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HomeMy WebLinkAbout2005 06 13 Consent Item 201, City Commission Regular Meeting May 23, 2005 CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING MAY 23,2005 CALL TO ORDER The Regular Meeting of Monday, May 23, 2005 of the City Commission was called to order by Mayor John F. Bush at 6:31 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, absent Public WorkslUtility Director, Kipton D. Lockcuff, P.E., present City Attorney Anthony A. Garganese, arrived at 6:36 p.m. The Pledge of Allegiance was followed by a moment of silence. .:..:. AGENDA NOTE: THE FOLLOWING AWARDS AND PRESENTATIONS ARE DOCUMENTED IN THE ORDER PRESENTED. .:..:. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 100. Office Of The Mayor Presentation To Mr. John Ferring For His Many Years Of Dedication And Service As The President Of The Winter Springs Senior Association. Ms. Isla Kereiner, 806 Big Buck Circle, Winter Springs, Florida: recognized Mr. John Ferring for his contributions to the Winter Springs Senior Association. Mayor Bush then presented a Key to the City to Mr. Ferring. Mr. John Ferring, 694 Benitawood Court, Winter Springs, Florida: addressed those in attendance. ~ e:; I ~ ~ -- ~ -- ~ ~..J L....I CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 23, 2005 PAGE 2 OF 24 City Attorney Anthony A. Garganese arrived at 6:36 p.m. Further discussion. PUBLIC INPUT Ms. Wendy Shiner, 843 Leopard Trail, Winter Springs, Florida: asked that the three inch (3") Fence rule be waived regarding her property, and mentioned a document her neighbor signed regarding this situation. With discussion on the three inch (3") Fence rule, Attorney Garganese stated this was mandatory, and "It is a standard for everyone - that wants to put up a fence. It may be a situation you may want to revisit - the actual Code." Deputy Mayor Michael S. Blake remarked, "Mayor, I would like you to poll the Commission to take consensus to have the City Attorney to go back and correct that language. This is a problem that keeps coming up. There would have to be some provision in the change that would require each of the property owners that would be affected to be a party to some standard formal agreement that would be issued by the City." Mayor Bush said, "Do we have consensus with the Commission?" Commissioner Sally McGinnis noted, "I support that for sure." Commissioner Joanne M. Krebs remarked, "Yes." Commissioner Robert S. Miller also said, "Yes." No objections were noted. Ms. Shiner then said, "I am unclear - what do I do?" Commissioner Krebs noted, "Nothing." Mayor Bush said, "Nothing right now." Deputy Mayor Blake said, "I don't think Code Enforcement will take any action and I don't think the Code [Enforcement] Board will take any action until such time that we fix the Code." Mayor Bush suggested that Ms. Shiner speak with Captain Glenn Tolleson of the Police Department. Attorney Garganese then commented that "We'll bring it back next Meeting for a First Reading. " Mr. Edward Martinez, Jr., 205 Little Creek Lane, Winter Springs, Florida: spoke of his concern with the proposed increased Stormwater Tax; ADA Paratransit; and Public Hearings Agenda Item '404' from the May 9, 2005 City Commission Meeting. Mr. Martinez then showed some photographs of litter along State Road 434, and debris that was removed from a Creek. With discussion, Commissioner Krebs said to Mr. Lockcuff, "What about that - from the Creek?" Mr. Kipton D. Lockcuff, P.E., Public WorkslUtility Director responded, "We'll take care of that." Mr. Martinez noted it was at the Howell Creek Bridge. - I . ; ~- I ..... I ..... :;::IC'J ~ ~ L.....J lL.-..I CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 23, 2005 PAGE 3 OF 24 .:..:. AGENDA NOTE: THE FOLLOWING ADDITIONAL AWARDS AND PRESENTATIONS ARE DOCUMENTED IN THE ORDER PRESENTED. .:. .:. AWARDS AND PRESENTATIONS During tonight's Meeting, in discussing other City business, Mayor Bush recognized Ms. Lauren Brinton, Mr. Patrick Curley, Mr. Daniel Kelley, Mr. Julian Melendez, Mr. Evan Pike, Ms. Jessica Savas, Ms. Ashley Vellequette, Students at Winter Springs High School; and their friends, Ms. Jenna Nix, Mr. Cole Savas, and Ms. Natalie Wilson - in honor of their quick thinking, integrity, and maturity, in taking control of a bad situation and doing something to save their lives and possibly the lives of others on Winter Springs High School Prom Night 2005. .:..:. AGENDA NOTE: THE FOLLOWING CONSENT AGENDA ITEMS ARE DOCUMENTED IN THE ORDER THEY WERE DISCUSSED. .:..:. CONSENT AGENDA CONSENT 200. Office or The Mayor Resolution Number 2005-20 - A Resolution Of The City Of Winter Springs, Florida, Expressing Appreciation To Kathleen Andrews For Her Service On The Beautification of Winter Springs Board. No discussion. CONSENT 201. Utility Department Requesting The City Commission Approve The Third Developer Agreement Modification For Barrington Estates For Utility Reimbursement. There was no discussion on this Agenda Item. CONSENT 202., Public Works Department Requesting Approval To Purchase An Eight (8) Acre Conservation Easement For Mitigation Of Wetlands For The Construction Of The Utility/Public Works Facility. Commissioner Krebs asked, "Where do I find information about what low - and if there is such a thing as medium and high value of Wetlands?" Brief discussion. 11: 't ~ ~ ;9 ~ ......