Loading...
HomeMy WebLinkAbout_2005 03 28 City Commission Regular Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING MARCH 28, 2005 CALL TO ORDER The Regular Meeting of Monday, March 28, 2005 of the City Commission was called to order by Mayor John F. Bush at 6:30 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Note: Due to technical difficulties, portions of the audio recording may not be audible, thus not all tapes have a Side "A" and a Side "B". ROLL CALL: Mayor John F. Bush, present Deputy Mayor Michael S. Blake, present Commissioner Robert S. Miller, present Commissioner Donald A. Gilmore, present Commissioner Sally McGinnis, present Commissioner Joanne M. Krebs, present City Manager Ronald W. McLemore, present. City Attorney Anthony A. Garganese, present A Moment of Silence was followed by the Pledge of Allegiance. Under "Agenda Changes", regarding Agenda Item "509", Mayor Bush stated, "Mr. McLemore when will we have that back?" City Manager Ronald W. McLemore stated, "Next Meeting." PUBLIC INPUT Mr. George W Seely, 211 Birch Terrace, Winter Springs, Florida: commented on taping City Commission Meetings. Discussion ensued regarding taping City Commission Meetings. Commissioner Joanne M. Krebs stated, "1 support whatever kind of communication to the public we can have. 1 think that it is a good idea." Commissioner Donald A. Gilmore stated, "1 can certainly support the video record. 1 think that if we move that way, we need to consider whether we just want a video of the whole proceeding, of the whole group up here as one picture, or are we going to have an operator who is going to have to zoom in on certain aspects of the Meeting." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 28, 2005 PAGE 2 OF 24 Discussion. Mayor Bush stated, "I think I certainly support the taping of the Meetings; the Seminole County television - the public television of Seminole County - would be glad to run these Meetings." Mayor Bush said, "The Commission - would ask the Manager to talk with Seminole County - to get some idea of costs - is that the consensus from everybody?" With discussion, Deputy Mayor Michael S. Blake said to City Attorney Anthony A. Garganese "I believe that there was a requirement in all the Franchise Agreements?" Attorney Garganese stated, "I believe so. You have the right to tape the Meetings." Deputy Mayor Blake added, "I believe Oviedo had something that was even beyond that in a private agreement with Brighthouse Networks." Mayor Bush noted, "So, I think the Commission is in agreement that we would ask the Manager to look into this further and come back with particulars on costs?" Commissioner Krebs remarked, "I would want to know when - when we could get it going." Commissioner Robert S. Miller stated, "I would like to see the Manager come back with some data on how many people actually watch, if that is available - City Commission Meetings." Furthermore, Commissioner Miller added, "I would like to see some data on how many people actually log on to cities for their Commission Meeting." Discussion ensued on utilizing a video tape of the Meetings as official Minutes. Mayor Bush recognized former City of Winter Springs City Commissioner David W. McLeod who was in the audience. Mr. Paul Rosu, 2106 Kilamanjarro Court, Apopka, Florida: spoke on Agenda Item "500" and referenced a letter dated February 18, 2004, that had been sent to the City Commission. Mr. Tom Corkery, 759 Bear Creek Circle, Winter Springs, Florida: commented on property available for construction of office space in Winter Springs. AWARDS AND PRESENTATIONS AWARDS AND PRESENT A TIONS 100. Office Of The Mayor Presentation Of Resolution 2004-16 To Dick Taylor In Memory And Recognition Of Lorie Taylor, And For Her Service On The Oak Forest Wall and Beautification District Advisory Committee. Mayor Bush presented Resolution 2004-16 to Mr. Dick Taylor in honor of Lorie Taylor's service to the City of Winter Springs. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 28, 2005 PAGE 3 OF 24 CONSENT AGENDA CONSENT 200. Utility Department Requesting Supplemental Appropriation From The Utility Enterprise Fund And Authorization For The Repair Of The 8" Sewer Main Adjacent To 643 Murphy Road. No discussion. CONSENT 201. Fire Department Requesting Authorization To Accept A Local Foundation Grant For $13,000.00 To Purchase An All-Terrain Vehicle And Trailer For Patient Transport And To Authorize A Supplemental Budget Appropriation For Equal Amount. Brief discussion. CONSENT 202. Finance Department Requesting The City Commission Authorize A Supplemental Appropriation For Fiscal Year 2004-2005 In The Amount Of $2,200.00 For The Bank Draft Utility Bill Payment Method (ACH [Automated Clearing House] Debit) Approved On August 23, 2004. Discussion. CONSENT 203. Office Of The City Manager Requesting The City Commission To Approve A Supplemental Appropriation Of $13,000.00 For Design And Annexation Studies Related To The City's Possible Reconstruction, Operations, Acquisition, And Annexation Of Soldier's Creek Park. With discussion on how this property would be used, Commissioner Krebs stated, "When we have that Study for Soldier's Creek, could we also find out if we do nothing to it, and we just make it 'Practice Fields' or use it as 'Practice Fields', how much that would cost us also in that Study, Ijust want to know that also." Manager McLemore remarked, "We can take a look at what would be involved just to keep it as 'Practice Fields' as part of an analysis - that wouldn't be difficult to do." Commissioner Gilmore suggested, "I am wondering if we couldn't consider the 'Dog Park' in that?" Manager McLemore stated, "We can look at that." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 28, 2005 PAGE 4 OF 24 CONSENT 204. Finance Department Requesting The City Commission Approve The Use Of RapidPay And Authorize A Supplemental Appropriation For Fiscal Year 2004-2005 In The Amount Of $2,400.00 To Pay For The Service. No discussion. CONSENT 205. Office Of The City Clerk Requesting Approval Of The March 14,2005 Regular Meeting Minutes. This Agenda Item was not discussed. CONSENT 206. Office Of The Mayor Resolution Number 2005-17 - A Resolution Of The City Of Winter Springs, Florida, Expressing Appreciation To Dick Taylor For His Service On The Oak Forest Wall and Beautification District Advisory Committee. There was no discussion on this Agenda Item. CONSENT 207. Information Services Requests Authorization For A Supplemental Appropriation In The Amount Of $4,750.00 For A Municipal Broadband System Feasibility Study For The City Of Winter Springs. Commissioner Sally McGinnis stated, "I would like to thank Mr. Blake for your advocacy in Tallahassee on behalf of this." Commissioner McGinnis added, "I just think we need to move ahead with this as much as we can, but I do appreciate your advocacy on this." Commissioner Krebs stated, "While we are doing the 'Feasibility Study' for the City of Winter Springs, would it be possible to also include just the Town Center area. If something happened where we cannot do all of Winter Springs, could we include the Town Center?" Manager McLemore stated, "I am certain we can do that." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 28, 2005 PAGE 5 OF 24 CONSENT 208. Public Works Department - Stormwater Division Updating The City Commission About The Total Maximum Daily Load (TMDL) Program, A Federally Required Water Quality Program Administered By The Florida Department Of Environmental Protection (DEP) Under The Florida Watershed Restoration Act And Authorize The Mayor To Send A Letter To Our Legislative Delegation Making Them Aware Of The Need For State And Federal Funding. With discussion, Commissioner Gilmore stated, "I want to make sure that the development today that we now know that we have a problem we're going to take care of today." Mr. Kip Lockcuff, P.E., Director, Public Works/Utility Department stated, "We can take a look and see what it would take." With discussion, Commissioner Gilmore stated, "I would personally suggest that we do the maximum. That we anticipate the requirements to be in the future." Further discussion ensued, and Commissioner Miller stated, "We need to get a Legal Opinion on this; and when we draft this letter, we need to put them on notice." Tape 2/Side B [Note: Due to technical difficulties, portions of this tape may not be audible] Discussion. CONSENT 209. Office Of The City Manager Requesting The City Commission To Approve A Supplemental Appropriation From General Fund Reserves In The Amount Of $5,000.00 To Fund Preliminary Design And Cost Studies Related To The Potential Construction Of A Seminole County Branch Library In The Winter Springs Town Center. No discussion. Mayor Bush stated, "Any further questions on the Consent Agenda? If not, can we have a Motion?" "MOVE TO APPROVE." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 28, 2005 PAGE 6 OF 24 VOTE: DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE FOLLOWING CONSENT AGENDA ITEM WAS FURTHER DISCUSSED AS DOCUMENTED, FOLLOWED BY THE REST OF THE AGENDA. .:..:. CONSENT AGENDA CONSENT 206. Office Of The Mayor Resolution Number 2005-17 - A Resolution Of The City Of Winter Springs, Florida, Expressing Appreciation To Dick Taylor For His Service On The Oak Forest Wall and Beautification District Advisory Committee. Mayor Bush presented Mr. Dick Taylor with Resolution 2005-17 for his service to the City of Winter Springs through his contributions to the Oak Forest Wall and Beautification District Advisory Committee. Mr. Taylor addressed the City Commission. INFORMATIONAL AGENDA INFORMATIONAL 300. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. Brief discussion. Deputy Mayor Blake noted different spellings of Lake J esup. INFORMATIONAL 301. Not Used. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 28, 2005 PAGE 7 OF 24 INFORMATIONAL 302. Not Used. INFORMATIONAL 303. Public Works Department Advising The City Commission Of The Status Of Various Capital Improvement Projects. This Agenda Item was not discussed. INFORMATIONAL 304. Police Department Informing The Commission Of Its Grant Award Of $5,569.00 From Florida Department Of Law Enforcement. No discussion. INFORMATIONAL 305. Office Of The City Manager Informing The Commission Of James Doran Company's Contribution To Last Year's Holiday Festivities. There was no discussion on this Agenda Item. Mayor Bush stated, "Anything else - on Informational Agenda? If not, can we have a Motion?" "MOTION TO APPROVE." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 28, 2005 PAGE 8 OF 24 PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 400. Community Development Department - Planning Division Requests The City Commission Consider Waiver Requests By Oscar And Teresa Carnero From Portions Of Sections 20-482., 20-483., 20-485., 20-488., And 20-489. For Conversion Of An Existing Single Family Residence At 506 West SR (State Road) 434, In The SR (State Road) 434 Redevelopment Overlay Zoning District. Mr. John Baker, AICP, Senior Planner, Community Development Department presented this Agenda Item. Discussion. Commissioner Gilmore stated, "My concern is primarily with the amount of parking - that concerns me." Further discussion ensued on Handicapped Parking and other parking space issues. Mayor Bush opened the "Public Input" portion of this Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of this Agenda Item. "I MOVE THAT WE ACCEPT THE WAIVERS AS RECOMMENDED BY STAFF REQUIRING THE - SPILLAGE FOR OFF-SITE LIGHTING AND INCLUDING A BICYCLE RACK" MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. "I MAKE AN AMENDMENT TO THE MOTION THAT REMOVES THE BIKE RACK REQUIREMENT." AMENDMENT TO THE MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: (ON THE AMENDMENT TO THE MOTION) COMMISSIONER KREBS: NAY COMMISSIONER GILMORE: NAY DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: NAY COMMISSIONER McGINNIS: NAY MOTION DID NOT CARRY. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 28, 2005 PAGE 9 OF 24 VOTE: (ON THE MAIN MOTION) COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. Further discussion ensued on the bicycle rack. PUBLIC HEARINGS 401. Not Used. PUBLIC HEARINGS 402. Not Used. PUBLIC HEARINGS 403. Community Development Department - Planning Division Requests The Commission Hold A Public Hearing For Second Reading/Adoption Of Ordinance 2005-09 Which Revises The "R-3 Multi-Family" Zoning District's Permitted And Conditional Uses. Attorney Garganese read Ordinance 2005-09 by "Title" only. Ms. Eloise Sahlstrom, AICP, AS LA, Senior Planner, Community Development Department presented this Agenda Item. Mayor Bush opened the "Public Input" portion of this Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of this Agenda Item. "I WILL MAKE A MOTION TO APPROVE (ORDINANCE 2005-09)." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 28, 2005 PAGE 10 OF 24 VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER KREBS: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE DEPUTYMAYORBLAKE: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 500. Office Of The City Attorney/Office Of The City Manager At The City Commission's Request, The City Attorney And City Manager Are Presenting Section 9-3., City Code, For Review And Consideration. After Review And Consideration, The City Commission May Direct That The City Attorney Work With City Staff To Prepare An Ordinance That Will Propose An Amendment To Section 9-3. Attorney Garganese presented this Agenda Item. Tape 3/Side A [Note: Due to technical difficulties, portions of this tape may not be audible] With discussion, Deputy Mayor Blake inquired of Attorney Garganese, "Has all land in Winter Springs been platted?" Furthermore, Deputy Mayor Blake said, "We certainly need to make sure that the appropriate infrastructure is put into place by the entity that is developing property to the higher degree it is - we need to make sure that happens." Discussion. Deputy Mayor Blake stated, "Are we using this Code all the time and consistently and fairly, if we did this before?" Manager McLemore stated, "I would like to look at that further." Further discussion. "I RECOMMEND THAT WE ADOPT PART 'b)' UNDER THE 'STAFF RECOMMENDATION'." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. DEPUTY MAYOR BLAKE NOTED, "WE HAVE TO LOOK AT THIS AND REVIEW THIS SECTION OF CODE - HOW IT AFFECTS THE ENTIRE CITY, ALL PROPERTY IN THE CITY, NOT JUST IN THE RANCHLANDS." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 28, 2005 PAGE 11 OF 24 VOTE: COMMISSIONER MILLER: NAY COMMISSIONER GILMORE: AYE COMMISSIONER KREBS: NAY DEPUTY MAYOR BLAKE: NAY COMMISSIONER McGINNIS: AYE MOTION DID NOT CARRY. "I WOULD LIKE TO MAKE A MOTION THAT WE DIRECT STAFF TO REVIEW AGAIN IN MORE DEPTH GIVEN THE ADDITIONAL DISCUSSION WE HAD TONIGHT CODE SECTION 9.3., ANY RELATED CODES AND THEIR EFFECT CURRENT DEVELOPMENT, CURRENT PROPERTIES AND FUTURE DEVELOPMENT OF PROPERTIES, INCLUDING ALL THE QUESTIONS RELATED TO SUBDIVISION REQUIREMENTS, INFRASTRUCTURE REQUIREMENTS AND DIVIDING OF LOTS PREVIOUSLY PLATTED AND BRING THAT BACK TO US WITH RECOMMENDATIONS." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER MILLER. DISCUSSION, VOTE: COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE DEPUTYMAYORBLAKE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. REGULAR 501. Police Department - Code Enforcement Bureau Requests The Commission To Review Information Regarding The David Drive Right-Of-Way In The City Of Winter Springs. Captain Glenn Tolleson, Police Department presented this Agenda Item. Deputy Mayor Blake remarked, "Did we know that this right-of-way was not in the City - when we had the initial request to vacate it?" Captain Tolleson noted, 'This was new information when it was handed over to us to investigate what was going on." Manager McLemore stated, "If you want us to go forward and try to acquire it." Manager McLemore asked, "Do you want us to bring it back, and look at the option of taking it?" Deputy Mayor Blake stated, "Do we want the whole thing or do we want just the both sides of Winter Springs and half where Casselberry also borders on it?" Manager McLemore answered by stating, "We'll look at that." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 28, 2005 PAGE 12 OF 24 Commissioner McGinnis stated, "1 would like to have it come back with all those options. 1 also think there were some people that appeared before us because they asked for access to the right-of-way." Furthermore, Commissioner McGinnis stated, "Do they know that is a Seminole County piece of property?" Captain Tolleson stated, "That, 1 don't know." Commissioner McGinnis stated, "1 would like to investigate our options here to acquire that." Captain Tolleson asked, "The entire length of it or the nine hundred (900) plus feet?" Commissioner McGinnis stated, "Both - 1 would like two (2) proposals. " Mayor Bush remarked, "Don't you think that we should also work with Casselberry on this as well?" Commissioner McGinnis stated, "Absolutely." "I MOVE THAT CODE ENFORCEMENT, I BELIEVE WOULD BE THE APPROPRIATE ENTITY, TO WORK WITH THE CITY OF CASSELBERRY AND THE COUNTY, BUT COME BACK TO US WITH OPTIONS FOR ACQUIRING ALL OR A PART OF THAT LAND." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. REGULAR 502. Community Development Department - Planning Division And Office Of The City Manager Wish To Provide A List Of Names Of Property Owners Within The Rural Transitional Land Use Study Area For City Commission Consideration As They Make Appointments To The East Rural Area Property Owner Advisory Committee (ERAPOC). Manager McLemore presented this Agenda Item. Discussion. CITY OF WINTER SPRINGS, FWRIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 28, 2005 PAGE 13 OF 24 "I WOULD SUGGEST - THAT A LETTER FROM THE MAYOR AND THE COMMISSION WOULD GO TO EVERYBODY ON THAT LIST. SEND THEM A COPY OF THE RESOLUTION, FOR ONE THING; ASK THEM TO INDICATE TO US WHO IS INTERESTED IN SERVING." COMMISSIONER McGINNIS ADDED, "I WOULD ALSO ASK THAT THEY NOT ONLY INDICATE THEIR DESIRE TO SERVE ON THIS ADVISORY COMMITTEE, BUT STATE A REASON WHY. WE WILL JUST HAVE TO TAKE THE DATA, AND GO THROUGH IT AND PICK." MOTION BY COMMISSIONER McGINNIS. DEPUTY MAYOR BLAKE STATED, "THAT IS A GOOD IDEA." SECONDED BY DEPUTY MAYOR BLAKE. DISCUSSION. MAYOR BUSH STATED, "COMMISSIONER McGINNIS' RECOMMENDATION IS THAT WE FORMULATE A LETTER TO THE PEOPLE INDICATED ON THE INFORMATION THAT THE MANAGER PROVIDED, WITH A COPY OF THE RESOLUTION AND ASKING THEM IF THEY WISH TO SERVE, AND FOR THEM TO GIVE US SOME INDICATION OF WHY THEY WOULD WANT TO SERVE." MANAGER McLEMORE REMARKED, "I WILL NEED TO PUT A DEADLINE ON IT." COMMISSIONER McGINNIS STATED, "YES." DEPUTY MAYOR BLAKE STATED, "ABSOLUTELY." MANAGER McLEMORE STATED, "DO YOU WANT - TWO (2) WEEKS FROM THE DATE WE GET THEM OUT?" COMMISSIONER McGINNIS STATED, "YES." COMMISSIONER McGINNIS SUGGESTED THAT THE NUMBER OF SLOTS AVAILABLE ALSO BE MENTIONED IN THE LETTER. VOTE: DEPUTY MAYOR BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE COMMISSIONER GILMORE: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. REGULAR 503. Office Of The City Manager Requesting That The City Commission Approve The Sale Of One Of The Three Remaining City Owned Townhouse Located At 118 Kristi Ann Court In Moss Cove To Bidders Mark Bush, John Bush And Kay Bush. Mayor Bush turned the gavel over to Deputy Mayor Blake and left the dais. Mayor Bush then addressed the City Commission from the floor. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 28, 2005 PAGE 14 OF 24 Commissioner McGinnis stated, "For the record - I would like to know, was this property advertised?" Manager McLemore stated, "These properties have been Multi-listed." Furthermore, Manager McLemore said, "It's been a public process." Discussion ensued on related costs. Further discussion. "I WOULD LIKE TO SUGGEST THAT WE CONSIDER PUTTING A - SO WE CAN GET THIS THING GOING - WE SAY A MAXIMUM OF FIVE THOUSAND DOLLARS ($5,000.00)." COMMISSIONER GILMORE ADDED, "ANYTHING OVER FIVE [$5,000.00] YOU BRING IT BACK TO THE COMMISSION." MOTION BY COMMISSIONER GILMORE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: NAY COMMISSIONER McGINNIS: AYE MOTION CARRIED. Mayor Bush returned to the dais and accepted the gavel backfrom Deputy Mayor Blake. REGULAR 504. Office Of The City Attorney Approve Final Development Order Regarding Eagle Bay Wood Products, Incorporated. Attorney Garganese presented this Agenda Item. Mr. Patrick K. Rinka, Esquire, Lowndes Drosdick Doster Kantor & Reed, P.A., 215 North Eola Drive, Orlando, Florida: spoke to the City Commission on behalf of the Property Owners. With discussion, Deputy Mayor Blake said, "Perhaps there is some way to build in an additional safeguard that would allow for the sale, to have a different owner come in with some safeguard or some surety bond, performance bond, some other protective measure that as long as they operate it and just want to go out to the end of the fifteen (15) years and understand that that is the end - it still sunsets." Further discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 28, 2005 PAGE 15 OF 24 Deputy Mayor Blake suggested that a line be added regarding "Transferability is limited." Deputy Mayor Blake continued, "'Controlling interest in Eagle Bay to a non- family member, proposed new owner must apply to the City Commission for a consent under the law applicable at the time of the proposed transfer. At that point, can we place some language that suggests that it would take a - Special Circumstance to deny that application, to wit some breach of the Agreement over the previous time that it has been enforced; some exercise that may be contrary to the spirit of the Agreement, over that time frame? In other words, if they show good Faith through the period of time that they hold it." Attorney Garganese added, "We can put in there, some language like - consent will not unreasonably be withheld provided that Eagle Bay was in compliance with the Development Order..." Deputy Mayor Blake added, ".. .Full compliance..." Attorney Garganese then noted, ".. . Provided - the transferee becomes a signatory to the Development Order and be bound by the terms and conditions." "I WOULD LIKE TO MAKE A MOTION THAT WE AUTHORIZE THE CITY ATTORNEY TO AMEND THE DEVELOPMENT ORDER TO ADD THE LANGUAGE WE JUST SPOKE ON SECTION 'CONCLUSIONS OF LAW', 'B. 1)' IN THE PARAGRAPH." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. DEPUTY MAYOR BLAKE ADDED, "I ONLY ADD AGAIN THAT THE FIFTEEN (15) YEAR TIME FRAME HAS NOT CHANGED." VOTE: DEPUTY MAYOR BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: NAY MOTION CARRIED. Tape 4/Side A [Note: Due to technical difficulties, portions of this tape may not be audible] REGULAR 505. Community Development Department Requests The City Commission Approve The Proposed Second Modification To The Barclay Reserve Development Agreement. Mr. Baker presented his opening remarks. With discussion, Commissioner Gilmore commented, "I would sure like to start seeing some cross-sectional views of this." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 28, 2005 PAGE 16 OF 24 Mr. Brian Potts, Ashton Woods Homes, 2450 Maitland Center Parkway, Maitland, Florida: stated, "The building is actually going to stay in the same location along the back line here. What is going to happen is because the retaining wall is four (4) - inches shifted closer to the property line, in effect your patio is going to be four (4) inches longer. So, the issue isn't the building. We can build the building in the same location with relation to the property line; the driveways are going to be the same length. The issue with shifting is actually four (4) inches this way toward the wetland because this is the only section of the retaining wall that actually works as foundation wall for the building; and we actually have steel beams sticking up out of the wall right now. They are going to be tied into the wall of the building when we construct it." Furthermore, Mr. Potts stated, "It is not actually the Surveyor's fault it is actually the architect." Mr. Potts added, "Our other option is to tear the wall down rebuild it and sue the Architect and make them pay for it." Commissioner Miller stated, "I would like to see this come back. I would like to listen to more information on this. I would also like to hear from our Legal Counsel next Meeting, what the responsibilities are of surveyors, and people like this." Mayor Bush asked, "Why can't you just correct it? Mr. Potts then explained, "That is the other option - is tear the wall down and - it's not actually the Surveyor's fault, it's actually our fault." Discussion. Commissioner Miller noted, "I am going to make it very clear that next time it happens, I am not going to agree to any of these unless they totally re-do it." "I WOULD LIKE