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HomeMy WebLinkAbout_2006 01 23 City Commission Regular Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING JANUARY 23,2006 CALL TO ORDER The Regular Meeting of Monday, January 23,2006 of the City Commission was called to order by Mayor John F. Bush at 6:31 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Mayor John F. Bush, present Deputy Mayor Michael S. Blake, absent Commissioner Robert S. Miller, present Commissioner Donald A. Gilmore, present Commissioner Sally McGinnis, present Commissioner Joanne M. Krebs, present City Manager Ronald W. McLemore, arrived at 6:34 p.m. City Attorney Anthony A. Garganese, present A moment of silence was followed by the Pledge of Allegiance. City Manager Ronald W McLemore arrived at 6:34 p.m. Mayor Bush introduced former City of Winter Springs Commissioners David W. McLeod, and Edward Martinez, Jr. Under "Agenda Changes", discussion ensued on Public Hearings Agenda Item "201"; to which Commissioner Sally McGinnis said, "I spoke to Ms. [Rebecca] Furman today and I asked her if she would be willing to appear - have a Community Meeting in the Highlands and she said 'Yes'." Discussion ensued on a Mailing to the residents about the meeting, to which Mayor Bush stated, "If they are hosting the Meeting, they would probably send the Mailing." Commissioner McGinnis said to Ms. Furman, "I will call you tomorrow and give you the appropriate person to call, at the Clubhouse." Ms. M Rebecca Furman, Attorney, Lowndes Drosdick Doster Kantor & Reed, P.A., 215 North Eola Drive, Orlando, Florida: representing the Keewin [Real Property] Company, Ms. Furman stated, "We would be happy to meet with the residents to discuss their concerns and we can set up a date. We would like to keep - February 13 [2006] - the date of your next Commission Meeting, we would like to do it in between then, but we would be happy to meet with the residents." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 23, 2006 PAGE 2 OF 26 Furthermore, Ms. Furman stated, "We will set a night - the evening, and I believe that gives us sufficient time if we can work tomorrow to set up a date to send out those notices." Commissioner Joanne M. Krebs asked, "You will let us know too, right?" Regarding the notices, Mayor Bush said, "Yes, I think that you [Ms. Furman] should send them out." Ms. Furman added, "Yes, of course we will let you all know." "MOTION TO POSTPONE UNTIL COMMISSION MEETING - 6:30 [P.M.]." McGINNIS. SECONDED. DISCUSSION. THE FEBRUARY 13TH, [2006] MOTION BY COMMISSIONER VOTE: COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. Mayor Bush noted, "That was Item '201', under Public Hearings." PUBLIC INPUT Ms. JoAnn Mattie, 685 Fortrose Drive, Winter Springs, Florida: discussed her interest in serving on the Beautification of Winter Springs Board. Mr. John Hogan, 105 Arrowhead Court, Winter Springs, Florida: noted his concerns with a proposed Cell Tower in the Tuscawilla area. Discussion ensued with Manager McLemore. Mr. Hogan asked Manager McLemore, "What is the time line for when we need to bring this information in front of the Board?" Manager McLemore stated, "We don't even have an Application from them yet." Manager McLemore added, "You're welcome to give me a call from time to time, or - get in touch with me - in fact, give me your phone number. I will try to contact you." Mr. Hogan stated, "Okay." Commissioner Donald A. Gilmore asked Manager McLemore, "A question was asked about the Country Club being zoned for recreation. Is that true? Is it totally the property and is there - a requirement that we could not put a Cell Tower there or something like that - or they could not?" Manager McLemore said, "I don't know the answer to that question. " CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 23, 2006 PAGE 3 OF 26 Further discussion. Ms. Karen GeBauer, Post Office Box 196156, Winter Springs, Florida: representing the Winter Springs Grizzlies, presented a Trophy to the City; and introduced their "All Conference Scholars". Ms. Amanda Jacobson, 351 East State Road 434, Winter Springs, Florida: remarked about the medians and problems with access along State Road 434 and requested a remedy to this problem. Discussion. Manager McLemore commented on a study being done and stated, "In about ninety (90) days, Mayor and Commission, we should be able to come back to you with some information. " Next, Manager McLemore said to Ms. Jacobson, "Reduce your comments to writing and send them directly to FDOT (Florida Department of Transportation); and we could give you an address." Discussion. Mr. Art Gallo, 199 Nandina Terrace, Winter Springs, Florida: representing the Seminole Lacrosse League, thanked the City and Mr. Chris Caldwell, Athletics Supervisor, Parks and Recreation Department for allowing them to