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HomeMy WebLinkAbout_2004 12 13 City Commission Regular Minutes CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING DECEMBER 13, 2004 CALL TO ORDER The Regular Meeting of Monday, December 13, 2004 of the City Commission was called to order by Mayor John F. Bush at 7:07 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 Robert S. Miller, Jr., present Commissioner Michael S. Blake, present Commissioner Donald A. Gilmore, present Commissioner Sally McGinnis, present Commissioner Joanne M. Krebs, present City Manager Ronald W. McLemore, present City Attorney Anthony A. Garganese, present The Pledge of Allegiance followed a moment of silence. PUBLIC INPUT No one spoke. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 100. Police Department Presentation Honoring Officer Dan Grieb And Lieutenant Kevin Presley. A Presentation honoring Lance Corporal Dan Grieb and Lieutenant Kevin Presley for their lifesaving efforts was held. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 13,2004 PAGE 2 OF 30 .:..:. AGENDA NOTE: THE FOLLOWING INFORMATIONAL AGENDA ITEM WAS HELD NEXT, AS DOCUMENTED. .:. .:. INFORMATIONAL AGENDA INFORMATIONAL 302. Parks And Recreation Department Updating The Commission On The Results Of The Holiday Tree Lighting And Concert In The Park. A video presentation was shown to those in attendance followed by Mr. Chuck Pula, Director, Parks and Recreation Department who introduced Mr. Steven Richart, Urban Beautification Coordinator, Public Works Department; Mr. Chris Carson, Special Events Coordinator, Parks And Recreation Department; and Mr. Alan Greene, Parks Superintendent, Parks And Recreation Department. CONSENT AGENDA CONSENT 200. Fire Department Requesting Authorization To Purchase Five (5) Replacement Vehicles By Piggybacking Off The Florida Sheriff's Association (FSA) Contract: No. 04-12-0823. This Agenda Item was not discussed. CONSENT 201. Community Development Department Requests The City Commission Consider And Adopt The Updated Official Future Land Use Map (FLUM) And Official Zoning Map. There was no discussion on this Agenda Item. CONSENT 202. Parks And Recreation Department Requests Authorization To Enter Into A Contractual Agreement With Emerald Island Turf To Install The Central Winds Park Expansion Property Sod And Sprigs. No discussion. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 13,2004 PAGE 3 OF 30 CONSENT 203. Information Services Department Requests An Additional Appropriation In The Amount Of $5,000.00 In Order To Complete The Commission Chambers Audio Visual Upgrade Project. This Agenda Item was not discussed. CONSENT 204. Public Works Department Recommending The City Commission Approve The Interlocal Agreement Relating To The Transfer Of Orange Avenue. Brief discussion. CONSENT 205. Public Works Department Requesting Authorization To Accept The Proposed Change Order For The Regrading Of The Central Winds Park Expansion Property. Discussion. CONSENT 206. Community Development Department Requests The City Commission Validate The Staff Recommendation Finding Dr. Courtney's Office Site Is Built In Substantial Accordance With The Final Engineering And To Accept The Pertinent Portion Of The Potable Water And Sanitary Sewer Infrastructure For Ownership And Maintenance. There was no discussion on this Agenda Item. CONSENT 207. Public Works Department Requesting The City Commission Authorize The City Manager To Execute A Contract With Glatting, Jackson, Kercher, Anglin, Lopez And Rinehart To Conduct Traffic Engineering, Circulation And Arterial Operations Analysis For The SR [State Road] 434 Town Center Corridor At A Cost Of $29,100.00. No discussion. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 13,2004 PAGE 4 OF 30 CONSENT 208. Public Works Department - Stormwater Division Requests Approval To Enter Into A Project Agreement With The Natural Resources Conservation Service (NRCS) In The Provision Of Federal Assistance For The Clearing Of The Debris And The Repair Of The Damages Caused By The Hurricanes On The City's Creeks And Waterways. Discussion ensued with Mr. Kip Lockcuff, P.E., Director, Public Works Department. Deputy Mayor Robert S. Miller mentioned that "On some of the creeks, I think Staff ought to pay some attention - if you are going to throw that stuff high up, you ought to throw it high around some of those under drains like Shore Road for one; there is another one at Howell Creek." Deputy Mayor Miller added, "That I think you need to pay particular attention to." CONSENT 209. Finance Department Requesting That The City Commission Authorize Payment Of The FY [Fiscal Year] 2004/2005 Tax Increment For The U.S. [Highway] 17-92 Redevelopment Trust Fund Payment In The Amount Of $73,848.00. This Agenda Item was not discussed. CONSENT 210. Office Of The City Clerk Requesting Approval Of The November 22, 2004 City Commission Regular Meeting Minutes. There was no discussion on this Agenda Item. ADD-ON CONSENT 211. Office Of The City Manager Requesting The City Commission To Adopt Resolutions 2004-56 And 2004-57 Expressing Appreciation To The Seminole County Commission And Seminole County Arts Council For Their Financial Support Of The Holiday Concert In The Park. No discussion. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 13,2004 PAGE 5 OF 30 "MOTION TO APPROVE THE CONSENT AGENDA." MOTION BY DEPUTY MAYOR MILLER. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: DEPUTY MAYOR MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BLAKE: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. .:. .:. AGENDA NOTE: THE FOLLOWING CONSENT AGENDA ITEM WAS DISCUSSED AS DOCUMENTED. .:. .:. CONSENT AGENDA ADD-ON CONSENT 211. Office Of The City Manager Requesting The City Commission To Adopt Resolutions 2004-56 And 2004-57 Expressing Appreciation To The Seminole County Commission And Seminole County Arts Council For Their Financial Support Of The Holiday Concert In The Park. Commissioner Michael S. Blake inquired, "Was there going to be a Presentation?" Mayor Bush said to City Clerk Andrea Lorenzo- Luaces, "You might talk to them and see if they would like to come - to the next Commission Meeting in January [2005]. City Manager Ronald W. McLemore said to Mayor Bush, "I think it is your intent to - actually read this tomorrow into the record at the meeting, is it not, Mayor - tomorrow at the [County] Commission meeting in Sanford?" Mayor Bush noted, "Yes, I was going to . cover that under my Seat." Commissioner Blake added, "Okay, I didn't know that. That might be good." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 13,2004 PAGE 6 OF 30 .:..:. AGENDA NOTE: THE FOLLOWING INFORMATIONAL AGENDA ITEMS WERE DISCUSSED, BUT NOT NECESSARILY IN THE ORDER AS DOCUMENTED. .:. .:. INFORMATIONAL AGENDA INFORMATIONAL 300. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. Commissioner Donald A. Gilmore suggested, "I am wondering if you couldn't take an 11 ["] x 17 ["] map and put a key number under each item and where the location is." Commissioner Blake said, "That is a good idea." Commissioner Gilmore added, "I would just like to see a map of the City, and then some kind of a key applied to where each one of these are." Mayor Bush stated, "I think that is a good suggestion. Is the rest of the Commission in agreement to Mr. Gilmore's recommendation?" No objections were noted. INFORMATIONAL 301. Not Used. INFORMATIONAL 302. Parks And Recreation Department Updating The Commission On The Results Of The Holiday Tree Lighting And Concert In The Park. This Agenda Item was not discussed. INFORMATIONAL 303. Information Services Wishes To Update The Commission On The Status Of The I.T. [Information Technology] Plan Created In FY [Fiscal Year] 2002. There was no discussion on this Agenda Item. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 13,2004 PAGE 7 OF 30 INFORMATIONAL 304. Community Development Department Providing The City Commission A Sample Ordinance From The City Of Winter Garden Pertaining To Upgrading The Building Code As It Relates To Masonry Wall Waterproofing. Commissioner Gilmore noted, "I hope when this - gets written that we do more than just state - what is an acceptable material; but I think we need some criteria of application, and I would certainly like to see some method of inspection that determines that the material has been applied properly." Mr. David Alamina, Acting Building Official, Building Division, Community Development Department addressed comments from the City Commission. With further discussion on this issue, Deputy Mayor Miller suggested, "You need to stay on top of it." INFORMATIONAL 305. Public Works Department Advising The City Commission On Current Progress Of The Beautification Division. Deputy Mayor Miller said, "It mentions seventeen thousand [dollars] ($17,000) for trees on a specific roadway - can we do that for other roadways in the City also? Get Grants for the tree plantings?" Mr. Lockcuff said, "Yes. On a project by project basis, yes." Deputy Mayor Miller added, "I would like to see the City actively pursue that. There are a lot of roadways that I think we should look to do this - I would like to see some kind of an update, maybe an Informational Item on why it is that in some states in the North, that you can plant large trees down the middle of a road and it doesn't seem to - be a problem for [F]DOT (Florida Department of Transportation), from a safety hazard standpoint. When we were presented with our original artist's concepts for the Town Center, it showed large trees down the middle - actually two (2) rows of trees approaching the intersections. They might not have thought it through - you might not be able to get two (2) rows of large trees in there, but you can - get one (1) for the Town Center; and I think we ought to start pushing for that." Deputy Mayor Miller added, "And we ought to get them in sooner than later." Deputy Mayor Miller then said, "I would like to see an Information Item on what is it that we need to overcome to be able to do that in Winter Springs." With further discussion, Deputy Mayor Miller said to Mr. Lockcuff, "You and I know that when they get around to six (6) laning it, the trees will come down. But I don't see any reason why we just can't put the trees in now, and six (6), eight (8), twenty (20) years from now, they get around to six (6) laning it, then we will worry about that then." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 13, 2004 PAGE 8 OF 30 Furthermore, Deputy Mayor Miller said, "I just want us to start thinking actively on this, and I want to know why we can't do it. I would like to see all the reasons." Manager McLemore said, "If you're willing to come out of pocket with the money for curb and gutter - you can do it now." Deputy Mayor Miller noted, "I am willing - I would like to see a proposal - if that is what it takes, I would like to see something from staff that says this is what it is going to cost us to do it; if [F]DOT (Florida Department of Transportation), is not going to say after we have spent the money to look at it, 'No, you can't do it'." Also regarding this Agenda Item, Commissioner Gilmore said, "The TLBD (Tuscawilla Lighting and Beautification District), you have listed the streets to get additional lighting considerations - and I was under the impression that Trotwood Boulevard, Vistawilla Drive, and maybe Dyson Drive should be in that group too." Mr. Lockcuff noted, "I believe you're correct - basically, all the collector roads." INFORMATIONAL 306. Parks And Recreation Department Informing The City Commission That Central Winds Park (The Sports Field Complex Of The Year) Is Highlighted In The Sports Turf Publication. No discussion. INFORMATIONAL 307. Office Of The City Manager Providing The Commission With The Actuarial Report For Plan Year Ending September 30, 2004 Of The City's Pension Plan. This Agenda Item was not discussed. "MOTION TO APPROVE THE INFORMATIONAL - AGENDA". MOTION BY DEPUTY MAYOR MILLER. MAYOR BUSH SAID, "SECONDED BY COMMISSIONER GILMORE". DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 13,2004 PAGE 9 OF 30 PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 400. Community Development Department - Planning Division Requests The City Commission Conduct A Public Hearing For The Second Reading And Adoption Of Ordinance 2004-46, Annexing A Parcel Located At 1136 Orange Avenue Equaling Approximately 1.96 Acres And Owned By Srinivas Chari And Ramani Kilambi. Ms. Eloise Sahlstrom, AICP, ASLA, Senior Planner, Community Development Department introduced this Agenda Item, and discussion ensued on taxes. City Attorney Anthony A. Garganese noted, "If they are close to getting a Certificate of Occupancy, you can always pass the Annexation Ordinance and make it effective December 31 and give them a couple of weeks to finish getting their C.O. (Certificate of Occupancy)." Attorney Garganese read Ordinance Number 2004-46 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 NUMBER 2004-46 SUBJECT TO THE FOLLOWING CHANGE - 'Section 6.' OF THE ORDINANCE, 'Effective Date.' - 'THIS ORDINANCE - SHALL BECOME EFFECTIVE DECEMBER 31sT, 2004 - UPON ADOPTION BY THE CITY COMMISSION'." ATTORNEY GARGANESE NOTED, "THE ORDINANCE WOULD BECOME EFFECTIVE ON DECEMBER 31, 2004 AND PURSUANT TO CITY CHARTER." COMMISSIONER BLAKE ADDED, "WHAT THE [CITY] ATTORNEY SAID." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE DEPUTYMAYORMILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 13,2004 PAGE 10 OF 30 PUBLIC HEARINGS 401. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For The Revised Parkstone pun [Planned Unit Development] Master Plan (With The Revised Entry Location) And Aesthetic Review Of The Landings At Parkstone Townhome Development. Ms. Sahlstrom spoke on this Agenda Item and a related Regular Agenda Item. Mr. Marek Bakum, Vice President of Operations, Morrison Homes, 151 SouthhaU Lane, Suite 200, Maitland, Florida: gave a presentation on this project. Tape lISide B Mr. Bakum continued with his presentation. Discussion. Mayor Bush opened the "Public Input" portion of the Agenda Item. Ms. Lindsey Hall, 290 Tavestock Loop, Winter Springs, Florida: noted her concern with the entrances and traffic access. Mr. John H. Rickards, 719 Endeavour Drive South, Winter Springs, Florida: asked what construction materials would be used for the proposed Townhouses. Mayor Bush closed the "Public Input" portion of the Agenda Item. Mr. Javier E. Omana, Vice President of Land Planning Operations, CPH Engineers, Inc., 1117 East Robinson Street, Orlando, Florida: addressed the City Commission. Regarding the construction materials, Mr. Bakum stated, "It is block construction." Mayor Bush then said, "And it has to meet all of the windload. . ." Mr. Bakum remarked, ".. .Of course..." Mayor Bush continued, ".. .So it has to meet all the Codes which are pretty strict." Deputy Mayor Miller commented that "You actually show concrete going right out to - [State Road] 434..." Mr. Omana agreed and said, "... Yes." Deputy Mayor Miller added, "I would really like you to work with the Police and the Fire and everyone else that would be involved in this aspect of the design, because I am not sure that a Fire Truck actually has to have a paved road." Commissioner Blake noted that regarding "Your Reef Bay Road - I also have some concerns about that." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 13,2004 PAGE 11 OF 30 With further discussion, Commissioner Blake referenced the plans that showed "A sea of concrete specifically four (4) plus lanes wide on the adjoining two (2) car garage doors" and pointed out "That - rather broad sea of concrete tends to make it look more like a parking lot than a residential product, and my thought would be as we see here on the Engineering Master Plan that you have given us, it appears that you actually have a landscape barrier between - the garage doors if you will, that come all the way out to the sidewalk area - a strip of landscaping, whether it be grass, shrubbery, something to break up that sea of concrete. Aesthetically, I think that makes it much more residential in appearance than a parking lot which is what we see now." Furthermore, Commissioner Blake suggested, "In one of the things that I would like to see changed - would actually be to have that landscape strip between each and every garage door come out to the street - well, not to the street necessarily, but to the sidewalk which would break it up." Mr. Bakum said, "As long as the Code allows, I don't think that is a big concern." Commissioner Blake then mentioned, "This project is going to be irrigated, right?" Mr. Bakum responded, "Yes, it's St. Augustine, right." Manager McLemore added, "What I would ask you to think about is these very small strips of grass are so difficult to maintain, and cars get on top of them, and would you consider some type of brick or other kind of paver that would divide that because it won't live." Commissioner Blake said, "It just needs to break it up." Additionally, Commissioner Blake added, "Something to break up the sea of concrete I think is very important here." Next, Commissioner Blake remarked, "Currently there is a wrought iron or - maybe it is aluminum, or some sort of a fence type material that goes along [State Road] 434, are you building a wall in place of that, behind that, leaving it as is and landscaping it?" Mr. Bakum stated, "We are leaving it as is and landscaping it. The middle picture on the board is the expected look of our buildings, from the rear, that includes the current barrier that is along [State Road] 434, so that is our intention. We are planning to add banding to our windows, trying to make the front and the back look the same for the - buildings backing up to [State Road] 434." With further discussion, Commissioner Gilmore commented, "On the buildings facing [State Road] 434 - wondering if we couldn't do some window treatment that would help considerably. The second thing is your letter that came with this - refers to combinations from three (3) units to six (6) units, when in fact, according to this, it is three (3) units to eight (8) units." Mr. Bakum noted, "Yes sir - they're redesigned - if approved here today - is to make one (1) eight (8) unit building; there are no seven (7) unit buildings." Commissioner Gilmore added, "Now with that eight (8) unit building, that's on the entrance to - on Parkstone Boulevard; that is a pretty wide street going through there. My fear is that you're going to end up with what - is what these people may be seeing coming in from - Parkstone Boulevard, because this is an eight (8) unit piece which is quite long." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 13,2004 PAGE 12 OF 30 Commissioner Gilmore added, "The people coming in Parkstone Boulevard are going to see - if that is how many units..." Mr. Bakum noted, "...That is four (4)." Commissioner Gilmore then said, "That is four (4). This is twice that long..." Mr. Bakum agreed and said, "... Yes sir..." Commissioner Gilmore continued, ".. .Because you've got eight (8) units facing there, and I don't believe that that is the kind of treatment we wanted to look at." Commissioner Sally McGinnis noted, "I concur - with the other Commissioners. I have some real concerns about the back side of these." Commissioner McGinnis added, "Along Parkstone Boulevard, does the same kind of fence exist, that does on [State Road] 434?" Mr. Bakum responded, "Yes." Commissioner McGinnis then said, "I have some very serious concerns about how this is going to look from [State Road] 434. I am concerned about that more than I am Parkstone Boulevard, but I think that is an issue also. " Commissioner Joanne M. Krebs suggested, "Somehow, you have to have some kind of visual treatments on these buildings to make them look not like boxes of empty space." Commissioner Krebs further added, "I just think there is some type of treatment you can do to that building to make it look visually pleasing to the eye, rather than what I see." Deputy Mayor Miller said to Mr. Bakum, "All of the homes will have two (2) car garage doors?" Mr. Bakum noted, "Yes sir." Regarding guest parking, Mr. Omana responded, "All the units have two (2) car garages, so we have the ability to park two (2) cars within the garages, and then two (2) cars in front of the garage." Mr. Omana added, "We're also providing some parking in front of the cabana." Next, Deputy Mayor Miller suggested, "You need to review the record that we have already gone through with several other Developers on the east end of Winter Springs with regard to the buildings fronting [State Road] 434." Furthermore, Deputy Mayor Miller added, "The backs of your buildings are not really great in my opinion. You need to work on that. The eight (8) unit building. I share the other Commissioners concern about that too. I just don't know how you can make it look really great at that length unless you have some really unusual roof - maybe overhangs - you need to work on that. " Commissioner Blake added, "Again, I concur." Then, Commissioner Blake suggested, "Take these three (3) buildings and turn them around - have the front genuinely face the front and if you have to alter your layout, and you may even lose a unit or two (2) or three (3) but if you have your Cruz Bay Circle come all the way out to the property's edge and create the front of these buildings facing [State Road] 434, I think you can keep your transparent fencing that is landscaped intact just the way it is." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 13,2004 PAGE 13 OF 30 Further discussion. Tape 2/Side A With additional discussion, Mayor Bush summarized, "I think the Commission has made it clear - they want the view from [State Road] 434 to look better. They want to see some options; and - Commissioner McGinnis has also mentioned along Parkstone Boulevard, the eight (8) units." Discussion. Mr. Omana summarized what he understood the City Commission was requesting and stated, "If we were to - eliminate the metal fencing of the wall and make that an opaque brick wall, continuous along [State Road] 434; were to come in and enhance the landscape package in the back of house and in addition to that, work on architectural detailing of the back of house, of those units - are we heading in the right direction?" Commissioner Blake added, "Don't forget about the driveway split up." Mr. Omana added, "And the driveway split up, yes." Mayor Bush then said, "And also along Parkstone..." Mr. Omana inteIjected, "... Correct; yes." Further discussion ensued on ingress/egress and emergency vehicles. Commissioner McGinnis added, "The issue of guest parking." Regarding discussions with the Homeowner's Association, Commissioner McGinnis asked if they had met with the Homeowner's Association and noted, "They do have an active Board now. I have met with the .eoard - it is a good Board. You might want to do that." Discussion. Mayor Bush said, "Javier [Omana], would you state again your perception of what the Commission is asking for here." Mr. Omana remarked, "With respect to the aesthetics, we need to deal with it. The direction that I think we are heading here is to enhance the wall; better the back of house by improving the landscape buffer - package and make the back of house look like the front of the house; basically I think from an aesthetic standpoint, I think that is clearly indicated. Another issue now has come up relative to the access point on [State Road] 434; we need some clarification as to what works; what was approved back in June, July of this year, may not be to you all's favor now, as to what the implications of that so we may have to revisit that particular access point." Mr. Omana continued, "So, what if we were to respectfully submit a request that this item and the civil engineering approval would be continued, so that we can caucus internally; meet with Staff and come back to the Board with potentially some options as to how to proceed with this?" CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 13,2004 PAGE 14 OF 30 Mayor Bush said, "I think that is a good idea." Commissioner McGinnis noted, "Yes." Commissioner Gilmore commented, "Yes." No objections were noted. Commissioner Blake then mentioned, "You might also be encouraged to review the record from the last couple of developments along [State Road] 434 that have been approved, and some of the process that they have gone through, for a clearer understanding of those concerns." Mayor Bush suggested that "Next time, we put them back to back" on the City Commission Agenda. With further discussion, Mayor Bush then noted that "Both this Item [Public Hearings Agenda Item '401'] and [Regular Agenda Item] '503' then will be back to back at the next Commission Meeting." Discussion. Mayor Bush added that the Applicant knows "What they need to bring back and this will be at the first Meeting in January." PUBLIC HEARINGS 402. Community Development Department Presents To The Commission, The First Reading Of Ordinance Number 2004-52, To Vacate And Abandon A Segment Of The David Drive Right-Of-Way (ROW). Mayor Bush stated, "Can we have a Motion to read by 'Title' only." "SO MOVED." MOTION BY COMMISSIONER McGINNIS. SECONDED BY DEPUTY MAYOR MILLER. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. Attorney Garganese read Ordinance Number 2004-52 by "Title" only. Mr. John Baker, AICP, Senior Planner, Community Development Department introduced this Agenda Item. Mayor Bush opened the "Public Input" portion of the Agenda Item. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 13,2004 PAGE 15 OF 30 Ms. Susan Powell, 5381 Red Leaf Court, Oviedo, Florida: addressed the issue of easements on this property. Mayor Bush closed the "Public Input" portion of the Agenda Item. Discussion followed with Mr. Lockcuff and Attorney Garganese. Discussion. Tape 2/Side B Further discussion. "I WILL MAKE A MOTION THAT WE APPROVE THE ITEM SUBJECT TO RETAINING A - FIFTEEN FEET (15') OF THE TWENTY-FIVE FOOT (25') RIGHT-OF-WAY - HAVE AN EASEMENT OVER THE EASTERLY EDGE, THE ENTIRE - 113.85 - WHATEVER IT IS, FEET NORTH TO SOUTH - PLUS OR MINUS." MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR MILLER. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. PUBLIC HEARINGS 403. Community Development Department - Planning Division And Office Of The City Attorney Requests That The City Commission Hold A Public Hearing For Second Reading Of Ordinance 2004-49 To Consider Amending Chapter 20, Zoning, Of The Code Of Ordinances, As It Relates To Rezoning, Variances, Conditional Uses, Waivers, And Administrative Appeals. Attorney Garganese read Ordinance Number 2004-49 by "Title" only. Discussion. Mayor Bush opened the "Public Input" portion of the Agenda Item. Dr. Neil R. Backus, 110 East Panama Road, Winter Springs, Florida: spoke on his property and possible projects he had planned. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 13,2004 PAGE 16 OF 30 Mayor Bush closed the "Public Input" portion of the Agenda Item. Attorney Garganese noted, "If the Commission approves this, there will now be an opportunity for someone to request a Waiver - our Waiver standards are less stringent than a Variance Standard. And we did discuss that this person in Bear Creek could convert his Variance application into a Waiver application and have it heard once this Ordinance gets adopted." "MOVE TO APPROVE ORDINANCE 2004-49." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER GILMORE: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. PUBLIC HEARINGS 404. Office Of The City Attorney And Office Of The City Manager Requests That The City Commission Adopt On Second And Final Reading Ordinance Number 2004-51. Attorney Garganese read Ordinance Number 2004-51 by "Title" only and noted, "There is a Finding is the 'Recitals' that the property is considered surplus property." Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. Discussion. "I WILL MAKE A MOTION TO APPROVE" ORDINANCE 2004-51. MAYOR BUSH NOTED, "MOTION TO APPROVE THIS ORDINANCE BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER GILMORE." DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING- DECEMBER 13,2004 PAGE 17 OF 30 VOTE: DEPUTY MAYOR MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: AYE COMMISSIONER GILMORE: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 500. Not Used. DELETED REGULAR 501. Community Development Department Requests The City Commission Reconsider The Town Center Second Story Requirement, As It Applies To The Boyd Development Concept Plan, For The Area South Of The Mobil Gas Station, Between SR [State Road] 434 And Tuskawilla Road. This Agenda Item was not discussed, as noted during the discussion of Public Hearings Agenda Item "401". REGULAR 502.1 Office Of The City Manager Providing An Update Of The 2002-2011 One Cent Sales Tax Program Including Funding For Gary Hillery Drive. Manager McLemore presented opening remarks on this Agenda Item. Mr. Alec String, 215 Rolling Wood Trail, Altamonte Springs, Florida: addressed the City Commission and spoke on the proposed timeline for this project. Discussion. Commissioner Blake said, "So until we sit down and have this Workshop and reevaluate our funding sources that are available in what we are going to commit those to, I don't think we should be spending another dime from this pot." With discussion, the City Commission agreed to meet for a Workshop, and as Mayor Bush summarized, [Monday], "6:30 [p.m.] February the ih" [2005]. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 13,2004 PAGE 18 OF 30 REGULAR 502.2 Community Development Department - Planning Division Requests The City Commission Consider A Development Agreement For Tuscawilla Town Square (Which Includes The Current Tuscany Restaurant) Located At Winter Springs Boulevard, Northern Way And Gary Hillery Drive. Mr. Baker opened the discussion on this Agenda Item. Discussion. Tape 3/Side A Commissioner Krebs suggested "If maybe we could put some fencing and possible landscaping or something up during this project so that it is visually appealing on that part of Winter Springs Boulevard." Commissioner Krebs suggested this would help the view of "The 7-11 parking lot and gas station - I think you are going to end up seeing it a lot more with - the improvements that you're going to make to that retention pond, and I am sure there is something that we can do to lessen that offensive look." Furthermore, Commissioner Krebs said, "Whatever we can do in that area, whether it be through some fencing and some landscaping - whatever to minimize that. That is what I would like to see." Mr. String stated, "Absolutely. And you will see that on our Landscaping Plans and the Final Engineering." Commissioner Gilmore commented, "I am wondering why we have to have meandering sidewalks - the only place in Tuscawilla that you have meandering sidewalks. And I think we should do everything we can to encourage people to walk on the sidewalk and even jog on the sidewalk, rather than in the street." Mr. Gary Hillery, 1220 Winter Springs Boulevard, Winter Springs, Florida: addressed the City Commission on this issue. With discussion on the dumpster and its proximity to his property, Mr. Hillery stated, "I would like to see it down here, and I believe we have agreed that that would be taken into consideration." Deputy Mayor Miller said, "Sounds like a good idea." Mr. String mentioned, "I think we've agreed that that new location would probably be better. The second consideration we're making is we're actually having the dumpster pulled and dumped three (3) times a week, with the new project, where it's now currently being dumped once a week. So, I think that alone will make a tremendous difference, and it will be on a concrete slab, up to all the current Winter Springs' requirements for a dumpster, as well as we are going to have maintenance crews there on site daily to make sure the lids are closed; so I think the dumpster being moved and more properly maintained will resolve that problem." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 13,2004 PAGE 19 OF 30 "I MAKE A MOTION THAT WE APPROVE - THE DEVELOPMENT AGREEMENT, WITH THE COMMENTS MADE REGARDING THE DUMPSTER." MOTION BY DEPUTY MAYOR MILLER. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. COMMISSIONER BLAKE REMARKED, "I HAVE SOME TEXT ISSUES IN THE DEVELOPER'S AGREEMENT, SPECIFICALLY UNDER SECTION 3. 