Loading...
HomeMy WebLinkAbout_2004 08 09 City Commission Regular Minutes CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING AUGUST 9, 2004 CALL TO ORDER The Regular Meeting of Monday, August 9, 2004 of the City Commission was called to order by Mayor John F. Bush at 6:30 p.m. in the Commission Chambers ofthe Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). ROLL CALL: Mayor John F. Bush, present Deputy Mayor Robert S. Miller, present Commissioner Michael S. Blake, arrived at 6:31 p.m. Commissioner Donald A. Gilmore, present Commissioner Sally McGinnis, absent Commissioner David W. McLeod, present City Manager Ronald W. McLemore, arrived at 6:31 p.m. City Attorney Anthony A. Garganese, arrived at 6:31 p.m. A moment of silence was held, followed by the Pledge of Allegiance. Commissioner Michael S. Blake arrived at 6:31 p.m. City Manager Ronald W McLemore arrived at 6:31 p.m. City Attorney Anthony A. Garganese arrived at 6:31 p.m. Under "Agenda Changes", Manager McLemore asked the City Commission to "Delete [Regular Agenda Items] '501' and 'S02' from tonight's Agenda." Mayor Bush recognized Mayor Butch Bundy with the City of Longwood. PUBLIC INPUT Mr. Medford McCoy, 114 Brookshire Court, Winter Springs, Florida: spoke on the park in Winding Hollow and noted that the slide for small children has had yellow tape around it for more than a month and problems with a fence at Trotwood Park. Mr. McCoy also commented on not being able to pay for utility bills via an "'ACH' or a 'Draft' on my account. " CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 9, 2004 PAGE 2 OF 23 Mr. Chuck Pula, Parks and Recreation Department Director addressed the action underway on the noted park repairs. Manager McLemore stated, "The 'ACH' service that he is talking about, we are looking at it and hopefully I can come back at the next Commission Meeting and tell you the status ofthat." AWARDS AND PRESENTATIONS None. CONSENT AGENDA CONSENT 200. Public Works Department Requesting City Commission Approval To Enter Into A Contract For The Construction Of A Left Turn Lane On S.R. (State Road) 419 At Moss Road. No discussion. CONSENT 201. Public Works Department Requesting Authorization To Enter Into A Joint Participation Agreement Between The Florida Department Of Transportation And The City Of Winter Springs For The Moss Road Turn Lane On S.R. (State Road) 419. There was discussion on this Agenda Item. CONSENT 202. Finance Department Requesting The City Commission Adopt Resolution 2004-31, Relating To The Tuscawilla Lighting And Beautification Assessment Area. Brief discussion. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 9, 2004 . PAGE30F23 CONSENT 203. Police Department Requesting The Commission To Give Approval For The City Manager And Police Chief To Renew The Annual School Resource Officers Interagency Agreement Between The City Of Winter Springs And Seminole County School Board. Brief discussion. CONSENT 204. Utility Department Requesting Authorization To Enter Into An Interlocal Agreement With The Cities Of Seminole County And Seminole County For County Wide Water Supply Planning. This Agenda Item was not discussed. CONSENT 205. Recreation Department Requesting Authorization To Piggyback Off The Orange County Contract Number 02-03-11VH For A John Deere Progator 2030 Diesel Utility Vehicle. No discussion. CONSENT 206. Information Services Department Requests Commission Authorization To Pay Munis Annual Software Support Agreement And License Agreement For Munis Software In The Amount Of $34,860.00. There was discussion on this Agenda Item. CONSENT 207. Office Of The City Clerk Approval Of The July 26, 2004 City Commission Regular Meeting Minutes. This Agenda Item was not discussed. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 9, 2004 PAGE 4 OF 23 CONSENT 208. Office Of The Mayor Resolution 2004-32 - A Resolution Of The City Of Winter Springs, Florida, Expressing Appreciation To Mervin Warner For His Service On The Code Enforcement Board. No discussion. CONSENT 209. Office Of The Mayor Resolution 2004-33 - A Resolution Of The City Of Winter Springs, Florida, Expressing Appreciation To Linda Tillis For Her Service On The Tuscawilla Lighting And Beautification District Advisory Committee. There was discussion on this Agenda Item. "MOTION TO APPROVE" [CONSENT AGENDA). MOTION BY DEPUTY MAYOR MILLER. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: DEPUTY MAYOR MILLER: AYE COMMISSIONER BLAKE: AYE COMMMISSIONER GILMORE: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. INFORMATIONAL AGENDA IN FORMA T10NAL 300. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. Mr. John Baker, AICP, Senior Planner, Community Development Department addressed the City Commission. Deputy Mayor Robert S. Miller stated, "On the Item which shows - on the second page- 'Medallions Convenience Store', I noticed there that there is a provision for 'Car wash' - where has that discussion gone?" CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 9, 2004 PAGE 5 OF 23 With discussion, Commissioner Blake noted that "This specific parcel - the car wash was specifically not allowed on this parcel, the first time it came through if you will recall because of the noise impact that it would have on the residences just over the fence. So, there was never an approval, in fact there is a specific agreement that there would not be a car wash at this location, when we first reviewed it, the first time - this is before even there was this Vested - Rights question on the gas pump use, prior to the separation requirement being put into place by the Ordinance on the gas stations." Furthermore, Commissioner Blake said, "If Anthony [Garganese] - along with Ron [McLemore] maybe look back at the history on this and determine exactly what the agreement was at that point in time, but I don't see car wash on that parcel." Manager McLemore said, "I think we can advise them." Commissioner David W. McLeod spoke of the noise and lighting issues and stated, "I think it would be really proper for the Commission or at least the City Manager to say - that wasn't approved before..." Manager McLemore responded, "...We will." Commissioner McLeod added, "...It is not going to be approved now." Additionally, Commissioner McLeod suggested, "The car wash was before us before - the car wash is gone. When they went to put the gas station, it had already gone, and now he has lost the gas station, so the only thing he has really got that I see coming forward is convenience store - and I think it should be expressed to the individual, so they don't spend a lot of money." Mr. Baker stated, "We'll do it." INFORMATIONAL 301. Not Used. INFORMATIONAL 302. Community Development Department - Planning Division Wishes To Provide The Commission With Details Regarding The Enclaves Within The City. Ms. Eloise Sahlstrom, AICP, ASLA, Senior Planner, Community Development Department and Attorney Garganese addressed the issue of Enclaves. Mayor Bush asked the City Commission, "What is the Commission's feeling?" Commissioner Blake said, "I strongly believe we need to move forward on this, but - in light of some of the other issues associated with this question that are in the forefront right now, I think it is probably best if we look at all of the different angles of the Enclaves issue/Annexation legislation that has failed the last - two years in the Legislature and see what our best approach might be, I don't know that we should give direction at this point in time. I don't know if we have focused enough on some of the finer points. This might be an ideal opportunity to have a Workshop on this issue." Mayor Bush stated, "Everybody else in agreement with Commissioner Blake?" Deputy Mayor Miller noted, "Yes." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 9, 2004 PAGE 6 OF 23 INFORMATIONAL 303. Information Services Department Wishes To Update The Commission On The Status Of The I.T. (Information Technology) Plan Created In FY (Fiscal Year) 2002. No discussion. "MOTION TO APPROVE THE INFORMATIONAL AGENDA." MOTION BY DEPUTY MAYOR MILLER. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE DEPUTYMAYORMILLER: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE FOLLOWING ADD-ON AGENDA ITEM WAS DISCUSSED NEXT, AS DOCUMENTED. .:..:. ADD-ON Office Of The City Attorney Discussion Of Resolution 2004-34. Mayor Bush noted, "This is not on the Agenda, but is something that needs to be addressed at this time. It is a Resolution concerning the annexation issue we have going on with county right now." Attorney Garganese reviewed Resolution 2004-34 and stated, "This Resolution would - officially put the City of Winter Springs on record in writing opposing the proposed Seminole County Charter Amendment to preempt Municipal Home Rule authority on lands that they designate rural." Discussion. "MOTION THAT WE APPROVE AND ADOPT RESOLUTION 2004-34." MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR MILLER. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 9, 2004 PAGE 7 OF 23 VOTE: COMMISSIONER GILMORE: AYE DEPUTYMAYORMILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: NAY MOTION CARRIED. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 400. Finance Department Requesting The City Commission Consider The Adoption Of Resolution 2004-30, Relating To The Oak Forest Wall And Beautification Assessment Area. Ms. Michelle Greco, Director, Finance Department spoke on this and presented her introductory comments. Tape I/Side B Discussion. Mr. Steven Richart, Urban Beautification Coordinator, Public Works Department also spoke on this issue. Mayor Bush opened the "Public Input" portion of the Agenda Item. Mr. Roger Byrd, 635 Cheoy Lee Circle, Winter Springs, Florida: noted a letter he just submitted to the City Commission and spoke against the project and suggested that Oak Trees be planted in lieu of Holly trees. Mr. Dax Unterreiner, 1166 Baltic Lane, Winter Springs, Florida: mentioned he was opposed to the proposed Oak Forest related Resolution. Ms. Reba Reznick, 945 March Hare Court, Winter Springs, Florida: noted some unkempt properties in Oak Forest, and mentioned that she was opposed to the proposed increase. Mr. Richard Knipp, 985 Papaya Lane, Winter Springs, Florida: remarked that he was against the proposed increase and submitted a letter for the record. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 9, 2004 PAGE 8 OF 23 Mr. Warren McFarland, 950 March Hare Court, Winter Springs, Florida: noted he originally supported the Oak Forest Wall and now is against the proposed increase. Mr. David Mander, 1102 Searfarer Lane, Winter Springs, Florida: did not think the proposed improvements were necessary and noted he was against the project. Ms. Joanne Krebs, 1002 Taproot Drive, Winter Springs, Florida: suggested more information be provided to residents and suggested this issue go to a vote. Ms, Sharon Tackaberry, 634 Cheoy Lee Circle, Winter Springs, Florida: mentioned she was pleased with what the Oak Forest Wall has done for the Community and noted that she also was in agreement with having a vote by the homeowners. Mr. Terry Patten, 845 Benchwood Court, Winter Springs, Florida: as the Chair of the Oak Forest Wall and Beautification District Advisory Committee, Mr. Patten spoke on the $80,000.00 and the overall Wall and related costs. Mayor Bush closed the "Public Input" portion of the Agenda Item. Much discussion. With discussion on possible costs to have a vote of the Oak Forest homeowner's, Commissioner Blake stated, "I would like to see us go forward with - and as soon as . possible - I don't know why we couldn't have it out in the next day or two.. ." Manager McLemore stated, "... V ery possible..." Commissioner Blake continued, "...A straw ballot which is non-binding that will allow each of the property owners that are on record at the Tax Assessors office to - indicate to us their interest, either 'Yes' or 'No' that I would prefer this type of an increase for that - additional benefit." Further discussion. Tape 2/Side A Discussion. "I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE RESOLUTION 2004-30." MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 9,2004 PAGE 9 OF 23 VOTE: COMMISSIONER BLAKE: NAY DEPUTY MAYOR MILLER: NAY COMMISSIONER GILMORE: AYE COMMISSIONER McLEOD: AYE MAYORBUSH: NAY MOTION DID NOT CARRY. "I WOULD LIKE TO MAKE A MOTION THAT WE DIRECT CITY STAFF TO PUT TOGETHER AS QUICKLY AS POSSIBILE A STRAW BALLOT ALONG WITH THE QUESTION AND ANSWER SHEET - INFORMATIONAL SHEET THAT HAS PREVIOUSLY BEEN - PREPARED - AND SEND THOSE BY REGULAR MAIL WITH INSTRUCTIONS THAT - FIRST OFF THAT IT IS A STRAW BALLOT; IT IS AN INDICATION OF POSITION OR INTEREST ONLY, IT IS NON BINDING - AND THAT IT MUST BE RECEIVED BACK AT CITY HALL EITHER BY MAIL OR U.S. [UNITED STATES] DELIVERY AND THAT IS RECEIVED NOT MAILED, NOT LATER THAN - SEPTEMBER 8, 2004." MOTION BY COMMISSIONER BLAKE. COMMISSIONER BLAKE ADDED, "AND THE VOTES WILL BE NOT WEIGHTED BY ERU'S BUT WEIGHTED BY PARCEL - SO THAT IS ONE VOTE PER PARCEL." SECONDED BY DEPUTY MAYOR MILLER. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE DEPUTY MAYOR MILLER: AYE MOTION CARRIED. PUBLIC HEARINGS 401. Community Development Department Presents To The City Commission A Request For A Conditional Use To Allow Multiple Family Dwellings In The C-1 (Neighborhood Commercial) Zoning District, Pursuant To Section 20-234. Of The Zoning Chapter Of The City Code Of Ordinances. "I WOULD LIKE TO MAKE A MOTION WE REMOVE PUBLIC HEARINGS ITEM '401' WHICH IS THE - CONSIDERATION OF CONDITIONAL USE PERMIT FOR THE PROPERTY AT [STATE ROAD] 434 AND SHEOAH, GENERALLY WEST OF SHEOAH AND [STATE ROAD] 434." MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR MILLER. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 9, 2004 PAGE 10 OF 23 VOTE: COMMISSIONER GILMORE: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. Mr. Baker addressed the City Commission on this Agenda Item. Discussion. Commissioner Donald A. Gilmore noted his concern with the density and added, "When we say the density of housing, I think we need to put it down as the density in developable land, not in gross acreage of which any number of acres could be wetlands, it's non-developable." Mayor Bush opened the "Public Input" portion of the Agenda Item. Ms. Helga Schwarz, 720 Galloway Court, Winter Springs, Florida: speaking on behalf of the Highland's Homeowner's Association, noted the concerns of the Highland's Homeowner's Association. Mr. Jesse Graham, Esquire, Graham Builder Jones Pratt & Marks, LLP, 369 North New York Avenue, Winter Park, Florida: spoke on behalf of Morrison Homes and asked for approval. Mr. Javier E. Omana, Vice President of Land Planning Operations, CPH Engineers, Inc., 1117 East Robinson Street, Orlando, Florida: addressed the City Commission and stated "We just presented to the City Attorney a letter of opinion from our surveyors indicating that this particular piece of property - it is not part of the Highlands." Attorney Garganese confirmed that "That is what the letter says - Tinklepaugh Surveying - it is not part of the Declarations of Covenants, Conditions and Restrictions of the Highlands. " Mr. Richard Grogan, 1 North Fairfax Avenue, Winter Springs, Florida: spoke in favor of this proposed project and was in favor of home ownership over apartment buildings and suggested that a mandatory Homeowner's Association be considered. Mayor Bush closed the "Public Input" portion of the Agenda Item. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 9, 2004 PAGE II OF23 Mr. Oman a stated, "As far as parking is concerned, the front elevation of each unit will have twenty-five fee (25') of parking - each unit will have a minimum of twenty-five feet (25') of parking - driving aisle or parking aisle in front of each unit. As far as parking is concerned, we will have, depending on the number of bedrooms within the unit itself, a minimum of two (2) parking garages. So, let's say - a typical unit we have - two (2) bedrooms, we will have a two (2) car garage and two (2) parking spaces in front to park. So, each unit would have four (4) units allotted for itself. And additionally, we have gone ahead and modified the site plan to include a parking area in front of the pool area itself; and we have added some overflow parking within the private roadway system - so the issue of overflow parking we believe is better handled in this particular iteration of the site plan." Furthermore, Mr. Omana noted, "We have increased the actual building setbacks from the property line along [S.tate Road] 434 to forty feet (40') and within that forty feet (40') we have a fifteen foot (15') landscape easement which will include - as you can see here, this is a typical section of our buffer itself. Weare proposing a berm, a masonry wall with the introduction of canopy and sub-canopy trees that will enhance that buffer itself, so it will dress up the driving experience. And, we have also created - architectural elevation here depicting what this would look like - we have the buildings in the back and then the - masonry wall, plus the landscape architectural elements." Additionally, Mr. Omana said, "It will be a Homeowner's Association - fee simple." "MOTION TO APPROVE THE ITEM." MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR MILLER. DISCUSSION. MANAGER McLEMORE THEN ASKED MR. OMANA, "HOW MANY UNITS ARE THERE?" MR. OMANA RESPONDED, "94 UNITS." MANAGER McLEMORE THEN INQUIRED, "AND WHAT WOULD BE THE AVERAGE PRICE OF THESE UNITS?" MR. OMANA STATED, "I BELIEVE THEY'RE ONE EIGHTY PLUS ($180,000.00+)." ATTORNEY GARGANESE ADDED, "AT A PREVIOUS HEARING WHERE I RECOMMENDED IN THIS TYPE OF SITUATION, TO ACTUALLY SET THE MAXIMUM DENSITY OF THIS PROJECT BECAUSE YOU ARE GRANTING A CONDITIONAL USE OR SPECIAL EXCEPTION WHERE YOU HAVE JUST THE GENERAL MAXIMUM DENSITY. WHAT IS BEING PROPOSED IS THE 6.27 DWELLING UNITS PER ACRE AND I HAD RECOMMENDED THAT PERHAPS YOU MAKE THAT A CONDITION OF APPROVAL SO IT IS EXPRESSLY STATED." ATTORNEY GARGANESE ADDED, "THAT IT BE A DEED RESTRICTED COMMUNITY WHICH I THINK ARE REASONABLE CONDITIONS FOR GRANTING A CONDITIONAL USE FOR MULTI-FAMILY DWELLINGS IN A 'C-l' ZONING DISTRICT." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 9, 2004 PAGE 12 OF 23 MR. OMANA NOTED, "AS PART OF OUR MITIGATION, WE ARE PROPOSING AND WE ARE PERMITTING THROUGH THE AGENCIES IS TO GO IN THERE AND DO SOME SELECTIVE CLEANING AND - ELIMINATION OF EXOTICS THAT ARE IN THE WETLANDS ITSEL VES." FURTHERMORE, MR. OMANA SAID THAT "THE MAIN CANOPY OF THOSE WETLANDS WILL STAY THERE." ATTORNEY GARGANESE NOTED, "THEY ARE GOING TO BE INDIVIDUALLY OWNED UNITS, IT IS NOT GOING TO BE AN APARTMENT COMPLEX." "I WOULD LIKE TO MAKE A SUBSTITUTE MOTION TO APPROVE THE CONDITIONAL USE PERMIT REQUEST - SUBJECT TO THE CONDITIONS RESTATED BY THE ATTORNEY" FOR PUBLIC HEARINGS AGENDA ITEM '401'. SUBSTITUTE MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE DEPUTYMAYORMILLER: AYE COMMISSIONER GILMORE: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. PUBLIC HEARINGS 402. Office Of The City Attorney Requests That The City Commission Pass On First Reading Ordinance 2004-37 Which Shall Amend Chapter 2, Article IV, Of The City Code, Creating A New Section 2-96., Exempting The City From The Newly-Enacted Early Voting Requirements Of Florida Statutes. Mayor Bush said, "Can we have a Motion to read by 'Title' only?" "SO MOVED." MOTION BY DEPUTY MAYOR MILLER. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: DEPUTYMAYORMILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER GILMORE: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 9,2004 PAGE 13 OF 23 Attorney Garganese read Ordinance 2004-37 by "Title" only. 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. "I MAKE A MOTION WE APPROVE ITEM '402' - AND MOVE TO A SECOND READING." MOTION BY DEPUTY MAYOR MILLER. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE DEPUTYMAYORMILLER: AYE COMMISSIONER BLAKE: AYE COMMMISSIONER GILMORE: AYE MOTION CARRIED. PUBLIC HEARINGS 403. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For Second Reading And Adoption Of Ordinance 2004-32, Which Rezones Thirty-One (31) Parcels Generally Located Along SR (State Road) 419 And Old Sanford Oviedo Road From "C-2" To "1-1 ". Attorney Garganese read Ordinance 2004-32 by "Title" only. 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. "I WOULD LIKE TO MAKE A MOTION THAT WE ADOPT ORDINANCE 2004-32." MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR MILLER. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 9, 2004 PAGE 14 OF 23 VOTE: COMMISSIONER GILMORE: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 500. Public Works Department Requested Information On The History And Future Progression Of The City's Holiday Decoration Program. Mr. Alan Hill, Superintendent, Public Works Department gave a.presentation to the City Commission on this topic. Tape 2/Side B Discussion. Mayor Bush said, "I would like to see the Tree Lighting be held at the Town Center." Further discussion ensued with Mr. Hill and Mr. Pula. Deputy Mayor Miller suggested, "It might be better to put the tree in after Christmas when it is the proper planting time." Commissioner Blake suggested, "Plant a tree there now, and we will make do with something." Mayor Bush summarized, "Two recommendations - one is to not plant a tree for this season, but do it for the following season; and then Commissioner Blake says plant it now." Further discussion. "MY MOTION WOULD BE JUST - WHAT COMMISSIONER MILLER .sAID AND THAT IS TO PLANT A LIVE TREE AS SOON AS POSSIBLE SO IT WILL . GROW TO BE AS LARGE AS WINTER PARK'S OR BIGGER, AND IN THE INTERIM, GET A LARGE LIVE-CUT TREE FROM THE HILLS OF SNOWY NORTH CAROLINA AND HAVE IT TRUCKED DOWN HERE AND INSTALLED AND DECORATED." MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR MILLER "WITH THE PROVISO THAT IT DOESN'T HAVE TO BE FROM NORTH CAROLINA." DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 9, 2004 PAGE 15 OF 23 VOTE: COMMISSIONER GILMORE: AYE DEPUTYMAYORMILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. Mayor Bush mentioned that "The Commission consider encouraging the BOWS [Beautification of Winter Springs Board] to continue to make recommendations to improve the decorations over time - and let's encourage them to do that and also to get it in so they can get into the Budget Hearings." Deputy Mayor Miller added, "I support that concept. " Mayor Bush called a Recess at 9:03 p.m. Mayor Bush called the Meeting back to order at 9:21 p.m. REGULAR 501. Community Development Department - Arborist Recommends The City Commission Approve The Developer's Agreement Prepared By The City Attorney To Allow A Winter Springs Builder, Jorge Espinosa, To Remove 4 (Four) Specimen Trees, On A Building Lot For Construction Of A Single Family Residence. As noted at the beginning of the Meeting, this Agenda Item was pulled. REGULAR 502. Community Development Department - Arborist Recommends The City Commission Approve The Developer's Agreement Prepared By The City Attorney To Allow A Winter Springs Builder, Jorge Espinosa, To Remove 3 (Three)-8pecimen Trees, On A Building Lot For Construction Of A Single Family Residence. Also as noted at the beginning of the Meeting, this Agenda Item was pulled. REGULAR 503. Not Used. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 9,2004 PAGE 16 OF 23 REGULAR 504. Public Works Department Requesting Authorization For A Change Order To Jones Brothers Contract With Seminole County For Trail Bridge Lighting And Fence Upgrades. Mr. Kip Lockcuff, P.E., Public WorkslUtility Department Director introduced this Agenda Item and then asked the City Commission if they wanted to consider these issues separately or combined. Mayor Bush summarized, "Put them together." Discussion. "MOVE FOR APPROVAL." MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR MILLER. DISCUSSION. With discussion, Commissioner Gilmore stated that regarding Bollards, "In places where there is lots of traffic, especially kids, they are very vulnerable to baseball bats." Commissioner Gilmore added, "Don't stop what you are doing, but look at alternate lighting. " Mr. David Martin, Seminole County Engineering, Sanford, Florida: briefly addressed the City Commission. Commissioner McLeod suggested that Manager McLemore considering painting the bottom of the bridge sky blue. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR MILLER: AYE MOTION CARRIED. . REGULAR 505. Community Development Department Requests The Commission Consider A Conceptual Development Plan For A 436 Unit Town-House Development On 40 (Forty) Acres In The Town Center, Located On The East Side Of Tuskawilla Road, South Of St. Johns Landing, And Adjacent To The Cross-Seminole Trail. Manager McLemore introduced this Agenda Item. Discussion ensued with Mr. Baker. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 9, 2004 PAGE 17 OF 23 Mr. Dan Roberts, Vice President Land Operations, Engle Homes, 775 South Kirkman Road, Suite 117, Orlando, Florida: spoke to the City Commission. Discussion. Mr. John Rhinehart, Glatting, Jackson, Kercher, Anglin, Lopez, Rinehart, Inc., 33 East Pine Street, Orlando, Florida: addressed the City Commission. Tape 3/Side A Discussion. Commissioner McLeod said, "The other thing that I would like to point out too, Mr. McLemore, the gentleman continues to say - 'We might do.' 'We might do.' Does that mean you might not do or you are going to do less?" Commissioner McLeod pointed out, "One of the most recent was - 'The walk paths might be gravel'. Might they also be grass?" Mr. Rhinehart responded, "They would not be grass. They would either be a paved surface or gravel." Discussion. Mr. Grant T. Dowling, Esquire, Godbold, Downing, Shehan & Bill, 222 West Comstock Avenue, Winter Park, Florida: as Legal Counsel for Engle Homes, Mr. Dowling addressed the City Commission. Regarding street' A,' Mr. Dowling stated, "It runs basically the same direction as Spine Road, but the same circumference through the property. It was our understanding or at least you expressed a willingness again, or it would be your preference that we go ahead and build that road and be reimbursed by the City, dollar for dollar, for actual hard construction costs, I guess based on the finished sales tax." Mr. Dowling added, "We agreed to that." Next, Mr. Dowling remarked that as to a "Lift Station and some sewer lines - because of some concerns that you have or some issues you have for future development. We agreed that we would oversize those lines, and be reimbursed per rata based on over sizing the lines. We have no problem with that." Furthermore, Mr. Dowling added, "We also represented to you in there that when we recorded the final plat, that all of those parks would be dedicated to the City as required in the terms of the Developer's Agreement which we have no problem with." As to the quantity of units, Mr. Dowling stated, "The last conceptual plan that I saw was four hundred and four (404) - three (3) story units." Deputy Mayor Miller noted, "I would like to see more on what these buildings are actually going to look like." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 9,2004 PAGE 18 OF 23 Mr. Dowling said, "I can assure you before we come before you with the Final Plan for final approval, we will have Architecturals, we will have Floor Plans, we will even have price points - at that time." Furthermore, Mr. Dowling stated, "I think it's fair to represent - the Developer to the extent there are any trees, Specimen Trees, anything that can be saved that keeps us from having to go out and buy them and replant - we are certainly for that." Mr. Roberts pointed out, "Our estimated square footage size will range from approximately eighteen hundred (1,800) to twenty-eight hundred square feet (2,800). We anticipate the average sale price of these units to be somewhere in the neighborhood of two hundred and fifty thousand dollars ($250,000.00)." Deputy Mayor Miller asked, "If there is some way to make the lakes