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HomeMy WebLinkAbout2005 01 24 Consent 207 Approval January 10 Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING JANUARY 10,2005 CALL TO ORDER The Regular Meeting of Monday, January 10,2005 of the City Commission was called to order by Mayor John F. Bush at 6:30 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). ROLL CALL: Mayor John F. Bush, present Deputy Mayor Michael S. Blake, present Commissioner Robert S. Miller, present Commissioner Donald A. Gilmore, present Commissioner Sally McGinnis, present Commissioner Joanne M. Krebs, absent City Manager Ronald W. McLemore, arrived at 6:37 p.m. City Attorney Anthony A. Garganese, present The Pledge of Allegiance followed a moment of silence. Under Agenda Changes, Mayor Bush noted, "Item number '401', a Public Hearing is going to be moved to the next Meeting, the next regularly scheduled Meeting." Regarding moving Public Hearings Agenda Item "401" to the next regularly scheduled Meeting, Mayor Bush added, "This is at the request of the Property Owner, through Mr. [John] Baker [AICP, Senior Planner, Community Development Department.]" Brief discussion. "SO MOVED." MOTION BY COMMISSIONER McGINNIS. SECONDED BY DEPUTY MAYOR BLAKE. DISCUSSION. MAYOR BUSH CLARIFIED, "THE MOTION IS TO MOVE ITEM '401', PUBLIC HEARING, TO THE NEXT REGULARLY SCHEDULED MEETING. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY CUMMiSSiON REGULAR MEETING - JANUARY 10,2005 PAGE 2 OF 26 Discussion ensued on Regular Agenda Item "501." PUBLIC INPUT Mr. Tony Marasco, 1311 Deer Run, Winter Springs, Florida: spoke of the previous Eckerd's at State Road 419 and asked ifit could be made into a Library; and asked about the tar on the brick at the main entrance of Winter Springs Boulevard; and inquired when Winter Springs Boulevard could be repaved. AWARDS AND PRESENTATIONS None. .:..:. AGENDA NOTE: THE FOLLOWING CONSENT AGENDA ITEMS WERE DISCUSSED, BUT NOT NECESSARILY IN THE ORDER AS DOCUMENTED. .:..:. CONSENT AGENDA CONSENT 200. Police Department Requesting Commission Approval And Acceptance Of A Donation From Tuscawilla Home Owners Association In The Amount Of $5,000.00 To Purchase An Additional Full Service Canine. Brief discussion. CONSENT 201. Information Services Department Requests Authorization For The City Manger To Enter Into An Agreement With Florida League Of Cities (FLC) Consultants For Implementation Of The Records Management Plan Which Was Created In FY [Fiscal Year] 2004 And Approved On August 23, 2004, Regular Agenda Item 501. Approval Is Requested For Consulting In The Amount Not To Exceed $22,985.00 For 313 Hours Of Consulting For Project Oversight. Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CiTY CUMMISSIUN REGULAR MEETING - JANUARY 10,2005 PAGE 3 OF 26 City Manager Ronald W McLemore arrived at 6:37 p.m. CONSENT 202. Information Services Department Requests Authorization To Proceed With The Purchase Of LaserFiche Software, Support, Installation, And Training In The Amount Of $60,300.00. This Agenda Item was not discussed. CONSENT 203. Information Services Department Requests Authorization To Dispose Of Surplus Assets According To The Attached Disposition Sheets. Discussion. CONSENT 204. Fire Department Requesting Authorization For Emergency Roof Repairs To Fire Station #24 Including A Supplemental Appropriation Of $18,000.00. There was no discussion on this Agenda Item. CONSENT 205.1 Public Works Department Requesting The Commission Authorize A Supplemental Authorization For Amendment 78 For Additional Services To Design Magnolia Square Phase 2 And Town Center Trail Extension. No discussion. CONSENT 205.2 Public Works Department Requesting Authorization For Architectural/Engineering Design Services With Starmer Ranaldi Planning And Architecture Inc. For The Magnolia Square Phase 2 And The Town Center Trail Extension. With discussion, Commissioner Robert S. Miller commented that "Mr. Starmer's letter wasn't signed, and I want to make sure that we have a valid signed letter from him before we start." CITY OF WINTER SPRINGS, FLORIDA MINUTES CitY COivijyiiSSiON REGULAR MEETING - JANUARY 10,2005 PAGE 4 OF 26 CONSENT 206. Community Development Department Requests That The Commission Approve The Barclay Reserve Townhomes Final Subdivision Plat And Restrictive Covenants And Authorize Their Recordation, Subject To Conditions. Discussion. CONSENT 207. Office Of The Mayor Resolution Number 2005-01 - A Resolution Of The City Of Winter Springs, Florida Expressing Appreciation To Joanne M. Krebs For Her Service On The Planning and Zoning Board/Local Planning Agency. This Agenda Item was not discussed. CONSENT 208. Office Of The Mayor Resolution Number 2005-02 - A Resolution Of The City Of Winter Springs, Florida Expressing Appreciation To David W. McLeod For His Service On The City Commission. There was no discussion on this Agenda Item. CONSENT 209. Office Of The Mayor Resolution Number 2005-03 - A Resolution Of The City Of Winter Springs, Florida Expressing Appreciation To Ted J. Zeiher For His Service On The Oak Forest Wall And Beautification District Advisory Committee. No discussion. CONSENT 210. Office Of The City Clerk Requesting Approval Of The December 13, 2004 City Commission Regular Meeting Minutes. This Agenda Item was not discussed. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY CUMMISSiON REGULAR MEETING - JANUARY 10,2005 PAGE 5 OF 26 CONSENT 211. Office Of The City Manager ADD-ON Requesting That The City Commission Authorize A Supplemental Appropriation In The Amount Of $5,000.00 From The General Fund To The City Hall Line Code For "Art Walls" To Further Enhance The Lobby Area And Make It More Customer- Friendly. There was no discussion on this Agenda Item. "MOTION TO APPROVE COMMISSIONER MILLER. DISCUSSION. CONSENT AGENDA." MOTION BY SECONDED BY COMMISSIONER GILMORE. VOTE: COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. INFORMATIONAL AGENDA INFORMATIONAL 300. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. Commissioner Donald A. Gilmore said "Thanks for the map." Commissioner Sally McGinnis referred to the "Babcock Shopping Center", and said, "Does that - have a proper name?" Then, Commissioner McGinnis remarked that "A major portion of that was - the frontage was blown away during the Hurricane. What is the time frame for having that completed?" Mr. Baker said, "I don't know any timeframe. I will ask, and try to get back with you." Mayor Bush suggested to Mr. Baker, "Why don't you change that title on "Babcock Shopping Center" to what it really should be." Mr. Baker responded, "Yes." CITY OF WINTER SPRINGS, FLORlDA MINUTES ClTY CUMMiSSIUN REGULAR MEETING - JANUARY 10,2005 PAGE 6 OF 26 INFORMATIONAL 301. Community Development Department - Customer Service Department Requests The City Commission Consider Information About The Waiver Of Permit Fees Due To The Hurricanes In August And September Of 2004. This Informational Item Will Address Concerns By Commissioner Krebs. Discussion ensued with Ms. Max Epstein, Manager, Customer Service Division, Community Development Department. Regarding storm damage problems, Deputy Mayor Michael S. Blake said - "Is there some transitional period of time we can use after January 31 S\ to use a perhaps - different review process for folks that were just simply unable to get repairs done by the cut-off so they do not end up getting hit twice, because they had to wait a long time for repairs; even though they diligently attempted to get them done, and now they will have Permit Fees that they will have to pay on top of that?" Manager McLemore suggested, "We could have them sign some type of - Affidavit to that effect." Deputy Mayor Blake added, "Why don't we think about that and come back at the next Meeting which will still be in enough time to give us some time to act." INFORMATIONAL 302. Not Used. 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. This Agenda Item was not discussed. INFORMATIONAL 304. Fire Department Providing Information To The City Commission About Fire Safety Issues Concerning A Buildup Of Vegetative Debris Caused By The Hurricanes Of 2004. Discussion ensued with Fire Chief, Tim Lallathin on this issue who stated, "We will - produce material that will go on the City's Website, as well as be - available at the Fire Stations to instruct people how they can potentially make their lot fire-safe, especially those lots that back up to the forested areas." CITY OF WINTER SPRINGS, FLORlDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 10,2005 PAGE 7 OF 26 Chief Lallathin added, "As the year progresses, we will keep you updated if we see that this drought index increases, we will definitely update the Commission and keep them aware of the current condition of the City." Mayor Bush noted, "Something should go in the City's Newsletter about this as well, and include a contact." Chief Lallathin responded, "Yes." INFORMATIONAL 305. Utility/Public Works Department Providing The City Commission With The Conceptual Plan For The Utility/Public Works Compound. Discussion. INFORMATIONAL 306. Finance Department Wishes To Notify The Commission Of The 2005 Calendar Year Standard Mileage Rate Of 40.5 Cents Per Business Mile. There was no discussion on this Agenda Item. "MOTION TO APPROVE THE INFORMATIONAL - AGENDA." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE DEPUTYMAYORBLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 400. Office Of The City Manager And Office Of The City Attorney Request That The City Commission Approve On First Reading Ordinance 2005-05, Which Amends The City Code's Requirement That Utility Lines Be Placed Underground, And Also Requires Undergrounding Of Utility Lines Along S.R. [State Road] 434 And/Or Tuskawilla Road By Property Owners Developing Or Redeveloping Property Along Those Designated Areas. Mayor Bush stated, "Can we have a Motion to read by 'Title' only?" CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 10,2005 PAGE 8 OF 26 "SO MOVED." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. City Attorney Anthony A. Garganese read Ordinance 2005-05 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. Commissioner McGinnis said, "The word 'REDEVELOPMENT', do we need to define that?" Discussion. Next, Commissioner McGinnis inquired, "Can we put this on the Website then also?" Attorney Garganese said, "Certainly that's possible if you want to add something in addition to the Agenda Items that are already posted - on the Website." Commissioner McGinnis said, "Yes." Discussion. Commissioner Gilmore remarked that "In the Item '400' write-up, we have referred to utility service lines and when we read the actual Ordinance, it refers to overhead utility lines. Those are two (2) different types of lines." Commissioner Gilmore suggested, "We need to check with the Utility and see what they call these various lines." With discussion, Mr. Lockcuff said, "Transmission distribution service is clearly meant to include distribution and service..." Manager McLemore said, ".. .Not transmission..." Mr. Lockcuff added, "... Which is only the ones in the big easements." Commissioner Gilmore said, "I think that needs to be defined in this document." Mr. Lockcuff added, "We don't have any transmission along [State Road] 434 that cross - Tuskawilla [Road], but they're not parallel to, if you want to clarify that." Manager McLemore said, "We could further define that - we're not including transmission line - that is a good point." CITY OF WINTER SPRINGS, FLORIDA MINUTES ClTY CUMMISSIUN REGULAR MEETING - JANUARY 10,2005 PAGE 9 OF 26 Discussion followed on the costs related to underground utilities in the Village Walk area. Deputy Mayor Blake said to Attorney Garganese, "In Sec. 9-108..