become partners with the City. Mayor Bush stated, "Our Parks and Recreation Department and Chris [Caldwell] do get a lot of accolades with people they do business with and we are quite proud of that, and proud of you too Chris [Caldwell], and all the others who work Parks and Recreation Department. " Mr. Eric Breininger, 1207 Lake Lucerne Circle, Winter Springs, Florida: spoke on his concerns with the proposed Land Use change related to his unincorporated Seminole County subdivision, and asked to be included in any future meetings related to this issue. Ms. Maria Redmon, 801 Kilt Court, Winter Springs, Florida: spoke of her concerns related to Public Hearings Agenda Item "201". Ms. Lorretta Sagers, 804 Kilt Court, Winter Springs, Florida: also spoke of her concerns with Public Hearings Agenda Item "201" and asked about the proposed Community Meeting and how it is being handled. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 23, 2006 PAGE 4 OF 26 Mayor Bush called a Recess at 7: lOp. m. Mayor Bush called the Meeting back to Order at 7:20 p.m. AWARDS AND PRESENTATIONS AWARDS AND PRESENT A nONS 100. None PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 200. Not Used PUBLIC HEARINGS 201. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For First Reading And Transmittal Of Ordinance Number 2005-29, A Large Scale Comprehensive Plan Amendment, Referenced As LS-CP A-06-01 Which Changes The Future Land Use Map 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. (This Item Was Postponed From The November 1, 2005 Meeting, To Date Certain, The December 6, 2005 Meeting). As noted under "Agenda Changes", this Agenda Item was postponed to the February 13, 2006 Regular City Commission Meeting. PUBLIC HEARINGS 202. Community Development Department Requests That The Commission Approve The Dunlevy Lot Split, And Authorize Its Recordation. Mr. John Baker, AICP, Senior Planner, Community Development Department spoke on this Agenda Item. Mayor Bush opened the "Public Input" portion of the Agenda Item. Mr. William Fernandez, 250 East Panama Road, Winter Springs, Florida: as an Attorney representing the Applicant, Mr. Fernandez spoke in favor of the Lot Split and mentioned a Petition that should be part of the Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 23,2006 PAGE 5 OF 26 Discussion. Tape I/Side B Further discussion. "I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE AND AUTHORIZE RECORDATION OF THE DUNLEVY LOT SPLIT, SUBJECT TO THE CITY ATTORNEY'S REVIEW AND COMMENT." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. PUBLIC HEARINGS 203. Community Development Department Presents A Request For A Conditional Use To Allow Multiple Family Dwellings In The C-l (Neighborhood Commercial) Zoning District, Pursuant To Section 20-234. Of The Zoning Chapter Of The City Code Of Ordinances. "MOTION TO REMOVE FROM THE TABLE." MOTION BY COMMISSIONER McGINNIS. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER MILLER." DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. Mr. Baker introduced this Agenda Item. Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 23, 2006 PAGE 6 OF 26 Discussion ensued with Mr. Brian Fields, P.E., City Engineer, Public Works Department. Commissioner Robert S. Miller spoke for the Record on egress and safety concerns. Further discussion. Regarding a Department of Transportation right-of-way, Commissioner Gilmore asked Mr. Baker, "What is planned by DOT (Department of Transportation) for that?" Mr. Baker stated, "I don't know." Commissioner Gilmore added, "Why doesn't the City and the Developers enter into discussions with the DOT (Department of Transportation) for putting the frontage road in here?" Commissioner Gilmore then noted, "Why don't we talk to the DOT (Department of Transportation) about this piece right here and talk to the Church about coming out here, and then it would solve a lot of our concerns. It is a right-of-way, so why not utilize the right-of-way for what it is there for?" Mr. Fields stated, "We'll be glad to talk to the DOT (Department of Transportation) about that. It is probably programmed for six- laning through there, which may not take up all that right-of-way, but we'll be glad to bring it up with them and see if they are open to that idea." Further discussion. Commissioner Miller stated, "I would like to get a Consensus about - having Staff look into the possibility of making this DOT (Department of Transportation) Easement, the way to get out, and they would go out through the Church, exit there, right onto that traffic light. The alternative to that would be to make one (1) exit onto [State Road] 434 from all of these properties and probably use this one, because he is the first guy going in and he and his people are going to have to get out of that - residential area - if he goes forward with