Loading...
HomeMy WebLinkAbout_2007 05 14 City Commission Regular Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING MAY 14,2007 CALL TO ORDER The Regular Meeting of Monday, May 14, 2007 of the City Commission was called to Order by Mayor John F. Bush at 5:23 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Mayor John F. Bush, present Deputy Mayor Sally McGinnis, present Commissioner Robert S. Miller, present Commissioner Rick Brown, present Commissioner Donald A. Gilmore, absent Commissioner Joanne M. Krebs, present City Manager Ronald W. McLemore, absent Mr. Kip Lockcuff, P.E., Director, Public Works/Utility Department, present City Attorney Anthony A. Garganese, present A moment of silence was followed by the Pledge of Allegiance. INFORMATIONAL AGENDA INFORMATIONAL 100. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. Discussion ensued with Mr. John Baker, AICP, Senior Planner, Community Development Department. Deputy Mayor Sally McGinnis inquired, "Has the wall been completed in Compliance? Have they fixed the wall?" Mr. Randy Stevenson, AS LA, Director, Community Development Department spoke on what needs to be done and stated, "But I will follow up on that for you." Further discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 14,2007 PAGE 2 OF 17 INFORMATIONAL 101. Public Works Department Providing The City Commission With Information Regarding The Seminole Expressway (SR (State Road) 417) Widening Project. Brief discussion. INFORMATIONAL 102. Community Development Department - Building Division Inform The City Commission That The Building Division, In Cooperation With Seminole County And The Other Cities Within The County, Have Developed And Agreed To Use Standard Forms Commonly Used In The Construction Permitting Process. There was no discussion on this Agenda Item. INFORMATIONAL 103. Police Department Informing The City Commission Of Its Award Of A 2003 Subaru Forrester With 34,778 Miles On The Odometer From The Seminole County Sheriff's Office As A Result Of A Criminal Narcotics Investigation. No discussion. INFORMATIONAL 104. Information Services Department Wishes To Inform City Commission On Progress Of Upcoming Agenda Item Relative To Televising Of City Commission Meetings. This Agenda Item was not discussed. INFORMATIONAL 105. Office Of The City Manager Providing The City Commission With An Update On The State Of Winter Springs Golf Course. Discussion. "MOTION TO APPROVE" INFORMATIONAL AGENDA. MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 14,2007 PAGE 3 OF 17 VOTE: DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. CONSENT AGENDA CONSENT 200. Finance Department And Community Development Department Request The City Commission To Authorize A Supplemental Appropriation For The Notification Of The Public Hearing Scheduled For May 29, 2007 To Consider Increasing The Maximum Annual Capital And Maintenance Assessment Rates Relating To The Tuscawilla Lighting And Beautification Assessment Area - Phases I And II And The Oak Forest Assessment Area. No discussion. CONSENT 201. Public Works Department Requesting City Commission Authorization To Construct A 5-Foot Wide Sidewalk On Northern Way At The Fairway Oaks Subdivision And To Increase The Project Contingency Of The Dyson Drive Sidewalk Project By $25,000.00. There was no discussion on this Agenda Item. CONSENT 202. Office Of The City Manager Requesting The City Commission To Accept Settlement Of A Lawsuit Filed By The State Attorney General Against Brown & Brown, Inc. And Authorize The City To Execute A Release Of Future Claims Against Brown & Brown, Inc. Discussion. CONSENT 203. Fire Department Requesting A Supplemental Appropriation From The Medical Transport Fund To Purchase (3) Stryker Power-Pro Ambulance Cots By Piggybacking Off Of Clay County Fire Department Bid # 06/07-37. Brief discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 14, 2007 PAGE 4 OF 17 CONSENT 204. Office Of The City Clerk Requesting Approval Of The April 19, 2007 City Commission Workshop Minutes. This Agenda Item was not discussed. CONSENT 205. Office Of The City Clerk Requesting Approval Of The April 23, 2007 Special City Commission Meeting Minutes. Commissioner Robert S. Miller stated, "I would like to ask Staff to come back with a statement as to exactly what it was that we agreed to with regard to outbuildings and breezeways and all that." "I MAKE A MOTION THAT WE HAVE STAFF WRITE A - ONE (1) PARAGRAPH SUMMARY OF WHAT IT WAS THAT WE AGREED TO." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER BROWN : AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE MOTION CARRIED. CONSENT 206. Office Of The City Clerk Requesting Approval Of The April 23, 2007 Regular City Commission Meeting Minutes. There was no discussion on this Agenda Item. CONSENT 207. Information Services Department ADD-ON Requests Authorization To Dispose Of Surplus Assets According To The Attached Disposition Sheet(s). This Agenda Item was not discussed. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 14,2007 PAGE 5 OF 17 "MOTION TO APPROVE" CONSENT AGENDA. MOTION BY COMMISSIONER MILLER. SECONDED BY DEPUTY MAYOR McGINNIS. DISCUSSION. VOTE: COMMISSIONER BROWN : AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Public Works Department Requests That The City Commission Listen To A Presentation From Alison Stettner Of Florida's Turnpike Enterprise Regarding The Toll Amount At The SR (State Road) 417 / SR (State Road) 434 Interchange. Mr. Matthew B. Click, AICP, Intergovernmental Programs Coordinator, Florida's Turnpike Enterprise, Intergovernmental Programs Coordinator, Turnpike Mile Post 263, Building 5315, Ocoee, Florida: gave a presentation to the City Commission. Discussion. Mr. John M Post, Jr., PWS, PMP, PBS&J, Florida's Turnpike Enterprise, Intergovernmental Programs Coordinator, Turnpike Mile Post 263, Building 5315, Ocoee, Florida: addressed the City Commission on noise and a proposed sound wall. Discussion. Tape I/Side B Mr. Post stated, "We tried all we could - to make all of the subdivisions be able to get walls." Mr. Post added, "Again, we'll take another look at it during design and see what we can do." Deputy Mayor McGinnis asked, "Will this then deflect more noise - to the side that doesn't have it?" Mr. Post remarked, "No." Mayor Bush opened "Public Input", CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 14, 2007 PAGE 6 OF 17 Mr. Charles Lacey, 733 Bear Creek Circle, Winter Springs, Florida: representing the Tuscawilla Homeowner's Association, Mr. Lacey spoke for the Record that the Tuscawilla Homeowner's Association Board took a unanimous vote to support the City in their efforts, and are requesting that City Staff be assigned to this concern and that the City should keep the concerns of the impacted subdivisions in mind. Mr. Mervin Warner, 673 Keuka Court, Winter Springs, Florida: said he is the closest home to the expressway and commented on inferior landscaping that had died after it had been planted. Mr. Jim Mathews, 1824 Seneca Boulevard, Winter Springs, Florida: noted that supports the City's concern and spoke of Noise Reports. Ms. Pamela Carroll, 865 Dyson Drive, Winter Springs, Florida: noted her support of the Chelsea Woods subdivision and her concern with real estate values for Tuscawilla. Mr. Pat Rugg, 231 Blue Creek Drive, Winter Springs, Florida: spoke on the Chestnut Estates concern with the widening project; and noted computer models; and real noise level problems. Mr. Paul P. Partyka, 934 Contravest Lane, Winter Springs, Florida: spoke about the Oviedo/Winter Springs Chamber of Commerce and noted they would be proactive to ensure the quality of life for the community. Mayor Bush closed "Public Input". Mayor Bush called a Recess at 6:35 p.m. The Regular Meeting was called back to Order at 6:49 p.m. REPORTS REPORTS 400. Office Of The City Attorney - Anthony A. Garganese, Esquire No Report. REPORTS 401. Office Of The City Manager - Ronald W. McLemore Mr. Kip Lockcuff, P.E., Director, Public Works/Utility Department stated, "No Report." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 14,2007 PAGE 7 OF 17 REPORTS 402. Office Of The City Clerk - Andrea Lorenzo-Luaces, CMC City Clerk Andrea Lorenzo-Luaces mentioned that the Information Services Department asked that I try to see if July 30th, 2007 would be acceptable for a Workshop on WiFi? Deputy Mayor McGinnis stated, "Okay." No objections were noted. Mayor Bush said to let Staff know if there were any problems. MOTION TO NAME FIRE STATION 24 - IN HONOR OF CHIEF LALLA THIN. MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN : AYE COMMISSIONER MILLER: AYE MOTION CARRIED. REPORTS 403. Office Of The Mayor - John F. Bush Mayor Bush mentioned that the Tri-County League of Cities Luncheon is being held this Thursday, May 17th, 2007 at Yen Yen Restaurant. Mayor Bush mentioned he was working on coordinating a Meeting with Oviedo and Seminole County. REPORTS 404. Commission Seat One - Robert S. Miller Commissioner Miller asked about a Report from the Ad Hoc Winter Springs Open Space Committee? Mr. Stevenson stated, "We will have that for you on the 29th [May 2007]." Secondly, Commissioner Miller asked that Staff get with the waste refuse company about excess trash falling from the trucks around the City. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 14, 2007 PAGE 8 OF 17 REPORTS 405. Commissioner Seat Two - Rick Brown Commissioner Rick Brown asked if we could use our own decibel equipment to do our own Noise Study on the 417 Expressway that was discussed tonight? Mr. Lockcuff said, "We would have to look into it." Mayor Bush mentioned a University of Central Florida Professor we had hired before, as another source of assistance. Mayor Bush then asked the City Commission, "Does the Commission want to consider _ have Staff talk with the UCF [University of Central Florida] person on this issue?" Commissioner Krebs stated, "I would go along with that." No objections were noted. Mayor Bush added, "Everybody is in agreement with that Kip [Lockcuff]." Next, Commissioner Brown mentioned the City closing streets for City events and that businesses in the Town Center and within the City limits should be able to participate. "I WOULD LIKE TO MAKE A MOTION TO HAVE THE CITY MANAGER TO COME BACK NEXT WEEK WITH INFORMATION ON BEING INCLUSIVE OR EXCLUSION OF BUSINESSES THROUGHOUT THE CITY WHEN THE CITY ALSO PARTICIPATES IN EVENTS, REGARDLESS OF THEIR LOCATION WITHIN THE CITY OF WINTER SPRINGS." MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR McGINNIS. DISCUSSION. Commissioner Miller stated, "Point of Clarification " and spoke on the next Meeting. COMMISSIONER BROWN NOTED, "NEXT REGULARLY SCHEDULED MEETING." VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. Commissioner Brown then mentioned high speed rail, LYNX, and a possible meeting. Mayor Bush said he would try to get a meeting arranged. REPORTS 406. Commission Seat Three - Donald A. Gilmore Absent. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 14, 2007 PAGE 9 OF 17 REPORTS 407. Commission Seat Four/Deputy Mayor - Sally McGinnis Deputy Mayor McGinnis briefly referenced the Winter Springs Golf Course. Next, Deputy Mayor McGinnis asked if a Workshop could again be scheduled to discuss Workforce Housing, to replace the Workshop that was postponed from May 7, 2007. Mayor Bush stated, "Why don't we ask Andrea (Lorenzo-Luaces) to contact each of the Commissioners, get dates, possible dates." City Clerk Lorenzo-Luaces nodded affirmatively. REPORTS 408. Commission Seat Five - Joanne M. Krebs Commissioner Joanne M. Krebs complimented Mr. Tom Corkery on the Vistawilla Office Building and their efforts including the planters. Secondly, Commissioner Krebs mentioned attending a recent Code Enforcement Class "Given by Captain Tolleson, which by the way was very good Captain, very informative." Commissioner Krebs mentioned that comments on parking in yards came up at this Code Enforcement Class. Discussion. "I WOULD LIKE TO MAKE A MOTION THAT THE CODE [ENFORCEMENT] DEPARTMENT BRING BACK WITHffHROUGH THE CITY MANAGER - SOMETHING ON PARKING AS THE ISSUES AFFECT THE