@l, the word 'offsite', I am having some problems with that." With discussion, Attorney Garganese commented, "I think the intent was that we were referring to utility lines that were maybe in the right- of-way not exactly on the property." Attorney Garganese added, "Let me look at that again." Deputy Mayor Blake noted, "Maybe the word 'on site' or 'off site.'" Mayor Bush mentioned, "There were two (2) items that were brought up and probably need to be in the Motion. One was Commissioner Gilmore's recommendation that the definitions be cleared up and I think that Anthony [Garganese] got that one." Mayor Bush added, "Also what Commissioner Blake just has brought up so that - Anthony [Garganese] is going to look at the wording on the... Attorney Garganese said, "...'On site' or 'off site'; and I will also clarify what 'redevelopment' is." Mayor Bush said, "Okay." MOTION TO "MOVE TO SECOND READING WITH THE AMENDED LANGUAGE." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR BLAKE: AYE MOTION CARRIED. PUBLIC HEARINGS 401. Community Development Department Presents To The Commission, The Second Reading Of Ordinance Number 2004-52, To Vacate And Abandon A Segment Of The David Drive Right-Of-Way (ROW). As noted under Agenda Changes, this Agenda Item was moved "To the next regularly scheduled Meeting." CITY OF WINTER SPRINGS, FLORlDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 10,2005 PAGE 10 OF 26 PUBLIC HEARINGS 402. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For Revising The Parkstone PUD [Planned Unit Development] Master Plan From The Plan Adopted By The Commission On July 26, 2004. This Item Is Continued From The December 13, 2004 Commission Meeting. Ms. Eloise S ahl strom, AICP, ASLA, Senior Planner, Community Development Department introduced this Agenda Item. Tape l/Side B Deputy Mayor Blake stated, "That Reef Bay Road - I still don't see resolution to my problem there." With discussion, Deputy Mayor Blake explained, "That road is designed to handle traffic coming in and out onto it, just like it is from the development across the street - the commercial parcel just to the east of there; just as it is for all the additional homes that already exist in Parkstone. To have an additional exit going out on [State Road] 434 where cars are going to be coming out, looking for a chance to get in to the roadway where traffic is traveling at fifty (50) to sixty (60) miles an hour, they are going to be focused looking far down the road to their left; they are not going to be looking to the right." Deputy Mayor Blake added, "It is absolutely irresponsible to have a normal egress going out to that location. That was never presented to us in that fashion, initially when it came by. Last time when it came up, we discussed it and I thought it was clear what would happen - it is still there and it has to go." Commissioner McGinnis remarked, "I totally agree with you Commissioner." Mr. Marek Bakun, Vice President of Operations, Morrison Homes, 151 Southhall Lane, Suite 200, Maitland, Florida: acknowledged that he had met with the Homeowner's Association. Manager McLemore spoke for the record about the road issue being discussed. Mayor Bush opened the "Public Input" portion of the Agenda Item. Mr. John Mai, 1243 Stone Harbor Road, Winter Springs, Florida: as the Parkstone Homeowner's Association's President, Mr. Mai spoke in favor of an additional exit out of the Landings at Parkstone. CITY OF WINTER SPRINGS, FLORlDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 10,2005 PAGE 11 OF26 Discussion. Mr. Neal Smith, 292 Tavestock Loop, Winter Springs, Florida: as a member of the Homeowner's Association, Mr. Smith spoke of also being in favor of an additional exit; and agreed that the back elevations look more like front elevations. Mr. Javier E. Omana, Vice President of Land Planning Operations, CPH Engineers, Inc., 1117 East Robinson Street, Orlando, Florida: stated, "Weare in concurrence with Staffs recommendation." Regarding the issue of the additional access point, Mr. Omana stated, "If you all want to take it away, we'll take it away; because this is a result of their wishes and desires. So it will function as egress emergency purposes and an exit movement to the right only. So, ifit your - desire to do away with that, Morrison Homes has no problem with that at all. Relative to other items with respect to the buildings, as Eloise [Sahlstrom] mentioned, we've broken this up right here." Mr. Russell Hawkins, 740 Seneca Meadows Road, Winter Springs Florida: also spoke on an additional access point. Mayor Bush closed the "Public Input" portion of the Agenda Item. Commissioner Miller stated, "I share Commissioner Blake's concerns about the exit onto [State Road] 434." Discussion ensued on