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HomeMy WebLinkAbout2006 11 27 Consent 406 Approval of Regular Meeting Minutes November 13, 2006 CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING NOVEMBER 13, 2006 CALL TO ORDER The City Commission Regular Meeting of Monday, November 13, 2006 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, arrived at 6:32 p.m. Commissioner Robert S. Miller, present Commissioner Donald A. Gilmore, present Commissioner Sally McGinnis, absent Commissioner Joanne M. Krebs, present City Manager Ronald W. McLemore, present City Attorney Anthony A. Garganese, arrived at 6:32 p.m. The Pledge Of Allegiance followed a Moment of Silence. Under Agenda Changes, Mayor Bush mentioned as Commissioner [Sally] McGinnis was not present this evening, Commissioner McGinnis has "Asked that we pull this [Regular Agenda Item '300'] from the Agenda, to schedule it at another Meeting." Is that acceptable?" Commissioner Joanne M. Krebs stated, "Fine with me." No objections were noted. Mayor Bush then summarized, "The Dyson Drive then will be at our next meeting. " Deputy Mayor Michael S. Blake arrived at 6:32 p.m. City Attorney Anthony A. Garganese arrived at 6:32 p.m. PUBLIC INPUT Mr. Bob Rucci, 973 Turkey Hol/ow Circle, Winter Springs, Florida: mentioned that the ninety (90) day window for the permanent Dog Park is coming up and added that his organization is planning another event in February called the "Hogs and Hounds Puppy Love Run". ,-, r--, ~. ,- ~ ~ ~ r'" I ~ :.- r---. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 13,2006 PAGE 2 OF 25 Mr. David Mize, 1607 Little Sparrow Court, Winter Springs, Florida: congratulated the winners in the recent Municipal Election, spoke of interest in change; City Commission Meetings; Election mailers; and asked to be Appointed to one of the City's Advisory Boards/Committees. Ms. Maureen Simmons, 2231 Curryville Road, Chuluota, Florida: as the current President of the Rotary Club of Winter Springs, Ms. Simmons spoke of the Group Study Exchange and suggested that candidates (Planners and Police Officers) from the City of Winter Springs be considered to study in Australia in support of this program and said that a decision would need to be made by the end of the year. Mr. Tom Brown, 717 Adidas Road, Winter Springs, Florida: read a Veterans prayer; and mentioned a photograph of a dead deer behind the former meatpacking plant property, and suggested that we and Seminole County check like the Planning and Zoning Board[/Local Planning Agency] does, to take precautions to protect animals prior to any activity on a property. Mr. Brown also congratulated the newly Elected Officials. Due to technical difficulties, the next audiotape was used. Tape 2/Side A Ms. Isabelle Laub, 1372 Blue Spruce Court, Winter Springs, Florida: offered her congratulations to the newly Elected Officials; spoke of Commissioner Robert S. Miller's flyer; and asked about the status of the Senior Center renovations. City Manager Ronald W. McLemore commented on the current process. Ms. Brenda Brown, 211 Nandina Terrace, Winter Springs, Florida: spoke on Commissioners sitting on Homeowner's Associations or other organizations of which there might be a conflict of interest. Mr. Edward Martinez, Jr., 207 Little Creek Lane, Winter Springs, Florida: congratulated the newly Elected Officials; spoke of Agenda Item "202"; mentioned Agenda Item "301"; and spoke about Homeowner's Associations. A WARDS AND PRESENTATIONS Fire Chief, Timothy J. Lallathin was presented with a gift check from the Mayor and City Commission and his fellow employees. ,.-, ~ =--- ~ ~ g... P-.. ~ ~ ; . CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 13, 2006 PAGE 3 OF 25 AWARDS AND PRESENTATIONS 100. Parks And Recreation Department Presenting The Professional Grounds Management Society "Grand Award" For Central Winds Park. Mr. Alan Greene, Parks Superintendent, Parks and Recreation Department presented the Mayor and City Commission with the "Grand A ward" from the "Professional Grounds Management Society" for Central Winds Park. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 200. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For The Aesthetic Review For Lake Jesup Shores, A 76-Unit Townhouse Project Located On 8.7 Acres In The Town Center On The North Side Of State Road 434, At Wagner's Curve - A Prominent Location And Gateway To The Town Center. Mr. Randy Stevenson, ASLA, Director, Community Development Department introduced this Agenda Item for discussion. Commissioner Miller mentioned some concerns and suggested, "1 think it needs to be sent back, and just rework the whole thing and come back with a completely new plan." Commissioner Krebs said, "Commissioner Miller is right. 1 agree with Staff." Mayor Bush introduced former Commissioner John Langellotti and former Commissioner Edward Martinez, Jr. who were in attendance. 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. Chuck Bell, Land Development Manager, Ryland Homes, 4700 Millenia Boulevard, Suite 400, Orlando, Florida: addressed the City Commission on their proposal. Manager McLemore commented on the Site Plan and said, "Step back. Maybe have another Architect look at this and see if you can do some clean-up work and bring it back for the Commission to look at again." ~ r......-=1 ;;:::.r ~ s=d ~-- ~ ~ ~ ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 13, 2006 PAGE 4 OF 25 Deputy Mayor Blake stated for the Record, "I did meet with him and Mr. Leerdam several weeks ago, maybe a month ago." Continuing, Deputy Mayor Blake mentioned, "The long - roofline really creates a problem for me." Tape 2/Side B Further discussion. "I WOULD MAKE A MOTION THAT WE FIND THIS NOT IN COMPLIANCE WITH - MANY OF OUR TOWN CENTER CODES AND ASK RYLAND HOMES TO GO BACK AND WORK WITH STAFF AND IF YOU WISH TO BRING IT BACK, BRING IT BACK." MOTION BY COMMISSIONER MILLER. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER GILMORE." DISCUSSION. MANAGER McLEMORE STATED, "I WAS GOING TO SUGGEST THAT YOU MIGHT WANT TO OFFER SOMETHING VERY SIMILAR TO WHAT THE COMMISSIONER JUST OFFERED AND INSTEAD OF VOTING IT DOWN - LEAVE IT OPEN FOR THEM TO DECIDE WHAT THEY WANT TO DO, AND SEE IF THEY WANT TO DO SOMETHING ALONG THE LINES WE TALKED ABOUT OR STEP BACK AND DO SOMETHING LIKE ENGLES DID WITH THEIR DEVELOPMENT PROJECT AND GET AN OUTSIDE LOOK." COMMISSIONER MILLER NOTED, "I THINK I ADDRESSED THAT IN THE MOTION. IF THEY WOULD LIKE TO DO THAT, I WOULD WELCOME IT." VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE MOTION CARRIED. Attorney Garganese said, "If you are going to give them an opportunity to come back, do you want to put a time period on that?" MOTION "THEY BRING IT BACK - WITHIN NINETY (90) DAYS." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER KREBS. DISCUSSION. ,--, ~~ ;;::;::a3V ~ ~ Q...... ~ ~ :;~ ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 13, 2006 PAGE 5 OF 25 VOTE: DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. PUBLIC HEARINGS 201. Community Development Department Requests That The City Commission Hold A Public Hearing For The Aesthetic Review Of The Addition Of A 2.55 Square Foot Washington Mutual Non- Illuminated Sign On One Side (The East Side) Of The Existing Clock-Tower At The Doran Site, Near The Intersection Of Cliff Rose Drive And State Road 434. Mr. Stevenson spoke on this Agenda Item. Discussion ensued on the related signage. 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 DENY." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE DEPUTYMAYORBLAKE: AYE MOTION CARRIED. PUBLIC HEARINGS 202. Community Development Department - Planning Division And Office Of The City Attorney Request That The City Commission Hold A Public Hearing For Third Reading/Adoption Of Ordinance 2006-19, Which Amends The Zoning District Code To Allow Public Recreational Areas And Facilities In The C-l And PUD (Planned Unit Development) Zoning Districts As Permitted Uses. Attorney Garganese read the Ordinance by "Title" only. ,-, ~ ;:;a... c:::> ~ Q.... Cb.s ~ ~ ;-----. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 13,2006 PAGE 6 OF 25 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 followed on the proposed language. Mr. Don Fisher, Deputy County Manager, Seminole County, 1101 East First Street, Sanford, Florida: commented on the Traffic Study and stated, "We're questioning whether the Traffic Study might require a thorough review that we get access to the traffic light, at least for people wanting to go left bound; and to get to the traffic light, you go behind the Hess Station, and to get to the location, you would have to get onto the local road before you get onto [State Road] 434. The local road is not an arterial road so we didn't want to run into any possible issues trying to look to the future - so we wouldn't have any issues when we got into Site Plan Review." Further discussion. Ms. Suzy Goldman, Director of Library and Leisure Services, Seminole County, 1101 East First Street, Sanford, Florida: addressed the City Commission on the proposed plan. Much discussion ensued on the wording related to access and acreage. Attorney Garganese suggested, "Located at the southwest intersection of State Road 417 and State Road 434 and adjacent to state owned recreational lands and contains a minimum of twenty (20) acres." "MOTION TO APPROVE." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER KREBS. DISCUSSION. ATTORNEY GARGANESE STATED, "I AM STRIKING THE LANGUAGE 'IN CLOSE PROXIMITY TO LIMITED ACCESS HIGHWAY AND ACCESS FROM ALL ARTERIAL ROAD' - THAT'S ALL BEING STRICKEN." ATTORNEY GARGANESE THEN READ THE WORDING ONCE MORE AND STATED, "PROVIDED SAID AREAS AND FACILITIES ARE LOCATED AT THE SOUTHWEST INTERSECTION OF STATE ROAD 417 AND STATE ROAD 434 AND ADJACENT TO STATE.OWNED RECREATIONAL LANDS AND CONTAINS A MINIMUM OF TWENTY (20) ACRES OF LAND." ~ ~ ~ ~ ~ t:'A...t e::L.. ~ ~ ;---. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 13,2006 PAGE 7 OF 25 VOTE: COMMISSIONER MILLER: AYE COMMISSIONER GILMORE: AYE COMMISSIONER KREBS: AYE DEPUTYMAYORBLAKE: AYE MOTION CARRIED. PUBLIC HEARINGS 203. Community Development Department - Planning Division In Cooperation With The City Attorney And City Engineer Request That The City Commission Hold A Public Hearing For First Reading Of Ordinance 2006-20, Establishing A Methodology For Assessing Proportionate Fair-Share Mitigation For Transportation Concurrency Management, Pursuant To The Requirements Of Section 163.3180 (16), Florida Statutes. Mayor Bush stated, "Motion to read by 'Title' only?" "SO MOVED." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" only. Discussion followed with Mr. Brian Fields, P.E., City Engineer, Public Works 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. "MOTION TO APPROVE ITEM '203' - MOVE TO SECOND READING." MOTION BY COMMISSIONER KREBS. SECONDED. DISCUSSION. ~ ~;; g-! ",.: ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 13,2006 PAGE 8 OF 25 VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 300. Public Works Department Requesting The City Commission To Consider A Second Straw Ballot For The Proposed Dyson Drive Traffic Calming Project. As noted earlier in the Meeting, this Agenda Item was postponed to the next City Commission Meeting. Tape 3/Side A REGULAR 301. Office Of The Mayor Requesting That The City Commission Review The "Public Input" Data In This Agenda Item And The Attached Related Spreadsheet And Decide Whether They Want To Implement Any New Or Revised "Policy" Related To "Public Input". Discussion. Commissioner Miller stated, "I concur." Furthermore, Commissioner Miller added, "We don't need to do anything with this, just leave everything the way it is." No further comments were made. Mayor Bush called a Recess at 8: 18 p. m. The Meeting was called back to Order by Mayor Bush. ,...... ~......., ;:;;a. c::> == CL.e Q..... ~ ~ ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 13, 2006 PAGE 9 OF 25 REGULAR 302. Office Of The City Clerk Requesting The City Commission Decide Upon The Time When The 2006 Inauguration Ceremonies Should Be Held. Additionally, The City Commission Is Also Being Asked To Consider And Approve The Information In This Agenda Item Regarding Some Of The Details Planned For The Upcoming Inauguration Ceremonies. Discussion. "I MAKE A MOTION FOR SEVEN P.M. ON THE 4TH [OF DECEMBER]." MOTION BY COMMISSIONER GILMORE. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. Regarding the recommendation that the Commission agree to continuing with what has been done before in terms of cost and style, Mayor Bush remarked, "I think Andrea [Lorenzo-Luaces, City Clerk] has always done a great job with these kind of things and 1 leave it up to you Andrea [Lorenzo-Luaces]." "MOTION TO CAP IT AT THREE - THOUSAND [DOLLARS] ($3,000.00)." MOTION BY COMMISSIONER KREBS. MOTION DIED FOR LACK OF A SECOND. "MOVE THIRTY-FIVE HUNDRED [DOLLARS] ($3,500.00) CAP." MOTION BY COMMISSIONER GILMORE. SECONDED BY DEPUTY MAYOR BLAKE. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. ~ ~~ ;:"\Il1llII"" ~ ~ ~ Q,...tllII ~ ~ ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 13,2006 PAGE 10 OF 25 REGULAR 303. Community Development Department - City Arborist Recommends The City Commission Consider The Request Of Pete Smith Of 1004 Troon Trace To Remove One (1) Specimen Tree Located On The Resident's Private Lot. Mr. Mike Mingea, Arborist, Community Development Departments presenting this Agenda Item explained, "Basically what we tried to suggest is simply remove the tree, remove some of the stump material. They are going to come back in and grade that lot there and to re-sod. They have also agreed to - do replacement tree replantings with the Homeowner's Association, not onto this ground - not here on this site to create yet another future problem, but to place them out into the common area there with the Homeowner's Association." Further discussion. "MOTION TO DENY." MOTION BY COMMISSIONER MILLER. MOTION DIED FOR LACK OF A SECOND. "MOTION TO APPROVE." MOTION BY COMMISSIONER GILMORE. MOTION DIED FOR LACK OF A SECOND. Discussion ensued on the roots affecting the drainage and whether the roots could be pruned. Regarding the re-plantings, Deputy Mayor Blake inquired, "Would those replantings take place on the property or elsewhere?" Mr. Mingea responded, "That would not be as 1 mentioned earlier, there is not much in the way of space." Mr. Mingea added, "Those are to go on a common ground. They are for the Homeowner's Association. 1 discussed this with them. They presented it to their Homeowner's Association Board. They seemed to be willing to comply." Discussion. Commissioner Krebs said to Mr. Mingea, "I was wondering when you mentioned the tree replacement, that would be required. Are we monitoring that? Do we have time to monitor that? How will we make sure that that would take place?" Mr. Mingea remarked, "You're required within thirty (30) days of the issue of the permit to have your replacement tree replantings. They've indicated voluntarily that they will do such. We can go see that that's occurring." Mr. Mingea added, "This is done in a good faith effort, particularly with the Homeowner's Associations." ~ ~~ ~ ~ ~ ~ C1.~ ~: ~ ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 13, 2006 PAGE I I OF 25 Deputy Mayor Blake said, "Since the trees are going to be replanted elsewhere, can't we require that the tree re-plantings are done prior to the issuance of the permit to take the tree down?" Mr. Mingea said, "1 would beg for that. 1 asked for that years ago when we did our Arbor Ordinance and 1 certainly would appreciate that vote of confidence." Further discussion. "I WOULD BE WILLING TO MAKE A MOTION TO PERMIT THE REMOVAL OF THE SPECIMEN TREE WITH THE PERMIT BEING ISSUED - ONCE THE CITY ARBORIST HAS VERIFIED THAT THE REQUIRED REPLANTINGS OF THE FIVE (5) UNITS HAVE INDEED TAKEN PLACE - IN ADVANCE OF THE REMOVAL PERMIT, THE REPLANTINGS HA VE TO BE IN PLACE; PLANTED, WATERED, THE WHOLE DEAL." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. COMMISSIONER GILMORE THEN ASKED, "WHERE WERE THESE TREES GOING TO BE PLANTED?" MR. MINGEA NOTED, "THEY WOULD NOT BE ON TO THIS SITE. WHAT THE HOMEOWNER'S ASSOCIATION HAS CURRENTLY VOLUNTEERED IS THEY HAVE A SPACE ALONG THEIR COMMON ENTRANCE THERE, I BELIEVE ON OLD WHITE WAY AS IT COMES IN, THERE IS A SMALL POND AREA THERE, ACROSS FROM BYRON GILTZ'; AND I BELIEVE THAT THAT'S ONE OF THE LOCATIONS AND THE OTHER WAS AT ONE OF THE HOMEOWNER'S ASSOCIATION'S PERSONAL LOTS. THEY HAVE SPACE FOR IT THAT THEY WISH TO HAVE SUCH AND MAINTAIN IT THEMSELVES." COMMISSIONER GILMORE ADDED, "THAT WOULD BE ACCEPTABLE THEN, THAT THE TREES WOULD BE OFF THIS SITE?" MR. MINGE A STATED, "YES. THAT'S RIGHT." VOTE: DEPUTYMAYORBLAKE: AYE COMMISSIONER KREBS: AYE COMMISSIONER MILLER: NAY COMMISSIONER GILMORE: AYE MOTION CARRIED. ~ I:';IB-;J ~ ~ -,...;it ~ f~ 1f1'~:; ~:i"'<l"" ~ ~ t::;;,;;) CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 13, 2006 PAGE 12 OF 25 REGULAR 304. Community Development Department - Public Works Department Requests The City Commission Approve A Site Development Permit Agreement With Tousa Homes, Inc. For Site Clearing At Sonesta Pointe. Mr. Stevenson addressed the City Commission on this Agenda Item. MAYOR BUSH STATED, "MOTION FOR APPROVAL BY COMMISSIONER GILMORE." SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE DEPUTYMAYORBLAKE: AYE MOTION CARRIED. CONSENT AGENDA CONSENT 400. Information Services Department Requests Authorization To Proceed With Installation Of The New Public Works Facility Telephone System With Orlando Business Telephone System As The Vendor In The Amount Of $13,962.00. This Agenda Item was not discussed. CONSENT 401. Information Services Department Requests Authorization For Orlando Business Telephone Systems To Proceed With Installation Of Cabling At The New Public Works Facility In The Amount Of $18,013.00. No discussion. CONSENT 402. Utility Department Requesting Authorization To Continue To Use The Services Of Shelley's Environmental Systems For Domestic Wastewater Residuals Hauling. There was no discussion on this Agenda Item. ~ ~':Jl ~ c:::> ~ ~ ~~ ~ ~ ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 13, 2006 PAGE 13 OF 25 CONSENT 403. Parks And Recreation Department Requesting The City Commission To Authorize The City Manager To Execute The Agreement Between The City Of Winter Springs And The Scottish American Society Of Central Florida, Inc. This Agenda Item was not discussed. CONSENT 404. Parks And Recreation Department Requesting Authorization For An Adjustment In Design Fees For ArchitecturaI/Engineering Design Services With Starmer Ranaldi Planning And Architecture, Inc., For Enclosing The Expansion Of The Senior Center And Therapy Pool At A Cost Of $70,000.00 (Increase Of $16,000.00). No discussion. CONSENT 405. Information Services Department Requests Authorization To Renew The Annual Telephone System Maintenance Agreement With Orlando Business Telephone Systems (OBTS) In The Amount Of $14,792.00 And Authorize Quarterly Payments In The Amount Of $3,698.00. There was no discussion on this Agenda Item. CONSENT 406. Information Services Department Requests Authorization To Dispose Of Surplus Assets According To The Attached Disposition Sheets. Brief discussion. CONSENT 407. Information Services Department Requests Authorization To Pay Invoice For Annual Fiber Optic Communication Network Interlocal Agreement In The Amount Of $17,272.64. This Agenda Item was not discussed. ~ ~-;J ~ c::::> ~ ~41 ~~ ~ ~ ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 13, 2006 PAGE 140F25 CONSENT 408. Fire Department Requesting Authorization To Enter Into A Contract For The Replacement Of All Bay Doors With Hurricane Wind Proof Doors 75% Funded By The Hazard Mitigation Grant Program. No discussion. CONSENT 409. Public Works Department Requesting Authorization To Piggyback Off Of The Seminole County Contract With Orlando Paving Company For The Resurfacing Of Phase I Of Winter Springs Boulevard. There was no discussion on this Agenda Item. CONSENT 410. Information Services Department Requests City Commission Authorize An Additional Appropriation In The Amount Of $710.00 In Order To Secure The Commission Chambers Wi-Fi Hotspot. This Agenda Item was not discussed. CONSENT 411. Office Of The City Clerk Requesting Approval Of The October 23, 2006 Regular City Commission Meeting Minutes. No discussion. CONSENT 412. Office Of The City Clerk Requesting Approval Of The November 1, 2006 Special City Commission Meeting Minutes. There was no discussion on this Agenda Item. ~ ~ ~ ~ Cd ~ ~'. ~ill"" ~ ~ ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 13,2006 PAGE 15 OF 25 "MOTION FOR APPROVAL" (CONSENT AGENDA). MOTION BY DEPUTY MAYOR BLAKE. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER GILMORE." DISCUSSION. CITY CLERK LORENZO-LUACES, ASKED, "IF I COULD JUST ASK, DOES THAT INCLUDE THE COMMENTS FROM THE I.S. (INFORMATION SERVICES) [DEPARTMENT] DIRECTOR IN HER MEMO TO YOU ALL, ON ITEM '406'?" COMMISSIONER KREBS SAID, "YES, FOR ME." DEPUTY MAYOR BLAKE SAID, "YES." NO OBJECTIONS WERE NOTED. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE MOTION CARRIED. INFORMATIONAL AGENDA INFORMATIONAL 500. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. There was no discussion on this Agenda Item. INFORMATIONAL 501. Community Development Department - Planning Division And Office Of The City Attorney Wish To Advise The City Commission On The Status Of The Large Scale Comprehensive Plan Transmittal To DCA (Department Of Community Affairs). This Agenda Item was not discussed. s::_~ r.