this. So I would like to get a - Consensus of the Commission on both of those Items." Commissioner McGinnis said, "Yes." Commissioner Krebs stated, "Check into it. " Mayor Bush added, "We have Consensus on that. " With discussion, Mr. Baker asked, "Since the plans show the Cross Access Easement on the private property, could the frontage road that you are talking about be on private property instead of in the DOT (Department of Transportation) - right-of- way?" Commissioner Miller said, "Sure, if the DOT (Department of Transportation) is - going to take it at some point. " Mayor Bush said, "Anything that you could come up with, that would address what the Commission is saying here would be good - how it is done." Mr. Baker said, ''All right, thank you. " CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 23, 2006 PAGE 7 OF 26 "I MOVE THAT WE APPROVE THE CONDITIONAL USE REQUEST FOR PARCEL 34-20-30-5AW-0000-028A ON THE SOUTH SIDE OF STATE ROAD 434." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: NAY MOTION CARRIED. Tape 2/Side A Attorney Garganese stated that the "Applicant now has two (2) years in which to pull the Building Permit for - any particular property to implement the 'Conditional Use', otherwise it become Null and Void." PUBLIC HEARINGS 204. Office Of The City Clerk MOVED TO THE CONSENT AGENDA Requesting Approval Of The January 9, 2006 Regular City Commission Meeting Minutes. Please see the Consent Agenda for this Agenda Item. REGULAR AGENDA REGULAR 300. Office Of The City Manager Requesting The City Commission Approve The Solid Waste Management Agreement With Seminole County. Manager McLemore introduced this Agenda Item. Discussion. "I WILL MAKE A MOTION - THAT WE APPROVE ITEM '300', THE SOLID WASTE MANAGEMENT AGREEMENT WITH SEMINOLE COUNTY." MOTION BY COMMISSIONER GILMORE. MAYOR BUSH SAID, "SECONDED BY COMMISSIONER KREBS." DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 23, 2006 PAGE 8 OF 26 VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. REGULAR 300.1. Office Of The City Manager Requesting The City Commission To Approve The Terms Of A Solid Waste Contract With Waste Pro Of Florida, Inc. And Approve The First Reading Of Ordinance 2006-01. Mayor Bush said, "We need a Motion to read this Ordinance by 'Title' only." "SO MOVED." MAYOR BUSH STATED, "MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER MILLER." DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER GILMORE: AYE COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" only. Mr. Kevin Smith, Director, General Services Department addressed this Agenda Item. Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. Discussion. "I MOVE THAT WE ADOPT 'OPTION A' - THE FIVE (5) YEAR CONTRACT WITH THE FOUR (4) YEAR RENEWABLE OPTION." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 23, 2006 PAGE 9 OF 26 VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. REGULAR 300.2. Office Of The City Manager Requesting The City Commission Establish Customer Rates For Solid Waste Collection Services And Approve A Rate Resolution (Number 2006-06) Memorializing Those Rates. Manager McLemore presented his opening remarks on this Agenda Item. Discussion ensued with Mr. Smith. "WITH REGARD TO ITEM 300.2, I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE 'SCENARIO IA'." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. Commissioner McGinnis remarked, "We have the receptacles here in the building - when we start using those, everybody has their own trash cans now, will they just pick those up? What are they going to do with the ones they have now?" Mr. Smith stated, "We have got a lot of education for the citizens here, this will be a change, and we are going to do an extensive effort in trying to get that out to our citizenry, but essentially, we will be asking everyone to use this 'Toter' as it is referred to, and then if you have additional waste, then you set it out in a plastic bag next to it or what not." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 23, 2006 PAGE 10 OF 26 Regarding the present garbage cans that citizens have now, Commissioner McGinnis asked, "What are they going to do with them? Will Waste Pro take them away?" Mr. Tim Dolan, Division Manager, Waste Pro of Florida, Inc., Post Office Box 6862, Longwood, Florida: stated, "Traditionally what has happened in a conversion like this - the people that have the containers, now use them for yard waste and they pull them out to the street on the yard waste collection day. If folks wish to throw them out, we'll simply ask them to hang a sign or a tag on the container, stating that they wish to throw them out, and we will dispose of them." Manager McLemore said, "I have held back the Newsletter, waiting on this decision so that I can put a full page in here about the change in service." REGULAR 301. Community