - probably a couple months ago to allow me to negotiate with Developers on some contributions to the Tree Banle I just wanted to let you know that we did complete one of those negotiations, JDC (James Doran Company) on Phase 1, for trees - it was approximately thirteen thousand dollars ($13,000.00) and we based that upon a figure of five hundred dollars ($500.00) per specimen tree. There was no intent to try to do what is in the Tree Ordinance but - some reasonable contribution to the Tree Bank. Just wanted you to let you know that we completed one of them, and there will be others." REPORTS 602. Office Of The City Clerk - Andrea Lorenzo-Luaces, CMC City Clerk Lorenzo-Luaces advised the City Commission that "We just received the latest Supplement to the Code and we will be updating everybody's books shortly." REPORTS 603. Commission Seat Five - Joanne M. Krebs No Report. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 12,2006 PAGE 42 OF 45 REPORTS 604. Office Of The Mayor - John F. Bush Mayor Bush asked, "We had talked some time ago about the maintenance of the Town Center with the City being involved in that in some fashion, or whether or not we could - any information on that?" Manager McLemore stated, "That was going to be, all part of that Assessment District Study which is going forward." Next, Mayor Bush commented on the different views of the Planning and Zoning Board/Local Planning Agency Members. Manager McLemore noted, "They are there to take the Comp [Comprehensive] Plan and apply it to the Application and make Findings." Tape 4/Side B Regarding the difference in opinions, Mayor Bush added, "This gets back to the fact that we are not doing a good job of informing the citizens of the - Comprehensive Plan, the Town Center - and I think we have to keep doing this. It isn't something you just do once, and say, 'We've done it'. It has to go on all the time." Furthermore, Mayor Bush suggested, "I think that is one thing we have to continue to educate the public on, is what direction the City is going and why it is going in that direction." Mayor Bush remarked, "I have contacted - the Workforce Housing people in the State of Florida. I have asked them to come down in August to have a Special Meeting to discuss the options that are available." Mayor Bush further explained, "I basically said they need to come and educate us from the ground up." Continuing, Mayor Bush remarked, "I just want to let you know that they have agreed to come and they will give us - starting at the ground level and work up, and answer our questions and so forth - they are out of Tallahassee. I will let you know the date for sure, it will be a Special Meeting and it will probably be a Monday, other than the Monday that we have our Regular Commission Meetings." Commissioner McGinnis noted, "I had - agenda'd with the Workforce Housing Summit and I had spoken to Randy [Stevenson] and John [Baker] and we were going to do a Presentation tonight, but because we had such a big Agenda, we put it off. But I think that it isn't even necessary because this Workshop will do far greater - thank you for doing that." Lastly, Mayor Bush stated, "There was some discussion today about the action the Commission took this morning on our Special Meeting; some conversations have gone on with the County Commission over this. Mr. Blake, "Do you want to bring us up-to- date?" CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 12,2006 PAGE 43 OF 45 Deputy Mayor Blake remarked, "The Chairman has agreed to bring something up under his Seat tomorrow if the City requests him to do so, and that would require a letter from the Mayor - requesting the County to change the Urban Service Line, which will reduce, actually the Rural Area. If we do it correctly, which means I think obviously we have to reiterate the recent Ordinance that we passed to agree to not annex into the eastern area. Secondly, to point out that we also agreed through that Ordinance to embody that into our Comprehensive Plan, that they believe that the County would in fact move the Rural Line - reduce the Rural Area and move the Urban Service Line to parallel the Line that we set in place. The significance of doing that is that action would mean that there remains no governance question; which means, we don't have to spend the money - that the County doesn't have to spend the money; that the issue