-~;Q1 :;;,..~ ~ ~':1'f~,a /!l7"',,,,I,~ jpJf/t1iJo .,nlill>i>lnt ~lIllft ~ ~ ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 13, 2006 PAGE 16 OF 25 INFORMATIONAL 502. Office Of The City Clerk Wishes To Inform The City Commission Of The Results Of The November 7, 2006 City Of Winter Springs Municipal Election. No discussion. "MOTION TO APPROVE" (INFORMATIONAL AGENDA). MOTION BY COMMTSSTONRR MTT,J ,RR. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. REPORTS REPORTS 600. Office Of The City Attorney - Anthony A. Garganese, Esquire Attorney Garganese said, "Just a few things I just need to update the Commission about - In the Comprehensive Plan challenge, Highlands Homeowner's Association v. City of Winter Springs, that Case has been set for Expedited Hearing on November 29th, [2006] and November 30th, [2006]. The Hearing will be here, at City Commission Chambers." Next, Attorney Garganese remarked, "And regarding the Hayes Road right turn lane, we, after receiving an - Appraisal for the property, we sent a written formal offer to the Property Owner. We did not receive any response from the Property Owner for a voluntary conveyance of the land necessary for the right turn lane. So we're proceeding forward with the filing of a petition exercising eminent domain authority to acquire that property. " Continuing, Attorney Garganese advised the City Commission that "In the Case, Binford v. the City of Winter Springs, the City's Motion for Summary Judgment is scheduled for December 7th, [2006]. That comes on the heels of the City prevailing on the directed Verdict for Selective Enforcement; so that will be coming up in less than a month. "In the Case of Roy v. the City of Winter Springs et aI, we did receive late last week a new settlement proposal from the Roy's. We're evaluating that with Staff and we'll get back to you to the extent we need to." ~ I,;";r..-;,J ~ c;::.') ~ .at r.;"""~j" f=~"'''!I1 tt:~I~ ~~ ~ ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 13, 2006 PAGE 17 OF 25 Lastly, Attorney Garganese remarked that "The Cell Tower Communication Ordinance is scheduled for Planning and Zoning Board review on December 6th, [2006]. And that will come back to the Commission for First Reading, maybe in December. If not, maybe in January of [20]'07." Commissioner Donald A. Gilmore said to Attorney Garganese, "We put in a temporary Ordinance for compatibility and I believe that was expiring in six (6) months which is about up?" Attorney Garganese remarked, "I am going to check that date and I can get back to you on that." REPORTS 601. Office Of The City Manager - Ronald W. McLemore Manager McLemore said, "Two (2) things. First, 1 just need to get your Consensus or approval on something. I've been invited to do a contribution to a book, it's an academic book. This would be the third contribution I've made to the literature in book form. The reason 1 was interested in it, and 1 haven't done much in the last four (4) or five (5) years because the City's kept me so busy - but the reason 1 was interested in this one was because they've asked, they wanted an article on a new urbanism project, case study. And so 1 said, 'Okay', subject to you being comfortable with that And again, it's purely an academic; it's not anything else other than that. So, 1 just generally want to make you aware of that and see if you're okay with it" Deputy Mayor Blake inquired, "What type of financial arrangement are you anticipating with this endeavor?" Manager McLemore said, "For me?" Deputy Mayor Blake said, "Yes." Manager McLemore replied, "Zero." Deputy Mayor Blake said, "I think it's probably appropriate - in the interest of the City and yourself, that that be memorialized..." Manager McLemore said, "...No problem." Deputy Mayor Blake said, ''And I'm just trying to keep everything clean and clear. And especially - if you're going to be spending some time on it - but 1 just don't want there, especially in this community, to be any additional questions, that we would then have to find Elected folks answering for, 'Why didn't you police things up a little better'." Manager McLemore said, "I'll give you a letter from the Professor saying that it's truly academic with no funds involved." Deputy Mayor Blake said, "That would suit me fine, 1 don't know what everybody else feels." No objections were noted. Manager McLemore said, "The other item is - I want to hand you out a copy of the revised proposed Agreement with JOC (James Doran Company) that we really just completed today." Discussion. .t.;1m-1~"~ ~1!M~,:'&''':;'~:~ ~ .-.~ ' .....~F_ >< '.;I,,,,,,,,,:W_ ~- Cc~~ ~~ ~'" g,.,'c':"'''''' ....."'i!l ~;c,;.jj~ G~ ~~,~ ~~.... ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 13, 2006 PAGE 18 OF 25 Tape 3/Side B Further discussion ensued on the Town Center and the Special Meeting scheduled for tomorrow. Deputy Mayor Blake said, "Sometime before tomorrow, early afternoon, could I have a list from you and your Staff of all of the outstanding issues? Because I will tell you that sitting here, just moments ago, was the first time I heard about the wall next to the McDonald's." Deputy Mayor Blake added, "I think we need to figure out what are all the issues, discuss what all of the issues are, and then let's move forward." Commissioner Krebs said, "I had the same - when I saw the Agenda and it said 'Parking and other issues' - and I had also wanted to know what those issues were. But if you say they're all in here, then I will review this tonight and tomorrow - everything that is going to come up is - addressed here." Deputy Mayor Blake said, "Well, as soon as you get that document, will you email it to each of us?" Manager McLemore said, "Be happy to. And they may email it directly to you, but as soon as I can get, I'll send it right to you." Commissioner Krebs said, "And I am glad you brought up that point about the balconies. And I am sure there were discussions about that. 1 don't, 1 wasn't up here, so I don't recall them and I was wondering if there was some type of documents out there that I could review so that 1 could understand the complete spirit of what was intended, why it was intended, what balconies we are supposed to do, for instance? And when 1 spoke with Shane [Doran] or George [Tullos], they indicated that that was for shade and if those discussions took place, 1 would like to understand the context of which that took place. And if there is such a document; I would like to know that." Manager McLemore said, "It's laid out in the Code and somewhere we had a rendering from our Consultant, Victor Dover, on that because that question had come up a lot. And he's just very adamant about that as a standard for buildings to provide both shade, relief from rain. And for example, when have a colonnade, you don't have to do it..." Commissioner Krebs commented, ".. . Well, that is what 1 am wondering. If you have a colonnade, do you have to have a balcony? Can you have a balcony above it, above the colonnade?" Manager McLemore responded, "I suppose you could." Commissioner Krebs said, "And if you do - this is all what I'm trying to find out, can the balcony be less than six feet (6') on the second floor if you have the colonnade that meets that requirement?" Manager McLemore then explained, "I don't think there's any requirement a balcony at all when you have a colonnade." Commissioner Krebs noted, "I understand that, but what happens if you want to put one in?" Manager McLemore said, "Sure, there wouldn't be a need, 1 think, to require the six feet (6')." ~ E:~ ~. e,::) ~ C\-a ~""~ .e.:d ~ ;;::;.:;> CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 13, 2006 PAGE 19 OF 25 Manager McLemore continued, "The intent is to have some uniformity when you look down the street and you have some relief for people when they're going into a building, that they're not going to have the rain beating down on them. That there's a place there that they can stop, you know, for a minute, and take off your coat and whatever you do before you move into a building; just to give you some relief from some temperature and rain; and to provide some uniformity of the look." Commissioner Krebs said, "Well, since you feel that's going to come up tomorrow, then I would appreciate any information that I could read up on to help me make the best decision that I can make." Manager McLemore asked, "Are you available tomorrow?" Commissioner Krebs replied by saying, "We can talk afterwards." Brief discussion. Manager McLemore said, "One other thing - that I need to point out to you, which you'll see in the cover letter. And the other big issue for us was that we had in the Final Engineering plans, sixty-two (62) parking spaces put aside. Those were results from negotiations that we had, even though yes, they didn't have our name on them at that point in time, and the fact that now, those spaces were to go away and to be used for the other tenant that we talked about. That was a big, big issue for us. Now, he tells me he has a solution for that." Manager McLemore further explained, "There were sixty-two (62) spaces over and beyond, their requirements for general parking - in the north garage. You have Final Engineering approval of that, of sixty-two (62) units that were set aside, that was a product of negotiations with us. That got into the Final Engineering, which you approved, and then the idea they want to take those away and use them for some other use was a real problem for us." Commissioner Krebs asked, "They wanted to take them away?" Manager McLemore remarked, "Yes, they wanted to use those spots now for their new tenants that we talked about. So, to me, one (1) of the things we have to solve tomorrow night is a way by which we get those units back to us instead of use for some other tenant. And the other issue was the double counting of the spaces on Tuskawilla [Road], which had already been counted in Phase I, years ago. So anyhow, he tells me he has a solution for all that and I hope he does." Further discussion. ~ &~~ ~ c::::. ",..".,....;;tt t~"r";_~'.~};1i!..~ ~;:7'~">1\J fi1"'h:' ......~ ~ ~..