-.: L-'.J L...J CITY OF WINTER SPRINGS, FWRIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 23, 2005 PAGE 4 OF 24 CONSENT 203. Public Works Department - Stormwater Division Requesting Authorization To Reject The Bid For The Maintenance Services Of The Aquatic Weed Control Of The Ponds. Deputy Mayor Blake said, "Has anybody seen Boat Pond lately - we should, but we should be careful when we get close to the edge." CONSENT 204. Public Works Department Requests The City Commission Validate The Staff Recommendation Finding Barclay Reserve (Barclay Woods) Built In Substantial Accordance With The Final Engineering Plans And To Accept The Potable Water And Sanitary Sewer Infrastructure For Ownership And Maintenance. Brief discussion. CONSENT 205. Office Of The City Clerk Requesting Approval Of The May 9, 2005 Regular Meeting Minutes. There was no discussion on this Agenda Item. Mayor Bush said, "Can I have a Motion on the Consent Agenda?" "MOTION TO APPROVE." MOTION BY COMMISSIONER MILLER. MAYOR BUSH SAID, "SECONDED BY COMMISSIONER BLAKE." DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. Additionally, in other City business, Commissioner Donald A. Gilmore referred to the Monthly Reports, and said, "I am referring primarily to the Police Department, where they point out the crime by six (6) zones, I believe - can we have a map in the future attached to show those zones?" With discussion, Mayor Bush said, "Is that something all the Commissioners would like to see?" Commissioner Miller said, "Yes." Commissioner McGinnis said, "Yes, I think it might be helpful." K I :. -: ~- Ii ....J B ...., ~ -- ~ ~ L-..J t..-J CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 23, 2005 PAGE 5 OF 24 Mayor Bush said to Captain Glenn Tolleson, Police Department, "Do you understand Commissioner Gilmore's request?" Captain Tolleson stated, "Yes." Mayor Bush said, "I think we have Consensus on that." No objections were voiced. INFORMATIONAL AGENDA INFORMATIONAL 300. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. Commissioner McGinnis noted that on page 3, "The 'Highlands Apts.,' ['Phase IF] which we approved some time ago; they are - marketing them as Condominiums." Commissioner McGinnis added, "They have not come to the City yet, for any of the appropriate filings for Condominiums." Deputy Mayor Blake asked Attorney Garganese, "Does that change how we approve them?" Attorney Garganese said regarding 'Phase II', "1'11 have to look into that." Mr. Randy Stevenson, AS LA, Director, Community Development Department briefly added, "We're in the process of looking into it also." Mr. Lockcuffadded, "We will be proactively contacting them as to what the issues are." Commissioner Miller said, "There is one (1) item that is not listed on here anymore because the project is done - I think it is called Tuskawilla Office Park - Lot '1' is still not done - I think we ought to include that on here." Commissioner Miller added, "I would like to see it included on this list." Mr. John Baker, AICP, Senior Planner, Community Development Department stated, "Yes." Regarding whether there was a consensus on this, Commissioner McGinnis stated, "Fine." No objections were voiced by the rest of the City Commission. INFORMATIONAL 301. Police Department - Code Enforcement Bureau Providing Information To The Commission Concerning Code Enforcement Action Against 419 Metal And Recycling. Commissioner Krebs asked, "Isn't this an awfully long time to have a Violation running?" Brief discussion. Next, Commissioner McGinnis asked if the City responded to a letter and photographs previously provided by Commissioner McGinnis, and added, "Somebody needs to." ~ 1 ~ p- I ...J ....J ~ K""" ~ ~ L--..I tL.-J CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 23, 2005 PAGE 6 OF 24 Commissioner Miller stated, "I would like the Commission to consider another alternative that would involve the Attorney looking into this. I believe that there is a question of standards that needs to be looked at here. The amount of land that you have to do this kind of work, let's assume it is ten (10) acres - there must be some standard that applies as to how much stuff you can put on that ten (10) acres. And if you occupy ninety percent (90%) of the ten (10) acres; can you occupy ninety-nine percent (99% )?" Commissioner Miller added, "I think we need to look at how much of a lot can they use before they start to exceed some standard that might be applicable across the United States. If there are none, then we may have to look at creating them." Mayor Bush said to Captain Tolleson, "Are you aware of any standards such as the Commissioner is indicating?" Captain Tolleson responded, "Not locally no, but I will research them to see what I come up with." With further brief discussion, Mayor Bush stated, "Do we have a consensus as to Code Enforcement to do the further research on the amount of. . ." Commissioner Miller added, "...Standards..." Mayor Bush continued, "...The amount of acreage covered by this scrap." Commissioner McGinnis remarked, "Yes." Commissioner Krebs stated, "Right, I agree." Commissioner Gilmore nodded in favor. Deputy Mayor Blake commented, "Absolutely." INFORMATIONAL 302. Public Works Department Advising The City Commission Of The Status Of Various Capital Improvement Projects. Brief discussion ensued on whether or not a new City Hall was planned for the Town Center. INFORMATIONAL 303. Public Works Department Advising The Commission That Staff Is Developing A Plan For Additional Landscaping In The Rights Of Way Along State Road 434. Discussion ensued on this Agenda Item with Deputy Mayor Blake who stated, "I was over there the other day and frankly, it looks like a repaving job." Furthermore, Deputy Mayor Blake said to Mr. Lockcuff, "We had a million dollars earmarked for this, how much are we spending on it?" Mr. Lockcuff responded, "There is three hundred twenty thousand [dollars] ($320,000.00) right now set aside." Deputy Mayor Blake continued, "What happened to the rest of the money that we set aside - what we need to do is we need to see from that project standpoint alone, where we started, the changes that have occurred since we have got to the point where we are now and what it will look like if we do nothing." m I ~ p~ ft.