'c' - THIS AGAIN GOES BACK TO THE COST SHARING ARRANGEMENT FOR THE RECONSTRUCTION OF GARY HILLERY DRIVE, AND I UNDERSTAND AND HAVE READ WHAT WAS PLACED - THE NEW PARAGRAPH - ON PAGE 4, UNDER THE SAME SECTION, BUT IN THE VERY FIRST PARAGRAPH, MY CONCERN IS THE USE OF WORD 'SHALL' IN SEVERAL PLACES THAT DISCUSSES 'THE CITY SHALL REIMBURSE DEVELOPER IN THE AMOUNT OF THE ROADWAY EXPENSES WITHIN NINETY (90) DAYS AFTER THE RECONSTRUCTION OF GARY HILLERY DRIVE HAS BEEN COMPLETED'. I DON'T SEE ANYPLACE WHERE THAT IS BACKED OUT." ATTORNEY GARGANESE SUGGESTED, "HOW ABOUT WE ADD SOME LANGUAGE - ACTUALLY SUBJECT TO THE LAST PARAGRAPH, IN SUBPARAGRAPH '(c)' SUBJECT TO THE CITY APPROVING THE FUNDING, THE DEVELOPER AGREES TO DESIGN AND RECONSTRUCT GARY HILLERY DRIVE IN ACCORDANCE WITH THE STREETS CAPE PLAN, AND THEN THE CITY WILL REIMBURSE." MANAGER McLEMORE ADDED, "THAT IS ONLY IN THE CASE - WE DO THE ADVANCE FUNDING." ATTORNEY GARGANESE THEN SAID, "I CAN JUST REWORK THAT SUBPARAGRAPH '(c)' A LITTLE BIT, TO MAKE SURE IT IS CLEAR THAT IT IS SUBJECT TO THE CITY APPROVING THE FUNDING." MR. LOCKCUFF NOTED, "IF THEY GO AHEAD WITH CONSTRUCTION, WE NEED TO MAKE SURE THAT THE STORMWATER POND IS DESIGNED AND CONSTRUCTED TO ACCOMMODATE GARY HILLERY DRIVE." COMMISSIONER BLAKE ADDED, "WE JUST NEED TO MAKE SURE THAT PARAGRAPH '(c)' SAYS EXACTLY WHAT WE INTEND IT TO SAY AND THERE IS NO CONFUSION BETWEEN THE DEVELOPER AND THE CITY AS TO WHO IS EXPECTING WHO TO DO WHAT AND WHO IS GOING TO PAY FOR IT." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 13,2004 PAGE 20 OF 30 WITH FURTHER DISCUSSION, MR. STRING SAID, "IF YOU AGREE TO REIMBURSE ME FOR DEVELOPING THE STREET, WE'LL BUILD IT. IF NOT, THAT'S FINE TOO. I THINK THAT'S - WHERE WE LANDED WITH THIS LAST PARAGRAPH THAT ANTHONY [GARGANESE] CREATED, SO THAT'S THE INTENT OF US MOVING FORWARD." COMMISSIONER BLAKE THEN STATED, "I JUST WANT TO MAKE SURE THA T IS CLEAR, AND ALSO, I THINK WE WANT TO MAKE SURE THE STREET GETS DONE AT THE HIGH QUALITY THAT WE ARE TALKING ABOUT, ALSO - IT IS A QUESTION OF FUNDING, WHO IS PAYING FOR IT..." MR. STRING SAID, "...ABSOLUTELY - AND, I DON'T THINK ANY OF US MISUNDERSTANDS IT." "I WOULD LIKE TO MAKE AN AMENDMENT TO THE MOTION TO INCLUDE THE ATTORNEY'S ADDITIONAL LANGUAGE." AMENDMENT TO THE MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: (ON THE AMENDMENT) COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. VOTE: (ON THE MAIN MOTION, AS AMENDED) COMMISSIONER KREBS: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. REGULAR 503. Community Development Department - Planning Division Requests The City Commission Approve The Revised Final Engineering Plans For The Landings At Parkstone. This Agenda Item was not discussed per the discussion under Public Hearings Agenda Item "401". CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 13,2004 PAGE 21 OF 30 .:..:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEMS WERE DISCUSSED NEXT, IN THE ORDER AS DOCUMENTED. .:. .:. REGULAR AGENDA REGULAR 507. Office Of The City Manager Council Of Local Governments In Seminole County (CALNO) Requesting The Commission To Consider Approval Of $17,059.00 From The Law Enforcement Confiscation Fund For The City's Share Of Construction Of A New County-Wide Law Enforcement Driver Training Facility At Geneva. Mr. Donald Payton, Legislative Liaison, Seminole Community College, 100 Weldon Boulevard, Sanford, Florida: addressed the City Commission on behalf of the Council of Local Governments in Seminole County (CALNO). Commissioner Blake said, "What happens if we agree to make a contribution and other cities or the County or some other entity does not, and you do not reach the two hundred- fifty thousand dollars ($250,000.00) threshold?" With further discussion, Commissioner Blake inquired, "Do we get our money back if you do not match the two hundred-fifty thousand dollars ($250,000.00)?" Discussion. Mr. Jim Hague, Criminal Justice Institute Director, Seminole Community College, 100 Weldon Boulevard, Sanford, Florida: spoke on funds, resurfacing and the driving track. Furthermore, Commissioner Blake said, "How do we assure that our folks have an opportunity - our Public Safety people have an opportunity to have ample access to the track?" Mr. Hague noted, "The whole design of the driving track was marked for two (2) entities, and that was the local law enforcement officers for training for driving and the students that go to the Police Academy for driving." With discussion on whether public employees will be able to use the driving track, Mr. Payton remarked, "We are being up front, Law Enforcement will get first crack at it, but we are certainly willing to have other folks out there to the extent that time permits." "I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE FUNDING OF THIS SUBJECT TO THE RAISING OF NOT LESS THAN TWO HUNDRED- FIFTY THOUSAND DOLLARS ($250,000.00) FROM EACH OF THE OTHER ENTITIES LISTED IN THE ITEM, AND SUBJECT TO THE ABILITY TO USE THE TRACK NOT JUST FOR PUBLIC SAFETY BUT FOR OTHER PUBLIC ENTITY INDIVIDUALS IN SEMINOLE COUNTY." MOTION BY COMMISSIONER BLAKE. MAYOR BUSH SAID, "SECONDED BY COMMISSIONER MILLER." DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 13,2004 PAGE 22 OF 30 VOTE: COMMISSIONER GILMORE: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. REGULAR 504. Community Development Department - Planning Division and Public Works Department Requests The Commission Consider Amendments To The Code Related To Dumpster Enclosures And Solid Waste Collection. Manager McLemore suggested a Workshop on this issue. Mayor Bush asked if the City Commission was in agreement to have a Workshop and Deputy Mayor Miller stated, "We already have a majority." Mayor Bush noted, "Yes we do." With discussion, Mayor Bush said, "February 21 st, [2005] - 6:30 [p.m.] - Workshop on Dumpsters." No objections were noted. REGULAR 505. Office Of The City Clerk Respectfully Requests That The City Commission Consider Nominating The Next Deputy Mayor As Stipulated In The Charter Of The City Of Winter Springs, Consistent With Actions In The Past. FOR THE POSITION OF DEPUTY MAYOR, COMMISSIONER McGINNIS STATED, "I WOULD LIKE TO NOMINATE [COMMISSIONER] MICHAEL BLAKE." SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: DEPUTY MAYOR MILLER: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BLAKE: AYE COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 13, 2004 