~ ~;; CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 13, 2006 PAGE 20 OF 25 REPORTS 602. Office Of The City Clerk - Andrea Lorenzo-Luaces, CMC City Clerk Lorenzo-Luaces reminded the City Commission about the Special Meeting scheduled for 6:30 p.m., November 14, 2006; and the Pension Workshop scheduled for 7:30 p.m. on Thursday, November 16, 2006. City Clerk Lorenzo-Luaces also reminded the City Commission that the Board of Trustees will be having their Regular Meeting on November 16,2006 at 6:30 p.m. REPORTS 603. Commission Seat One - Robert S. Miller Commissioner Miller stated, tt] would like to get the Commission's Consensus to go forward to the - Authority - and raise the issue again about the seventy-five cents ($.75) from Winter Springs to Oviedo - the Turnpike Authority. " With further comments, Mayor Bush remarked, tt] think everybody agrees with you on this. You have Consensus. Commissioner Miller said to Mayor Bush, ttWe need a solution. " We're counting on you to do it. ] will raise it again the next couple of weeks. " Deputy Mayor Blake said, ttyou know, you could tell Mayor Walters (City of Oviedo) that you have the support of the Board and see if two (2) cities want to - sue the Turnpike Authority to force them to do what we all know, and they have shown that they can do." Mayor Bush said, tt] would be glad to talk to him about it." REPORTS 604. Commission Seat Two/Deputy Mayor - Michael S. Blake Deputy Mayor Blake said, ttThe only thing] wanted to talk about tonight was also related to the 417, Turnpike Authority and that is as many people know, or may know, they are in the progress of going through the public information meetings to expand it out to six (6) lanes. Three (3) lanes north, three (3) lanes south. Which would be of course a fifty percent (50%) increase." Deputy Mayor Blake added, t~nd one of the really important problems with that is that means there will be even more traffic, more noise, and more impact on the neighborhood's, the residential areas that are adjacent to the roadway. And] think that the City should take the lead on lobbying the Turnpike Authority to make sure that thefunds are indeed expended to build a sound wall on the Winter Springs side. And if we want to work with the City of Oviedo because they are similarly impacted, ] think it makes sense there as well. " Discussion. ~~~ III"'~.::;<- '"Ill ~.w.d<.:BJ:iI :;:""::iDI ~ ';Jl ~ 1fIi''''"~ ~""'~,....,. ~""<4 ~ ~~ ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 13,2006 PAGE 21 OF 25 Deputy Mayor Blake continued, ttSo I would like to have the Board's support on that." Mayor Bush stated, nI think everybody would support that. " No objections were noted. REPORTS 605. Commission Seat Three - Donald A. Gilmore Commissioner Gilmore asked about the paving of the Winter Springs Boulevard and the status of it. Discussion followed with Mr. Kip Lockcuff, P.E., Director, Public WorksfUtility Department. Mayor Bush said to Mr. Lockcuff, "While you are there, I am sure Commissioner Gilmore's also going to ask you about [State Road] 434, on the west side." Mr. Lockcuff said, "Should have a DOT (Department of Transportation) permit any day is what we're thinking - so it's in permitting and it has been for six (6) weeks." Further discussion. REPORTS 606. Commission Seat Four - Sally McGinnis Absent. REPORTS 607. Commission Seat Five - Joanne M. Krebs Commissioner Krebs said, tt...These tCelebrate Excellence' {medallions/from the Park that we received. I thought would really be nice placed - in a frame of some sort with a picture of the park and this mounted in with it. And so I thought that would be a good ideafor us. Just wondering how the Commission wouldfeel about that?" Mayor Bush asked, ttCommissioners, are you in agreement with Commissioner Krebs' recommendation? Is to put together - a plaque, picture of the park with maybe one (1) of these medallions embedded in it to be displayed, maybe in the lobby?" No objections were noted. t!l"""-~ ~,~t! &""~ ~ ~ p."~P'":"'" ....,,~I ~""""-' ~, .....,.1'" ..... ~~ -...,;llIII ~- ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 13,2006 PAGE 22 OF 25 Next, Commissioner Krebs remarked, "Then also I wanted to bring - forward some information and I would like us to look in the future, and I will probably be bringing some more information back. And I got to thinking, especially when I am driving down Tuskawilla Road in the evening, and I see the water, the recyclable water, watering all of the wonderful vegetation on Tuskawilla {Road] - but what I was really thinking, the planting's really, really, really nice, but what I would like to see is Winter Springs be a leader and utilizing xeriscape type techniques. And one of the things that I was thinking would be really nice is if we had something in our parks, some area in our park that was actually a demo where this type of gardening would take place. If you've ever seen it before - some people think it's rocks and cactus, but it's not. It could look very, very tropical. I would like to see something, like us lead in that and then take it even a step further as to educate, have maybe classes once a month where we offer some type of educational services to the citizens so that they too can utilize that technique. It's going to save water in the future. Also, we'll be able to redirect some of the recyclable water to the citizens returning yet another service. And at the same time, leading in Florida where we need to go in the first place. So I would really like us to..." Mayor Bush asked, ... "Commissioner Krebs, do you think that might be something that we could ask the BOWS (Beautification of Winter Springs) Board to address?" Commissioner Krebs said, "If we could do that, that would be wonderful." Mayor Bush said, "I think that would be a good use of the Board's time." Commissioner Krebs said, "That would be really a good project something - but I mean really, in the end come up with something that we all benefit by but have some place where we can visit. It could even be a passive park area, but it's all, it's an example of what someone could do in their yard; but also then hold classes to teach people how to do that. " Ms. Ethel Beecher, 1207 Winter Springs Boulevard, Winter Springs, Florida: as a Member of the Beautification of Winter Springs Board, Ms. Beecher spoke regarding the Board's plans for Arbor Day to inform citizens of native plants and other information relating to education on different topics. With further comments, Mayor Bush asked Ms. Beecher, "Could you take that back to the BOWS (Beautification of Winter Springs Board), what Commissioner Krebs has brought up tonight and kind of get a feel for how your Committee - what they would think about it and maybe come back and let us know?" Ms. Beecher said, "Sure." ."""""""~ ~ W!:iZiI:"'-'JI ~ ::;:~ 'i~;;~ ~';"\'~~,'t ~....'d.'>i ell...... ~ ~ -"\'"<':0lIl ~~ ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 13, 2006 PAGE 23 OF 25 Manager McLemore said, "I'd really like to agenda this item for after the first of the year for a full discussion. It's a pretty big issue and we need to know the upsides and the downsides of that. It's not the native plants that bother me so much, but the strict application of xeriscape, I don't think you're going to be happy with on your right-of- ways. We need to have a good discussion of that. " Mayor Bush stated, HCommissioner Krebs, you okay with that?" Commissioner Krebs replied, "Right. I am fine with it." Mayor Bush asked, "The rest of the Commission as well?" No objections were noted. REPORTS 608. Office Of The Mayor - John F. Bush Mayor Bush said, "I wanted to bring your attention on December the 11 t\ [2006] at the Seminole County - Commission Chambers, the Legislative Action date. You might be thinking about what we need, if you want to present anything at that time. Maybe you'll let Mr. McLemore know. I will be going to it." Deputy Mayor Blake said, "That would be an ideal time to get with the City of Oviedo and bring up the funding for the sound wall." Mayor Bush said, "Good point." Mayor Bush said, "If you would let me know of any issues that you would like covered or Mr. McLemore, then he and I will get together and try to get something so you can see if before that date." Continuing, Mayor Bush remarked, "Our [Winter Springs] Open Space [Advisory Study] Committee, you know, we should be getting ready to have about the first meeting. I would like to ask the Commission if we could appoint an Ex-Officio member, Michael Barr, from the Seminole Soil and Conservation District. He is very interested in - working with our [Winter Springs] Open Space [Advisory Study] Committee. Would you have any objection to having him as an Ex-Officio member?" Deputy Mayor Blake commented, "I would not be in favor of that. I think we have convened a Board of our citizens that have like interests. I think we have Staff that's going to provide the professional expertise that will be required. And the Commission's given them a directive and I think when you start having outside people, such as Mr. Barr, maybe who have a broader interest in what we're trying to do just here in Winter Springs, that it could tend to lead in perhaps a different direction then what we're looking for." With further discussion, Mayor Bush asked, "Commissioners, do you agree with Commissioner Blake and I won't bother talking to this guy about?" Commissioner Miller said, "I do. I agree with Commissioner Blake." .!1"-"'~ ~;;~,~~'I ~ ~ ~~ ~~ ;."....~ ~~.~"-a ~ ~ ~ ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 13, 2006 PAGE 24 OF 25 Tape 4/Side A Mayor Bush then asked about the Binford Case. Attorney Garganese stated, "That Emergency Ordinance that we have in place for aesthetic review of residential structures expires before your next regularly scheduled Commission Meeting. It will expire on November 22nd, [2006]. I put before you a draft Emergency Ordinance - it would extend the sunset provision an additional six (6) months. You can consider this Emergency Ordinance tonight or perhaps we can agenda the Ordinance maybe during your Special Meeting? "I WOULD LIKE A MOTION THAT WE DIRECT THE CITY ATTORNEY TO READ ORDINANCE 2006-22." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Attorney Garganese read Emergency Ordinance 2006-22 in its entirety. 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 THE CITY OF WINTER SPRINGS CITY COMMISSIONERS FIND THAT THERE IS AN EMERGENCY SITUATION AND ADOPTS ORDINANCE 2006-22." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE DEPUTYMAYORBLAKE: AYE MOTION CARRIED. ,-::~:~= i;,P-"'; ....-.0.11 l\""'~~ ~ C::.,.~ ~c~ tJ;:i;;!S-~~'~ t~~~:~ ~~ -er";: ....."'Z;"'>fllI ~ ;---. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 13, 2006 PAGE 25 OF 25 Attorney Garganese said, "Pursuant to State Statute, two thirds Vote passes the Ordinance. It is effective immediately." Attorney Garganese added, "It is the only Reading. " Deputy Mayor Blake then asked, "Is there a way to require cross-referencing on the Ordinance that this extends to Ordinance 2006-08, that adds a section to that - that directs people to this Ordinance, so that they don't just see that one and they think it has expired?" Deputy Mayor Blake added, "I guess we could go ahead and put it on the Website." Attorney Garganese added, "We can put some notation, just to make sure that people know that it's extended." Deputy Mayor Blake continued by saying, "If somebody is looking at 2006-08, just so that they understand that there is a subsequent Ordinance that extends that longer, they don't think that's the end of it." City Clerk Lorenzo-Luaces stated, "We do have the ability to link items so we could very well link that Ordinance to this one." Deputy Mayor Blake noted, "That would be great." ADJOURNMENT Mayor Bush adjourned the Regular Meeting at 10:10 p.m. RESPECTFULLY SUBMITTED: DANIELLE HARKER, ASSISTANT TO THE CITY CLERK AND ANDREA LORENZO-LUACES, CMC CITY CLERK APPROVED: JOHN F. BUSH MAYOR NOTE: These Minutes were approved at the . 