-~ I ~ ~ B: .. ~ L---I '--' CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 23, 2005 PAGE 7 OF 24 Commissioner McGinnis noted, "I definitely would like to see the original plan as it was submitted." Commissioner McGinnis noted a current concern - if you drive up at the work that is being done, it is sloppy. As you just leave Sheoah Boulevard and come up [State Road] 434, they were putting the yellow stripes down, and apparently the machine just spewed out yellow paint, so it - splattered around. That is not acceptable." Mr. Lockcuff stated, "That is temporary." Tape IISide B Commissioner McGinnis noted, "I definitely want to see the original plan with some figures." Mayor Bush then said, "All the Commissioners in agreement on seeing a kind of a history - of this plan?" Commissioner Krebs remarked, "I will see it." Commissioner Gilmore stated, "I agree - in the last Meeting we also discussed the u-turn situation, so if we could, it would be nice to cover that also." Commissioner Miller noted, "I just wanted to let Staffknow my view on trees on the south side, because 1 keep hearing that they are going to grow up in these power lines and eventually it is going to be a problem. 1 would like to see us ignore that issue, because right now, if you go to - what used to be the State Farm Office on the comer of [State Road] 434 and Moss Road, from the southeast comer, there are trees that are about ten (10) or fifteen (15) years old and they are about seventeen (17), eighteen feet (181 high and they have been trimming them on the top. So they have become very broad and they look very nice and the south side of that roadway will look like that all the way down to the School under that power line; so the argument that we cannot put them under the power lines, because they are going to grow up into it, is bogus." Mayor Bush noted, "The proposed turn lane on Hayes Road, 1 was heading east on [State Road] 434, a school bus was trying to make a right hand turn and couldn't make it, a car was coming out of Hayes [Road] - is there anything ever going to happen with that?" Mr. Lockcuff explained, "Discussions did not go very far." Mayor Bush added, "I think we should proceed on that - I mean that was - number two (2) in terms of the Consultant that needed to be done." Mayor Bush asked, "How does the rest of the Commission feel about moving ahead on this and doing it?" Commissioner Miller said, "Yes." Commissioner McGinnis also stated, "Yes." Mayor Bush noted, "The consensus is that we should move ahead on this..." Deputy Mayor Blake said, ".. .And to take the land?" Mayor Bush remarked, "Whatever it takes." Deputy Mayor Blake added, "That is fine, just as long as we all understand that." Mayor Bush then commented, "Everybody understand?" Commissioner Krebs said, "Safety first. " II: = ~ t-~ ......J I ...J ~ -= .:JIll ~ L~.J l.....J CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 23, 2005 PAGE 8 OF 24 "MOTION TO APPROVE THE INFORMATIONAL AGENDA." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE DEPUTYMAYORBLAKE: AYE MOTION CARRIED. PUBLIC HEARINGS AGENDA K I ~ ; ?...J .....~ ~ Ir ~ ~ lJ-..J I ___ PUBLIC HEARINGS 400. Community Development Department - Planning Division Requests That The Commission Hold A Public Hearing For The Aesthetic Review Of The Moss Rd (Road) International Office Complex On The Southeast Corner Of Moss Rd (Road) And S.R. (State Road) 434 (Which Includes The Vacant State Farm Insurance Building). Mr. Stevenson briefly spoke 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. Deputy Mayor Blake asked, "Are we approving this signage?" Mr. Stevenson noted, "The Applicant provided the signage in the back of your packet there - that is a sketch. The actual signage will have professional graphics and if the Commission is uneasy with this, Staff would be willing to bring this back as a separate Item." Commissioner McGinnis said, "I would like it as a separate item." Deputy Mayor Blake noted, "I would prefer it as a separate Item." Commissioner Krebs commented, "Separate Item." Commissioner Miller noted, "Agreed." "MOTION TO APPROVE ITEM '400' - AND BRING BACK THE SIGNAGE." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 23, 2005 PAGE 9 OF 24 VOTE: COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. PUBLIC HEARINGS 401. Public Works Department - Stormwater Division Requests The City Commission Adopt The Second Reading Of Ordinance 2005-15 Increasing The Monthly Stormwater Utility Rate From $3.25 To $5.50. Attorney Garganese read Ordinance 2005-15 by "Title" only and stated, "The only change to this Ordinance from First Reading is a change to the 'Effective Date.'. 'Section 6.' was amended to make it clear that 'The Stormwater rate set forth in this ordinance shall become effective on June 14, 2005. It is the intent of this ordinance to begin imposing the stormwater rate during the start of the next full utility billing cycle.' It is my understanding you have four (4) and June 14th will be the start of - Cycle 1 ofthe four (4) Cycle billing statements." Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. Discussion ensued with Mr. Brian Fields, P.E., City Engineer. Deputy Mayor Blake and Mr. Edward Martinez, Jr. discussed this issue. Mr. Lockcuff noted, "Just as a point of information, we are preparing a flyer to do as an insert in the billing, so just to provide at least a broad explanation of the increase." Mayor Bush asked, "Will it contain this chart that is on the board?" Mr. Lockcuff said, "We can." Mayor Bush added, "And update it - especially if Oviedo is going to raise theirs before you get this out - make sure it is most current." Deputy Mayor Blake suggested, "I think we need to include the sheet of - the projects that are going to benefit the citizens of Winter Springs." Mayor Bush then said to Mr. Lockcuff, "Would you be able to bring that back at the next Commission Meeting and show the Commissioners exactly what is going to go out." Mr. Lockcuff said, "We can bring it and then we always have three (3) more Cycles if we need to change something, we can." a(~ ::t ~ :,.r- ...., ---d ~ --: ~-1 ;:...;s CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 23, 2005 PAGE 10 OF 24 Mayor Bush added, "I think it would be good if each of the Commissioners would be given a copy of what is going to be." Mr. Lockcuff said, "We can give it to you now, if you would like to just give us input - put it in your box." Mayor Bush then said, "I think that is a good idea - Commissioners, you all agree?" Deputy Mayor Blake said, "Agreed. " Commissioner McGinnis suggested, "In the meantime - you can put on the W ebsite, as much data as you want, correct?" Mayor Bush noted, "I think this Agenda Item itself could be - the whole thing could be put out on the Web - maybe a link to it or something, so that people know how to find it." Commissioner Krebs suggested to Mr. Lockcuff, "If you could do - a 'Question' format - the City Manager likes to use that format." Mr. Lockcuff said, "He actually wrote it before he left - he wanted us just to add some before and after pictures on the back; but maybe we could put some of these charts in instead. But, I will give it to you, and you can provide comments." City Clerk Andrea Lorenzo-Luaces said, "I just wanted to make sure about those last few comments about the Website - would those be included in the consensus?" Deputy Mayor Blake said, "Yes." Commissioner McGinnis remarked, "Yes." Mayor Bush remarked, "The Commission in agreement on the consensus to put this on the Website and to bring a link that would be more obvious, so people can find it." Commissioner Krebs added, "Yes." Commissioner Gilmore added, "I don't think we should presume that everybody is going to go to the Website; and I still think we need a mailer." Commissioner Krebs noted, "That was an addition." Commissioner McGinnis remarked, "And the mailer will tell people to go the Website." Mayor Bush added, "And Kip [Lockcuff] is going to provide each of the Commissioners with a copy of what the Manager has put together - thus far." "I MAKE A MOTION THAT WE APPROVE ORDINANCE 2005-15." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER KREBS: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. .: I ~ ~ ~~ I ..... I ..... ~ .. :. ~ L--.J t......J CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 23, 2005 PAGE 11 OF24 PUBLIC HEARINGS 402. Community Development Department - Planning Division Requests That The Commission Hold A Public Hearing For The Aesthetic Review Of Tuscany Place Condominiums. Mr. Stevenson introduced this Agenda Item. Discussion ensued on the Renderings and dormers. Mr. Tamas Hetesy, 12236 McKinnon Road, Windermere, Florida: addressed the City Commission and stated, "We've spent a lot of time and effort on the Landscaping Plan, put in - I can't even tell you what percentage, but it is a tremendous amount of trees, a tremendous amount of foliage, real trees by the way, things that will add to the community, as well as - to Winter Springs. The fact is that we have put trees in the back. There were no trees in the other buildings that were built already, there were no requirements to do so. We've added additional trees and foliage and shrubs - and put a lot of things like pavers into consideration. Also the Homeowner Association's at Tuscany Place has just recently passed - something internally where a lot of the people there have liked the idea in the future of having the option of putting in a screened-in porches and - that is going to change the back of the building as well, if people do decide that they want to do that, so we have left it open for them and not cluttered it up." Mr. Hetesy explained, "There will be six (6) new buildings. We're not adding them, but we're finishing offthe project." Discussion. Commissioner Gilmore then asked Mr. Hetesy, "How many units are in one of these - this big building that you show us - this front elevation for?" Mr. Hetesy replied, "There are nine (9) units." Commissioner Gilmore pointed out, "But your drawings show five (5) units." With discussion on the Site Plan that was presented, Commissioner Gilmore said to Mr. Hetesy, "So this Site Plan is in fact not the right site plan?" Mr. Hetesy noted, "It's one that was correct at the time, but they - did make some changes. That's correct." Furthermore, Commissioner Gilmore said to Mr. Hetesy, "Then the buildings will all look like that?" Mr. Hetesy responded, "That's correct." Commissioner Gilmore next asked Mr. Hetesy, "How does that compare with what is there today?" Mr. Hetesy noted, "If you took away all the landscaping, you took away all the pavers, if you took away the shutters..." Commissioner Gilmore said, "...Let's just talk the square footage?" Mr. Hetesy remarked, "Exactly the same, Sir." Then, Commissioner Miller asked Mr. Hetesy, "What are these going to sell for?" Mr. Hetesy responded, "They will be in the two hundred thousand [dollars] plus ($200,000.00+) range." Further discussion ensued on dormers. ~ ~ :;w- I ...J I ..... ~ me- -- ~ L:-.J li....