CITY." MOTION BY COMMISSIONER KREBS. SECONDED BY DEPUTY MAYOR McGINNIS. DISCUSSION. COMMISSIONER MILLER RECOMMENDED, "I WOULD LIKE TO SEE A MAP - STAFF SIT DOWN WITH A MAP OF THE CITY AND FIND OUT ALL THE STREETS THAT CAN ACCOMMODATE PARKING." COMMISSIONER KREBS ADDED, "MY MOTION WOULD INCLUDE A MAP." DEPUTY MAYOR McGINNIS SUGGESTED, "TRAFFIC CALMING IS ALSO AN ISSUE." VOTE: COMMISSIONER BROWN: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. Tape 2/Side A CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 14, 2007 PAGE 10 OF 17 PUBLIC INPUT Mr. George Colombo, 635 Marni Drive, Winter Springs, Florida: spoke as the President of the Highlands Homeowner's Association and said "We're sorry", and mentioned problems in the Highlands community with upkeep. Mr. Jack Graham, 667 Nighthawk Circle, Winter Springs, Florida: Mayor Bush stated, "Did not wish to speak but supports the presentation that was made by George [Colombo]. " Ms. Pat Rhind, 987 Troon Trace, Winter Springs, Florida: spoke of an attack on her in Tuscawilla and noted that there was no cell tower service when she tried to call for assistance; and was in favor of a Cell Tower and Police assistance. Ms. Pamela Carroll, 865 Dyson Drive, Winter Springs, Florida: mentioned that Ms. Rhind's incident had been mentioned at a Police/Citizen meeting; and spoke of her concerns with compatibility with a garage extension project. Mayor Bush mentioned former Commissioner Edward Martinez, Jr., former Mayor Paul P. Partyka, and former Commissioner Michael S. Blake who were in attendance. Mr. Ed Martinez, Jr., 205 Little Creek Lane, Winter Springs, Florida: spoke of utility billing problems he has had and asked what does the City Commission plan to do about this issue. Mr. Richard Mastroberte did not want to speak Mayor Bush stated, "You're opposed - this is the building." Ms. Martha Olsen, 605 Anhinga Road, Winter Springs, Florida: Mayor Bush stated, "Does not wish to address the Commission but she was in support of the Highlands presentation. " Mr. Luis Rios, 642 Saranac Drive, Winter Springs, Florida: Mayor Bush stated, "Does not wish to address the Commission but he is opposed to the widening of 417." Mr. Ayube (Benson) Kahn, 1464 Wescott Loop, Winter Springs, Florida: as the owner of Bruster's Ice Cream, Mr. Kahn thanked the Mayor and City Commission for road access and provided complimentary ice cream. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-MAY 14,2007 PAGE II OF 17 Mr. Kahn noted, "I would like to thank the Mayor as well as the Commission for giving us access and - also, Kip Lockcuff, Brian Fields, the City Manager and all the staff. Also, Ken Hutchings was also there late one night as well." Commissioner Miller stated, "Point of Clarification" and spoke of Utility Billing deposits. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Community Development Department Requests That The City Commission Hold A Public Hearing For The Aesthetic Review Of The Proposed Non-Illuminated Building Mounted Single Tenant Signage Totaling Approximately 37 Square Feet On Each Side For Both Front And Rear Of The Building At 1401 Town Plaza Court (Lot 1 Of Tuskawilla Office Park.) Mr. Baker briefly addressed the City Commission. Discussion. Mr. Baker commented, "We do recommend Approval as long as this is on both the front and the back and not just on the parking lot side." 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 MOVE WE APPROVE ITEM '500'." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN : AYE COMMISSIONER MILLER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MA Y 14,2007 PAGE 12 OF 17 REGULAR AGENDA REGULAR 600. Public Works Department Requests The City Commission Validate The Staff Recommendation Finding Orange Avenue To Be Built In Substantial Accordance With The Final Engineering Plans, To Accept The Public Infrastructure, And To Authorize Reimbursement To Levitt & Sons In The Amount Of $835,572.00 For The Design And Construction Of Orange Avenue Per The Developer's Agreement. Mr. Fields spoke on this Agenda Item. Discussion. "MOTION TO APPROVE ITEM '600'." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. REGULAR 601. Not Used. REGULAR 602. Community Development Department Requests The City Commission Consider A Conceptual Plan For A 5,000 SF (Square Foot) OfficelRetail Site On A Pie-Shaped 0.73 Acre Property At The Northeast Corner Of SR (State Road) 434 And Central Winds Drive (Also Abuts Central Winds Parkway A.K.A. (Also Known As) Old SR (State Road) 434), Within The Town Center. Mr. Baker spoke regarding this Agenda Item. Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 14, 2007 PAGE 13 OF 17 Mr. Bill Starmer, AlA, NCARB, Architect, President, Starmer, Ranaldi Planning and Architecture, Inc., 820 West Broadway Street, Oviedo, Florida: addressed the City Commission on this Agenda Item and commented that, "If you look at the retention ponds that we have here, they're fairly shallow so we're not intending them to be wet. If we can get away without making them wet, then it appears as open green space; it's grass that doesn't have - heavy landscape in terms of bushes and shrubs, but we will certainly look into it." Commissioner Brown commented, "Several months ago there was a conversation with - Winter Springs High School and their - committee about signage for the school, in and around this location and we were wondering how we could make that happen at the time. Now I am wondering, given the location of that retention pond on the right, and given the Commissioner's desire to do some kind of enlightenment there, if there would be an opportunity to partner with the school to do their sign as a part of some sort of treatment in that pond that could be lit - with their events and what not; coming into that very important entrance?" Mr. Starmer replied, "And that discussion actually has been made; not so much with the school, but perhaps more so with Central Winds. You know, can the City take the opportunity to advertise upcoming events. So, we've talked that through with the owner; they're certainly not opposed to that and they'd be willing to discuss it with you. So, I think that's - a very distinct possibility." Commissioner Brown asked, "Would you be point on that if I can get somebody from the school to give you a call?" Mr. Starmer replied, "Sure." Further discussion on signage. Mr. Stevenson asked, "I just want to know if we have - the flexibility of Staff to negotiate something maybe other than a fountain; maybe some up-lit trees and planters, things of this nature that would accomplish the same thing of a fountain by up-lighting, but it would also leave most of this storefront space open for pedestrians in here." Deputy Mayor McGinnis commented, "Yes." Mayor Bush asked, "So, you are recommending that you don't put a fountain at that particular location, but there could be other locations that would be..." Mr. Stevenson replied, "... Could be, but I'm also recommending that in addition to a fountain, that we have the flexibility to look at some other type of feature there, on that comer." Deputy Mayor McGinnis again commented, "Yes. I support that." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 14,2007 PAGE 140F 17 "MOTION TO APPROVE THE REVISED CONCEPT PLANS SUBJECT TO DOVER KOHL COMMENTS AND ANY DEVIATIONS FROM THE CODE THAT MUST BE ADDRESSED THROUGH A DEVELOPMENT AGREEMENT." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE MOTION CARRIED. REGULAR 603. Community Development Department - Planning Division Requests The City Commission Remove From The Table, Mr. Stan Toledo's Request For A Comprehensive Plan Amendment Changing The Future Land Use (Ordinance Number 2007-04) And Rezoning (Ordinance Number 2007-05) Of An 8.8 Acre Parcel, Located On The North Side Of SR (State Road) 434, East Of The Entrance To Barrington Estates And 600' (Feet) West Of DeLeon Street. Mayor Bush stated, "Can we have a Motion to remove from the Table?" "SO MOVED." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER BROWN : AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. Ms. Sahlstrom introduced this Agenda Item and mentioned a document she distributed. Mayor Bush stated, "What we need then is a Motion to put this as an Agenda Item for the May 29th, [2007] Meeting as a Public Hearing and First Reading." "SO MOVED." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 14, 2007 PAGE 15 OF 17 VOTE: COMMISSIONER MILLER: NAY COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR McGINNIS: AYE MOTION CARRIED. Discussion. Tape 2/Side B REGULAR 604. Community Development Department Requests The City Commission Review And Provide Comments For The Revised Sonesta Pointe Subdivision Concept Plan. Mr. Stevenson presented this Agenda Item. City Attorney Anthony A. Garganese remarked for the Record, "Randy (Stevenson), as you know, the Commission has already approved Final Engineering and a Development Agreement. If the Commission approves this Concept Plan, we have to come back to the Commission and revise all of those documents..." Mr. Stevenson commented, "... We will be bringing modifications - engineering the DA [Development Agreement] back." "MOTION TO APPROVE." MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR McGINNIS. DISCUSSION. VOTE: DEPUTY MAYOR McGINNIS: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. REGULAR 605. Community Development Department - Customer Service Division Requests The City Commission Consider An Appeal Of A Staff Decision To Deny A Building Permit On The Basis Of Neighborhood Compatibility And Harmony Involving A 1,024 Square Foot Detached Garage At 932 Arabian Avenue. (In Accordance With Emergency Ordinance Number 2006-08.) Mr. Stevenson introduced this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 14, 2007 PAGE 160F 17 Mr. Chuck Pratt, 972 Palmetto Street, Oviedo, Florida: as the Building Contractor, Mr. Pratt addressed the City Commission. Dr. Greg Jann, 5932 Arabian Avenue, Winter Springs, Florida: spoke to the City Commission regarding the attached garage and septic tanks. Discussion. Attorney Garganese commented, "There is a timing question. We can do some sort of Development Agreement whereby - the City will allow him to build a three (3) car garage. When that's completed, he has so much time to convert the two (2) car garage and if he doesn't convert the two (2) car garage, then he loses his Certificate of Occupancy for that three (3) car garage until he does it." Mr. Stevenson remarked, "As Anthony (Garganese) mentioned earlier, this is similar to what we did with the demo on the house and Staff would feel comfortable with that." Attorney Garganese added, "The Agreement would come back to the Commission." Mayor Bush said to Dr. Jann, "Does that make sense to you?" Dr. Jann replied, "Sounds great to me." Mayor Bush said, "Then I think, Commission, the Motion would be to deny the request; uphold Staffs decision, and then as Anthony (Garganese) said - get together with Staff to come back with a plan." Mr. Stevenson asked, "It appears that the Commission would support Dr. Jann's request to build a three (3) car garage, in an attached fashion, along with a Development Agreement that had a time certain for the - renovation of the two (2) car garage. If I'm hearing then, I think I am, then we probably won't be back before you, except with the Developer Agreement." Deputy Mayor McGinnis said, "This would not be visible." Deputy Mayor McGinnis added, "It is not going to protrude or stick out." "MOTION TO DENY - AND UPHOLD THE STAFF DECISION." MAYOR BUSH STATED, "MOTION BY COMMISSIONER MCGINNIS. SECONDED BY COMMISSIONER KREBS TO DENY THE APPEAL AND - UPHOLD STAFF DECISION." DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER MILLER: AYE COMMISSIONER BROWN : AYE DEPUTY MAYOR McGINNIS: AYE MOTION CARRIED. ADJOURNMENT Mayor Bush adjourned the Regular Meeting at 8:26 p.m. RESPECTFULLY SUBMITTED: A LORENZO-LUACES, CMC CLERK APPROVED: - .~~~ JO F. BUSH MA YOR : CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 14,2007 PAGE 170F 17 NOTE: These Minutes were approved at the May 29, 2007 Special City Commission Meeting.