Development Department Requesting Authorization For Glen Eagle Community Association To Install Upgraded Streetlighting And Upgraded Street Signage Throughout Their Subdivision. Mr. Steve Richart, Urban Beautification Services Division Manager, Community Development Department spoke on this Agenda Item. Discussion. Commissioner Gilmore said, "Did we ever come up with a standard throughout the City on streetlights, as to how often or what the spacing was between them?" Mr. Richart remarked, "We do have that now. I obtained that from Progress Energy. I am going to include that in a Report to you in the next Meeting or so." "I MAKE A MOTION THAT WE APPROVE ITEM '301', STREETLIGHTING AND STREET SIGNAGE IN GLEN EAGLE." MOTION BY COMMISSIONER GILMORE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 23, 2006 PAGE 11 OF 26 REGULAR 302. Community Development Department - Urban Beautification Services Division Requesting Approval For The Installation Of Canopy Trees In The Village Walk Project Area Along SR (State Road) 434. Mr. Richart introduced this Agenda Item. Discussion Tape 2/Side B "I WILL MAKE A MOTION THAT WE APPROVE ITEM '302'." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER KREBS: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. REGULAR 303. Public Works Department Providing The City Commission The Updated Design Drawings For The Proposed Installation Of Sidewalks On Dyson Drive, And Requesting That The Commission Set A Date For A Public Meeting To Present The Design To The Residents. Mr. Fields presented his opening remarks on this Agenda Item. Discussion. Mr. Bill Anderson, P.E., Metric Engineering, Inc., 2269 Lee Road, Suite 200, Winter Park, Florida: as the Engineer of Record, Mr. Anderson addressed the City Commission. Commissioner Gilmore said, "When you present this, are you going to have the full layout of all these drawings, and - may I ask that we hold this primarily to the Winter Springs' residents during that Hearing?" Mr. Anderson responded, "Yes." With discussion on a proposed Referendum, Manager McLemore stated, "It would be a Mail-Out Ballot to the residents - each Parcel holder. The Straw Ballot would not be a Binding Referendum." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 23,2006 PAGE 12 OF 26 Regarding speeding and traffic concerns, discussion followed with Chief of Police Daniel J. Kerr. Commissioner Miller spoke for the Record on supporting Traffic Calming. With discussion, Commissioner Gilmore stated, "In some areas, I see the sidewalks are within two feet (2') of the edge of the street. Is it possible in those - and desirable I should say, in those areas to put a curb in there - I refer to the sidewalk on the - east side of Shetland [Avenue], that thing is so close to the street, to me it is almost dangerous. And in some of these, you do have near the streets or near intersections, you are two feet (2') away from the street." Mr. Anderson spoke of Arabian Avenue and said, "I felt it was better to put it two feet (2') away for a very short distance, and get it away as fast as I could to save the trees; avoid that side of the drainage structure which is the better side of that particular structure to be on for safety of the pedestrians. I do realize it is two feet (2'). That is not a desirable situation, but the best solution I feel for that particular area. Everywhere else we are at least five feet (5')..." Commissioner Gilmore said, "... What would be nice at that section, if you could have a curb along there." Mr. Anderson added, "That's a good idea - to extend the existing curb you see, just west of that." "MY MOTION WOULD READ THAT THE CITY COMMISSION REVIEWED THE PLANS WHICH WE DID, AND SET A PUBLIC HEARING DATE FOR FEBRUARY 20TH, [2006] AND AT THAT TIME - CAN WE CONSIDER AT THAT TIME THE REFERENDUM." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. MAYOR BUSH SAID, "I THINK WHAT THE MANAGER HAS RECOMMENDED IS AFTER THE PUBLIC HEARING, THAT THE COMMISSION THEN WOULD DECIDE ON IT." MANAGER McLEMORE STATED, "RIGHT." MAYOR BUSH THEN STATED TO MR. FIELDS THAT REGARDING COMMISSIONER GILMORE'S SUGGESTION FOR THE CURBING, "WOULD THAT BE SOMETHING THAT WOULD BE IN - WHAT YOU PRESENT AT THE PUBLIC HEARING?" MR. FIELDS SAID, "SURE." MAYOR BUSH NOTED, "THE MOTION IS TO HOLD THE PUBLIC HEARING ON FEBRUARY THE 20TH, [2006], HERE IN THE COMMISSION CHAMBERS, AT 6:30 [P.M.]