-J CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 23, 2005 PAGE 12 OF 24 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. "MOVE TO APPROVE." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: DEPUTY MAYOR BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: NAY 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. Of The City Code Of Ordinances, By Way Of 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 this Agenda Item. Discussion. Tape 2/Side A Mayor Bush opened the "Public Input" portion of the Agenda Item. Ms. Helga Schwarz, 720 Galloway Court, Winter Springs, Florida: commented on the proposed Waiver Request and the Property Management Company. Ms. Katherine Graham, 667 Nighthawk Circle, Winter Springs, Florida: noted being opposed to the Waiver Request and mentioned her concerns with drainage. Discussion. Mayor Bush closed the "Public Input" portion of the Agenda Item. With discussion as to whether Commissioner McGinnis was affiliated with Paine- Anderson Properties, Inc., Commissioner McGinnis stated, "I do work for the Property K -1 ~~ ~- "v.J I ..J ~ .. -- ...ed L~.J ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 23, 2005 PAGE 13 OF 24 Management Company which by the way isn't taking any position in this either way, but this would not result in any financial remuneration at all." Discussion ensued on drainage and setbacks. Mr. Allen Epstein, 22 Spring Ridge Drive, Debary, Florida: spoke on setbacks and drainage. Much discussion. "I WILL MAKE A MOTION THAT WE APPROVE THE WAIVER AS REQUESTED BY THE APPLICANT WHICH WOULD INCLUDE A FIVE FOOT (5') FRONT SETBACK ON LOT '102,' BUT REQUIRING A DRIVEWAY THAT CREATES SPACE ENOUGH TO PARK A CAR IN THE DRIVEWAY, NOT ENCROAHING ONTO THE STREET AREA, WHEN IT IS NOT IN THE GARAGE, SO I THINK THAT WOULD BE SOME CURVING TYPE DRIVEWAY THAT WE HAVE BEEN SHOWN A PICTURE OF TONIGHT, WHICH SHOULD BECOME PART OF THE RECORD." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. PUBLIC HEARINGS 404. Community Development Department - Planning Division And Planning And Zoning Board Requests The City Commission Hold A Public Hearing For Second Reading And Adoption 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)". Attorney Garganese read the Ordinance by "Title" only. Mr. Stevenson introduced this Agenda Item to the City Commission. sa e:; Ii ..... ~ Bi __ ~ L-.!.J I J CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 23, 2005 PAGE 14 OF 24 Mayor Bush opened the "Public Input" portion of the Agenda Item. Mr. Robert Safker, 3441 State Road 419, Winter Springs, Florida: addressed the City Commission and stated, "We have completed our build-out; we have passed all of our final inspections for all of the renovations and equipment that we have installed at the location; and have complied to the best of my knowledge with all suggestions and issues that the City Attorney had brought up as far as buffers, fencing, and any other issues that was in our Agreement in order to have this brought about." Mr. Satker added, "You have some of the most upstanding municipal employees I have ever had the pleasure of dealing with, led by Mr. Stevenson." Furthermore, Mr. Robert Satker noted, "Mr. Stevenson and his group there took me step by step through the process here." Finally, Mr Satker said, "I just want to say from the bottom of my heart and my family's heart, regardless of what happens here this evening, thank you very much and you have a wonderful, tremendous group of employee's here." Mayor Bush closed the "Public Input" portion of the Agenda Item. "I WOULD LIKE TO MAKE A MOTION TO APPROVE '404'." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMMISSIONER GILMORE: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. PUBLIC HEARINGS 405. Community Development Department Presents To The City Commission A Request For A Conditional Use To Allow A Major Automotive Service And Repair Shop Including Body Repairs And Painting In The 1-1 (Light Industrial) Zoning District, Pursuant To Section 20-261. Of The City Code Of Ordinances. Mr. Stevenson also introduced this Agenda Item and stated "The Board of Adjustment recommended approval of the Conditional Use to allow the Automotive Major Service and Major Repair Establishment including Body Work and Painting. Their recommendation of approval for that - was contingent upon the amendment of Section [20- ]261." ~ ~ tJr--- · ....J ''0 ~ sf __ -...:: L--.J '--' CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 23,2005 PAGE 15 OF 24 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. "MOTION TO APPROVE ITEM '405'." MOTION BY COMMISSIONER McGINNIS. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER GILMORE." DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER KREBS: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 500. Community Development Department Requests The City Commission Consider And Comment On A Conceptual Development Plan For A 90 (Ninety) Unit Townhouse Development To Be Known As Harbor Winds. The Project Is Located On 14.99 Acres, North Of S.R. (State Road) 434, Just East Of Fountaintree Drive. The Property Is Bounded On The North By The Winter Springs Golf Course. Attorney Garganese commented on this Agenda Item. Tape 2/Side B With discussion, Commissioner McGinnis noted that "Your guest parking is grossly inadequate - there are some real parking issues here." Mr. Jessie Graham, Esquire, Graham Builder Jones Pratt & Marks LLP, 369 North New York Avenue, Winter Park, Florida: representing Morrison Homes, Mr. Graham spoke on their preference for obtaining a Waiver. K I .