that was that question, no longer exists. The point becomes moot." Deputy Mayor Blake added, "I would ask the Commission to do that." Discussion. "I MAKE A MOTION THAT WE ASK THE MAYOR TO FORWARD A LETTER TO THE COUNTY COMMISSION AS STATED." MOTION BY DEPUTY MAYOR BLAKE. MAYOR BUSH SAID, "SECONDED BY COMMISSIONER KREBS." DISCUSSION. COMMISSIONER MILLER ASKED, "IF THE COUNTY COMMISSION TAKES NO ACTION ON THIS, THEN WHAT HAPPENS?" ATTORNEY GARGANESE EXPLAINED, "THE MOTION HAS BEEN FILED..." COMMISSIONER MILLER NOTED, "...SO WE CAN WITHDRAW THAT." VOTE: DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. REPORTS 605. Commission Seat One - Robert S. Miller Commissioner Miller stated, "When I go to get my dry cleaning there are still concrete blocks and junk all over the parking lot - next to Richard's Barber Shop there. I know Code Enforcement is working on it and I have got to get with the Attorney I suppose. This has been going on six (6) months." Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 12, 2006 PAGE 44 OF 45 Next, Commissioner Miller said to Mayor Bush, "You said you had a meeting - or you attended a meeting with the Mayor of Casselberry and his comment was that there were going to be - or he thought there were going to be 40,000 trips a day out of this new Development going in at the end of Murphy Road?" Mayor Bush said, "I will ask him to confirm that." With further discussion, Mayor Bush added, "I will check on it Commissioner and 1 will let Andrea [Lorenzo-Luaces] know what 1 find out. She will let you know." REPORTS 606. Commission Seat Two/Deputy Mayor - Michael S. Blake Brief discussion.. REPORTS 607. Commission Seat Three - Donald A. Gilmore Commissioner Gilmore asked, "Do we have anything yet on the U-Turns for [State Road] 434?" Brief discussion followed with Mr. Fields. Furthermore, Commissioner Gilmore said to Mr. Fields, "You have in addition to the ADA (American Disabilities Act) problem, those poles are right in front of the school, the Elementary School..." Commissioner Miller suggested, "You need to get a wheelchair - and show somebody trying to get between the light pole and the fence on the northwest comer of Sheoah Boulevard and [State Road] 434." Mr. Fields responded, "We will make some measurements and report back to you and report back to DOT (Department of Transportation)." REPORTS 608. Commission Seat Four - Sally McGinnis Commissioner McGinnis stated, "It involves a new Football League in the City, it is really primarily Winter Springs, but it is called Seminole County Youth Football League. This is a group of parents and people who used to be with the Grizzlies. They have over a hundred members now. They have their Board of Directors, they are incorporated, they have done everything they are supposed to do, but they are not allowed to play - they are not being given a place to play in the City - they are willing to pay to play." With further comments, Commissioner McGinnis stated, "I would ask that we ask Chuck [Pula] to come back to us - with some kind of rationale for this and why?" With discussion, Commissioner McGinnis said, "Could you follow up on that Ron [McLemore]?" Manager McLemore replied, "Yes." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUNE 12,2006 PAGE 45 OF 45 Secondly, Commissioner McGinnis asked about the status of the electronic sign at the Park - "They put that electronic sign up at the Park - it is up every weekend for the Grizzlies. Who owns it?" Manager McLemore stated, "I need to check into that." Commissioner McGinnis added, "Tell Chuck [Pula], they can't put it there." Furthermore, Commissioner McGinnis said, "I would like us to follow-up on this. I would like to know what the response is." Thirdly, Commissioner McGinnis spoke about the time the Paw Park has been in the works and added, "Soon, we are going to have to make a decision and a commitment." Lastly, Commissioner McGinnis remarked, "I just want to commend the Mayor on this 'Cool Cities' - you sent us this packet from the Sierra Club. Thank you! I hope everybody reads this because I think it is something we need to address." Brief discussion. ADJOURNMENT Mayor Bush adjourned the Regular Meeting at 11 :55 p.m. RESPECTFULLYSUBAfITTED: JOA . BROWN, DEPUTY CITY CLERK LORENZO-LUACES, CMC ERK 5 APPROVED: NOTE: These Minutes were approved at the J line 26 , 2006 Regular City Commission Meeting.