." COMMISSIONER KREBS STATED, "YES." SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 23, 2006 PAGE I3 OF 26 VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. REGULAR 304. Community Development Department Requests The City Commission Consider The Final Engineering/Site Plan For Phase I And Its Associated Development Agreement (DA) Of The Vistawilla Office, Located On The South Side Of SR (State Road) 434, Just West Of The GreeneWay Interchange. Mayor Bush spoke first on this Agenda Item. Discussion. Discussion. Mr. Tom Corkery, 759 Bear Creek Circle, Winter Springs, Florida: addressed the City Commission. "I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE THIS ITEM- PHASE I - ITEM '304'." MOTION BY COMMISSIONER MILLER. MAYOR BUSH NOTED, "THE MOTION I AM SURE, INCLUDED THE ASSOCIATED DEVELOPMENT AGREEMENT SUBJECT TO THE FINDINGS STATED." COMMISSIONER MILLER REMARKED, "THAT IS CORRECT." MAYOR BUSH STATED, "SECONDED BY COMMISSIONER GILMORE." DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER GILMORE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. REGULAR 305. Not Used CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 23,2006 PAGE 140F26 REGULAR 306. Office Of Commissioner Sally McGinnis Requesting The Commission To Discuss Issues Related To The West S.R. (State Road) 434 Improvement Project. Commissioner McGinnis first introduced this Agenda Item. Discussion. Tape 3/Side A Mr. Robert Woodall, 718 Sailfish Road, Winter Springs, Florida: spoke about the Cumberland Farms store on State Road 434 and problems with dropping sales. Manager McLemore said to Mr. Woodall, "Put it in writing." Mayor Bush added, "I think you need to write to the Department of Transportation." Commissioner Krebs said, "Who do they write to?" Mayor Bush said, "The Department of Transportation. Mr. McLemore can get the address out to them." Mr. Ayube (Benson) Kahn, 1464 Wescott Loop, Winter Springs, Florida: as the owner of Bruster's Ice Cream on State Road 434, Mr. Kahn also spoke of problems with customers accessing his store due to the medians. Discussion. Mr. Mike Pajak, 1210 Waverly Way, Longwood, Florida: suggested working with Seminole County and the Department of Transportation to solve this situation. Mr. Mike Sprouse, 623 Anhinga Road, Winter Springs, Florida: also spoke of his business being affected by the medians on State Road 434. .:..:. AGENDA NOTE: THE FOLLOWING THE FOLLOWING REGULAR AGENDA ITEMS WERE DISCUSSED IN THE ORDER AS DISCUSSED. .:..:. REGULAR REGULAR 308. Office Of The City Manager Requesting The Commission To Consider Review Of The City's Cell Tower Ordinance Number 678 Relative To The Capacity Of The Ordinance To Provide City-Wide Cell Service. Manager McLemore spoke on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 23, 2006 PAGE 15 OF 26 Mayor Bush spoke of the Fee for the Consultant and stated, "Why don't we ask Vertex [Development, Inc.] to pay for that?" With brief discussion, Manager McLemore added, "I may enhance this - Scope of work, a little bit too." Ms. Mary Doty Solik, Foley & Lardner LLP, 111 North Orange Avenue, Suite 1800, Orlando, Florida: briefly addressed the City Commission. Mr. John Hogan, 105 Arrowhead Court, Winter Springs, Florida: asked questions on the proposed Cell Tower and the related Ordinance. "I WOULD LIKE TO MAKE A MOTION THAT THE COMMISSION AUTHORIZE THE CITY MANAGER TO ENTER INTO A CONTRACT WITH ARTHUR K. PETERS, CONSUL TING ENGINEER IN THE AMOUNT OF THIRTY-SIX HUNDRED DOLLARS ($3,600.00) TO DETERMINE IF THE TOWER ORDINANCE NEEDS TO BE AMENDED TO PROVIDE FOR REASONABLE CELL PHONE COVERAGE THROUGHOUT THE CITY." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. REGULAR 309. Office Of The City Manager Requests That The City Commission Consider Approval Of Resolution Number 2006-05 Which Proposes To The Seminole County Charter Review Commission Two (2) Amendments To The Seminole County Home Rule Charter Related To Preserving Municipal Home Rule And Providing Adequate Time To Publicly Debate Future Charter Amendments Proposed By The Seminole County Board Of County Commissioners. Mr. John Horan, 1612 Wood Duck Drive, Winter Springs, Florida: who serves on the Seminole County Charter Review Committee, addressed the City Commission. Discussion. Tape 3/Side 8 Regarding the Resolution, Commissioner McGinnis stated, "I support it." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 23, 2006 PAGE 16 OF 26 Further discussion. Manager McLemore stated, "If we won the litigation, and there was no bigger, no further issue with us than what the County - on the transfer issue, would we still want to have this in our Charter? Personally, I think we would." Manager McLemore added, "The reason I say I think we would, is I think it would prevent future issues that would arise over this issue - that could come Up." Mr. Horan stated, "So, this would be an Amendment that would be proposed then by the City of Winter Springs and I presume you'd like me to propose it to the Commission? And, like I said, I just saw it tonight - but I would like to have the opportunity to take a look at this and then discuss it with your Attorney, but - obviously I see no particular reason why not to do it." Discussion ensued on Eminent Domain; having supportive parties at the Seminole County Charter Review Commission meetings; and when these meetings are held. Mayor Bush stated, "We will make sure that we are at the next meeting." "MOTION TO APPROVE ITEM '309' - THE RESOLUTION." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. Commissioner Miller stated, "Point of Order" and spoke of an extension to the Meeting. Mayor Bush stated, "We need a Motion to extend." "YES, FOR ONE (1) HOUR." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 23, 2006 PAGE 170F26 REGULAR 310. Public Works Department Requesting Approval To Enter Into A Contract To Construct The Utility/Public Works Facility. Mr. Kip Lockcuff, P.E., Director, Public Works Department, and Mr. Greg Bishop, Capital Projects Coordinator, Public Works Department spoke on this Agenda Item. Discussion. "MOTION TO APPROVE." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. REGULAR 307. Office Of The City Clerk Requesting The City Commission Approve Dates And Submitted Information For This Year's Advisory Board And Committee Appreciation Dinner Which As In Previous Year's Will Honor The Individuals Who Serve Our Community As Members Of The City's Advisory Boards And Committees. The City Commission Has Requested That This Year, This Event Be Held At The Winter Springs Golf Club, And Be Held Earlier This Year. With discussion, Mayor Bush summarized, "The first choice is April 21 st; the second choice is May the 12th; the third choice is May the 5th." Discussion ensued on costs and attendance for this Event. Mayor Bush stated, "I would like to recommend that we set the limit of this to sixty seven hundred dollars ($6,700.00). Andrea [Lorenzo-Luaces) knows what these other little items are going to cost, that gives her negotiation room on the food, with the restaurant. Sixty seven hundred [dollars) ($6,700.00) - it is slightly more, we can maybe do a better job of informing people - don't tell us you are going to come and not show up, because it is costing us..." Commissioner McGinnis suggested, "...1 think we can get the word out to the Committee Chairs, to tell their..." Mayor Bush noted, " ...1 think we - need to tell people, we are concerned about the cost, we want to stay within - sixty seven hundred dollars ($6,700.00) - we should be able to pull it off for that. Is everybody in agreement?" CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 23, 2006 PAGE 18 OF 26 Commissioner McGinnis stated, "1 agree." Commissioner Krebs said, "Yes." No objections were voiced. Discussion ensued on the Budget. Mayor Bush stated, "Let's have a Motion that gives us sixty seven hundred dollars ($6,700.00) and also take care of the additional money we are going to need for 'Promotion' expense." "SO MOVED." MOTION BY COMMISSIONER McGINNIS. MAYOR BUSH NOTED, "THE MOTION IS THAT FOR SIXTY SEVEN HUNDRED DOLLARS ($6.700.00) FOR THIS EVENT AT THE WINTER SPRINGS GOLF COURSE, AND WE HAVE GOT THE DATES - AND THAT WE WILL NEED AN ADDITIONAL SEVENTEEN HUNDRED DOLLARS ($1.700.00) INTO LINE CODE 1100-54800. THE MANAGER WILL TAKE CARE OF THAT." SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. Mayor Bush stated, "I want to pull one (1) item off the Consent Agenda." .:..:. AGENDA NOTE: THE FOLLOWING CONSENT AGENDA ITEM WAS PULLED OFF OF THE CONSENT AGENDA FOR INDIVIDUAL DISCUSSION. .:. .:. CONSENT AGENDA CONSENT 404. Public Works Department Requesting Authorization From The City Commission To Enter Into An Agreement With Southeastern Surveying And Mapping Corporation For $22,680.00 To Provide Surveying And Platting Services To Complete The Fruitwood Lake Land Transfer. Mayor Bush first spoke on this Agenda Item. Discussion then followed with Mr. Fields. Tape 4/Side A CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 23, 2006 PAGE 19 OF 26 Further discussion. "I MOVE THAT WE RECONFIGURE THE FRUITWOOD LAKE PROPERTIES TO INCLUDE '762' LAKE ACCESS, AS SHOWN ON THIS MAP." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. MR. FIELDS REMARKED, "WE WOULD BE GLAD TO APPROACH '617' AND WORK IT OUT IN A WAY THAT BOTH ARE AGREEABLE TO IT." VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE FOLLOWING REMAINING CONSENT AGENDA ITEMS WERE DISCUSSED, BUT NOT NECESSARIL Y IN THE ORDER SHOWN. .:..:. CONSENT AGENDA CONSENT 400. Community Development Department - Urban Beautification Services Division Requesting Authorization To Enter Into A Contract Agreement For Landscape Maintenance Services For City Facilities. Brief discussion. CONSENT 401. Community Development Department - Building Division Requesting Authorization To Purchase (1) Ford F-150 Pickup Truck By Piggybacking Off Of The Florida Sheriffs Association Bid Number 04-12-0823. No discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 23, 2006 PAGE 20 OF 26 CONSENT 402. Parks And Recreation Department Requesting The City Commission To Accept