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HomeMy WebLinkAbout2004 12 13 Consent Item 210 COMMISSION AGENDA ITEM 210 Consent X Informational Public Hearings Regular December 13. 2004 Regular Meeting Mgr. / Dept. Authorization CONSENT 210. Office Of The City Clerk Requesting Approval Of The November 22, 2004 City Commission Regular Meeting Minutes. CITY OF WINTER SPRfl'JGS MINUTES CITY COMMISSION REGULAR MEETING NOVEMBER 22, 2004 CALL TO ORDER The Regular Meeting of Monday, November 22,2004 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 Robert S. Miller, Jr., present Commissioner Michael S. Blake, ~rrived at 6:31 p.m. Commissioner Donald A. Gilmore, absent Commissioner Sally McGinnis, present Commissioner David W. McLeod, 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. Commissioner Michael S. Blake arrived at 6:31 p.m. Regarding Agenda Changes, discussion ensued on whether or not to discuss Regular Agenda Item '504':' Commissioner David W. McLeod remarked, ''I would just as soon see it stay on the Agenda~' Commissioner Sally McGinnis stated, ''I am prepared to hear if' Commissioner Michael S. Blake stated, ''I think we should hear if' Mayor Bush summarized, Regular Agenda''Item 504 will stay~' City Attorney Anthony A. Garganese arrived at 6:32 p.m. PUBLIC INPUT Ms. Patricia Stone, 347 Twelve Oaks Drive, Winter Springs, Florida: representing the Winter Springs High School Band Boosters, Ms. Stone advised the City Commission that the Winter Springs High School Marching Band has been invited to participate in the Peach Bowl, and asked for a donation of $10,000.00 dollars to help defray travel expenses. K I .~ ~ t-'fdl ~ .: ~ ~ L--i I .J CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 22, 2004 PAGE 2 OF 33 ]vIs. Casey Edwards, ] 00 Stone Gable Circle, Winter Springs, Florida: who lives adjacent to the Villaggio project, spoke of her concern with new lights, and the comer of the eight foot (8) wall near her home which drops to six feet (6) at that part. Commissioner Blake noted, 'We have an Ordinance- Development Code that does not allow light over a certain level to spillover into the adjacent properties and Ron [McLemore], as I recall, there was - an Illumination Study done on this as well - Photometric- and I think one of things we discussed was light coming from the parking area in the shopping center over into the residential area, so we just need to make sure that whatever they put up and turned on, meets that Code:' Ms. Edwards noted, 'The parking lot is fine, it was just they added probably about a month ago, they added these side lights on the building that backs up to my land-and ifs just on that one side. Everything else seems to be fine:' Mayor Bush noted, 'Mr. McLemore will check with the Developer on this and either he will get back with you, or bring it to the Commission at the next Meeting:' Ms. Joanne Krebs, 1002 Taproot Drive, Winter Springs, Florida: thanked the City Commission for the wonderful Holiday weekend; and suggested that our City Commission do what Winter Garden did for their residents~Changed the Code-regarding the Building Codes where that driving rain came in through the- homes- did all sorts of damage-wood damage, drywall damage-they actually are requiring the sealing and extra painting because most signs point to that as was the reason that a lot of this damage occurred:' Next, Ms. Krebs added that she was in favor Agenda Item '500' and noted her preference for '4B'. Manager McLemore noted, 'Mr. Mayor, we're already addressing that Code issue:' Ms. Vicki Huxtable, 1501 Cranston Street, Winter Springs, Florida: spoke of her support for the Bruster's Ice Cream project and submitted a Petition of individuals in favor of this project. Mr. Don Whisnet, 1468 Wescott Loop, Winter Springs, Florida: also spoke in favor of the Brusters Ice Cream store. Mr. Connie Mack Crawley, 206 El Camino Real Circle, Winter Springs, Florida: noted concerns with an Easement on Costa Rica Drive and the sewer lines related to the planned Brusters Ice Cream store. Mr. Crawley inquired, "If the sewer line should exceed its capacity following the extension, who will be responsible; and if Mr. Kahn should close the store, how would the Future Land Use change?' Mayor Bush stated, 'We just got that document and I know that our Attorney has not had a chance to review any of that information:' ~ ~ J "-..J -~ L~..J lI.-J CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 22,2004 PAGE J OF 33 In other City business, Mayor Bush noted, ''1 want to personally thank the City Manager and the City Staff for the events over this past weekend- the lighting of the Christmas Tree; the Orlando Philharmonic; the Christmas Parade. They all were excellent, well done:' Mayor Bush added, ''1 just want to express my appreciation to Mr. McLemore, and the Staff Members who I know worked extremely hard over that period of time, especially the Parks and Recreation [Department]; Susie [Coffman, Senior Center Manager, Parks and Recreation Department]; and the Police Department, and the Fire Department as well:' Commissioner Blake and Mayor Bush then complimented Commissioner McLeod on his service and contributions to the City. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 100. Office Of The City Manager Presentation Of Employee Recognition Awards To City Of Winter Springs Employees. With the assistance of the City Commission, Mayor Bush and Manager McLemore presented Employee Recognition Awards to the following City of Winter Springs employees: 5 Years 0/ Service: Mr. Paul Green, Finance Department; Mr. Ray Henderson, Utility Department; Mr. Bryan Lance, Utility Department; Mr. Geoff Marbes, Parks and Recreation Department; Mr. James Monahan, Fire Department; Ms. Jennifer Rieger, Police Department; and Mr. Calvin Selvin, Fire Department. 10 Years O/Service: Ms. Paula Nunnery, Parks and Recreation Department; and Mr. Michael Williams, Building Department. 15 Years O/Service: Ms. Susie Coffman, Parks and Recreation Department; and Mr. Jose Romero, Police Department. Q' I !.. ; ~~ ~' ~ ~ IIr .6P I~ It:.:a:::i ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 22,2004 PAGE 4 or JJ 20 Years Of Service: Mr. Ed Forrest, Fire Department; Mr. Ralph Fuccillo, Utility Department; Mr. Norman Taylor, Utility Department; Ms. Mary Anne Willett, Public Works Department; and Mr. Tom Wise, Utility Department. Additionally, an award and a 'Key to the City' was presented to Commissioner McLeod for his service to the City, as his Term of Office has ended. Mayor Bush called a Recess at 7: 11 p.m. The Meeting reconvened at 7:25 p.m. Mayor Bush thanked the residents for their support regarding the Charter Amendment CONSENT AGENDA CONSENT 200. Office Of The City Attorney Requests The City Commission Consider A Resolution [2004-48] Related To The Recently Designated Travel Reimbursements. This Agenda Item was not discussed. CONSENT 201. Parks And Recreation Department Requests Approval To Transfer $27,317.00 From Park Impact Fees To Fund Entrance Modifications To Central Winds Park And Approval Of The Change Order By Sunshine Building And Development Company To Do The Work. Discussion. CONSENT 202. Information Services Department Requests Authorization To Proceed With Network Security Project In The Amount Of $13,900.00 ($12,000.00 + Travel Expenses Not To Exceed $1,900.00) With DynTek For Network Redesign And Security Implementation. There was no discussion on this Agenda Item. c:::I s:; ~ ~ ~ ~ ~ l...J CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 22, 2004 PAGE 5 OF 33 CONSENT 203. Public Works Department Requesting Approval To Enter Into A Contract To Install Traffic Signal At The Intersection or Doran Drive And State Road 434. This Agenda Item was not discussed. CONSENT 204. Utility Department Requesting Additional Funding For The Construction OrWell Number 4. Discussion. CONSENT 205. Office Of The City Clerk Requesting Approval Of TlI1e November 8, 2004 City Commission Regular Meeting Minutes. No discussion. "MOTION TO APPROVE THE CONSENT AGENDA." MOTION BY DEPUTY MAYOR MILLER. MAYOR BUSH NOTED, "SECONDED BY COMMISSIONER McLEOD." DISCUSSION. VOTE: DEPUTYMAYORMILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. INFORMATIONAL AGENDA INFORMATIONAL 300. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. This Agenda Item was not discussed. & I !... ; ~ ~ s-cI .~ c:: J I'__~ L..r:J ll. .n CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 22, 2004 PAGE 6 OF 33 INFORMATIONAL 301. Community Development Department - Planning Division Wishes To Inform The Commission Of Seminole County's Myrtle Street Special Area Concept Study Final Report And Final Master Plan For Myrtle Street Subdivision. With discussion on 'Urban Sprawl', Deputy Mayor Robert S. Miller stated, ''Could you provide us with some more information, if there is any out there - on how this is going in other areas of the country where it is being implemented across a wide area, because the first one we are seeing right now, is this one up on Myrtle StreeC Tape I/Side B Discussion. Deputy Mayor Miller then noted, ''I am more interested in how this has worked out in other areas:' Deputy Mayor Miller added, ''If there is other data out there:~ Ms. Eloise Sahlstrom, AICP, ASLA, Senior Planner, Community Development Department said, ~'.I have three (3) books; I have a video and it might be something we might want to do a Workshop on, at some point when we get more data put together on how it actually could be implemented in the City of Winter Springs:' INFORMATIONAL 302. Fire Department Providing Information To The City Commission About Safety Issues Concerning Boarding Windows On Occupied Dwellings. Discussion ensued with Fire Chief, Timothy J. Lallathin and Captain Glen Tolleson, Police Department. Commissioner Blake said, 'There may some dwellings in some of these Enclaves within the City'that also may still have boarded windows. Chief Lallathin remarked, 'We will be looking at all our surrounding areas pretty c1oseli' Further discussion. INFORMATIONAL 303. Public Works Department - Stormwater Division Advising The City Commission That Staff Is Pursuing A Grant Funding Program (Other Than FEMA [Federal Emergency Management Agency)) That Provides Federal Assistance To Municipalities To Clear The Debris And Repair The Damages Caused By The Hurricanes On The City's Creeks And Waterways. Brief discussion. ~ I ~ ; ~ ~ ~d ~ ---.:! L-.J Ii I CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 22, 2004 PAGE 7 OF JJ INFORM A TIONAL 304. Public Works Department Advising The City Commission Of The Status Of Various Capital Improvement Projects. There was no discussion on this Agenda Item. "I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE THE INFORMATIONAL AGENDA." MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 400. Community Development Department Presents To The City Commission A Request For A Special Exception To Allow An Additional Telecommunications Co-Locator To Place Ground Equipment (Associated With Co-Locating Additional Antennae On An Existing , Telecommunications Tower) Within A 100' X 100' Lease Site, Pursuant To Chapter 30 Of The Seminole County Code. Ms. Sahlstrom introduced this Agenda Item and stated, 'He did indicate that a Special Exception would be required for the equipment-the additional equipment and facilities that would be located on the ground. The equipment that will be located is actually shorter than the existing fence height. There is actu~lly an error in your Staff Report where it says its taller than the fence, but the fence is in fact eight feet (8') and the existing equipment and future equipment would be less than that. Staff believes that the primary issue is whether this new equipment would be adequately screened. We have been told that there will be no lighting of the Tower; that the FAA [Federal Aviation Administration] will not require lighting and that the equipment does not generate any noise and its not a microwave dish:' 5l = ~ ~ I'.l'-vr.-J ~ ~ ~ b'-~ IL~.J ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 22, 2004 PAGE g or 33 Ms. Sahlstrom further stated, 'The City Arborist made some comments that were given to the Applicant at the - BOA [Board of Adjustment] Meeting. And the Applicant did indicate that he would comply with all the comments. In your packet of materials, you have both what was the initial submittal plus an additional two (2) sheets that were added at the back that show the change of adding more vegetation around that to screen it further. And the Applicant has indicated that they would irrigate this vegetation:' Further discussion. Mr. Richard Shirah, Earth Com Services representing Spectra Site, 109 Thompson Cove, Saint Simons Island, Georgia: stated that'The work that we do; we work for a variety of carriers, in this case ifs Sprint. One of the first things that they expect us to do when we go out looking for sites is to find something we can co-locate on. In this case this tower was well located fot that, because ifs fitting in between other sites in the area. So thafs the reason this one was chosen. If you go very far away "from this, then you defeat the purpose of being there because ifs there - to fill in that - hole to provide the coverage for the area - what we would call the Radio Frequency Objective:' Discussion. Mayor Bush opened the "Public Input" portion of the Agenda Item. Ms. Robin Germillion, 1570 Wescott Loop, Winter Springs, Florida: spoke on this Tower being pleasing to the eye, and inquired as to how many additions there could be. Mr. Shirah stated, 'When you go to a stealth type, what we call a close mount situation- what you're talking about - of course whafs there already has the mounts on if' Mr. Shirah continued, ''If you do the close mount, it limits the number of antennas you can use- but, what it does is then limits the capacity of that site, so a typical site you would want to get on there - in this case, they want six (6) antennas, which can be done with what you call 'stiff ~ mounts':' Next, Mr. Shirah noted, '2\s far as converting this to some kind of camouflage or stealth structure in the future, thafs a very difficult thing to do. I have done quite a number of camouflage towers, pine trees, flag poles, whatever - they need to fit wherever they go - because most places where they have a camouflage tower - there will be a requirement that it be architecturally and aesthetically compatible. In regard to the ground equipment here, we are simply putting in a 14 x 16 pad - concrete pad, for a cabinet type facility. Our cabinet type ground equipment that will be below the level of the fence - as far as the top of that equipment. li I !" ; ~ ~,..- ~ :;sc::s ~ - ~ L-.J I. I CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 22,2004 PAGE 9 OF 33 One of the issues that was raised in the BOA [Board of Adjustment] was the noise factor. Sprint- in this case, they are not putting a generator on site. The only time that they would need to do so would be in the case of an emergency and at that time, they have an inventory of portable generators they bring to the site:' Furthermore, Mr. Shirah said, ';A.Iso, we talked about a drainage issue, and I think some of the neighbors were concerned about - due to the wetness of the area out there that it would cause a problem. We would put in the system so that it would strictly only water the plants that are there; and that was a requirement of your Arborist so we want to comply with that. The reason we did not bring that totally to a head was because we understand there could be potentially a problem with the salinity of the water out there. So, we didn't have quite enough time but we wanted to continue to move forward with this. And, so we need to get our hands on a Landscape Architect in Florida to do the homework that needs to be done to be sure we do this and do it right. In the event that the salinity is a problem, then we've got to find another source of water. And ifs a decent distance away from visual observation out there. But what we want to do is regardless - is provide what we need to provide to insure the longevity of the plantings:' Manager McLemore said, 