TO MAKE A MOTION THAT WE GO FORWARD WITH THE SECOND MODIFICATION OF THE DEVELOPMENT AGREEMENT. IF THERE IS A THIRD MODIFICATION, THIS COMMISSION SHOULD AGREE AT THIS TIME THAT IT WILL COME WITH SUBSTANTIAL PENALTY." MOTION BY DEPUTY MAYOR BLAKE. MOTION FAILED FOR LACK OF A SECOND. DISCUSSION. "I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE THE SECOND MODIFICATION OF THE DEVELOPERS AGREEMENT FOR THE BARCLAY RESERVE DEVELOPMENT. MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 28, 2005 PAGE 17 OF 24 VOTE: COMMISSIONER MILLER: NAY COMMISSIONER KREBS: NAY COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. REGULAR 506. Community Development Department Requests The Commission Consider A Revised Conceptual Development Plan For A 160 (Was Previously 170) Unit Town-House Development, To Be Known As Jesup's Reserve, On 11 (Eleven) Acres In The Down Town, Located On The South Side Of SR (State Road) 434, Between The Winter Springs Automotive Site And Tuskawilla Road (The Site Does Not Extend East To Tuskawilla Road). Mr. Baker presented this Agenda Item and noted, "We did receive their Engineering Plans, we do have the Traffic Reports that came in at the end of last week. I have not had a chance to review them. That is something we are going to be looking at." Mayor Bush stated, "Mr. Corkery, you will get that extra's' out of Jessup (Jesup) for us?" Mr. Tom Corkery, 759 Bear Creek Circle, Winter Springs, Florida: responded, "Yes." With discussion, Mr. Corkery stated, "The City came back to us and asked us if we would make some changes to this and which we agreed to, because we love to work with you. We wanted to see better things here; so we re-designed the Project under other recommendations from your City Consultants - this new design is a combination of your Fire Department's recommendations, some of your Planning Department, and Dover Kohl [& Partners]. And so we've come up with this. We have ten (10) less units than has already been approved and more open space than we had. Not only is there a swimming pool in the open space, but also a Clubhouse - as a recreational amenity; and we have a beautiful landscape design; that's also been in front of you. Probably don't remember it, but it will probably be in front of you at sometime to do an Aesthetic Review, and things of that nature." Manager McLemore said to Mr. Corkery, "We talked about having a fountain in this Retention Pond, right..." Mr. Corkery stated, "... Yes.. ." Manager McLemore stated, "...And we are committed to that..." Mr. Corkery stated, "...Absolutely..." Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 28, 2005 PAGE 18 OF 24 Commissioner McGinnis stated, "Could you accommodate - parking for the '4th of July' here?" Mr. Corkery stated, "Yes." "I MAKE A MAKE A MOTION TO DENY IT." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: DEPUTY MAYOR BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: NAY COMMISSIONER GILMORE: AYE COMMISSIONER KREBS: NAY MOTION CARRIED. "I WOULD LIKE TO MAKE A MOTION THAT WE RECONSIDER THE QUESTION." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. "I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE ITEM '506'." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER KREBS: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BLAKE: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 28, 2005 PAGE I90F24 REGULAR 507. Community Development Department Requesting The City Commission Consider And Approve A Final Engineering/Site Plan For The Conversion Of An Existing 1,100 Square Foot Residence On 0.17 Acre Site To An Office, Subject To Certain SR (State Road) 434 Redevelopment Overlay Zoning District Waivers. Mr. Baker briefly presented this Agenda Item. "I MAKE A MOTION THAT WE APPROVE ITEM '507' AS WRITTEN." MOTION BY COMMISSIONER GILMORE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER GILMORE: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. REGULAR 508. Office Of The City Manager Requesting Direction Related To The Glen Eagle Homeowner's Association Desire To Install Decorative Street Signs. Manager McLemore presented this Agenda Item. Tape 5/Side A [Note: Due to technical difficulties, portions of this tape may not be audible] Manager McLemore stated, "My suggestion is that we come to you with an Agreement to provide for a maintenance program; and that I think the way this would work best is for us to control the process, do the job, have them prepaying for the construction ahead of time. " Deputy Mayor Blake remarked, "I agree with everything you said in the methodology that you discussed. What I don't see in this, we had a discussion at the same time about the streetlighting - and I believe we had - Winding Hollow, I have been asking you about and also one of the Highlands that has been floating around for a while. And, I had hoped that this Item would have brought back a discussion of funding options for those neighborhood initiatives as wel1." Manager McLemore stated, "I