The Proposal Bid Number 1 Of Premier Pyrotechnics And Authorize The City Manager To Execute A Contract With The Approved Proposal For A Fireworks Display On July 4, 2006. With brief discussion, Commissioner McGinnis said, "I would suggest we start working on entertainment, like something different. Jazz maybe." Further discussion. CONSENT 403. Public Works Department Requesting Approval Of The First Amendment To The Interlocal Agreement With Seminole County For The Maintenance Of S.R. (State Road) 434 Landscaping, Hardscaping, And Streetlighting. Discussion followed with Mr. Greg Bishop who stated, "You have already given the three hundred and twenty thousand dollars ($320,000.00) as contingency funds. As such, cost oveITuns, CEI (Construction Engineering and Inspection) cost is considered a contingency for which those funds were there for." Mayor Bush commented that "The first time you use an acronym, you should spell it out." Manager McLemore stated, "Right, but if they recover some of those funds, shouldn't they be shared back with us, since we provide them. I think we need to object to that." Mr. Bishop added, "That would be what I have said, through the course of the meetings, and the County agrees with that; but it is the State that has popped up and said..." Manager McLemore noted, "... We need to file an objection against that. That's just not right. " Manager McLemore stated, "lfyou give us the authority, we will go ahead and object to it." Mayor Bush asked, "Is the Consensus that the Manager should pursue - this?" Commissioner McGinnis said, "Yes." Commissioner Miller noted, "Yes." Commissioner Krebs remarked, "Yes. " No objections were voiced. CONSENT 405. Office Of The City Clerk MOVED FROM THE PUBLIC HEARINGS AGENDA Requesting Approval Of The January 9, 2006 Regular City Commission Meeting Minutes. There was no discussion on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 23, 2006 PAGE 21 OF 26 Mayor Bush stated, "Can we have a Motion then for the approval of the Consent Agenda, except for' 404', which you have already acted on." "SO MOVED." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. .:. .:. AGENDA NOTE: THE FOLLOWING CONSENT AGENDA ITEM WAS AGAIN DISCUSSED, FOLLOWED BY ANOTHER VOTE. .:. .:. CONSENT AGENDA CONSENT 404. Public Works Department Requesting Authorization From The City Commission To Enter Into An Agreement With Southeastern Surveying And Mapping Corporation For $22,680.00 To Provide Surveying And Platting Services To Complete The Fruitwood Lake Land Transfer. Mr. Fields stated, "'404', I believe the action was made on the amended map, but I don't know if the Commission ruled on the authorization for funding for Southeastern [Surveying and Mapping Corporation] to proceed with the Surveying Services." Mayor Bush stated, "Can we have a Motion then to approve the money on '404'." "MOTION TO APPROVE." MOTION BY COMMISSIONER KREBS. MAYOR BUSH STATED, "COMMISSIONER KREBS MADE THE MOTION TO APPROVE THE EXPENDITURE." SECONDED BY COMMISSIONER McGINNIS." DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 23, 2006 PAGE 22 OF 26 INFORMATIONAL AGENDA INFORMATIONAL 500. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. Commissioner McGinnis mentioned, "There are a lot more businesses already in there, than are mentioned here - in Villagio - so you might want to just go by there sometime." INFORMATIONAL 501. Utility Department Informing The City Commission On The Potable Water Usage For 2005. Brief discussion. INFORMATIONAL 502. Public Works Department - Stormwater Division Advising The City Commission On The Status Of The FEMA (Federal Emergency Management Agency) Flood Map Modernization Process. Discussion. Commissioner Gilmore stated, "Is the City open for litigation, in any way, shape, or form, when they change the Flood Map and put somebody in a flood plain who was not there previously?" Commissioner Gilmore added, "Does the City have a responsibility, or does anybody?" With discussion, Mr. Fields stated, "That would be a good question to bring up in the Public Meetings that are coming up, and maybe I will make a note to ask that on our behalf. There are two (2) Public meetings, this is not in your Agenda Item, on this - February 22nd, and February 23rd. The one on the 22nd, is going to be at Winter Springs High School here, so I would encourage everyone, if available, to attend that. That is where that FEMA (Federal Emergency Management Agency) and their representatives are going to discuss this plan and discuss the appeals process and protests, and things like that. " INFORMATIONAL 503. Not Used CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 23, 2006 PAGE 23 OF 26 INFORMATIONAL 504. Community Development Department Advising The City Commission Of The Status Of The City Map Project. This Agenda Item was not discussed. INFORMATIONAL 505. Public Works Department Advising The City Commission Of The Status Of The City Hall Expansion Project. Discussion. INFORMATIONAL 506. Public Works Department Advising The City Commission Of The Status Of Various Capital Improvement Projects. Brief discussion. "MOVE TO APPROVE." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. 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 distributed an article about a class on how to design a nice road. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 23, 2006 PAGE 24 OF 26 Next, Manager McLemore stated, "I put in your box, this article on Cell Towers." Regarding the repairs to the last Kristi Anne Town House, and Manager McLemore asked, "Do you want us to go forward with selling this thing or go forward with making it available to Hurricane victims of Katrina, as we talked about earlier?" For a Consensus, Commissioner Miller stated, "Sell it." Commissioner McGinnis remarked, "Sell it." Commissioner Krebs said, "Hurricane victims." Commissioner Gilmore commented, "I would sell it." Mayor Bush summarized the Consensus as, "Sell it." REPORTS 602. Office Of The City Clerk - Andrea Lorenzo-Luaces, CMC City Clerk Lorenzo-Luaces asked the City Commission about the Marble gifts for the Advisory Board and Committees Appreciation Dinner and inquired if they would prefer the gift changed. Mayor Bush stated, "No." No changes were agreed to. REPORTS 603. Commission Seat Two/Deputy Mayor - Michael S. Blake Absent. REPORTS 604. Commission Seat Three - Donald A. Gilmore Commissioner Gilmore spoke of the "Chunk of land - over in the Oviedo Mall, that belongs to us, or it belongs in Winter Springs." Manager McLemore said to Commissioner Gilmore, "I will talk to you later." REPORTS 605. Commission Seat Four - Sally McGinnis Commissioner McGinnis said to Mr. Chuck Pula, Director, Parks and Recreation Department, "Your Parks and Rec's flyer that went out is awesome." Commissioner Gilmore added, "That was good!" Next, Commissioner McGinnis asked, "Do we have a Golf Course update?" Mayor Bush inquired, "Have we hired the Company?" Manager McLemore said, "I have got to call tomorrow on why I don't have that Scope." Commissioner McGinnis stated, "When we talk about future development, I would like for us to think about encouraging - Xeriscape landscaping." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 23, 2006 PAGE 25 OF 26 Additionally, Commissioner McGinnis said, "Some time ago, 1 presented to you, a Program from Longwood, called Citizen's - Awareness and Participation (CAP) and at that time, Randy [Stevenson, ASLA, Director, Community Development Department] you were brand new, and you were going to pursue this. 1 think we need to make a decision. " Mr. Stevenson stated, "We have been in the process of looking at that and we will be bringing that back to you at one of the February Meetings." Lastly, Commissioner McGinnis said to Mr. Lockcuff, "George Street, is that going to happen this year?" Mr. Lockcuff stated, "As far as Parking?" Commissioner McGinnis responded, "Yes - the sidewalks." Mr. Lockcuff added, "I guess 1 need a Resolution." REPORTS 606. Commission Seat Five - Joanne M. Krebs Commissioner Krebs asked Manager McLemore, "Have we made a date to meet with Oviedo again? And if we haven't, when are we - or when can we make a date to meet with them again?" Manager McLemore stated, "I need to call them." REPORTS 607. Office Of The Mayor - John F. Bush Photographs from this weekend's Scottish Highland Games were shown. Brief comments were made. Mayor Bush recommended that "JoAnn Mattie - who spoke tonight, be Appointed to the BOWS Board [Beautification of Winter Springs Board]. So, would one of the Commissioners make that Motion for me?" "I WILL MOVE." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER MILLER: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. Mayor Bush spoke of this Friday's "2nd Annual Chamber Choice Awards Luncheon" and having an extra ticket. Commissioner Miller said he would attend. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 23, 2006 PAGE 26 OF 26 Mayor Bush then spoke of a "Quality of Life" questionnaire and said, "I have some copies - that 1 will have the Clerk give you all that shows - the timeline." Mayor Bush stated, "Do we have a Motion to extend for about fifteen (15) minutes?" "OKAY." MOTION. SECONDED. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. Lastly, Mayor Bush noted that he would give information to the City Clerk from a recent Joint City/County Advisory Meeting. REPORTS 608. Commission Seat One - Robert S. Miller No Report. ADJOURNMENT Mayor Bush adjourned the Regular Meeting at 12:03 a.m. R~veCTFULLY SUBMITTED. A LORENZO-LUACES, CMC LERK APPROVED: NOTE: These Minutes were approved at the February 13,2006 Regular City Commission Meeting.