'My personal recommendation to you would be to Table this Item tonight; and have this gentleman bring in the - photo renderings of the different types of stealth type antennas that go on these posts so that you can see those. If he can't bring them, I have access to them before you make this decision:' Manager McLemore further added, "You are trying to limit the obtrusiveness of the antennae thafs on the pole itself to surrounding property owners and there are options for doing that and I think you ought to know what those are before you make a decision:' Deputy Mayor Miller remarked, ''If we go that route, I would also like to see some artist renditions of what - the extension would look like with the antennas on if' Deputy Mayor Miller commented, 'The other thing is, we have an airport just to the north of us - what is the height at which you have to have a beacon on the top?' Mr. Shirah said, 'There is no absolute height. Generally speaking, at 200 feet is when we have to go to the FAA [Federal Aviation Administration] to request them to verify that there is no determination of a safety hazard; 200 feet is the cut-off point. In this case, wdve already done our homework on this, and there will not be any kind of problem with the FAA [Federal Aviation Administration):' Commissioner Blake said, "1 do not have any information whatsoever regarding the Countys Rural-3 Land Use designation, or the Agricultural-3 Zoning classification. What the requirements are; what is allowed; what is not allowed; what is required to have a Special Exception and Land Use issues of this sort are quite complex and take some time in order for us to comprehend what the rules are prior to making a decision. fC J ~,,'--: ~ ~ ~'t::I ~ <:::> :--: 1t.-U !t:::j CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 22. 2004 PAGE 100F33 What I would recommend, Mr. Manager, and I will make a Motion to this effect, is that your questions about information on different types of Towers, stealthiness of those Towers, issues of that sort; I think are good issues to look at, but before we even get there, I think this Commission needs to hold a Workshop looking at some information on what the County's Land Use rules are, since we are, at this point in time, required to apply their rules to this application. And to not render any decision on this Application until such time that the Commission understands exactly what the Zoning and Land Use requirements are for the County at that location~' Mayor Bush closed the "Public Input" portion of the Agenda Item. "I WOULD LIKE TO MAKE THE MOTION THAT WE TABLE THIS APPLICATION AT THIS TIME, WITH THE UNDERSTANDING THAT WE WILL SCHEDULE A WORKSHOP - I THINK IT IS PROBABLY GOING TO TAKE STAFF SOME TIME TO GET ALL'THAT TOGETHER, SO I WOULD LIKE TO SCHEDULE A WORKSHOP IN - FEBRUARY, TO REVIEW THE COUNTY'S ZONING AND LAND USE LAWS, SPECIFICALLY AS THEY PERTAIN TO THE PARCEL THAT THIS APPLICATION IS ON; AND AFTER THAT TIME, THEN WE WILL RESCHEDULE THE PUBLIC HEARING." , . COMMISSIONER BLAKE ADDED, "IT WILL HAVE TO BE RE-ADVERTISED AT THAT TIME AND WE WILL BRING IT UP AGAIN FOR PUBLIC HEARING, AFfER WE HAVE ALL THOSE FACTS, AND CAN REHEAR IT." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE DEPUTY MAYOR MILLER: AYE MOTION CARRIED. PUBLIC HEARINGS 401. Community Development Department Requests The City Commission Hold A Public Hearing For Aesthetic Review Of The Barclay Woods Town House Units. Mr. John Reny, 641 North Maitland Avenue, Maitland, Florida: addressed the City Commission and stated, "I also brought in the draft of my HOA [Homeowner's Association] Covenants where I included the Items excluding screened covered porches on those units, and keeping the garage doors closed, and the other issues that 1 was asked to address~' Discussion. ~ ~- : ~ ~ ~ fC. .", - ~ L~ IL J CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 22, 2004 PAGE 11 OF 33 Mr. Reny stated, "On the cantilevered roofs - on the cantilevered sections of the rear of the town homes, thafs a two foot (2') cantilever off the back-so what I did is I matched those roofs and it sticks out two feet (2') from the back of the building - and then it has a similar corbel just to kind of give it that same look:' Mr. Reny added, 'That is a six foot (6') fence that comes out to the depth of the patios:' With further comments, Mr. Reny added, ''Iis an eight foot (8') patio.': Deputy Mayor Robert S. Miller said, ~'.Eght feet (8'), so the fence will come ouf.'. Mr. Reny continued, :'.To the edge. Ifs for a privacy screen:' Deputy Mayor Miller then stated, ''And then your Homeowner's [Association] documents will not allow people to screen those in or to roof over them:' Mr. Reny responded by saying, ''Yes, Sir:' Discussion Commissioner Blake said to Mr. Reny, "Didn't we decide that an opaque wall would be more appropriate, both for sound considerations and for its opaqueness?' Commissioner Blake continued by saying, 'My recollection was clearly th~at we had agreed that that portion there on [State Road] 434 would have an opaque wall, preferably brick:' With discussion, Mr. Reny stated, "Can a CMU [Concrete Masonry Unit] wall that is stuccoed, that ties into those cultured stone faced columns, is that acceptable? Is that what you are asking me to do?' Commissioner Blake said, ''Yes, the columns that you already have out here, those are the same stone as this, and that can certainly tie them together:' Mr. Reny asked, ''So it is not necessarily a brick wall?' Commissioner Blake said, ''When I say brick, yes, you are absolutely correct. I am looking for the opaqueness and I want it to look like a quality development:' With further discussion, Commissioner Blake noted, 'These trees still need to be there:' Mr. Reny added, 'The trees are going to be there:' Commissioner Blake said, 'Right:' Mr. Reny added, ''I agree:' Regarding the height ofthis wall, Mr. Reny said,''I will concede to the five foot (5') wall:' Furthermore, Mr. Reny added, ''fin fine with the French Doors:' With further discussion, Commissioner McGinnis stated, "I would support a low - wall:' Manager McLemore said, 'just a point of consideration, you may have a better looking wall since he has got six foot (6~ columns, and ifhe agreed to a four foot (4~ between the columns rather than five foot (5') to get the variation in height, and still accomplish what you are trying to do:' Tape 2/Side A Deputy Mayor Miller said, ''I think: the wall in the front is a good idea, I really do. I don't like walls probably any more than anybody else does- but on that particular location, I think: it ought to be six feet (6'). I think: that you can put the design in the wall so that it looks like a nice wall if you drive bi' Mayor Bush opened the "Public Input" portion of the Agenda Item. ~ ~ Il-.,..t ~ ~ .;.. ~ L~-, L J CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 22, 2004 PAGE 12 OF 33 No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. Mayor Bush said, ''I think that John [Reny] has agreed to everything that the Commission has brought up~' Commissioner McGinnis said, ''I hope in the future that we can - look at some options besides walls. We need to explore berms with landscaping. Florida is just perfect for that. It is being done all over the State; we are just not doing it here~' Next, Commissioner McLeod said, 'Did I hear you say that by putting the wall in you want to take the landscaping hedge away from it on the front side which would be the road side?' Mr. Reny said, ''Iis on the inside wall, but I am sure ru do some kind of . .landscaping~inside the walls- I just need to look at iC' With discussion on landscaping, Commissioner McLeod said, ''If he has exceeded, then he could do more than come back to meet our Code?' Ms. Sahlstrom said, 'Right:' Commissioner McLeod added, 'He would have to at least meet the requiremenf' Ms. Sahlstrom noted, 'Thafs righC' Mr. Reny remarked, ''I can assure you rn do thaC' "I WOULD LIKE TO GO AHEAD AND MAKE A MOTION THAT WE APPROVE THE AESTHETIC REVIEW OF BARCLAY WOODS TOWN HOUSE UNITS, SUBJECT TO NO LESS LANDSCAPING THAN IS REQUIRED IN THE CODE, AND THE INSTALLATION OF A FIVE FOOT (5') WALL - BETWEEN SIX FOOT (6') STONE COLUMNS ALONG THE ENTIRE LENGTH OF THE PROJECT FACING [STATE ROAD] 434, SAVE THE ENTRANCEWAY." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. COMMISSIONER McLEOD SAID, "YOU ARE TALKING ABOUT PUTTING A BLOCK WALL WITH STUCCO - BUT YET YOU HAVE A STONE ENTRY PRESENTLY, RIGHT?" MR. RENY SAID, "YES." COMMISSIONER McLEOD CONTINUED, "WHAT DOES THE TOP OF THAT STONE WALL HAVE ON IT?" MR. RENY ANSWERED, "ON THE STONE COLUMNS, IT HAS A - STYROFOAM CAP ON IT." COMMISSIONER McLEOD SAID, "IS THIS WALL GOING TO HAVE THIS SAME STYROFOAM CAP?" MR. RENY SAID, "IT WILL HAVE THE SAME STYROFOAM CAP - I AM GOING TO DO IT NICE." COMMISSIONER McLEOD SAID, "SO I WOULD THEN ASSUME THAT THAT IS PART OF MR. BLAKE'S MOTION - THAT THAT IS UNDERSTOOD." k I ~ : ~ ~ ~.. . ~ ~ Cuwry- ~ I;:.:-..J ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 22,2004 PAGE 13 or JJ "I \VOULD LIKE TO MAKE AN AMENDMENT TO THE MOTION THAT THE WALL WILL INCLUDE THE STYROFOAM CAP - THAT SAME CAP DESIGN THAT IS ON THE STONE WALL." AMENDMENT TO THE MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: (ON THE AMENDMENT) COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. COMMISSIONER McLEOD CLARIFIED THAT THE WALL WILL HAVE A DESIGNED CAP THAT MATCHES'THE COLUMNS. COMMISSIONER McLEOD ADDED, "THE ENTIRE LENGTH OF THE WALL FACING [STATE ROAD] 434 - WE WILL HAVE A DESIGNED CAP THAT MATCHES THE COLUMNS." VOTE: (ON THE MAIN MOTION, AS AMENDED) COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. Manager McLemore said, 'We were made aware of another issue with this project - late Friday aftemoon~' Manager McLemore continued, ''Basically it comes down to correlation of drawings issue - the Architectural and Site Plan, and all that were not appropriately - correlated. So I think that you should explain this and what your options are~' Mr. Reny said, 'What happened is when we went to our final Platting Review-there was a discrepancy between two (2) of our plans and the twenty foot (20') setback. And I know the twenty foot (20') setback was a huge issue during the Commission hearings on this project. So we took a good hard look at it-and what happened was our Architects on two (2) of the units had drawn the garage projecting on one of them - it was nine inches (9') further and the other one it was one foot nine inches (1' 9') ahead. And I know that the twenty foot (20') driveway has been the issue all along to keep the cars out of the street, and so on and so forth. ~ ~ ~ ~ c:> ~ 1t:.~..J ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 22, 2004 roo ~,-..r 1 ~ ,..............., rAUc. l'+ UI~ JJ What I did when I discovered this issue, since we are going to Plat next week - the overall dimension of the pad with the patio needed to be fifty-one and a half inches (51 Yi') but it ended up being on two (2) of the units; the longest one was fifty-three and a half [inches] (53 Vi'). So what we did is we came up with a couple of options to see if we could run them by you to try to solve this issue. One of them was to simply push the buildings back two feet (2') and stay within our ten foot (10') setbacks; reduce our patio to a six foot (6') patio instead of an eight foot (8') patio. And what that does is that - a lot of the driveways get longer; it actually helps us on most of the units, or at least helps this parking issue of keeping cars out of the sidewalk. And what it does is it reduces our patio depth~' Mr. Reny further stated, 'This is most of the buildings. There are five (5) buildings that are not affected by this issue. And ifs all to get the twenty foot (20') drivewaY:' Mr. Reny continued, 'The other options I have- your garage minimum depth is eighteen feet (18') and what I can do on those two (2) plans is still-accomplish a twenty foot (20') parking space by - and I brought some Architectural Drawings, by recessing those two (2) garage doors. One of them needs to recess four inches (4') and one of them needs to recess one foot nine inches (1' 9'). And that leaves me with an overall of eighteen foot eleven (18' 11'') in one (1) garage and nineteen foot eight (19' 8'), whereas I usually have twenty foot (20') inside dimensions. And on my Developers Agreement, it shows an eighteen foot (18') minimum depth on a garage. You can see the ones that are highlighted in yellow:' Discussion. Mr. Reny said, "I can meet all the setback requirements but I have to drop it to a six foot (6') deep patio rather than an eight foot (8') deep patio:' Commissioner McLeod then said, 'Q11O, 11, and 137' Mr. Reny responded, ''On those, I do not. Because I - just need to meet that six foot (6') requirement. If I could drop the six foot (6') requirement to four foot (4'), then I could make it:' Mr. Reny added, "And these are the only ones since I have got that seven foot (7') minimum between the property line; those are the only ones that I would have to change the patio size on:' Commissioner McGinnis noted, "A six foot (6') patio is like a stoop:' Mr. Reny continued,''Iknow. It wasn't something I wantedto do. We made a mistake; it was an error:' Discussion. ~ ~ ;>~ ~ It--g ~ c- :3e ~ l:.-...i f1.-J CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 22, 2004 PAGE is OF 33 Manager McLemore stated to Mr. Reny, "I think the issue is- based on our discussion if the decision you have is to change the garage design, your preference is to do all of them that way, is that correct?' Mr. Reny said, "Absolutely. I would like to redesign it and give everybody the same type of garage - then you get some continuity through the communiti' Commissioner Blake said, ''I would be concerned about pushing them back towards the Retention Ponds. There just isn't that much space back there alreadi' Furthermore, Commissioner Blake added, ''I am just concerned about reducing the distance from somebody's back patio to the water:' Discussion. "I WOULD LIKE TO SEE THE RECESSED GARAGE DOOR IMPLEMENTED; I THINK THAT WILL DO A COUPLE OF THINGS. PRIMARILY, I THINK IT WILL ENHANCE THE VIEW FROM THE FRONT OF THE STRUCTURES . -' AND SECONDL Y;'l DON'T THINK IT WILL MOVE THEM ANY CLOSER TO THE RETENTION PONDS." MAYOR BUSH SAID, "SO THE MOTION IS THE RECESSED GARAGE DOOR OPTION." COMMISSIONER BLAKE SAID, "SO MOVED." MAYOR BUSH CONTINUED, SECONDE][) "BY COMMISSIONER MILLER." COMMISSIONER BLAKE SAID, "THAT MOTION INCLUDES TAKING WHATEVER STEPS ARE NECESSARY IN THE DEVELOPER'S AGREEMENT TO AMEND IT - TO REFLECT THAT CHANGE." COMMISSIONER McGINNIS SAID, "YES. MY QUESTION - THERE IS AN OPTION, SO YOU COULD - MOVE THE ONES ON THE RETENTION POND BACK WITHOUT ANY PROBLEM - BUT YOU INDICATED THAT YOU WANTED TO DO THE WHOLE COMMUNITY THE SAME WAY. IS THAT CORRECT?" MR. RENY SAID, "YES." COMMISSIONER McGINNIS SAID, "WHAT WOULD BE THE PROBLEM WITH HAVING THE TWO (2) OPTIONS?" MR. RENY SAID, "THERE IS NOT A PROBLEM WITH THAT." MR. RENY ADDED, "WHEN I SUBMIT FOR - PERMITTING - I JUST HAVE TO SUBMIT MORE DRAWINGS - FOR PERMITS - IT'S NOT A HARDSHIP EITHER WAY; I CAN DO IT EITHER WAY." VOTE: COMMISSIONER McGINNIS: AYE DEPUTYMAYORMILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. ~ ~. : ~ II ...I ~ ~-_.