PAGE 23 OF 30 REGULAR 506. Community Development Department - Planning Division And Office Of The City Attorney Requests The City Commission Approve The Study Area And The Old Sanford Oviedo Road Annexation Report ("Report"). Ms. Sahlstrom introduced this Agenda Item. "MOTION TO APPROVE." MOTION BY COMMISSIONER McGINNIS. MAYOR BUSH NOTED, "SECONDED BY COMMISSIONER BLAKE." DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER KREBS: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. REGULAR 508. Community Development Department Requests That The City Commission Schedule A Workshop To Discuss The Application Of The Seminole County Land Development Regulations On The Existing Telecommunications Tower Site On This Particular Parcel Within The City Of Winter Springs. Discussion. Tape 3/Side B Mayor Bush said that this Workshop would be held on March "ih, [2005] at 6:30 [p.m.] - everybody in agreement?" No objections were noted. REGULAR 509. Office Of The City Attorney Pursuant To Section 288.075, Florida Statutes, The City Attorney Requests That The Commission Adopt Resolution 2004-55, Establishing An Economic Development Division Under The Office Of The City Manager, And Providing Authorization To Maintain The Confidentiality Of Certain Financial Information And Trade Secrets Delivered To City By Developers And Businesses Seeking To Locate, Relocate, Or Expand Their Businesses Within The City. Attorney Garganese introduced this Agenda Item. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 13,2004 PAGE 24 OF 30 Mayor Bush left the dais at approximately 11 :01 p.m. Deputy Mayor Miller took the gavel and presided over the Meeting. "I WILL MAKE A MOTION TO EXTEND THE MEETING ONE (1) HOUR." MOTION BY DEPUTY MAYOR MILLER. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER KREBS: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR MILLER: AYE MOTION CARRIED. Deputy Mayor Miller called a Recess at 11:03 p.m. Mayor Bush reconvened the Meeting at 11:09 p.m. Discussion. "I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE AND ADOPT RESOLUTION 2004-55." MOTION BY COMMISSIONER BLAKE. MAYOR BUSH NOTED, "SECONDED BY COMMISSIONER KREBS." DISCUSSION. Deputy Mayor Miller returned to the Commission Chambers at approximately 11:13 p.m. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR MILLER: AYE MOTION CARRIED. "I WOULD LIKE TO DIRECT THE CITY MANAGER TO COME BACK TO THE COMMISSION AT THE NEXT MEETING WITH A PROCEDURAL GUIDELINE TO HANDLE SUCH INFORMATION AS - LISTED IN - RESOLUTION 2004-55." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 13,2004 PAGE 25 OF 30 VOTE: COMMISSIONER GILMORE: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. REPORTS REPORTS 600. Office Of The City Attorney - Anthony A. Garganese, Esquire No Report. REPORTS 601. Office Of The City Manager - Ronald W. McLemore Manager McLemore referred to Regular Agenda Item '509' and stated, "In this case, the entity does not mind their name being disclosed, we've dealt with them a great deal- and that is - James Doran Company; and they do have documents that they're ready to transfer; and what I would like to do is get approval from you tonight to go ahead and start that process. I will get a letter in writing to you for the record, to be consistent with this." Commissioner Gilmore said, "That is fine." Mayor Bush stated, "Okay." Furthermore, Manager McLemore said, "I will get him to transfer the letter which I will copy you on." Mayor Bush said, "No objections from the Commission?" Commissioner McGinnis said, "No." Commissioner Krebs remarked, "No." No objections were noted. Manager McLemore then said he would be out of town during the week between Christmas and New Year's Day. REPORTS 602. Office Of The City Clerk - Andrea Lorenzo-Luaces No Report. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 13,2004 PAGE 26 OF 30 REPORTS 603. Commission Seat Three - Donald A. Gilmore Commissioner Gilmore mentioned that when he was at the recent Florida League of Cities Legislative Conference, "We were listening to FEMA (Florida Emergency Management Agency) talking and their issues, and they had a lengthy discussion about concerns in the State forests and other lands and possible fires. Commissioner Gilmore mentioned that he was duly concerned about potential fires in the Tuscawilla community and said, "I think the City Staff needs to at least address it and make the people aware of the dangers that exist there and at least have some plans, that if no one cleans that wood out, and we get fires - we have a plan how it is going to be handled." REPORTS 604. Commission Seat Four - Sally McGinnis COMMISSIONER McGINNIS SAID THAT REGARDING THE OAK FOREST WALL AND BEAUTIFICATION DISTRICT ADVISORY COMMITTEE, "I HAVE A NEW APPOINTMENT TO MAKE AND I WOULD LIKE TO MAKE IT TONIGHT - JACK RICKARDS, AND HE RESIDES AT 719 ENDEAVOUR DRIVE [SOUTH)." MOTION. SECONDED BY DEPUTY MAYOR MILLER. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR MILLER: AYE MOTION CARRIED. Lastly, Commissioner McGinnis mentioned that a handicapped individual who enjoys going to the dog park mentioned the need for a bench inside the gate as the only bench is across the Dog Park. Commissioner McGinnis noted this may be a problem for others also. With brief discussion, Deputy Mayor Miller stated, "Make it happen." Mayor Bush added, "I am sure Chuck [Pula] will take care of it." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 13,2004 PAGE 27 OF 30 REPORTS 605. Commission Seat Five - Joanne M. Krebs Commissioner Krebs said, "When an Applicant files for a permit, how are we determining whether it is storm related or not?" Manager McLemore said, "I would need to check." With discussion, Commissioner Krebs inquired, "How many people have we charged and shouldn't have within that period of time; and do we need to go back and take a look at that." Furthermore, Commissioner Krebs said, "It would be - more than likely roofs, screen room damage and fences - is there some way we can check to see if there has been a lot of permits have been paid for and do spot checks or should we go back through it?" Manager McLemore responded, "Let me find out - how things are going on and come back to you with an answer on that." With discussion, Commissioner Krebs said, "I think one of the ways we can be very customer oriented is just to ask a question." Manager McLemore added, "I will get back to you." REPORTS 606. Office Of The Mayor - John F. Bush Mayor Bush noted that tomorrow, he