~ :A- s ....J I "'"" ~ II[' ~ ~ L--.J '--' CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 23, 2005 PAGE 16 OF 24 Commissioner Gilmore said, "When this was brought to us before, I raised the question about the density, the lack of parking and all of this, and we were told, 'Oh, don't worry about it, this is just a preliminary sketch'. And, my comment at that time was, it is amazing how preliminary sketches come back months later as the final drawing." Commissioner Gilmore added, "When I look at this, and I see three (3) bedroom apartments or houses, and four (4) bedroom apartments or houses, where are you going to put all the cars?" Mr. Art Kosik, Land Resource Project Manager, Morrison Homes, 151 Southhall Lane, Suite 200, Maitland, Florida: representing Morrison Homes, Mr. Kosik spoke on the proposed project and stated, "On a Conditional Use, they said two and a half (2 and Yz) space per unit. What we've provided is actually almost three (3) spaces per unit, as it is designed today, - between the garage space, the full length of the driveway which the driveway is not a shortened driveway." Mr. Kosik further noted, "We actually began the project with a twenty-five foot (25) front setback which allowed for actually approximately six (6) to eight feet (8) longer driveway than car, if you put a car in the driveway. We've just recently reduced that to twenty feet (20') to increase our right-of- way and allow for more green space along the street and again, reduced to twenty feet (20') did not eliminate the ability for us to park a full size car in the driveway." During discussions with Commissioner Miller, Mr. Kosik said, "I believe we may be able to actually add more on-site parking - that's something CPH would have to address for us." Mayor Bush said, "In listening to the Commissioners, I didn't feel there was much consensus on waiving the two (2) car garage." Commissioner Krebs said, "Two (2) car garage - that calls for it, that is what it is. If you cannot do the project because of it, then you cannot do it". Commissioner McGinnis remarked, "That is the standard - yes." Commissioner Gilmore commented, "Two (2) car garage." Commissioner Miller stated, "I agree." Ms. Michele Tanner, Senior Land Planner, CPH Engineers, Inc., 1117 East Robinson Street, Orlando, Florida: spoke on the site and stated, "The proposal before you today is ninety (90) units." Ms. Tanner then addressed the allotted parking. Commissioner Miller suggested, "Have you given any thought to reversing the entrances to - what currently are one (1) car garage units - when you put a front porch on the other side, it would actually be facing the wetlands area, that would probably be a very nice entrance - people could still drive in the back of their home on the street." ~ ~ """ Ilr..... ~ -=- - -:1 L-:.J a....J CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 23, 2005 PAGE 17 OF 24 Additionally, Ms. Tanner said to Commissioner Miller, "You're saying the main entrance in the rear of the building?" Commissioner Miller noted, "Yes - 1 mean you could even stagger them a little bit probably so that you could have a little garden out in front - that would be on the back side ofthe building actually." Further discussion ensued on proposed pricing for the units and on-street parking spaces, to which Commissioner Gilmore said, "1 counted seventeen (17) parking spots on the street." Mr. Kosik stated, "It should actually be twenty-five (25)." Commissioner Gilmore noted, "Then the drawing is not accurate." Mayor Bush summarized the discussion by saying, "1 think the Commissioners made it known that they are not happy with the layout. Commissioner Miller has some suggestions that 1 think needs to be looked at. And 1 think the answer to your question right now is that the Commission is concerned about the parking - they feel two (2) car garages are more in line with what they expect." Mayor Bush further suggested that the City Commission is saying, "Be more creative and come back with a different plan." Attorney Garganese noted to the City Commission, "There is no action required on this." REGULAR 501. Community Development Department Requests The City Commission Approve The Proposed Development Agreement Modification For The Landings At Parkstone. Mr. Baker spoke on this Agenda Item. "MOTION TO APPROVE '501'." MOTION BY COMMISSIONER McGINNIS. MAYOR BUSH NOTED, "SECONDED BY COMMISSIONER BLAKE." DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER KREBS: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. '"' . I ; ~ · ...J . ...., ~ -- :. ~ L-.J L .J CITY OF WINTER SPRINGS, FWRIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 23, 2005 PAGE 18 OF 24 REGULAR 502. Office Of The City Manager Requesting The City Commission To Authorize The Mayor To Sign The Attached Interlocal Agreement Related To The Adoption Of A I-Cent Fuel Tax Authorized By Florida Statutes; Section 336.025(1 )(B) For The Purpose Of Funding ADA Transportation Fixed Bus Route Service And Public Transit. Deputy Mayor Blake inquired, "Who negotiated the Agreement? Did anybody negotiate it; and what is the impact here? I mean - they actually want us to sign on to this Interlocal distribution currently and how is this going to protect us going forward if the cost structure changes? In other words - where Paratransit - as the population changes, there are different calculations of how much each community is charged. Does this contemplate those changes, or does it lock us into this number?" Mr. Lockcuff noted, "In my discussions with the