~- ~ Ulbr- ::: IL-..J '--' CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 22, 2004 PAGE 16 OF 33 PURLlC HEARINGS 402. Community Development Department - Planning Division Requests That The City Commission Hold A Public Hearing To Consider The Applicant's Request For A General Permit For Eagle Bay Wood Products (A Light Industrial Use) Under The Property's Current "A-3" Zoning. Ms. Sahlstrom introduced this Agenda Item. Mayor Bush opened the "Public Input" portion of the Agenda Item. Mr. Robert King, 2211 Black Hammock, Oviedo, Florida: addressed the City Commission on this issue and asked the City Commission to consider the issues at hand. Tape 2/Side B Ms. April Bosworth, Planner, S~mi~ole Cou~ty, 'jj dTEdst First Street, Sanford, Florida: spoke for the record on Seminole County's position. Mayor Bush closed the "Public Input" portion of the Agenda Item. Commissioner McLeod spoke for the Record on a previous business relationship with Mr. Tim Montgomery. Much discussion. Tape 3/Side A Further discussion. Deputy Mayor Miller stated, "I would prefer to see us have this brought back by Staff in about-maybe the first Meeting in January, and I would very much like to see a history of how these people got in this situation, from the County~' Furthermore, Deputy Mayor Miller noted, ''I would like to see us take care of this. I think we can, and I think we need to get the legal issues out on the table first. We need to find out how this got this far, to the time that we eventually annexed the property-how did all these things come to pass, and how did they build 20,000 square feet of Industrial Facilities in the Black Hammock:' Additionally, Deputy Mayor Miller said, ''I would like to have it brought back and I would like to see some of this evidence on these activities that took place. With regard to the Applicant, if there is going to be some legal problems - if we go forward or against it, I think there is also going to be some blow back on the County in this regard, and I would like to have some understanding of what the legal issues might be:' Mr. Tim Montgomery, 4190 Aldergate Place, Winter Springs, Florida: addressed the City Commission on this Agenda Item. ~ I ~ -: ~ ~ tt..J ~ ~ Mil ...~~ L-.J ft. jJ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 22, 2004 PAGE 17 OF 33 Attomey Garganese suggested to the City Commission, "You may want to put a Sunset provision if you issue the permit, that should the business cease its operations, then the General Permit expires, so it is not perpetual:' Discussion. Then, Attorney Garganese stated, "Staff was involved in trying to pull together historical information regarding the Minter, Weaver, Carroll properties, specifically the Weaver property; and we asked for all records regarding Building Permits that were issued, and we will tell you that the records that we received from the County are-totally incomplete with respect to what was allowed to go on, on this propertY:' Deputy Mayor Miller said, 'N:> one on this Commission has seen those documents. I would like to see them before I vote on this:' Further discussion. "I WOULD LIKE TO MAKE A MOTION THAT THE CITY OF WINTER SPRINGS MAKE THE FINDING THAT THE EIGHT (8) CRITERIA PRESENTED - REQUIRED BY THE COUNTY FOR THE ISSUANCE OF A GENERAL PERMIT FOR LIGHT INDUSTRIAL USE TO EAGLE BAY WOOD PRODUCTS AT 203 CRESS RUN BE FOUND TO EXIST AND THAT THE CITY OF WINTER SPRINGS APPROVE THIS REQUEST FOR THE GENERAL PERMIT SUBJECT TO THE FOLLOWING SUNSET PROVISIONS; THOSE BEING THAT THIS PERMIT IS ISSUED TO - EAGLE BAY WOOD PRODUCTS AND ITS CURRENT OWNERS ONLY, AND THAT THE PERMIT IS IN EFFECT ONLY FOR AS LONG AS THAT OWNER IS IN BUSINESS AT THAT LOCATION AND OWNS THAT PROPERTY. FURTHER, EAGLE BAY WOOD PRODUCTS OWNERS MUST COME BACK BEFORE THIS COMMISSION TEN (10) YEARS FROM NOW AND REAPPLY FOR A GENERAL USE PERMIT OR WHAT OTHER SPECIAL EXCEPTION OR METHOD MAY BE PROVIDED BY WINTER SPRINGS CODE AT THAT TIME FOR THE RIGHT 1'0 CONTINUE OPERATIONS PAST THAT TEN (10) YEAR TIME FRAME." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. "I WOULD LIKE TO CHANGE AND AMEND IT - THAT HE WOULD NOT NEED TO COME BACK HERE IN TEN (10) YEARS AND REAPPLY FOR ANOTHER GENERAL USE PERMIT." AMENDMENT TO THE MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. DEPUTY MAYOR MILLER STATED, "WE NEED TO MAKE ABSOLUTELY CERTAIN THAT IT IS ON THE RECORD THAT THIS IS HOW WE GOT TO THE POINT WHERE WE ARE DOING THE RIGHT THING." r--t ~ 8 .... II ...J ~ "'- ., ~~ ~;....J ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 22, 2004 n 4 r-r. 10 ^"','" r1"\Uc. 10 VI' JJ VOTE: (ON THE AMENDMENT) COMMISSIONER McGINNIS: NAY COMMISSIONER McLEOD: NAY DEPUTY MAYOR MILLER: NAY COMMISSIONER BLAKE: NAY MOTION DID NOT CARRY. "I WOULD MAKE AN AMENDMENT TO THE MAIN MOTION THAT REMOVES THE TEN (10) YEAR CLAUSE AND REPLACES IT WITH FIFTEEN (15) YEARS." AMENDMENT TO THE MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. ""'-- --- !-=--- ~ - .... VOTE: (ON THE LAST AMENDMENT) COM-MISSIONER 'McLEOD: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR MILLER: NAY COMMISSIONER McGINNIS: AYE MOTION CARRIED. ~ ~ [<.- ~ ~.. ,........ COMMISSIONER BLAKE SAID, "WHAT IT MEANS IS THAT IF THE BUSINESS CEASES OPERATIONS; IF THE BUSINESS IS SOLD TO A DIFFERENT OWNER; JIF THE BUILDING IS SOLD TO A DIFFERENT OWNER - THE OWNER HAS TO COME BACK AND REAPPLY BEFORE THE COMMISSION UNDER WHATEVER PROVISIONS ARE AVAILABLE UNDER THE CURRENT CODE AT THAT TIME, FOR AN EXTENSION - WITHIN FIFTEEN (15) YEARS." ATTORNEY GARGANESE ASKED MS. BOSWORTH FOR THE RECORD, "IS THIS PROPERTY CURRENTLY IN THE RURAL AREA, AS DEFINED BY THE SEMINOLE COUNTY CHARTER AMENDMENT?" MS. BOSWORTH RESPONDED, "THE PROPERTY IN QUESTION IS NOT IN THE RURAL AREA AS DEFINED BY THE CHARTER AMENDMENT." VOTE: (ON THE MAIN MOTION, AS AMENDED) COMMISSIONER McGINNIS: AYE DEPUTY MAYOR MILLER: NAY COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. Mayor Bush called a Recess at 10:31 p.m. The Meeting reconvened at 10:43 p.m. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 22, 2004 PAGE 19 OF 33 Attorney Garganese stated, 'One of the conditions is that if the business ceases to operate, then the Permit will terminate. And the question in the Applicanfs mind is what do you mean by cease to do business in the event the building is damaged, because of a hurricane or some other natural disaster, or fire. Would they be permitted to rebuild the business and continue operating, or is the damage to the building constitute a cessation of the business where they lose their Permit right?' Commissioner Blake said, 'The intent is if you cease operations, that the Permit would end. That was my intent, which certainly doesn't mean for some unforeseen event, act of God, loss of electricity for an extended period of time- things that are not due to your own control. If you closed down due to financial reasons, that would be a cease of operations; if you close down because of a hurricane, as Anthony stated, or the fire, and-those have always been allowed to rebuild:' Attorney Garganese noted, "Ceasing to do business, does not include if there is an Act of God, and there is damage to the business, and they have to stop operating for a period of time while they are rebuilding, that is nota cessation-of business:' Commissioner Blake said, "Correcf' Commissioner McLeod said,'Wouldn't there be a time frame-say 120 day time frame that- he would have to apply for a Building Permit?' Commissioner McLeod added, "I think you have to have a time to apply for the Permit, and the Permit has its own time frame:' Commissioner Blake said,"Anthony [Garganese] or Ron [McLemore], is there going to be something in writing on this?' Attorney Garganese said, ''Yes:' Commissioner Blake then suggested, 'Why don't we leave it to Staff to construct the actual written Permit so that it encompasses these issues:' With discussion, Commissioner McLeod said, ''If you think 180 days is fair time, I don't have a problem with that:' Commissioner Blake said, "I don't know what the number is, I just know what the intent is:' Commissioner McLeod noted, "1.80 days:' Mr. Montgomery then said, 'We have 180 days to apply for the Permit, which does not include completing whatever damage-or repairs?' Commissioner Blake said, ''Right. We also have already built into the Code, requirements for how long a Permit is good for:' With further discussion as to ownership, Commissioner Blake noted, "As long as there is no change in control, then it continues to exist, but as soon as you no longer have control, then the Permit would cease to exist for that location:' Mr. Montgomery then said, ''So therefore, we could transfer from one family member to another, and another family member and that would be acceptable under this provision?' Deputy Mayor Miller suggested, ''! think we need to have - his questions put on paper and brought back:' Commissioner Blake said, ''! think these are the minutia that we give to Staff to nail down:' Regarding some of these issues, Mayor Bush said, ''! think he [Mr. Montgomery] needs to work with Mr. McLemore and the Attorney to iron out some of these details, and bring them back for the Commission, if the Attorney and Mr. McLemore think they are necessarY:' i1 I ~ ; ~ ~ ~ ~ L~.