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HomeMy WebLinkAbout2005 09 26 Consent 200 CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING SEPTEMBER 12,2005 CALL TO ORDER The Regular Meeting of Thursday, September 12, 2005 of the City Commission was called to order by Mayor John F. Bush at 6:30 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). ROLL CALL: Mayor John F. Bush, present Deputy Mayor Michael S. Blake, present Commissioner Robert S. Miller, present Commissioner Donald A. Gilmore, present Commissioner Sally McGinnis, present Commissioner Joanne M. Krebs, present City Manager Ronald W. McLemore, present City Attorney Anthony A. Garganese, present A moment of silence was followed by the Pledge of Allegiance. Under Agenda Changes, Mayor Bush stated, "Item' 503' has been pulled." .:..:. AGENDA NOTE: THE FOLLOWING PUBLIC HEARING AGENDA ITEMS WERE NEXT, FOLLOWED BY THE REST OF THE AGENDA, AS DOCUMENTED. .:. .:. PUBLIC HEARINGS AGENDA (PART I) PUBLIC HEARINGS 400. Office Of The City Manager Requesting That The City Commission Hold A Public Hearing Relative To The Approval Of Resolution Number 2004-36, Which Establishes The Tentative Operating Millage Rate For Fiscal Year 2005-2006 For The City Of Winter Springs At Mills Which Is oA. Above The Rolled-Back Rate Of 3.9214 Mills And The Tentative Voted Debt Service Millage Rate For Fiscal Year 2005-2006 For The City Of Winter Springs At .1374 Mills. Mayor Bush read a statement on the Budget. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 12, 2005 PAGE 2 OF 44 With discussion, Commissioner Robert S. Miller said, "I also would like to see this study that the City Manager is going to assemble." Discussion. Chief of Police Daniel J. Kerr, Police Department stated, "You all asked me for a Report to give you an update on what the status was of activity in our City and any recommendations that we might have." Chief Kerr added, "As you know, when I discussed this with you last week, I certainly didn't paint a picture that the sky was falling, that we were in desperate need. When the workload analysis indicated the number of people should be added, in addition to how fast our City will be growing, I tried to give you a seven (7) year plan." Chief Kerr added, "In no way, was I ever trying to put any of you on the spot to hire large numbers of people. I certainly don't want to impact our citizens with a large tax increase and I don't want to rob from any of the other services in this City to do anything because it is a team effort and it does take all of us." City Manager Ronald W. McLemore stated, "We have done what I consider the first cut of a projection of population growth and revenue production and that type of thing, but it's not at a point now where it can be shared - with policy makers because it just needs a lot of work; but you know, that is one of things that we can bring to you in a month or so. " Further discussion. T ape liS ide B Regarding current crime rates, Chief Kerr stated, "I had recommended at the initial Budget Meeting that we - hold off until next year, but it was very early in the year and I thought we could probably bring it back down because we have had a few little spikes like that before; but again - is the sky falling? No - is there an opportunity to keep trying to bring it back down? Certainly, we're going to do that regardless of whether we get any more people or not." Discussion. Mayor Bush opened the "Public Input" portion of the Agenda Item. Ms. Madeline Wansbury, 108 Peregrine Court, Winter Springs, Florida: spoke against the proposed Millage Rate increase and commented on some of the items recently suggested by Commissioner Miller. Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 12, 2005 PAGE 3 OF 44 Mayor Bush recognized former Mayor, Paul P. Partyka and former City Commissioner, Edward Martinez, Jr. Ms. Robin Boland, 1570 Wescott Loop, Winter Springs, Florida: suggested Impact Fees could possibly be increased, rather than taxes. Mr. Ron Ligthart, 1036 Winding Waters Circle, Winter Springs, Florida: commented on City Commission and City Manager salaries; and Tuscawilla Homeowner's Association Increases. Ms. Helga Schwarz, 720 Galloway Court, Winter Springs, Florida: was not in favor of a possible Parking Garage; and an increased Millage Rate. Mr. Vince Cerniglia, 117 Blue Creek Drive, Winter Springs, Florida: spoke of the proposed Millage. Mr. Charles F. Kuts, 541 Saddlewood Lane, Winter Springs, Florida: mentioned that the Sheriff's Department has a high regard for the Winter Springs Police Department, and commented on the proposed Millage. Mr. Edward Martinez, Jr., 205 Little Creek Lane, Winter Springs, Florida: remarked about recent increases; spoke against the proposed Millage Rate; and suggested instead that General Fund revenues be used. Ms. Judith M Sawyer, 111 Bay tree Court, Winter Springs, Florida: mentioned trying to get a paper copy of the Budget; and suggested alternatives to increased Property Taxes. Mr. Tim Jones, 1600 White Cloud Court, Winter Springs, Florida: spoke of the proposed Millage Rate and Budget preparation. Ms. Jannell Nelson, 416 David Street, Winter Springs, Florida: spoke against the proposed Millage rate. Mr. Jerome Holland, 60 Sable Court, Winter Springs, Florida: remarked about growth, and asked if the general population could vote on the proposed Millage. Deputy Mayor Michael S. Blake stated "Point of Order" and spoke on how the Millage was set. Ms. Kathleen Roy, 350 Twelve Oaks Drive, Winter Springs, Florida: asked what citizens could do to prevent the City Commission from increasing the Millage without Voter approval. Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 12, 2005 PAGE 4 OF 44 Mayor Bush closed the "Public Input" portion of the Agenda Item. Tape 2/Side A Brief discussion. "I WOULD LIKE TO MAKE A MOTION THAT WE - SEND RESOLUTION 2005-36, THE TENTATIVE MILLAGE RATE TO A SECOND PUBLIC HEARING TWO (2) WEEKS FROM THIS EVENING, SETTING THE OPERATING MILLAGE FOR FISCAL YEAR 2005-2006 AT 4.6126 MILLS. SECONDLY, THE VOTED DEBT SERVICE MILLAGE FOR FISCAL YEAR - 2005-2006 SET AT .1374 MILLS; CALCULATED ROLLED-BACK RATE IS 3.9214 MILLS; AND THE TENTATIVE OPERATING MILLAGE RATE IS 17.63 PERCENT ABOVE THE ROLLED-BACK RATE; AND THIS WOULD BE HEARD AGAIN AT THESE CHAMBERS, SEPTEMBER 26TH 2005, AT 6:30 P.M., FOR FINAL ADOPTION." MOTION BY DEPUTY MAYOR BLAKE. DEPUTY MAYOR BLAKE STATED, "THE FIRST BLANK SHOULD BE 4.6126 MILLS, THAT IS THE OPERATING MILLAGE. THE TOTAL OVERALL MILLAGE RATE WOULD BE 4.75 MILLS." SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. Mayor Bush called a recess at 8:11 p.m. The Regular Meeting was called back to order at 8:35 p.m. PUBLIC HEARINGS 401. Office Of The City Manager Requesting The City Commission Hold A Public Hearing Relative To The Approval Of Resolution Number 2005-37, Establishing The Tentative Budget For Fiscal Year 2005-2006. Brief discussion. Commissioner Miller returned to the Commission Chambers at 8:37 p.m. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 12, 2005 PAGE 5 OF 44 Deputy Mayor Blake returned to the Commission Chambers at 8:39 p.m. Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. Discussion ensued on the budget amount of $8,801,008.00, to which Deputy Mayor Blake stated, "The intent of the Millage being set at - 4.6126 was to generate an additional three hundred and fourteen thousand dollars ($314,000.00) to implement the three (3) Officers for the full year and three (3) Officers for the mid-year addition to the Police Department." 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. Commissioner Miller stated, "Point of Clarification" and spoke of the Budget. Deputy Mayor Blake remarked, "I don't think that there are any rules of the Commission or statutory requirement to not go up or go down, or not to not move around any Accounts in the Budget between a First Reading, a Second Adoption Hearing for this, unlike setting a cap for the Millage." Deputy Mayor Blake stated, "Point of Order" and spoke of having the floor to speak. "I WOULD LIKE TO MAKE A MOTION THAT WE ADOPT AND MOVE FORWARD RESOLUTION NUMBER 2005-37 AS PRESENTED WITH THE ADDITION OF THREE HUNDRED AND FOURTEEN THOUSAND DOLLARS ($314,000.00) TO THE LINE ITEM OF OFFICERS AND EQUIPMENT, THREE (3) OFFICERS FULL YEAR AND THREE (3) OFFICERS MID-YEAR." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. MANAGER McLEMORE REMARKED, "A TENTH OF A MILL ON A HUNDRED THOUSAND [DOLLARS] ($100,000.00) VALUATION IS TWENTY DOLLARS ($20.00), APPROXIMATELY." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 12, 2005 PAGE 6 OF 44 VOTE: DEPUTY MAYOR BLAKE: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. PUBLIC INPUT Mr. George Seely, 211 Birch Terrace, Winter Springs, Florida: spoke on the recent Accreditation of the Winter Springs Police Department. Mr. Robert Osborne, 688 Brown Bear Court, Winter Springs, Florida: mentioned cell phone reception problems in the immediate vicinity. Discussion. CONSENT AGENDA CONSENT 200. Community Development Department - Urban Beautification Services Division Requesting Authorization To Escalate The SR (State Road) 434 Landscape Maintenance Contract Value Beyond Contract Limits At Renewal. Discussion ensued on purchasing procedures. CONSENT 201. Information Services Department Wishes To Update The Commission On The Status Of The Research Being Conducted On City-Wide Wireless Broadband And Requests Authorization To Join County And Other Seminole County Cities To Joint RFI (Request For Information) On This Wireless Initiative. No discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 12, 2005 PAGE 7 OF 44 CONSENT 202. Office Of Commissioner Joanne M. Krebs Requests That The City Commission Consider Information Related To The Hospice Organization And Approve Resolution Number 2005-35 Offering The City Commission's Support Of Hospice Of The Comforter To Build An Inpatient Facility In Central Florida. Discussion. CONSENT 203. Office Of The Mayor Resolution 2005-34 - Of The City Of Winter Springs, Florida, Expressing Appreciation To Richard Grogan For His Service On The Beautification Of Winter Springs Board. There was no discussion on this Agenda Item. CONSENT 204. Information Services Department Requests An Additional Appropriation In The Amount Of $1,700.00 (One Thousand Seven Hundred Dollars) To Upgrade The Audio Visual System Equipment Rack In Commission Chambers. Discussion. CONSENT 205. Information Services Department Requests Commission Authorization To Pay The Munis Annual Maintenance And Support Contract In The Amount Of $36,433.25 (Thirty-Six Thousand, Four Hundred Thirty-Three Dollars And Twenty-Five Cents). This Agenda Item was not discussed. CONSENT 206. Information Services Department Requests That The Commission Authorize An Additional Appropriation In The Amount Of $3,700.00 (Three Thousand Seven Hundred Dollars) To Put Public Works Phone System On Fiber Instead Of The Existing Copper. Manager McLemore stated, "Pull off for separate Vote." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 12, 2005 PAGE 8 OF 44 CONSENT 207. Office Of The City Clerk Requesting Approval Of The August 22, 2005 Regular City Commission Meeting Minutes. No discussion. Mayor Bush stated, "Can we have a Motion on the Consent Agenda? Item '206' has been pulled." "MOTION TO APPROVE." MOTION BY COMMISSIONER McGINNIS. MAYOR BUSH ADDED, "SECONDED BY COMMISSIONER GILMORE TO APPROVE THE CONSENT AGENDA MINUS ITEM '206'." DISCUSSION. VOTE: COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE FOLLOWING CONSENT AGENDA ITEM WAS DISCUSSED AGAIN, AS DOCUMENTED. .:..:. CONSENT AGENDA CONSENT 206. Information Services Department Requests That The Commission Authorize An Additional Appropriation In The Amount Of $3,700.00 (Three Thousand Seven Hundred Dollars) To Put Public Works Phone System On Fiber Instead Of The Existing Copper. Ms. Joanne Dalka, Director, Information Services Director noted that "This afternoon I received a phone call from the Vendor; and also the Vendor came out to verify that we could install the equipment for the thirty-seven hundred dollars ($3,700.00) and they had left out one (1) piece of equipment, so the total now is six thousand two hundred eighty- two dollars ($6,282.00)." Discussion. Tape 2/S ide B Further discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 12, 2005 PAGE 9 OF 44 "I MOVE THAT WE APPROVE THE EXPENDITURES OF SIX THOUSAND TWO HUNDRED EIGHTY-TWO DOLLARS ($6,282.00) ON AGENDA ITEM '206'." MOTION BY COMMISSIONER GILMORE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. "I WOULD LIKE TO AMEND THE MOTION - WE APPROPRIATE THIRTY- ONE HUNDRED AND FORTY-ONE DOLLARS ($3,141.00) FROM THE GENERAL FUND AND A LIKE AMOUNT FROM THE UTILITY ENTERPRISE FUND, IN ORDER TO FUND THIS." AMENDMENT TO THE MOTION MY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: (ON THE AMENDMENT TO THE MOTION) COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. VOTE: (ON THE MOTION, AS AMENDED) COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE MOTION CARRIED. INFORMATIONAL AGENDA INFORMA TIONAL 300. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. Discussion. Commissioner Miller stated, "I would like Staff to include in the next Report what the status of this unfinished building - in Villagio." Commissioner Miller added, "Give us an update on what is going on - I am talking about the unfinished building in Villagio." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 12, 2005 PAGE 10 OF 44 INFORMA TIONAL 301. Community Development Department Advising The City Commission On Current Progress Of The Urban Beautification Services Division. With discussion, Commissioner Joanne M. Krebs stated regarding the Tuscawilla Lighting and Beautification District, "If I could get a copy of the Straw Ballot that went out - I did not get one." Mr. Steve Richart, Urban Beautification Coordinator, Community Development Department stated, "I can get you a copy." Mayor Bush added, "I think all of the Commissioners should have a copy." Mr. Richart remarked, "Certainly. " INFORMA TIONAL 302. Police Department Informing The Commission Of Its Grant Award Of $12,000.00 (Twelve Thousand Dollars) From Seminole County Board Of Commissioners. Commissioner Miller stated, "I want to compliment the Police Department on this Grant they are getting. I am also going to give the Clerk an article here called 'Satan's Blood' and it is about the Meth [Methamphetamine] problem." Commissioner Miller added, "The Commission will find this very interesting." Mayor Bush said, "If the Commission has no objection, I would like to send a letter of appreciation to the County Commission thanking them for the twelve thousand dollars ($12,000.00). Is there any objection?" No objections were voiced. Further brief discussion. INFORMA TIONAL 303. Police Department Providing Information To The Commission Concerning Its Recommendation For Approval From The Commission On Accreditation For Law Enforcement Agencies. Commissioner Krebs stated, "Congratulations." Discussion ensued on notification attempts, to which Mayor Bush suggested, "It would be helpful to let the Clerk know, because she makes sure that we are aware." Mayor Bush also stated, "Congratulations." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 12, 2005 PAGE 11 OF 44 Commissioner Krebs suggested, "I would like it if you have something going on, happening, anything like that, if you could..." Chief Kerr said, ".. . We will do a reminder the next time..." Commissioner Krebs continued, "... Or send the Clerk a message so that she can notify us." Commissioner Miller added, "Congratulations." Mayor Bush remarked, "Can we have a Motion on the Informational Agenda?" "SO MOVED." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE MOTION CARRIED. PUBLIC HEARINGS AGENDA (PART II) PUBLIC HEARINGS 402. Office Of The City Attorney Requests That The City Commission Adopt Ordinance 2005-26 On Second Reading. The Ordinance Revises Section 2-57. To Make It Gender Neutral. City Attorney Anthony A. Garganese read the Ordinance by "Title" only. Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. "I WILL MAKE A MOTION THAT WE ADOPT THIS ORDINANCE - 2005-26." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 12, 2005 PAGE 12 OF 44 VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. PUBLIC HEARINGS 403. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For Second Reading/Adoption Of Ordinance 2005-20, A Small Scale FLUM (Future Land Use Map) Amendment Changing The Future Land Use Map Designation Of An 5.13 Acre Parcel, Located At 820 S.R. (State Road) 434, From (Seminole County) "Suburban Estates" And "Conservation" To (City Of Winter Springs) "Commercial" And "Conservation Overlay" (On Those Affected Areas). Attorney Garganese read Ordinance 2005-20 by "Title" only. Mayor Bush spoke briefly on this Agenda Item. No one from the public requested to speak. "MOVE TO APPROVE ORDINANCE 2005-20." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. PUBLIC HEARINGS 404. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For Second Reading/Adoption On Ordinance 2005-21 Which Rezones 5.13 Acres (More Or Less), Located At 820 S.R. (State Road) 434 From "A-I" Agricultural (Seminole County) To "C-l Neighborhood Commercial" (City Of Winter Springs). Brief discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 12, 2005 PAGE 13 OF 44 Attorney Garganese read the Ordinance by "Title" only and stated, "This Ordinance has a Conditional Effective Date - it will become effective upon Ordinance 2005-20 becoming effective." Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. "MOTION TO ADOPT ORDINANCE 2005-21." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. PUBLIC HEARINGS 405. Community Development Department - Planning Division And Office Of The City Attorney Requests The City Commission Hold A Public Hearing For Second Reading/Adoption Of Ordinance 2005-23, Amending Chapter 9 Of The City Code As It Relates To The Subdivision Process. Attorney Garganese read Ordinance 2005-23 by "Title" only and stated for the Record, "If the Commission wants to move forward with this, I am also recommending with John's [Baker, AICP, Senior Planner, Community Development Department] assistance, just a Conforming Amendment to the Zoning Code to make it consistent with the new subdivision requirement." Attorney Garganese added, "We need to make the subdivision requirements consistent with the Zoning, so there would be that Conforming Amendment that I would recommend, that I could easily - it's just changing a definition in the Zoning Code. Then one (1) clarification to page 3 of 7, proposed 9-10. subparagraph @, it says, one of the general criteria for approval is that 'The application does not create any nonconforming lots., tracts of land or developments.' - we just want to re-word that in that the application does not create any lots, tracts of land or developments that do not conform to the - City Code, and not use 'Nonconforming lots'. Those are the two (2) points of clarification." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 12, 2005 PAGE 14 OF 44 Deputy Mayor Blake asked Attorney Garganese, "Where did we end up with 'Flag Lots'?" Attorney Garganese stated, "The Commission - wanted to come back with a better definition of 'Flag Lots' and that is contained on page 2 of7, 9-1., on the top of the page and also, I made a clarification to 9-12. Flag lots. that - the Commission has to approve them. They are prohibited unless approved." Next, Deputy Mayor Blake said to Attorney Garganese, "Can you add in the language into this Ordinance to make the corrections you were speaking of in the Zoning Code?" Attorney Garganese said, "I am asking - the Commission to just authorize me to change the definition of lot of record of the Zoning Code and I will add the language to the Ordinance." Attorney Garganese stated the language would be, "In the Zoning Code - again this is a Conforming Amendment, this is to make the Code consistent - in Section 20-1. of the Zoning Code, there is a definition of 'Lot of record', and it says, 'A lot which is part of a subdivision, the plat of which has been recorded in the office of the clerk of the county circuit court; or a parcel of land, on or before the effective date of the Ordinance from which this chapter was derived'. I would recommend - just a 'Lot of record' is a lot which has been subdivided pursuant to - Chapter 9 of the City Code, and that covers it." Furthermore, Attorney Garganese noted, "A lot of record is a recognized developable lot - that means it has been divided in accordance with the City's rules. The City's rules are in Chapter 9." Attorney Garganese added, "I would recommend simply, more specific - a new Section 3 called 'Conforming Amendments' and it would simply state that Section - 20-1., definition of 'lot of record' is amended to read, a lot which has been subdivided pursuant to the City's subdivision regulations contained in Chapter 9 of the City Code." Discussion. Mayor Bush opened the "Public Input" portion of the Agenda Item. Dr. Neil Backus, 110 East Panama Road, Winter Springs, Florida: spoke of plans for his property in the City. Mayor Bush closed the "Public Input" portion of the Agenda Item. "MOTION TO APPROVE [ORDINANCE 2005-23]." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER MILLER. DISCUSSION. ATTORNEY GARGANESE SAID, "DOES IT INCLUDE THE COMMENTS THAT I PREVIOUSLY MADE?" COMMISSIONER McGINNIS ADDED, "YES, INCORPORATING ALL THE CHANGES." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 12, 2005 PAGE 15 OF 44 VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. PUBLIC HEARINGS 406. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For Second Reading/Adoption Of Ordinance 2005-07, A Large Scale Comprehensive Plan Amendment, Referenced As LS-CP A-05-05 Which Changes The Future Land Use Map Designation From "Office" (Seminole County) And "Commercial" (Seminole County) To "Town Center District" (Winter Springs) For Five (5) Parcels Containing 10.65 Acres, More Or Less, Located On The South Side Of SR (State Road) 434, At The Intersection Of Tuskawilla Road. Attorney Garganese read the Ordinance by "Title" only. Discussion. 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. Eloise Sahlstrom, ASLA, AICP, Senior Planner, Community Development Department said, "We do have a courtesy information list that has been put out front if any of the public wants to be kept in the loop on this." "MOTION TO APPROVE ITEM '406' [ORDINANCE 2005-07]." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 12, 2005 PAGE 16 OF 44 PUBLIC HEARINGS 407. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For Second Reading/Adoption Of Ordinance 2005-08 Which Rezones 10.65 Acres (More Or Less) From "A-I" Agricultural (Seminole County) To "Town Center" (City Of Winter Springs) For Five (5) Parcels Containing 10.65 Acres, More Or Less, Located On The South Side Of SR (State Road) 434, At The Intersection Of Tuskawilla Road. Attorney Garganese read the Ordinance by "Title" only and stated, "This is Second and Final Reading which has a Conditional Effective Date - it becomes effective upon Ordinance 2005-07 becoming effective." 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. Sahlstrom said for the Record, "I neglected to mention on the last one, which really didn't impact your decision, but I did want to let you know that I have had correspondence from the Ondicks' Attorney who indicates that they have no objection to the City's adoption of either of these Ordinances." "MOTION TO APPROVE ITEM '407' [ORDINANCE 2005-08]." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. PUBLIC HEARINGS 408. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For Second Reading And Adoption Of Ordinance 2005-11, A Large Scale Comprehensive Plan Text Amendment (Referenced As LS-CP A-05-06) Which Amends The Transportation Element And The Future Land Use Element. Attorney Garganese read the Ordinance by "Title" only. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 12, 2005 PAGE 17 OF 44 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. Sahlstrom said, "There is a sign-up sheet for the public - if they want to be notified by the State." Tape 3/Side A Discussion. "MOTION TO APPROVE" [ITEM 408 - ORDINANCE 2005-11]. MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. PUBLIC HEARINGS 409. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For Second Readin2:1Adootion Of A Large Scale Comprehensive Plan Text Amendment For Ordinance 2005-12 (Referenced As LS-CP A-05-07), Which Amends The Conservation Element And The Future Land Use Element Relating To Upland Wetland Buffers. Attorney Garganese read the Ordinance by "Title" only. Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 12, 2005 PAGE 18 OF 44 Discussion. "I MAKE A MOTION MAYOR THAT WE APPROVE ITEM '409' [ORDINANCE 2005-12]." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: DEPUTY MAYOR BLAKE: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. Mayor Bush called a recess at 10:16 p.m. The Meeting was called back to order at 10:38 p.m. PUBLIC HEARINGS 410. Community Development Department - Planning Division Requests That The Commission Hold A Public Hearing For The Aesthetic Review Of The JDC Town Center Building 4. Mr. Baker introduced his opening remarks on this Agenda Item. With discussion, Mr. Baker stated, "The railings - these did not meet the Building Code, so that that would have to be revised to actually meet the Building Code." Deputy Mayor Blake stated, "We made some mistakes earlier on where we had building that had access from the parking lot side and the street side, and the street side doors were locked, with signs hanging out on them that said 'Please use other door', and we wanted to make sure we did not make that mistake." Deputy Mayor Blake said while reviewing the plans, "What that is showing me right there is there are doors on both sides - so we don't want that." Deputy Mayor Blake added, "I thought we decided we weren't doing this anymore." Mr. George D. Tullos, Development Manager, James Doran Company, 216 Seven Farms Drive, Suite 200, Charleston, South Carolina: introduced Mr. Rick Maxian, Randall Paulson Architects; and Mr. Chuck Travis, The Housing Studio. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 12, 2005 PAGE 19 OF 44 Mr. Rick Max ian, Project Coordinator, Randall Paulson Architects, 85-A Mill Street, Suite 200, Roswell, Georgia: noted that "We don't want to have this confusion like we had on 9 and 11 like we did before either. So from that standpoint, the other thing is what we're trying to do is just dress it up a little bit more instead of just a solid - hollow metal door that you see on the back, because this is residential units that people will be walking past so we want something a little bit nicer than your hollow metal doors on the back, and that's why - you know, kind of a louvered feel on the back gives you that look." Deputy Mayor Blake stated, "I would be thrilled if they had some architectural value to them, and agree with you that they need to look nice..." Mr. Maxian noted, "...Just so long as they aren't storefront..." Deputy Mayor Blake added, "...1 don't want them to be storefront - I don't want people in the parking lots to be confused that this is how you get into this business." Mr. Maxian said, "Right." Discussion continued. Mr. Chuck Travis, AlA, Principal, The Housing Studio, 500 East Boulevard, Charlotte, North Carolina: remarked, "I would like to leave glass there on that corner, and I would like to leave glass there on that corner, and I am in full agreement with you about creating that entry for the residential lobby and those become service doors." Deputy Mayor Blake said, "I don't have a problem with that, I think - depending on how it is done." With discussion, Mr. Baker said, "From what I am hearing, I am hearing talk about possibly splitting these things off where people would have their primary space on this corridor or somewhere back here and we really want people to have the primary space in the entrance from Tuskawilla Road or Main Street." Deputy Mayor Blake suggested, "In the event that this space were to be split, and we are only talking about this end bay - if this space were to be split, you would still have your front entrance here but for the folks that are walking between the buildings to get to the parking, we admit that that traffic will exist, we hope that that traffic will exist - here is the door so that the storefront is actually going in this walk-through..." Mr. Baker noted, "...That would be, I think a deviation from your Code - certainly you're the DRC [Development Review Committee], the City Commission, you can make that decision, but I don't think that is per your Code." Manager McLemore said, "We will make that subject to a further review." Commissioner Miller stated, "Point of Order" and spoke of the time. "MOTION TO EXTEND THE MEETING." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 12, 2005 PAGE 20 OF 44 VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. With discussion on balconies, Commissioner Gilmore asked, "On these balconies, the two foot (2') balconies, what is the floor in that balcony." Mr. Travis stated, "It will be a solid floor." Furthermore, Mr. Travis stated, "There are six (6) one (1) bedrooms in this building and the remainder of two's." Manager McLemore said, "How large are the two's?" Mr. Travis replied, "They vary in size Ron [McLemore], probably the smallest one is 1,050 and I think it goes up to 1,200 square feet." Discussion. Mr. Travis continued, "The package that you have in front of you, 1,050 is the - two (2) bedroom, which we are calling the 'Bl'. That is - square footage of 1,050, and 1147 is your gross, which would include the balcony. Then the other large two (2) bedroom that we have - it looks like 1,096 and 1,153. There is the 'From I think' to 'I know'." Mayor Bush stated, "The 'B2-4' is 1,096..." Mr. Travis stated, "...That's right. That is probably the largest unit in this building. We have some larger units in building 17, and we will have larger units across the street. We will also have one (1) bedrooms across the street, but I can tell you the majority of them will be two (2) bedrooms with a heavier concentration on three's. There will be a lot of townhouses across the street which are two (2) bedroom towns. So the mix is quite different in the Winter Springs Town Center Phase 2 than what you're seeing here." Commissioner Sally McGinnis said, "We really would like to see some creative signage, so what you are saying here, these are just the outlines of where signage can be put and you are open to all kinds of signage ideas correct?" Mr. Travis stated, "I am, yes." Tape 3/Side B Discussion continued on the size of the proposed units. Mr. Baker then said to the City Commission, "The canopy's awnings balconies would be less than ten feet (10'), probably about nine and a half feet (9~')." Mayor Bush explained, "Should the Commission allow a modification to the Developer's Agreement to allow 9.5 foot canopies?" With discussion, Commissioner Krebs asked why we weren't following the Code, and suggested, "Why don't we put in a range between." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 12, 2005 PAGE 21 OF 44 Commissioner Gilmore said, "We see this week after week after week, we are talking Elevation drawings and we are looking at Plan drawings, Plan views. Why don't we see Elevation drawings and Detail drawings and you tell us why you can't do what we are saying to you. You come in here and say - we want variation and height because of this, because of that, and I think what we need are Elevation drawings. Show us why you can't do what the Code says, just don't walk in here and say, well, we are trying to give variation. That is a nice architectural word, but when you start talking soffits and things like that, I think we should see an Elevation drawing, and a cut-away on it, so that you can detail it. Let us see what your problem is." Mayor Bush said, "Why don't we see those kind of drawings that Commissioner Gilmore indicated?" Mr. Randy Stevenson, ASLA, Director, Community Development Department stated, "From Staff's standpoint, if that's the Commission's direction, we can certainly make those requirements for Aesthetic Review, and we can flag anything that we feel is not in keeping with the Code, and bring those details to you." Mr. Travis remarked, "These are Conceptual drawings so we have the Site Plan, we have Building Plans, Unit Plans, and Elevations. We have not cut the Cross Sections through those areas - we have not cut a Cross Section through there - can we do that? Yes. Will we do that? We certainly will. The idea is that can we make ten feet (10') work? Yes, if you say it has got to be ten feet (10'), or nothing else, then that's what it will be." "MOVE TO TABLE." MOTION BY COMMISSIONER McGINNIS. MOTION DIED FOR LACK OF A SECOND. Mr. Travis stated, "We'll make it ten feet (10')." With further discussion, Mr. Travis commented, "We'll pursue the ten feet (10') and if we determine - and I hear your concern. We'll do everything we can to make it ten feet (10'). Ifit starts going down the wrong path - we'll give you the additional information that I agree, that should be here. If we're asking for something that is different than what is in your Code, we should have had something here to support it, so that is my failure. I'm sorry." Mayor Bush added, "We need pictures. Quite frankly, the Commission needs good pictures of all angles." Mr. Travis stated, "Okay." Mayor Bush asked, "Is there a Consensus on Commissioner Gilmore's recommendation about - Elevations." Commissioner McGinnis stated, "Yes." Commissioner Krebs remarked, "Yes." No objections were noted, to which Mayor Bush stated, "We have Consensus on that." On the discussion of balconies, Deputy Mayor Blake asked, "How deep are those?" Mr. Travis stated, "Those are six feet (6')." Deputy Mayor Blake then asked, "And the free standing up door one, that is right there?" Mr. Travis responded, "That is actually an entry canopy to the residential lobby. Those are windows that actually go into that residential lobby on the upper floors." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 12, 2005 PAGE 22 OF 44 Manager McLemore stated, "Variances on the side street - and what is that Variance?" Mr. Travis noted, "I don't think we have any on the side Elevation, this is the one that is not facing Building 3. This is the one that is the furthest away from the Town Center - this is the opposite end of the building that's facing Building 3 - you have no balconies there, so to clarify, it would just be the balconies on the rear of the building, facing the parking lot." Discussion. Commissioner Miller stated, "You said there were no balconies on the side. There actually is one, right there, that doesn't appear to exceed the building line." Mr. Travis remarked, "You're correct." Commissioner Miller added, "But that is - a two (2) footer?" Mr. Travis commented, "Yes, that's correct." Commissioner Miller noted, "I think it only appears on the second level." Mr. Travis stated, "I believe that's correct." In further discussing balconies, Mr. Travis said to Commissioner Miller, "This is Main Street. That's the corner - that is on the front, but we're going to have the canopy." Commissioner Gilmore asked, "Are these structures all wood framed?" Mr. Travis noted, "All of the housing would be wood framed, the elevated level above the retail will be a post tension concrete slab, so basically it's like an elevated foundation." Commissioner Gilmore clarified, "Post tension concrete for the second floor slab..." Mr. Travis remarked, ".. . Yes." Mayor Bush asked, "Is the Commission satisfied with these two foot (2') balconies?" Commissioner Krebs stated, "Yes." Mayor Bush noted, "Commissioner McGinnis is in favor." Commissioner Gilmore commented, "I don't think they are very useful, utilitarian, but let them go with it." Deputy Mayor Blake stated, "I am fine." Commissioner Miller stated, "My basic position is they ought to be four (4) or six feet (6'). Commissioner Miller further stated, "I would support four feet (4'), that was my minimum. " Commissioner Krebs stated, "Previously I said, I thought we were going to do four feet (4') or six feet (6'), but I would prefer four feet (4') - I actually prefer six feet (6'), but four feet (4') I would go with." Commissioner Krebs added, "I would rather see four feet (4') if that is the minimum." Mayor Bush noted, "On Main Street, I would rather see six feet (6')." Furthermore, Commissioner McGinnis commented, "I will go with four (4)." Deputy Mayor Blake noted, "If you can make it happen with four (4) and four (4) is enough to actually enough to let somebody spend some time other than walking out to see who is driving down the road, I think a four foot (4') balcony would be nice." Mr. Travis asked, "Are we talking about the second floor balconies or are we talking about all balconies?" Commissioner Krebs said, "All." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 12, 2005 PAGE 23 OF 44 Discussion ensued on what was noted in the Code regarding balconies; to which Commissioner Krebs further stated, "Instead of the Juliette, I like the four (4'). I think they need that." Mayor Bush asked Commissioner Gilmore about his preference. Commissioner Gilmore stated, "Let's go for it." Mayor Bush explained, "The Consensus is for four foot (4') balconies." Mr. Travis asked, "Is this four feet (4') throughout? Four feet (4') on the second floor only?" Deputy Mayor Blake explained, "Four feet (4') in those areas that are not already six feet (6')." Commissioner Krebs noted, "That is exactly right." Next, Mr. Travis said to the City Commission, "So you are saying no Juliette balconies throughout any development, because this will affect our Phase 2?" Commissioner Miller said, "We are talking about this particular building right now. I think when you come to us next time, you bring it up again and maybe we will take a look at that." Mr. Tullos stated, "We need to vary the building, we need to vary the units. Some will have certain amenities, some will not. They will all have wonderful finishes on the inside - granite countertops, forty-two inch (42") cabinets, ceramic tiles in the wet areas, all of the finishes on the inside; crown moldings in the formal areas, so we want to have variance. " Commissioner Miller spoke for the Record about information coming to the City Commission. Furthermore, Commissioner Miller remarked, "I would very much in the future like to see four feet (4'), and if it means that you have to recess the wall back, the little indentation in the wall that goes into the living room so you have less space inside as a trade-off - those type of things, because I think balconies in many respects, especially on Main Street. . ." Further discussion. Tape 4/Side A Discussion. "I WILL MAKE A MOTION THAT OUR MINIMUM WHERE LIVING SPACE- A MINIMUM OF FOUR FEET (4') FOR BALCONIES." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER MILLER. COMMISSIONER KREBS ADDED, "WHERE THERE IS LIVING SPACE, AND WE ARE PUTTING A BALCONY, IT SHOULD BE A MINIMUM OF FOUR FEET (4')." DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 12, 2005 PAGE 24 OF 44 MR. TRAVIS SAID, "I THINK WE CAN GO BACK AND ADJUST SOME OF THE BALCONIES." FURTHERMORE, MR. TRAVIS REMARKED, "WE'LL CERTAINLY GO BACK AND LOOK AT THE UNITS OR POINTS ABOUT MAIN STREET BEING THE MOST MARKETABLE PARTS OF THE BUILDING. I THINK THAT IS A VALID POINT. I THINK YOUR POINT ABOUT LIVING OUTSIDE IS ALSO EQUALLY A VALID POINT. WE WILL BE MORE THAN HAPPY TO GO BACK AND PROVIDE THESE CROSS SECTIONS AS I WAS REQUESTED TO DO ON SOME OF THE TEN FOOT (10') CANOPY HEIGHTS. WE'LL SHOW YOU WHAT IT LOOKS LIKE TO LOOK AT A BALCONY THAT'S EXTENDING OUT FOUR FEET (4') OR SIX FEET (6')." MANAGER McLEMORE ASKED, "CAN YOU BE READY FOR THE NEXT MEETING?" COMMISSIONER KREBS SAID, "THE 26TH [SEPTEMBER 2005]. " VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: NAY COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: NAY MOTION CARRIED. "MOTION TO EXTEND - AN HOUR." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. Mayor Bush said, "What can Management do to help the Commission not have to slug through this so painfully?" Mayor Bush then asked Manager McLemore, "Can we have the City's Architect - look at these things and make some recommendations, so that the Commission would have some architectural input from someone besides the Developer?" Manager McLemore said, "Victor Dover, who is supposed to be the expert here, and we should lean upon him for this type of advice." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 12, 2005 PAGE 25 OF 44 Mayor Bush said to the City Commission, "Would it be helpful if Victor Dover on these kind of issues had a written recommendation or evaluation of which you could look at, would that help you make a decision or not?" Commissioner McGinnis stated, "Yes, it has helped in the past." Commissioner Gilmore said, "This Commission is looking at this from the utility standpoint and you are looking at it from an architectural standpoint." Discussion. "I WOULD LIKE TO MAKE A MOTION TO SEE IF WE CAN'T OVERRULE OR OVERRIDE THE MOTION WE MADE EARLIER. I WOULD LIKE TO SEE A PRESENTATION COME BACK THAT HAS A COMBINATION OF TWO (2), FOUR (4), AND SIX FOOT (6') BALCONIES." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. COMMISSIONER MILLER ADDED, "I MAKE A MOTION THAT WE RESCIND OUR EARLIER MOTION." MOTION BY COMMISSIONER MILLER. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER McGINNIS." DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. "I NOW MAKE A MOTION THAT WE ASK THE DEVELOPER TO BRING BACK IN THE FUTURE ALL OF THESE THAT SHOW A COMBINATION OF TWO (2), FOUR (4), AND SIX FOOT (6') BALCONIES." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 12, 2005 PAGE 26 OF 44 Manager McLemore said, "My question to you is to - both parties here, do they need to come back for this review again or can they go ahead with this direction from you and go to their final drawings?" Commissioner McGinnis stated, "Yes." Commissioner Krebs remarked, "Yes, and a blessing from Victor Dover." Manager McLemore said, "Right." No objections were voiced. Mayor Bush pointed out, "So, you do not need to come back for Aesthetic Review - on the Balcony issue." Mr. Tullos commented that "We said we would do ten (10), I didn't think we had a disparity in the elevation." Manager McLemore stated, "Okay - they're giving you the option to bring it back if you want to, with those elevations." Mayor Bush remarked, "So with that caveat, it has passed the Aesthetic Review. Commissioners, you would agree?" No objections were noted. 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. PUBLIC HEARINGS 411. Community Development Department - Planning Division Requests That The Commission Hold A Public Hearing For The Conceptual Review Of The JDC Town Center Building 17. This Agenda Item was presented for discussion by Mr. Baker. Commissioner Gilmore remarked, "We have no Site Plans; nothing was handed to us. I don't know how many times we have asked for a Site Plan of the entire Town Center." Commissioner Gilmore added, "I don't even think we should be looking at this building without all of the information available to us ahead of time, rather than sitting here and doing this on a map that is up here on the wall or a drawing. It means nothing to me. I look at this and I don't see where this is in relation to Tuskawilla Road, Lake Jesup, [State Road] 434 or anything else." Commissioner Gilmore added, "We go through this every time and it makes life difficult for us and we have talked about it, and we are back doing the same thing again, tonight. We need this stuff to study it." Commissioner Gilmore then noted, "Where is the parking? I didn't see anything in here." All I see is that drawing and a floor plan - we should be getting more information." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 12, 2005 PAGE 27 OF 44 Deputy Mayor Blake asked, "There is nothing above those planters?" Mr. Travis stated, "There is nothing above the planters." Furthermore, Mr. Travis said, "To go back to talk about variation of balconies - this is the balcony that will extend out so you have that on the first floor. You will have an uncovered balcony area on the second floor and then as you go up in the building, it becomes less in dimension. There is a large balcony on that corner; there is a different variation of balcony on that corner; and as you will see on the second floor of this balcony, it actually has an inset balcony and then the corner within the same unit has that Juliette balcony. So you actually get two (2) balconies within that one (1) unit." Discussion. Parking was discussed next, to which Mr. Brian Fields, P.E., City Engineer, Public Works Department stated, "At this time, we still don't feel very confident that there is adequate parking, even under the shared concept to serve both buildings 17 and 4, at least in terms of residential components." Mayor Bush said, "If Staff doesn't think it is enough, I guarantee you the Commission won't think it is enough. Staff, have you told them that - there is no way it is going to fly?" Mr. Tullos stated, "They have not told us there's no way it is going to fly." Manager McLemore suggested to the City Commission, "Give them your comments so that when they come back with a - final Conceptual review in this case, they can incorporate those comments and move this thing along." Commissioner Gilmore said, "When you come back, I have questions as to how this residential unit fits in to the - concept of the Town Center; what it does in terms of commercial space versus residential space." Tape 4/Side B Furthermore, Commissioner Gilmore said, "When we come back that we have the full Conceptual Town Center drawings showing both housing, commercial space and all of that. " Discussion. 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 - SEPTEMBER 12, 2005 PAGE 28 OF 44 Commissioner Miller suggested, "I think the City Manager, if we can get a Consensus - he needs to bring back this information that he has mentioned four (4) or five (5) times now - Charette, Charette, Charette. I keep hearing it; and it is in the Town Plan and you can go in and look at it. The criticism I have of that document right now is that it is obsolete, and I would like to see an upgraded one and - developed maybe by Victor Dover or somebody that actually shows the development on all four (4) corners of Tuskawilla - [Road] and [State Road] 434." Commissioner Gilmore added, "The whole Town Center should be on one (1) disc." Mayor Bush asked the City Commission, "Commissioner Miller has asked for a Consensus on this which is providing a more comprehensive view?" Commissioner McGinnis said, "That is fine." Commissioner Krebs remarked, "Yes." With no objections, Mayor Bush said to Manager McLemore, "Can we do that Mr. McLemore?" Manager McLemore responded, "That is not a problem." Commissioner McGinnis noted, "We call this our Town Center. We should always say Phase 1. There should be a sign out there - Winter Springs Town Center Phase I." Commissioner McGinnis added, "Maybe we need to put a Phase 1 sign out there; or now it is going to be Phase 2." Manager McLemore stated, "As far as showing you the street layout, and then what has been approved, how that should fit on that layout, we can do all that, that is not the problem. That's easy . We can do all of that. We just can't tell you what the buildings are going to look like, nor what the uses are going to be in them." Commissioner Krebs remarked, "My comment - going by Staff recommendations and wanting our comments, what I would be looking at would be the parking - and the shared space and what - commercial properties we would be sharing space with. My concern is parking." "MOTION TO EXTEND - AN HOUR." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BLAKE: AYE MOTION CARRIED. Manager McLemore said, "They have heard your basic comment on the buildings, on the parking challenge in front of them and I think these other issues you were saying incorporate into a Final Site Plan." Mayor Bush said, "Commissioners, do you agree with the Manager's analysis? Everybody in agreement with that? Can we have a Motion to agree?" CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 12, 2005 PAGE 29 OF 44 MOTION. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. Brief discussion. .:..:. AGENDA NOTE: THE FOLLOWING PUBLIC HEARINGS AGENDA ITEMS WERE DISCUSSED NEXT, IN THE ORDER AS DOCUMENTED. .:. .:. PUBLIC HEARINGS PUBLIC HEARINGS 414. Office Of The City Attorney ADD-ON Requests The Commission Consider And Adopt Ordinance 2005-28 On Second And Final Reading, Which Proposes To Adopt A New Ten (10) Year Cable Franchise Agreement With Bright House Networks, LLC. Attorney Garganese read the Ordinance by "Title" only. Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. "MOTION TO APPROVE." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION VOTE: DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 12, 2005 PAGE 30 OF 44 PUBLIC HEARINGS 412. Community Development Department Presents To The Commission, The Second Reading Of Ordinance Number 2005-27, Which Will Vacate And Abandon The West 5 Foot Wide Portion Of A 50 Foot Wide Drainage And Utility Easement, Located Adjacent To And Across The East Side Of Lot 180, Oak Forest, Unit II-B (Plat Book 26, Pages 85 And 86). Attorney Garganese read the Ordinance by "Title" only. Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. "MOTION TO APPROVE [ITEM '412' - ORDINANCE NUMBER 2005-27]." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION VOTE: COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. PUBLIC HEARINGS 413. Community Development Department - Planning Division Requests That The Commission Hold A Public Hearing For The Aesthetic Review Of The JDC Town Center Building 16. The Request Includes Approval Of The Trellis At The North End Of The Building, Along With Other Minor Modifications. 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. Baker briefly addressed the City Commission on this Agenda Item and stated, "I would note that on west side - this is not a real door - there is not a problem with the distance, the fifty foot (50') separation, but just note that that's not a real door, that's there just for show." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 12, 2005 PAGE 31 OF 44 Mr. Stevenson said, "The only outstanding issue was the trellis - on the western end of building." Mr. Stevenson added, "The only other thing that we need you to consider tonight on this building is the trellis structure, and the modifications to the columns that they have made at the north end of the building. Those were made at Staff's request." Mr. Rick Max ian, Project Coordinator, Randall Paulson Architects, 85-A Mill Street, Suite 200, Roswell, Georgia: noted that regarding the Trellis, "This would all be out of wood. It would be a wood structure with some lights, some vines growing up into it. The base would be a stone base coming across here and the patio floor in here would be brick pavers also." Discussion. 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 WOULD LIKE TO MAKE A MOTION THAT WE APPROVE ITEM '413'." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. "I WOULD LIKE TO AMEND THE MOTION THAT WE - ALSO HAVE THEM EXTEND THAT TRELLIS AROUND - OR BRING BACK AN ARTISTIC VERSION OF EXTENDING IT AROUND THE SIDE OF THE BUILDING THERE." AMENDMENT TO THE MOTION BY COMMISSIONER MILLER. MOTION DIED FOR LACK OF A SECOND. MANAGER McLEMORE STATED, "I AM CONCERNED ABOUT THE LONG TERM STABILITY OF THE WOOD STRUCTURE IN QUESTION; IF IT WOULDN'T BE BETTER IF IT WERE A METAL FRAMED TRELLIS, RATHER WOOD FRAMED." MR. MAXI AN STATED, "THE METAL FRAME WILL GIVE YOU MORE OF AN INDUSTRIAL TYPE LOOK OUT THERE." MAYOR BUSH NOTED, "THE COMMISSION NEVER DISCUSSED THAT SO IT IS NOT PART OF THE MOTION." VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: NAY DEPUTY MAYOR BLAKE: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 12, 2005 PAGE 32 OF 44 .:..:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEMS WERE DISCUSSED NEXT, IN THE ORDER AS DOCUMENTED, FOLLOWED BY THE REST OF THE AGENDA. .:..:. REGULAR AGENDA REGULAR 500. Not Used. REGULAR 501. Community Development Department Requests The City Commission Consider And Comment On A Conceptual Development Plan For A 152 Unit Condominium Development To Be Known As Villagran de At Town Center. The Project Is Located On 4.78 Acres, On The North Side Of S.R. (State Road) 434, Just East Of Winter Springs City Hall And West Of Doran Drive. Mr. Stevenson introduced this Agenda Item. Discussion. Mr. Salvador Lecesse, President, Lecesse Development, 650 South Northlake Drive, Suite 450, Altamonte Springs, Florida: addressed the City Commission on this Agenda Item. Tape 5/Side A Mr. Lecesse stated, "What's gated here, what we responded to after our first Site Plans, our original Site Plans actually had our entrance right here, and - there were objections to that. We talked to Victor Dover. We actually moved our entrance, for a marketing standpoint, not a good place, but after they're sold, it's not a bad place for the residents to have access. The vehicular access is back here. And, this is what's gated. And, that's to provide privacy and restrict access to this parking so that our residents have sufficient parking which they're paying for. There is parking underneath the buildings. Most of the buildings have sufficient parking to park one (1) car for each unit under the building, the six (6) story building does not. And, additional parking on the site. We have a total of 1.88 cars parking per unit on the site without the perimeter parking. With the perimeter parking we are over two (2). The guidelines are 1.75. So we exceed the guidelines. " Continuing, Mr. Lacesse explained, "We have met all the parking requirements on site. Rather than have a big parking garage stacked in the middle of the place, we've got more, we've got open space in the middle. Now, this is parking in this area, but we've got a fountain here and we will be using decorative pavers - to provide access sidewalks between the buildings, in between the units here. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 12, 2005 PAGE 33 OF 44 So, we will be breaking it up to try to and make it as aesthetically pleasing as you can make a parking area. But, we've blocked this parking from the streetscape; and you don't see a big parking lot from the streetscape. We had three (3) or four (4) renditions of this Site Plan, went through them - with the Staff. Then we went down to sort of a Workshop Meeting which - Ron (McLemore) was present at, with Victor Dover and his Associate - James Dougherty who is his Associate in charge. And they came back with recommendations not only on the Site Plan, which we have incorporated, but also on the building elevations - I will call them lanais, and we've incorporated them - into the plan as you'll see." Furthermore, Mr. Lacesse stated, "You can see there are a variety of balconies on the building. I will say that when I got here tonight, I thought our Juliette balconies were two feet (2'). Our Juliette balconies on our Woodbury property, which is a 500 unit property with retail, are 1 foot (1'). And if you go back to what the origin of Juliette balconies and you go back to Verona, Italy, that's what a Juliette balcony is." Mr. Lacesse further spoke on Codes related to balcony sizes. Additionally regarding parking, Mr. Lacesse pointed out, "We are sure that we have one and a half to one (1 ~ to 1) for our one (1) bedrooms, and two to one (2 to 1) for our two (2) bedroom. By the way, our one (1) bedroom starts at 1,200 square feet - the average unit in size here is 1,500 square feet. Our two (2) bedrooms are around 1,600." Mr. Lacesse then explained, "Our target market is empty nesters, that's what we're targeting. For instance, everyone of these units has a bath and a half - everyone of these has a powder room. Everyone has interior storage. We're aiming at a little higher market level than the previous project that was presented." Additionally, Mr. Lacesse stated, "Our pricing, we are going to try and start in that one hundred and seventy-five thousand dollars ($175,000.00) for the least expensive one (1) bedroom and it will go up. We had a complete market study done and they have suggested for us, we are a little bigger you have to understand, so the real number will get bigger - probably one hundred and eighty dollars ($180.00) a square foot is our target market right now. But, it's a hundred and eighty [dollars] ($180.00) times 1,500." Mr. Lacesse added, "We've got our variety in building height. We've got variety in product. We've got adequate parking. We've got visual access into the site." Mr. Lacesse then explained, "Here - there's some fencing here, there is a pedestrian gate here and you can see into the pool area here, but here we're going to have a little awning that is going to extend out over the sidewalk, and this is actually a little fountain sculpture that will be on the side of this wall." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 12, 2005 PAGE 34 OF 44 Additionally, Mr. Lacesse noted, "We're providing a variety of these peek-a-boos into the interior of the site." This is the interior courtyard in the rear of the community building; in the middle of the parking area to provide some usable open space that is visually attractive, on the interior of the site also." On the issue of color, Mr. Lacesse explained, "The colors are preliminary - we use a Color Consultant from Denver on all our buildings; and these are preliminary colors for our presentation here. They aren't set in stone." Furthermore, Mr. Lecesse said, "Now, there will be pedestrian gates there. Most likely, we'll be able to lock those at night. And, that will be up to the Condominium Association. If they feel they want them locked at night, they'll lock them at night. During the day they'll have them open. If they're locked, we build them with key fobs so that residents will be able to get in and out in the evening with just a key fob on their key chain. " Discussion ensued on Cupolas. Mr. Lacesse noted, "One of the things that we did that Victor Dover recommended was that we raise the elevation of the second floor level, here, to give us a better streetscape, that's ten feet (10') from here - that was to give us a more urban feel of the building." Continuing, Mr. Lacesse remarked, "As you're walking down the street, past these buildings, was what we were trying to do and what we worked with Victor Dover - was to try and create an urban feel. There are access points in the building, into the buildings along the street also, in addition to the pedestrian accesses. You will be able to access the building from the street." Mr. Donald H Lang, AlA, President, Lang Architectural Group, 398 West Camino Gardens Boulevard, Suite 1 08, Boca Raton, Florida: addressed the City Commission and stated, "There's two (2) lobbies. There's a street lobby - there's two (2) breezeways in the building and each building will have two (2) entrances on the street." Discussion. Commissioner McGinnis stated, "You'll have the fence - it's a gate fence - right?" Mr. Lacesse stated, "Yes, there's a decorative-like wrought iron fence along here and it will have gates in it..." Commissioner McGinnis stated, "..And, heavily landscaped?" Mr. Lacesse responded, "Sure, yes." Commissioner McGinnis asked, "And, the access points, they're going to be open?" Mr. Lacesse stated, "Three (3) yes. During the day. They may be closed at night for security purposes." Commissioner McGinnis then inquired, "Assuming that you have the wrought iron fence all around there, how can you have an access to the building from the street?" Mr. Lacesse stated, "There would be an access to the building also and it would be a gate, that would be private access. In other words, you can't get into the building without a key or key fob." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 12, 2005 PAGE 35 OF 44 Mr. Lang stated, "The fence is in between the building and not in front of the buildings. The buildings actually front the street. There's a set of steps that you can go up right from the sidewalk that's on the street and then to a vestibule with glass doors that is very connected to the street." Mr. Lacesse added, "Now on the other side of the building, on the parking lot side, that will be a grade for handicap access." Commissioner McGinnis stated, "Are there onsite sales?" Mr. Lacesse remarked, "Well, there's going to be outside sales until we're sold out." Furthermore, Commissioner McGinnis said, "I don't know how I'd feel about six (6) stories. We were looking at five (5)." Manager McLemore stated, "Well, you can go with the Winter Park downtown and see them." Mr. Lacesse commented, "Where the new Bank is, it's about the same height. " Mr. Lang stated, "We are eight feet (8') - I believe the height number that Ron [McLemore] and I discussed was fifty-five (55)..." Manager McLemore stated, "...Fifty-five (55)." "And we are sixty-three feet (63') to the eaves. So, we're just about eight feet (8') above that limit", stated Mr. Lang. Commissioner Gilmore, "What are you to the top of the roof?" Mr. Lang stated, "The top of the gable, I believe, is seventy-five." Mr. Lacesse added, "...Ifyou went up here, it's probably another ten, twelve feet (10, 12'). This is just decorative. This is a flat roof here. " Commissioner Gilmore stated, "The overall height of the project is what?" Mr. Lacesse replied, "It's probably around seventy-three, seventy-four feet (73,74') to the top of the gable..." Mr. Lang noted, "...Seventy-five, seventy-six (75,76) to the top of the gable." Mr. Lacesse continued, "Traditionally they measure the building height from the eave to the ground." Manager McLemore stated, "The Code measures it to the eave. Fifty-five feet (55') to the eave. So, they are asking for an eight foot (8') Variance." Commissioner Gilmore said, "Is there any greenery within the project?" Mr. Lacesse said, "Sure. Well, we haven't developed a complete Landscape Plan - this is just Conceptual." Continuing, Mr. Lacesse stated, "This is just Conceptual, but we'll have a complete Landscape Plan developed for the site and there will be - major trees where we can put them and then ground plantings where we can. We spend a lot of money on landscaping on our properties. It is very important to us and it's a very small part of our overall budget at a property like this because we have high density - it's only five (5) acres we've got to landscape. So, we'll be putting some serious money into landscaping. But, when we come back for our Final Approval, we'll have that Landscape Plan." Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 12, 2005 PAGE 36 OF 44 Commissioner McGinnis said, "About how long will it take to complete a project this size?" Mr. Lacesse commented, "Assuming it's received well, we would hope that, if I can do the construction from start to finish, I could build this in twelve to fourteen (12- 14) months. I don't think we'll be able go - start to finish. We're going to have to do them, the buildings in increments as they sell, okay? So, I would guess - I'd be disappointed if it were longer than two (2) years from start to finish." Manager McLemore stated, "When would you actually be under construction?" Mr. Lacesse stated, "As soon as we can get approvals. We'll be in the ground you know, thirty to sixty (30-60) days after we get our final approvals and get a Building Permit." Manager McLemore asked, "How far out do you see that?" Mr. Lacesse replied, "I think our time line right now that we've worked out tentatively shows it to be around February. " Commissioner Gilmore asked, "What is our density allowed here?" Gilmore stated, "Thirty-six..." Manager McLemore said, "... Units." Gilmore clarified, "Thirty-six per acre." Commissioner Commissioner "MOTION TO ACCEPT THE CONCEPT PLAN." COMMISSIONER McGINNIS. MOTION DIED FOR LACK OF A SECOND. MOTION BY Mr. Stevenson stated, "What they are looking for again, is your comments again on the Conceptual Plan, your thought on the height, since we have yet to get back with you with a modification to the Town Center Code, which is what we had discussed. Making that match the Comp [Comprehensive] Plan which instead of having a fifty-five foot (55') height limitation would be a six (6) story limitation. That is coming your way in the near future. But they would be looking for some type of indication as to how you felt about the height and how you feel about the Concept Plan in general so they can move forward to their Preliminary and Final Engineering and get that before Staff Review and then Staff can get that back to you." Manager McLemore stated, "The Variance on the height can be done by a Development Agreement." Discussion ensued on height, to which Mr. Stevenson stated, "To the overall height of the building, in other words, to the top of every piece of architecture is about seventy-five foot (75'). And that would be, should the Commission so direct, that would be part of a Development Agreement." Discussion. Commissioner Miller said, "I hope we see a lot more with the parking is going to be under the building. All the other buildings that we had that were put to us by Victor Dover, eight (8), five (5) years ago, six (6) years ago, showed external buildings with the whole interior courtyard parking." Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 12, 2005 PAGE 37 OF 44 Commissioner McGinnis stated, "I must say 'Villa Grande' is a bit out there." Commissioner Krebs added, "I don't like the name." "MOTION THAT WE APPROVE SIX (6) FLOORS FOR THIIS PROJECT." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER McGINNIS. COMMISSIONER MILLER ADDED, "MOTION THAT WE APPROVE ONE (1) BUILDING OF SIX (6) FLOORS - AS PRESENTED." DISCUSSION. VOTE: COMMISSIONER GILMORE: NAY COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: NAY MOTION CARRIED. Brief discussion ensued on parking. "I MOVE THAT WE ACCEPT THEIR PARKING AT 1.88, AS BEING ADEQUATE." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER MILLER. DISCUSSION. COMMISSIONER GILMORE ASKED, "HOW MANY TWO (2) BEDROOM UNITS DO YOU HAVE IN THERE?" MR. LACESSE REPLIED, "THIRTY- EIGHT (38) ONE (1) BEDROOM - 1 AND A HALF (1~) BATH WITH A DEN OR A BALCONY, ONE OR THE OTHER; AND THE REST ARE TWO (2) BEDROOM, TWO (2) BATH." MR. LACESSE ADDED, "114." CONTINUING, COMMISSIONER GILMORE NOTED, "YOU HAVE 285 SPACES INTERNAL." COMMISSIONER GILMORE THEN ASKED, "HOW MUCH GUEST PARKING DO YOU HAVE?" MR. LACESSE STATED, "WE HAVE 285 SPACES THAT WE'VE PROVIDED ON SITE. HOW MUCH IS GUEST PARKING? DEPENDS ON HOW MANY PEOPLE HAVE TWO (2) CARS, AND HOW MANY HAVE ONE (1) CAR." FURTHER DISCUSSION. MR. STEVENSON EXPLAINED, "114 TWO BEDROOM UNITS AT TWO (2) SPACES IS 228. THEY HAVE THIRTY-EIGHT (38) ONE (1) BEDROOM UNITS AT ONE AND HALF (1~) SPACES, THAT IS FIFTY-SEVEN (57); SO THAT COMES UP TO A TOTAL OF 285 INTERNAL SPACES WHICH IS WHAT THEY HAVE." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 12, 2005 PAGE 38 OF 44 VOTE: DEPUTY MAYOR BLAKE: NAY COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: NAY COMMISSIONER GILMORE: NAY MOTION DID NOT CARRY. Deputy Mayor Blake stated, "My problem with this Concept is that it is in the Town Center, but not a part of the Town Center. It is the exact same objection I brought up before, last time this project came in before us." Deputy Mayor Blake added, "I like the Concept, but for the fact it's basically a walled in sanctuary right in the center of our Town Center, right next to City Hall, right up on [State Road] 434 is what everybody will see, and it is walled in. It won't be a community place. It will be a place the community will have to see, but not visit unless they live there." Tape 5/Side B Ms. Juanita Blumberg, 141 Doran Boulevard, Winter Springs, Florida: as the seller of this property stated, "You almost had to wall in it to meet the City Code because they wanted everything facing right out there by the street. They moved all the buildings around a couple of times, because they had too much space between them, which would have opened it up. They want that urban look at the sidewalk." Discussion ensued on "Walls", "Building Locations" and "Perimeters", to which Deputy Mayor Blake stated, "We will have to look at the Site Plan." Manager McLemore noted, "I think your concern is correct, I think the application is wrong." Manager McLemore then presented slides showing Town Centers. Discussion. Mr. Lacesse stated, "We're here for guidance on our Concept Plan and we exceeded the guidelines for parking with 1.88 versus 1.75. And, if that's not acceptable, I guess what we're looking for is guidance on our Concept Plan on what would be acceptable to you in parking." Discussion ensued on parking criteria and requirements. Commissioner Miller stated, "If this project is going to come back in two (2) weeks so that we can provide some clearer guidance on this parking issue, I would very much like to see that happen." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 12, 2005 PAGE 39 OF 44 "I MAKE A MOTION TO ACCEPT THE - PARKING AS IT IS - AS HAS BEEN EXPLAINED TO THE 1.88." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. COMMISSIONER GILMORE STATED, "THIS DEVELOPMENT RIGHT HERE, THIS PROJECT DOES NOT REFLECT IN ONE BIT TO THE SLIDES WE SAW. WE SAW STOREFRONTS, WE SAW BUILDINGS OVER THE TOP." COMMSSIONER GILMORE ADDED, "THERE ISN'T ANYBODY AROUND HERE THAT'S LOOKING AT THAT PROJECT AS WHAT DOWNTOWN WINTER SPRINGS IS." FURTHERMORE, COMMISSIONER GILMORE NOTED, "I ALSO HAVE RESERVATIONS ABOUT HOOK AND LADDER TRUCKS GETTING IN THERE." COMMISSIONER McGINNIS REMARKED, "THE FIRE CHIEF DID COMMENT ON THAT AND IT DID PASS ALL THE REQUIREMENTS." VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: NAY COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: NAY MOTION CARRIED. REGULAR 505. Office Of The City Clerk Respectfully Requests That Mayor John F. Bush Make An Appointment To The Beautification Of Winter Springs Board. Mayor Bush said, "Larry Chmura - I would like to recommend him to the Commission for appointment to the BOWS (Beautification of Winter Springs Board) Board." "I MAKE THE MOTION." MAYOR BUSH SAID, "COMMISSIONER GILMORE HAS MADE THE MOTION TO APPOINT LARRY [CHMURA]. SECONDED BY COMMISSIONER MILLER." DISCUSSION VOTE: COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 12, 2005 PAGE 40 OF 44 REGULAR 502. Community Development Department Requests That The Commission Approve The Atcher Final Subdivision Plat, And Authorize Its Recordation. Mr. Baker briefly introduced this Agenda Item. "MOTION TO APPROVE." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. Commissioner Miller said, "I would like you to get the DEP [Department of Environmental Protection] Survey and - provide it to me please." VOTE: DEPUTY MAYOR BLAKE: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. REGULAR 503. Information Services Department Wishes To Present To The Commission The Consultants Report On "Communications Issues" With Respect To The City Communicating Effectively With Its Citizens And Elected Officials And Requests Further Direction From The Commission On How It Wishes To Proceed With The Consultant's Recommendations. As stated earlier in the Meeting, this Agenda Item was pulled. REGULAR 504. Not Used. REPORTS REPORTS 600. Office Of The City Attorney - Anthony A. Garganese, Esquire No Report. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 12, 2005 PAGE 41 OF 44 REPORTS 601. Office Of The City Manager - Ronald W. McLemore School Concurrency was discussed. REPORTS 602. Office Of The City Clerk - Andrea Lorenzo-Luaces, CMC No Report. REPORTS 603. Office Of The Mayor - John F. Bush A. Transportation Issues Mayor Bush spoke of the Internal Revenue Service's increased mileage rate to which Deputy Mayor Blake said, "We mirrored the IRS [Internal Revenue Service]." Mayor Bush then said, "This would then kick in effective September 1 st." Mayor Bush said to Manager McLemore, "You are aware of that?" In other City business, Mayor Bush noted, "I attended a meeting last Friday with the Mayors from the Tri-County area and the County's, and we are coordinating a - County- wide effort to secure food for our local charities especially the Salvation Army in Sanford, which is basically out of food." Mayor Bush added, "Tim Lallathin [Fire Chief] will be our contact. person." REPORTS 604. Commission Seat Two/Deputy Mayor - Michael S. Blake Deputy Mayor Blake asked Manager McLemore about the General Services Director - "I believe you said that you had someone on the line and that position should have been filled a couple of months ago?" Manager McLemore stated, "No, not exactly. I said I would try to fill it within I think thirty (30) days of our discussion." Manager McLemore added, "I do have my person in mind." Manager McLemore added, "I can explain that to you after." Secondly, Deputy Mayor Blake said "The second thing is related to that - with Tim Lallathin. So you can get back to me on that too." Manager McLemore said, "Okay." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 12, 2005 PAGE 42 OF 44 REPORTS 605. Commission Seat Three - Donald A. Gilmore Commissioner Gilmore asked, "If our Police or Fire Departments are going to be getting any calls from over in the New Orleans area to supply relief help, and if they are, what is our reaction going to be to that?" Discussion ensued with Chief Kerr. Tape 6/Side A Manager McLemore said, "I don't know anything from Fire, but I will check into that for you. " Discussion. Mayor Bush added, "The County is working, I guess through their organization to identify a County in Mississippi that Seminole County would 'Adopt' and what we would like to do is within this County, each City - in Seminole County - would adopt a City in that County in Mississippi." Commissioner Gilmore stated, "It is emergency help for the hurricane via whatever it is - as far as I am concerned, we need to help those people and if we have those capabilities and can afford to let them loose for a while, we should do that." Brief discussion ensued on letting a needy family evacuated from Hurricane Katrina live in the City's town home, for a period of time to be determined. REPORTS 606. Commission Seat Four - Sally McGinnis "I WOULD LIKE TO MAKE A MOTION THAT WE EMPOWER THE POLICE CHIEF TO WORK WITH THE CITY MANAGER TO - PARTICIPATE IN WHATEVER THE COUNTY EFFORT IS - TO WORK WITH THE HURRICANE STATES." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. Manager McLemore added, "That town home idea is a good idea." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 12, 2005 PAGE 43 OF 44 REPORTS 607. Commission Seat Five - Joanne M. Krebs Commissioner Krebs asked further about the town home idea. Commissioner McGinnis stated, "Let's look into it." Manager McLemore stated, "There is one unit left for us to sell, and we are doing work on it now and it will be ready relatively soon." Furthermore, Manager McLemore noted, "I think within a reasonable time we could have that unit ready to go if - you were willing to do that, where we could make it available to a family for a period of time, all you need to do is tell me ' Yes' ." Commissioner McGinnis stated, "Yes." Mayor Bush remarked, "I think the Red Cross works with relocation." "I MOVE THAT WE EMPOWER THE CITY MANAGER TO MAKE THE NECESSARY ARRANGEMENTS THAT WE COULD USE THE LAST REMAINING HOUSE - UP TO A YEAR, FOR A HURRICANE RELOCATION FAMILY." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. DEPUTY MAYOR BLAKE ASKED, "WHAT ALL DOES THAT INCLUDE?" COMMISSIONER McGINNIS RESPONDED, "WHATEVER. WE HAVE EMPOWERED HIM TO FIND OUT AND DEAL WITH IT." DEPUTY MAYOR BLAKE ADDED, "WHAT ABOUT UTILITIES, WATER/SEWER, ELECTRIC, PHONE?" MANAGER McLEMORE SUGGESTED, "A THOUSAND DOLLARS ($1,000.00) WORTH MAYBE OF STUFF TO PUT IN THERE." DEPUTY MAYOR BLAKE THEN SAID, "IF WE GIVE THEM THE USE OF THE PROPERTY FOR A YEAR, ARE WE INCLUDING WATER, AND SEWER, AND ELECTRIC? THESE ARE GENERAL FUND EXPENDITURES, EACH OF THOSE AND IF SO, THAT IS FINE, BUT WE NEED TO DEFINE IT SOMEWHERE." COMMISSIONER McGINNIS COMMENTED, "I AM WILLING TO SAY FOR A PERIOD OF A YEAR WE DO THAT, BUT THEN WE WOULD WORK WITH THE F AMIL Y UNTIL THEY HAVE A JOB AND ARE ON THEIR FEET; AND THAT DETERMINATION COULD BE MADE. I AM WILLING TO LEAVE THAT UP TO THE CITY MANAGER." COMMISSIONER MILLER SUGGESTED, "COULD WE GET THIS BROUGHT BACK IN TWO (2) WEEKS?" COMMISSIONER McGINNIS SAID, "YES." MAYOR BUSH NOTED, "BRING IT BACK." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 12, 2005 PAGE 44 OF 44 COMMISSIONER GILMORE STATED, "WITHDRAW THE MOTION." COMMISSIONER McGINNIS ALSO STATED, "WITHDRAW THE MOTION." Mayor Bush remarked, "We will wait then for the Manager." REPORTS 608. Commission Seat One - Robert S. Miller Commissioner Miller commented on MacKinley's Mill wanting to annex into the City of Winter Springs. Secondly, Commissioner Miller mentioned property in Seminole County. ADJOURNMENT Mayor Bush adjourned the Meeting at 3:16 a.m. RESPECTFULLY SUBMITTED: ANDREA LORENZO-LUACES, CMC CITY CLERK APPROVED: JOHN F. BUSH MAYOR NOTE: These Minutes were approved at the , 2005 Regular City Commission Meeting.