Traffic Study results. Commissioner Miller said, "I will stand then - with my concerns about the second access or second way out. I don't think that is a good idea." With additional discussion, Commissioner Miller said, "I share Commissioner Blake's concerns. I would like to see you bring back some information on [State Road] 434 though, verify that with [F]DOT (Florida Department of Transportation)." Mr. Lockcuffsaid, "We're bringing the Traffic Study at the February meeting, and I will have all the Levels of Services." Discussion ensued on the Trail. Commissioner McGinnis said, "Assuming that this Trail is going to be used for many purposes including children which makes it a little bit different than pedestrians at the Town Center, could there be some kind - that is activated by a gate from the inside - could there be some kind of a little - blinker on the outside that could signal to those young kids?" Commissioner McGinnis added, 'An alert. Is that a possibility?" Ms. Sahlstrom responded, "I would think so. It also would be possible to make the texture of the pavement before it gets to the Trail - kind of a rumble texture." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY CUMMISSIUN REGULAR MEETING - JANUARY 10,2005 PAGE 12 OF 26 Commissioner Gilmore suggested, "If you put one of these - speed bumps - one that is about three inches (3 ") high and about six inches (6 ") wide across there, that is going to force people to creep over that thing and I would suggest that they would see if there was anybody on the Trail." Further discussion. "I WOULD LIKE TO MAKE A MOTION TO APPROVE THE REVISED P ARKSTONE PUD [PLANNED UNIT DEVELOPMENT] MASTER PLAN SUBJECT TO THE REEF BAY ROAD ENTRANCEWAY BEING BUILT ONLY AS AN EMERGENCY ENTRANCE AND NOT AS A REGULAR EGRESS FOR RESIDENTIAL TRAFFIC." DEPUTY MAYOR BLAKE ADDED, "AN UNPAVED, STABILIZED SURFACE." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: DEPUTY MAYOR BLAKE: AYE COMMISSIONER GILMORE: AYE COMMISSIONER McGINNIS: NAY COMMISSIONER MILLER: AYE MOTION CARRIED. PUBLIC HEARINGS 403. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For The Aesthetic Review Of The Landings At Parkstone Townhome Development. This Item Is Continued From The December 13, 2004 Commission Meeting. Ms. Sahlstrom introduced this Agenda Item. Tape 2/Side A Ms. Sah1strom further noted, "The Applicant has also indicated to me that if it is your desire for them to put in a solid wall, they will certainly comply with your wishes." Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES ClTY CUMMiSSIUN REGULAR MEETING - JANUARY 10,2005 PAGE 13 OF 26 Mr. Bakun addressed the City Commission on this project and explained, "There are three (3) four (4) unit buildings facing State Road 434. And in order to not have that cookie cutter architecture - what we wanted to do is show that the three units will each be slightly different and they'll fit together into a nice pattern." With discussion, Deputy Mayor Blake suggested, "Would it be possible to do perhaps a half solid wall with the wrought iron treatment on top of that?" Discussion. Mr. Omana further addressed the City Commission and stated, "This particular plan view shows unit number 16, which fronts the back of house, fronting on [State Road] 434, and it shows the existing condition. You have a thirty-five foot (35') setback from the property line to the back of house, vertical wall. There is a fifteen foot (15') wall and landscape easement in place. Within that fifteen foot (15') easement we have - where you see the column - the columns and the metal fencing in between the columns, because we have an existing continuous hedge that is a minimum of three feet (3 ') in height. What we are proposing in this particular option and is reflected in the civil engineering plans is that we're proposing to plant either a live oak or a magnolia tree, sixteen foot (16') in height at time of planting which translates anywhere from four to five inches (4"- 5 ") in diameter breast height (dbh) which I think will accomplish a tremendous amount of shadowing and also buffering and softening that back of house elevation, and will also hide, so to speak some of those items back there. As far as the continuous hedge as it is right now, that can be replaced for it to be even higher than what it is today." Manager McLemore said, "What actually I was recommending was four feet (4') of masonry and then two feet (2') of wrought iron treatment on top." Manager McLemore added, "Or either three feet (3') of masonry and three of wrought iron or four feet (4') of masonry and two feet (2') of wrought iron. Mr. Bakun said, "We're not against that I think if that's the Commission's decision - we're fine with proceeding." Deputy Mayor Blake said, "It would go exactly where the fencing already is." Deputy Mayor Blake then explained, "In other words, the - brick posts that are in place, or whatever those are called, those could remain and it would go between those." Mr. Bakun said, "Right. Again - if that's the Commission's wish." Commissioner McGinnis noted, "What I don't like is a high wall under any conditions." Commissioner McGinnis added, "I prefer landscaping. I think the preference for me to enhance a community is through extensive and lush and well maintained landscaping. So that would be my preference. I could certainly support a low fence with grill work at the top." Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 10,2005 PAGE 14 OF 26 Discussion ensued on roofing shingles. Mr. Liz Wirth, Purchasing Analyst, Morrison Homes, 151 Southhall Lane, Suite 200, Maitland, Florida: showed roofing shingle samples to the City Commission. Commissioner Miller remarked that regarding the proposed wall, "I think four [feet]/two [feet] (4'12') would probably be a good solution." Commissioner Miller added, "I would like Staff to provide her with - at some point - with all the projects we approved on the west side in the last four (4) or five (5) years, and look at the landscaping that was shown in the pictures such as Auto Zone, and - Walgreen's and several other ones there. It's just ragged looking and its run down." Commissioner Miller added, "The Hess Station is a good point." Commissioner McGinnis said, "I think HOA's (Homeowner's Association's) are more inclined to maintain a high level oflandscaping - it is the biggest investment they have." Furthermore, Commissioner McGinnis spoke for the record about Homeowner's Association's. Mayor Bush said to Manager McLemore, "Is there any reason it can't be written into this Agreement that that landscaping be maintained as presented." "I WOULD MAKE A MOTION WE APPROVE ITEM '403' WITH THE FOLLOWING PROVISIONS - THAT THE HOMES ON P ARKSTONE BOULEVARD ARE ALSO FINISHED OFF WITH THE AMENITIES THAT ARE THOSE THAT ARE FACING [STATE ROAD] 434 AND THAT WE HAVE A FOUR FOOT (4') MASONRY WALL WITH THE IRON OR SOME OTHER METAL - DECORATIVE FEATURE ON TOP OF THAT ON [STATE ROAD] 434 - TWO FEET (2') METAL - TO GIVE YOU SIX FOOT (6')." COMMISSIONER McGINNIS ADDED, "FOUR AND TWO." COMMISSIONER GILMORE NOTED, "RIGHT." MOTION BY COMMISSIONER GILMORE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. DEPUTY MAYOR BLAKE STATED, "JUST AS CLARIFICATION, ON PARKSTONE BOULEVARD, YOU ARE SUGGESTING THAT THE REAR OF THE BUILDING STRUCTURES WILL BE OF THE SAME ELEV A TION AS THOSE REQUIRED ON [STATE ROAD] 434?" COMMISSIONER GILMORE STATED, "YES." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY CUMMISSION REGULAR MEETING - JANUARY 10,2005 PAGE 15 OF 26 DEPUTY MAYOR BLAKE CONTINUED, "AND WHAT ABOUT WALL TREATMENT - THE MOTION WAS THAT IT WOULD HAVE THE SAME - FEATURES ALONG PARKS TONE AS IT HAD ALONG [STATE ROAD] 434. I AM JUST TRYING TO FURTHER DEFINE WHETHER THAT INCLUDES THE FOUR FOOT (4') AND TWO FOOT (2') SECTION OF THE WALL..." COMMISSIONER GILMORE SAID, "...WE CAN MAKE THAT AS PART OF THE MOTION." DEPUTY MAYOR BLAKE ADDED, "DID THE MOTION ALSO INCLUDE THE UPGRADED LANDSCAPE PLAN AS PRESENTED?" DEPUTY MAYOR BLAKE NOTED, "THE ENGINEER I BELIEVE DISCUSSED THE PLANTING OF THE TREES, OF SOME SIZE, FOUR TO FIVE INCHES (4"-5") DBH (DIAMETER BREAST HEIGHT) - APPROXIMATELY SIXTEEN FEET (16') IN HEIGHT, LIVE OAKS..." COMMISSIONER GILMORE ADDED, "...IF WE WANT TO INCLUDE THAT AS PART OF THE MOTION WE CAN. I WILL INCLUDE THEN THAT WE INCLUDE THE WALLS ON P ARKS TONE TO BE THE SAME AS THE WALLS ON [STATE ROAD] 434 AND THAT WE INCLUDE THE ADDITIONAL LANDSCAPING AS PRESENTED THIS EVENING." VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR BLAKE: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 500. Community Development Department - Planning Division Requests The City Commission Approve The Revised Final Engineering Plans For The Landings At Parkstone From The Plan Adopted By The Commission On July 26, 2004. This Item Is Continued From The December 13, 2004 Commission Meeting. Ms. Sah1strom spoke on this Agenda Item and pointed out that, "These Final Engineering Plans have not been reviewed again by DRC (Development Review Committee). They have incorporated the changes that you request, and so Staff is recommending approval, but subject to an additional Staff DRC (Development Review Committee) which may find some minor changes." CITY OF WINTER SPRINGS, FLORlDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 10,2005 PAGE 16 OF 26 Ms. Sahlstrom added, 'The division in the driveways I believe has not been defined as to whether that would be a stamped concrete or a strip of sod. That would be something for you to give comment to - direction to the Applicant as to what your desire is on that." Deputy Mayor Blake said "On the driveway breakup or separation, I think I originally discussed a landscaped field or a grass strip or something and we had discussed that that would be very, very difficult to maintain - so if it some other sort of xeriscape or a hardscape that is just really different and sets it off, whether it would be stamped or whatever, that would be fine for me." "I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE THE FINAL ENGINEERING PLANS FOR THE LANDINGS AT PARKSTONE, AS PRESENTED, SUBJECT TO CHANGES MADE EARLIER IN THE EVENING SPECIFICALLY TO THE REEF BAY ROAD ENTRANCE OR EXIT AND SUBJECT TO THE DRIVEWAY BREAKUP - TO BE PAVER OR PAVER-LIKE MATERIAL." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. "I WOULD LIKE TO MAKE AN AMENDMENT TO THE MOTION - TO ALLOW STAFF TO HAVE THE FLEXIBILITY IN FINALIZING THROUGH THE DEVELOPMENT REVIEW COMMITTEE ANY FINAL REGULATIONS THAT NEED TO BE ATTENDED TO." AMENDMENT TO THE MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: (ON THE AMENDMENT) DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMMISSIONER GILMORE: AYE MOTION CARRIED. VOTE: (ON THE MAIN MOTION, AS AMENDED) COMMISSIONER McGINNIS: AYE COMMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORlDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 10,2005 PAGE 17 OF 26 REGULAR 501. Utility/Public Works Department JJF4E1:El) Providing The City Commission With An Update On The Village Walk Project. Mr. Lockcuff introduced Mr. Greg Bishop, Capital Improvements Coordinator, Public Works Department who presented information related to this project. With discussion on the project, Mr. Bishop stated, "The other is a sample of the lighting which will be included in the hardscape plan. This is a sample of that lighting fixture for the pedestrian lighting which will be installed." Commissioner Miller and Commissioner McGinnis inquired, "How far apart?" Mr. Lockcuff said, "We could get you that." Mr. Bishop added, "It's not a standard distance from what the Florida Power rep has indicated to me. There will be twenty-one (21) installed on the south side and nineteen (19) installed on the north side of the road." Commissioner Miller said, "Could you get back to us and let us know how many feet apart that would be." Mr. Bishop responded, "Sure." Mr. Lockcuff said, "That will be in the next Capital Projects Report for the next meeting. " Discussion. While discussing sheet number L2.0 1, Mayor Bush inquired, "Have we showed this to the School Board - their sign? Maybe we should." With further discussion on entrances to businesses and the Badcock Shopping Center, Commissioner Miller said, "There are some areas of that street where the pavement comes within - it looks like almost a foot of the roadway - the sidewalk, and some of those items ought to be totally brick or something." Mr. Bishop noted, "In most areas, it will get some sort of ground cover." Commissioner Miller said, "We need to talk about that." Commissioner Miller added, "Some kind of brick ought to be put in there that just matches the brick paver on the intersections there." Discussion. Tape 2/Side B With further discussion, Mr. Lockcuff said to Commissioner Miller, "Would you like a copy of the Landscape plans?" Commissioner Miller responded, "Yes - maybe I will get with you - I would like to see - the whole thing; with where the trees are going to be and the landscaping." Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 10,2005 PAGE 18 OF 26 REGULAR 502. Community Development Department - Planning Division Requests That The City Commission Amend And Revise Its Schedule Of Filing Fees For Zoning And Planning Services By Adopting Resolution 2005-04. Ms. Sahlstrom presented her opening remarks on this Agenda Item. Much discussion. "I WOULD LIKE TO MAKE A MOTION WE ADOPT RESOLUTION 2005-04 - AS PRESENTED WITH THE EXCEPTION OF 'COMPACT DISCS (maps, etc.)' AND THE FEE THERE SHOULD BE FIVE DOLLARS ($5.00) WHICH APPROXIMATES ACTUAL COST OF DUPLICATING THEM." MOTION BY DEPUTY MAYOR BLAKE. MOTION DIED FOR LACK OF A SECOND. "MOTION TO TABLE." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. REGULAR 503. Community Development Department - Customer Service Department Requests The City Commission Consider Information About The Naming Of Two Streets: David McLeod Way And Roberts Lane As Requested By Commissioner Michael Blake. Ms. Epstein spoke on this Agenda Item. With discussion, Deputy Mayor Blake suggested, "Make up your - nice sounding name that goes along with it, and maybe bring us back a suggestion next - time that would be approved." Tape 3/Side A CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 10,2005 PAGE 190F26 Commissioner Gilmore suggested that "When this is submitted to us, please put a map on there, so that we know where it is." "I WOULD LIKE TO MAKE A MOTION THAT WE OFFICIALLY APPROVE THE NAMING OF 'DA VID McLEOD WAY', ON THE STREET AS POINTED OUT FROM MR. LOCKCUFF." MOTION BY DEPUTY MAYOR BLAKE. MAYOR BUSH ADDED, "SECONDED BY COMMISSIONER GILMORE." DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. Deputy Mayor Blake said, "I would like to ask that we direct Staff to do as we have already discussed, with finding an alternative solution to 'Sir Robert Lane'." REGULAR 504. Office Of The City Manager ADD-ON Requesting Consent And Authorization To Apply For $300,000.00 In HOME Again Funds Through The Florida Housing Finance Corporation (FHFC). Manager McLemore introduced this Agenda Item. With discussion, Deputy Mayor Blake said to Manager McLemore, "What is the difference between this and FEMA [Federal Emergency Management Agency] money coming up for repairs." Manager McLemore said, "I don't know the answer to that. I can get you that information." "I MAKE A MOTION TO APPROVE." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR BLAKE: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CiTY COMMiSSiUN REGULAR MEETING - JANUARY 10,2005 PAGE 20 OF 26 REPORTS REPORTS 600. Office Of The City Attorney - Anthony A. Garganese, Esquire Attorney Garganese noted that, "The County did timely file their Notice of Appeal regarding the Charter Amendment case, and we immediately filed a Notice of Cross- Appeal on several issues - the County's first initial brief will be due in the middle of March. When I get it, I will pass it along to the Council." Next, Attorney Garganese stated, "There is going to be an issue probably at the next Council Meeting - it involves a property called Fruitwood Park." With further comments, Attorney Garganese said, "We will bring that Agenda Item to you so you can - consider your options on that property." Attorney Garganese then remarked that "There has been a lot of discussion regarding the application of the Chapter 5 Arbor Ordinance with the Town Center and we probably in the next - month, we may be bringing an Agenda Item to clarify the Town Center Code with respect to the