not straight lines?" Mr. Roberts stated, "Those are actually a meandering lake - it will be a curved line." Additionally, Mr. Roberts stated, "We are trying to maximize the amount of green space - between the water ands buildings." Mr. Roberts stated, "Spine Road has seven (7) interconnections at this point so there is seven (7) places where you either turn into a street or into an alley, so it is not going to be the long roads that - were originally addressed by Dover Kohl [& Patners]." Discussion. Tape 3/Side B With further discussion, Mr. Roberts noted, "Weare raising the site - the buildings have to be one to two feet (1 to 2') above the curb of the street because of the architectural style, so that site will be raised probably an average of two feet (2')." Manager McLemore said to Mr. Roberts, "Aren't we able to preserve the four-to-one (4- 1) slope?" Mr. Roberts responded, "Oh yes." Furthermore, Mr. Roberts added, "We will provide the City Engineering Department all of our geotechnical calculations and they have all the water tables, We have done all of our borings out there. We know exactly where the water table is, at least over the last several months, and we have a history on where the water table has been over the years." With further discussion, Mr. Roberts said "Our - two (2) ponds will be controlled a lot by the elevation of Lake J esup - our ponds are going to have essentially no impact on the elevation of Lake Jesup whatsoever." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 9, 2004 PAGE 19 OF 23 Manager McLemore noted, "I would hope they articulate - all the issues that need to be incorporated into the next level which is architectural variations; additional street intersections that shorten the blocks; neighborhood parks scattered around; intensive treed street development and additional traffic calming - in the streets." Mayor Bush said, "Mr. Roberts, have you seen this?" Mr. Roberts responded, "Yes." Mayor Bush added, "Are you in agreement?" Mr. Roberts replied, "Absolutely." Next, Deputy Mayor Miller said, "I would like to see some more reassurance that you and I - our concepts, our visions are pretty much the same." With further discussion, Deputy Mayor Miller remarked, "I would like to see some more information." Mr. Roberts noted, "What you see today is going to be somewhat similar to what you are going to see in the final - in terms of number of units; density. You are going to see a high density of buildings; lots of concrete; lots of curbing; lots of sidewalks - I can give you a detailed Landscape Plan." Discussion. "I WILL MAKE THE MOTION IN FACT, THAT WE NEED TO EXTEND THE MEETING FOR AN HOUR." MOTION BY COMMISSIONER McLEOD. SECONDED BY DEPUTY MAYOR MILLER. DISCUSSION. VOTE: COMMISSIONER BLAKE: NAY DEPUTY MAYOR MILLER: AYE COMMISSIONER GILMORE: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. Discussion ensued on which version this Plan was. Deputy Mayor Miller then noted, "The water features kind of leave me cold the way they - there is nothing unusual about what you have done here. It is a nice project - I agree, but it is, like a lot of other projects that I think most of us have seen. I think that is something you should think about." "I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE THE CONCEPTUAL DEVELOPMENT PLAN - FOR ITEM '505' FOR FOUR HUNDRED THIRTY-SIX (436) UNITS, USING - DRAWING DATED 8/9 [/2004], SHEET 1 OF 1, THAT WAS PRESENTED TO US AS THE LAYOUT AND ALSO TO INCLUDE IN - MR. McLEMORE'S MEMORANDUM, TO CONTINUE TO MOVE FORWARD WITH DISCUSSION WITH THE DEVELOPER TO TRY TO CONTINUE TO BRING THE HIGHEST QUALITY OF THIS DEVELOPMENT FORWARD." MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 9, 2004 PAGE 20 OF 23 VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER GILMORE: AYE DEPUTYMAYORMILLER: AYE MOTION CARRIED. Commissioner McLeod noted, "Mr. McLemore mentioned to try to save some of the mature trees, move them around on the property. Apparently you - are agreeing with that and you are going to get with City Arborist to take a look at some of those to try to bring them into some of the park areas and also the main streets." Commissioner McLeod clarified that his motion was "Not to exceed" 436. Attorney Garganese spoke for the record about this being a preliminary conceptual review. REGULAR 506. Arbor Division Wishes To Provide The Commission With The Results Of The Tree Evaluation That Was Recently Conducted By An Independent Consultant Pursuant To An Increase In Tree Deaths Within The City. "MOVE FOR APPROVAL." MOTION BY COMMISSIONER BLAKE. SECONDED BY SECONDED BY COMMISSIONER McLEOD. DISCUSSION. MR. MICHAEL MINGEA, ARBORIST/ENVIRONMENTAL