2006 Regular City Commission Meeting. ~~ ~~;1! J;~':1 ~ ~ ~j- ~i:~~i.->J;,i~:tJ ~ e::~ ~ :.--~ ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING NOVEMBER 13, 2006 CALL TO ORDER The City Commission Regular Meeting of Monday, November 13, 2006 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, arrived at 6:32 p.m. Commissioner Robert S. Miller, present Commissioner Donald A. Gilmore, present Commissioner Sally McGinnis, absent Commissioner Joanne M. Krebs, present City Manager Ronald W. McLemore, present City Attorney Anthony A. Garganese, arrived at 6:32 p.m. The Pledge Of Allegiance followed a Moment of Silence. Under Agenda Changes, Mayor Bush mentioned as Commissioner [Sally] McGinnis was not present this evening, Commissioner McGinnis has "Asked that we pull this [Regular Agenda Item '300'] from the Agenda, to schedule it at another Meeting." Is that acceptable?" Commissioner Joanne M. Krebs stated, "Fine with me." No objections were noted. Mayor Bush then summarized, "The Dyson Drive then will be at our next meeting. " Deputy Mayor Michael S. Blake arrived at 6:32 p.m. City Attorney Anthony A. Garganese arrived at 6:32 p.m. PUBLIC INPUT Mr. Bob Rucci, 973 Turkey Hollow Circle, Winter Springs, Florida: mentioned that the ninety (90) day window for the permanent Dog Park is coming up and added that his organization is planning another event in February called the "Hogs and Hounds Puppy Love Run". CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 13,2006 PAGE 2 OF 25 Mr. David Mize, 1607 Little Sparrow Court, Winter Springs, Florida: congratulated the winners in the recent Municipal Election, spoke of interest in change; City Commission Meetings; Election mailers; and asked to be Appointed to one of the City's Advisory Boards/Committees. Ms. Maureen Simmons, 2231 Curryville Road, Chuluota, Florida: as the current President of the Rotary Club of Winter Springs, Ms. Simmons spoke of the Group Study Exchange and suggested that candidates (Planners and Police Officers) from the City of Winter Springs be considered to study in Australia in support of this program and said that a decision would need to be made by the end of the year. Mr. Tom Brown, 717 A did as Road, Winter Springs, Florida: read a Veterans prayer; and mentioned a photograph of a dead deer behind the former meatpacking plant property, and suggested that we and Seminole County check like the Planning and Zoning Board[ /Local Planning Agency] does, to take precautions to protect animals prior to any activity on a property. Mr. Brown also congratulated the newly Elected Officials. Due to technical difficulties, the next audiotape was used. Tape 2/Side A Ms. Isabelle Laub, 1372 Blue Spruce Court, Winter Springs, Florida: offered her congratulations to the newly Elected Officials; spoke of Commissioner Robert S. Miller's flyer; and asked about the status of the Senior Center renovations. City Manager Ronald W. McLemore commented on the current process. Ms. Brenda Brown, 211 Nandina Terrace, Winter Springs, Florida: spoke on Commissioners sitting on Homeowner's Associations or other organizations of which there might be a conflict of interest. Mr. Edward Martinez, Jr., 207 Little Creek Lane, Winter Springs, Florida: congratulated the newly Elected Officials; spoke of Agenda Item "202"; mentioned Agenda Item "301"; and spoke about Homeowner's Associations. AWARDS AND PRESENTATIONS Fire Chief, Timothy J. Lallathin was presented with a gift check from the Mayor and City Commission and his fellow employees. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 13,2006 PAGE 3 OF 25 AWARDS AND PRESENTATIONS 100. Parks And Recreation Department Presenting The Professional Grounds Management Society "Grand Award" For Central Winds Park. Mr. Alan Greene, Parks Superintendent, Parks and Recreation Department presented the Mayor and City Commission with the "Grand A ward" from the "Professional Grounds Management Society" for Central Winds Park. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 200. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For The Aesthetic Review For Lake Jesup Shores, A 76-Unit Townhouse Project Located On 8.7 Acres In The Town Center On The North Side Of State Road 434, At Wagner's Curve - A Prominent Location And Gateway To The Town Center. Mr. Randy Stevenson, ASLA, Director, Community Development Department introduced this Agenda Item for discussion. Commissioner Miller mentioned some concerns and suggested, "I think it needs to be sent back, and just rework the whole thing and come back with a completely new plan." Commissioner Krebs said, "Commissioner Miller is right. I agree with Staff." Mayor Bush introduced former Commissioner John Langellotti and former Commissioner Edward Martinez, Jr. who were in attendance. 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. Chuck Bell, Land Development Manager, Ryland Homes, 4700 Millenia Boulevard, Suite 400, Orlando, Florida: addressed the City Commission on their proposal. Manager McLemore commented on the Site Plan and said, "Step back. Maybe have another Architect look at this and see if you can do some clean-up work and bring it back for the Commission to look at again." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 13, 2006 PAGE 4 OF 25 Deputy Mayor Blake stated for the Record, "I did meet with him and Mr. Leerdam several weeks ago, maybe a month ago." Continuing, Deputy Mayor Blake mentioned, "The long - roofline really creates a problem for me." Tape 21Side B Further discussion. "I WOULD MAKE A MOTION THAT WE FIND THIS NOT IN COMPLIANCE WITH - MANY OF OUR TOWN CENTER CODES AND ASK RYLAND HOMES TO GO BACK AND WORK WITH STAFF AND IF YOU WISH TO BRING IT BACK, BRING IT BACK." MOTION BY COMMISSIONER MILLER. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER GILMORE." DISCUSSION. MANAGER McLEMORE STATED, "I WAS GOING TO SUGGEST THAT YOU MIGHT WANT TO OFFER SOMETHING VERY SIMILAR TO WHAT THE COMMISSIONER JUST OFFERED AND INSTEAD OF VOTING IT DOWN - LEAVE IT OPEN FOR THEM TO DECIDE WHAT THEY WANT TO DO, AND SEE IF THEY WANT TO DO SOMETHING ALONG THE LINES WE TALKED ABOUT OR STEP BACK AND DO SOMETHING LIKE ENGLES DID WITH THEIR DEVELOPMENT PROJECT AND GET AN OUTSIDE LOOK." COMMISSIONER MILLER NOTED, "I TIDNK I ADDRESSED THAT IN THE MOTION. IF THEY WOULD LIKE TO DO THAT, I WOULD WELCOME IT." VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE DEPUTYMAYORBLAKE: AYE MOTION CARRIED. Attorney Garganese said, "If you are going to give them an opportunity to come back, do you want to put a time period on that?" MOTION "THEY BRING IT BACK - WITHIN NINETY (90) DAYS." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER KREBS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 13, 2006 PAGE 5 OF 25 VOTE: DEPUTYMAYORBLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. PUBLIC HEARINGS 201. Community Development Department Requests That The City Commission Hold A Public Hearing For The Aesthetic Review Of The Addition Of A 2.55 Square Foot Washington Mutual Non- Illuminated Sign On One Side (The East Side) Of The Existing Clock-Tower At The Doran Site, Near The Intersection Of Cliff Rose Drive And State Road 434. Mr. Stevenson spoke on this Agenda Item. Discussion ensued on the related signage. 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 DENY." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE DEPUTYMAYORBLAKE: AYE MOTION CARRIED. PUBLIC HEARINGS 202. Community Development Department - Planning Division And Office Of The City Attorney Request That The City Commission Hold A Public Hearing For Third Reading/Adoption Of Ordinance 2006-19, Which Amends The Zoning District Code To Allow Public Recreational Areas And Facilities In The C-l And PUD (Planned Unit Development) Zoning Districts As Permitted Uses. Attorney Garganese read the Ordinance by "Title" only. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 13,2006 PAGE 6 OF 25 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 followed on the proposed language. Mr. Don Fisher, Deputy County Manager, Seminole County, 1101 East First Street, Sanford, Florida: commented on the Traffic Study and stated, "We're questioning whether the Traffic Study might require a thorough review that we get access to the traffic light, at least for people wanting to go left bound; and to get to the traffic light, you go behind the Hess Station, and to get to the location, you would have to get onto the local road before you get onto [State Road] 434. The local road is not an arterial road so we didn't want to run into any possible issues trying to look to the future - so we wouldn't have any issues when we got into Site Plan Review." Further discussion. Ms. Suzy Goldman, Director of Library and Leisure Services, Seminole County, 1101 East First Street, Sanford, Florida: addressed the City Commission on the proposed plan. Much discussion ensued on the wording related to access and acreage. Attorney Garganese suggested, "Located at the southwest intersection of State Road 417 and State Road 434 and adjacent to state owned recreational lands and contains a minimum oftwenty (20) acres." "MOTION TO APPROVE." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER KREBS. DISCUSSION. ATTORNEY GARGANESE STATED, "I AM STRIKING THE LANGUAGE 'IN CLOSE PROXIMITY TO LIMITED ACCESS HIGHWAY AND ACCESS FROM ALL ARTERIAL ROAD' - THAT'S ALL BEING STRICKEN." ATTORNEY GARGANESE THEN READ THE WORDING ONCE MORE AND STATED, "PROVIDED SAID AREAS AND FACILITIES ARE LOCATED AT THE SOUTHWEST INTERSECTION OF STATE ROAD 417 AND STATE ROAD 434 AND ADJACENT TO STATE OWNED RECREATIONAL LANDS AND CONTAINS A MINIMUM OF TWENTY (20) ACRES OF LAND." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 13,2006 PAGE 7 OF 25 YOTE: COMMISSIONER MILLER: AYE COMMISSIONER GILMORE: AYE COMMISSIONER KREBS: AYE DEPUTYMAYORBLAKE: AYE MOTION CARRIED. PUBLIC HEARINGS 203. Community Development Department - Planning Division In Cooperation With The City Attorney And City Engineer Request That The City Commission Hold A Public Hearing For First Reading Of Ordinance 2006-20, Establishing A Methodology For Assessing Proportionate Fair-Share Mitigation For Transportation Concurrency Management, Pursuant To The Requirements Of Section 163.3180 (16), Florida Statutes. Mayor Bush stated, "Motion to read by 'Title' only?" "SO MOYED." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER KREBS. DISCUSSION. YOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" only. Discussion followed with Mr. Brian Fields, P.E., City Engineer, Public Works 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. "MOTION TO APPROVE ITEM '203' - MOVE TO SECOND READING." MOTION BY COMMISSIONER KREBS. SECONDED. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 13,2006 PAGE 8 OF 25 VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE DEPUTYMAYORBLAKE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 300. Public Works Department Requesting The City Commission To Consider A Second Straw Ballot For The Proposed Dyson Drive Traffic Calming Project. As noted earlier in the Meeting, this Agenda Item was postponed to the next City Commission Meeting. Tape 3/Side A REGULAR 301. Office Of The Mayor Requesting That The City Commission Review The "Public Input" Data In This Agenda Item And The Attached Related Spreadsheet And Decide Whether They Want To Implement Any New Or Revised "Policy" Related To "Public Input". Discussion. Commissioner Miller stated, "I concur." Furthermore, Commissioner Miller added, "We don't need to do anything with this, just leave everything the way it is." No further comments were made. Mayor Bush called a Recess at 8: 18 p. m. The Meeting was called back to Order by Mayor Bush. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 13,2006 PAGE 9 OF 25 REGULAR 302. Office Of The City Clerk Requesting The City Commission Decide Upon The Time When The 2006 Inauguration Ceremonies Should Be Held. Additionally, The City Commission Is Also Being Asked To Consider And Approve The Information In This Agenda Item Regarding Some Of The Details Planned For The Upcoming Inauguration Ceremonies. Discussion. "I MAKE A MOTION FOR SEVEN P.M. ON THE 4TH [OF DECEMBER]." MOTION BY COMMISSIONER GILMORE. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: DEPUTYMAYORBLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. Regarding the recommendation that the Commission agree to continuing with what has been done before in terms of cost and style, Mayor Bush remarked, "I think Andrea [Lorenzo- Luaces, City Clerk] has always done a great job with these kind of things and 1 leave it up to you Andrea [Lorenzo-Luaces]." "MOTION TO CAP IT AT THREE - THOUSAND [DOLLARS] ($3,000.00)." MOTION BY COMMISSIONER KREBS. MOTION DIED FOR LACK OF A SECOND. "MOVE THIRTY-FIVE HUNDRED [DOLLARS] ($3,500.00) CAP." MOTION BY COMMISSIONER GILMORE. SECONDED BY DEPUTY MAYOR BLAKE. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE DEPUTYMAYORBLAKE: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 13,2006 PAGE 10 0F25 REGULAR 303. Community Development Department - City Arborist Recommends The City Commission Consider The Request Of Pete Smith Of 1004 Troon Trace To Remove One (1) Specimen Tree Located On The Resident's Private Lot. Mr. Mike Mingea, Arborist, Community Development Departments presenting this Agenda Item explained, "Basically what we tried to suggest is simply remove the tree, remove some of the stump material. They are going to come back in and grade that lot there and to re-sod. They have also agreed to - do replacement tree replantings with the Homeowner's Association, not onto this ground - not here on this site to create yet another future problem, but to place them out into the common area there with the Homeowner's Association." Further discussion. "MOTION TO DENY." MOTION BY COMMISSIONER MILLER. MOTION DIED FOR LACK OF A SECOND. "MOTION TO APPROVE." MOTION BY COMMISSIONER GILMORE. MOTION DIED FOR LACK OF A SECOND. Discussion ensued on the roots affecting the drainage and whether the roots could be pruned. Regarding the re-plantings, Deputy Mayor Blake inquired, "Would those replantings take place on the property or elsewhere?" Mr. Mingea responded, "That would not be as 1 mentioned earlier, there is not much in the way of space." Mr. Mingea added, "Those are to go on a common ground. They are for the Homeowner's Association. 1 discussed this with them. They presented it to their Homeowner's Association Board. They seemed to be willing to comply." Discussion. Commissioner Krebs said to Mr. Mingea, "1 was wondering when you mentioned the tree replacement, that would be required. Are we monitoring that? Do we have time to monitor that? How will we make sure that that would take place?" Mr. Mingea remarked, "You're required within thirty (30) days of the issue of the permit to have your replacement tree replantings. They've indicated voluntarily that they will do such. We can go see that that's occurring." Mr. Mingea added, "This is done in a good faith effort, particularly with the Homeowner's Associations." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 13, 2006 PAGE 11 OF 25 Deputy Mayor Blake said, "Since the trees are going to be replanted elsewhere, can't we require that the tree re-plantings are done prior to the issuance of the permit to take the tree down?" Mr. Mingea said, "I would beg for that. 1 asked for that years ago when we did our Arbor Ordinance and 1 certainly would appreciate that vote of confidence." Further discussion. "I WOULD BE WILLING TO MAKE A MOTION TO PERMIT THE REMOVAL OF THE SPECIMEN TREE WITH THE PERMIT BEING ISSUED - ONCE THE CITY ARBORIST HAS VERIFIED THAT THE REQUIRED REPLANTINGS OF THE FIVE (5) UNITS HAVE INDEED TAKEN PLACE - IN ADVANCE OF THE REMOVAL PERMIT, THE REPLANTINGS HAVE TO BE IN PLACE; PLANTED, WATERED, THE WHOLE DEAL." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. COMMISSIONER GILMORE THEN ASKED, "WHERE WERE THESE TREES GOING TO BE PLANTED?" MR. MINGEA NOTED, "THEY WOULD NOT BE ON TO THIS SITE. WHAT THE HOMEOWNER'S ASSOCIATION HAS CURRENTLY VOLUNTEERED IS THEY HAVE A SPACE ALONG THEIR COMMON ENTRANCE THERE, I BELIEVE ON OLD WHITE WAY AS IT COMES IN, THERE IS A SMALL POND AREA THERE, ACROSS FROM BYRON GILTZ'; AND I BELIEVE THAT THAT'S ONE OF THE LOCATIONS AND THE OTHER WAS AT ONE OF THE HOMEOWNER'S ASSOCIATION'S PERSONAL LOTS. THEY HAVE SPACE FOR IT THAT THEY WISH TO HAVE SUCH AND MAINTAIN IT THEMSELVES." COMMISSIONER GILMORE ADDED, "THAT WOULD BE ACCEPTABLE THEN, THAT THE TREES WOULD BE OFF THIS SITE?" MR. MINGEA STATED, "YES. THAT'S RIGHT." VOTE: DEPUTYMAYORBLAKE: AYE COMMISSIONER KREBS: AYE COMMISSIONER MILLER: NAY COMMISSIONER GILMORE: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 13,2006 PAGE 12 OF 25 REGULAR 304. Community Development Department - Public Works Department Requests The City Commission Approve A Site Development Permit Agreement With Tousa Homes, Inc. For Site Clearing At Sonesta Pointe. Mr. Stevenson addressed the City Commission on this Agenda Item. MAYOR BUSH STATED, "MOTION FOR APPROVAL BY COMMISSIONER GILMORE." SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE DEPUTYMAYORBLAKE: AYE MOTION CARRIED. CONSENT AGENDA CONSENT 400. Information Services Department Requests Authorization To Proceed With Installation Of The New Public Works Facility Telephone System With Orlando Business Telephone System As The Vendor In The Amount Of $13,962.00. This Agenda Item was not discussed. CONSENT 401. Information Services Department Requests Authorization For Orlando Business Telephone Systems To Proceed With Installation Of Cabling At The New Public Works Facility In The Amount Of $18,013.00. No discussion. CONSENT 402. Utility Department Requesting Authorization To Continue To Use The Services Of Shelley's Environmental Systems For Domestic Wastewater Residuals Hauling. There was no discussion on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 13,2006 PAGE 13 OF 25 CONSENT 403. Parks And Recreation Department Requesting The City Commission To Authorize The City Manager To Execute The Agreement Between The City Of Winter Springs And The Scottish American Society Of Central Florida, Inc. This Agenda Item was not discussed. CONSENT 404. Parks And Recreation Department Requesting Authorization For An Adjustment In Design Fees For Architectural/Engineering Design Services With Starmer Ranaldi Planning And Architecture, Inc., For Enclosing The Expansion Of The Senior Center And Therapy Pool At A Cost Of $70,000.00 (Increase Of $16,000.00). No discussion. CONSENT 405. Information Services Department Requests Authorization To Renew The Annual Telephone System Maintenance Agreement With Orlando Business Telephone Systems (OBTS) In The Amount Of $14,792.00 And Authorize Quarterly Payments In The Amount Of $3,698.00. There was no discussion on this Agenda Item. CONSENT 406. Information Services Department Requests Authorization To Dispose Of Surplus Assets According To The Attached Disposition Sheets. Brief discussion. CONSENT 407. Information Services Department Requests Authorization To Pay Invoice For Annual Fiber Optic Communication Network Interlocal Agreement In The Amount Of $17,272.64. This Agenda Item was not discussed. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 13, 2006 PAGE 14 OF 25 CONSENT 408. Fire Department Requesting Authorization To Enter Into A Contract For The Replacement Of All Bay Doors With Hurricane Wind Proof Doors 75% Funded By The Hazard Mitigation Grant Program. No discussion. CONSENT 409. Public Works Department Requesting Authorization To Piggyback Off Of The Seminole County Contract With Orlando Paving Company For The Resurfacing Of Phase I Of Winter Springs Boulevard. There was no discussion on this Agenda Item. CONSENT 410. Information Services Department Requests City Commission Authorize An Additional Appropriation In The Amount Of $710.00 In Order To Secure The Commission Chambers Wi-Fi Hotspot. This Agenda Item was not discussed. CONSENT 411. Office Of The City Clerk Requesting Approval Of The October 23, 2006 Regular City Commission Meeting Minutes. No discussion. CONSENT 412. Office Of The City Clerk Requesting Approval Of The November 1,2006 Special City Commission Meeting Minutes. There was no discussion on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 13, 2006 PAGE 15 OF 25 "MOTION FOR APPROVAL" (CONSENT AGENDA). MOTION BY DEPUTY MAYOR BLAKE. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER GILMORE." DISCUSSION. CITY CLERK LORENZO-LUACES, ASKED, "IF I COULD JUST ASK, DOES THAT INCLUDE THE COMMENTS FROM THE I.S. (INFORMATION SERVICES) [DEPARTMENT] DIRECTOR IN HER MEMO TO YOU ALL, ON ITEM '406'1" COMMISSIONER KREBS SAID, "YES, FOR ME." DEPUTY MAYOR BLAKE SAID, "YES." NO OBJECTIONS WERE NOTED. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE MOTION CARRIED. INFORMATIONAL AGENDA INFORMATIONAL 500. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. There was no discussion on this Agenda Item. INFORMATIONAL 501. Community Development Department - Planning Division And Office Of The City Attorney Wish To Advise The City Commission On The Status Of The Large Scale Comprehensive Plan Transmittal To DCA (Department Of Community Affairs). This Agenda Item was not discussed. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 13, 2006 PAGE 16 OF 25 INFORMATIONAL 502. Office Of The City Clerk Wishes To Inform The City Commission Of The Results Of The November 7, 2006 City Of Winter Springs Municipal Election. No discussion. "MOTION TO APPROVE" (INFORMATIONAL AGENDA). MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. REPORTS REPORTS 600. Office Of The City Attorney - Anthony A. Garganese, Esquire Attorney Garganese said, "Just a few things I just need to update the Commission about - In the Comprehensive Plan challenge, Highlands Homeowner's Association v. City of Winter Springs, that Case has been set for Expedited Hearing on November 29th, [2006] and November 30th, [2006]. The Hearing will be here, at City Commission Chambers." Next, Attorney Garganese remarked, "And regarding the Hayes Road right turn lane, we, after receiving an - Appraisal for the property, we sent a written formal offer to the Property Owner. We did not receive any response from the Property Owner for a voluntary conveyance of the land necessary for the right turn lane. So we're proceeding forward with the filing of a petition exercising eminent domain authority to acquire that property. " Continuing, Attorney Garganese advised the City Commission that "In the Case, Binford v. the City of Winter Springs, the City's Motion for Summary Judgment is scheduled for December 7th, [2006]. That comes on the heels of the City prevailing on the directed Verdict for Selective Enforcement; so that will be coming up in less than a month. "In the Case of Roy v. the City of Winter Springs et aI, we did receive late last week a new settlement proposal from the Roy's. We're evaluating that with Staff and we'll get back to you to the extent we need to." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 13,2006 PAGE 17 OF 25 Lastly, Attorney Garganese remarked that "The Cell Tower Communication Ordinance is scheduled for Planning and Zoning Board review on December 6th, [2006]. And that will come back to the Commission for First Reading, maybe in December. If not, maybe in January of [20]'07." Commissioner Donald A. Gilmore said to Attorney Garganese, "We put in a temporary Ordinance for compatibility and I believe that was expiring in six (6) months which is about up?" Attorney Garganese remarked, "I am going to check that date and I can get back to you on that." REPORTS 601. Office Of The City Manager - Ronald W. McLemore Manager McLemore said, "Two (2) things. First, I just need to get your Consensus or approval on something. I've been invited to do a contribution to a book, it's an academic book. This would be the third contribution I've made to the literature in book form. The reason I was interested in it, and I haven't done much in the last four (4) or five (5) years because the City's kept me so busy - but the reason I was interested in this one was because they've asked, they wanted an article on a new urbanism project, case study. And so I said, {Okay', subject to you being comfortable with that And again, it's purely an academic; it's not anything else other than that. So, I just generally want to make you aware of that and see if you're okay with it. " Deputy Mayor Blake inquired, {{What type of financial arrangement are you anticipating with this endeavor?" Manager McLemore said, uFor me?" Deputy Mayor Blake said, "Yes." Manager McLemore replied, {{Zero." Deputy Mayor Blake said, "I think it's probably appropriate - in the interest of the City and yourself, that that be memorialized..." Manager McLemore said, {{...No problem." Deputy Mayor Blake said, {~nd I'm just trying to keep everything clean and clear. And especially - if you're going to be spending some time on it - but I just don't want there, especially in this community, to be any additional questions, that we would then have to find Elected folks answering for, {Why didn't you police things up a little better'." Manager McLemore said, {{I'll give you a letter from the Professor saying that it's truly academic with no funds involved." Deputy Mayor Blake said, {{That would suit me fine, I don't know what everybody else feels." No objections were noted. Manager McLemore said, "The other item is - I want to hand you out a copy of the revised proposed Agreement with JDC (James Doran Company) that we really just completed today." Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 13,2006 PAGE 18 OF 25 Tape 3/Side B Further discussion ensued on the Town Center and the Special Meeting scheduled for tomorrow. Deputy Mayor Blake said, "Sometime before tomorrow, early afternoon, could 1 have a list from you and your Staff of all of the outstanding issues? Because 1 will tell you that sitting here, just moments ago, was the first time 1 heard about the wall next to the McDonald's." Deputy Mayor Blake added, "I think we need to figure out what are all the issues, discuss what all ofthe issues are, and then let's move forward." Commissioner Krebs said, "I had the same - when 1 saw the Agenda and it said 'Parking and other issues' - and 1 had also wanted to know what those issues were. But if you say they're all in here, then 1 will review this tonight and tomorrow - everything that is going to come up is - addressed here." Deputy Mayor Blake said, "Well, as soon as you get that document, will you email it to each of us?" Manager McLemore said, "Be happy to. And they may email it directly to you, but as soon as 1 can get, I'll send it right to you." Commissioner Krebs said, "And 1 am glad you brought up that point about the balconies. And 1 am sure there were discussions about that. 1 don't, 1 wasn't up here, so 1 don't recall them and 1 was wondering if there was some type of documents out there that 1 could review so that 1 could understand the complete spirit of what was intended, why it was intended, what balconies we are supposed to do, for instance? And when 1 spoke with Shane [Doran] or George [Tullos], they indicated that that was for shade and if those discussions took place, 1 would like to understand the context of which that took place. And if there is such a document; 1 would like to know that." Manager McLemore said, "It's laid out in the Code and somewhere we had a rendering from our Consultant, Victor Dover, on that because that question had come up a lot. And he's just very adamant about that as a standard for buildings to provide both shade, relief from rain. And for example, when have a colonnade, you don't have to do it..." Commissioner Krebs commented, "... Well, that is what I am wondering. If you have a colonnade, do you have to have a balcony? Can you have a balcony above it, above the colonnade?" Manager McLemore responded, "I suppose you could." Commissioner Krebs said, "And if you do - this is all what I'm trying to find out, can the balcony be less than six feet (6') on the second floor if you have the colonnade that meets that requirement?" Manager McLemore then explained, "I don't think there's any requirement a balcony at all when you have a colonnade." Commissioner Krebs noted, "I understand that, but what happens if you want to put one in?" Manager McLemore said, "Sure, there wouldn't be a need, 1 think, to require the six feet (6')." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 13, 2006 PAGE 19 0F25 Manager McLemore continued, "The intent is to have some uniformity when you look down the street and you have some relief for people when they're going into a building, that they're not going to have the rain beating down on them. That there's a place there that they can stop, you know, for a minute, and take off your coat and whatever you do before you move into a building; just to give you some relief from some temperature and rain; and to provide some uniformity of the look." Commissioner Krebs said, "Well, since you feel that's going to come up tomorrow, then I would appreciate any information that I could read up on to help me make the best decision that I can make." Manager McLemore asked, "Are you available tomorrow?" Commissioner Krebs replied by saying, "We can talk afterwards." Brief discussion. Manager McLemore said, "One other thing - that I need to point out to you, which you'll see in the cover letter. And the other big issue for us was that we had in the Final Engineering plans, sixty-two (62) parking spaces put aside. Those were results from negotiations that we had, even though yes, they didn't have our name on them at that point in time, and the fact that now, those spaces were to go away and to be used for the other tenant that we talked about. That was a big, big issue for us. Now, he tells me he has a solution for that." Manager McLemore further explained, "There were sixty-two (62) spaces over and beyond, their requirements for general parking - in the north garage. You have Final Engineering approval of that, of sixty-two (62) units that were set aside, that was a product of negotiations with us. That got into the Final Engineering, which you approved, and then the idea they want to take those away and use them for some other use was a real problem for us." Commissioner Krebs asked, "They wanted to take them away?" Manager McLemore remarked, "Yes, they wanted to use those spots now for their new tenants that we talked about. So, to me, one (1) of the things we have to solve tomorrow night is a way by which we get those units back to us instead of use for some other tenant. And the other issue was the double counting of the spaces on Tuskawilla [Road], which had already been counted in Phase I, years ago. So anyhow, he tells me he has a solution for all that and I hope he does. " Further discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 13,2006 PAGE 20 OF 25 REPORTS 602. Office Of The City Clerk - Andrea Lorenzo-Luaces, CMC City Clerk Lorenzo-Luaces reminded the City Commission about the Special Meeting scheduled for 6:30 p.m., November 14, 2006; and the Pension Workshop scheduled for 7:30 p.m. on Thursday, November 16,2006. City Clerk Lorenzo-Luaces also reminded the City Commission that the Board of Trustees will be having their Regular Meeting on November 16,2006 at 6:30 p.m. REPORTS 603. Commission Seat One - Robert S. Miller Commissioner Miller stated, "I would like to get the Commission's Consensus to go forward to the - Authority - and raise the issue again about the seventy-five cents ($.75) from Winter Springs to Oviedo - the Turnpike Authority. " With further