application of Chapter 5 of the Arbor Code. And we have had some discussion about that issue, but to give you a head's up, that there is likely going to be an Ordinance coming your way in about a month." Mayor Bush asked Attorney Garganese about the "Affordable Legal" signage issue. Discussion. REPORTS 601. Office Of The City Manager - Ronald W. McLemore Manager McLemore stated, "We are moving forward with negotiations with our Solid Waste Hauler - we are looking at an alternative to our current system." Manager McLemore added, "We would come back to you with at least two alternatives to look at; maintaining what we have and looking at the roll-out system - that is probably going to take another thirty (30) to forty-five (45) days to complete." Secondly, Manager McLemore mentioned, "Three (3), maybe four (4) really good candidates for the" Community Development Department Director. Manager McLemore added, "Probably will be doing interviews within two (2) weeks and completing that process hopefully within that two (2) to three (3) week time." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 10,2005 PAGE 21 OF 26 Manager McLemore reminded the City Commission next about the Meeting on 19th - with Victor Dover; and mentioned that "Additionally, we were trying to get as part of that Meeting, some update on the work that Walter Kulash is doing on [State Road] 434. It would be great if everybody could be there. I understand if - if you can't make it, but certainly we need our two (2) Commissioners who have not - had the opportunity to spend as much time on this as we have." Furthermore, Manager McLemore said, "We intend to start at 10:00 [a.m.] and go through - if we can get Walter [Kulash] in here, probably have a luncheon and be out of here by 2:00 [p.m.]." Discussion followed on 'T and D' and the intent of the Code as directed by the City Commission. Next, Manager McLemore mentioned wanting to hire a City Engineer; having some possible candidates, and distributed a document to the City Commission. Manager McLemore stated, "What we would propose is taking the major part of this item - this Stormwater Utility Fund because Stormwater is where the majority of that work would be; some from the Utility Enterprise Fund, again because of where the work would be; and a small portion from the General Fund." Discussion. "I MAKE A MOTION WE APPROVE THE BUDGET REQUEST FOR SEVENTY PERCENT (70%) STORMWATER, TWENTY PERCENT (20%) UTILITY ENTERPRISE, AND TEN PERCENT (10%) GENERAL FUND FOR THE REMAINDER OF FISCAL YEAR '05 TO FUND THIS POSITION." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER MCGINNIS. DISCUSSION. VOTE: DEPUTY MAYOR BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. REPORTS 602. Office Of The City Clerk - Andrea Lorenzo-Luaces No Report. REPORTS 603. Commission Seat Four - Sally McGinnis No Report. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 10,2005 PAGE 22 OF 26 REPORTS 604. Commission Seat Five - Joanne M. Krebs Absent. REPORTS 605. Office Of The Mayor - John F. Bush Mayor Bush mentioned cleaning up State Road 434. Next, Mayor Bush remarked, "I did receive a draft copy of the Seminole County Library Expansion Subcommittee Report." Mayor Bush added, "If you want to see the report - I will give this to Andrea [Lorenzo-Luaces, City Clerk] and she can make copies for you." Mayor Bush then remarked about an email from a citizen who referenced the Winn Dixie grocery store. It was noted that this property was in unincorporated Seminole County. Next, Mayor Bush said, "On January 20th, I will be attending the Oviedo Winter Springs Kiwanis Club meeting to - present a Proclamation." Mayor Bush commented that "At the CALNO [Council of Local Governments in Seminole County] Meeting this past week, they wanted some data on - how FEMA [FEDERAL EMERGENCY MANAGEMENT AGENCY] has responded to the City. Ron [McLemore], if I could get that for the next - CALNO [Council of Local Governments in Seminole County] meeting; and the other issue that was brought up - is the school crossing zones. The City of Oviedo was interested in this. They have looked at what we have done or what has been done on Tuskawilla Road in front of Keeth Elementary [School] and Indian Trails [Middle School] and CALNO [Council of Local Governments in Seminole County] was talking about maybe getting the cities together trying to come up with some kind of a recommendation that the County could use." Mayor Bush added, "I know that Chief [of Police, Daniel 1.] Kerr - probably knows more about this than anybody else, so I need to get with him." Mayor Bush next mentioned that "On Friday, January 14th, Cub Scout Pack 843 is going to be here at 9:00 [a.m.]