Loading...
HomeMy WebLinkAbout2005 05 23 Consent Item 205, Ordinance 2005-13, Revises the "I-1 Light Industrial" CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 9,2005 PAGE 8 OF 35 YOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE DEPUTYMAYORBLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. PUBLIC HEARINGS AGENDA 5i ?~ . ..,., ~ -- ~ j u--.J tL.-J PUBLIC HEARINGS 400. Community Development Department - Planning Division and Planning And Zoning Board Requests The City Commission Hold A Public Hearing For First Reading Of Ordinance 2005-13, Which Revises The "1-1 Light Industrial" Zoning District's List Of Conditional Uses To Add ~~Automobile Major Service And Major Repair Establishments (Including Body Repairs And Painting)". Commissioner Gilmore left the dais at 7:31 p.m. Mayor Bush stated, "Can we have a Motion to read by 'Title' only?" "SO MOYED." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER MILLER. DISCUSSION. YOTE: COMMISSIONER KREBS: AYE DEPUTYMAYORBLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: NOT PRESENT FOR YOTE MOTION CARRIED. Commissioner Gilmore returned to dais at approximately 7:33 p.m. Attorney Garganese read the Ordinance by "Title" only. Mr. Randy Stevenson, AlCP, Director, Community Development Department introduced this Agenda Item. Mayor Bush opened the "Public Input" portion of the Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 9, 2005 PAGE 9 OF 35 No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. Discussion ensued on externalities and Deputy Mayor Blake suggested, "There may be some types of externalities that are so egregious that we really need to at least point out, just like we did the outside storage, is listed. That is one of those types of externalities that we have listed here. Noise, the air quality, pollution control devices - maybe we should not list them in the Ordinance, but we ought to at least go back to some administrative section somewhere that says, here are the different externalities that the City of Winter Springs is very concerned about and these must be tended to prior to coming forward." Manager McLemore said, "I think we can do what you're talking about. " "MOTION TO APPROVE ITEM '400'." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER GILMORE. MAYOR BUSH SAID, "MOVE THIS TO THE SECOND READING. DISCUSSION. VOTE: DEPUTYMAYORBLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE COMMISSIONER GILMORE: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. PUBLIC HEARINGS 401. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For The Aesthetic Review Of Tuscawilla Town Square (Which Includes Tuscany Restaurant) Located At 1301 Winter Springs Boulevard At Northern Way And Gary Hillery Drive. Ms. Eloise Sahlstrom, AICP, AS LA, Senior Planner, Community Development Department opened the discussion on this Agenda Item. 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 ..., I ~ ~ .... ~ -: lJ-..J ""--' CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING MAY 9, 2005 CALL TO ORDER The Regular Meeting of Monday, May 9, 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, present City Manager Ronald W. McLemore, arrived at 6:35 p.m. City Attorney Anthony A. Garganese, present The Pledge of Allegiance was followed by a moment of silence. PUBLIC INPUT Mr. Richard Grogan, 1 North Fairfax, Winter Springs, Florida: spoke of a robbery at his business and noted that he felt that the Police Department needs whatever funds they request. City Manager Ronald W. McLemore arrived at 6:35 p.m. Discussion. Mr. Greg Pike, 810 Shallowbrook Avenue, Winter Springs, Florida: as the President of the Winding Hollow Homeowner's Association, Mr. Pike spoke in favor of Regular Agenda Item "502". Mr. Paul Rosu, 2106 Kilamanjaoro Court, Apopka, Florida: asked when an Agenda Item related to Chapter 9 and platted lands would come before this City Commission. I ; ~=- . ..... . ..... ~ -... ~ --:: L!.-..J '---' .. . CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 9, 2005 PAGE 2 OF 35 Mayor Bush said, "Could we let Mr. Rosu know?" Mayor Bush added, "Andrea [Lorenzo-Luaces, City Clerk], can you work with the Manager on that and let Paul [Rosu] know when this Item is going to be on the Agenda?" City Clerk Lorenzo-Luaces nodded affirmatively. Mr. Robert D. Wright, 2315 Black Hammock Road, Oviedo, Florida: spoke on Agenda Item "503". Deputy Mayor Michael S. Blake stated, "We normally have an attendance requirement for any of the Boards that we appoint and I would expect that this would be the same with this Board as well, so that if somebody doesn't come to the Meetings, they miss I think generally, isn't it is three (3) Meetings, it would be a vacancy..." Commissioner Joanne M. Krebs added, "... Consecutive. . ." Deputy Mayor Blake noted, ".. .Right - it would be a vacancy at that point and it would be open for Appointment..." Commissioner Krebs added, ".. .That was also seven (7) in a twelve (12) month period." Mr. David Humbarger, 988 Shetland Avenue, Winter Springs, Florida: spoke in opposition to putting sidewalks on the west side of Shetland Avenue, and preferred Traffic Calming prior to putting any sidewalks in. AWARDS AND PRESENTATIONS Assisting Mayor Bush with the following Awards was Winter Springs High School Principal, Dr. Michael Blasewitz: AWARDS AND PRESENTATIONS 100. Office Of The Mayor Presentation Of A Certificate Of Recognition To Ms. Alexia Ash, A Senior At Winter Springs High School- In Honor Of Being Named A "Lombardi Scholar". Mayor Bush presented a Certificate of Recognition to Ms. Alexia Ash. AWARDS 101. Office Of The Mayor Presentation Of A Certificate Of Recognition To Mr. Ben Finley, A Sophomore Chemistry Honors Student At Winter Springs High School In Honor Of Being Selected To Participate In The 2005 NASA (National Aeronautics And Space Administration) Summer High School Apprenticeship Research Program. A Certificate of Recognition was presented by Mayor Bush to Mr. Ben Finley. ~ ffi ~ ~ --: ~ ;:...3 CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 9, 2005 PAGE 4 OF 35 Additionally, Certificates of Recognition were awarded to Winter Springs High School students - Ms. Jackie Boehme, Mr. Andrew First, Mr. Jeremy Hsu, Mr. Jason Kwong, Mr. Andrew Lai, Ms. Nicole De Paz, Mr. Travis Pillow, and Mr. Davis Tiblier who were commended for their successes during the Society of Technical Communication Science and Technical Writing Competition. Lastly, Mayor Bush recognized Mr. Andrew Lai, a Student at Winter Springs High School with a certificate of Recognition for winning Third (3Td) Place at the International Competition of the Society Of Technical Communication Science and Technical Writing Competition; and Mayor Bush recognized Winter Springs High School Student Mr. Andrew First, for taking First (1 st) Place at the International Competition of the Society of Technical Communication Science and Technical Writing Competition. CONSENT AGENDA CONSENT 200. Office Of The City Manager Requesting The City Commission Authorize A Supplemental Appropriation For Fiscal Year 2004-2005 In The Amount Of $125,000.00 From The General Fund Reserves To Special Legal Services (1220-53119). No discussion. CONSENT 201. Office Of The City Manager Requesting The City Commission To Approve A Billing Dispute Settlement Between The City And Unum Life Insurance Company. Discussion. CONSENT 202. Office Of The City Manager Requesting The City Commission To Adopt Resolution Number 2005-19 Memorializing Amendments To The City Pension Plan Approved By The Commission At Its August 30, 2004 Meeting. This Agenda Item was not discussed. ~ 1 ~ ~ :;.