INSPECTOR, COMMUNITY DEVELOPMENT DEPARTMENT PRESENTED INFORMATION TO THE CITY COMMISSION. DISCUSSION. MAYOR BUSH SAID, "BRING THIS BACK TO THE COMMISSION AT ANOTHER TIME WITH SOME OF THE OTHER THINGS WE JUST MENTIONED - WE WILL MOVE IT UP FURTHER IN THE AGENDA SO IT GIVES A LITTLE MORE ATTENTION." VOTE: COMMISSIONER GILMORE: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 9, 2004 PAGE 21 OF 23 REPORTS REPORTS 600. Office Of The City Attorney - Anthony A. Garganese, Esquire No Report. REPORTS 601. Office Of The City Manager - Ronald W. McLemore No Report. REPORTS 602. Office Of The City Clerk - Andrea Lorenzo-Luaces City Clerk Andrea Lorenzo-Luaces mentioned the upcoming Advisory Board and Committee Appreciation Dinner is this Saturday evening. REPORTS 603. Commission Seat One/Deputy Mayor - Robert S. Miller DEPUTY MAYOR MILLER STATED, "LINDA COLLINS - SHE LIVES AT 222 SHORE ROAD - I WOULD LIKE TO NOMINATE HER TO THE BOARD OF ADJUSTMENT." MOTION BY DEPUTY MAYOR MILLER. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. Tape 4/Side A VOTE: COMMISSIONER McLEOI,): AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. REPORTS 604. Commission Seat Two - Michael S. Blake Commissioner Blake mentioned a flooding problem at Vistawilla and Seneca Boulevard, especially near the northeast corner. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 9, 2004 PAGE 22 OF 23 Commissioner Blake noted, "It looks like it is coming down from the Trail right behind those three (3) houses that are actually on Vistawilla, but it is all the way wrapped around the comer, in fact, that house on the corner, may be floating right now." Mr. Lockcuff noted, "Okay." Secondly, Commissioner Blake referenced Resolution 2003-06 and spoke of his concern witl1 the extra burden placed on the City Clerk's Office in relation to when Agenda Packets were ready for the City Commission. Commissioner Blake added, "I think this needs to be enforced." With further comments, Commissioner Blake said, "I think they ought to have everything to the Clerk's Department by five o'clock Tuesday, to give them the time they need to do their job." Deputy Mayor Miller added, "I will second that." Furthermore, Commissioner Blake said, "When I come in 6:30 or seven o'clock on a Wednesday evening to pick up some stuff and it is not ready, and the Clerk's Office has a couple of people there doing - the work that they have to do because people did not get the Agenda Items to them until even after five o'clock. That's not fair. That is pushing somebody's delinquency on to somebody else and creating a different department a headache where they have to work overtime, late while everybody else is home enjoying their evening. That's just not fair." REPORTS 605. Commission Seat Three - Donald A. Gilmore No Report. REPORTS 606. Commission Seat Four - Sally McGinnis Absent. REPORTS 607. Commission Seat Five - David W. McLeod Commissioner McLeod stated, "I do agree with what Mr. Blake has said." Next, Commissioner McLeod spoke of a piece of property next to Dunmar - the Mosley property and inquired that if the property owner "Split that - is he only able to split that forty (40) acres, one (1) time?" With discussion, Manager McLemore said, "The subdivision rules and regulations are there to not allow property to be split without infrastructure." Attorney Garganese noted, "There is also a 'Waiver' provision if they are not going to have any new streets, water, sewer or drainage." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 9, 2004 PAGE 23 OF 23 Manager McLemore added, "The intent is to require dividers of land to put in Infrastructure." Attorney Garganese noted the Waiver is referenced in 9-4. Commissioner McLeod concluded his Report by saying, "The answer is yes they could do that - under certain conditions." Manager McLemore also noted, "Under certain conditions. " REPORTS 608. Office Of The Mayor - John F. Bush Mayor Bush noted that a resident on Michigan contacted him about a stain on the street as a result of a garbage truck. With discussion, Mr. Lockcuff said to Mayor Bush, "If you want us to contact - we can." Mayor Bush said, "You might give him a call and let him know we brought it up." ADJOURNMENT Mayor Bush adjourned the Meeting at 11 :42 p.m. RESPECTFULLY SUBMITTED: .~. ORENZO-LUACES, CMC CERK :.:0:: :; ~~.. .,- -;1.....--:. ~ ~ .-. -' - '" .......::;:...~. ~ .' /' - -" . '7 ::; . ::";;'._APPROVED:~_'~ , r -. .r--~ ~ -- % ~, ~~ii,~.. J// , ,~:- ": --~ '." '. f -1;/-~ ~ /?"". F. BtIS~i' ~~ '.,. '.. -, - , -.'- ;1"lo --;, '\ 0<::>0. . ifA,YOR ": '.~~~~ ,,-.,,-,",'" NOTE: These Minutes were approved at the August 23, 2004 Regular City Commission Meeting.