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HomeMy WebLinkAbout_2007 01 22 City Commission Regular Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING JANUARY 22, 2007 CALL TO ORDER The Regular Meeting of Monday, January 22,2007 of the City Commission was called to Order by Mayor John F. Bush at 6:30 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Mayor John F. Bush, present Deputy Mayor Sally McGinnis, present Commissioner Robert S. Miller, present Commissioner Rick Brown, present Commissioner Donald A. Gilmore, present Commissioner Joanne M. Krebs, absent City Manager Ronald W. McLemore, arrived at 6:32 p.m. City Attorney Anthony A. Garganese, present A moment of silence preceded the Pledge of Allegiance. Mayor Bush spoke briefly on this past weekend's successful Scottish Highland Games. Under Agenda Changes, Mayor Bush stated, "Amsouth Bank has asked that items '204' and '301' be pulled." City Manager Ronald W McLemore arrived at 6:32 p.m. PUBLIC INPUT Ms. Isabelle Laub, 1372 Blue Spruce Court, Winter Springs, Florida: regarding the Cell Tower issue, Mayor Bush stated, "Does not wish to speak." Mr. Billy Nichols, 1281 Nature's Way, Winter Springs, Florida: spoke of the Cell Tower issue and his preference was that if it was placed on "Personal property or City property - I will vote for it." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 22, 2007 PAGE 2 OF 32 Mr. Mervin Warner, 673 Keuka Court, Winter Springs, Florida: mentioned he was personally in favor of a Cell Tower in Tuscawilla; and spoke of a vote by the Tuscawilla Homeowner's Association. Mayor Bush recognized former Commissioner Edward Martinez, Jr. Mr. Edward Martinez, Jr., 205 Little Creek Lane, Winter Springs, Florida: commented on leadership; and suggested that the Public Input portion of Public Hearings be held after there has been any applicable discussion by Staff and the City Commission. Ms. Phyllis Yoder, 914 Arabian Avenue, Winter Springs, Florida: clarified the "Public Input" form she filled out and stated, "I am much in favor of a Cell Tower in the Tuscawilla area." Mr. Jack Yoder, 914 Arabian Avenue, Winter Springs, Florida: mentioned that the reception in Tuscawilla is very poor and that a Cell Tower is needed. Mr. Charles Lacey, 733 Bear Creek Circle, Winter Springs, Florida: representing the Tuscawilla Homeowner's Association, Mr. Lacey spoke on the Cell Tower issue and presented information related to the Ballot and results of a Vote taken by the Tuscawilla Homeowner's Association membership which carried a majority Vote. Ms. Sherri P. Moore, 925 Dyson Drive, Winter Springs, Florida: referenced the June 2i\ 2005 Minutes related to safety concerns and Traffic Calming; and recent events that she was not pleased with, in regards to Dyson Drive and Traffic Calming. Mr. Lee Jenson, 134 Nandina Terrace, Winter Springs, Florida: representing the Howell Creek Reserve Homeowner's Association, Mr. Jenson spoke on Regular Agenda Item "300" and asked for the City Commission's support. Ms. Connie Nadrowski, 915 Dyson Drive, Winter Springs, Florida: commented that she was in favor of sidewalks and slowing traffic on Dyson Drive; and that she supports the proposed Cell Tower. .:. .:. AGENDA NOTE: THE FOLLOWING AWARDS AND PRESENT A TIONS WERE DISCUSSED IN THE ORDER DOCUMENTED. .:..:. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JANUARY 22,2007 PAGE 3 OF 32 AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 103. Parks And Recreation Department Representatives Of The Winter Springs Babe Ruth Girls Softball Requesting To Present Two (2) State Champions For Girls Softball 14 And Under And 8 And Under Teams. Ms. Sondra Ahlers, Secretary, Winter Springs Youth Sports Board of Directors, 616 Morgan Street, Winter Springs, Florida: introduced Mr. Scott Wade. Mr. Scott Wade, Manager of Rookie (8U) Babe Ruth State Champions, 1229 Winding Chase Boulevard, Winter Springs, Florida: introduced the members of his team. Mr. Jim Brown, Manager of 14U Fastpitch Babe Ruth State Champions, 155 Panama Road East, Winter Springs, Florida: introduced his team members. Mr. (Jim) Brown then requested recognition signage at the entrances of Winter Springs. Mayor Bush stated, "I think if you would work with Chuck Pula, Director of Parks and Recreation on this - he will come back to the Commission with a recommendation. But you work with him on what you think it should look like, etc. - and then it will come through Mr. McLemore and come back to the Commission at a later time." AWARDS AND PRESENTATIONS 104. Parks And Recreation Department Friends Of Leash Optional Park Requesting To Present A Commemorative Check And Actual Check In The Amount Of $4,000.00 Toward Irrigation For New Dog Park Site, As Well As A Certificate From Sun State Tree. Mr. Bob Rucci, 973 Turkey Hol/ow Circle, Winter Springs, Florida: spoke of the "Hogs and Hounds Puppy Love Run" and mentioned that Sun State Trees has donated a tree to be planted; and presented to the City a check for four thousand dollars ($4,000.00) "To help with the irrigation, and if there is a little left over, some additional trees to go on that parcel. " AWARDS AND PRESENTATIONS 102. Office Of The Mayor Requests That The City Commission Recognize And Congratulate Mr. Tim Brewer, Owner, D'Vine Wine For Winning The Indy International Wine Competition Silver Medal For His Blueberry Breeze Entry. Mayor Bush recognized Mr. Tim Brewer. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 22, 2007 PAGE 4 OF 32 Mr. Tim Brewer, D'Vine Wine Market, Winter Springs, Florida: addressed the City Commission and introduced his associate, Mr. John Paul Cook AWARDS AND PRESENTATIONS 101. Public Works Department Requests That The City Commission Listen To A Presentation From Carter- Burgess Regarding The Status Of The U.S. Highway 17-92 Roadway Widening Project From Shepard Road To Lake Mary Boulevard. Ms. Lynne Marie Whately, AICP, Senior Project Manager, Carter Burgess, 1000 Legion Place, Suite 1400, Orlando, Florida: spoke briefly on this project. Mr. Eric Wooley, Project Engineer, Carter Burgess, 1000 Legion Place, Suite 1400, Orlando, Florida: addressed the City Commission on some of the more technical aspects of this project. Tape 1/Side B Commissioner Donald A. Gilmore stated, "You have a four foot (4') bike lane on each side, which to me is awfully narrow for a fifty (50) mile-an-hour highway. You put an eight foot (8') sidewalk on one side, a five foot (5') sidewalk on the other but for bicycles, can't you do better than four feet (4') for the safety of these people?" With discussion, Mr. Wooley stated, "We can certainly bring that issue up with the DOT (Department of Transportation)." Commissioner Gilmore noted, "I wish you would." Mr. Wooley added, "I will." Commissioner Robert S. Miller remarked, "Some thought should be given 1 think, in your planning - because the Trail crosses through there, you might want to consider putting - a twelve foot (12') - sidewalk, instead of eight (8') and demarking maybe three (3) or 4 feet (4') of it for pedestrians - and the rest for - people that want to ride bicycles." Commissioner Miller added, "Because of the Trail there, 1 think some consideration ought to be given to his comment." With further comments, Manager McLemore asked, "Are the slopes going to require fences?" Ms. Whately stated, "Probably?" Manager McLemore then said, "Could we please not get chain link fence, at least get black vinyl?" Ms. Whately responded, "We can certainly request that." Concluding, Ms. Whately stated, "This project is going to be going to a Public Hearing on Wednesday, January 31 st - the meeting will be held actually at the Seminole County Board Chambers from 5:30 [p.m.] to 7:30 [p.m.] - there will be a formal presentation at 6:30 p.m., so we are inviting all of the public to attend." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 22, 2007 PAGE 5 OF 32 AWARDS AND PRESENTATIONS 100. Public Works Department Requests That The City Commission Listen To A Presentation From Mr. Robert King, Chairman Of The Friends Of Lake Jesup. Mr. Robert King, Chairman of the Friends of Lake Jesup, 2211 Black Hammock Road, Winter Springs, Florida: addressed the City Commission. Mr. Brian Fields, P.E., City Engineer, Public Works Department commented on this Issue. Deputy Mayor Sally McGinnis said to Mr. King, "I think we would all appreciate it if you and Brian [Fields] would keep us updated and if there is anything that we can do to be more forceful advocates - then you would have to tell us." Mr. King then suggested, "I think the key is - communication." Mr. King added, "I think attending the meetings would be - a really good place to start, and then pay attention - when you get your report every month - and like 1 said, they should be bringing you all this stuff that affects you." Further discussion. Tape 2/Side A Discussion. Mayor Bush suggested, "Further discussion with maybe more time allotted, but not during a Regular Meeting, so we can - talk about that under our Seats and see about setting a Workshop." Mr. King stated, "Okay." Commissioner Miller inquired, "Are we going to set up a Workshop?" Mayor Bush stated, "Yes, that is what 1 was going to recommend that we do." Mr. King noted, "If you do have an opportunity for Agencies to come and present, 1 am sure they would all love to come and tell you - what a great job they are doing of their part." Furthermore, Commissioner Miller stated, "I would love to see you and Staff come back to us with how much of our watershed is actually Winter Springs and how much is Orange County; because that is the way to really get this up to a national level, if we can get Congressmen throughout the area being called by their constituents." Mayor Bush then said, "Commissioners, would you like to see a Workshop on this further?" Deputy Mayor McGinnis remarked, "I would." Mayor Bush said, "Brian [Fields], would you let us know when would be a good time?" Mr. Fields nodded in agreement. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUAR Y 22, 2007 PAGE 6 OF 32 PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 200. Community Development Department - Planning Division And Office Of The City Attorney Request That The City Commission Hold A Public Hearing For First Reading Of Ordinance Number 2006-12, Which Amends City Code Section 20-451. Regarding Telecommunication Towers And Antennas. Mayor Bush stated, "Can we have a Motion to read by 'Title' only?" "SO MOYED." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER MILLER. DISCUSSION. YOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. Attorney Garganese read Ordinance 2006-12 by "Title" only. Commissioner Gilmore noted, "On page - 2 -, we said antennas shall be close-mounted or concealed - 1 thought that we were only going for concealed ones?" Commissioner Gilmore added, "Did we not tell everybody that if we built a cell tower that they would not see antennas on it? 1 believe we did." Manager McLemore noted, "There are examples and it's been done all over the place where the antennas are contained inside the pole." Commissioner Gilmore noted, "And that is what 1 thought we were talking about." City Attorney Anthony A. Garganese mentioned, "Close-mounted. Not the antennae arrays that stick out like we have out here behind City Hall, but close-mounted, flush up against the pole." Commissioner Gilmore said, "I would suggest that before we would accept that, they would have to prove they couldn't put them internal to the pole." Manager McLemore stated, "I agree." Commissioner Miller suggested, "That would all be part of the approval process for that location - the Application." Next, Commissioner Gilmore then noted the draft Ordinance and stated, "On e., page 6, you have - second line under e. - you have 'by'. Should that be 'by' or 'of? Attorney Garganese stated, '" Of." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 22, 2007 PAGE 7 OF 33 Discussion. Referencing page 14 of the Ordinance, and item (15), Commissioner Gilmore spoke of "Existing principal use includes the storage. We all know the principal use of the cell tower location is not to store fuel but if they have generators, we are going to have fuel storage for those generators on those sites. And I think that we ought to indicate in item (15) that the storage is for the use of those generators if necessary." Continuing, Commissioner Gilmore suggested, "Maybe we ought to say in there, this does not apply to fuels for use in emergency generators on site." Attorney Garganese remarked, "Certainly can add that language." Mayor Bush opened the "Public Input" portion of the Agenda Item. Mr. Edward Martinez, Jr., 205 Little Creek Lane, Winter Springs, Florida: spoke of the Tuscawilla Homeowner's Association; and noted he was in support of the sites for a Cell Tower. Mayor Bush closed the "Public Input" portion of the Agenda Item. "I MAKE A MOTION WE MOVE THIS TO THE SECOND HEARING - WITH THE TWEAKING FROM COMMISSIONER GILMORE." MOTION BY COMMISSIONER MILLER. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER GILMORE." DISCUSSION. VOTE: COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER BROWN: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. PUBLIC HEARINGS 201. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For Second Reading And Adoption Of Ordinance Number 2006-15, A Large Scale Comprehensive Plan Text Amendment (Referenced As LS-CP A-07-03) Which Creates Future Land Use Element Policy 1.8.4, Establishing An Eastern Annexation Boundary For The City, Preventing The City From Expanding The City Boundary Beyond Deleon Street. Attorney Garganese read the Ordinance by "Title" only. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 22, 2007 PAGE 80F-33 Mayor Bush opened the "Public Input" portion of the Agenda Item. Mr. Edward Martinez, Jr., 205 Little Creek Lane, Winter Springs, Florida: thanked the Commission for setting the boundary line. Mayor Bush closed the "Public Input" portion of the Agenda Item. Commissioner Miller spoke for the Record on high standards. Discussion. "MOTION TO APPROVE." MOTION BY COMMISSIONER MILLER. SECONDED BY DEPUTY MAYOR McGINNIS. DISCUSSION. VOTE: DEPUTY MAYOR McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. .:..:. AGENDA NOTE: PUBLIC HEARINGS AGENDA ITEM "202" WAS FURTHER DISCUSSED LATER IN THE MEETING, AS SHOWN ON PAGE 11 OF THESE MINUTES. .:. .:. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 202. Community Development Department Requests That The City Commission Hold A Public Hearing To Consider A PUD (Planned Unit Development) Amendment For Parcel 14 Of The Oviedo Marketplace PUD (Planned Unit Development) (And Development Of Regional Impact - DRI) By The Viera Company. Mr. John Baker, AICP, Senior Planner, Community Development Department introduced this Agenda Item. Discussion. Ms. Eloise Sahlstrom, ASLA, AICP, Senior Planner, Community Development Department addressed the City Commission on the number of units. Further comments were made. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 22, 2007 PAGE 9 OF 33 Mr. Randy Stevenson, ASLA, Director, Community Development Department spoke on this parcel in question. Commissioner Miller stated, "I would like to be certain that what we think is going to happen is going to happen there. There seems to be some - investigative work that will be done - on actual wetland areas, etc. - if it turns out to be a little bit different that what we were anticipating than what we were anticipating here, then there could be more development in office, in residential, or vice versa." Discussion. Mr. Rick Merkel, PE., Professional Engineering Consultants, 200 East Robinson Street, Suite 1560, Orlando, Florida: commented on this project. "SINCE WE DON'T HAVE A LOT OF THE ORIGINAL DOCUMENTATION - I WOULD LIKE TO TABLE THIS TO NEXT MEETING, OR JUST POSTPONE IT AND REVIEW IT AGAIN, AND HAVE SOME OF THE ORIGINAL STUFF COME BACK SO WE ARE ABSOLUTELY SURE WHAT WE ARE TALKING ABOUT HERE." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: NAY COMMISSIONER BROWN: AYE MOTION CARRIED. Attorney Garganese left the Commission Chambers at approximately 8:39 p.m. PUBLIC HEARINGS 203. Community Development Department Presents To The City Commission A Request For A Conditional Use To Allow The Grove Counseling Center (Also Known As The Grove Academy) To Expand, Within The 1-1 (Light Industrial) Zoning District, Pursuant To Section 20-261. And Section 20-33. Of The Zoning Chapter Of The City Code Of Ordinances. Mr. Baker introduced this Agenda Item. Discussion. Mayor Bush opened the "Public Input" portion of the Agenda Item. Mr. Larry Birch, 580 Old Sanford-Oviedo Road, Winter Springs, Florida: as the President of the Grove Counseling Center, Mr. Birch thanked the City Commission for their continued support. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 22, 2007 PAGE 10 OF 33 Mayor Bush closed the "Public Input" portion of the Agenda Item. "I WILL MAKE A MOTION THAT WE APPROVE THIS - CONDITIONAL USE." MOTION BY COMMISSIONER MILLER. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER BROWN." DISCUSSION. VOTE: COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER BROWN: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. PUBLIC HEARINGS 204. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For The Aesthetic Review For The AmSouth Bank Located On The Northeast Corner Of State Road 434 And Parkstone Drive, Located On A Commercial Out-Parcel Of The Parkstone Planned Unit Development (PUD), At The Northeast Corner Of SR (State Road) 434 And Parks tone Boulevard. As mentioned under Agenda Changes, this Agenda Item was not discussed. .:. .:. AGENDA NOTE: PUBLIC HEARINGS AGENDA ITEM "205" WAS FURTHER DISCUSSED LATER IN THE MEETING, AS SHOWN ON PAGE 13- 14 OF THESE MINUTES. .:..:. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 205. Community Development Department Requests The City Commission Consider The Proposed Development Agreement For The Residential Lot Located At 185 East Trade Winds Road To Facilitate The Construction Of A New House Before An Existing House On The Same Lot Is Demolished. Mr. Stevenson presented this Agenda Item. Mayor Bush inquired, "If approved, and the construction starts, what happens if it just stops before the house is completed? Let's say the owner moves away. What happens?" Attorney Garganese returned to the Commission Chambers at 8:42 p.m. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUAR Y 22, 2007 PAGE II OF33 Mr. Stevenson then explained, "We have an escrow account again that would enable the City to go in and either - demolish the existing home or I would assume to go in and I could defer to Anthony [Garganese] on this remove all work on the new home to restore it, if it is not finished." Mayor Bush noted, "I think if that is not clear, it ought to be in there," Attorney Garganese said, "If they're constructing the new home and it remains unfinished, is that your issue?" Mayor Bush stated, "Yes." Commissioner Miller remarked, "You need to address it." Attorney Garganese continued, "It is not addressed in the Agreement - that scenario." Attorney Garganese commented, "I could address it in the Agreement - if they abandon the construction of the new home, then - the property has to be restored." Tape 2/Side B Deputy Mayor McGinnis said, "I agree, we need to fix it, but I would like to have it done tonight. " .:..:. AGENDA NOTE: PUBLIC HEARINGS AGENDA ITEM "202" WAS DISCUSSED AGAIN, AS PREVIOUSLY NOTED ON PAGE 8 OF THESE MINUTES. .:. .:. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 202. Community Development Department Requests That The City Commission Hold A Public Hearing To Consider A PUD (Planned Unit Development) Amendment For Parcel 14 Of The Oviedo Marketplace PUD (Planned Unit Development) (And Development Of Regional Impact - DRI) By The Viera Company. Mayor Bush stated, "What we need to do is step back and take '202' offthe Table; so we need a Motion." MOTION. MOTION BY COMMISSIONER GILMORE. MAYOR BUSH REMARKED, "SECONDED BY COMMISSIONER BROWN TO TAKE '202' AND PUT IT BACK ON THE AGENDA." DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 22, 2007 PAGE 12 OF 33 VOTE: COMMISSIONER BROWN: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Mayor Bush spoke for the Record on this Agenda Item. Ms. Sahlstrom began this discussion with a reference to a copy of the Minutes from March 27,2006. With discussion on the density, Commissioner Miller stated, "If it is eight point eight (8.8) on the fifteen (15) acres, that is fine with me." Commissioner Miller added, "I just don't want it to be more than eight point eight (8.8) per acre - the density." Discussion. Mayor Bush opened the "Public Input" portion of the Agenda Item. Mr. Raphael F. Hanley, The Viera Company, 7380 Murrell Road, Suite 201, Viera, Florida: commented on renewing the Planned Unit Development (PUD) Amendment. Mayor Bush closed the "Public Input" portion of the Agenda Item. "MOTION TO APPROVE." MOTION BY COMMISSIONER MILLER. MAYOR BUSH REMARKED, "SECONDED BY COMMISSIONER GILMORE." DISCUSSION. VOTE: DEPUTY MAYOR McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 22, 2007 PAGE 13 OF 33 PUBLIC HEARINGS 206. Community Development Department Requests That The City Commission Approve The Oviedo Marketplace Parcel 14 Lot Split, And Authorize Its Recordation. Mr. Baker introduced this Agenda Item and mentioned an error in the Agenda Item by saying, "1 had some erroneous information in the 'CONSIDERATIONS:' part. I had copied this from another Staff Report and it is probably pretty obvious that this is not in the Ranchlands." Mayor Bush noted, "The first sentence under 'CONSIDERATIONS:' should just be stricken." Mayor Bush opened the "Public Input" portion of the Agenda Item. Mr. Raphael F. Hanley, The Viera Company, 7380 Murrell Road, Suite 201, Viera, Florida: commented on the proposed Lot Split. Mayor Bush closed the "Public Input" portion of the Agenda Item. "MOTION TO APPROVE." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR McGINNIS: AYE MOTION CARRIED. Mayor Bush called a Recess at 8:59 p.m. The Meeting was called back to Order at 9: 14 p. m. Due to technical difficulties, the next Audiotape was used. Tape 3/Side A .:. .:. AGENDA NOTE: PUBLIC HEARINGS AGENDA ITEM "205" WAS DISCUSSED AGAIN, AS PREVIOUSLY NOTED ON PAGE 10 OF THESE MINUTES. .:. .:. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 22, 2007 PAGE 14 OF 33 PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 205. Community Development Department Requests The City Commission Consider The Proposed Development Agreement For The Residential Lot Located At 185 East Trade Winds Road To Facilitate The Construction Of A New House Before An Existing House On The Same Lot Is Demolished. Attorney Garganese said, "Paragraph 4.3 talks about' Owner's Default; City's Right To Demolish. ' If we add some language that says, 'In the event Owner defaults on his obligation to complete the demolition within the time period required hereunder'; or, and this is new language; 'Or abandons construction of the additional Residence'; and then the rest stays the same 'execution of this Agreement represents Owner's unconditional consent for the City and its contractors to access and enter upon the Property for purposes of demolishing the Existing Residence' or the uncompleted additional residence, 'including, but not limited to,' etc. etc. And, then wherever it says 'Existing Residence', add, 'Or uncompleted additional Residence', throughout the rest of that paragraph. And, then add a sentence at the end for purposes of this paragraph, 'The term abandons shall mean that the building permits issued for the additional Residence have expired for constructing the additional Residence, or the Owner has failed to diligently pursue completion of the additional Residence within two (2) years of the effective date of this Agreement' ." Commissioner Miller said, "Does that mean it all has to be done within two (2) years?" Attorney Garganese said, "The additional Residence, or there would be a default. Or, the permits expire. My understanding is the home that they want to build should easily be completed within two (2) years." Discussion. Furthermore, Attorney Garganese stated, "In fact, paragraph 4.4 in the 'Escrow Funds. " we would just do some conforming Amendment to say that those monies could be used in the event the additional Residence is not constructed, per - paragraph 4.3." Mayor Bush stated, "Commissioners, does that take care of the problem?" Deputy Mayor McGinnis remarked, "Thank you." No objections were noted. 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 22, 2007 PAGE 15 OF 33 "MOVE FOR APPROVAL." MAYOR BUSH STATED, "MOTION BY COMMISSIONER GILMORE. SECONDED BY COMMISSIONER BROWN WITH THE CHANGES THAT WERE MADE, THAT ANTHONY [GARGANESE] - READ." DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 300. Community Development Department Requests The City Commission Approve The Proposed Modification To The Development Agreement Between Robert Yeager, Trustee; Zimmer Development Company; Contra Vest, Inc.; And The City Of Winter Springs (Dated December 14, 1998) To Allow Two (2) Signs - Each Six Feet (6') Tall - One (1) On Each Of Two (2) Lots. These Signs Would Be In Lieu Of One (1), Eight Foot Nine Inches (8'-9") Tall Monument Sign Approved Through The Previous Development Agreement Or Two (2), Four Foot (4') Tall Monument Signs. In Discussions Of A Proposed Development Agreement For The Seminole Trail Animal Hospital, The City Commission Indicated That They Would Support Two (2), Four Foot (4') Tall By Six Foot (6') Wide Monument Signs. Mr. Baker presented this Agenda Item. Brief discussion. "I WOULD LIKE TO MAKE A MOTION FOR APPROVAL." MOTION BY COMMISSIONER BROWN. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER GILMORE." DISCUSSION. DEPUTY MAYOR McGINNIS STATED, "I THINK THAT THE COMMENTS FROM THE HOMEOWNER'S ASSOCIATION CLEARLY DEMONSTRATES HOW IMPORTANT IT IS THAT HOA'S (HOMEOWNER ASSOCIATIONS) DO GO ON THE RECORD AND SUPPORT - OR AGAINST PROJECTS; AND I APPRECIATE THAT HAPPENING IN THIS INSTANCE." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUAR Y 22, 2007 PAGE 16 OF 33 VOTE: COMMISSIONER BROWN : AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. REGULAR 301. Community Development Department Requests The City Commission Consider The Final Engineering/Site Plan For The AmSouth Bank, Located On A Commercial Out-Parcel Of The Parkstone Planned Unit Development (PUD), At The North East Corner Of State Road 434 And Parkstone Boulevard. As mentioned under Agenda Changes, this Agenda Item was not discussed. REGULAR 302. Community Development Department Requests The City Commission Consider The Hayes Road Plaza Preliminary Engineering/Site Plan, Located On The South Side Of State Road 434, At The Southwest Corner Of The Intersection Of State Road 434 And Hayes Road. Mr. Baker introduced this item for discussion. Deputy Mayor McGinnis asked, "How many storefronts are proposed?" Mr. Jeffrey 0 'Connor, 2592 Double Tree Place, Oviedo, Florida: remarked, "There are about eight (8)." With discussion, Commissioner Rick Brown stated, "If the discussion is successful with Starbucks, what - are the drive-thru plans?" Mr. O'Conner stated, "None. There will be no drive-thru." Discussion. Attorney Garganese said, "Staff recommends a recommendation of approval subject to the land from the east bound right to turn lane being conveyed to the City in exchange for Traffic Impact Fee credits. I just want to make sure that that is going to be the case." Mr. Fields commented, "That's what we would like to see happen. Typically, the Developer's Agreement would come in with Final Engineering to document that..." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 22, 2007 PAGE 170F33 Attorney Garganese remarked, "...That is a condition of Approval." Mr. Fields stated, "Yes." Attorney Garganese added, "If they don't convey the land, in exchange for Traffic Impact Fee Credits per the City Code..." Mr. Fields stated, "...That is correct. . . ." Attorney Garganese noted, "Then this approval is null and void. Correct?" Mr. Fields stated, "That is the way it is written, yes." Deputy Mayor McGinnis added, "That is how I understand it." Attorney Garganese noted, "We will make that pretty clear on the Record." Mayor Bush said, "The Motion, when one is made - for Approval, should be as the recommendation on Page 3." Brief discussion followed on the sidewalks. Commissioner Brown said to Commissioner Miller, "Your question was moving that sidewalk back before the turn lane was done so that we have safe access?" Commissioner Miller answered, "If it takes a couple of years, I guess the sidewalk could just stay where it is until we get - everything in place to actually - put in the turn lane. So, as long as they would plant something there. How long do you think it is going to take to get the turn lane?" Mr. Fields asked, "When you say to get the turn lane, do you mean to get the land?" Commissioner Miller said, "My thought is, if this is going to be ten (10) years down the road before the turn lane comes, at some point they are going to have to come back to us for a more in depth definitive approval and then we could discuss some kind of foliage or things like that along here - so you wouldn't have a sidewalk where the dead area was." Commissioner Miller continued, "The sidewalk could probably stay where it is I suppose, or, we could ask them to put in a sidewalk and put some kind of green foliage, or we could do it, along the roadway, if it's going to be ten (10) years before we build a turn lane. " Continuing, Mr. Fields stated, "If they come in quickly with the final engineering, then we can acquire the land to construct the turn lane, including the sidewalk. If they delay it for some reason, then we would have to proceed under an alternative method to acquire the land and then proceed with the turn lane." "I WILL MAKE A MOTION THAT WE APPROVE SUBJECT TO THE LAND FOR THE EAST BOUND RIGHT LANE, TURN LANE, BEING CONVEYED TO THE CITY IN EXCHANGE FOR TRAFFIC IMPACT - FEE CREDITS." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 22,2007 PAGE 18 OF 33 VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE MOTION CARRIED. REGULAR 303. Not Used. REGULAR 304. Public Works Department Requesting The City Commission Set A Date For A Traffic Calming Workshop. Mr. Fields presented this Agenda Item. Discussion followed on a possible date, to which Mayor Bush suggested, "April 16th [2007J. Commissioner Brown noted, "Works for me." Deputy Mayor McGinnis remarked, "/ like 5:15 [p.m.J." Mr. Fields said, "This is a general Traffic Calming Workshop to discuss methods to help us develop guidelines. We could point to specific projects, such as Dyson [DriveJ or Murphy Road to use as a context, but not really targeting a specific project for the discussion. " Mayor Bush said, ii/ think the outcome eventually would be to set a guideline that could be used for any street in the City." Mr. Fields stated, "Yes." Mayor Bush said, "The 16th [April 2007J - 5:15 [p.m.J. Everybody is okay?" There were no objections from the City Commission. Mayor Bush called a Recess at 9:35 p.m. The Meeting was called back to Order at 9:39 p.m. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUAR Y 22, 2007 PAGE 19 OF 33 REGULAR 305. Community Development Department Requesting The City Commission To Consider The Request Of Vistawilla Office Center LLC To Relocate The Manual Sign For The Vistawilla Office Center As Approved In The Final Engineering To A Site Located On The Northwest Corner Of The Phase I Building. Manager McLemore and Mr. Stevenson spoke on this Agenda Item. Mr. Tom Corkery, 759 Bear Creek Circle, Winter Springs, Florida: addressed the City Commission on this project. Discussion. Commissioner Gilmore said, "Will the berm hide the transformer?" Mr. Corkery stated, "Yes, Sir. And with the landscaping." Tape 3/Side B Manager McLemore said, "You can't rely on plant material to hide this transformer. The berm needs to be sufficiently high to hide the transformer. Now, the other plant material will certainly help to soften it and all that. But the berm needs to be high enough to hide the transformer." Mr. Richard Shadley, Outdoor Design Works, Inc., 515 Park Avenue North, Suite 216, Winter Park, Florida: addressed the City Commission. Manager McLemore asked, "Will the transformer be visible behind the hard structures there?" Mr. Shadley stated, "No." Manager McLemore asked, "There's sufficient - height to hide the transformer without the plant material?" Mr. Shadley stated, "Yes. Then the plant material will be on top of them." Discussion. Commissioner Brown stated, "In the original plan that was approved, how was that transformer supposed to be shielded?" Mr. Corkery stated, "With some landscaping." Mr. Stevenson stated, "I believe that transformer, again, was back behind what would be the berm because it was on the back behind - it was on the back side of the berm." Further discussion. Continuing, Mr. Stevenson inquired, "As I transition in a vehicle and these things move, because they're transitional - you're changing position. I just wanted to - my question was - the juxtaposition of those vertical planters to each other, do they provide a continuous buffer of the transformer as that car transitions..." Manager McLemore noted, "".I think the answer is they're saying 'Yes', they will make it that way." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 22, 2007 PAGE 20 OF 33 "I WOULD LIKE TO MAKE A MOTION FOR APPROVAL - WITH THE ADDITION OF THE ADDITIONAL HARD PLANTER BUFFER SO THAT IT CAN'T BE SEEN IN A TRANSITIONAL VIEW AS YOU DRIVE BY." MOTION BY COMMISSIONER BROWN. MAYOR BUSH STATED, "SECONDED BY- COMMISSIONER GILMORE." DISCUSSION. COMMISSIONER MILLER STATED, "I JUST WANT TO MAKE SURE THAT WE GO OUT FAR ENOUGH WITH THE CONCRETE." MANAGER McLEMORE STATED, "WE WILL REVIEW THE PLANS AND MAKE SURE THAT HAPPENS." MANAGER McLEMORE STATED, "I JUST WANT TO BE ABLE TO REFERENCE THIS DRAWING IN YOUR MOTION THAT IT WOULD BE THIS HARD COVER ALL THE WAY AROUND LIKE THIS TO THIS POINT AND THE SOFT COVER ON THE REAR TO THE PARKING LOT BACK HERE. THAT COULD BE JUST PLANT - SCREEN WITH PLANT MATERIAL ON IT; AND THEN HARD COVER ON THIS ONE ON THE THREE (3) SIDES, TO THE POINT WHERE IT'S NOT VISIBLE. I DON'T THINK WE NEED ANY SOFT COVER ON THE BACK OF THAT DO WE, FOR THE TRANSFORMER?" MR. STEVENSON ASKED, "DOES THE BACK SIDE OF THE TRANSFORMER HIDE - DOES THE BERM HIDE TRANSFORMER FROM THE PARKING LOT?" MR. SHADLEY STATED, "NO." MANAGER McLEMORE STATED, "WHATEVER IT TAKES. IF IT'S ONE (1) THAT'S FINE." MR. CORKERY STATED, "OKAY. AND, IF IT'S TWO (2), IT'S TWO (2)." COMMISSIONER MILLER STATED, "THREE (3)." VOTE: COMMISSIONER BROWN: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER MILLER: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. Manager McLemore said, "Since this was part of a Final Engineering, what do we need to do to Amend the Final Engineering - just reference it? Okay." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUAR Y 22, 2007 PAGE 21 OF 33 CONSENT AGENDA CONSENT 400. Fire Department Requesting Approval To Purchase A HYBRID Vehicle By Piggybacking Off Of The Florida Sheriffs Association, Florida Association Of Counties And Florida Fire Chiefs' Association Bid Number 06-14-0821. Deputy Mayor McGinnis stated, "1 just want to say, 1 am delighted that we are using hybrid vehicles. And, make a statement that 1 hope - we continue to use hybrid vehicles in the future." CONSENT 401. Office Of the City Manager Requesting The City Commission Adopt Resolution Number 2007-06 Supporting Issues Forwarded By The Florida League Of Cities During The 2007 Legislative Session. No discussion. CONSENT 402. Utility/Public Works Department Request Authorization For The City Manager To Execute A Distribution Easement With Progress Energy At The New Public Works Facility. There was no discussion on this Agenda Item. CONSENT 403. Public Works Department Reaward Dyson Drive Sidewalk Construction. Deputy Mayor McGinnis asked, "Have all the tree and drainage issues been resolved?" Mr. Fields stated, "Yes. This is just are-award of the contract for a lower price." Commissioner Gilmore inquired, "Have we worked with the homeowners on the little walls that had to be built?" Mr. Fields stated, "We are in the process of doing that. We're meeting with them individually." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 22, 2007 PAGE 22 OF 33 CONSENT 404. UtilitylPublic Works Department UtilitylPublic Works Compound Contract Change OrderlDelay Settlement. This Agenda Item was not discussed. CONSENT 405. Public Works Department Requesting Approval Of Resolution Number 2007-05 Authorizing The City Manager To Enter Into A Highway Maintenance Memorandum Of Agreement With The Florida Department Of Transportation For The Maintenance Of State Road 434. Commissioner Miller stated, "Some areas of [State Road] 434 just don't seem to be getting the attention that other areas do. And since this is - an Agreement that is going to cover from Talmo [Street], all the way to the GreeneWay, I just wanted to express my concern about - the green or the foliage. Like along Village Walk and going up towards both sides - it's still not to what it really ought to be. So, if our new Contractor is going to be developing a schedule, I would like to see them allocate some time to make sure that that's - brought up to the standard, I think, all of us thought it was going to be. The groundcover is still impoverished in a lot of areas over there." Mr. Steven Richart, Urban Beautification Services Division Manager, Community Development Department stated, "We are continuing to work on that. You will see an improvement in a few months." CONSENT 406. Public Works Department Requesting Approval Of An Increase In Scope (Change Order) In The Contract With Orlando Paving Company For The Resurfacing Of Phase I Of Winter Springs Boulevard. With brief discussion, Commissioner Miller stated, "He will do the remainder of the work at the agreed upon price?" Mr. Kip Lockcuff, P.E., Director, Public WorkslUtility Department stated, "Correct, that's our intent. We will bring that back to you though." CONSENT 407. Office Of The City Clerk Requesting Approval Of The January 8, 2007 Regular City Commission Meeting Minutes. No discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUAR Y 22, 2007 PAGE 23 OF 33 CONSENT 408. Office Of The City Manager ADD-ON Requesting Authority From The City Commission To Enter Into An Emergency Contract With R.A. Rogers Construction Company To Construct Sidewalk Improvements In Front Of Building 3 In The Town Center In An Amount Not To Exceed $66,736.00. There was no discussion on this Agenda Item. "MOTION TO APPROVE CONSENT [AGENDA]." MAYOR BUSH STATED, "MOTION TO APPROVE CONSENT BY COMMISSIONER GILMORE. SECONDED BY COMMISSIONER MILLER." DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. INFORMATIONAL AGENDA INFORMATIONAL 500. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. Deputy Mayor McGinnis stated, "On Page 8, under (13), we keep referring to Villa Grande. It isn't that anymore. We need to change that." With further comments, Mayor Bush said, "You can take it off, put it back on and you've got something solid." Deputy Mayor McGinnis stated, "That's alright." Deputy Mayor McGinnis said, "On Page 10, under [a.k.a.] 'Villagio " it refers to September 16th. We approved the restaurant sign. 1 think we can now just say that 'Yen Yen' is open. Put in the name. We mention the flower shop, the bicycle shop, the liquor store, can't we add that?" Mr. Baker stated, "We had that the 'Yen Yen' had received their C of 0 (Certificate of Occupancy), but 1 thought it was pretty well acknowledged." Deputy Mayor McGinnis said, "It doesn't say 'Yen Yen'." Mr. Baker stated, "It used to." Mr. Baker added, "I can put it back if you want?" Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 22, 2007 PAGE 24 OF 33 Manager McLemore said, "Question about Villa Grande. I meet with them Thursday. Their intent at this point in time is to move ahead briskly, as quickly as possible. So, I don't see any need to take it off because it'll be coming back in front of you real soon." Deputy Mayor McGinnis noted, "Good - I agree." INFORMATIONAL 501. Public Works Department Providing The City Commission An Update Regarding Traffic Impacts From The Legacy Park Mixed-Use Project In Casselberry. No discussion. INFORMATIONAL 502. Utility Department Informing The City Commission On The Potable Water Usage For 2006. There was no discussion on this Agenda Item. INFORMATIONAL 503. Community Development Department - Urban Beautification Services Division Requested By The City Manager To Inform The City Commission Regarding Viable Turfgrasses For Use On Residential Property In The City Of Winter Springs. Deputy Mayor McGinnis said, "About three (3) years ago, I brought up that I thought it would be a good idea if we would encourage all Developers to utilize as much xeriscape as possible. I think we should do that." "MOTION TO APPROVE" [INFORMATIONAL AGENDA]." MOTION BY DEPUTY MAYOR McGINNIS. MAYOR BUSH REMARKED, "SECONDED BY COMMISSIONER GILMORE." DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR McGINNIS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 22, 2007 PAGE 25 OF 33 REPORTS REPORTS 600. Office Of The City Attorney - Anthony A. Garganese, Esquire Attorney Garganese stated, "I need to inform the Commission that Mr. Binford filed a Notice of Appeal in his sign case. Second, just a reminder that we have an Attorney-Client Session scheduled before the next regularly scheduled City Commission Meeting, regarding the Highlands Homeowner's Association case to discuss some loose ends." Next, Attorney Garganese commented, "Roy Mediation is scheduled for Wednesday. We had a pre-mediation meeting with the Roy's and their Traffic Consultant today to try to resolve it." Continuing, Attorney Garganese noted, "We had that first Agreement we called the 'Tear Down Occupancy Agreement'. That's something that I think is probably going to be prevalent in the community. There is a way to - streamline that and that would be to put an Ordinance on the books that would authorize the Manager to enter into those Agreements providing all of the Conditions are met in that Agreement that we put together. Is that something you want to pursue to try to streamline that, or do you want to see those Agreements on a case-by-case basis?" Mayor Bush stated, "Streamline it." Deputy Mayor McGinnis stated, "Yes." No objections were voiced. Attorney Garganese stated, "Okay. We'll work on that." REPORTS 601. Office Of The City Manager - Ronald W. McLemore Manager McLemore said, "Thank you for coming to the Seminar, it was obviously set up for you; and thank you for agreeing to let us share it again with the other communities." Then, Manager McLemore stated, "I have been working with Mr. Richart on an enhancement to the medians on [State Road] 434. Our intent is to put in - between seventy-five and a hundred (75-100) additional trees between the pedestrian overpass and intersection of [State Road] 419 and [State Road] 434. The intent there is to create more color than we have now. It's 1 think another step in the enhancement, and there will be enhancements above this. Just to let you know that you're going to see this stuff going in Thursday, unless you raise some kind of objection to this tonight. But, 1 think you will really like the result." Manager McLemore added, "The cost is probably nine to ten thousand dollars ($9-10,000.00), which would come from the Arbor Fund." CITY OF WINTER SPRINGS, FWRIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 22, 2007 PAGE 26 OF 33 REPORTS 602. Office Of The City Clerk - Andrea Lorenzo-Luaces, CMC No Report. REPORTS 603. Commission Seat Five - Joanne M. Krebs Commissioner Krebs was absent, however, City Clerk Andrea Lorenzo-Luaces read an email from Commissioner Krebs. Mayor Bush stated, "I think it is a good idea." Commissioner Brown stated, "I second Commissioner Krebs heading it up." Deputy Mayor McGinnis stated, "I