. They want to, as part of their - earning merit badges, they want to raise and lower the flag - as part of their event, as well as - seeing City Hall. Who raises the flag and is it a problem if they raise it that day?" With further brief comments, Mayor Bush then asked, "Will there be someone here who could - help them?" Manager McLemore stated, "We'll make sure." CITY OF WINTER SPRINGS, FLORlDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 10,2005 PAGE 23 OF 26 Furthermore, Mayor Bush announced that "This Wednesday at 7:30 [a.m.] at the Rolling Hills Country Club, the Professional Business Association of Seminole County has a Meeting, which you all are always invited to - all the Commission is always invited. Chairman [Carlton] Henly of the Seminole County Commission is the featured speaker. He is going to - speak on the vision that the [Seminole] County Commission has for the County." Mayor Bush noted that "The Senior Center is having their Annual Meeting this Wednesday starting at 11 :00, at the Center. I will be there as well." Addressing Mr. Lockcuff, Mayor Bush said, "On Northern Way, almost where Deer Run t's into Winter Springs Boulevard, there is a piece of equipment that has been laying on the ground there, since the Hurricanes." Mayor Bush spoke next of the "Mayor's and Manager's Meeting - the 24th or the 26th. They moved it not to conflict with the [Seminole] County Commission meeting." Next, Mayor Bush mentioned, "I would like to - have a Lapel Pin with the SeaL" Mayor Bush asked about the status of any possible changes regarding the City's Seal/Logo. Also mentioned by Mayor Bush was the "Tri-County League of Cities Meeting on January the 20th, it is the same day as the Oviedo Chamber of Commerce which I have been asked to attend and actually - give the State of the City Address, which I will hopefully be giving at our next Commission Meeting - does any - Commissioner wish to attend the Tri-County League [of Cities] Meeting on the 20th [of January]?" Brief discussion. Commissioner McGinnis asked Mayor Bush, "Do you remember when we met with Oviedo and we agreed to - that some of the things we would work cooperatively with, one was parades. I read in the paper they are having a Martin Luther King Day Parade. Have they invited us?" Brief discussion. A cake was presented to Commissioner McGinnis in honor of her Birthday. REPORTS 606. Commission Seat One - Robert S. Miller Commissioner Miller spoke on the upcoming Scottish Highland Games being held at Central Winds Park and mentioned tickets for a free trip giveaway contest. CITY OF WINTER SPRINGS, FLORIDA MINUTES CiTY COiViiviiSSiON REGULAR MEETING - JANUARY 10,2005 PAGE 24 OF 26 Commissioner Miller then mentioned Agenda ADD-ON's and stated, "I would just like to encourage City Staff to review our agreement." Commissioner Miller added, "Let's try and hold the line on the last minute ADD-ON's, because everyone has to run in here and pick them up and then try and get caught up at the last minute, and I don't think it is fair to us." Commissioner McGinnis said to Commissioner Miller, "Speaking of the Scottish [Highland] Games - did we ask the High School to video tape it for the Public Access Channel?" Mayor Bush suggested, "Seminole County Government might want to do it." REPORTS 607. Commission Seat Two/Deputy Mayor - Michael S. Blake Deputy Mayor Blake remarked, "Did anyone get this invitation to catch up with the County?" Brief discussion ensued that the date of this event was being changed. Furthermore, Deputy Mayor Blake noted, "Some time ago, we reviewed some Appraisals on property owned by the City - that some of us feel- is surplus. Ron [McLemore], have we done anything further on that? Have we looked at a long-range plan and actually determined whether or not we are going to sell that?" Mr. Lockcuff said, "I am still working on the Appraisals." Deputy Mayor Blake inquired about the status of the tent on the comer. Brief discussion. Next, Deputy Mayor Blake said, "I noticed there is another Banner, hanging in the woods - over here, going into the Park" advertising the Scottish Highland Games. Deputy Mayor Blake added, "I think we might at this point in time, look for a more effective permanent type of changeable sign, but not your standard changeable sign." Deputy Mayor Blake suggested, "Even if it is a fixed frame that you have banners placed into, in other words, have the same artistic value that a banner would have, but have it in a fixed location where people will always know where to look, and it will have a very uniform dress to it." Deputy Mayor Blake spoke of an opening on the Planning and Zoning Board/Local Planning Agency and said, "I will have that next Meeting." Lastly, Deputy Mayor Blake stated, "Happy New Year." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 10,2005 PAGE 25 OF 26 REPORTS 608. Commission Seat Three - Donald A. Gilmore No Report. .:..:. AGENDA NOTE: THE FOLLOWING REPORTS WERE HEARD NEXT, IN THE ORDER DOCUMENTED. .:. .:. REPORTS REPORTS 603. Commission Seat Four - Sally McGinnis Commissioner McGinnis stated, "Did we ever find out how much money Doran gave." REPORTS 605. Office Of The Mayor - John F. Bush Mayor Bush remarked, "The Commission is aware that the County agreed with the color scheme on the bridge." REPORTS 607. Commission Seat TwolDeputy Mayor - Michael S. Blake .:. .:. AGENDA NOTE: THE FOLLOWING AGENDA ITEM WAS DISCUSSED NEXT, AS DOCUMENTED. .:..:. REGULAR AGENDA REGULAR 502. Community Development Department - Planning Division Requests That The City Commission Amend And Revise Its Schedule Of Filing Fees For Zoning And Planning Services By Adopting Resolution 2005-04. "MOTION TO TAKE '502' OFF THE TABLE." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 10,2005 PAGE 26 Of 26 VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE DEPUTYMAYORBLAKE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. "MOTION TO APPROVE ITEM '502'." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: DEPUTYMAYORBLAKE: AYE COMMISSIONER GILMORE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. ADJOURNMENT Mayor Bush adjourned the Meeting at approximately 10:13 p.m. LORENZO-LUACES, CMC CLERK APPROVED: i:~ ....,;;.... . ." F. BUSH OR NOTE: These Minutes were approved at the January 24, 2005 Regular City Commission Meeting.