think when we bring this Contract back to you that we can apply it across the board to all improvements." CITY OF WINTER SPRINGS, FWRIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 28, 2005 PAGE 20 OF 24 Furthermore, Deputy Mayor Blake stated, "A little bit different with streetlighting than with signage because you have an ongoing cost that is payable to another entity." Manager McLemore stated, "I think we can certainly - come back to that maybe at the next Meeting. But, I thought your urgency was to deal with the sign issue." Deputy Mayor Blake stated, "The urgency was to deal with all three (3) of them in a sense of methodology problem." Manager McLemore added, "I understand your question about - how does the power company get paid." Furthermore, Manager McLemore stated, "But we can come back to you again with a suggestion on that." Commissioner Krebs stated, "I understand that we did question the Highlands as well as Winding Hollow. I did understand that the urgent matter was with this subdivision because they had the money ready, willing to pay - but, I would like to get the information for the others too." Next, Commissioner Gilmore suggested that "We don't tie these people down, - that we get on with this project as quickly as possible." Manager McLemore stated, "If we are not forced to go to formal bidding, for example if we can go out and take quotes, and you were comfortable with that - will help solve a lot." "I MAKE A MOTION THAT WE APPROVE [AGENDA ITEM] '508' AND USE SECTION '2.', 'City Servin!! as - Construction Mana!!er' AND AUTHORIZE THE CITY MANAGER TO WORK WITH THE HOMEOWNER'S ASSOCIATION AND PROCEED TO GET THE JOB DONE IN ACCORDANCE WITH ITEM '2'." MOTION BY COMMISSIONER GILMORE. DEPUTY MAYOR BLAKE STATED, "DOES THAT INCLUDE TO BRING BACK THE ADDITIONAL INFORMATION ON THE MAINTENANCE AGREEMENT..." COMMISSIONER GILMORE STATED, "...YES..." DEPUTY MAYOR BLAKE STATED, "...AND THE MECHANISM TO PROVIDE LIGHTING IN OTHER COMMUNITIES..." COMMISSIONER GILMORE REMARKED, "...1 WOULD NOT TIE THE LIGHTING TO THIS AGREEMENT OR WE WILL NOT GET IT DONE." SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 28, 2005 PAGE 21 OF 24 REGULAR 509. Office Of The City Manager Requesting The City Commission To Review Information Regarding The City Manager's Annual Evaluation In Performance Year "9", November 1, 2003 Through October 31,2004, And To Take Action It Deems Appropriate. As noted at the beginning of this Meeting under "Agenda Changes", this Agenda Item was "Pulled". REPORTS REPORTS 600. Office Of The City Attorney - Anthony A. Garganese, Esquire No Report. REPORTS 601. Office Of The City Manager - Ronald W. McLemore Regarding the Solid Waste Agreement, Manager McLemore stated, "We have done a substantial amount on the Solid Waste Agreement." Furthermore, Manager McLemore stated, "We will probably be starting this process - within a couple weeks of making contact on all the issues." Regarding the night lighting on the bridge, Manager McLemore stated, "Thank you for allowing us to put in the conduit for future lighting. And I think you can begin to see now what potential there is to really making the bridge an asset to the community with - lighting. " Manager McLemore stated, "We have received the Final Report from Glatting Jackson [Kercher, Anglin, Lopez, Rinehart], on the [State Road] 434 - Town Center Study, and all the data has proved now to be very beneficial to our argument. Since it is a three- incher full of technical data I have chosen not to copy it for you, unless you indicate to me individually you would like to have a copy; and maybe you just want to come take a look at it." Manager McLemore added, "It is in my office." REPORTS 602. Office Of The City Clerk - Andrea Lorenzo-Luaces No Report. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 28, 2005 PAGE 22 OF 24 REPORTS 603. Commission Seat Three - Donald A. Gilmore Commissioner Gilmore stated, "I think the engineering people need to be cognizant of the stormwater drainage problems, especially in the Town Center." Commissioner Gilmore added, "And make sure that we are doing everything reasonable to mitigate any pollution problems." Secondly, Commissioner Gilmore brought up the recent "Relay for Life" event and turned it over to Chief of Police Daniel J. Kerr. Chief Kerr spoke on the monies raised (approximately forty-two thousand dollars ($42,000.00); and added, "Thank you all for your support." REPORTS 604. Commission Seat Four - Sally McGinnis Commissioner McGinnis inquired for the Record about the "Tazer" policy regarding children. Chief Kerr stated, "We have a very strict policy on the use of 'Tazers'. Actually, we have had Tazers here in Winter Springs probably the longest of any jurisdiction. Not only in Seminole County, but including Orange County." Chief Kerr continued, "There is a strict policy on age, weight, not only for Juveniles, but also for Senior Citizens. And, we have immediate response of EMT's (Emergency