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HomeMy WebLinkAbout2006 08 14 Consent 408 Approval of July 24 Regular Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING JUL Y 24, 2006 CALL TO ORDER The Regular Meeting of Monday, July 24, 2006 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, present City Attorney Anthony A. Garganese, present The Pledge of Allegiance was followed by a moment of silence. .:. .:. AGENDA NOTE: THE FOLLOWING A WARDS AND PRESENT A TIONS AGENDA ITEMS WERE DISCUSSED FIRST, AS DOCUMENTED, FOLLOWED BY THE REST OF THE AGENDA. .:. .:. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 100. Office Of The Mayor Presenting The City Commission With Information On Seminole County Driver Education Safety By Robin Butler, Principal Coordinator, Seminole County Traffic Engineering Department. Ms. Robin Butler, Principal Coordinator, Seminole County Traffic Engineering Department, 1101 East First Street, Sanford, Florida: addressed the City Commission and mentioned, "Slide number '19', I am going to pass around an amended slide - for your sheet number' 19'." Ms. Butler continued with her presentation. ,.-, r--' ;:- ~ ~ ~~ ;2: ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 24, 2006 PAGE 2 OF 39 With discussion, Commissioner McGinnis asked Ms. Butler, "Will you track the data for this? Will you be able to track if it has made a difference, if they went through this program?" Ms. Butler responded, "Absolutely." Discussion. Mr. Bob Dallari, County Commissioner, Seminole County Board of County Commissioners, 1101 East First Street, Sanford, Florida: also addressed the City Commission and spoke of partnerships between Seminole County and Seminole County cities. Regarding support for this project, Ms. Butler explained, "We could really use your support with the automobiles and the maintenance for the automobiles. It comes to approximately a hundred thousand dollars ($100,000.00)." Ms. Butler then noted, "We would like the City of Winter Springs and Winter Springs High School to be one of the pilots, so in order to have that, we would need that type of financial support." Chief of Police Daniel J. Kerr stated, "The City Manager and I have both talked briefly about the cars that when we go to replace our older vehicles, that there are some that would be able to be used for this project, and - we would be able to donate those vehicles." City Manager Ronald W. McLemore asked Ms. Butler, "About this hundred thousand [dollars] ($100,000.00) maintenance. Who is coming up with that?" Ms. Butler explained, "It is an estimate based on currently what is spent on the vehicles that they have had to use." Ms. Butler added, "This is an estimate." Mayor Bush said, "I would like to recommend that we ask the Manager and the Police Chief to look into this further in terms of the actual cost, and then come back to the Commission with - recommendation." Discussion. Furthermore, Mayor Bush recommended, "I would like to recommend that we ask the Manager and the Police Chief to look into this further and come back with maybe a more definitive number." Commissioner McGinnis said, "I support that." Manager McLemore suggested, "Why couldn't we think about a county-wide 'MSTU' (Municipal Service Taxing Units) tax rate which would almost be infinitesimal and contract with the Schools to do it for the County." ,-, r--, ;=- It:.... ~ ~ t::L.c s::::t... ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 24, 2006 PAGE 3 OF 39 AWARDS AND PRESENT A nONS 101. Office Of The City Manager Requesting The City Commission Consider A Request From WMFE For Financial Support. Mr. Steven McKenney Steck, Chief Executive Officer, WMFE, 11510 East Colonial Avenue, Orlando, Florida: spoke of connectivity and capacity. Continuing, Mr. Steck stated, "We are here to ask for the City of Winter Springs to provide a five thousand dollar ($5,000.00) per year capacity Grant for a three (3) year period." Furthermore, Mr. Steck mentioned, "Additionally, we want to bring an added value to the relationship of our capacity Grant donors through (Television Station) WMFE central Florida alliance network to ask you in association with your role with Seminole Government TV (SGTV) to participate in over the air free and accessible to all, broadcasting on the stations of (Television Station) WMFE, such that on one of our multi-casted channels, the C-SP AN channel. You would have a block of time for your programs or your programs produced in association with SGTV (Seminole Government TV), multiple plays throughout a week, throughout a year, at least once in prime time every week; not requiring your residents to subscribe to cable, you would have a regional presence in this marketplace and we would bring, we think added value to this Grant- making relationship as part of asking you all to be an ally in the central Florida alliance network. So, in closing, we're asking the City of Winter Springs as well as twelve (12) other local government entities in central Florida to provide, though in your case, a capacity Grant of five thousand dollars ($5,000.00) each year for a three (3) year period, beginning in the Spring of next year, though we hope you could approve it in the next sixty (60) days, to allow (Television Station) WMFE to assert your opportunities to have connectivity with your constituents, your constituencies or (Television Station) WMFE's viewers, listeners and members." Commissioner Joanne M. Krebs inquired, "How many times would we have a broadcast?" Mr. Steck replied, "Given the comparative Grant size to others, roughly about fourteen (14) times, I think." Discussion. "I MOVE THAT WE SUPPORT A FIVE THOUSAND DOLLAR ($5,000.00) PER YEAR, CAP ACITY GRANT, FOR THREE (3) YEARS." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. ..- "1 r--, ;;...- ..... :. -== g.... -=-- -=:c: ~ ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 24, 2006 PAGE 4 OF 39 DEPUTY MAYOR BLAKE SAID TO CITY ATTORNEY ANTHONY A. GARGANESE, "THE MOTION WAS TO EARMARK AN EXPENDITURE OUT INTO FUTURE YEARS, FUTURE TIME PERIODS. DO WE HAVE TO USE SOME SORT OF SPECIAL LANGUAGE IF WE ARE GOING TO BUDGET AN APPROPRIATION OUT, TWO (2) YEARS OR THREE (3) YEARS." ATTORNEY GARGANESE RESPONDED, "TYPICALLY, IF WE'RE GOING TO DO SOMETHING LIKE THAT, WE OUGHT TO PUT IT IN AN AGREEMENT. I DIDN'T SEE ONE ATTACHED. THE COMMISSION COULD ENTER INTO A CONTRACT TO PROVIDE THESE EXPENDITURES FOR A THREE (3) YEAR TIME PERIOD." ATTORNEY GARGANESE ADDED, "AND PUT THE APPROPRIATE BUDGET LANGUAGE IN THAT CONTRACT. IF WE'RE GOING TO GO OUT FOR A YEAR, I JUST WOULDN'T DO IT ON A MOTION. I MEAN WE WOULD HAVE TO COME BACK." MR. STECK STATED, "SURE, AND WE WOULD ANTICPATE THAT. AND IT WOULD PROBABLY, EVEN THOUGH WE'RE ASKING FOR THREE (3) YEARS, IT PROBABLY WOULD HAVE AN ESCAPE CLAUSE FOR EACH YEAR. WE UNDERSTAND THAT." Tape IISide B DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: NAY DEPUTY MAYOR BLAKE: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. PUBLIC INPUT Mr. Edward Martinez, Jr., 205 Little Creek Lane, Winter Springs, Florida: suggested the Driver's Education project should be funded by the School Board; spoke of rural Seminole County; and mentioned that resident Mr. Bob Rucci deserves an award for his recent event and his efforts related to a Dog Park for the City. Mr. Mervin Warner, 673 Keuka Court, Winter Springs, Florida: spoke of Agenda Item "400" and recommended that it be pulled for discussion related to traffic issues; asked about the status on the Cell Tower Ordinance; and the flags at the entrance to Tuskawilla. ..- .. r:--, :: c:::::::. -=c: s::a... ,..,. . ~ :.--. ;----. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 24, 2006 PAGE 5 OF 39 Mr. Ron Ligthart, 1036 Winding Waters Circle, Winter Springs, Florida: presented the City with a way to save the City money by providing a step for the men's restroom; along with a sign. Mr. Brian Buholtz, 106 Trace Point, Winter Springs, Florida: inquired about the status of funding for the extension of Orange A venue, and noted that it would provide an alternate access point. Ms. Helga Schwarz, 720 Galloway Court, Winter Springs, Florida: Mayor Bush stated, "She did not want to address the Commission; she is submitting Highland HOA's [Homeowner's Association's] continued objection to Ordinance 2006-05, 2006-06. She is opposed." PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 200. Not Used. PUBLIC HEARINGS 201. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For Second Reading / Adoption Of Ordinance 2006-05, A Small Scale FLUM (Future Land Use Map) Amendment Which Changes The Future Land Use Map Designation Of Two Parcels Totaling 1.17 Acres, Located On Lake Lucerne Circle From (Winter Springs) "Industrial" To (City Of Winter Springs) "Medium Density Residential". Attorney Garganese read Ordinance 2006-05 by "Title" only and stated, "There is a revised Ordinance per the Commission's direction on the last time this was considered. Section 9. Effective Date will include a sentence that reads, 'In addition, even if this Ordinance is found to be in compliance per a final order as provided above, this Ordinance shall only take effect at such time that Ordinance - 2005-29 becomes effective' ." Ms. Eloise Sahlstrom, ASLA, AICP, Senior Planner, Community Development Department 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. I ":J r~, ::-- ~ ~ ~ ,.... . P. ~ ri CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 24, 2006 PAGE 6 OF 39 "I WILL MAKE THE MOTION THAT WE APPROVE ITEM '201'." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER GILMORE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: NAY DEPUTY MAYOR BLAKE: AYE MOTION CARRIED. PUBLIC HEARINGS 202. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For Second Reading / Adoption of Ordinance 2006-06, A Small Scale FLUM (Future Land Use Map) Amendment Which Changes The Future Land Use Map Designation Of One Parcel Totaling 1.72 Acres, Located At 1228 Florida Avenue From (Winter Springs) "Industrial" To (City Of Winter Springs) "Medium Density Residential". Attorney Garganese read Ordinance 2006-06 by "Title" only. Ms. Sahstrom brief addressed the City Commission 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 WILL MAKE THE MOTION THAT WE APPROVE ITEM '202'." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: NAY DEPUTYMAYORBLAKE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Attorney Garganese said, "Just for the Record, that will include the Conditional Effective Date I read into the Record for the prior Ordinance." .--... r--, :;:::... '---' ~ &':Lc ~ ri CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 24, 2006 PAGE 7 OF 39 PUBLIC HEARINGS 203. Community Development Department Requests That The City Commission Approve The Williams Lot Split, And Authorize Its Recordation. [Resolution 2006-38] Mr. John Baker, AICP, Senior Planner, Community Development Department presented 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. Ms. Rachel Christensen, P.E., Christensen & Associates, 412 Mead Drive, Oviedo, Florida: addressed the City Commission on the Stormwater. Discussion ensued on the Settlement Agreement with the Yeager's and access. Dr. Douglas Paul Williams, D. VM, 1491 East State Road 434, Suite 109, Winter Springs, Florida: addressed the City Commission. Further discussion. Attorney Garganese noted, "The Final Engineering has been approved. They're relying on it, they're in the process of construction; and I would advise not changing that at this point." Attorney Garganese added, "This Lot Split should be subject to that Final Engineering because the Final Engineering shows - one (1) access point, one (1) shared access. " "MOTION TO APPROVE - WITH THE STIPULATION THAT THERE BE ONE (1) ACCESS ROAD FOR BOTH LOTS [RESOLUTION 2006-38]." MOTION BY COMMISSIONER McGINNIS. ATTORNEY GARGANESE NOTED, "THAT CONDITION WOULD GO INTO THE LOT SPLIT RESOLUTION - THE AGREEMENT THAT THE COMMISSION IS APPROVING." SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: NAY COMMISSIONER MILLER: AYE MOTION CARRIED. ,....., r-, ~ ~ J::r::: r--' . ,.... I :.-C ; : CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-JULY 24,2006 PAGE 8 OF 39 PUBLIC HEARINGS 204. Community Development Department - Planning Division Requests The City Commission Consider The Amendment To Developer's Agreement For Seminole Trail Animal Hospital, Inc., Located At 383 Vistawilla Drive, On Lot 4 (Out-Parcel 2) Of Tuscawilla Tract 15 Parcell-C (Former Kash N' Karry Shopping Center, Now Metro Church). Mr. Baker presented his opening comments related to 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. Discussion. Tape 2/Side A With discussion, Deputy Mayor Michael S. Blake said, "The lot was originally intended, when it was subdivided through the Developer's Agreement and the Settlement Agreements, to be a single building and an office type environment." Deputy Mayor Blake added, "Now instead oflooking at one (1) building, we are looking at two (2) buildings. Now, instead of one (1) sign, we are looking at two (2) signs. I understand the entrance way has already been done, and that is unfortunate, but the fact of the matter is, we are creating a traffic point here, a traffic point there, and a traffic point here, and now we are going to line it with buildings and signs to cut down on your site distance, and it is a residential area. I don't feel comfortable with that." Then Deputy Mayor Blake noted, "I would tend to think that these types of buildings in that location would be best served by building mounted signs of an appropriate type and if there needs to be a tenant, ground mounted sign that one as is already approved should be the maximum, so, I can't really support using two (2) signs. Especially, as Commissioner [Robert S. ] Miller said, with one (1) entrance and egress that it makes sense to have just one (1) sign as well." Ms. Rachel Christensen, P.E., Christensen & Associates, 412 Mead Drive, Oviedo, Florida: remarked, "From a marketing perspective and from a Site development perspective and an appropriate placement and function of the Site, the two (2) signs make a great deal of difference to a potential user or potential buyer for that property. It is a long piece of frontage and yes, there will be a single driveway and we're committed to that, but the second sign is very important to us. The original Approval did allow for only one (1) sign. We recognize that we need Commission approval for this. The original sign was actually a Waiver from the City Code Criteria to allow a taller sign. ,--., r;....' ::- ~ ~ ~ I f."'"'... :---d :..-: -; ;----,. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JULY 24, 2006 PAGE 9 OF 39 We're willing to put in two (2) signs to meet City Code foregoing the additional height that was allowed by the Developer Agreement; if we can in fact, get approval for two (2) signs. We think that the signs are tasteful. They will be appropriately located to provide suitable site distances. We have analyzed the driveway location, and the landscaping and the sign location with regard to appropriate site distances in terms of the speed of the road and the curvature of the road and we certainly understand those issues and they're very important. We would like consideration." Commissioner Sally McGinnis asked, "What was the height of the sign - the Waiver, the tall sign you referred to?" Mr. Baker said, "The Development Agreement allowed them to go to eight feet nine inches (8' 9") tall in instead of the eight feet (8') required by Code." Discussion. Commissioner Miller said, "Something to think about, if it is going to be one (1), eight foot (8') sign; how about if they are just two (2), four foot (4')?" Commissioner McGinnis said, "I like that." Commissioner Miller said, "It is not nearly intrusive as an eight foot (8') sign to start with." Dr. Williams stated, "One problem when talking about putting signs on the building, the row of trees that they have precludes that, you can't see anything - and the second building - the landscaping already has a large row of trees, it's already lining Vistawilla [Drive] and you can't see the building hardly. You won't be able to see whenever the second building is built. You can't see it because of the amount of landscaping that separates it, so a sign on the building wouldn't work. And really even on my place, I mean there is really no particular location that a sign would be suitable for the aesthetics that we've done for it. The cultured stone that we're putting on the east face of it, the area that you see from the street, we don't have a location where you can put building mounted signs, that has any kind of visibility from the street, so that's the problem that we have run into." Discussion. "I WOULD LIKE TO MAKE A MOTION THAT WE DIRECT THE CITY MANAGER TO ENTER INTO A DEVELOPER'S AGREEMENT THAT ALLOWS FOR TWO (2) SIGN LOCATIONS NOT TO EXCEED - FOUR FEET (4') HIGH, SIX FEET (6') WIDE TO BE LOCATED ON EACH SIDE ADJACENT TO THE SINGLE ENTRANCE WAY IN SUCH A MANNER SO AS TO NOT OBSTRUCT VISION OR ENTRANCE/EGRESS PURSUANT TO THE NORMAL CITY GUIDELINES ON THE SITE TRIANGLE." MOTION BY DEPUTY MAYOR BLAKE. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER McGINNIS." DISCUSSION. ...., r--, i: IE: _ ~ ,..,. I ...... I --a :..- ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 24, 2006 PAGE IOOF39 DEPUTY MAYOR BLAKE SAID, "THAT MOTION ALSO INCLUDED THAT THAT WAS ALL OF THE SIGNAGE - NO BUILDING SIGNAGE OTHER THAN A SMALL DOOR ENTRANCE PLAQUE SIGNAGE THAT COULD BE ON THE BUILDING OR ON A GLASS DOOR OR SOMETHING LIKE THAT. IN OTHER WORDS, SOMETHING THAT IDENTIFIES THE DOOR AS TO WHAT IT IS." VOTE: COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. PUBLIC HEARINGS 205. Community Development Department Requests That The City Commission Approve The Bledsoe Lot Split, And Authorize Its Recordation. Mr. Baker introduced this Agenda Item and said, "We as Staff, do recommend Approval of this." 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. Mr. Richard Taylor, Esquire, 531 Dog Track Road, Longwood, Florida: representing the Bledsoe's and commented, "First of all, I want to thank the Staff and compliment your Staff. I met with many of them initially and then worked with Mr. Baker who has been very professional, very helpful." Mr. Taylor further spoke on this Agenda Item. Commissioner Donald A. Gilmore said to Mr. Taylor, "On this Plot Plan right here, will you draw a line where the lot divide occurs - that drawing right there is what I want to see it on." Commissioner Gilmore then said, "May I suggest, that you take attachment 'B' and transpose that to attachment 'A', J 000 [Baker]? In fact can you take your drawing and lay it on the table and draw a line - there it is, right there. Okay, that is what I want to see. However, I want to see it in relationship to the surrounding area, this map right here." ,-, r.....' :: till. _ ~ ~ ,...... I ~ :.---; ; -,. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 24, 2006 PAGE 11 OF 39 With discussion, Commissioner Gilmore said, "Does that meet the compatibility requirements?" Mr. Taylor said, "I think that it does." Further discussion. Attorney Garganese said, "Generally, the Commission had a rule that once a property has been divided it could no longer be subdivided a second time, and the Commission after numerous Workshops and Public Hearings, relaxed that requirement or that prohibition. They relaxed it by adopting the changes to Chapter 9 that would permit lot splits under limited circumstances if, and only if the Applicant could demonstrate Compliance with the Criteria that the Commission approved. And one of the Criteria is the Application must be compatible and in harmony with the surrounding neighborhood including with respect to the size of existing surrounding lots and development trends in the neighborhood, which have been previously approved by the Commission." Attorney Garganese then said, "And I just want to clarify one point for the Record - one of the Commissioners said that other lot splits have been approved in the past by the City; I think that should be qualified for the Record. There have not been many lot splits approved subsequent to the adoption of this new Criteria that is on page 2." Discussion. Next, Attorney Garganese said, "Where would the access point be for - proposed lOA - I just want to clarify that for the Record. It looks to me like access would be - the only access point available for lOA if this was approved, would be Hayes Road." Mr. Baker said, "The - new lot would be Hayes Road. Yes, Sir." Attorney Garganese asked, "Are there any other lots with access to Hayes Road in this particular area?" Mr. Baker responded, "It looks like the lot immediately north of the Bledsoe's has a driveway onto Hayes [Road] - south of East Panama [Road], yes." Attorney Garganese said, "Okay, I just wanted to clarify that fact." "I MAKE A MOTION THAT WE DISAPPROVE THE REQUEST FOR THE LOT SPLIT - DENIED FOR LOT SPLIT ITEM '205'." MOTION BY COMMISSIONER MILLER. SECONDED BY DEPUTY MAYOR BLAKE. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER McGINNIS: NAY COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. Attorney Garganese said, "Mr. Taylor, I'm going to need to preserve these documents for evidentuary purposes and preservation of the Record." ,.-, r--;:J ;:- ~ ~ rv=: ,..... .. f"" I ~ ;-::; CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 24, 2006 PAGE 12 OF 39 Mayor Bush called a Recess at 8:45 p.m. Mayor Bush called the Meeting back to Order at 9:01 p.m. Next, Mayor Bush acknowledged former Mayor Paul Partyka, who was in attendance. REGULAR AGENDA REGULAR 300. Not Used. .:. .:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS DISCUSSED IN THE ORDER AS DOCUMENTED, FOLLOWED BY THE REST OF THE AGENDA. .:. .:. REGULAR AGENDA REGULAR 303. Office Of The City Manager Requesting That The City Commission Approve Resolution No. 2006-37, Computing The Proposed Millage Rate (Cap) For Fiscal Year 2006-2007 At 4.7500 Mills Or Some Other Rate The City Commission Deems More Appropriate, Establishing The Rolled-Back Rate, And Setting The Date, Time And Place Of A Public Hearing To Consider The Proposed Millage Rate And Tentative Budget For Fiscal Year 2006-2007. Ms. Michelle Greco, Director, Finance Department presented this Agenda Item. Tape 2/Side B Discussion. Commissioner Miller stated, "For the purposes of something that I think is really, critical regarding Legacy Park and its impact on certain areas of the City, I feel that 'Traffic Calming' is a critical item that needs to be addressed in this forthcoming Fiscal Year. The estimate seems to be at one hundred, ninety thousand dollars ($190,000.00) which would be about 1/10th of a Mil, about one hundred, ninety-five thousand dollars ($195,000.00), so I would like to add in that to the existing number, which we are all talking about which is - 4.7500 and if we added in 1/10th of a Mil it would come to 4.8500 and that would keep in the discussion the item which I think is very important- 'Traffic Calming' is the result of Legacy Park coming in." Commission Miller then said, "If we are going to set it at anything, that we set it at 4.8500 instead of 4.7500 and that 1/1Oth of a Mil would be an item that I want to make sure doesn't get dropped off because we didn't set the Mil rate high enough." ,.- 11 r--, ~- .. ~ rv-.:: ,-. I ,..... I -~ :.- . ; ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 24, 2006 PAGE 13 OF 39 Discussion. Commissioner Gilmore suggested, "If we put in the Department request, plus the Manager's that would be 4.448 and if we went with last year's rate of 4.750, this would leave .302 for the Commissions' 'Wish list'." With further discussion on the revised documentation, Commissioner Gilmore noted, "The bottom line is we could keep last year's Millage Rate and still have .302 for the 'Wish list' items." Furthermore, Commissioner Gilmore remarked, "I was a little concerned about seeing the Bear Creek Boardwalk in this Budget, because - you know that is a safety issue. That thing should have been done a long time ago." Ms. Greco said, "Commissioner Miller was talking about Traffic Calming. I just wanted to bring up that there currently is one hundred thousand dollars ($100,000.00) in the Road Improvement Fund for Traffic Calming." Commissioner McGinnis referenced the City Commission's 'Wish list'and said, "I don't know how some things got taken out and some things are here - WiFi isn't here and that was always the number one (1) 'Wish list'." Manager McLemore said, "WiFi will be something that we will develop once we understand what it is we want to do. The only thing we want to make sure we funded was the Study - I think we did that in this year's Budget, or we will do it in this year's Budget anyhow." Discussion. Commissioner Krebs said, "I also want to be sure that - we have the room we need for 'Compression'..." Manager McLemore said, "...At 4.75 you have room to deal with all those issues." Commissioner Krebs said, "I just want to make sure we take care of 'Compression' and if that doesn't handle it, then I guess we could always go back through the Budget and slash that too." Further discussion. Mayor Bush said, "The Commission also is putting the 'Compression' issue at the top of the list..." Commissioner McGinnis said, "... Yes..." Commissioner Krebs also stated, "...Yes." Mayor Bush continued, "...To take care of that and of course, that is data we don't have yet. We have the one percent (1%) and the Manager's Budget, but the Commission asked for I believe for two (2) [percent] - I think we should look at 2, 2.5, and 3. . ." Commissioner McGinnis said, "... I would like to look at it." Discussion followed on the wording in the Trim (Truth in Millage) Notice. 1/ ... r/'"'", ;:: B: ~ ~ ,.... I ,.... I --d ~. ; . CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUL Y 24, 2006 PAGE 14 OF 39 "MOTION TO TABLE." SECONDED. DISCUSSION. MOTION BY DEPUTY MAYOR BLAKE. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE FOLLOWING INFORMATIONAL AGENDA ITEM WAS DISCUSSED NEXT AS DOCUMENTED, FOLLOWED BY THE REST OF THE AGENDA. .:. .:. INFORMATIONAL INFORMATIONAL 507. Community Development Department - Urban Beautification Services Division ADD-ON Updating The City Commission On The Status Of Warranty Replacement Of The Diseased Magnolia Trees And Plant Material Located In The SR (State Road) 434 Village Walk Plaza Area. Mr. Randy Stevenson, ASLA, Director, Community Development Department presented this Agenda Item for discussion. Commissioner Miller said, "The only thing you haven't mentioned is timing on this." Mr. Stevenson said, "Commissioner Miller, I will have to get back with you. I don't know the exact timing, but I know they met today. They were supposed to meet last week. They did get out there and met on the site today. We can certainly monitor that and bring back information to you." With discussion, Commissioner Miller suggested, "If we can get the money from them, let's just go ahead and put them in ourselves, in the next month, because the next thing that is going to happen is people are going to tell me ' Well, now is not the right time to plant them, because you really only plant them in the Spring'." Mr. Stevenson stated, "We can monitor the progress and I'll get you an update on the timing." ~ r-;--, ~ ~ ~ ,..... I r' I -~ : ; . ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 24, 2006 PAGE 15 OF 39 Mayor Bush said, "We agree it's a problem and I think Randy [Stevenson] needs to contact the County Commission so we get a date on this and if it isn't a reasonable date; matter of fact - send an email to the Commissioners, 'This is what they are saying' and if that date does not seem reasonable then I think we need to talk to the County Commissioners." Mr. Stevenson said, "As soon as I get a date, I will try to get one for you tomorrow or the next day, I will email that out." Mayor Bush added, "Okay - stay on top of this because it really looks bad." Mr. Stevenson stated, "Okay." Deputy Mayor Blake said, "If the City takes over the project, then we are responsible for the Warranty on it. Correct?" Mr. Stevenson noted, "That's correct." Deputy Mayor Blake said, "I don't think we should do that. I think we should hold their feet to the fire and get it done, but I don't want to pick up the responsibility of replacing it, the next time." Mayor Bush said, "I think we would all agree with that. But, I also would agree with Commissioner Miller that this needs to be done." .:..:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS DISCUSSED NEXT AS DOCUMENTED. .:..:. REGULAR AGENDA REGULAR 302. Office Of The City Attorney Requests The City Commission Consider And Approve Resolution 2006-36 Determining The Necessity And Public Purpose For The Hayes Road Intersection Improvement Project And Determining The Necessity And Public Purpose For Acquiring, By Eminent Domain, Fee Simple Ownership Of Designated Parcels Of Real Property In Winter Springs, Florida. Further This Resolution Authorizes The City Attorney's Office To Initiate Eminent Domain Proceedings To Acquire Designated Parcels, And Providing For An Immediate Effective Date. Attorney Garganese said, "This item is coming back to you after a City Commission directive some time ago - this Resolution would authorize the initiation of Eminent Domain proceedings to take property that is depicted on the Survey attached to the Resolution, for purposes of constructing a right turn-lane on State Road 434 at the Hayes Road intersection, heading eastbound. To date, they have not been successful to negotiate the purchase of this. Initiating the Eminent Domain proceedings would authorize my office to work with Staff to present a more formal offer to the Property Owner, and if necessary, file the appropriate Petition in Court to quick take this property, so the right turn-lane can be constructed." I ~ r-, :--- WI:. -:w ~ ,.... I f"" . ~ ;--. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 24, 2006 PAGE 16 OF 39 "MOTION TO APPROVE COMMISSION McGINNIS. DISCUSSION. RESOLUTION 2006-36." MOTION BY SECONDED BY COMMISSIONER MILLER. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS AGAIN DISCUSSED AS DOCUMENTED, FOLLOWED BY THE REST OF THE AGENDA. .:. .:. REGULAR AGENDA REGULAR 303. Office Of The City Manager Requesting That The City Commission Approve Resolution No. 2006-37, Computing The Proposed Millage Rate (Cap) For Fiscal Year 2006-2007 At 4.7500 Mills Or Some Other Rate The City Commission Deems More Appropriate, Establishing The Rolled-Back Rate, And Setting The Date, Time And Place Of A Public Hearing To Consider The Proposed Millage Rate And Tentative Budget For Fiscal Year 2006-2007. "MOTION TO REMOVE FROM TABLE." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER McGINNIS: AYE DEPUTYMAYORBLAKE: AYE MOTION CARRIED. Ms. Greco said, "Attachment 'D' in your packet shows - an example TRIM (Truth in Millage) Notice and as you can see it separates the operating Millage from the Voted Debt Service." Discussion. ,--, r--, ;;-- ~ rr: f""" I ,..... I l:! : ; . :II CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 24, 2006 PAGE 17 OF 39 "I MAKE A MOTION THAT WE SET THE OPERATING MILLAGE RATE CAP TENTATIVELY AT 4.2919 MILS AND THE VOTED DEBT MILLAGE RATE AT .1100 MILS FOR A TOTAL MILLAGE OF 4.4019 WHICH REPRESENTS A MILLAGE RATE OF - 9.5 PERCENT ABOVE THE ROLLED BACK RATE OF 3.9195." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. DEPUTY MAYOR BLAKE ADDED, "FOR CLARIFICATION PURPOSES, THE MOTION WAS TO SET THE TENTATIVE OPERATING MILLAGE RATE AT 4.2919 MILS - AND THE VOTED DEBT TENTATIVE MILLAGE RATE AT .1100 MILS FOR A TOTAL MILLAGE RATE TENTATIVELY OF 4.4019 MILS WHICH REPRESENTS A 9.5 PERCENT INCREASE OVER THE ROLLED BACK RATE OF 3.9195 OPERATING MILS." MOTION BY DEPUTY MAYOR BLAKE. MANAGER McLEMORE SAID, "YOU CAN DEFINITELY DEAL WITH THE 'COMPRESSION' AND THESE OTHER ISSUES. IT MAY PUT YOU IN A POSITION TO HAVING TO CUT SOME THINGS THAT ARE ALREADY THERE IN THE MANAGER'S RECOMMENDATION, AND IT MAY NOT." VOTE: DEPUTY MAYOR BLAKE: AYE COMMISSIONER GILMORE: NAY COMMISSIONER MILLER: NAY COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. "I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE RESOLUTION 2006-37 - WITH THE REVISED MILLAGE AS STATED IN THE PREVIOUS MOTION." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Ms. Greco stated, "Did we want to discuss any future Workshop dates?" Mayor Bush remarked, "We can do that under our Seats." ,-, r....' ~- !rL ~ rr=: r" I 1""'....... -~ :.--. ; -- CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 24, 2006 PAGE 18 OF 39 REGULAR 301. Community Development Department Requests The City Commission Consider The Final Engineering Plans And Development Agreement For The Villa Grande Condominium Development. Villa Grande Is Comprised Of 152 Condominium Units And Associated Infrastructure On 4.78 Acres In The Town Center On The North Side Of SR (State Road) 434, Just East Of The City Hall Building. Mr. Stevenson presented this Agenda Item. Tape 3/Side A Discussion ensued with Staff. Commissioner Gilmore said, "Where are the roadway entrances for vehicles?" Mr. Stevenson responded, "The vehicles are limited to this entrance right here off what will be Edge Drive and this is the main entrance to the parcel right here." Commissioner Gilmore said, "With that high density that is in there, is that adequate for one (1) entrance?" Mr. Stevenson said, "I have seen high density on other apartment complexes primarily that have similar entrances." Commissioner Gilmore asked, "This right here, is that for emergency vehicles?" Mr. Stevenson said, "That is a secondary emergency egress. " Further discussion. Continuing, Commissioner Gilmore said, "When this came before us, we saw such a beautiful rendition, it looked like a French street - where all the trees were in bloom and everything else. Is it going to look that way at the end of the project?" Mr. Stevenson said, "We have the Landscape Plan and it calls for those types of plant material." Commissioner Gilmore said, "But not many of them." Mr. Chad Oakley, LaCesse Development Corporation, 650 South Northlake Boulevard, Suite 450, Altamonte Springs, Florida: stated, "Yes, to answer your question - we will have it heavily landscaped and it will look as nice, if not nicer than what we originally proposed. " Commissioner Gilmore asked, "With all the flowering trees?" Mr. Oakley said, "Yes. With palms and trees and we've worked with Staff in working on the overall - of the buildings and the landscape plantings - you can see on your Plans, and the Landscape Plans as well." ....--. r--, :=- if _ ~ ,.-ra . ,-. . :G . ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 24, 2006 PAGE 19 OF 39 Furthermore, Commissioner Gilmore said, "What are the flowering trees that will be in there? What are they?" Mr. Oakley noted, "I wish I had my Landscape Architect with me to answer all of those specifics as specimens go." With further discussion, Commissioner Gilmore said, "I don't see many flowering trees to depict what I saw in those pretty artistic renditions when this project was sold." Mr. Oakley said, "The landscape itself is actually going to be comparable, if not better than what we originally posed." Commissioner Gilmore then inquired, "Is it going to be colorful?" Mr. Oakley said, "Yes. It will be colorful." Mr. Oakley then said, "When we do our Aesthetic Review, you are going to see all of the pictures, everything drawn to scale on the Aesthetic Review as far as the plantings go, as the perimeter of the project, as far as our streetscapes elevations. You are going to see that. Everything will be done to scale." Commissioner Gilmore said, "When we do our Aesthetic Review?" Mr. Oakley said, "That's correct." Commissioner Gilmore then remarked, "Then don't come back and say 'Well, that was covered under the Engineering Review'. Because I am afraid that is what is going to happen." Commissioner McGinnis said, "My main concern in the beginning was the look of a gated community. You have taken care of that - You talk about building in two (2) phases, this would be a two (2) phase project." Commissioner McGinnis then commented, "You are not going to build it all at once, right, or are you?" Mr. Oakley said, "We would like to. Sales permitting, we would like to do it all at once." Commissioner McGinnis said, "What is your time frame?" Mr. Oakley said, "As soon as we get through Aesthetic Review, we'll roll through the plans and try to get through the Building Department and - we actually just leased one (1) of the office spaces next door to open up our sales and then really start going for it." Discussion. Commissioner Gilmore then inquired, "The one thing that really surprised me is why are we putting Slash Pine in there? And Cabbage Palms?" Mr. Stevenson said, "I will double check that for you Commissioner." "MOTION TO APPROVE." MOTION BY COMMISSIONER McGINNIS. SECONDED BY DEPUTY MAYOR BLAKE. DISCUSSION. ,..., r--, ~ ar :. ~ ,... . r'" . ~ :- . ; :II CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 24, 2006 PAGE 20 OF 39 VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. REGULAR 304. Community Development Department Requests The City Commission Review The Attached Implementation Language For A Citizen Awareness And Participation Plan (CAPP) And Provide Comments Or Recommended Revisions And Also Provide Direction To Staff For Implementation Of The CAPP (Citizen Awareness And Participation Plan) Program, Including Incorporation Of The Proposed Language Into The City's Code Of Ordinances. Mr. Stevenson briefly began the introduction related to this Agenda Item. .:..:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEMS WERE DISCUSSED NEXT, IN THE ORDER DOCUMENTED. .:..:. REGULAR AGENDA REGULAR 306. Office Of Commissioner Sally McGinnis Requests That The Applicant Of The West End Professional Offices Reconsider Adding Something Architecturally To The Front Plaza Area. Commissioner McGinnis remarked, "Following our approval for the West End Professional Center, I did think about talking to the Applicant again and asking them to please reconsider in adding an architectural enhancement in the form of perhaps sculpture. I did talk to Paul Partyka about this. I just think it is an opportunity. All I am asking is if they would consider it. I think it is an opportunity to have this building create an identity - like no other in the City. We do not have any sculpture in the City." Continuing, Commissioner McGinnis suggested, "I think in our community we could probably find somebody who is willing - a beginning Sculptor, or an Artist - they are not going to donate all the materials, but they might donate their talent. I would like for you to look at it again." ~ ~--, i: ~ rv-=; t"" . ...... . ~ ;---: CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 24, 2006 PAGE 21 OF 39 Mr. Carl Napolitano, Allen, Dyer, Doppelt, Milbrath & Gilchrist, P.A., 255 South Orange Avenue, Suite 1401, Orlando, Florida: noted that he is one (1) of seven (7) of the partners and stated, "It is estimated that a suitable budget for the purchase and installation of an appropriate sculpture in keeping with the tastes and style of a Class A professional office building will be about fifty thousand dollars ($50,000.00). The owner asks the City to contribute fifty percent (50%) to the sculpture project with such a contribution by the City, not to exceed twenty-five thousand dollars ($25,000.00). Keeping in mind that varied tastes of individuals, especially with regard to art - it is intended that the owners select the work of art in the form of a sculpture and have it installed, or at least ordered by a date coinciding with the Certificate of Occupancy. The Commissioners will have the right to timely approve the selected sculpture with approval not being unreasonably withheld." With further discussion, Commissioner McGinnis suggested, "Before we commit ourselves to a real dollar figure, I would like to see some effort made to talk to our art schools." Discussion. Discussion. Commissioner Miller said, "So, there is not going to be a fountain? There is not going to be any art work? You asked the City to go in half with you right now." Mr. Napolitano said, "That's on this proposal." Commissioner McGinnis said, "I appreciate you coming tonight and gIvmg it consideration." Mr. Napolitano said, "If you know of Artists that are interested, I'd be more than happy to talk to them." Commissioner McGinnis said, "I will look into it. I would be happy to do that." Mayor Bush said, "No further action on this Item?" Commissioner McGinnis said, "No." REGULAR 305. Office Of Commissioner Joanne M. Krebs Requesting The City Commission Authorize The City Attorney To Write An Ordinance To Protect Gopher Tortoises In The City Of Winter Springs, And To Encourage Other Municipalities To Do The Same. Commissioner Krebs first presented this Agenda Item and stated, "Attached to your item, you will find a news article that was circulated - about the Gopher Tortoises that are now on the list - that are threatened with extinction." ... ~ r--, :: -- ~ ~ ,-. I ,..... I ~c: :. -. ; ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 24, 2006 PAGE 22 OF 39 Brief discussion followed about to an Ordinance from the City of Minneola, Florida. There were technical difficulties on the remaining portion of this side of this audiotape. Tape 3/Side B Mayor Bush stated, "The Manager is recommending the Consultant - either in person or on the phone." Commissioner Krebs noted, "lfwe are going to have a Consultant, then 1 would suggest doing the least - costfactor, if that is what everybody agrees to." Deputy Mayor Blake said, "1 am certain there is information that Staff can compile for us and bring back and then we can decide after reviewing that information, what our next step should be." With further discussion, Deputy Mayor Blake remarked, "Bring us back your recommendation based on information that you are able to ascertain - whatever it takes. " Commissioner McGinnis remarked, "A phone call to the Attorney - 1 would like to empower the City Manager to make that phone call. Find out what we can do, what we can't do." Commissioner McGinnis noted, "That is my recommendation - 1 support that. " Mayor Bush said, "So the recommendation is that the Manager will - contact this person, make it an available time and 1 think Commissioner Krebs needs to be available for that." Commissioner Krebs said, "1 said 1 would be there." Regarding the time, Mayor Bush said, "The Manager needs to coordinate that with you." Commissioner Krebs said, {'That is fine. " Continuing, Mayor Bush remarked, "Do we have a Consensus on that?" Commissioner McGinnis said, "Yes." Mayor Bush said, "Commissioner Miller?" Commissioner Miller nodded in agreement. There were no objections noted. .:. .:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEMS WAS AGAIN DISCUSSED, AS NOTED. .:..:. REGULAR AGENDA ,..-, r.....-=1 ~- 4r ~ ~ .-. I ~ I ~G :,...-: ; . CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JULY 24, 2006 PAGE 23 OF 39 REGULAR 304. Community Development Department Requests The City Commission Review The Attached Implementation Language For A Citizen Awareness And Participation Plan (CAPP) And Provide Comments Or Recommended Revisions And Also Provide Direction To Staff For Implementation Of The CAPP (Citizen Awareness And Participation Plan) Program, Including Incorporation Of The Proposed Language Into The City's Code Of Ordinances. Mr. Stevenson introduced this Agenda Item and stated, "Staff recommends that you approve the proposed implementation language or any revisions that you might like to see - to this said language and direct Staff to incorporate this language into the City's Code of Ordinances and in addition, we would ask that you give us some feedback and information on the draft language that is contained in what we are calling the CAPP (Citizen Awareness and Participation Plan) Handbook." Commissioner McGinnis said, "This came about because I saw this program in Longwood and brought it to the Commission. Somewhere in this, I think we should give credit to Longwood." Mr. Stevenson stated, "Absolutely." Commissioner McGinnis said, "One thing I did not notice, when we talk about the 'Applicant must hold community meetings' - they have to call a meeting, but we don't say that it should be as close to the proposed project as possible." Mr. Stevenson commented, "So you'd like language that the meeting would be scheduled in a location as close to the project as possible?" Commissioner McGinnis said, "Yes." Commissioner McGinnis noted, "There are some typos that I will talk to you privately about." Mr. Stevenson said, "Found some of them." Then, Commissioner McGinnis noted where it says, "It is important that all meeting notices get to people early enough so they can make plans to attend your meeting - and it says, Notices to meetings should reach invitees ten (10) to fourteen (14) days before the meeting, I would suggest we would say, 'Notices of meetings must reach invitees ten (10) to fourteen (14) days'. I think not 'Should', 'Must' - or 'Shall'." Mr. Stevenson said, "We can make the language imperative." Furthermore, Commissioner McGinnis then said, "In the very beginning under 'Attachment A', it is the second page, its - 6. c. It says, 'Other interested parties who have requested to be placed on an interested party's notification list maintained by the Community Development Department.' Well, how would people know about that?" Mr. Stevenson resplied, "What we already have in place is - this primarily speaks to Homeowner's Associations who want to be notified of anything happening in their area. We have a number of those who already maintain a database." Commissioner McGinnis pointed out, "That is mentioned in b. Then, c. says 'Other interested parties who have requested' ..." Mr. Stevenson remarked, "... These would be outside of what we would consider the public notification area." ~ r;--, :--= ..~ ;- pr=; ~ << ~ ~ rl CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 24, 2006 PAGE 24 OF 39 Commissioner McGinnis asked, "How do people even know about getting on that list?" Mr. Stevenson said, "I would have to check on this, Commissioner. And if not, we can certainly put it on our Website." Commissioner McGinnis said, "Okay." Discussion. Commissioner Gilmore said, "I question whether a 150 feet (150') or even 500 feet (500') is adequate." Commissioner Gilmore added, "You need 1,015 feet." Mr. Stevenson said, "We certainly have the ability again, we had said 150 to 500 feet (150-500') and we have the ability to modify those requirements." Further discussion. Deputy Mayor Blake suggested, "We have a Website, we have a Newsletter. If we send out in our quarterly Newsletter, a page that maybe is just a link that goes to the Website, with this information that we get in our Consent Agenda every Meeting that shows the current status of new projects corning to Winter Springs, frankly if people hear about it, early on in the process, then they can make their calls; then they can call their Elected Official, then they can get the real story behind what is really happening. They can be informed, and they can get involved in the process that already exists for public input." Discussion. "I WOULD LIKE TO MAKE A MOTION THAT WE DIRECT THE CITY MANAGER TO PROVIDE FOR LARGE-SCALE DEVELOPMENT REQUEST NOTIFICATION ON THE WEB SITE AND THROUGH THE QUARTERLY NEWSLETTER AND THAT WE NOT FORM A CITIZEN AWARENESS AND PARTICIPATION PLAN (CAPP)." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. COMMISSIONER MILLER SAID, "I WOULD JUST LIKE TO MAKE SURE THAT STAFF BRINGS IT TO OUR ATTENTION IMMEDIATELY WHEN THEY BECOME A WARE OF IT, OF ANY OF THESE ISSUES." MR. STEVENSON NOTED, "THERE REALLY IS NO 'BOARD' ASSOCIATED WITH THIS. THIS IS A PROCESS." ,......, r:--, ;: "--J -== ~ I r::L. ~ ; ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 24, 2006 PAGE 25 OF 39 VOTE: COMMISSIONER GILMORE: NAY COMMISSIONER McGINNIS: NAY COMMISSIONER KREBS: NAY COMMISSIONER MILLER: AYE DEPUTY MAYOR BLAKE: NAY MOTION DID NOT CARRY. "I WOULD LIKE TO MOVE THAT WE ADOPT THE CAPP (CITIZEN AWARENESS AND P ARTICIP A TION PLAN) PROGRAM WITH - EACH PROJECT PROPOSED TO COME BEFORE THE COMMISSION - IF THE DEPARTMENT OF COMMUNITY DEVELOPMENT DEEMS THAT THIS IS SOMETHING THAT IS APPROPRIATE FOR THIS PROGRAM. THIS WOULD BE ON A CASE BY CASE BASIS." MOTION BY COMMISSIONER McGINNIS. MANAGER McLEMORE SAID, "WE WILL WORK IT OUT. WE WILL BRING BACK SOME LANGUAGE ON THAT." COMMISSIONER McGINNIS SAID, "BRING THAT BACK AS ANOTHER AGENDA [ITEM)." SECONDED BY COMMISSIONER MILLER. DISCUSSION. Tape 4/Side A VOTE: COMMISSIONER McGINNIS: NAY COMMISSIONER KREBS: NAY DEPUTY MAYOR BLAKE: NAY COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: NAY MOTION DID NOT CARRY. "MOTION TO EXTEND." SECONDED. DISCUSSION. MOTION BY COMMISSIONER KREBS. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BLAKE: NAY COMMISSIONER KREBS: AYE MOTION CARRIED. ....-, r--, :--- K.: ~ rv-=: ,..... I ,..... I ~ ri CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 24, 2006 PAGE 26 OF 39 "I WOULD LIKE TO MAKE A MOTION THAT WE HAVE THE CITY MANAGER BRING US BACK SOME WORDING ON HOW THIS SHOULD BE IMPLEMENTED." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BLAKE: NAY COMMISSIONER GILMORE: AYE MOTION CARRIED. REGULAR 307. Not Used. REGULAR 308. Public Works Department Providing The City Commission Information Regarding Transportation Strategies Proposed To Monitor And Mitigate Traffic Impacts From The Legacy Park Mixed- Use Project In Casselberry [Resolution 2006-42]. Mr. Brian Fields, P.E., City Engineer, Public Works Department spoke on this Agenda Item Discussion. "MOTION THAT WE ADOPT THE THREE (3) RECOMMENDATIONS AND SEND THE RESOLUTION [2006-42] OVER TO CASSELBERRY AND LOOK INTO THE OTHER TWO (2) ITEMS THAT - THE CONSULTANT MENTIONED." MOTION BY COMMISSIONER MILLER. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER GILMORE." DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE MOTION CARRIED. ,..-, r--, :::: ........, ~ ,.... I ,.... . --...d :----; ; ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 24,2006 PAGE 27 OF 39 REGULAR 309. Not Used. REGULAR 310. Not Used. REGULAR 311. Office Of The City Clerk Respectfully Requests That Commissioner Joanne M. Krebs Make An Appointment To The Planning And Zoning BoardlLocal Planning Agency To Fill A Current Vacancy. "I HAVE AN APPOINTMENT FOR PLANNING AND ZONING - I WOULD LIKE TO RECOMMEND DENISE RYSER FOR THE POSITION ON THIS BOARD. I REALIZ SHE - WAS JUST APPOINTED TO ANOTHER - BUT UNFORTUNAETLY - NED VOSKA CAN NO LONGER BE ON THE [PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY] BOARD." FURTHERMORE, COMMISSIONER KREBS ADDED THAT MR. VOSKA HAD RECENTL Y RESIGNED. MOTION BY COMMISSIONER KREBS. MAYOR BUSH NOTED, "MOTION IS TO APPOINT DENISE RYSER TO THE P AND Z (PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY)." Deputy Mayor Blake Stated, "Point Of Order". COMMISSIONER KREBS THEN NOTED, "SHE [DENISE RYSER] HASN'T BEEN SWORN IN.'' SECONDED BY DEPUTY MAYOR BLAKE. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE MOTION CARRIED. ,......, r-, ~ .. ~ ~ ,..... I ,..... I -~ :.--. ...... CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 24, 2006 PAGE 28 OF 39 REGULAR 312. Community Development Department ADD-ON Requests That The City Commission Consider The New Owner's (Mr. M. Z. Salarbux) Request To Renew/Extend The Final Engineering/Site Plan And Development Agreement For The Venetian Village A.K.A. (As Known As) Village Market Place Expansion. Mr. Baker introduced this Agenda Item. Mayor Bush passed the gavel to Deputy Mayor Blake. Mayor Bush left the dais at 11:35 p.m. "MOTION TO APPROVE ITEM '312'." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE FOLLOWING CONSENT AGENDA ITEMS WERE NOT NECESSARILY DISCUSSED IN THE ORDER DOCUMENTED. .:. .:. CONSENT AGENDA CONSENT 400. Parks and Recreation Department Requesting The City Commission To Authorize The City Manager And City Attorney To Execute The Florida Department Of Environmental Protection, Florida Recreation Development Assistance Program Project Grant Agreement For Trotwood Park. Brief discussion ensued with Mr. Pula. 1"1 r~"'l :---= tL ~ rv-=: ,...,. . ~ . :-t: ri CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 24, 2006 PAGE 29 OF 39 CONSENT 401. Office Of The City Manager Requesting That The City Commission Confirm The Consensus Of The City Commission (As Discussed At The July 17, 2006 Workshop) Regarding The Designation Of Mayor John F. Bush As Our "Voting Delegate", To Represent The City Of Winter Springs At The Upcoming Florida League Of Cities Annual Conference. No discussion. CONSENT 402. Public Works Department Request Approval To Purchase Brick Pavers For The Blumberg Boulevardffown Center Trail From Pavers Systems. There was no discussion on this Agenda Item. CONSENT 403. Public Works Department Requests City Commission Authorization To Enter Into An Interlocal Agreement With Seminole County Providing The Funding For Design And Construction Of Sidewalks On Dyson Drive, Northern Way, And Shetland Avenue. This Agenda Item was not discussed. CONSENT 404. Public Works Department Requests City Commission Authorization To Enter Into An Interlocal Agreement With Seminole County Providing For Traffic Signal Maintenance. No discussion. CONSENT 405. Finance Department Requesting Authorization From The City Commission To Extend The City's Current Contract With Severn Trent Environmental Services, Inc. To Read City Water Meters For The Contract Period August 1,2006 To July 31, 2007, Year 3 Of A Possible 4 Year Contract. There was no discussion on this Agenda Item. I" ") 1:=--' ;=~~ K. lJ. ~ ,.... I ,.... . ~ : -; ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 24, 2006 PAGE 30 OF 39 CONSENT 406. Office Of The City Clerk Requesting Approval Of The July 10, 2006 Regular City Commission Meeting Minutes. This Agenda Item was not discussed. "MOTION TO APPROVE" CONSENT AGENDA. MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER MILLER. DISCUSSION. Mayor Bush returned to the dais at 11:38 p.m. and the gavel was returned to him. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE MOTION CARRIED. INFORMA TIONAL AGENDA INFORMATIONAL 500. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. No discussion. INFORMATIONAL 501. Office Of The City Manager Responding To The City Commission Directive Regarding Staff Participation In Leadership Seminole. There was no discussion on this Agenda Item. INFORMATIONAL 502. Community Development Department Advising The City Commission Of The Current City Policy For Temporary Structures/Canopies/Portable Carports. Brief discussion. ,....., r.....' ::-- -- ~ s:: ,... . ~ ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 24, 2006 PAGE 31 OF39 INFORMATIONAL 503. Information Services Department and Office Of The City Clerk Wishes To Inform The City Commission Of Upcoming WebLink Document Search Classes To Be Offered To Residents Of Winter Springs. This Agenda Item was not discussed. INFORMATIONAL 504. Public Works Department Advising The City Commission Of The Status Of Various Capital Improvement Projects. No discussion. INFORMATIONAL 505. Not Used. INFORMATIONAL 506. Community Development Department Advising The City Commission Of The Status Of The Use Of Temporary Emergency Protective Roof Covers (Blue Tarps) As A Result Of The Hurricanes Of 2004. With brief discussion on hardships, Commissioner McGinnis asked, "Is there any referral service? Keep it in mind and let us know." Mr. Stevenson stated, "There may be, let me check. " INFORMATIONAL 507. Community Development Department - Urban Beautification Services Division ADD-ON Updating The City Commission On The Status Of Warranty Replacement Of The Diseased Magnolia Trees And Plant Material Located In The SR (State Road) 434 Village Walk Plaza Area. This Agenda Item was discussed prior to the overall discussion on the Informational Agenda. "MOVE TO APPROVE" INFORMATIONAL AGENDA. MOTION BY COMMISSIONER McGINNIS. SECONDED BY DEPUTY MAYOR BLAKE. DISCUSSION. ..- "I r--, :::-- II:: ~ ~ ,..... I ,.... . ~c: :.-... ; ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 24, 2006 PAGE 32 OF 39 VOTE: COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. .:. .:. AGENDA NOTE: THE FOLLOWING REPORTS WERE HEARD IN THE ORDER DOCUMENTED. .:. .:. REPORTS REPORTS 600. Office Of The City Attorney - Anthony A. Garganese, Esquire Mayor Bush asked Attorney Garganese about the status of the upcoming Binford Trial, to which Attorney Garganese stated, "It is currently scheduled for the first week of August." Attorney Garganese noted, "1 am still working on the Cell Tower Ordinance. Hope to finish that very soon." Next, Attorney Garganese mentioned another issue - the Tuscawilla Homeowner's Association's and the installation of two (2) flagpoles and remarked, "1 probably need to sit down and talk to him [City Manager]." Mayor Bush further mentioned the upcoming Binford Trial and asked if Attorney Garganese could confirm with him whether it was still scheduled. Continuing, Attorney Garganese commented, "1 would like the Commission to give me the liberty to maybe put a little bit more diplomatic language in that Resolution you want to send to Casselberry." Commissioner McGinnis stated, "Yes, 1 agree." Deputy Mayor Blake noted, "Absolutely." No objections were voiced. Mayor Bush added, "That is fine. " Furthermore, regarding the upcoming Binford Trial, Attorney Garganese said to Mayor Bush, "1 will get back with you tomorrow." ,....., r....' :::-- fK. - -w rr: &e:L.a c..... ~ ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 24, 2006 PAGE 33 OF 39 REPORTS 602. Office Of The City Clerk - Andrea Lorenzo-Luaces, CMC No Report. REPORTS 603. Commission Seat Two/Deputy Mayor - Michael S. Blake Deputy Mayor Blake spoke regarding tonight's Ranchlands lot split and suggested, "I think that there is something that we can do that will still provide for lot splits where they are appropriate but also protect the ultimate character of that neighborhood; and I would like the Commission's support to direct Anthony [Garganesej, to bring back to us an Ordinance as soon as possible, that will make a few minor adjustments in the current lot split language, specifically, and this will require a little bit of math - my idea is that a lot split request would be - allowable, if - each of the new lot sizes are of an acreage that is greater than the average lot size, within a specified radius of the same Zoning classification." Continuing, Deputy Mayor Blake explained, "Let's say that there is a lot in the Ranchlands that the Owner would like to split and the split means into two (2)." Furthermore, Deputy Mayor Blake stated, "And that lot size is currently ten (10) acres in size, it is a ten (10) acre lot. They would like to split it into two (2) different lots. If you would draw from the center point of the lot, a radius of I think a 1,000 feet, and look at all of the lots encompassed, that that 1,000 foot radius would touch upon, in that same Zoning district, so in other words, if it is - a lot that is near the Ranchlands and goes over into - Mt. Greenwood - where the lots are very, very small,. they would not be included in the calculation because they are in a different Zoning classification. So, it would only include those lots that are in the same Zoning classification as the Ranchlands. Add up all the acreage, divide it by the number of lots included, gives you an average acreage. Let's say that that number is three (3) acres. On average, lots within that radius are three (3) acres, then that lot split could occur if it were to split that one (1) lot into a seven (7) acre lot and a three (3) acre lot. It could not occur if they wanted to split it up to an eight (8) acre lot and a two (2) acre lot because two(2) is below the average of three (3) acres." Discussion. ,.--, r......' ~ ~ ~ Q... r'" I ~ ; . - -... CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 24, 2006 PAGE 34 OF 39 Mayor Bush said to Attorney Garganese, "Would it make sense that we do with this, what we did with the garage on Deer Run, where you basically post that there is a pending Ordinance?" Attorney Garganese stated, "Yes. If that is the direction of the Commission to move forward..." Mayor Bush then said, "...Commissioners, is that something you are in agreement with?" Commissioner Krebs said, "Yes, 1 think we need to preserve the character of the neighborhood." Commissioner McGinnis remarked, "Good." Commissioner Gilmore commented, "1 definitely think that we need to do something. 1 am not sure of the mathematics that Commissioner Blake used, is the right mathematics, but we do need some." Commissioner Miller stated, "Yes, but 1 want to clarify it because there was a time when you could only split the lot once - maybe we need to go back to that again." Regarding previous lot splits, Commissioner Miller added, "1 would like to get back to that if we could, the rationale for it and how we could possibly do that again." Mayor Bush noted, "1 think we have Consensus on that." Next, Deputy Mayor Blake asked Attorney Garganese about personnel changes to his Firm. REPORTS 604. Commission Seat Three - Donald A. Gilmore First, Commissioner Gilmore said, "I am glad to see this compatibility Ordinance is working. " Secondly, Commissioner Gilmore asked Manager McLemore, "Name tags for the employees - what has happened?" Manager McLemore said, "I am going to have to update you at the next Meeting on that one." REPORTS 605. Commission Seat Four - Sally McGinnis Commissioner McGinnis remarked, "Congratulations to Bob Rucci and F.L.O.P (Friend of Leash Optional Parks)" on their "Hogs and Hounds Charity Poker Run" event. Tape 4/Side B ..- ~ ~--, ~~ IPt.. ~ ~ t'"' I ,-. I -~ :---; ; ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 24, 2006 PAGE 35 OF 39 Mr. Bob Rucci, 973 Turkey Hollow Circle, Winter Springs, Florida: spoke of the "Hogs and Hounds Charity Poker Run" which was held yesterday. Commissioner McGinnis stated, "Looking forward to seeing pictures." Next, Commissioner McGinnis spoke of the Dog Park, and asked Mayor Bush if he had spoken to Chairman Henley of the Seminole County Board of County Commissioners about the Dog Park? Mayor Bush stated, "It isn't going to happen at Jetta Point." "I WOULD LIKE CHUCK [PULA] TO COME BACK WITH A REAL FIRM RECOMMENTATION FOR THAT LAND - WITH A DOG PARK." MOTION BY COMMISSIONER McGINNIS. MAYOR BUSH NOTED, "RELOCATE THE DOG PARK." SECONDED BY COMMISSIONER KREBS. DISCUSSION. DEPUTY MAYOR BLAKE MENTIONED, "WE ALL HAVE AGREED, I THINK IN PRINCIPLE THAT WE ARE COMMITTED TO A DOG PARK. WE ARE COMMITTED TO PROVIDING IT SOME PLACE." COMMISSIONER KREBS SAID TO MR. PULA, "WHEN YOU FIRST TOOK ME AROUND IN THE CITY, I BELIEVE YOU TOLD ME THERE WAS SOME - PASSIVE AREA - A PASSIVE PARK BUT IT REALL Y WASN'T USED FOR ANYTHING." COMMISSIONER KREBS NOTED, "IT WAS THE ONE (1) PARK THAT WE DIDN'T VISIT, BUT YOU SAID AT THAT POINT THAT THE NEIGHBORS DIDN'T WANT ANY KIND OF BASEBALL, ANYTHING GOING ON THERE; OR THEY DIDN'T WANT LIGHTS." COMMISSIONER McGINNIS SPOKE FOR RECORD AS TO WHETHER MR. PULA HAD BEEN WORKING ON THIS. FURTHER DISCUSSION. "I WOULD LIKE TO AMEND - TO ADD WITHIN ONE (1) MONTH." AMENDMENT TO THE MOTION BY COMMISSIONER McGINNIS. MOTION DIED FOR LACK OF A SECOND. VOTE: DEPUTY MAYOR BLAKE: NAY COMMISSIONER MILLER: NAY COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: NAY MOTION DID NOT CARRY. ,...., r--' :::-- M ~ ~ . -c ~ ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 24, 2006 PAGE 36 OF 39 Commissioner McGinnis stated, "I will be gIvmg three (3) documents to Andrea [Lorenzo-Luaces, City Clerk] and 1 will ask that she give you copies. It is from the Alliance." The documents related to child abuse statistics in the City. Commissioner McGinnis added, "I just think you need to be aware of this." Discussion ensued on scholarship money available for summer camp attendees. REPORTS 606. Commission Seat Five - Joanne M. Krebs Commissioner Krebs smoke of a School fund raising permit. Commissioner Krebs said, "What 1 wanted us to do is if we do feel that the school should, especially in fundraisers - put it in writing." With discussion, Manager McLemore stated, "I recall as Commissioner Blake making the Motion, and it went something like we were going to give the schools two (2) or three (3) or four (4) permits a year free - they had to get the permit, but we gave it to them free; and you instructed me to write a letter to that effect, and 1 wrote the letter." Manager McLemore suggested, "We'll write you a Policy and bring it back." Commissioner Krebs also thanked Mr. Bob Rucci for the "Hogs and Hounds Charity Poker Run" event. Next brought up by Commissioner Krebs was whether a Conference Calendar would be helpful. Discussion. Commissioner Krebs stated, "I was wondering if there was going to be a park event in October?" Mr. Pula said, "I was going to bring it to you at your next Meeting as an Agenda Item." Continuing with the next item, Commissioner Krebs noted, "Oak Forest Lake - problems, again. " Next, Commissioner Krebs addressed Attorney Garganese regarding Social Security numbers on Utility Bill documents, and asked, "Can we take it off at some point, and not use it - not make that a Policy to use it, therefore not having to be in the position that we would have to furnish it." ......., r--, ~-- ~ s::ac:: ,..... . g.... ~ ~ ; - CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 24, 2006 PAGE 37 OF 39 Commissioner Krebs explained, "If the City said we are no longer going to collect or use Social Security numbers, as identification, and - now I have been here since 1988 and of course my Social Security number is on file, but because it is no longer the City's Policy, can we not provide that information? Or because it existed at one time and was public information...." Attorney Garganese said, "...I can talk to you more about it." Discussion. Further discussion continued regarding collections, other types of personal identification, and what Ms. Greco is using. Attorney Garganese stated, "I probably need to regroup then with staff and the Manager on that." Lastly, Commissioner Krebs mentioned that Smokey and Alice Louise Allen were moving out of the City and asked if a "Key to the City" could be given to them? Mayor Bush said, "I think that is a good idea. Andrea [Lorenzo-Luaces], a Resolution or put the key on a plaque or something like we have done before, and then contact them and see when they could come to a Meeting, so we can present it." REPORTS 607. Office Of The Mayor - John F. Bush Mayor Bush remarked, "I did talk with Chairman Henley this afternoon on the Jetta Point and his feeling is that the County Commissioners do not want a Dog Park at that location. The other thing too, 1 talked to him about the Therapy Pool, the money we were asking there." Mayor Bush added, "I talked to Don Fisher and Don [Fisher] said he thought it was on their upcoming Agenda for approval, but that he would call me tomorrow and tell me for certain." Mayor Bush added, "As soon as I know something I will let the Manager know." Regarding letting the City Commission know of the details, Mayor Bush said, "I will let Andrea [Lorenzo-Luaces] know and the Manager know." Next, Mayor Bush said, "August the 21st [2006] at 6:30 [p.m.], I have asked the Workforce Housing people to come and make a presentation to the Commission." With discussion, Mayor Bush said, "Would you look at your calendars and let me know as soon as possible, if we need to reschedule that." I "1 r--"'] ;:--: 1IL -w rr: f""' I f""" . ~ ri CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 24, 2006 PAGE 38 OF 39 · Planning And Zoning Board/Local Planning Agency Mayor Bush said, "I have asked Shelley Lauten of myregion.org organization to come make a presentation to not only the Commission, but the P and Z/LP A (Planning and Zoning Board/Local Planning Agency) - they are getting ready to do the Comp Plan." Additionally, Mayor Bush remarked about the recent Planning and Zoning Board/Local Planning Agency Workshop and said, "About having some follow-up on that to get together with them." Mayor Bush added, "It would be good to have this probably, since we are getting ready to do the Comp[rehensive] Plan, why don't we talk to Eloise [Sahlstrom] about that and see where this fits into the schedule? Everybody okay with that?" No objections were noted. Mayor Bush added, "Okay." REPORTS 608. Commission Seat One - Robert S. Miller Commissioner Miller said, "I would suggest that all of us Commissioners get with the City Manager sometime in the next month, regarding what it is that might be possible, or not possible, on the Budget next year." REPORTS 601. Office Of The City Manager - Ronald W. McLemore Manager McLemore mentioned bringing a Development Agreement with the James Doran Company on the next phase of the Town Center project to the City Commission. Manager McLemore stated, "It will involve - the City's participation in that whole project and those things which make it workable, financially. Additional parking is a big part of that. So I am just making you aware that we will probably look at that at the next Meeting." .:..:. AGENDA NOTE: THE FOLLOWING ADDITIONAL REPORT WAS HEARD NEXT, AS DOCUMENTED. .:..:. REPORTS REPORTS 605. Commission Seat Four - Sally McGinnis Commissioner McGinnis commented on sending out a letter to address issues related to the Winter Springs Golf Course. ~ ~ ;: K: ~; ~ ...... I ~ I -G :-. ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 24, 2006 PAGE 39 OF 39 With discussion, Manager McLemore suggested, "We could put it out in the Water billings." Mayor Bush added, "Put it in the Water Bill Commissioner, in that cycle that goes to the Highlands." Commissioner McGinnis remarked, "Okay." Mayor Bush then asked, "Is that okay with everybody? Put it in the Water Bill, in the cycle that goes to the Highlands people." Commissioner McGinnis commented, "Okay." Commissioner Gilmore said, "Yes." No objections were noted. Also related to the Winter Springs Golf Course, Manager McLemore spoke of water rates and suggested that he could do an Agenda Item for further discussion. Discussion. ADJOURNMENT Mayor Bush adjourned the Regular Meeting at 12:44 a.m. RESPECTFULLY SUBMITTED: JOAN 1. BROWN, DEPUTY CITY CLERK ANDREA LORENZO-LUACES, CMC CITY CLERK APPROVED: JOHN F. BUSH MAYOR NOTE: These Minutes were approved at the , 2006 Regular City Commission Meeting. ..- ~ r--, ~ c,::) ~ ,... I ,..... . -~ ~ ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING JUL Y 24, 2006 CALL TO ORDER The Regular Meeting of Monday, July 24, 2006 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, present City Attorney Anthony A. Garganese, present The Pledge of Allegiance was followed by a moment of silence. .:..:. AGENDA NOTE: THE FOLLOWING AWARDS AND PRESENTATIONS AGENDA ITEMS WERE DISCUSSED FIRST, AS DOCUMENTED, FOLLOWED BY THE REST OF THE AGENDA. .:. .:. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 100. Office Of The Mayor Presenting The City Commission With Information On Seminole County Driver Education Safety By Robin Butler, Principal Coordinator, Seminole County Traffic Engineering Department. Ms. Robin Butler, Principal Coordinator, Seminole County Traffic Engineering Department, 1101 East First Street, Sanford, Florida: addressed the City Commission and mentioned, "Slide number '19', I am going to pass around an amended slide - for your sheet number' 19'." Ms. Butler continued with her presentation. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 24, 2006 PAGE 2 OF 39 With discussion, Commissioner McGinnis asked Ms. Butler, "Will you track the data for this? Will you be able to track if it has made a difference, if they went through this program?" Ms. Butler responded, "Absolutely." Discussion. Mr. Bob Dallari, County Commissioner, Seminole County Board of County Commissioners, 1101 East First Street, Sanford, Florida: also addressed the City Commission and spoke of partnerships between Seminole County and Seminole County cities. Regarding support for this project, Ms. Butler explained, "We could really use your support with the automobiles and the maintenance for the automobiles. It comes to approximately a hundred thousand dollars ($100,000.00)." Ms. Butler then noted, "We would like the City of Winter Springs and Winter Springs High School to be one of the pilots, so in order to have that, we would need that type of financial support." Chief of Police Daniel J. Kerr stated, "The City Manager and 1 have both talked briefly about the cars that when we go to replace our older vehicles, that there are some that would be able to be used for this project, and - we would be able to donate those vehicles. " City Manager Ronald W. McLemore asked Ms. Butler, "About this hundred thousand [dollars] ($100,000.00) maintenance. Who is coming up with that?" Ms. Butler explained, "It is an estimate based on currently what is spent on the vehicles that they have had to use." Ms. Butler added, "This is an estimate." Mayor Bush said, "I would like to recommend that we ask the Manager and the Police Chief to look into this further in terms of the actual cost, and then come back to the Commission with - recommendation." Discussion. Furthermore, Mayor Bush recommended, "I would like to recommend that we ask the Manager and the Police Chief to look into this further and come back with maybe a more definitive number." Commissioner McGinnis said, "I support that." Manager McLemore suggested, "Why couldn't we think about a county-wide 'MSTU' (Municipal Service Taxing Units) tax rate which would almost be infinitesimal and contract with the Schools to do it for the County." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 24, 2006 PAGE 3 OF 39 AWARDS AND PRESENTATIONS 101. Office Of The City Manager Requesting The City Commission Consider A Request From WMFE For Financial Support. Mr. Steven McKenney Steck, Chief Executive Officer, WMFE, 11510 East Colonial Avenue, Orlando, Florida: spoke of connectivity and capacity. Continuing, Mr. Steck stated, "We are here to ask for the City of Winter Springs to provide a five thousand dollar ($5,000.00) per year capacity Grant for a three (3) year period. " Furthermore, Mr. Steck mentioned, "Additionally, we want to bring an added value to the relationship of our capacity Grant donors through (Television Station) WMFE central Florida alliance network to ask you in association with your role with Seminole Government TV (SGTV) to participate in over the air free and accessible to all, broadcasting on the stations of (Television Station) WMFE, such that on one of our multi-casted channels, the C-SP AN channel. You would have a block of time for your programs or your programs produced in association with SGTV (Seminole Government TV), multiple plays throughout a week, throughout a year, at least once in prime time every week; not requiring your residents to subscribe to cable, you would have a regional presence in this marketplace and we would bring, we think added value to this Grant- making relationship as part of asking you all to be an ally in the central Florida alliance network. So, in closing, we're asking the City of Winter Springs as well as twelve (12) other local government entities in central Florida to provide, though in your case, a capacity Grant of five thousand dollars ($5,000.00) each year for a three (3) year period, beginning in the Spring of next year, though we hope you could approve it in the next sixty (60) days, to allow (Television Station) WMFE to assert your opportunities to have connectivity with your constituents, your constituencies or (Television Station) WMFE's viewers, listeners and members." Commissioner Joanne M. Krebs inquired, "How many times would we have a broadcast?" Mr. Steck replied, "Given the comparative Grant size to others, roughly about fourteen (14) times, I think." Discussion. "I MOVE THAT WE SUPPORT A FIVE THOUSAND DOLLAR ($5,000.00) PER YEAR, CAPACITY GRANT, FOR THREE (3) YEARS." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 24, 2006 PAGE 4 OF 39 DEPUTY MAYOR BLAKE SAID TO CITY ATTORNEY ANTHONY A. GARGANESE, "THE MOTION WAS TO EARMARK AN EXPENDITURE OUT INTO FUTURE YEARS, FUTURE TIME PERIODS. DO WE HAVE TO USE SOME SORT OF SPECIAL LANGUAGE IF WE ARE GOING TO BUDGET AN APPROPRIATION OUT, TWO (2) YEARS OR THREE (3) YEARS." ATTORNEY GARGANESE RESPONDED, "TYPICALLY, IF WE'RE GOING TO DO SOMETHING LIKE THAT, WE OUGHT TO PUT IT IN AN AGREEMENT. I DIDN'T SEE ONE ATTACHED. THE COMMISSION COULD ENTER INTO A CONTRACT TO PROVIDE THESE EXPENDITURES FOR A THREE (3) YEAR TIME PERIOD." ATTORNEY GARGANESE ADDED, "AND PUT THE APPROPRIATE BUDGET LANGUAGE IN THAT CONTRACT. IF WE'RE GOING TO GO OUT FOR A YEAR, I JUST WOULDN'T DO IT ON A MOTION. I MEAN WE WOULD HAVE TO COME BACK." MR. STECK STATED, "SURE, AND WE WOULD ANTICPATE THAT. AND IT WOULD PROBABLY, EVEN THOUGH WE'RE ASKING FOR THREE (3) YEARS, IT PROBABLY WOULD HAVE AN ESCAPE CLAUSE FOR EACH YEAR. WE UNDERSTAND THAT." Tape l/Side B DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: NAY DEPUTY MAYOR BLAKE: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. PUBLIC INPUT Mr. Edward Martinez, Jr., 205 Little Creek Lane, Winter Springs, Florida: suggested the Driver's Education project should be funded by the School Board; spoke of rural Seminole County; and mentioned that resident Mr. Bob Rucci deserves an award for his recent event and his efforts related to a Dog Park for the City. Mr. Mervin Warner, 673 Keuka Court, Winter Springs, Florida: spoke of Agenda Item "400" and recommended that it be pulled for discussion related to traffic issues; asked about the status on the Cell Tower Ordinance; and the flags at the entrance to Tuskawilla. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 24, 2006 PAGE 5 OF 39 Mr. Ron Ligthart, 1036 Winding Waters Circle, Winter Springs, Florida: presented the City with a way to save the City money by providing a step for the men's restroom; along with a sign. Mr. Brian Buholtz, 106 Trace Point, Winter Springs, Florida: inquired about the status of funding for the extension of Orange A venue, and noted that it would provide an alternate access point. Ms. Helga Schwarz, 2200 Shepard Road, Winter Springs, Florida: representing the Highlands Homeowner's Association's, Mayor Bush stated, "She did not want to address the Commission; she is submitting Highland HOA's [Homeowner's Association's] continued objection to Ordinance 2006-05, 2006-06." PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 200. Not Used. PUBLIC HEARINGS 201. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For Second Reading / Adoption Of Ordinance 2006-05, A Small Scale FLUM (Future Land Use Map) Amendment Which Changes The Future Land Use Map Designation Of Two Parcels Totaling 1.17 Acres, Located On Lake Lucerne Circle From (Winter Springs) "Industrial" To (City Of Winter Springs) "Medium Density Residential". Attorney Garganese read Ordinance 2006-05 by "Title" only and stated, "There is a revised Ordinance per the Commission's direction on the last time this was considered. Section 9. Effective Date will include a sentence that reads, 'In addition, even if this Ordinance is found to be in compliance per a final order as provided above, this Ordinance shall only take effect at such time that Ordinance - 2005-29 becomes effective' ." Ms. Eloise Sahlstrom, ASLA, AICP, Senior Planner, Community Development Department 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. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUL Y 24, 2006 PAGE 6 OF 39 "I WILL MAKE THE MOTION THAT WE APPROVE ITEM '201'." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER GILMORE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: NAY DEPUTY MAYOR BLAKE: AYE MOTION CARRIED. PUBLIC HEARINGS 202. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For Second Reading / Adoption of Ordinance 2006-06, A Small Scale FLUM (Future Land Use Map) Amendment Which Changes The Future Land Use Map Designation Of One Parcel Totaling 1.72 Acres, Located At 1228 Florida Avenue From (Winter Springs) "Industrial" To (City Of Winter Springs) "Medium Density Residential". Attorney Garganese read Ordinance 2006-06 by "Title" only. Ms. Sahstrom brief addressed the City Commission 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 WILL MAKE THE MOTION THAT WE APPROVE ITEM '202'." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: NAY DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Attorney Garganese said, "Just for the Record, that will include the Conditional Effective Date I read into the Record for the prior Ordinance." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 24, 2006 PAGE 7 OF 39 PUBLIC HEARINGS 203. Community Development Department Requests That The City Commission Approve The Williams Lot Split, And Authorize Its Recordation. [Resolution 2006-38] Mr. John Baker, AICP, Senior Planner, Community Development Department presented 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. Ms. Rachel Christensen, P.E., Christensen & Associates, 412 Mead Drive, Oviedo, Florida: addressed the City Commission on the Stormwater. Discussion ensued on the Settlement Agreement with the Yeager's and access. Dr. Douglas Paul Williams, D. VM, 1491 East State Road 434, Suite 109, Winter Springs, Florida: addressed the City Commission. Further discussion. Attorney Garganese noted, "The Final Engineering has been approved. They're relying on it, they're in the process of construction; and I would advise not changing that at this point." Attorney Garganese added, "This Lot Split should be subject to that Final Engineering because the Final Engineering shows - one (1) access point, one (1) shared access. " "MOTION TO APPROVE - WITH THE STIPULATION THAT THERE BE ONE (1) ACCESS ROAD FOR BOTH LOTS [RESOLUTION 2006-38]." MOTION BY COMMISSIONER McGINNIS. ATTORNEY GARGANESE NOTED, "THAT CONDITION WOULD GO INTO THE LOT SPLIT RESOLUTION - THE AGREEMENT THAT THE COMMISSION IS APPROVING." SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: NAY COMMISSIONER MILLER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 24, 2006 PAGE 8 OF 39 PUBLIC HEARINGS 204. Community Development Department - Planning Division Requests The City Commission Consider The Amendment To Developer's Agreement For Seminole Trail Animal Hospital, Inc., Located At 383 Vistawilla Drive, On Lot 4 (Out-Parcel 2) Of Tuscawilla Tract 15 Parcell-C (Former Kash N' Karry Shopping Center, Now Metro Church). Mr. Baker presented his opening comments related to 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. Discussion. Tape 2/Side A With discussion, Deputy Mayor Michael S. Blake said, "The lot was originally intended, when it was subdivided through the Developer's Agreement and the Settlement Agreements, to be a single building and an office type environment." Deputy Mayor Blake added, "Now instead oflooking at one (1) building, we are looking at two (2) buildings. Now, instead of one (1) sign, we are looking at two (2) signs. 1 understand the entrance way has already been done, and that is unfortunate, but the fact of the matter is, we are creating a traffic point here, a traffic point there, and a traffic point here, and now we are going to line it with buildings and signs to cut down on your site distance, and it is a residential area. 1 don't feel comfortable with that." Then Deputy Mayor Blake noted, "I would tend to think that these types of buildings in that location would be best served by building mounted signs of an appropriate type and if there needs to be a tenant, ground mounted sign that one as is already approved should be the maximum, so, 1 can't really support using two (2) signs. Especially, as Commissioner [Robert S. ] Miller said, with one (1) entrance and egress that it makes sense to have just one (1) sign as well." Ms. Rachel Christensen, P.E., Christensen & Associates, 412 Mead Drive, Oviedo, Florida: remarked, "From a marketing perspective and from a Site development perspective and an appropriate placement and function ofthe Site, the two (2) signs make a great deal of difference to a potential user or potential buyer for that property. It is a long piece of frontage and yes, there will be a single driveway and we're committed to that, but the second sign is very important to us. The original Approval did allow for only one (1) sign. We recognize that we need Commission approval for this. The original sign was actually a Waiver from the City Code Criteria to allow a taller sign. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JULY 24, 2006 PAGE 9 OF 39 We're willing to put in two (2) signs to meet City Code foregoing the additional height that was allowed by the Developer Agreement; if we can in fact, get approval for two (2) signs. We think that the signs are tasteful. They will be appropriately located to provide suitable site distances. We have analyzed the driveway location, and the landscaping and the sign location with regard to appropriate site distances in terms of the speed of the road and the curvature of the road and we certainly understand those issues and they're very important. We would like consideration." Commissioner Sally McGinnis asked, "What was the height of the sign - the Waiver, the tall sign you referred to?" Mr. Baker said, "The Development Agreement allowed them to go to eight feet nine inches (8' 9") tall in instead of the eight feet (8') required by Code." Discussion. Commissioner Miller said, "Something to think about, if it is going to be one (1), eight foot (8') sign; how about if they are just two (2), four foot (4')?" Commissioner McGinnis said, "I like that." Commissioner Miller said, "It is not nearly intrusive as an eight foot (8') sign to start with." Dr. Williams stated, "One problem when talking about putting signs on the building, the row of trees that they have precludes that, you can't see anything - and the second building - the landscaping already has a large row of trees, it's already lining Vistawilla [Drive] and you can't see the building hardly. You won't be able to see whenever the second building is built. You can't see it because of the amount of landscaping that separates it, so a sign on the building wouldn't work. And really even on my place, 1 mean there is really no particular location that a sign would be suitable for the aesthetics that we've done for it. The cultured stone that we're putting on the east face of it, the area that you see from the street, we don't have a location where you can put building mounted signs, that has any kind of visibility from the street, so that's the problem that we have run into." Discussion. "I WOULD LIKE TO MAKE A MOTION THAT WE DIRECT THE CITY MANAGER TO ENTER INTO A DEVELOPER'S AGREEMENT THAT ALLOWS FOR TWO (2) SIGN LOCATIONS NOT TO EXCEED - FOUR FEET (4') HIGH, SIX FEET (6') WIDE TO BE LOCATED ON EACH SIDE ADJACENT TO THE SINGLE ENTRANCE WAY IN SUCH A MANNER SO AS TO NOT OBSTRUCT VISION OR ENTRANCE/EGRESS PURSUANT TO THE NORMAL CITY GUIDELINES ON THE SITE TRIANGLE." MOTION BY DEPUTY MAYOR BLAKE. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER McGINNIS." DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 24, 2006 PAGE 10 OF 39 DEPUTY MAYOR BLAKE SAID, "THAT MOTION ALSO INCLUDED THAT THAT WAS ALL OF THE SIGNAGE - NO BUILDING SIGNAGE OTHER THAN A SMALL DOOR ENTRANCE PLAQUE SIGNAGE THAT COULD BE ON THE BUILDING OR ON A GLASS DOOR OR SOMETHING LIKE THAT. IN OTHER WORDS, SOMETHING THAT IDENTIFIES THE DOOR AS TO WHAT IT IS." VOTE: COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. PUBLIC HEARINGS 205. Community Development Department Requests That The City Commission Approve The Bledsoe Lot Split, And Authorize Its Recordation. Mr. Baker introduced this Agenda Item and said, "We as Staff, do recommend Approval of this." 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. Mr. Richard Taylor, Esquire, 531 Dog Track Road, Longwood, Florida: representing the Bledsoe's and commented, "First of all, I want to thank the Staff and compliment your Staff. I met with many of them initially and then worked with Mr. Baker who has been very professional, very helpful." Mr. Taylor further spoke on this Agenda Item. Commissioner Donald A. Gilmore said to Mr. Taylor, "On this Plot Plan right here, will you draw a line where the lot divide occurs - that drawing right there is what I want to see it on." Commissioner Gilmore then said, "May I suggest, that you take attachment 'B' and transpose that to attachment 'A', John [Baker]? In fact can you take your drawing and lay it on the table and draw a line - there it is, right there. Okay, that is what I want to see. However, I want to see it in relationship to the surrounding area, this map right here." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 24, 2006 PAGE II OF 39 With discussion, Commissioner Gilmore said, "Does that meet the compatibility requirements?" Mr. Taylor said, "I think that it does." Further discussion. Attorney Garganese said, "Generally, the Commission had a rule that once a property has been divided it could no longer be subdivided a second time, and the Commission after numerous Workshops and Public Hearings, relaxed that requirement or that prohibition. They relaxed it by adopting the changes to Chapter 9 that would permit lot splits under limited circumstances if, and only if the Applicant could demonstrate Compliance with the Criteria that the Commission approved. And one of the Criteria is the Application must be compatible and in harmony with the surrounding neighborhood including with respect to the size of existing surrounding lots and development trends in the neighborhood, which have been previously approved by the Commission." Attorney Garganese then said, "And 1 just want to clarify one point for the Record - one of the Commissioners said that other lot splits have been approved in the past by the City; 1 think that should be qualified for the Record. There have not been many lot splits approved subsequent to the adoption of this new Criteria that is on page 2." Discussion. Next, Attorney Garganese said, "Where would the access point be for - proposed lOA - 1 just want to clarify that for the Record. It looks to me like access would be - the only access point available for lOA if this was approved, would be Hayes Road." Mr. Baker said, "The - new lot would be Hayes Road. Yes, Sir." Attorney Garganese asked, "Are there any other lots with access to Hayes Road in this particular area?" Mr. Baker responded, "It looks like the lot immediately north of the Bledsoe's has a driveway onto Hayes [Road] - south of East Panama [Road], yes." Attorney Garganese said, "Okay, 1 just wanted to clarify that fact." "I MAKE A MOTION THAT WE DISAPPROVE THE REQUEST FOR THE LOT SPLIT - DENIED FOR LOT SPLIT ITEM '205'." MOTION BY COMMISSIONER MILLER. SECONDED BY DEPUTY MAYOR BLAKE. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER McGINNIS: NAY COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. Attorney Garganese said, "Mr. Taylor, I'm going to need to preserve these documents for evidentuary purposes and preservation of the Record." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 24,2006 PAGE 12 OF 39 Mayor Bush called a Recess at 8:45 p.m. Mayor Bush called the Meeting back to Order at 9:01 p.m. Next, Mayor Bush acknowledged former Mayor Paul Partyka, who was in attendance. REGULAR AGENDA REGULAR 300. Not Used. .:..:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS DISCUSSED IN THE ORDER AS DOCUMENTED, FOLLOWED BY THE REST OF THE AGENDA. .:. .:. REGULAR AGENDA REGULAR 303. Office Of The City Manager Requesting That The City Commission Approve Resolution No. 2006-37, Computing The Proposed Millage Rate (Cap) For Fiscal Year 2006-2007 At 4.7500 Mills Or Some Other Rate The City Commission Deems More Appropriate, Establishing The Rolled-Back Rate, And Setting The Date, Time And Place Of A Public Hearing To Consider The Proposed Millage Rate And Tentative Budget For Fiscal Year 2006-2007. Ms. Michelle Greco, Director, Finance Department presented this Agenda Item. Tape 2/Side B Discussion. Commissioner Miller stated, "For the purposes of something that I think is really, critical regarding Legacy Park and its impact on certain areas of the City, I feel that 'Traffic Calming' is a critical item that needs to be addressed in this forthcoming Fiscal Year. The estimate seems to be at one hundred, ninety thousand dollars ($190,000.00) which would be about 1/l0th of a Mil, about one hundred, ninety-five thousand dollars ($195,000.00), so I would like to add in that to the existing number, which we are all talking about which is - 4.7500 and if we added in 1/IOth of a Mil it would come to 4.8500 and that would keep in the discussion the item which I think is very important- 'Traffic Calming' is the result of Legacy Park coming in." Commission Miller then said, "If we are going to set it at anything, that we set it at 4.8500 instead of 4.7500 and that 1/IOth of a Mil would be an item that I want to make sure doesn't get dropped off because we didn't set the Mil rate high enough." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 24, 2006 PAGE 13 OF 39 Discussion. Commissioner Gilmore suggested, "If we put in the Department request, plus the Manager's that would be 4.448 and if we went with last year's rate of 4.750, this would leave .302 for the Commissions' 'Wish list'." With further discussion on the revised documentation, Commissioner Gilmore noted, "The bottom line is we could keep last year's Millage Rate and still have .302 for the 'Wish list' items." Furthermore, Commissioner Gilmore remarked, "I was a little concerned about seeing the Bear Creek Boardwalk in this Budget, because - you know that is a safety issue. That thing should have been done a long time ago." Ms. Greco said, "Commissioner Miller was talking about Traffic Calming. I just wanted to bring up that there currently is one hundred thousand dollars ($100,000.00) in the Road Improvement Fund for Traffic Calming." Commissioner McGinnis referenced the City Commission's 'Wish list'and said, "I don't know how some things got taken out and some things are here - WiFi isn't here and that was always the number one (1) 'Wish list'." Manager McLemore said, "WiFi will be something that we will develop once we understand what it is we want to do. The only thing we want to make sure we funded was the Study - I think we did that in this year's Budget, or we will do it in this year's Budget anyhow." Discussion. Commissioner Krebs said, "I also want to be sure that - we have the room we need for 'Compression'..." Manager McLemore said, "...At 4.75 you have room to deal with all those issues." Commissioner Krebs said, "I just want to make sure we take care of 'Compression' and if that doesn't handle it, then I guess we could always go back through the Budget and slash that too." Further discussion. Mayor Bush said, "The Commission also is putting the 'Compression' issue at the top of the list..." Commissioner McGinnis said, "... Yes.. . " Commissioner Krebs also stated, "...Yes." Mayor Bush continued, "...To take care of that and of course, that is data we don't have yet. We have the one percent (1%) and the Manager's Budget, but the Commission asked for I believe for two (2) [percent] - I think we should look at 2, 2.5, and 3. . ." Commissioner McGinnis said, "... I would like to look at it." Discussion followed on the wording in the Trim (Truth in Millage) Notice. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 24, 2006 PAGE 14 OF 39 "MOTION TO TABLE." SECONDED. DISCUSSION. MOTION BY DEPUTY MAYOR BLAKE. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. .:. .:. AGENDA NOTE: THE FOLLOWING INFORMATIONAL AGENDA ITEM WAS DISCUSSED NEXT AS DOCUMENTED, FOLLOWED BY THE REST OF THE AGENDA. .:. .:. INFORMATIONAL INFORMATIONAL 507. Community Development Department - Urban Beautification Services Division ADD-ON Updating The City Commission On The Status Of Warranty Replacement Of The Diseased Magnolia Trees And Plant Material Located In The SR (State Road) 434 Village Walk Plaza Area. Mr. Randy Stevenson, AS LA, Director, Community Development Department presented this Agenda Item for discussion. Commissioner Miller said, "The only thing you haven't mentioned is timing on this." Mr. Stevenson said, "Commissioner Miller, I will have to get back with you. I don't know the exact timing, but I know they met today. They were supposed to meet last week. They did get out there and met on the site today. We can certainly monitor that and bring back information to you." With discussion, Commissioner Miller suggested, "If we can get the money from them, let's just go ahead and put them in ourselves, in the next month, because the next thing that is going to happen is people are going to tell me 'Well, now is not the right time to plant them, because you really only plant them in the Spring'." Mr. Stevenson stated, "We can monitor the progress and I'll get you an update on the timing." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 24, 2006 PAGE IS OF 39 Mayor Bush said, "We agree it's a problem and I think Randy [Stevenson] needs to contact the County Commission so we get a date on this and if it isn't a reasonable date; matter of fact - send an email to the Commissioners, 'This is what they are saying' and if that date does not seem reasonable then I think we need to talk to the County Commissioners." Mr. Stevenson said, "As soon as I get a date, I will try to get one for you tomorrow or the next day, I will email that out." Mayor Bush added, "Okay - stay on top ofthis because it really looks bad." Mr. Stevenson stated, "Okay." Deputy Mayor Blake said, "If the City takes over the project, then we are responsible for the Warranty on it. Correct?" Mr. Stevenson noted, "That's correct." Deputy Mayor Blake said, "I don't think we should do that. I think we should hold their feet to the fire and get it done, but I don't want to pick up the responsibility of replacing it, the next time." Mayor Bush said, "I think we would all agree with that. But, I also would agree with Commissioner Miller that this needs to be done." .:..:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS DISCUSSED NEXT AS DOCUMENTED. .:. .:. REGULAR AGENDA REGULAR 302. Office Of The City Attorney Requests The City Commission Consider And Approve Resolution 2006-36 Determining The Necessity And Public Purpose For The Hayes Road Intersection Improvement Project And Determining The Necessity And Public Purpose For Acquiring, By Eminent Domain, Fee Simple Ownership Of Designated Parcels Of Real Property In Winter Springs, Florida. Further This Resolution Authorizes The City Attorney's Office To Initiate Eminent Domain Proceedings To Acquire Designated Parcels, And Providing For An Immediate Effective Date. Attorney Garganese said, "This item is coming back to you after a City Commission directive some time ago - this Resolution would authorize the initiation of Eminent Domain proceedings to take property that is depicted on the Survey attached to the Resolution, for purposes of constructing a right turn-lane on State Road 434 at the Hayes Road intersection, heading eastbound. To date, they have not been successful to negotiate the purchase of this. Initiating the Eminent Domain proceedings would authorize my office to work with Staff to present a more formal offer to the Property Owner, and if necessary, file the appropriate Petition in Court to quick take this property, so the right turn-lane can be constructed." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 24, 2006 PAGE 16 OF 39 "MOTION TO APPROVE COMMISSION McGINNIS. DISCUSSION. RESOLUTION 2006-36." MOTION BY SECONDED BY COMMISSIONER MILLER. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE MOTION CARRIED. .:. .:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS AGAIN DISCUSSED AS DOCUMENTED, FOLLOWED BY THE REST OF THE AGENDA. .:. .:. REGULAR AGENDA REGULAR 303. Office Of The City Manager Requesting That The City Commission Approve Resolution No. 2006-37, Computing The Proposed Millage Rate (Cap) For Fiscal Year 2006-2007 At 4.7500 Mills Or Some Other Rate The City Commission Deems More Appropriate, Establishing The Rolled-Back Rate, And Setting The Date, Time And Place Of A Public Hearing To Consider The Proposed Millage Rate And Tentative Budget For Fiscal Year 2006-2007. "MOTION TO REMOVE FROM TABLE." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BLAKE: AYE MOTION CARRIED. Ms. Greco said, "Attachment 'D' in your packet shows - an example TRIM (Truth in Millage) Notice and as you can see it separates the operating Millage from the Voted Debt Service." Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 24, 2006 PAGE 170F39 "I MAKE A MOTION THAT WE SET THE OPERATING MILLAGE RATE CAP TENTATIVELY AT 4.2919 MILS AND THE VOTED DEBT MILLAGE RATE AT .1100 MILS FOR A TOTAL MILLAGE OF 4.4019 WHICH REPRESENTS A MILLAGE RATE OF - 9.5 PERCENT ABOVE THE ROLLED BACK RATE OF 3.9195." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. DEPUTY MAYOR BLAKE ADDED, "FOR CLARIFICATION PURPOSES, THE MOTION WAS TO SET THE TENTATIVE OPERATING MILLAGE RATE AT 4.2919 MILS - AND THE VOTED DEBT TENTATIVE MILLAGE RATE AT .1100 MILS FOR A TOTAL MILLAGE RATE TENTATIVELY OF 4.4019 MILS WHICH REPRESENTS A 9.5 PERCENT INCREASE OVER THE ROLLED BACK RATE OF 3.9195 OPERATING MILS." MOTION BY DEPUTY MAYOR BLAKE. MANAGER McLEMORE SAID, "YOU CAN DEFINITELY DEAL WITH THE 'COMPRESSION' AND THESE OTHER ISSUES. IT MAY PUT YOU IN A POSITION TO HAVING TO CUT SOME THINGS THAT ARE ALREADY THERE IN THE MANAGER'S RECOMMENDATION, AND IT MAY NOT." VOTE: DEPUTY MAYOR BLAKE: AYE COMMISSIONER GILMORE: NAY COMMISSIONER MILLER: NAY COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. "I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE RESOLUTION 2006-37 - WITH THE REVISED MILLAGE AS STATED IN THE PREVIOUS MOTION." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Ms. Greco stated, "Did we want to discuss any future Workshop dates?" Mayor Bush remarked, "We can do that under our Seats." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 24, 2006 PAGE 18 OF 39 REGULAR 301. Community Development Department Requests The City Commission Consider The Final Engineering Plans And Development Agreement For The Villa Grande Condominium Development. Villa Grande Is Comprised Of 152 Condominium Units And Associated Infrastructure On 4.78 Acres In The Town Center On The North Side OfSR (State Road) 434, Just East Of The City Hall Building. Mr. Stevenson presented this Agenda Item. Tape 3/Side A Discussion ensued with Staff. Commissioner Gilmore said, "Where are the roadway entrances for vehicles?" Mr. Stevenson responded, "The vehicles are limited to this entrance right here off what will be Edge Drive and this is the main entrance to the parcel right here." Commissioner Gilmore said, "With that high density that is in there, is that adequate for one (1) entrance?" Mr. Stevenson said, "I have seen high density on other apartment complexes primarily that have similar entrances." Commissioner Gilmore asked, "This right here, is that for emergency vehicles?" Mr. Stevenson said, "That is a secondary emergency egress. " Further discussion. Continuing, Commissioner Gilmore said, "When this came before us, we saw such a beautiful rendition, it looked like a French street - where all the trees were in bloom and everything else. Is it going to look that way at the end of the project?" Mr. Stevenson said, "We have the Landscape Plan and it calls for those types of plant material." Commissioner Gilmore said, "But not many of them." Mr. Chad Oakley, LaCesse Development Corporation, 650 South Northlake Boulevard, Suite 450, Altamonte Springs, Florida: stated, "Yes, to answer your question - we will have it heavily landscaped and it will look as nice, if not nicer than what we originally proposed. " Commissioner Gilmore asked, "With all the flowering trees?" Mr. Oakley said, "Yes. With palms and trees and we've worked with Staff in working on the overall - of the buildings and the landscape plantings - you can see on your Plans, and the Landscape Plans as well." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 24, 2006 PAGE 19 OF 39 Furthermore, Commissioner Gilmore said, "What are the flowering trees that will be in there? What are they?" Mr. Oakley noted, "I wish I had my Landscape Architect with me to answer all ofthose specifics as specimens go." With further discussion, Commissioner Gilmore said, "I don't see many flowering trees to depict what I saw in those pretty artistic renditions when this project was sold." Mr. Oakley said, "The landscape itself is actually going to be comparable, if not better than what we originally posed." Commissioner Gilmore then inquired, "Is it going to be colorful?" Mr. Oakley said, "Yes. It will be colorful." Mr. Oakley then said, "When we do our Aesthetic Review, you are going to see all of the pictures, everything drawn to scale on the Aesthetic Review as far as the plantings go, as the perimeter of the project, as far as our streetscapes elevations. You are going to see that. Everything will be done to scale." Commissioner Gilmore said, "When we do our Aesthetic Review?" Mr. Oakley said, "That's correct." Commissioner Gilmore then remarked, "Then don't come back and say 'Well, that was covered under the Engineering Review'. Because I am afraid that is what is going to happen." Commissioner McGinnis said, "My main concern in the beginning was the look of a gated community. You have taken care of that - You talk about building in two (2) phases, this would be a two (2) phase project." Commissioner McGinnis then commented, "You are not going to build it all at once, right, or are you?" Mr. Oakley said, "We would like to. Sales permitting, we would like to do it all at once." Commissioner McGinnis said, "What is your timeframe?" Mr. Oakley said, "As soon as we get through Aesthetic Review, we'll roll through the plans and try to get through the Building Department and - we actually just leased one (1) of the office spaces next door to open up our sales and then really start going for it." Discussion. Commissioner Gilmore then inquired, "The one thing that really surprised me is why are we putting Slash Pine in there? And Cabbage Palms?" Mr. Stevenson said, "I will double check that for you Commissioner." "MOTION TO APPROVE." MOTION BY COMMISSIONER McGINNIS. SECONDED BY DEPUTY MAYOR BLAKE. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 24, 2006 PAGE 20 OF 39 VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. REGULAR 304. Community Development Department Requests The City Commission Review The Attached Implementation Language For A Citizen Awareness And Participation Plan (CAPP) And Provide Comments Or Recommended Revisions And Also Provide Direction To Staff For Implementation Of The CAPP (Citizen Awareness And Participation Plan) Program, Including Incorporation Of The Proposed Language Into The City's Code Of Ordinances. Mr. Stevenson briefly began the introduction related to this Agenda Item. .:..:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEMS WERE DISCUSSED NEXT, IN THE ORDER DOCUMENTED. .:..:. REGULAR AGENDA REGULAR 306. Office Of Commissioner Sally McGinnis Requests That The Applicant Of The West End Professional Offices Reconsider Adding Something Architecturally To The Front Plaza Area. Commissioner McGinnis remarked, "Following our approval for the West End Professional Center, 1 did think about talking to the Applicant again and asking them to please reconsider in adding an architectural enhancement in the form of perhaps sculpture. 1 did talk to Paul Partyka about this. 1 just think it is an opportunity. All 1 am asking is if they would consider it. 1 think it is an opportunity to have this building create an identity - like no other in the City. We do not have any sculpture in the City." Continuing, Commissioner McGinnis suggested, "I think in our community we could probably find somebody who is willing - a beginning Sculptor, or an Artist - they are not going to donate all the materials, but they might donate their talent. 1 would like for you to look at it again." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 24, 2006 PAGE 21 OF 39 Mr. Carl Napolitano, Allen, Dyer, Doppelt, Milbrath & Gilchrist, P.A., 255 South Orange Avenue, Suite 1401, Orlando, Florida: noted that he is one (1) of seven (7) of the partners and stated, "It is estimated that a suitable budget for the purchase and installation of an appropriate sculpture in keeping with the tastes and style of a Class A professional office building will be about fifty thousand dollars ($50,000.00). The owner asks the City to contribute fifty percent (50%) to the sculpture project with such a contribution by the City, not to exceed twenty-five thousand dollars ($25,000.00). Keeping in mind that varied tastes of individuals, especially with regard to art - it is intended that the owners select the work of art in the form of a sculpture and have it installed, or at least ordered by a date coinciding with the Certificate of Occupancy. The Commissioners will have the right to timely approve the selected sculpture with approval not being unreasonably withheld." With further discussion, Commissioner McGinnis suggested, "Before we commit ourselves to a real dollar figure, I would like to see some effort made to talk to our art schools." Discussion. Discussion. Commissioner Miller said, "So, there is not going to be a fountain? There is not going to be any art work? You asked the City to go in half with you right now." Mr. Napolitano said, "That's on this proposal." Commissioner McGinnis said, "I appreciate you coming tonight and gIVIng it consideration." Mr. Napolitano said, "If you know of Artists that are interested, I'd be more than happy to talk to them." Commissioner McGinnis said, "I will look into it. I would be happy to do that." Mayor Bush said, "No further action on this Item?" Commissioner McGinnis said, "No." REGULAR 305. Office Of Commissioner Joanne M. Krebs Requesting The City Commission Authorize The City Attorney To Write An Ordinance To Protect Gopher Tortoises In The City Of Winter Springs, And To Encourage Other Municipalities To Do The Same. Commissioner Krebs first presented this Agenda Item and stated, "Attached to your item, you will find a news article that was circulated - about the Gopher Tortoises that are now on the list - that are threatened with extinction." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 24, 2006 PAGE 22 OF 39 Brief discussion followed about to an Ordinance from the City of Minneola, Florida. There were technical difficulties on the remaining portion of this side of this audiotape. Tape 3/Side B Mayor Bush stated, "The Manager is recommending the Consultant - either in person or on the phone." Commissioner Krebs noted, "lfwe are going to have a Consultant, then 1 would suggest doing the least - costfactor, if that is what everybody agrees to." Deputy Mayor Blake said, "1 am certain there is information that Staff can compile for us and bring back and then we can decide after reviewing that information, what our next step should be." With further discussion, Deputy Mayor Blake remarked, "Bring us back your recommendation based on information that you are able to ascertain - whatever it takes. " Commissioner McGinnis remarked, "A phone call to the Attorney - 1 would like to empower the City Manager to make that phone call. Find out what we can do, what we can't do." Commissioner McGinnis noted, "That is my recommendation - 1 support that. " Mayor Bush said, "So the recommendation is that the Manager will - contact this person, make it an available time and 1 think Commissioner Krebs needs to be available for that." Commissioner Krebs said, "1 said 1 would be there." Regarding the time, Mayor Bush said, "The Manager needs to coordinate that with you." Commissioner Krebs said, "That is fine. " Continuing, Mayor Bush remarked, "Do we have a Consensus on that?" Commissioner McGinnis said, "Yes." Mayor Bush said, "Commissioner Miller?" Commissioner Miller nodded in agreement. There were no objections noted. .:..:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEMS WAS AGAIN DISCUSSED, AS NOTED. .:..:. REGULAR AGENDA CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 24, 2006 PAGE 23 OF 39 REGULAR 304. Community Development Department Requests The City Commission Review The Attached Implementation Language For A Citizen Awareness And Participation Plan (CAPP) And Provide Comments Or Recommended Revisions And Also Provide Direction To Staff For Implementation Of The CAPP (Citizen Awareness And Participation Plan) Program, Including Incorporation Of The Proposed Language Into The City's Code Of Ordinances. Mr. Stevenson introduced this Agenda Item and stated, "Staff recommends that you approve the proposed implementation language or any revisions that you might like to see - to this said language and direct Staff to incorporate this language into the City's Code of Ordinances and in addition, we would ask that you give us some feedback and information on the draft language that is contained in what we are calling the CAPP (Citizen Awareness and Participation Plan) Handbook." Commissioner McGinnis said, "This carne about because I saw this program in Longwood and brought it to the Commission. Somewhere in this, I think we should give credit to Longwood." Mr. Stevenson stated, "Absolutely." Commissioner McGinnis said, "One thing I did not notice, when we talk about the 'Applicant must hold community meetings' - they have to call a meeting, but we don't say that it should be as close to the proposed project as possible." Mr. Stevenson commented, "So you'd like language that the meeting would be scheduled in a location as close to the project as possible?" Commissioner McGinnis said, "Yes." Commissioner McGinnis noted, "There are some typos that I will talk to you privately about." Mr. Stevenson said, "Found some of them." Then, Commissioner McGinnis noted where it says, "It is important that all meeting notices get to people early enough so they can make plans to attend your meeting - and it says, Notices to meetings should reach invitees ten (10) to fourteen (14) days before the meeting, I would suggest we would say, 'Notices of meetings must reach invitees ten (10) to fourteen (14) days'. I think not 'Should', 'Must' - or 'Shall'." Mr. Stevenson said, "We can make the language imperative." Furthermore, Commissioner McGinnis then said, "In the very beginning under 'Attachment A', it is the second page, its - 6. c. It says, 'Other interested parties who have requested to be placed on an interested party's notification list maintained by the Community Development Department.' Well, how would people know about that?" Mr. Stevenson resplied, "What we already have in place is - this primarily speaks to Homeowner's Associations who want to be notified of anything happening in their area. We have a number of those who already maintain a database." Commissioner McGinnis pointed out, "That is mentioned in b. Then, c. says 'Other interested parties who have requested' . .." Mr. Stevenson remarked, "... These would be outside of what we would consider the public notification area." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 24, 2006 PAGE 24 OF 39 Commissioner McGinnis asked, "How do people even know about getting on that list?" Mr. Stevenson said, "I would have to check on this, Commissioner. And if not, we can certainly put it on our Website." Commissioner McGinnis said, "Okay." Discussion. Commissioner Gilmore said, "I question whether a 150 feet (150') or even 500 feet (500') is adequate." Commissioner Gilmore added, "You need 1,015 feet." Mr. Stevenson said, "We certainly have the ability again, we had said 150 to 500 feet (150-500') and we have the ability to modify those requirements." Further discussion. Deputy Mayor Blake suggested, "We have a Website, we have a Newsletter. If we send out in our quarterly Newsletter, a page that maybe is just a link that goes to the Website, with this information that we get in our Consent Agenda every Meeting that shows the current status of new projects coming to Winter Springs, frankly if people hear about it, early on in the process, then they can make their calls; then they can call their Elected Official, then they can get the real story behind what is really happening. They can be informed, and they can get involved in the process that already exists for public input." Discussion. "I WOULD LIKE TO MAKE A MOTION THAT WE DIRECT THE CITY MANAGER TO PROVIDE FOR LARGE-SCALE DEVELOPMENT REQUEST NOTIFICATION ON THE WEB SITE AND THROUGH THE QUARTERLY NEWSLETTER AND THAT WE NOT FORM A CITIZEN AWARENESS AND PARTICIPATION PLAN (CAPP)." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. COMMISSIONER MILLER SAID, "I WOULD JUST LIKE TO MAKE SURE THAT STAFF BRINGS IT TO OUR ATTENTION IMMEDIATELY WHEN THEY BECOME AWARE OF IT, OF ANY OF THESE ISSUES." MR. STEVENSON NOTED, "THERE REALLY IS NO 'BOARD' ASSOCIATED WITH THIS. THIS IS A PROCESS." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 24, 2006 PAGE 25 OF 39 VOTE: COMMISSIONER GILMORE: NAY COMMISSIONER McGINNIS: NAY COMMISSIONER KREBS: NAY COMMISSIONER MILLER: AYE DEPUTY MAYOR BLAKE: NAY MOTION DID NOT CARRY. "I WOULD LIKE TO MOVE THAT WE ADOPT THE CAPP (CITIZEN AWARENESS AND PARTICIPATION PLAN) PROGRAM WITH - EACH PROJECT PROPOSED TO COME BEFORE THE COMMISSION - IF THE DEPARTMENT OF COMMUNITY DEVELOPMENT DEEMS THAT THIS IS SOMETHING THAT IS APPROPRIATE FOR THIS PROGRAM. THIS WOULD BE ON A CASE BY CASE BASIS." MOTION BY COMMISSIONER McGINNIS. MANAGER McLEMORE SAID, "WE WILL WORK IT OUT. WE WILL BRING BACK SOME LANGUAGE ON THAT." COMMISSIONER McGINNIS SAID, "BRING THAT BACK AS ANOTHER AGENDA [ITEM]." SECONDED BY COMMISSIONER MILLER. DISCUSSION. Tape 4/Side A VOTE: COMMISSIONER McGINNIS: NAY COMMISSIONER KREBS: NAY DEPUTY MAYOR BLAKE: NAY COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: NAY MOTION DID NOT CARRY. "MOTION TO EXTEND." SECONDED. DISCUSSION. MOTION BY COMMISSIONER KREBS. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BLAKE: NAY COMMISSIONER KREBS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 24, 2006 PAGE 26 OF 39 "I WOULD LIKE TO MAKE A MOTION THAT WE HAVE THE CITY MANAGER BRING US BACK SOME WORDING ON HOW THIS SHOULD BE IMPLEMENTED." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BLAKE: NAY COMMISSIONER GILMORE: AYE MOTION CARRIED. REGULAR 307. Not Used. REGULAR 308. Public Works Department Providing The City Commission Information Regarding Transportation Strategies Proposed To Monitor And Mitigate Traffic Impacts From The Legacy Park Mixed- Use Project In Casselberry [Resolution 2006-42]. Mr. Brian Fields, P.E., City Engineer, Public Works Department spoke on this Agenda Item Discussion. "MOTION THAT WE ADOPT THE THREE (3) RECOMMENDATIONS AND SEND THE RESOLUTION [2006-42] OVER TO CASSELBERRY AND LOOK INTO THE OTHER TWO (2) ITEMS THAT - THE CONSULTANT MENTIONED." MOTION BY COMMISSIONER MILLER. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER GILMORE." DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 24, 2006 PAGE 27 OF 39 REGULAR 309. Not Used. REGULAR 310. Not Used. REGULAR 311. Office Of The City Clerk Respectfully Requests That Commissioner Joanne M. Krebs Make An Appointment To The Planning And Zoning BoardlLocal Planning Agency To Fill A Current Vacancy. "I HA VE AN APPOINTMENT FOR PLANNING AND ZONING - I WOULD LIKE TO RECOMMEND DENISE RYSER FOR THE POSITION ON THIS BOARD. I REALIZ SHE - WAS JUST APPOINTED TO ANOTHER - BUT UNFORTUNAETLY - NED VOSKA CAN NO LONGER BE ON THE [PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY] BOARD." FURTHERMORE, COMMISSIONER KREBS ADDED THAT MR. VOSKA HAD RECENTL Y RESIGNED. MOTION BY COMMISSIONER KREBS. MAYOR BUSH NOTED, "MOTION IS TO APPOINT DENISE RYSER TO THE P AND Z (PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY)." Deputy Mayor Blake Stated, "Point Of Order". COMMISSIONER KREBS THEN NOTED, "SHE [DENISE RYSER] HASN'T BEEN SWORN IN.'' SECONDED BY DEPUTY MAYOR BLAKE. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 24, 2006 PAGE 28 OF 39 REGULAR 312. Community Development Department ADD-ON Requests That The City Commission Consider The New Owner's (Mr. M. Z. Salarbux) Request To Renew/Extend The Final Engineering/Site Plan And Development Agreement For The Venetian Village A.K.A. (As Known As) Village Market Place Expansion. Mr. Baker introduced this Agenda Item. Mayor Bush passed the gavel to Deputy Mayor Blake. Mayor Bush left the dais at 11:35 p.m. "MOTION TO APPROVE ITEM '312'." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. .:. .:. AGENDA NOTE: THE FOLLOWING CONSENT AGENDA ITEMS WERE NOT NECESSARILY DISCUSSED IN THE ORDER DOCUMENTED. .:. .:. CONSENT AGENDA CONSENT 400. Parks and Recreation Department Requesting The City Commission To Authorize The City Manager And City Attorney To Execute The Florida Department Of Environmental Protection, Florida Recreation Development Assistance Program Project Grant Agreement For Trotwood Park. Brief discussion ensued with Mr. Pula. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 24, 2006 PAGE 29 OF 39 CONSENT 401. Office Of The City Manager Requesting That The City Commission Confirm The Consensus Of The City Commission (As Discussed At The July 17, 2006 Workshop) Regarding The Designation Of Mayor John F. Bush As Our "Voting Delegate", To Represent The City Of Winter Springs At The Upcoming Florida League Of Cities Annual Conference. No discussion. CONSENT 402. Public Works Department Request Approval To Purchase Brick Pavers For The Blumberg Boulevardffown Center Trail From Pavers Systems. There was no discussion on this Agenda Item. CONSENT 403. Public Works Department Requests City Commission Authorization To Enter Into An Interlocal Agreement With Seminole County Providing The Funding For Design And Construction Of Sidewalks On Dyson Drive, Northern Way, And Shetland Avenue. This Agenda Item was not discussed. CONSENT 404. Public Works Department Requests City Commission Authorization To Enter Into An Interlocal Agreement With Seminole County Providing For Traffic Signal Maintenance. No discussion. CONSENT 405. Finance Department Requesting Authorization From The City Commission To Extend The City's Current Contract With Severn Trent Environmental Services, Inc. To Read City Water Meters For The Contract Period August 1,2006 To July 31, 2007, Year 3 Of A Possible 4 Year Contract. There was no discussion on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 24,2006 PAGE 30 OF 39 CONSENT 406. Office Of The City Clerk Requesting Approval Of The July 10, 2006 Regular City Commission Meeting Minutes. This Agenda Item was not discussed. "MOTION TO APPROVE" CONSENT AGENDA. MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER MILLER. DISCUSSION. Mayor Bush returned to the dais at 11:38 p.m. and the gavel was returned to him. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE MOTION CARRIED. INFORMA TIONAL AGENDA INFORMATIONAL 500. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. No discussion. INFORMATIONAL 501. Office Of The City Manager Responding To The City Commission Directive Regarding Staff Participation In Leadership Seminole. There was no discussion on this Agenda Item. INFORMATIONAL 502. Community Development Department Advising The City Commission Of The Current City Policy For Temporary Structures/Canopies/Portable Carports. Brief discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JULY 24, 2006 PAGE 31 OF 39 INFORMATIONAL 503. Information Services Department and Office Of The City Clerk Wishes To Inform The City Commission Of Upcoming WebLink Document Search Classes To Be Offered To Residents Of Winter Springs. This Agenda Item was not discussed. INFORMATIONAL 504. Public Works Department Advising The City Commission Of The Status Of Various Capital Improvement Projects. No discussion. INFORMATIONAL 505. Not Used. INFORMATIONAL 506. Community Development Department Advising The City Commission Of The Status Of The Use Of Temporary Emergency Protective Roof Covers (Blue Tarps) As A Result Of The Hurricanes Of 2004. With brief discussion on hardships, Commissioner McGinnis asked, "Is there any referral service? Keep it in mind and let us know." Mr. Stevenson stated, "There may be, let me check. " INFORMATIONAL 507. Community Development Department - Urban Beautification Services Division ADD-ON Updating The City Commission On The Status Of Warranty Replacement Of The Diseased Magnolia Trees And Plant Material Located In The SR (State Road) 434 Village Walk Plaza Area. This Agenda Item was discussed prior to the overall discussion on the Informational Agenda. "MOVE TO APPROVE" INFORMATIONAL AGENDA. MOTION BY COMMISSIONER McGINNIS. SECONDED BY DEPUTY MAYOR BLAKE. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 24, 2006 PAGE 32 OF 39 VOTE: COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. .:. .:. AGENDA NOTE: THE FOLLOWING REPORTS WERE HEARD IN THE ORDER DOCUMENTED. .:. .:. REPORTS REPORTS 600. Office Of The City Attorney - Anthony A. Garganese, Esquire Mayor Bush asked Attorney Garganese about the status of the upcoming Binford Trial, to which Attorney Garganese stated, "It is currently scheduled for the first week of August." Attorney Garganese noted, "I am still working on the Cell Tower Ordinance. Hope to finish that very soon." Next, Attorney Garganese mentioned another issue - the Tuscawilla Homeowner's Association's and the installation of two (2) flagpoles and remarked, "I probably need to sit down and talk to him [City Manager]." Mayor Bush further mentioned the upcoming Binford Trial and asked if Attorney Garganese could confirm with him whether it was still scheduled. Continuing, Attorney Garganese commented, "I would like the Commission to give me the liberty to maybe put a little bit more diplomatic language in that Resolution you want to send to Casselberry." Commissioner McGinnis stated, "Yes, 1 agree." Deputy Mayor Blake noted, "Absolutely." No objections were voiced. Mayor Bush added, "That is fine." Furthermore, regarding the upcoming Binford Trial, Attorney Garganese said to Mayor Bush, "I will get back with you tomorrow." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 24, 2006 PAGE 33 OF 39 REPORTS 602. Office Of The City Clerk - Andrea Lorenzo-Luaces, CMC No Report. REPORTS 603. Commission Seat Two/Deputy Mayor - Michael S. Blake Deputy Mayor Blake spoke regarding tonight's Ranchlands lot split and suggested, "I think that there is something that we can do that will still provide for lot splits where they are appropriate but also protect the ultimate character of that neighborhood; and I would like the Commission's support to direct Anthony fGarganeseJ, to bring back to us an Ordinance as soon as possible, that will make a few minor adjustments in the current lot split language, specifically, and this will require a little bit of math - my idea is that a lot split request would be - allowable, if - each of the new lot sizes are of an acreage that is greater than the average lot size, within a specified radius of the same Zoning classification." Continuing, Deputy Mayor Blake explained, "Let's say that there is a lot in the Ranchlands that the Owner would like to split and the split means into two (2)." Furthermore, Deputy Mayor Blake stated, "And that lot size is currently ten (10) acres in size, it is a ten (10) acre lot. They would like to split it into two (2) different lots. If you would draw from the center point of the lot, a radius of I think a 1,000 feet, and look at all of the lots encompassed, that that 1,000 foot radius would touch upon, in that same Zoning district, so in other words, if it is - a lot that is near the Ranchlands and goes over into - Mt. Greenwood - where the lots are very, very small; they would not be included in the calculation because they are in a different Zoning classification. So, it would only include those lots that are in the same Zoning classification as the Ranchlands. Add up all the acreage, divide it by the number of lots included, gives you an average acreage. Let's say that that number is three (3) acres. On average, lots within that radius are three (3) acres, then that lot split could occur if it were to split that one (1) lot into a seven (7) acre lot and a three (3) acre lot. It could not occur if they wanted to split it up to an eight (8) acre lot and a two (2) acre lot because two(2) is below the average of three (3) acres." Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 24, 2006 PAGE 34 OF 39 Mayor Bush said to Attorney Garganese, "Would it make sense that we do with this, what we did with the garage on Deer Run, where you basically post that there is a pending Ordinance?" Attorney Garganese stated, "Yes. If that is the direction of the Commission to move forward..." Mayor Bush then said, "...Commissioners, is that something you are in agreement with?" Commissioner Krebs said, "Yes, 1 think we need to preserve the character of the neighborhood." Commissioner McGinnis remarked, "Good." Commissioner Gilmore commented, "1 definitely think that we need to do something. 1 am not sure of the mathematics that Commissioner Blake used, is the right mathematics, but we do need some." Commissioner Miller stated, "Yes, but 1 want to clarify it because there was a time when you could only split the lot once - maybe we need to go back to that again." Regarding previous lot splits, Commissioner Miller added, "1 would like to get back to that if we could, the rationale for it and how we could possibly do that again." Mayor Bush noted, "1 think we have Consensus on that." Next, Deputy Mayor Blake asked Attorney Garganese about personnel changes to his Firm. REPORTS 604. Commission Seat Three - Donald A. Gilmore First, Commissioner Gilmore said, "I am glad to see this compatibility Ordinance IS working. " Secondly, Commissioner Gilmore asked Manager McLemore, "Name tags for the employees - what has happened?" Manager McLemore said, "I am going to have to update you at the next Meeting on that one." REPORTS 605. Commission Seat Four - Sally McGinnis Commissioner McGinnis remarked, "Congratulations to Bob Rucci and F.L.O.P (Friend of Leash Optional Parks)" on their "Hogs and Hounds Charity Poker Run" event. Tape 4/Side B CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 24, 2006 PAGE 35 OF 39 Mr. Bob Rucci, 973 Turkey Hollow Circle, Winter Springs, Florida: spoke of the "Hogs and Hounds Charity Poker Run" which was held yesterday. Commissioner McGinnis stated, "Looking forward to seeing pictures." Next, Commissioner McGinnis spoke of the Dog Park, and asked Mayor Bush if he had spoken to Chairman Henley of the Seminole County Board of County Commissioners about the Dog Park? Mayor Bush stated, "It isn't going to happen at Jetta Point." "I WOULD LIKE CHUCK [PULA] TO COME BACK WITH A REAL FIRM RECOMMENTATION FOR THAT LAND - WITH A DOG PARK." MOTION BY COMMISSIONER McGINNIS. MAYOR BUSH NOTED, "RELOCATE THE DOG PARK." SECONDED BY COMMISSIONER KREBS. DISCUSSION. DEPUTY MAYOR BLAKE MENTIONED, "WE ALL HAVE AGREED, I THINK IN PRINCIPLE THAT WE ARE COMMITTED TO A DOG PARK. WE ARE COMMITTED TO PROVIDING IT SOME PLACE." COMMISSIONER KREBS SAID TO MR. PULA, "WHEN YOU FIRST TOOK ME AROUND IN THE CITY, I BELIEVE YOU TOLD ME THERE WAS SOME - PASSIVE AREA - A PASSIVE PARK BUT IT REALL Y WASN'T USED FOR ANYTHING." COMMISSIONER KREBS NOTED, "IT WAS THE ONE (1) PARK THAT WE DIDN'T VISIT, BUT YOU SAID AT THAT POINT THAT THE NEIGHBORS DIDN'T WANT ANY KIND OF BASEBALL, ANYTHING GOING ON THERE; OR THEY DIDN'T WANT LIGHTS." COMMISSIONER McGINNIS SPOKE FOR RECORD AS TO WHETHER MR. PULA HAD BEEN WORKING ON THIS. FURTHER DISCUSSION. "I WOULD LIKE TO AMEND - TO ADD WITHIN ONE (1) MONTH." AMENDMENT TO THE MOTION BY COMMISSIONER McGINNIS. MOTION DIED FOR LACK OF A SECOND. VOTE: DEPUTY MAYOR BLAKE: NAY COMMISSIONER MILLER: NAY COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: NAY MOTION DID NOT CARRY. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 24, 2006 PAGE 36 OF 39 Commissioner McGinnis stated, "I will be gIvmg three (3) documents to Andrea [Lorenzo-Luaces, City Clerk] and 1 will ask that she give you copies. It is from the Alliance." The documents related to child abuse statistics in the City. Commissioner McGinnis added, "I just think you need to be aware of this." Discussion ensued on scholarship money available for summer camp attendees. REPORTS 606. Commission Seat Five - Joanne M. Krebs Commissioner Krebs smoke of a School fund raising permit. Commissioner Krebs said, "What 1 wanted us to do is if we do feel that the school should, especially in fundraisers - put it in writing." With discussion, Manager McLemore stated, "I recall as Commissioner Blake making the Motion, and it went something like we were going to give the schools two (2) or three (3) or four (4) permits a year free - they had to get the permit, but we gave it to them free; and you instructed me to write a letter to that effect, and 1 wrote the letter." Manager McLemore suggested, "We'll write you a Policy and bring it back." Commissioner Krebs also thanked Mr. Bob Rucci for the "Hogs and Hounds Charity Poker Run" event. Next brought up by Commissioner Krebs was whether a Conference Calendar would be helpful. Discussion. Commissioner Krebs stated, "I was wondering if there was going to be a park event in October?" Mr. Pula said, "I was going to bring it to you at your next Meeting as an Agenda Item." Continuing with the next item, Commissioner Krebs noted, "Oak Forest Lake - problems, again. " Next, Commissioner Krebs addressed Attorney Garganese regarding Social Security numbers on Utility Bill documents, and asked, "Can we take it off at some point, and not use it - not make that a Policy to use it, therefore not having to be in the position that we would have to furnish it." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 24, 2006 PAGE 37 OF 39 Commissioner Krebs explained, "If the City said we are no longer going to collect or use Social Security numbers, as identification, and - now I have been here since 1988 and of course my Social Security number is on file, but because it is no longer the City's Policy, can we not provide that information? Or because it existed at one time and was public information...." Attorney Garganese said, "...1 can talk to you more about it." Discussion. Further discussion continued regarding collections, other types of personal identification, and what Ms. Greco is using. Attorney Garganese stated, "I probably need to regroup then with staff and the Manager on that." Lastly, Commissioner Krebs mentioned that Smokey and Alice Louise Allen were moving out of the City and asked if a "Key to the City" could be given to them? Mayor Bush said, "I think that is a good idea. Andrea [Lorenzo-Luaces], a Resolution or put the key on a plaque or something like we have done before, and then contact them and see when they could come to a Meeting, so we can present it." REPORTS 607. Office Of The Mayor - John F. Bush Mayor Bush remarked, "I did talk with Chairman Henley this afternoon on the Jetta Point and his feeling is that the County Commissioners do not want a Dog Park at that location. The other thing too, I talked to him about the Therapy Pool, the money we were asking there." Mayor Bush added, "I talked to Don Fisher and Don [Fisher] said he thought it was on their upcoming Agenda for approval, but that he would call me tomorrow and tell me for certain." Mayor Bush added, "As soon as I know something I will let the Manager know." Regarding letting the City Commission know of the details, Mayor Bush said, "I will let Andrea [Lorenzo-Luaces] know and the Manager know." Next, Mayor Bush said, "August the 21st [2006] at 6:30 [p.m.], I have asked the Workforce Housing people to come and make a presentation to the Commission." With discussion, Mayor Bush said, "Would you look at your calendars and let me know as soon as possible, if we need to reschedule that." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JULY 24, 2006 PAGE 38 OF 39 · Planning And Zoning Board/Local Planning Agency Mayor Bush said, "I have asked Shelley Lauten of myregion.org organization to come make a presentation to not only the Commission, but the P and Z/LP A (Planning and Zoning Board/Local Planning Agency) - they are getting ready to do the Comp Plan." Additionally, Mayor Bush remarked about the recent Planning and Zoning Board/Local Planning Agency Workshop and said, "About having some follow-up on that to get together with them." Mayor Bush added, "It would be good to have this probably, since we are getting ready to do the Comp[rehensive] Plan, why don't we talk to Eloise [Sahlstrom] about that and see where this fits into the schedule? Everybody okay with that?" No objections were noted. Mayor Bush added, "Okay." REPORTS 608. Commission Seat One - Robert S. Miller Commissioner Miller said, "I would suggest that all of us Commissioners get with the City Manager sometime in the next month, regarding what it is that might be possible, or not possible, on the Budget next year." REPORTS 601. Office Of The City Manager - Ronald W. McLemore Manager McLemore mentioned bringing a Development Agreement with the James Doran Company on the next phase of the Town Center project to the City Commission. Manager McLemore stated, "It will involve - the City's participation in that whole project and those things which make it workable, financially. Additional parking is a big part of that. So 1 am just making you aware that we will probably look at that at the next Meeting." .:..:. AGENDA NOTE: THE FOLLOWING ADDITIONAL REPORT WAS HEARD NEXT, AS DOCUMENTED. .:. .:. REPORTS REPORTS 605. Commission Seat Four - Sally McGinnis Commissioner McGinnis commented on sending out a letter to address issues related to the Winter Springs Golf Course. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - JUL Y 24, 2006 PAGE 39 OF 39 With discussion, Manager McLemore suggested, "We could put it out in the Water billings." Mayor Bush added, "Put it in the Water Bill Commissioner, in that cycle that goes to the Highlands." Commissioner McGinnis remarked, "Okay." Mayor Bush then asked, "Is that okay with everybody? Put it in the Water Bill, in the cycle that goes to the Highlands people." Commissioner McGinnis commented, "Okay." Commissioner Gilmore said, "Yes." No objections were noted. Also related to the Winter Springs Golf Course, Manager McLemore spoke of water rates and suggested that he could do an Agenda Item for further discussion. Discussion. ADJOURNMENT Mayor Bush adjourned the Regular Meeting at 12:44 a.m. RESPECTFULLY SUBMITTED: JOANL BROWN, DEPUTY CITY CLERK J ENZO-LUACES, CMC APPROVED: ~~ NOTE: These Minutes were approved at the August 14,2006 Regular City Commission Meeting.