__ ~ L~..J l-J CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 22, 2004 PAGE 20 OF 33 Mayor Bush then said,'Thes the Commission agree to that-to let Mr. Montgomery work with Mr. McLemore on this - come back if there are other issues that need to be resolved~' No objections were noted. PUBLIC HEARINGS 403. Community Development Department - Planning Division And Office Of The City Attorney Requests That The City Commission Hold A Public Hearing For First Reading [Ordinance 2004-49 To Consider Amending Chapter 20, Zoning, Of The Code Of Ordinances, As It Relates To Rezoning, Variances, Conditional Uses, Waivers, And Administrative Appeals. Mayor Bush stated, "Can we have a Motion to read by 'Title' only~' "SO MOVED." MAYOR BUSH STATED, MOTION BY "COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER MILLER." DISCUSSION. VOTE: DEPUTY MAYOR MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. Attorney Garganese read Ordinance Number 2004-49 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. Discussion. Tape 3/Side B Further discussion. MOTION TO APPROVE. MAYOR BUSH STATED, "MOTION TO MOVE TO SECOND READING BY COMMISSIONER BLAKE - SECONDED BY COMMISSIONER McGINNIS." DISCUSSION. ~ ~ ~ c:::> ~ ~ ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 22, 2004 PAGE 21 OF 33 YOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER McLEOD: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. "I WOULD LIKE TO MAKE A MOTION WE EXTEND THE MEETING FOR ONE (1) HOUR." MOTION BY COMMISSIONER BLAKE. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER McLEOD." DISCUSSION. YOTE: DEPUTY MAYOR MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. Commissioner McLeod said, "Anthony [Garganese], this has nothing to do with having to have a Plat if you subdivide a piece?' Attorney Garganese said, 'No, it doesn'f.' Commissioner McLeod then asked that this be discussed under his'Reporl'. ADD-ON PUBLIC HEARINGS 404. Office Of The City Attorney And Office Of The City Manager Requests That The City Commission Pass Ordinance Number 2004-51 On First Reading. Mayor Bush stated, "Can we have a Motion to read by 'Title' only:' "SO MOYED." MAYOR BUSH STATED, MOTION BY "COMMISSIONER MILLER." MAYOR BUSH THEN SAID, "SECONDED BY COMMISSIONER BLAKE." DISCUSSION. YOTE: COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR MILLER: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by'Title' only. ~ ~ ~ ~ ~~<._..~ ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 22, 2004 PAGE 22 OF 33 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. Commissioner Blake said to Attorney Garganese, ''Aren't we required to make a finding that these parcels or this property is surplus, in order to sell iC Discussion. "MOTION TO PASS ORDINANCE 2004-51 TO THE NEXT READING - SECOND READING." MAYOR BUSH STATED, "MOTION BY DEPUTY MAYOR MILLER. SECONDED BY COMMISSIONER McLEOD." DISCUSSION. VOTE: DEPUTY MAYOR MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. Attorney Garganese said, ''1 will add a Surplus Property to the 'Whereas', before you adopt it, just to be sure:' .:..:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEMS WERE DISCUSSED NEXT, IN THE ORDER AS DOCUMENTED. .:..:. REGULAR AGENDA REGULAR 503. Community Development Department Recommends The City Commission Consider And Provide Direction Regarding The Proposed Conceptual Architectural Rendering For Bruster's Ice Cream. Ms. Sahlstrom introduced this Agenda Item. Discussion ensued on the Elevations. Mr. Ayube (Benson) Kahn, 1464 Wescott Loop, Winter Springs, Florida: spoke on his proposed Ice Cream store, and remarked that "1m asking if we can have solid door there instead, for security purposes:' ~ :;.~ ~ 8U ~ ~ c::::>> ~ ~, CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 22, 2004 PAGE 23 OF 33 Manager McLemore added, 'Thafs your front elevation - that is the dilemma:' Discussion. Commissioner McGinnis inquired, ''Is there a place to sit and eat ice cream?' Mr. Kalm said, "I can always put a few benches:' Discussion ensued on the requested door situation. "I WOULD LIKE TO MAKE A MOTION THAT WE DO APPROVE THE ELEV ATIONS DRAWINGS AS PRESENTED THIS EVENING WITH THE EXCEPTION THAT IT CAN BE A SOLID DOOR - FOR SECURITY PURPOSES." MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: NAY DEPUTY MAYOR MILLER: NAY MAYORBUSH: AYE MOTION CARRIED. Mr. Kalm further commented on Sewer Easements. Commissioner Blake said to Mr. Kahn, 'Those are questions that you need to take up with City Staff.' With further discussion, Mayor Bush said to Mr. Kalm, "1 think you need just to discuss this with the [City] Manager:' REGULAR 502. Office Of The City Manager Requesting That The Commission Adopt Resolution Number 2004-51 Amending The Fiscal Year 2003-2004 Budget. Ms. Michelle Greco, Director, Finance Department presented her opening remarks. "MOTION TO APPROVE." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. Q: I ~; ~ ~-' 1'1-cf :=cJ c::>> ~~ ~ l=::t CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 22, 2004 Pl\GE 24 OF 33 VOTE: COMMISSIONER McLEOD: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. REGULAR 500. Information Services Department Wishes To Present Several Options To The Commission To Allow Them Access To Network Resources And The Internet Via Wired Or Wireless Means. The Commission Should Choose And Fund The Appropriate Option. Ms. Joanne Dalka, Director, Information Services Department addressed the City Commission on this Agenda Item. Deputy Mayor Miller spoke for record about not wanting to only rely on computers and not paper Agendas. Mayor Bush said, "I think-it has been the policy that the Clerk will provide you with what materials you need, and if you need it on paper, you will get it on paper - each Commissioner-has the right to ask how they want iC' Discussion. Commissioner McLeod suggested building a shelf under each seat on the dais for the Code Books, and also suggested that computer monitors be placed under the dais. MOTION TO APPROVE "4A". MOTION BY COMMISSIONER McLEOD. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER McGINNIS." DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE DEPUTY MAYOR MILLER: NAY COMMISSIONER McGINNIS: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. Commissioner McGinnis added, ''If you want to use it, use it - if you don't, don'e ~ ~ ;g e.:''''''---' ...'')....~ mli}~ --- ~ ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 22,2004 PAGE 25 OF 33 REGULAR 501. Office Of The City Manager And [Board Of Trustees] Pension Advisory Board Requesting The Commission To Consider Amendments To Section VII. Portfolio Composition Of The General Employee Retirement System Investment Policy Statement, As Originally Adopted By The Commission On September 24, 2001. Ms. Greco addressed the City Commission on this Agenda Item. Related to the target ranges, Commissioner Blake inquired, 'Which version are we actually incorporating?' Ms. Greco noted,"PFMs [Public Financial Management):' Discussion. Tape 4/Side A With further discussion on managing the money,'. Commissioner Blake said, 'The guidelines should really be more objective-based and that it is defining exactly within a very narrow band what portion of the assets should be in a certain area. I just have a problem with that. I donl think this approach works for me-and if we feel as though our Investment Manager on the Pension Trust wants to move more towards market timing type techniques, then I would say we probably don't have the right person for the job, and we need to get an RFP [Request For Proposal] out right awai' Discussion. "I MAKE A MOTION THAT ITEM NUMBER '501' BE ACCEPTED AS THE RECOMMENDATIONS - UNDER THE RECOMMENDATIONS COLUMN." MOTION BY COMMISSIONER McLEOD. SECONDED BY DEPUTY MAYOR MILLER. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: NAY MOTION CARRIED. "I WOULD LIKE TO MAKE A MOTION WE EXTEND." MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. ~ ~ ~ It-d ~ ~ c:::>> ~ ~ ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 22,2004 PAGE 26 OF 33 VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. REGULAR 504. Community Development Department - Planning Division Requests The City Commission Consider And Approve A Concept Plan And Development Agreement For Tuscawilla Town Square (Which Includes The Current Tuscany Restaurant) Located At Winter Springs Boulevard, Northern Way And Gary Hillery Drive. Ms. Sahlstrom spoke on this Agenda Item Deputy Mayor Miller spoke for the record on the Plan and the proposed steel door. Mr. Alec String, 215 Rolling Wood Trail, Altamonte Springs, Florida: addressed the City Commission and stated, 'The Recording could certainly be deleted:' Commissioner Blake spoke of the 'Redevelopment of a whole new road'. Ms. Sahlstrom noted, 'That is on page 3, under Gary Hillery Drive:' Commissioner Blake stated that in regards to Gary Hillery Drive, ''When did that street get put on that list?' Commissioner Blake then stated, ''1 would like to know when and how that street got on the list of streets to be reconstructed, and how we built that list at all?' Commissioner Blake then said, 'The only street I was aware of-that is going to be reconstructed is Winter Springs Boulevard:' Furthermore, Commissioner Blake said, ''1 am just asking, how did these other streets that you say exist, get placed on a list. I don't remember a Workshop, I don't: remember an action of the Commission that made a determination of what streets were going to be on the list:' With discussion, Manager McLemore said, 'We are recommending that this one be placed on that list:' Commissioner Blake added, ''1 don't think that is how we ought to be determining how to spend that money. I think we should have a comprehensive view of the City to take a look at what streets need to be reconstructed in order to spend that money wisely across the City as a whole:' Additionally, Commissioner Blake stated, ''If there is a list, that list I think needs to be developed by the Commission, the Policy setting board of the City. If there is a list, I would like to get it:' Manager McLemore said, "No problem:' ra-t ~ IJ--d ~ ~ ~ <>~ ~ ft:::I CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 22, 2004 PAGE 2i OF 33 Commissioner Blake then said, 'Where in this package does it say that?' Ms. Sahlstrom noted, "I don't include it in my Agenda Items:' Deputy Mayor Miller then said, ''You need to bring it back Ron, ,[McLemore):' Furthermore, Commissioner Blake said, 'The on-street parking - if we are going to be providing parking on the City Street and paying for that parking, then in a sense, I think the City is paying for parking spaces for a private Developer- I have an issue there:' Mr. String noted, ''Anthony [Garganese], I believe in our Agreement we had a pro-rata share of the expense and some portion ofthe expense of the street would be on my side of the table, if in fact it was used for my propertY:' Attorney Garganese said, 'We can make an amendment to the Development Agreement to clarify that point, if you are going bear the cost for the parking:' Mr. String then said, "Not all the parking. We only need five (5) of the sixteen (16) spots to handle the required parking for this project:' Manager McLemore mentioned, 'The only discussion we ever had was- you were going to advance fund the street and we were going to reimburse you for the street. We did not talk about allocation, as I recall about parking spaces. So, if that was the essence of what we negotiated, in this Agreement - if the Commission doesn't agree to that Agreement, then they need to vote against it-or amend it:' "I AM GOING TO MAKE A MOTION TO PASS OVER THIS, SEND IT BACK TO ST AFF AND HAVE THEM BRING IT BACK TO US WITH AN APPROPRIATE ANALYSIS OF THE DOLLARS THAT HAVE TO BE SPENT." MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR MILLER. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER McLEOD: AYE DEPUTY MAYOR MILLER: AYE MOTION CARRIED. Commissioner Blake then said to Mr. String, 'These other buildings, the additional buildings, what kind of uses do you envision there?' Mr. String stated, 'Retail:' Commissioner Blake then said, 'Traffic counts?' Mr. String responded, 'The study has been done and submitted for Staff.' Commissioner Blake then asked, ''And were okay as far as any levels going out on to a non-arterial non-collect'or road- direct access?' Mr. String noted, "I think Staff has made a recommendation to approve the Concept Plan and they have the Traffic Study in hand; and I think the Traffic Study showed that this is not going to have a negative impact on that intersection:' Commissioner Blake added, "I don't have any problem with the project at all, as it is depicted here, as long as Uses are very neighborhood friendlY:' Mr. String said, 'Thafs what we are trying to do:' fX. "1 ~ --: ~ fal-d ~ c:> ~~-- ~ ~ R- ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 22, 2004 PAGE 28 OF 33 "I WILL MAKE A MOTION THAT WE APPROVE THE CONCEPT PLAN ON THE TUSCA WILLA [TOWN] SQUARE." MOTION BY COMMISSIONER McLEOD. MAYOR BUSH ADDED, "SECONDED BY COMMISISONER MILLER." DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. REGULAR 505. Not Used REGULAR 506. Community Development Department - Planning Division Requests That The City Commission Consider A Conceptual Development Plan For A Retail Development On A 6.4 Acre Site In The Town Center, On The South Side Of The Mobil Station Between Tuskawilla Road And State Road 434. Ms. Sahlstrom introduced opening remarks related to this Agenda Item. Tape 4/Side B Mr. Scott Boyd, Boyd Development Corporation, 7565 West Sand Lake Drive, Orlando, Florida: addressed the City Commission on this Agenda Item and stated, 'We do not have a problem with the two (2) story height of the buildings; the required heights we will certainly adhere to, that is stipulated in your Town Center guidelines. Thafs not a problem. We have frankly never contemplated that the parking spaces on the public right-of-way would be allowed, but frankly just tried to show something that was consistent with what we saw in your diagrams. Discussion. Mr. Boyd said, 'They all actually appear to be functioning two (2) story buildings- what we proposed to Mr. McLemore was that two (2) of the four (4) buildings on the Tuscawilla Road side, would actually be functioning two (2) story buildings:' Further discussion. Ilil I ~ ; ~ B-d ~ ~ <=:) [R~ ~ ~ t.;;".;I CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 22, 2004 T\ 4 ,-.,~ "l" ............ "" rJ-\UC ~';I vr ~J Deputy Mayor Miller said, 'Thafs what we are trying to get - we are trying to get pedestrians. I would like to see some thought given to things that make it nice for people to hang around, and you have a few of those shown here:' Furthermore, Deputy Mayor Miller suggested, ''I would like to see some thought given to things that might make it nice for people to want to just sit down:' Commissioner Blake complimented Mr. Boyd and added, ''I would be a little happier if the parking lot area next to Walgreen's that fronts [State Road] 434 wasn't fronting [State Road] 434, if that could somehow be replaced with a structure:' Furthermore, Commissioner Blake added, "A two (2) story is really important, and it is really important along-the edge, the road way. And the parapet isn'tas nice, and that is better than just some roof that is coming out from the one (1) story level, but, you have to have some level of activity up there, and I appreciate the discussion to have two (2) buildings over here on the Tuscawilla [Road] side, but I think in conjunction with that to make it work, you have got to have this small building-next to the Walgreen's or whatever it happens to be-a functional two (2) story building as well. There may be a way to have some parallel parking along this bottom edge drive, perhaps- while it is not the most desirable parking, it is still additional capacity that would offset what is drawn in but clearly won't