was going to attend the Seminole County Commission Meeting and explained, "I am going to talk to them about the Eagle Bay Wood Product issue that we had." Next, Mayor Bush said, "The Resolution that you approved tonight, I will read to them tomorrow and thank them." Further, Mayor Bush advised the City Commission that, "I am going to ask the County not to appeal the Judgment that was ruled in our favor, and challenge them to sit down and meet Commission to Commission and try to resolve the problems. Do you have any objection to that?" Commissioner McGinnis said, "No." Mayor Bush then said, "We have had an issue with the pamtmg of the bridge." Additionally, Mayor Bush noted, "I may throw it out as an example that we need to work more closely together on things." Recent incidents involving upcoming Mayor's and Manager's Meetings was discussed next and Mayor Bush noted, "I am going to clear the air on that and say 'Winter Springs is not against the County attending the Mayor's and Manager's'" Meeting. REPORTS 607. Commission Seat One/Deputy Mayor - Robert S. Miller Deputy Mayor Miller stated, "I applaud you for going up there tomorrow." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 13, 2004 PAGE 28 OF 30 Next, Deputy Mayor Miller stated, "Since it is the last Meeting of this year, I wish all of you 'Happy Holidays'." REPORTS 608. Commission Seat Two - Michael S. Blake Commissioner Blake noted, "We have a development that is going on, almost directly across the street from City Hall; actually, it is right across from where the Publix is - where the traffic light is going to be there - going across on the south side of [State Road] 434; and I think there is - one road way that goes in and circles around and then there is another roadway that is going to be along the east edge of it - and I would like to suggest a couple of names for those roads at this time. I think the main loop road that goes through the center should be named 'David McLeod Way'. We would have to of course, check that with the 9-1-1 folks at the County before it could be done." Continuing, Commissioner Blake stated, "The second one is the road that would be half of that parcel - half of the right-of-way for that road is being donated by that Developer and then, I think the eastern part would be by the neighboring Developer. There is a family called by the last name of Roberts that have lived there for about almost forty (40) years." Commissioner Blake added, "It might be kind of a nice thing to do to name it after them, and so if the name 'Roberts Lane' is available, and if it is not, then we might have to find a way to massage it or something; but if the Manager could check on that and get back to us to let us know if those two (2) names are available, maybe the Commission could take it up after the turn of the year." Commissioner Blake then noted that State Representative Randy Johnson and State Senator Gary Siplin "Today introduced legislation during a Special Session of Tallahassee - that accomplishes a few things, but one of the things that it really does is it recognizes that the State will receive approximately a billion dollars in additional sales tax revenue due to the Hurricanes and of course these dollars are coming primarily from those areas that were most impacted by the Hurricanes." Furthermore, Commissioner Blake suggested that "The Commission to have a Resolution of support for that Legislation, have the Mayor be able to sign a letter and send it off to the entire Seminole County Delegation, and we really need to have this done like now. We would have to fax it up there tomorrow." Manager McLemore said, "Do you have a phone number and all that?" Commissioner Blake said, "I don't but - you can get it early in the morning - I can get it to you." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 13,2004 PAGE 29 OF 30 "I WOULD LIKE TO MAKE A MOTION THAT THE CITY OF WINTER SPRINGS PROVIDE A RESOLUTION OF SUPPORT TO - THE CENTRAL FLORIDA DELEGATION OF THE FLORIDA LEGISLATURE, REPRESENTING SUPPORT FOR THE BILL THAT I MENTIONED." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BLAKE: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR MILLER: AYE MOTION CARRIED. Lastly, Commissioner Blake said to Attorney Garganese, "What is our status of Zoning and Land Use on the property that is in the County's special area of study - over near the [Black] Hammock?" With discussion, Commissioner Blake suggested, "I think it is time for us to initiate our own Special Use Study, if you will, of properties in that area; and again, I don't want to define it as Winter Springs or Oviedo or Seminole County; but - use characteristics that would be available for that area." Commissioner Blake added, "I would like to work towards having a Planning Workshop, if you will, probably a quarter away - to give Staff time to get there - locate the appropriate Consultants." Commissioner Blake added, "Come up with an effective Overlay Area if you will, in any of these areas that either are or happened to be part - sometime in the future of Winter Springs that we can then point to and show these other governmental entities that we are taking a positive appropriate approach to the recognition that these environmental areas are going to develop in one way, shape or form and that we are trying to take a proactive approach to make sure that the character of the area is protected." Manager McLemore added, "In fact, I would like to bring you methodologies real soon." .:..:. AGENDA NOTE: THE FOLLOWING ADDITIONAL REPORT WAS DISCUSSED NEXT. .:..:. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 13, 2004 PAGE 30 OF 30 REPORTS REPORTS 606. Office Of The Mayor - John F. Bush Mayor Bush said to Mr. Lockcuff, "I noticed in driving up here tonight, coming off of Winter Springs Boulevard and turning - right, there are all kinds of tracks that have gone across the bricks." Mr. Lockcuff spoke of tack and said, "Fortunately, it is the same Contractor that is doing the Villagewalk, so we may - talk to them about, when they paint that, repainting this. At a minimum, they have got to clean up, because that is unacceptable. " ADJOURNMENT Mayor Bush adjourned the Meeting at approximately 11 :48 p.m. RESPECTFULLY SUBMITTED: LORENZO-LUACES, CMC LERK r ... ! ~~~ : /- :;~ ........ ,- "-' '/:~'~--' ~ .' _ _w- ~ ~ ~ ~r ~ . =,~~\- ~ . ~. ~ ,._,,,...........'.-:::,,.,'-.~ NOTE: These Minutes were approved at the January 10,2005 Regular City Commission Meeting.