- "'-..;:I ...~ ~ '" """1 ~.J ;:...;s CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 9, 2005 PAGE 5 OF 35 CONSENT 203. Information Services Department Requests Commission Approval Of The Internet Web Site Posting Policy. Commissioner Sally McGinnis statedt "Joannet [Dalk~ Directort Information Services Department] this is greatt by the way. Would we post this entire Policy on the Web site?" Ms. Dalka respondedt "Yes." Commissioner McGinnis addedt "This is good - I thought it read very well.tt ~ ?..., ..", ~ "" ~ ~ LoA.) ~ Further discussion. CONSENT 204. Office Of The City Clerk Requesting Approval Of The April 25, 2005 Regular Meeting Minutes. There was no discussion on this Agenda item. "MOVE TO APPROVE." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER GILMORE. MAYOR BUSH ADDED, "MOTION TO APPROVE THE CONSENT AGENDA." DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE DEPUTYMAYORBLAKE: AYE COMMISSIONER KREBS: AYE COMMISSIONER MILLER: 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 statedt "I would like to compliment the Staff on having the map of the Town Center." Commissioner Gilmore addedt '''4' and '6' are reversed. " CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 9, 2005 PAGE 6 OF 35 Commissioner Robert S. Miller stated that regarding the "Lake Jesup Shores" project, "I would like to see some information come to US, sooner than later, before it becomes a Regular Item on our Agenda for approval - where is all of the traffic from that subdivision going to go?" Commissioner Miller added, "My concern is that there is only one way out of that area right now and that is the main entrance for the High School and for the park, and I don't know where that DOT (Department of Transportation) is going to allow us another access on that property, so the only other alternative that I can think of would be for them to go on the old [State Road] 434 road and go out on the west side." Tape lISide B With discussion on the DR! (Development of Regional Impact), Commissioner Gilmore said, "I think we owe it to inform the residents adjacent to that project living in Winter Springs of this change too." Mr. John Baker, AICP, Senior Planner, Community Development Department stated, "We can send out a mailing to the adjacent properties - is that what you're thinking?" Commissioner Gilmore said, "Yes - it would certainly be my wish that the people living adjacent to this be told about it." Discussion. Mayor Bush asked, "Is the Commission in agreement with the recommendation Commissioner Gilmore has made regarding informing the residents?" Commissioner McGinnis stated, "Yes, I am comfortable with that." Deputy Mayor Blake said, "Yes." Commissioner Miller added, "Yes." Manager McLemore inquired, "How far does that go?" Mayor Bush suggested, "Contiguous?" Deputy Mayor Blake said, "I would agree with contiguous, Mayor." Commissioner Krebs added, "I agree with contiguous." Commissioner McGinnis noted, "Yes." Regarding whether there was a consensus on Commissioner Miller's comments regarding "Jesup Reserve", Commissioner Miller said, "I was just looking for how the traffic was going to get out of this 'Jesup Reserve'?" Mayor Bush asked Mr. Baker, "Would that be covered in the Traffic Plan in this development?" Mr. Baker said, "Yes, Sir." Mayor Bush said, "I am concerned - I was coming down, heading east on [State Road] 434 at Hayes Road, and people are making u-turns and - there is not enough room to make a u-turn; people are having to stop and back up in the west bound lane of State Road 434 - no u-turn signs. Is there anything going to be done about this?" With discussion, Commissioner Gilmore said, "I think we need to encourage the State to look at this and if necessary move the sidewalks or do something." Mayor Bush asked, "Does the Commission agree with Commissioner Gilmore that maybe we would ask Kip [Lockcuff, Director, Public Works/Utility Department] to give us a little more information on this and some alternatives?" Manager McLemore stated, "Already noted." Mayor Bush added, "Everybody in agreement?" Commissioner McGinnis said, "Yes." Commissioner Krebs also stated, "Yes." :---J ~ I W I '-' ~ ----- ~ ~ L~ '--' CITY OF WINTER SPRINGS, FWRIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 9, 2005 PAGE 7 OF 35 INFORMATIONAL 301. Fire Department Requests That The City Commission Review The Results Of The City Of Winter Springs Employee Blood Drive. This Agenda Item was not discussed. INFORMATIONAL 302. Information Services Department Wishes To Update The Commission On The Status Of The I.T. (Information Technology) Plan Created In FY (Fiscal Year) 2002. No discussion. INFORMATIONAL 303. Utility Department Providing The City Commission With A Copy Of The Consumer Confidence Report That Will Be Sent To All Residents. There was no discussion on this Agenda Item. INFORMATIONAL 304. Office Of The City Manager Providing The Commission A Copy Of The Administrative Memorandum Of Understanding That Has Been Developed For Implementation Of The Agreement Between The City And Rotary Club Of Winter Springs For Construction Of The Veterans Memorial For Review. No discussion. INFORMATIONAL 305. Police Department Informing The Commission Of Its Efforts To Assist The Winter Springs Rotary Club In A Community Neighborhood Project. This Agenda Item was not discussed. "MOTION TO APPROVE." MOTION BY COMMISSIONER MILLER. "MAYOR BUSH NOTED, "MOTION TO APPROVE THE INFORMATIONAL AGENDA. SECONDED BY COMMISSIONER KREBS." DISCUSSION. - I . ; ~ I W ~ -- :. ~ L~.J L .I CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 9, 2005 PAGE 8 OF 35 VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE DEPUTYMAYORBLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. PUBLIC HEARINGS AGENDA 5i ?...... · ...J ~ ... ....:. ~ L-..J '---' PUBLIC HEARINGS 400. Community Development Department - Planning Division and Planning And Zoning Board Requests The City Commission Hold A Public Hearing For First Reading Of Ordinance 2005-13, Which Revises The "1-1 Light Industrial" Zoning District's List Of Conditional Uses To Add "Automobile Major Service And Major Repair Establishments (Including Body Repairs And Painting)". Commissioner Gilmore left the dais at 7:31 p.m. Mayor Bush stated, "Can we have a Motion to read by 'Title' only?" "SO MOVED." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE DEPUTYMAYORBLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: NOT PRESENT FOR VOTE MOTION CARRIED. Commissioner Gilmore returned to dais at approximately 7:33 p.m. Attorney Garganese read the Ordinance by "Title" only. Mr. Randy Stevenson, AICP, Director, Community Development Department introduced this Agenda Item. Mayor Bush opened the "Public Input" portion of the Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 9, 200S PAGE 9 OF 3S No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. Discussion ensued on externalities and Deputy Mayor Blake suggested, "There may be some types of externalities that are so egregious that we really need to at least point out, just like we did the outside storage, is listed. That is one of those types of externalities that we have listed here. Noise, the air quality, pollution control devices - maybe we should not list them in the Ordinance, but we ought to at least go back to some administrative section somewhere that says, here are the different externalities that the City of Winter Springs is very concerned about and these must be tended to prior to coming forward." Manager McLemore said, "I think we can do what you're talking about. " "MOTION TO APPROVE ITEM '400'." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER GILMORE. MAYOR BUSH SAID, "MOVE THIS TO THE SECOND READING. DISCUSSION. VOTE: DEPUTYMAYORBLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE COMMISSIONER GILMORE: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. PUBLIC HEARINGS 401. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For The Aesthetic Review Of Tuscawilla Town Square (Which Includes Tuscany Restaurant) Located At 1301 Winter Springs Boulevard At Northern Way And Gary Hillery Drive. Ms. Eloise Sahlstrom, AICP, ASLA, Senior Planner, Community Development Department opened the discussion on this Agenda Item. 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 ..J I ~ ~ .. ~ ~ L....!.J '-J CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 9, 2005 PAGEIOOF35 Mr. Bill Starmer, Architect, Starmer Ranaldi Planning and Architecture (sri), 890 Northern Way, Winter Springs, Florida: representing the Mr. Alec String the Developer for this project, Mr. Starmer stated that in regards to this Agenda Item, "The restaurant in question, Tuscany's is going to undergo some renovation to bring it in line with the aesthetic style of the buildings that are built there." Mr. Starmer noted that Mr. String's "Intent - is to make the renovations to this facility within the same timeframe that the new building is being built. And, what that tells you is that probably within the next six (6) to twelve (12) months, hopefully the new buildings will be under construction and at that time, we will have a design for the renovation of that building into the City for submittal. " Regarding issues mentioned about the restaurant in question, Manager McLemore suggested to the City Commission, "All you need to do is put it in the Public Record that you will not issue a Building Permit until they resolve this to your satisfaction." Commissioner Krebs said, "Okay." Commissioner Gilmore remarked, "Sounds good." Commissioner Krebs stated, "It sounds good." Mayor Bush remarked, "On page 3 of the information that we have; it says 'No upgrades to the existing Tuscany's restaurant building are proposed, except for the addition of some decking.' Is that still true?" Mr. Starmer stated, "I think that statement in context is true and basically that's the Staff telling you that nothing, no improvements to Tuscany's has been proposed. And we didn't include it. Now we are trying to get the building permit and we're trying to get the process going for Buildings 1 and 2. We're standing here telling you - publicly now that we will be improving that and we will bring that forward to the Staff and Commission for approval." Regarding the proposed style of this project, Mr. Starmer noted, "I'm not sure I support the statement that it won't be in line with the Key West - I think it will be. We're changing the roof to match what the new buildings are; we're going to change the exterior material and color to match what the new buildings are going to be; so I think it will be very much in keeping with that Key West theme." Furthermore, Mayor Bush commented that "Staff had made the comment here that it says Tuscany's restaurant currently has a green asphalt roof, stucco and wood siding and that was very much in contrast to the proposed development." Mr. Starmer stated, "We would concur. We are going to try and solve that." "I WOULD MAKE A MOTION WE APPROVE ITEM '401' AND THE MANAGER WILL CONTINUE TO KEEP HIS EYE ON WHAT IS HAPPENING WITH SHIELDING OF THE MOPS AND THAT AT TUSCANY'S RESTAURANT." MOTION BY COMMISSIONER GILMORE. "MAYOR BUSH NOTED, "I BELIEVE HIS RECOMMENDATION WAS - THE MOTION WOULD STATE THAT NO BUILDING PERMIT WOULD BE - UNTIL IT WAS SOLVED TO THE COMMISSION'S SATISFACTION." ~ I ~ ; i!i; I ..... ~ .. ~ :j L...:::2 l.-...J CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 9, 2005 PAGE 11 OF 35 MANAGER McLEMORE NOTED, "THE ONLY THING I AM SAYING IS YOU WOULD NOT ISSUE A BUILDING PERMIT - ON THIS BUILDING AT ISSUE - THAT YOU WOULD ALLOW THE ADDITIONAL CONSTRUCTION TO GO FORWARD." COMMISSIONER GILMORE ADDED, "OKAY - THEN THAT IS WHAT I JUST SAID - WHEN WE GET TO A PERMIT FOR TUSCANY'S, THAT IS WHEN WE WILL STOP IT - BUT WE WILL ALLOW THIS BUILDING TO GO AHEAD." COMMISSIONER GILMORE RESTATED HIS MOTION FOR THE RECORD AS, "I MAKE A MOTION THAT WE APPROVE ITEM '401' FOR THE AETHESTIC REVIEW OF THE - TUSCA WILLA TOWN SQUARE WITH THE STIPULATION THAT THEY CONSIDER WHEN THEY DO THE TUSCANY'S DESIGN THAT THEY SOLVE THIS PROBLEM WITH THE RESTAURANT VISABILITY PROBLEM - TO THE SATISFACTION OF THE COMMISSION." SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. ~ e;; I'd ::" IR: ~ ~ L~.J '-' VOTE: COMMISSIONER GILMORE: AYE DEPUTYMAYORBLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. PUBLIC HEARINGS 402. Community Development Department Recommends The City Commission Hear The Request For A Waiver From Section 6-86. By Way Of Subsection 20-354. (d) (7) Of The City Code Of Ordinances, To Allow An Addition To An Existing Residence At 688 Saranac Drive, Tuscawilla Unit 14A, Lot 104. Mr. Baker introduced this Agenda Item. 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. Deputy Mayor Blake commented on advocacy and whether this request should have been a 'Variance' rather than a 'Waiver'." Deputy Mayor Blake spoke on Staffs Recommendations, to which Manager McLemore, stated, "I think your point is well taken; we will certainly have that discussion." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 9, 2005 PAGE 12 OF 35 Much discussion. Tape 2/Side A "I AM GOING TO PROPOSE THAT WE APPROVE THIS ITEM '402' - I AM MAKING A MOTION TO THAT EFFECT RIGHT NOW AND IF THE ATTORNEY IN HIS ULTIMATE WISDOM FINDS OUT THAT COMMISSIONER BLAKE'S ISSUES ARE REALLY GERMANE TO THIS DECISION WE ARE MAKING HERE, THEN BRING IT BACK." MOTION BY COMMISSIONER MILLER. MAYOR BUSH SAID, "SECONDED BY COMMISSIONER GILMORE." DISCUSSION. VOTE: DEPUTYMAYORBLAKE: NAY COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. PUBLIC HEARINGS 403. Community Development Department Recommends The City Commission Hear The Request For A Waiver From Section 6-86. or The City Code or Ordinances, By Way or Subsection 20-354. (d) (7), To Allow A Builder To Construct 8 (Eight) Homes, Consistent With The Existing Development In The Greenspointe Subdivision, Within The Highlands PUD (Planned Unit Development). Mr. Baker presented his opening remarks as they pertained to this Agenda Item. Discussion. Mayor Bush opened the "Public Input" portion of the Agenda Item. Ms. Helga Schwarz, 720 Galloway Court, Winter Springs, Florida: as the Highlands Homeowner's Association Vice President, Ms. Schwarz mentioned a letter from the Greenspointe Homeowner's Associations' Architectural Review Board; the Highlands Homeowner's Association's; and issues related to this Agenda Item. : p I W I W ~ -- -- ~ L~...1 ......., - . CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 9, 2005 PAGE 13 OF 35 Ms. Katherine Graham, 667 Nighthawk Circle, Winter Springs, Florida: noted she was not in favor of changing the setbacks; and suggested that the City Commission deny or Table this Application. Mr. Gary Diller, 609 Nighthawk Circle, Winter Springs, Florida: as the President of the Greenspointe Architectural Control Committee, Mr. Diller spoke of setbacks in the Greenspointe subdivision. Ms. Helga Schwarz, 720 Galloway Court, Winter Springs, Florida: spoke as a resident on the Greenspointe community, and the Lots in question. Mayor Bush closed the "Public Input" portion of the Agenda Item. Mr. Allen Epstein, 22 Spring Ridge Drive, Debary, Florida: stated, "The Builder has always filed with Greenspointe and Highlands for approval of anything he has built and intends to do the same now." Discussion. Tape 2/Side B Attorney Garganese spoke for the Record on "Waivers". Photographs were then shown to the City Commission; and Mayor Bush asked about a pile of pallets on one of the Lots in question and asked if this was a Code Violation. Captain Glenn Tolleson, Police Department spoke for the Record on a pile of pallets and whether it showed a Code Violation; to which Captain Tolleson said, "We currently do have Relief Orders on some of those vacant lots and we have cited some of these others, but without looking at the file, I couldn't tell you which of the Lots it is." Mayor Bush then said to Captain Tolleson, "But looking at that right there, do you believe that is a Code Violation?" Captain Tolleson responded, "Yes." Further discussion. COMMISSIONER MILLER STATED, "MY CONCERN IS WE HAVE SHOWN DOCUMENTS HERE THIS EVENING THAT APPEAR THAT THERE IS A COORDINATION THING THAT IS SUPPOSED TO TAKE PLACE WITHIN THIS - THAT HAS NOT TAKEN PLACE. THAT TO ME IS A CONCERN. BASED ON THAT, I AM GOING TO MAKE A MOTION THAT WE POSTPONE THIS ITEM UNTIL TWO (2) WEEKS OR SOME DATE - THE NEXT REGULARLY SCHEDULED MEETING." MOTION BY COMMISSIONER MILLER. SECONDED BY DEPUTY MAYOR BLAKE. DISCUSSION. I ; ;, · ....J . .... ~ -- :. -~ L......J '--J .. . CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 9, 2005 PAGE 14 OF 35 DEPUTY MAYOR BLAKE STATED, "I THINK WE SHOULD POINT OUT EXACTLY WHAT WE NEED WHEN IT COMES BACK, AS THE CITY MANAGER HAS SUGGESTED; AND I THINK WHAT COMMISSIONER MILLER HAS SAID IS THAT HE WOULD LIKE TO SEE SOME PROOF OF COORDINATION WITH THE OTHER ENTITIES THAT WILL EVENTUALLY HAVE SOME SAY OF INPUT ON THIS. SECONDLY, I WOULD LIKE TO ADD THAT I WOULD LIKE TO HAVE A LISTING OF SETBACKS OF ALREADY DEVELOPED PROPERTIES SHOWING MINIMUMS AND MAXIMUMS, FRONT SETBACKS, SIDE SETBACK EACH, AND THE REAR SETBACK OF WHAT HAS ALREADY BEEN DEVELOPED, SO THAT WE CAN DETERMINE WHETHER OR NOT CRITERIA LISTED IN 20-34. (a) EXISTS, BECAUSE THAT HAS NOT BEEN SPELLED OUT IN OUR STAFF REPORT, NOR HAS IT BEEN SPELLED OUT FROM THE BOARD OF ADJUSTMENT OR THE P AND Z [PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY] BOARD - SO I WILL AMEND." AMENDMENT TO THE MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. ATTORNEY GARGANESE SAID, "I THINK WE JUST NEED TO GO BACK AND JUST CHECK THE ARCHIVES JUST TO SEE IF THERE IS ANY FINAL DEVELOPMENT PLAN OR MASTER PLAN FOR THIS PARTICULAR AREA. I AM NOT TALKING ABOUT DECLARATIONS AND COVENANTS, BUT TO SEE IF THERE IS SOMETHING OUT THERE TO SHED SOME LIGHT, LIKE A DEVELOPMENT ORDER, FINAL DEVELOPMENT PLAN." VOTE: (ON THE AMENDMENT TO THE MOTION) COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE DEPUTYMAYORBLAKE: AYE MOTION CARRIED. VOTE: (ON THE MOTION, AS AMENDED) DEPUTYMAYORBLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE COMMISSIONER GILMORE: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. ~~ ~ ~ ~ '"C --: V..1 ~ CITY OF WINTER SPRINGS, FWRIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 9. 2005 PAGE 15 OF 35 Deputy Mayor Blake then stated, "Can the Clerk state the next regularly scheduled Meeting so that we can preserve all advertising etceteras associated with this Public Hearing item." City Clerk Lorenzo-Luaces stated, "The next Meeting is Monday, May 23"\ 2005." Mayor Bush called a Recess at 9.'21 p.m. The Meeting reconvened at 9:44 p.m. Commissioner Gilmore returned to the Commission Chambers at 9.'45 p.m. PUBLIC HEARINGS 404. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For First Reading And Transmittal To Consider A Large Scale Comprehensive Plan Text Amendment For Ordinance [Number] 2005-12 (Referenced As LS-CPA-05-07), Which Amends The Conservation Element And The Future Land Use Element Relating To Upland Wetland Buffers. Mayor Bush stated, "May 1 have a Motion to read by 'Title' only?" "SO MOVED." MAYOR BUSH STATED, ""MOTION BY COMMISSIONER KREBS - SECONDED BY COMMISSIONER MILLER." DISCUSSION. VOTE: COMMISSIONER MILLER: AYE DEPUTYMAYORBLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" only. Ms, Sahlstrom noted, "I will just remind the audience if anybody wants to sign up for being on the notification sheet from the State, there is a sign-up sheet in the hallway and we are required by Statute to provide that." Ms. Sahlstrom then presented this Agenda Item and pointed out, "We did say, in what you have before you tonight, the mitigation requirements of the St. Johns River Water Management District in looking at that further - Staff recommends that that should say 'Pertinent Regulatory Agency' because St. Johns [River Water Management District] is not always the Agency to oversee mitigation." - I .~ ~ I ~ ~ - ~ ~ L-..J t.....J CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 9, 2005 PAGE 16 OF 35 Mayor Bush opened the HPublic Input" portion of the Agenda Item. No one spoke. Discussion. - I . ; ?..... · ...J ~ -= ~ ~ L!......J '--' Mayor Bush closed the HPublic Input" portion of the Agenda Item. Manager McLemore returned to the Commission Chambers at 9:52 p.m. Tape 3/Side A "MOTION TO APPROVE ITEM '404' - TO TRANSMIT." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE DEPUTYMAYORBLAKE: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. PUBLIC HEARINGS 405. Public Works Department - Stormwater Division Requests The City Commission Hold A Public Hearing For First Reading or Ordinance [Number] 2005-15 Increasing The Monthly Stormwater Utility Rate From $3.25 To $5.50. Mayor Bush stated, "Can we have a Motion to read by 'Title' only?" "SO MOVED." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. Mr. Lockcuff spoke on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 9, 2005 PAGE 17 OF 35 Mayor Bush opened the "Public Input" portion of the Agenda Item. Mr. Edward Martinez, Jr., 205 Little Creek Run, Winter Springs, Florida: suggested the City Commission consider further tax increases related to this Agenda Item. Ms. Helga Schwarz, 720 Galloway Court, Winter Springs, Florida: spoke on this Agenda Item in relation to the Clean Water Act. Discussion. - I 8-1 ~ . ..... . ..... ~ ... ~ ~ L-.J l....J Mayor Bush closed the "Public Input" portion of the Agenda Item. "I MOVE THAT WE APPROVE STORMW ATER UTILITY RATE FROM $3.25 TO $5.50." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. DEPUTY MAYOR BLAKE ASKED, "WHEN IS THAT EFFECTIVE?" MR. LOCKCUFF SAID, "SECOND READING." COMMISSIONER McGINNIS ADDED, "MOVE TO SECOND READING." WITH DISCUSSION ON BILLING CYCLES, DEPUTY MAYOR BLAKE STATED, "I JUST THINK WE NEED TO MAKE SURE THAT IT STARTS IN THE SAME CYCLE FOR EVERYBODY." MANAGER McLEMORE SUGGESTED, "CYCLE ONE." DEPUTY MAYOR BLAKE ADDED, "YES, WHENEVER THAT IS." DEPUTY MAYOR BLAKE THEN SAID TO ATTORNEY GARGANESE, "HOW DO WE DO THIS TO MAKE SURE THAT THE BILLING WILL BE EFFECTIVE OF THE NEXT CYCLE ONE BILLING DATE, AFTER PASSAGE?" ATTORNEY GARGANESE RESPONDED, "WE'LL CHANGE THE EFFECTIVE DATE BEFORE SECOND READING TO MAKE THAT POINT IF THAT'S WHAT THE COMMISSION WANTS TO DO." MAYOR BUSH ASKED, "IS THE COMMISSION IN AGREEMENT WITH THAT?" COMMISSIONER KREBS RESPONDED, "YES." COMMISSIONER McGINNIS SAID, "FINE." NO OBJECTIONS WERE NOTED. DEPUTY MAYOR BLAKE ADDED, "THEY ARE DIRECTED SO THEY WILL BRING IT BACK CHANGED AT SECOND READING." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 9, 2005 PAGE 18 OF 35 VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER KREBS: AYE DEPUTYMAYORBLAKE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEMS ARE DOCUMENTED IN THE ORDER THEY WERE DISCUSSED. .:..:. REGULAR AGENDA REGULAR 509. Parks And Recreation Department Requesting The City Commission Approval To Apply For A Community Development Block Grant (CDBG) For Expansion Of The Senior Center At Sunshine Park And Authorize The City Manager To Apply For This Grant On Behalf Of The City Of Winter Springs. Mr. Chuck Pula, Director, Parks and Recreation Department presented this Agenda Item. Discussion. "I WOULD LIKE TO MAKE A MOTION WE DIRECT CITY MANAGER TO APPLY FOR THE GRANT ON BEHALF OF THE CITY OF WINTER SPRINGS." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. MANAGER McLEMORE SPOKE ON SAFETY ISSUES, AND ADDED, "WE HAVE A HIGH DEGREE OF USAGE OF OUR - SENIOR CITIZENS CENTER OF PEOPLE WHO LIVE OUTSIDE THE CITY OF WINTER SPRINGS - THEREFORE WE ARE TO SOME EXTENT CREATING OUR OWN DEMAND HERE AND THIS COMMISSION NEEDS TO DEAL WITH THIS ISSUE, SO BEFORE I THINK THAT WE GO TOO MUCH FURTHER WITH THIS AND I DON'T HAVE ANY PROBLEM GOING FORWARD WITH THE GRANT, WE NEED TO LOOK INTO THIS THING OF UTILIZATION AND WHAT WE'RE DOING IN TERMS OF CONTINUALLY ENLARGING THE CENTER AND HOW IT BENEFITS OR DOESN'T BENEFIT AND HOW WE NEED TO DEAL WITH THAT AS A MATTER OF POLICY." ~ p . .... . .... ::.;u -= .. ~ L...!.J l. -' CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 9, 2005 PAGE 19 OF 35 FURTHERMORE, MANAGER McLEMORE ADDED, "WE NEED TO HAVE THAT DISCUSSION AS A POLICY MATTER WITH THIS COMMISSION." COMMISSIONER McGINNIS ADDED, "I AGREE." VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER KREBS: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Mayor Bush stated, "Does the Commission want to bring some information back on his comments about usage?" Commissioner McGinnis stated, "Yes." Commissioner Krebs stated, "I am fine with the way it is." Commissioner Gilmore agreed. Deputy Mayor Blake commented, "He is talking about looking at a fee structure for non-residents. 1 think if we are going to build that pool, and the expansion - we need to not ignore that." Commissioner Miller noted, "I am fine with the way it is right now." In summary, Mayor Bush explained that "It is a three-two (3-2) to do it - Commissioner McGinnis, Gilmore and Blake agreed." REGULAR 500. Community Development Department - Planning Division Requests That The City Commission Consider And Approve A Final Engineering/Site Plan For A 10,028 Square Foot, One-Story Retail Sales Building On A 1.254 Acre Tract On SR (State Road) 434 At Hacienda Drive. Ms. Sahlstrom spoke on this Agenda Item. Discussion ensued on parking. Mr. David Rodd, 790 Monroe Road, Lake Monroe, Florida: addressed the City Commission on the requested parking spaces. Tape 3/Side B "MOVE TO APPROVE THE FINAL ENGINEERING SITE PLAN." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. ~ ~ :J-- · ...J · ...J ~ K- :. =: L~.J '--' CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 9, 2005 PAGE 20 OF 35 VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE DEPUTYMAYORBLAKE: AYE COMMISSIONER KREBS: AYE COMMISSIONER MILLER: NAY MOTION CARRIED. REGULAR 501. Community Development Department - Planning Division Requests That The Commission Consider And Approve The Developer's Agreement And The Final Site Plan/Engineering Plans For The 3.16 Acre Property On The Southeast Corner Of Moss Rd. (Road) And S.R. (State Road) 434 Which Includes The Vacant State Farm Insurance Building Along With The Addition Of Two (2) New Office Buildings On The 3.16 Acres. Ms. Sahlstrom introduced this Agenda Item. Discussion. "MOTION TO EXTEND - FOR ONE (1) HOUR." MOTION BY COMMISSIONER MILLER. SECONDED BY DEPUTY MAYOR BLAKE. DISCUSSION. VOTE: DEPUTYMAYORBLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE COMMISSIONER GILMORE: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. Further discussion. Mr. Chad Moorhead, Vice President Land Development, Madden Engineering, Inc., 431 East Horatio Avenue, Maitland, Florida: spoke on the sewer system. Discussion. "I MOVE FOR APPROVAL." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER KREBS. DISCUSSION. II: I .~ ~~ I ...J "w ~ -- ~ ~ L-.J '--' CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 9, 2005 PAGE 21 OF 35 VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE DEPUTYMAYORBLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. REGULAR 502. Office or The City Manager Requests The City Commission Consider A Streetlighting And Street Sign Agreement To Address Lighting And Sign age Upgrade Requests By HOA's (Homeowner's Association) With Public Rights-Or-Way. Attorney Garganese introduced this Agenda Item. With discussion, Deputy Mayor Blake noted, "My question is if the neighborhood community pays for, and upgrades their signage, are we suggesting that they pay for the entire amount in the event that we will repair out of this Fund, or - are they only paying for the incremental amount; that portion of additional costs associ1;lted with it being an upgraded decorative sign?" Manager McLemore stated, "It's whatever the maintenance costs is, is what we would charge - minus the plates, minus the signs." Discussion. Deputy Mayor Blake said, "If we are only charging for the incremental amount that it truly costs the City, then there should not be any tax associated with the charge to the HOA's [Homeowner's Association's]." Mr. Lockcuffsaid, "We could verify that." With discussion on the related costs and how the taxes are charged, Deputy Mayor Blake said, "Those two portions of the tax that comes back to Winter Springs, we should not be collecting that as an incremental value from the HOA [Homeowner's Association], because it is not an incremental value." Mr. Lockcuffsaid, "Maybe we shouldn't include it at al1." Deputy Mayor Blake noted, "That is what I think." Tape 4/Side A With further discussion, Manager McLemore added, "We agree that we should not be double taxed. We need to verify that." Discussion. - I ~; :J- · ...J · ...J ~ K. __ ~ L~.J '--' CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 9, 2005 PAGE 22 OF 35 "I MAKE A MOTION WE ADOPT - THE POLICY INCLUDING THE CHANGE THAT THE CITY ATTORNEY MENTIONED ABOUT ANY UPGRADES IN SERVICE FULLY CHARGED; AND MAKE IT AVAILABLE FOR COMMUNITIES IN WINTER SPRINGS." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER KREBS. DEPUTY MAYOR BLAKE ADDED, "MY MOTION INCLUDES THE CORRECTION ON THE TAX LINE ISSUE." DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS:. AYE DEPUTYMAYORBLAKE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. REGULAR 507. Public Works Department Advising The City Commission Of The Results Of The Public Meeting On The Installation Of Sidewalks On Northern Way, Shetland Avenue And Dyson Drive. Mr. Lockcuff presented this Agenda Item and noted, "One theme we heard throughout from everyone was traffic and speed. So, we think the County had done a kind of a Concept Plan for Traffic Calming and we would like to take that, develop that." Mr. Lockcuff added, "We would like to bring that Sidewalk project back - we still support the project but incorporate Traffic Calming on Dyson Drive and secondarily Shetland [Avenue]; probably the County only funds Dyson [Drive] at this point; and also to incorporate some beautification tree replacement into both the Traffic Calming and the right-of-ways. " Discussion. Commissioner Gilmore said, "I think we need to see some better Engineering Plans than I have seen before." Manager McLemore said, "We agree - they need to develop those Plans and bring them back to you." With further discussion, Manager McLemore said, "We need to bring that back." Commissioner Gilmore noted, "My whole statement is this - a sidewalk is being located in a flood area and it is being located and it is being located to keep it dry, and as a result it is going up where it doesn't belong, even to the point that they have - look on the drawing, it shows you they have railings put in to keep people from falling off the bank - I think you have got to solve the water problem there, then address the sidewalk issue." .: . I ~ tr · ......J · ...J ~ -- -- :j L.-!.J '--' CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 9, 2005 PAGE 23 OF 35 Much discussion. "MY MOTION WOULD BE TO APPROVE ITEM '507' - ALTERNATIVE '4.'." MOTION BY COMMISSIONER KREBS. SECONDED BY DEPUTY MAYOR BLAKE. DISCUSSION. MANAGER McLEMORE SUMMARIZED THE MOTION AS, "ITEM '4.' INCLUDES THE - PLANNING AND DESIGN FUNDS THAT WE NEED TO MAKE THIS COMMISSION INTELLIGENT ABOUT AN INTERDISCIPLINARY APPROACH WHICH INLCUDES TRAFFIC CALMING, SIDEWALKS - THE BEAUTIFICATION, AND WHATEVER WE NEED TO DO TO DEAL WITH THIS DRAINAGE ISSUE QUESTION - WITHIN NINETY (90) DAYS." VOTE: DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE COMMMISSIONER GILMORE: AYE MOTION CARRIED. REGULAR 510. Community Development Department - Planning Division Requests That The City Commission Make A Determination As To Whether Or Not To Approve An Extension To The Binding Development Agreement Between The City Of Winter Springs And Joseph M. Miranda And Zelia M. Miranda. "I MAKE A MOTION WE EXTEND THE MEETING ONE (1) HOUR." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE DEPUTYMAYORBLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. Mr. Herbert S. Zischkau IlL Esquire, Bogin, Munns & Munns, 2601 Technology Drive, Orlando, Florida: addressed the City Commission on behalf of his clients, the Miranda's and presented numerous "Exhibits". - I .~ ~ I .... ~ .: :.. ::J L!.....J ........ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 9, 2005 PAGE 24 OF 35 Discussion. Tape 4/Side B Mr. Zischkau continued with his presentation. Discussion. Mr. Donald P. Oehlrich, Real Estate Appraiser, Florida Realty Analysts, Inc., 407 Wekiva Springs Road, Suite 361, Longwood, Florida: addressed the City Commission on market values. Further discussion. Attorney Garganese spoke for the record on the Development Agreement and the related completion date. With further discussion, Attorney Garganese also spoke for the record on the Highlander Agreement. "I WILL GO AHEAD AND MAKE A MOTION WE EXTEND FOR ANOTHER HOUR." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE DEPUTYMAYORBLAKE: AYE COMMISSIONER KREBS: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Deputy Mayor Blake spoke for the record on this Development Agreement and stated, "Now the City at no place in that Agreement was required to notify the other party at all, that it had expired any more than the other party had any requirement to notify the City that it had expired, because those terms were already agreed upon." Mr. Zischkau noted, "I will concede everything you have said." Discussion. Tape 5/Side A Further discussion. Mr. Joseph Miranda, 1417 Lambert Street, Deltona, Florida: spoke on construction time related to this project. ~ tf-=- I W · W ~ IlL _ -l L~.J '--' CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 9, 2005 PAGE 25 OF 35 Discussion continued. Mayor Bush called a Recess at 1:12 a.m. The Meeting was called back to order at 1:27 a. m. Further discussion. "I WOULD JUST MAKE A MOTION THAT WE DEFER TO ANOTHER MEETING - I WOULD LIKE TO GET SOME OTHER INFORMATION TOO." MAYOR BUSH ADDED, "DEFER UNTIL JUNE 13m?" COMMISSIONER KREBS RESPONDED BY SAYING, "YES." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: NAY COMMISSIONER MILLER: NAY DEPUTYMAYORBLAKE: NAY COMMISSIONER McGINNIS: NAY MOTION DID NOT CARRY. "I WOULD LIKE TO MAKE A MOTION THAT WE DENY THE EXTENSION OF THE DEVELOPER'S AGREEMENT AS LISTED AND INVITE THE MIRANDA'S TO COME BACK WITH A NEW APPLICATION FOR A SPECIAL EXCEPTION IF THEY WOULD LIKE TO GO FORWARD WITH THE PROJECT AS BEEN DISCUSSED." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: DEPUTYMAYORBLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE COMMISSIONER GILMORE: AYE COMMISSIONER KREBS: NAY MOTION CARRIED. K I pd · ...J ~ .: - ~ L--I I. I CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 9. 