occur over on Tuskawilla Road:' Commissioner Blake added, ''From where I sit, I would not be against allowing parallel parking on that roadway, in fact I think that road is going to be an important road to use some Traffic Calming features:' Commissioner McGinnis said, ''I am also concerned about just two (2) of the units - being occupied. I don't agree that the one over by Walgreen's is necessarily the best place for the third one:' Deputy Mayor Miller remarked to Mr. Boyd, "If you come in here, and you bring in a rendition of Walgreen's, and if ifs not something that could immediately changed into something else, I am not going to vote in favor of it:' Next, Deputy Mayor Miller said, ''I will make the Motion that we approve in concept the- Conceptual Development Plan taking into consideration the comments made by the various Commissioners with regard to issues pertinent to the plan:' In regards to the two (2) story issue, Commissioner Blake said, "In my opinion, the place where a two (2) story is most critical, in terms of an operating two (2) story, is on that bricked portion of Tuskawilla - the main street portion - north of [State Road] 434. That is where I think it is most critical; as well as along [State Road] 434 as you are coming into or going out of the Town Center." il I ~- ; b ~~- My ~ :.::.u ~ w ['.~- ~ L-.J lL-I CITY OF WINTER SPRINGS MfNUTES CITY COMMISSION REGULAR MEETfNG - NOVEMBER 22, 2004 n"~r.;,,, ilr." I r\.\Jl.J..JV VI' J..} Mr. Boyd commented, 'The most northerly building on Tuskawilla to have the second story space - I can't do it above the Walgreen's, but we could do it with the other building to the south there on [State Road] 434, and the northerly most, because that would help perhaps the view from the intersection; so we're not locked in Councilmen, to the Tuskawilla side:' Mr. James "Jed" Downs, AlA, NCARB, Vice President, Cuhaci & Peterson, Architects, 1220 Alden Road, Orlando, Florida: addressed second floor and elevator requirements, and related building issues. Manager McLemore stated, ''1 would like to have some additional discussion with the Developer here, and leave this issue of a second floor unresolved right now:' "I WILL MAKE A MOTION THAT THE COMMISSION MAKE A FINDING THAT THEY LIKE THIS CONCEPTUAL PLAN AND THAT THE TWO (2) STORY ISSUE WILL REMAIN OPEN UNTIL NEXT MEETING." MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR MILLER. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. .:. .:. AGENDA NOTE: THE FOLLOWING REPORTS WERE DISCUSSED IN THE ORDER DOCUMENTED. .:. .:. REPORTS REPORTS 600. Office Of The City Attorney - Anthony A. Garganese, Esquire Attorney Garganese noted that he had enjoyed working with Commissioner McLeod. Tape 5/Side A REPORTS 601. Office Of The City Manager - Ronald W. McLemore Manager McLemore also mentioned the pleasure of working with Commissioner McLeod. ""- I ~ ; ~ ~ ;;g c::t ~~ l.*'~ fb.- -..... ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 22, 2004 n...r-r..." r'\r "'I" r rtUC J 1 VI' JJ REPORTS 602. Office Of The City Clerk - Andrea Lorenzo-Luaces . City Clerk Andrea Lorenzo-Luaces said to the City Commission, "I mentioned at the last Meeting that I needed to get the 'Certificate of the Elections" to the newly Elected Officials; and then provided the 'Certificate of the Elections' to Mayor Bush. City Clerk Lorenzo-Luaces also mentioned that it has indeed been a pleasure working with Commissioner McLeod. REPORTS 603. Commission Seat Two - Michael S. Blake Commissioner Blake spok~ to Commiss~oner McLeod on several items and mentioned that he had also enjoyed working with Commissioner McLeod. REPORTS 604. Commission Seat Three - Donald A. Gilmore Absent. REPORTS 605. Commission Seat Four - Sally McGinnis Commissioner McGinnis also complimented Commissioner McLeod. Next, Commissioner McGinnis said, "Our Parade was wonderful, the whole weekend was wonderful. There were a lot of kids who worked very hard on floats and Mayor, I thought it might be nice if we could - I am sure that Parks and Recreation [Department] have a list of everybody that participated-if we could just send a letter of community participation~' Mayor Bush added, "A Thank you letter for each?' Commissioner McGinnis responded, "Yes - we are looking forward to their continued'~ Mayor Bush continued, :',Th we have that information Ron [McLemore]?' Manager McLemore said, 'Yes, we have a lisC Mayor Bush added, ''Sure, we'll do that-it is a good idea-Good idea, Commissioned' Lastly, Commissioner McGinnis noted, "Thank you Mayor for your suggestion for our Holiday Lunch~' I : ~ ~ ~ ~ ~ l:-:J ~ ""- II ,/ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 22, 2004 PAGE 32 OF 33 REPORTS 607. Office Of The Mayor - John F. Bush Mayor Bush spoke on his proposed Holiday Luncheon and with discussion on possible dates, Mayor Bush summarized, Monday, ''December 20th - Tuscawilla Country Club- Noon:' Commissioner McGinnis added, 'That will be the only event that we will have:' Mayor Bush added, "Bring your spouses:' Secondly, Mayor Bush spoke of the City Commission photographs,'Would 5:30 [P.M.] on Monday, January 24th work for everybody?' Furthermore, Mayor Bush added,"Let Ms. [Joanne] Krebs know. If she has got a problem, we will just have to address it at our next Meeting:' Thirdly, Mayor Bush remarked about a response he wrote to the Seminole Chronicle on a recent Editorial, and then distributed a copy of his letter. Lastly, Mayor Bush thanked Commissioner McLeod for his service. REPORTS 608. Commission Seat One/Deputy Mayor - Robert S. Miller Deputy Mayor Miller also complimented Commissioner McLeod and spoke for the record about Commissioner McLeod's other interests. Next, Deputy Mayor Miller brought up the request from earlier in the Meeting, regarding a donation to the Winter Springs High School Band Boosters. With discussion on providing to charitable organizations, Mayor Bush mentioned that he had'Told Ms. Storie - she should contact each one of you to see if you wanted to make a personal donation:' REPORTS 606. Commission Seat Five - David W. McLeod Commissioner McLeod commented on "A piece of parcel that you go to split-right now, you have to have it plotted': Ms. Sahlstrom noted, :'.You have to go through the regular Subdivision Plat process..:' Commissioner McLeod added, :'.W1ich in some cases, you may not need to do that, and I believe that that Plat process could be eliminated under certain cases Ron [McLemore], which would speed the process up, cost the applicant a lot less money and I believe Mr. Baker has written an Ordinance for that - not for this City.': Ms. Sahlstrom noted, :'.fur Lake Mary, he wrote just a simple Lot Split provision that was added to the Code and we could do that here if you - support that option:' rc I !-~ : ~ ~ ~ ~ .. """"-1 ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 22, 2004 PAGE 33 OF 33 Commissioner McLeod stated,'What I would like to do is to ask Ron [McLemore], that you would take a look at that, and that the Commission take a look at that, because that is a means to-shortcut some of the process that is very expensive sometimes for somebody to have to go through~' Lastly, Commissioner McLeod said,''Ijust want to say thank you to your Staff, to all the employees of Winter Springs- it has been a - pleasure to be able to sit here and debate with some of the Staff members and yet end up having a good working relationship when it was over- also with the citizens of Winter Springs- 1 have been very privileged to be able to serve the citizens for as long as 1 have~' Commissioner McLeod further complimented the City Commission and Charter Officers, and then said to Manager McLemore, "1 would appreciate it if you would let all your Department Heads know that 1 really appreciate working with them-and thank them! Thank your' ADJOURNMENT Mayor Bush adjourned the Meeting at approximately 1 :37 a.m. RESPECTFULLY SUBMITTED: ANDREA LORENZO-LUACES, CMC CITY CLERK APPROVED: JOHNF. BUSH MAYOR NOTE: These Minutes were approved at the , 2004 Regular City Commission Meeting. ~ ~ ~~ ~ ~ ~ C ~ ~ t:..;......J t:::J