County Manager today, he did ask that we not change the Agreement. The reason being that that would then require all cities to consider the modified agreement and they'd be unable to meet their July 1 st deadline, and it would obviously have to go into next year's." Deputy Mayor Blake then asked, "Is there a requirement that this Agreement is completed prior to some date?" Attorney Garganese remarked, "I think the effective date of the tax is a July 1 date, as I read the Statute." With further discussion, Deputy Mayor Blake asked, "Does the distribution formula have to be in place by that time as well?" With discussion on default formulas, Deputy Mayor Blake noted, "What this really is signing on to is we are, through this Interlocal Agreement, we are accepting the responsibility of the ADA payment, which currently we don't have. It is the County's responsibility." Furthermore, Deputy Mayor Blake noted, "Isn't this moving towards an agreement to accept the responsibility for the ADA payment, and then what happens when the penny doesn't provide enough?" "I THINK WE CAN DO THIS AT OUR NEXT MEETING; IN THE MEANTIME, I WOULD LIKE US TO LOOK AT THIS ISSUE VERY CAREFULLY, SPECIFICALLY AS IT PERTAINS TO THOSE POINTS ABOUT WHAT HAPPENS WHEN THAT FUNDING SOURCE BECOMES OVERBURDENED." MAYOR BUSH SAID TO DEPUTY MAYOR BLAKE, "MOVE THIS TO A FUTURE MEETING?" DEPUTY MAYOR BLAKE SAID, "THAT IS MY MOTION." - I . ; tl I '-' . .... ~ -- ... ~ L!--I I.....J CITY OF WINTER SPRINGS, FWRIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 23, 2005 PAGE I90F24 MAYOR BUSH ADDED, "MOTION BY COMMISSIONER BLAKE TO MOVE '502' THEN TO THE NEXT REGULARLY SCHEDULED MEETING..." DEPUTY MAYOR BLAKE SAID, "...THAT IS MY MOTION." MAYOR BUSH THEN SAID, "NEXT MEETING - SECONDED BY COMMISSIONER GILMORE." DISCUSSION. DEPUTY MAYOR BLAKE THEN SAID, "WITH THE ADDITIONAL INSTRUCTIONS TO INSTRUCT STAFF TO REVIEW THESE ISSUES AND REPORT BACK TO US." VOTE: DEPUTY MAYOR BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE COMMISSIONER GILMORE: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. - I . ; ?~ . ~ ~ -- .. 1 L:--.J I .J REPORTS REPORTS 600. Office Of The City Attorney - Anthony A. Garganese, Esquire Attorney Garganese mentioned that the draft of the Noise Ordinance should be coming to the City Commission in June or July. Secondly, Attorney Garganese remarked about the status of the Seminole County Case. REPORTS 601. Office Of The City Manager - Ronald W. McLemore Mr. Lockcuff stated, "No" Report. REPORTS 602. Office Of The City Clerk - Andrea Lorenzo-Luaces City Clerk Lorenzo-Luaces noted that regarding the Workshops scheduled for early June, "There are no times set for those. Do you want to go with the 6:30 [p.m.] or do you have another preference?" Mayor Bush said, "Any object to 6:30 [p.m.]? Commissioner McGinnis said, "No." Commissioner Gilmore stated, "No." Deputy Mayor Blake commented, "No." There were no objections noted. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 23, 2005 PAGE 20 OF 24 REPORTS 603. Commission Seat One - Robert S. Miller Next, Commissioner Miller suggested, "I would like to see - from the Police Department, the different types of problems we have in the City - I would like to see a ten (10) year summary." Commissioner Miller added, "I think I would like to see it for ten (10) years, the number of tickets issued, the number of robberies." Mayor Bush said, "Is the Commission in agreement with Commissioner Miller's recommendation?" Deputy Mayor Blake commented, "As long as it is per capita." Commissioner Krebs remarked, "Yes." Commissioner Miller added, "You can do it per capita - that is fine." Chief of Police, Daniel J. Kerr, Police Department addressed the City Commission on this issue. Mayor Bush then said, "Everybody is in agreement, correct?" Commissioner McGinnis said, "Yes." No objections were voiced. Commissioner Miller asked about the County meeting on the 18th. Furthermore, Commissioner Miller noted the "Seminole County Education System Advisory Committee" - do we have someone going on that?" Discussion. Commissioner McGinnis said, "As an educator Mayor, would you do that, if we appointed you?" "I WOULD LIKE TO APPOINT THE MAYOR TO SERVE ON THAT." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER GILMORE: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. Mayor Bush said, "Thank you. Andrea [Lorenzo-Luaces, City Clerk], would you notify the Superintendent of the schools, so he has it officially." City Clerk Lorenzo-Luaces said, "Sure." - I .~ ~- I ....J I ..J ~ K: ~ ~ L-!..J L .J CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 23, 2005 PAGE 21 OF 24 Commissioner Miller asked about new Applications that have been received for Advisory Board and Committees. Commissioner Miller said to City Clerk Lorenzo-Luaces, "So you are going to make up a list then of all these folks that are interested in serving in government?" City Clerk Lorenzo-Luaces remarked, "Yes, I will have an Agenda Item with those copies." Next, Commissioner Miller noted a letter from Progress Energy which mentioned upcoming meetings and added, "Who should look into this as they are supposed to have Hearings." Mayor Bush said to Mr. Lockcuff, "Would you want to check on that, and see if there is further information?" REPORTS 604. Commission Seat Two/Deputy Mayor - Michael S. Blake "I WOULD LIKE TO - MAKE A MOTION TO APPOINT ROBERT KIRKWOOD TO THE BOWS [BEAUTIFICATION OF WINTER SPRINGS BOARD] BOARD." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: DEPUTY MAYOR BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE COMMISSIONER GILMORE: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. REPORTS 605. Commission Seat Three - Donald A. Gilmore Commissioner Gilmore said to Mr. Stevenson, "Tonight, we had three (3) Plans come before us - we had the Trotwood development in Tuscawilla, the number of units that were shown there, what was existing and what was to be added, did not agree. The layout on that drawing of the units did not agree." Tape 3/Side A ~ ti- II ...J ~ R" ~ ~ L-..1 '--' CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 23,2005 PAGE 22 OF 24 Continuing, Commissioner Gilmore said, "Then we had this - Development we just talked about, where they have been before us before, we objected at that time, we were told - 'This is just a Preliminary Plan', and I said it is amazing how Preliminary Plans become permanent. And when you counted the parking spots it did not agree with what was there. Then, and I did not bring it up at the time, but the development of major questions with the size of the lots and the setbacks and that." Commissioner Gilmore then said to Mr. Stevenson, "You people do an outstanding job, but you need to look at the information that is coming to us." Commissioner Gilmore added, "Three (3) cases tonight - it tells me that these Developers are not doing their homework." REPORTS 606. Commission Seat Four - Sally McGinnis ~ tt I ..., · ...J ~ -- .. :: L~.J l. J No Report. REPORTS 607. Commission Seat Five - Joanne M. Krebs Commissioner Krebs also commented about the County meeting on the 18th. Secondly, Commissioner Krebs asked why we did not have a Chamber of Commerce. Brief discussion. Next, Commissioner Krebs remarked about the Flag outside City Hall and stated, "It really needs to be replaced." Mayor Bush noted, "The City Manager will take care of that. " Commissioner Krebs then remarked that the City of Oviedo "Has taken a stand on Child Molesters." Commissioner Krebs noted, "I really would like us to look into it." Mayor Bush stated, "I agree with Commissioner Krebs." Regarding this topic, Attorney Garganese commented on legal criteria and stated, "I think there is probably more things to look into than just the twenty-five hundred (2500) square foot distance requirement." Commissioner Krebs then said, "I would like us to do something and follow suit." Deputy Mayor Blake commented, "I think we should do absolutely everything we can as a governmental entity to provide the highest level of protection possible. Having said that, I think we need to be careful about unintended results in the law." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 23, 2005 PAGE 23 OF 24 With further discussion on registering offenders, Mayor Bush noted, "I think Commissioner Krebs' recommendation and of course with the comments - Mr. Blake made are very appropriate and 1 think the Commission is in agreement that maybe we ask the Attorney to research this further." Commissioner McGinnis agreed and said, "I think we need to look at it." Furthermore, discussion covered Internet access concerning predators, and Commissioner Krebs said, "We could put that on our site too." Attorney Garganese suggested, "I don't think you should limit yourself to just looking at a distance requirement." Commissioner Krebs said, "Bring it back - bring us back something please." Mayor Bush said to the City Commission, "Weare in agreement then that Anthony [Garganese] will research this and bring back something for the Commission to take a look at." Attorney Garganese stated, "Okay." REPORTS 608. Office Of The Mayor - John F. Bush Mayor Bush said, "I did attend the Joint Advisory Committee meeting which was the initial meeting. We were allowed to appoint one (1) business person who was a resident of our City and 1 appointed Steve Glazier." Mayor Bush added, "Commissioner Gilmore is also on that Committee - we meet again next month." Then, Mayor Bush noted, "I think 1 gave Commissioner Gilmore his packet - you might give that to the Clerk, and she can make copies for the rest of the Commission to show the Agenda, etceteras; and, as soon as the Minutes come out from the County Commission, as Commissioner Henley's office is taking the Minutes so - we will see that you all get copies." With discussion, Mayor Bush added, "Don [Gilmore] and 1 will both make sure the Commission is fully comprised of anything that is discussed." Next, Mayor Bush mentioned his serving on some Committees with other local Elected Officials and the Sunshine Law. Attorney Garganese stated, "We can talk about it." Mayor Bush then noted a Ribbon Cutting event at Barclay Woods and advised the City Commission that all but two (2) units have been sold. A recent Tri-County League of Cities discussion on Water was mentioned by Mayor Bush. - 1 ~ ; ?...J .'-' ~ fIlr ~ ~ ~.J L-J CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 23, 2005 PAGE 24 OF 24 Mayor Bush then mentioned everyone receiving an invitation to an event at a Wireless Company in Lake Mary; and Mayor Bush noted that he had recommended that they contact Deputy Mayor Blake. Mayor Bush then suggested that Deputy Mayor Blake share any information "That the rest of the Commission needs to hear and see." Lastly, Mayor Bush commented on the Leadership Seminole organization, and remarked, "I recommended Commissioner Krebs do this - it is a ten (10) week commitment, ten (10) Fridays actually; starting in August." Commissioner McGinnis said, "Good." ADJOURNMENT Mayor Bush adjourned the Meeting at 10:02 p.m. RESPECTFULLY SUBMITTED: ANDREA LORENZO-LUACES, CMC CITY CLERK APPROVED: JOHNF.BUSH MAYOR NOTE: These Minutes were approved at the , 2005 Regular City Commission Meeting. .. I ;...i I W I W ~ -- :. ---: L~ '--'