Medical Technician's) to the scene of a use of a 'Tazer' just to check out the suspect to make sure that they are physically okay." Secondly, Commissioner McGinnis spoke on the deadlines for City Commission packets, and stated, "I will get a call that the packet is ready Wednesday, but on Friday afternoon there is an Item being held over." Commissioner Krebs stated, "We have been getting them late - or pieces of them." Furthermore, Commissioner McGinnis stated, "We get pieces of them. I don't like getting pieces of them. We can't get them all together?" Manager McLemore stated, "As I have told you all - I am perfectly willing, if everything is not there on Wednesday's, say it is not going..." Commissioner McGinnis stated, ". . . Unless it is a real crisis." Manager McLemore added, "I am not aware of the Agendas not going out after Wednesday. There may be a situation where some of the information wasn't there." Commissioner McGinnis added, "I am not saying the Agendas didn't go out. There is a late Agenda Item that we always have to pick up later, that is all." Regarding a 'Clothes Drop' at the "Old" Eckerds' location, Commissioner McGinnis asked the Code Enforcement Department, "I have seen a big, white box that says 'Clothes Drop'." Captain Tolleson stated, "I can find out." Commissioner McGinnis added, "Cindy Gennell had surgery. She is recovering - non- emergency, but painful surgery. I am sure she would appreciate a card." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 28. 2005 PAGE 23 OF 24 REPORTS 605. Commission Seat Five - Joanne M. Krebs Commissioner Krebs stated, "I turned in some pictures from 'Relay for Life' that I took when I was there - to Debbie [Franklin, Deputy City Clerk], if you want to put them up on the Website that is fine." Commissioner Krebs added, "Also, this 'Insight' piece that was in your packet, I pulled that out of - the Sunday paper." Furthermore, Commissioner Krebs stated, "It kind of follows what we are doing." REPORTS 606. Office Of The Mayor - John F. Bush A. Discussion Of Noise From Events Mayor Bush stated, "Regarding the "Relay for Life" event last Friday and Saturday, we did get a concerned citizen who lives in St. Johns Landing indicating that the music was exceptionally loud, very early in the morning." Mayor Bush added, "I think on weekends though that should be looked at." Captain Tolleson stated, "We are going to look at the next Permitting on those Special Events so that it doesn't start prior to seven (7:00 a.m.)." Deputy Mayor Blake stated, "I would agree with what the Mayor said." Mayor Bush added, "It is good that we would look into that because that is a legitimate concern and should be addressed." Next, Mayor Bush stated, "I am going to actually be out of town April 13th through the 18th and there are some events that I would like to have the Deputy Mayor, or if not Deputy Mayor - one of the Commission Members attend. I believe the Mayor/Manager Meeting is - that Thursday the 14th [April] - I think that is correct; and that is in Sanford. And then on Sunday the 1 ih [April] is the Breast Cancer Run out at the Central Winds Park; and over the past two (2) years, I have started that event and it would be nice to have someone there representing the City to start the event." Mayor Bush added, "If - Deputy Mayor Blake can cover those and if he cannot, maybe another Commissioner can attend that would be very he1pfu1." Mayor Bush remarked to Deputy City Clerk Franklin that "I thought that anything I get goes to all the Commissioners too. You might just - show them that." REPORTS 607. Commission Seat One - Robert S. Miller Commissioner Miller mentioned that he attended the recent National League of Cities Conference in Washington, D.C., and spoke of some of the issues covered. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 28, 2005 PAGE 24 OF 24 Next, Commissioner Miller added, "Our main issue up there was, 'Don't cut the Development Block Grant' - Community Development Block Grants. That was the number one issue that we were pushing, don't cut this - it passed through the House, but it passed by 218 to 214 'Against' - passed by four (4) votes. The rest of them are being cut." Furthermore, Commissioner Miller stated, "1 think we need to start thinking in terms of how we are going to protect our community to maintain the level of service we are maintaining - right now when all the money has helped us with these Federal programs is no longer going to be around. This is the first year. It is going to get much worse next year. Our deficit is quite large - and getting much larger." REPORTS 608. Commission Seat Two/Deputy Mayor - Michael S. Blake No Report. ADJOURNMENT Mayor Bush adjourned the Meeting at approximately 10:25 p.m. RESPECTFULLY SUBMITTED: ANDREA LORENZO-LUACES, CMC /'1 .'7 A{(;I;({?~R/L-d(;: ~ DEBBIE FRANKLIN DEPUTY CITY CLERK APPROVED: 2:;~ ~~- HN F. BUSH MAYOR NOTE: These Minutes were approved at the April II, 2005 Regular City Commission Meeting.