third that." Mayor Bush noted, "Joanne [Krebs] is in charge, okay!" Commissioner Gilmore asked, "Last year there was a company or organization that handled serving food, plates." Commissioner Gilmore added, "Are we in conflict with them with any kind of an Agreement?" Deputy Mayor McGinnis inquired, "Are there Health Department regulations about anybody, just anybody doing that?" With further discussion, Commissioner Gilmore said, "Before we jump into this, we need to go to the people who are running it and make sure that they haven't made an Agreement. " Deputy Mayor McGinnis said, "Another issue that concerns me and that's the 'Liability issue'. There has to be some health concerns about this. Somebody can't just start selling, making food." Mayor Bush said, "This is Commissioner Krebs issue and we'll put her in charge of it. We've got to come up with a hundred dollars ($100.00) though if that's the - fee to get into this. 1 recommend the Commission say we take it out ofthe Manager's budget." "I MAKE A MOTION THAT WE TAKE - THE HUNDRED DOLLAR ($100.00) FEE OUT OF THE MANAGER'S BUDGET." MOTION BY COMMISSIONER GILMORE. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER BROWN." DISCUSSION. DEPUTY MAYOR McGINNIS SAID, "WE COULD ALSO EACH CONTRIBUTE." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 22, 2007 PAGE 27 OF 33 VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: NAY [BUT I WILL DONATE TWENTY DOLLARS ($20.00) TOWARDS THE HUNDRED [DOLLARS] ($100.00)] DEPUTY MAYOR McGINNIS: NAY COMMISSIONER BROWN: NAY [WITH THE SAME CRITERIA AS COMMISSIONER MILLER]. MOTION DID NOT CARRY. Mayor Bush said, "So, we will all kick in twenty - [dollars] ($20.00)." Mayor Bush added, "The Manager should kick in twenty - [dollars] ($20.00), and the Attorney. " REPORTS 604. Office Of The Mayor - John F. Bush Mayor Bush stated, "The Scottish Highland Games, 1 mentioned a little earlier this evening - I think were very successful. Anywhere from ten to fifteen thousand people. We don't have a number yet." Mayor Bush added, "I would encourage the Commissioners, next year, to get involved in this. It is a lot of fun." Then, Mayor Bush added, "You all got copies of letters from the Casa Park Villas Homeowner's Association concerning the people dropping and picking their kids up at school from Keeth [Elementary School]. I gave copies of these letters to the Superintendent, he is talking to the Principals about it. I contacted the Casa Park Villas - this Carol Perkins - I talked with her today and I also wrote her a letter. Told her what was going on. She was happy." Next, Mayor Bush stated, "Trotwood Park - on the issue of the noise and so forth. There was a gentleman who was at the Commission Meeting who blew the whistle. Called me the other day and he was tickled pink, because there was actually a Park Ranger out there and everything really went well. The next night the Park Ranger didn't show up and things went kind of south again. He called and wanted to know. I talked to the Manager about this and I think Chuck (Pula, Director, Parks and Recreation Department) is working at some kind of a plan to present to the Manager which of course, will eventually come back to the Commission." Regarding a letter concerning Elder Affairs, Mayor Bush stated, "Is Staff sending people to - any of these programs?" Manager McLemore stated, "We are going to send someone to that and that will be Randy [Stevenson], because he's the one working with Affordable Housing." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 22, 2007 PAGE 28 OF 33 Mayor Bush stated, "Andrea [Lorenzo-Luaces] - how many Homeowner's Association have officially responded to the letter that we sent out asking for their representative to be identified? I haven't really enforced it yet, because I don't know who has and who hasn't." Clerk Lorenzo-Luaces stated, "Not very many - I think around five (5) so far." Mayor Bush asked, "Could you let us know?" City Clerk Lorenzo-Luaces stated, "Sure." REPORTS 605. Commission Seat One - Robert S. Miller Commissioner Miller said, "Two (2) people have mentioned to me that the Veteran's Memorial is not depicted on this graphic we have out in the outer room." Then, Commissioner Miller spoke about the number of Banks in the area and stated, "I think it would be in our best interest to have - the Attorney look into this." Commissioner Miller explained, "I think it would be in our interests to protect the visual appearance of our City. If we could craft an Ordinance or some kind of a legislation wherein the Bank that is about to open its doors, or considering opening its doors, would be advised that there are these preconditions that, 'Should you decide to close this facility, it will not be able to be used for the following purposes' - maybe for used car lots..." Commissioner Miller added, "...Ifwe don't try to address it, I think we're going to be stuck." With further comments, Commissioner Miller remarked, "I would like to see the Attorney look into what other people have done also." Tape 4/Side A REPORTS 606. Commissioner Seat Two - Rick Brown Commissioner Brown mentioned a letter sent to Mr. Edward Martinez, Jr. and a response from Mr. Martinez, all related to Chamber of Commerce proceedings; to which Commissioner Brown stated, "I had a conversation with the City Attorney and just for the Public Record I would like to ask Anthony [Garganese] if you can provide an ethical statement to Mr. Martinez and some ruling by the City Commission or by the City Attorney that we consider the matter closed, and that the Public Record stands as accurate and final and has not been tampered with." Furthermore, Commissioner Brown noted, "We should have something on Record as a final response." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUAR Y 22, 2007 PAGE 29 OF 33 Next, Commissioner Brown remarked, "Can we investigate a way of getting on our Website any link to any information regarding either what the County is doing or the State is doing with Lake Jesup or any link to any sort of Friends of Lake Jesup sites so that we can keep the citizens informed of any information that is out there, or at least give them resources to go look at what is happening..." Manager McLemore stated, "...1 am pretty sure we can. . .." Commissioner Brown added, "... With the lake." Continuing, Commissioner Brown commented, "At the last Meeting as well, we talked about having a discussion on a modified start time for the Commission Meetings and three (3) or four (4) people came up to me - expecting it to be on this Agenda and it wasn't for discussion, so can we perhaps look at that, at the next one?" Mayor Bush remarked, "I would think that at this next Commission Meeting, we would ask the Manager to put this back on the Agenda - where we would start the Meetings at 5:15 p.m." Manager McLemore said, "As our discussion was, with the understanding that if somebody didn't show up that night, we were going to do it anyhow." Manager McLemore then explained, "We will put it on the next Agenda regardless of - what Commissioners are able to come or not." Mayor Bush stated, "Yes. Okay." Mayor Bush then suggested, "Also on this Agenda Item too, I would like for the Commission to consider changing - the sequence - for instance, we might want to keep Public Input at 6:30 [p.m.] since people are used to that, but we could start the Meeting out with maybe Consent or Informational." Furthermore, Mayor Bush noted, "We need to consider some alternatives to - cover that. We will talk about that when we bring that up next week." Commissioner Brown added, "That in concert with the radio broadcast for the internet availability." Mayor Bush mentioned that "George Colombo videotaped the State of the City [Address] and put it out on the Web, and he did it with a six hundred dollar ($600.00) camera." Mayor Bush added, "It is not good enough for SGTV (Seminole Government TV), but it is good enough for video streaming on the Web and that may be something we would want to consider doing." Commissioner Brown then said, "I have asked [Mr.] Rob Beach (Information Technology Director) over at Oviedo to meet with him and our meeting is going to be on Wednesday to look at what Oviedo has done with televising their Meetings." Continuing, Commissioner Brown asked, "In our last negotiations with Brighthouse (Networks], did we obtain that switch that was necessary?" Mayor Bush stated, "Yes we did." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 22,2007 PAGE 30 OF 33 Furthermore, Commissioner Brown remarked, "Rob (Beach) gave me a preliminary figure of their set-up of their Chamber, to be able to broadcast on the Internet and do that switch over to SGTV (Seminole Government TV) of thirty thousand dollars ($30,000.00)." Commissioner Brown suggested, "It would be worth looking at again, I think." Manager McLemore inquired, "Could he meet with us and Staff?" Commissioner Brown responded, "I am sure he would." "I MAKE A MOTION TO EXTEND." MOTION BY COMMISSIONER MILLER. SECONDED BY DEPUTY MAYOR McGINNIS. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER BROWN: NAY MOTION CARRIED. REPORTS 607. Commission Seat Three - Donald A. Gilmore Commissioner Gilmore mentioned a pamphlet he obtained that deals with how "To address your City Council." Continuing, Commissioner Gilmore stated, "I think we should have something here that defines the procedures, how much time they get and this is just a model." Furthermore, Commissioner Gilmore said, "I would like to get an indication from us as to whether we think we should have something like this." Commissioner Miller said, "Sure." Next, Commissioner Gilmore spoke of the meters discussed tonight along with previous discussions on condenser units, etc., and stated, "I think that the Building Department needs to get into this stuff." Commissioner Gilmore added, "I think we need to spend more time thinking about those things because we are getting more multi-tenant buildings." Commissioner Gilmore then mentioned that "We talked some months ago about a potential Ordinance requiring tear-downs of buildings or something done when they caught fire." Then, Commissioner Gilmore asked, "Were we not going to bring back something in an Ordinance, requiring certain actions to be taken over a period of time, when buildings have - caught fire or are in disrepair, so that we - don't have these things sitting around for two (2), three (3) years or something." Manager McLemore stated, "I think we could ask the City Attorney to address that." Attorney Garganese remarked, "I can get back to you on that." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 22, 2007 PAGE 31 OF 33 Commissioner Gilmore next spoke of the Roy case, to which Commissioner Gilmore stated, "As such, should not have any communication with them?" Attorney Garganese stated, "Absolutely." Commissioner Gilmore then remarked, "But the bottom line is we as Commissioners, should have no contact with people under litigation with us." Attorney Garganese noted, "I recommend that we speak with one voice when it comes to litigation. " Next, Commissioner Gilmore spoke on the City Manager's limit for approval of Purchase Orders, to which Manager McLemore stated, "We set it at twelve-five ($12,500.00) when I came here eleven (11) years ago, and it really should be updated." Manager McLemore added, "We've developed some information of what the norm is and the averages around here - we can give you at the next Commission Meeting." Mayor Bush then mentioned the cut-thru's at Bruster's and such related Bids, and noted, "What I would like to see the Commission do - at least - Ron [McLemore] can come back later, but to give him the authority to go ahead and move forward on the State Road 434 issue." Deputy Mayor McGinnis commented, "Absolutely." With discussion, Mr. Fields spoke on costs related to this project and said, "We can bring it back formally at the next Agenda or you could authorize a certain amount, not to exceed..." Manager McLemore suggested, "... Make it a hundred thousand [dollars] ($100,000.00). " Furthermore, Manager McLemore recommended, "You have the City Attorney review it. Ifhe's comfortable with it, you give me the authority and it's done." "I WOULD LIKE TO MAKE A MOTION THAT WE AUTHORIZE THE MANAGER TO CONTRACT UP TO A HUNDRED THOUSAND DOLLARS ($100,000.00) FOR MEDIAN REMOVAL ON [STATE ROAD] 434..." MANAGER McLEMORE NOTED, "...WITH REVIEW OF THE CITY ATTORNEY." COMMISSIONER GILMORE ADDED, "WITH REVIEW OF THE CITY ATTORNEY - THIS WOULD BE A PIGGYBACK BID." MOTION BY COMMISSIONER GILMORE. SECONDED BY DEPUTY MAYOR McGINNIS. DISCUSSION. Deputy Mayor McGinnis stated "Point of Order" and spoke of the pending Roll Call. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: NAY DEPUTY MAYOR McGINNIS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 22, 2007 PAGE 32 OF 33 REPORTS 608. Commission Seat Fourmeputy Mayor - Sally McGinnis Deputy Mayor McGinnis asked if the Podium in the Commission Chambers could be moved to other side of the dais. Next, Deputy Mayor McGinnis spoke on the Seminole Children's Village and mentioned an upcoming Golf Tournament being held to help with costs, to which Deputy Mayor McGinnis asked, "If you would like to sponsor a hole, it would be appreciated!" Deputy Mayor McGinnis then spoke about a Tuscawilla Homeowner's Association Policy on not speaking before the City Commission. Brief comments were made on Binford Appeals. Deputy Mayor McGinnis then commented positively on last week's "New Urbanism [Special Focus: Developing a Town Center Today" Seminar and remarked about the video that was done - "We should market this." Then, Deputy Mayor McGinnis mentioned with our new Commissioner, "It might be a good idea, it would be prudent for us to reaffirm our commitment to maintain the Winter Springs Golf Course as a Golf Course - reaffirm our commitment to keep the control of the Conservation Easement rights." With discussion, Mayor Bush summarized the discussion, "A Resolution." With comments on the Comprehensive Plan, Attorney Garganese noted, "It is already in the Comprehensive Plan. What else needs to be put in the Comprehensive Plan, other than Open Space Recreation." .:. .:. AGENDA NOTE: THE FOLLOWING ADDITIONAL REPORT WAS DISCUSSED NEXT, AS DOCUMENTED. .:..:. REPORTS REPORTS 607. Commission Seat Three - Donald A. Gilmore Commissioner Gilmore commented on the City'S Operator. Brief discussion. ADJOURNMENT Mayor Bush adjourned the Regular Meeting at 11: 15 p.m. RESPECTFULLY SUBMITTED: DE 8IE FRANKLIN, DEPUTY CITY CLERK AND APPRQ'lED:- 'f:~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 22, 2007 PAGE 33 OF 33 NOTE: These Minutes were approved at the February 12,2007 Regular City Commission Meeting.