comments, Mayor Bush remarked, "I think everybody agrees with you on this. You have Consensus. Commissioner Miller said to Mayor Bush, "We need a solution." We're counting on you to do it. I will raise it again the next couple of weeks. " Deputy Mayor Blake said, "You know, you could tell Mayor Walters (City of Oviedo) that you have the support of the Board and see if two (2) cities want to - sue the Turnpike Authority to force them to do what we all know, and they have shown that they can do." Mayor Bush said, "I would be glad to talk to him about it. " REPORTS 604. Commission Seat Two/Deputy Mayor - Michael S. Blake Deputy Mayor Blake said, "The only thing I wanted to talk about tonight was also related to the 417, Turnpike Authority and that is as many people know, or may know, they are in the progress of going through the public information meetings to expand it out to six (6) lanes. Three (3) lanes north, three (3) lanes south. Which would be of course a fifty percent (50%) increase." Deputy Mayor Blake added, "And one of the really important problems with that is that means there will be even more traffic, more noise, and more impact on the neighborhood's, the residential areas that are adjacent to the roadway. And I think that the City should take the lead on lobbying the Turnpike Authority to make sure that the funds are indeed expended to build a sound wall on the Winter Springs side. And if we want to work with the City of Oviedo because they are similarly impacted, I think it makes sense there as welL" Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 13,2006 PAGE 21 OF 25 Deputy Mayor Blake continued, nso I would like to have the Board's support on that. " Mayor Bush stated, "I think everybody would support that. " No objections were noted. REPORTS 605. Commission Seat Three - Donald A. Gilmore Commissioner Gilmore asked about the paving of the Winter Springs Boulevard and the status of it. Discussion followed with Mr. Kip Lockcuff, P.E., Director, Public WorkslUtility Department. Mayor Bush said to Mr. Lockcuff, "While you are there, I am sure Commissioner Gilmore's also going to ask you about [State Road] 434, on the west side." Mr. Lockcuff said, "Should have a DOT (Department of Transportation) permit any day is what we're thinking - so it's in permitting and it has been for six (6) weeks." Further discussion. REPORTS 606. Commission Seat Four - Sally McGinnis Absent. REPORTS 607. Commission Seat Five - Joanne M. Krebs Commissioner Krebs said, n...These 'Celebrate Excellence' [medallionslfrom the Park that we received. I thought would really be nice placed - in a frame of some sort with a picture of the park and this mounted in with it. And so I thought that would be a good ideafor us. Just wondering how the Commission wouldfeel about that?" Mayor Bush asked, nCommissioners, are you in agreement with Commissioner Krebs' recommendation? Is to put together - a plaque, picture of the park with maybe one (1) of these medallions embedded in it to be displayed, maybe in the lobby?" No objections were noted. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 13,2006 PAGE 22 OF 25 Next, Commissioner Krebs remarked, "Then also I wanted to bring - forward some information and I would like us to look in the future, and I will probably be bringing some more information back. And I got to thinking, especially when I am driving down Tuskawilla Road in the evening, and I see the water, the recyclable water, watering all of the wondeiful vegetation on Tuskawilla {Road] - but what I was really thinking, the planting's really, really, really nice, but what I would like to see is Winter Springs be a leader and utilizing xeriscape type techniques. And one of the things that I was thinking would be really nice is if we had something in our parks, some area in our park that was actually a demo where this type of gardening would take place. If you've ever seen it before - some people think it's rocks and cactus, but it's not. It could look very, very tropical I would like to see something, like us lead in that and then take it even a step further as to educate, have maybe classes once a month where we offer some type of educational services to the citizens so that they too can utilize that technique. It's going to save water in the future. Also, we'll be able to redirect some of the recyclable water to the citizens returning yet another service. And at the same time, leading in Florida where we need to go in the first place. So I would really like us to... " Mayor Bush asked, ... "Commissioner Krebs, do you think that might be something that we could ask the BOWS (Beautification of Winter Springs) Board to address?" Commissioner Krebs said, "If we could do that, that would be wonderful." Mayor Bush said, "I think that would be a good use of the Board's time." Commissioner Krebs said, "That would be really a good project something - but I mean really, in the end come up with something that we all benefit by but have some place where we can visit. It could even be a passive park area, but it's all, it's an example of what someone could do in their yard; but also then hold classes to teach people how to do that. " Ms. Ethel Beecher, 1207 Winter Springs Boulevard, Winter Springs, Florida: as a Member of the Beautification of Winter Springs Board, Ms. Beecher spoke regarding the Board's plans for Arbor Day to inform citizens of native plants and other information relating to education on different topics. With further comments, Mayor Bush asked Ms. Beecher, "Could you take that back to the BOWS (Beautification of Winter Springs Board), what Commissioner Krebs has brought up tonight and kind of get a feel for how your Committee - what they would think about it and maybe come back and let us know?" Ms. Beecher said, "Sure." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 13,2006 PAGE 23 OF 25 Manager McLemore said, "I'd really like to agenda this item for after the first of the year for a full discussion. It's a pretty big issue and we need to know the upsides and the downsides of that. It's not the native plants that bother me so much, but the strict application of xeriscape, I don't think you're going to be happy with on your righi-of- ways. We need to have a good discussion of that." Mayor Bush stated, "Commissioner Krebs, you okay with that?" Commissioner Krebs replied, "Right. I am fine with it." Mayor Bush asked, "The rest of the Commission as well?" No objections were noted. REPORTS 608. Office Of The Mayor - John F. Bush Mayor Bush said, "I wanted to bring your attention on December the 11 th, [2006] at the Seminole County - Commission Chambers, the Legislative Action date. You might be thinking about what we need, if you want to present anything at that time. Maybe you'll let Mr. McLemore know. I will be going to it." Deputy Mayor Blake said, "That would be an ideal time to get with the City of Oviedo and bring up the funding for the sound wall." Mayor Bush said, "Good point." Mayor Bush said, "If you would let me know of any issues that you would like covered or Mr. McLemore, then he and I will get together and try to get something so you can see if before that date." Continuing, Mayor Bush remarked, "Our [Winter Springs] Open Space [Advisory Study] Committee, you know, we should be getting ready to have about the first meeting. I would like to ask the Commission if we could appoint an Ex-Officio member, Michael Barr, from the Seminole Soil and Conservation District. He is very interested in - working with our [Winter Springs] Open Space [Advisory Study] Committee. Would you have any objection to having him as an Ex-Officio member?" Deputy Mayor Blake commented, "I would not be in favor of that. 1 think we have convened a Board of our citizens that have like interests. I think we have Staff that's going to provide the professional expertise that will be required. And the Commission's given them a directive and I think when you start having outside people, such as Mr. Barr, maybe who have a broader interest in what we're trying to do just here in Winter Springs, that it could tend to lead in perhaps a different direction then what we're looking for. " With further discussion, Mayor Bush asked, "Commissioners, do you agree with Commissioner Blake and I won't bother talking to this guy about?" Commissioner Miller said, "I do. I agree with Commissioner Blake." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 13, 2006 PAGE 24 OF 25 Tape 4/Side A Mayor Bush then asked about the Binford Case. Attorney Garganese stated, "That Emergency Ordinance that we have in place for aesthetic review of residential structures expires before your next regularly scheduled Commission Meeting. It will expire on November 22nd, [2006]. I put before you a draft Emergency Ordinance - it would extend the sunset provision an additional six (6) months. You can consider this Emergency Ordinance tonight or perhaps we can agenda the Ordinance maybe during your Special Meeting? "I WOULD LIKE A MOTION THAT WE DIRECT THE CITY ATTORNEY TO READ ORDINANCE 2006-22." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Attorney Garganese read Emergency Ordinance 2006-22 in its entirety. 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 THE CITY OF WINTER SPRINGS CITY COMMISSIONERS FIND THAT THERE IS AN EMERGENCY SITUATION AND ADOPTS ORDINANCE 2006-22." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE DEPUTYMAYORBLAKE: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 13, 2006 PAGE 25 OF 25 Attorney Garganese said, "Pursuant to State Statute, two thirds Vote passes the Ordinance. It is effective immediately." Attorney Garganese added, "It is the only Reading. " Deputy Mayor Blake then asked, "Is there a way to require cross-referencing on the Ordinance that this extends to Ordinance 2006-08, that adds a section to that - that directs people to this Ordinance, so that they don't just see that one and they think it has expired?" Deputy Mayor Blake added, "I guess we could go ahead and put it on the Website." Attorney Garganese added, "We can put some notation, just to make sure that people know that it's extended." Deputy Mayor Blake continued by saying, "If somebody is looking at 2006-08, just so that they understand that there is a subsequent Ordinance that extends that longer, they don't think that's the end of it." City Clerk Lorenzo- Luaces stated, "We do have the ability to link items so we could very well link that Ordinance to this one." Deputy Mayor Blake noted, "That would be great." ADJOURNMENT Mayor Bush adjourned the Regular Meeting at 1 0: 1 0 p.m. RESPECTFULLY SUBMITTED: DANIELLE HARKER, ASSISTANT TO THE CITY CLERK AND APPROVED: ~t JO F.BUSH ' MA OR ~ NOTE: These Minutes were approved at the November 27,2006 Regular City Commission Meeting.