2005 PAGE 26 OF 35 REGULAR 511. Community Development Department Requests That The City Commission, In Its Capacity As The DRC (Development Review Committee), Consider A Request Of The James Doran Company For The Building Elevations For Building 3 (Multi-Tenant 2-Story Building At The Northwest Comer Of Tuskawilla Road And Tree Swallow Drive). Mr. Baker spoke on the proposed balconies and presented renderings and plans related to this Agenda Item. Mr. Rick Maxian, Project Coordinator, Randall Paulson Architects, 85-A Mill Street, Suite 200, Roswell, Georgia: addressed the City Commission on this project and stated, "We did look at the smaller balconies on the front, the side, and then the rear, and the reason being is this building takes the same characteristics as Building 2 - it's the same form, it's the same feel for the most part, but there are some material changes, there are some characteristics that have changed, and what our concept is as you're walking down Tuskawilla [Road], coming from Building 1, coming from [State Road] 434, you get a feel of in and out and not only have we done this with the balconies, but also you can see the detailing, the cornice, the awnings - we've done that with a variety of detailing on this building, for you compared to 2, compared to I." Furthermore, Mr. Maxian pointed out, "Here is the Tree Swallow [Drive] Elevation right here - we looked at doing these balconies a little shorter probably around three (3) - as you come up, those balconies are pretty overwhelming right now as you enter into off Tuskawilla [Road] onto the piece of property right now and just another six foot (6') balcony over there is really going to close in that space and the feeling is to go with three feet (3 ~ there, kind of open it up a little bit more and not make it so enclosed. And then the rear elevation we talked about doing three feet (3 ~ also because that Elevation is again on the back side like it is on 2, there is not much in and out or interaction or anything like that, so we just didn't see a balcony projecting out six feet (6~ on the backside of that, so we went to three feet (3 ~ on that part for this. And, as you can see - the stairs would be located inside Building 3, compared to Building 2." With further discussion, Deputy Mayor Blake stated, "On the side of Tree Swallow [Drive] again, I think you could go down to four (4) from what I have seen, in terms of the drawings and everything there; but on Tuskawilla Road it has got to be six feet (6')." Commissioner Krebs added, "I have to agree with - Commissioner Blake on this." Commissioner McGinnis noted, "I think we need to continue to stick with the original intent. " :---I ;-;.i It ~ It W ~ -- ... :---..: L.-:.J l,.....I CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 9, 2005 PAGE 27 OF 35 Mr. Maxian said to Commissioner McGinnist "So, if I understand you correctly, you are agreeing with the six foot (6~ on the Tuskawilla [Road]t but reducing the balconies on the rear on the Tree Swallow [Drive].u Commissioner McGinnis saidt "That is correct- and not using the open grate.u Commissioner Miller stated, "I agree - six feet (6') on the main street and I like to see four (4) on that other side.u Commissioner Gilmore notedt "I would support four foot (4~ if that is acceptable to everybody on Tree Swallow [Drive]t but on the rear I would still stay with four feet (4 ~ - I am not sure I would cut to three (3)t and definitely not grates on the floor." "I MAKE A MOTION THAT WE REQUIRE SIX FOOT (6') BALCONIES ON THE FRONT AND FOUR (4) ON SIDE, FOUR (4) ON THE REAR AND THAT WE DO NOT HAVE THE METAL GRATES AND GO WITH THE - STANDARD FLOORING SYSTEM." MOTION BY COMMISSIONER GILMORE. MAYOR BUSH SAID, "SECONDED BY COMMISSIONER KREBS." DISCUSSION. Commissioner Krebs stated "Point of Order" and spoke of the Vote and extending the Meeting. MAYOR BUSH SAID, "THE MOTION IS SIX FOOT (6') ON THE TUSKA WILLA [ROAD] SIDE, FOUR (4) ON THE TREE SWALLOW [DRIVE] SIDE, AND FOUR (4) ON THE BACK." COMMISSIONER GILMORE ADDED, "AND NO METAL GRATE." MAYOR BUSH ADDED, "CORRECT." VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER MILLER: AYE DEPUTYMAYORBLAKE: AYE MOTION CARRIED. "MOTION TO EXTEND." MOTION BY COMMISSIONER KREBS. COMMISSIONER KREBS ADDED, "FOR ONE (1) HOUR." SECONDED BY DEPUTY MAYOR BLAKE. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE DEPUTYMAYORBLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. - I . ; ;l · ..J I ..J ~ -- -- :l L-.J '--' CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 9, 2005 PAGE 28 OF 35 REGULAR 512. Community Development Department Requesting The City Commission To Approve A Phase 1 Site Development Permit Agreement For Highlander Investment L TD For Site Clearing On The Jesup Reserve Town Home Project On State Road 434. Brief discussion. "I MAKE A MOTION WE APPROVE ITEM '512'." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE DEPUTYMAYORBLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER GILMORE: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. REGULAR 513. Community Development Department Requesting The City Commission To Approve A Phase I Site Development Permit Agreement For Barclay Woods II LLC For Site Clearing On The Jesup's Landings Town Home Project On Orange Avenue. Brief discussion. "I WOULD LIKE TO MAKE A MOTION WE APPROVE ITEM '513'." MOTION BY DEPUTY MAYOR BLAKE. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER McGINNIS." DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR BLAKE: AYE COMMMISSIONER GILMORE: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. . I . ; ~ · ...J ~ .: -- :1 L-LI '--' CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 9, 2005 PAGE 29 OF 35 REGULAR 503. Community Development Department - Planning Division And Office Of The City Manager Wishes To Provide Information On Property Owners Indicating An Interest In Serving On The East Rural Area Property Owner Advisory Committee (ERAPOC) And Request Appointments To Be Made. MAYOR BUSH STATED, "I WILL RECOMMEND MR. CLONTS." COMMISSIONER McGINNIS STATED, "I WILL RECOMMEND MR. MINTER. " COMMISSIONER KREBS STATED, "SUSAN WOOLEY." COMMISSIONER GILMORE STATED, "ROBERT KING." DEPUTY MAYOR BLAKE STATED, "HELEN WHITTALL." COMMISSIONER MILLER STATED, "PAUL AURBECK." MAYOR BUSH THEN NOTED THAT THE LAST NOMINEE WAS "ROBERT WRIGHT." "I MAKE A MOTION WE APPROVE SLATE AS SELECTED." MOTION BY DEPUTY MAYOR BLAKE. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER McGINNIS." DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER KREBS: AYE COMMISSIONER MILLER: AYE DEPUTYMAYORBLAKE: AYE MOTION CARRIED. REGULAR 504. Parks And Recreation Department Requesting That The City Commission Approve Staff's Plan And Funding To Provide Improvements To Fruitwood Park And Review Project Funding In The FY (Fiscal Year) [20]'06 Budget Process. "MOTION TO TABLE." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. - I .~ P- I ~ . '-' ~ III[" .. -~ L-J l...-J CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 9, 2005 PAGE 30 OF 35 VOTE: COMMISSIONER KREBS: AYE COMMISSIONER MILLER: NAY DEPUTY MAYOR BLAKE: AYE COMMMISSIONER GILMORE: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. REGULAR 50S. Parks And Recreation Department Requesting The City Commission To Authorize The City Manager To Execute The Agreement Between The City Of Winter Springs And Inrmity Broadcasting For July 3, 2005, Sponsors, Vendors, And Promotion. "MOTION TO APPROVE '50S'." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMMISSIONER GILMORE: AYE MOTION CARRIED. REGULAR 506. Public Works Department Requests The Commission Consider The On-Street Parking Recommendation For George Street. "I MAKE A MOTION TO APPROVE RECOMMENDATION." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMMISSIONER GILMORE: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. ~ i!d I ~ ~ -- ~ ~ L-~ ;:...J CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 9, 2005 PAGE 31 OF 35 REGULAR 508. Information Services Department Requests Commission Review Blackberry Information/Proposal, Select The Appropriate Plan, And Fund The Plan Accordingly. "I MAKE A MOTION WE POSTPONE ITEM '508' TO THE NEXT MEETING." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER MILLER: NAY DEPUTYMAYORBLAKE: NAY COMMISSIONER KREBS: NAY COMMISSIONER GILMORE: NAY COMMISSIONER McGINNIS: NAY MOTION DID NOT CARRY. Ms. Dalka addressed questions and comments from the City Commission related to this Agenda Item. Tape S/Side B With discussion, Ms. Dalka noted, "So we're looking at - option '3', and two (2) car chargers." Mayor Bush stated, "Yes." "I MOVE TO ACCEPT OPTION '3' WITH TWO (2) CAR CHARGERS, ONE (1) FOR COMMISSIONER BLAKE AND ONE (1) FOR ANDREA [LORENZO- LUACES] TO KEEP [FOR THE CITY COMMISSION]." MOTION BY COMMISSIONER McGINNIS. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER MILLER." DISCUSSION. VOTE: COMMISSIONER KREBS: AYE DEPUTYMAYORBLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER GILMORE: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. Deputy Mayor Blake stated, "Thanks Joanne [Dalka]". Mayor Bush also said, "Thanks Joanne [Dalka]". ~ ~ I ~~ i:;; I ...J ~ IIIr ~ ~ L-.J ........ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 9, 2005 PAGE 32 OF 35 REGULAR 514. Office Of The City Manager ADD-ON Requesting The City Commission To Authorize An Offer Of Sale Of 124 Rhoden Lane To Eric Douglas. Manager McLemore spoke on this Agenda Item. Discussion. "MOVE TO APPROVE." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. MAYOR BUSH SAID, "THE MOTION IS TO APPROVE AS PRESENTED." VOTE: DEPUTYMAYORBLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER GILMORE: 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 spoke of a possible Interlocal Agreement for the Senior Citizens Center. Manager McLemore mentioned correspondence regarding previous storm related sewer backups. Mayor Bush noted, "I did receive a letter at my home, which 1 brought in and gave to the Clerk, and 1 think she made you all copies." we J . ~ i;)- I r-.J I ....J ~ ..... :.. ~ L-.!.J '--' CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 9, 2005 PAGE 33 OF 35 REPORTS 602. Office Of The City Clerk - Andrea Lorenzo-Luaces City Clerk Lorenzo- Luaces stated, "In the beginning of the Meeting there was a discussion about attendance for the new [Ad-Hoc] Committee you all just made Appointments to. Was there a Consensus on that that you wanted to follow the same guidelines, with three (3) consecutive absences or seven (7) in a twelve (12) month period starting from the last absence counting backwards?" Deputy Mayor Blake stated, "That would be my intention that it would fall under the same guidelines." Commissioner Krebs remarked, "Mine too." Mayor Bush stated, "Same guidelines as our other Committees?" Commissioner McGinnis noted, "Yes." Mayor Bush summarized, "Everybody agrees." REPORTS 603. Office Of The Mayor-John F. Bush Mayor Bush commented that ''The Chair of the County Commission has put together a Committee made up of the Mayors and - we did meet with him on the 27th. He wants one (1) other Elected Official from the City." Mayor Bush explained that this Committee "Will be studying ways of which the cities and the County can partner in saving the taxpayers money and delivering better services." Furthermore, Mayor Bush explained, "It is called an Advisory Committee - we took the word 'Consolidation' out of the title." Mayor Bush noted, "Commissioner Gilmore has volunteered. Do we have Consensus from the rest of the Commission?" Commissioner McGinnis sated, "Good." Commissioner Miller said, "Yes." Deputy Mayor Blake said, "I will agree to that." No objections were noted. Next, Mayor Bush asked about a comment made by Richard Grogan during "Public Input" . REPORTS 604. Commission Seat One - Robert S. Miller No Report. REPORTS 605. Commission Seat Two/Deputy Mayor - Michael S. Blake Deputy Mayor Blake spoke of Budget issues related to Fuel Costs. ~ I ...J I '-' ~ -- ... ~ L-:J ........ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 9, 2005 PAGE 34 OF 35 REPORTS 606. Commission Seat Three - Donald A. Gilmore No Report. REPORTS 607. Commission Seat Four - Sally McGinnis Commissioner McGinnis stated, "You all received a letter from Larry Birch from the Grove [Counseling Center]; Ron [McLemore], you did not. I am leaving these with Andrea [Lorenzo- Luaces] for your information; and I hope we can discuss - bring us up to date on that at the next Meeting." REPORTS 608. Commission Seat Five - Joanne M. Krebs Commissioner Krebs asked briefly about the Agenda related to the "Mayors-Managers" Meeting. .:..:. AGENDA NOTE: THE FOLLOWING TWO (2) ADDITIONAL REPORTS ARE NOTED IN THE ORDER THEY WERE DISCUSSED. .:..:. REPORTS REPORTS 603. Office Of The Mayor - John F. Bush Mayor Bush said, "We were going to talk about doing something for John Ferrlng who has resigned from the President of the - Winter Springs Senior Center." Mayor Bush added, "Is this something you want to talk about or are we going to put this off to later?" With brief discussion, Mayor Bush then noted, "We will take this up at the next Meeting." ~ I ~ ~ I W ~ -- :. -1 L~.J '-' CITY OF WINTER SPRINGS, FWRIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 9, 2005 PAGE 35 OF 35 REPORTS 604. Commission Seat One - Robert S. Miller Commissioner Miller stated, "Since the Manager is not going to be here at the next Meeting, I would like to have him have Staff put together an Information item for US, at the next Meeting - what is going on with this organization right now, not the Grove, because I understand there is a lot of Liens that are running on the property right now, which have been ignored for six months, or some incredible amount of time - under the Easements - and it is running at five hundred dollars ($500.00) a day and I think - we may need to look at it." Mayor Bush asked, "Is the Commission in agreement?" Captain Tolleson addressed the City Commission on this issue and the related Lien. Commissioner Miller then asked Captain Tolleson, "What is the total that is standing - that is what I would like to see in an Information Item - in two (2) weeks." Regarding a consensus, Mayor Bush stated, "This will be brought back at the next Meeting as an Informational Item. Commissioners, all in agreement?" No objections were noted. ADJOURNMENT Mayor Bush adjourned the Meeting at 2:35 a.m. RESPECTFULLY SUBMITTED: ANDREA LORENZO-LUACES, CMC CITY CLERK APPROVED: JOHN F. BUSH MAYOR NOTE: These Minutes were approved at the , 2005 Regular City Commission Meeting. ~ e:; ~ ~ c::::. ::--J L~ t::::I