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HomeMy WebLinkAbout2007 08 13 Consent 203 Approval of the July 23, 2007 Regular Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING JULY 23, 2007 CALL TO ORDER The Regular Meeting of Monday, July 23, 2007 of the City Commission was called to Order by Mayor John F. Bush at 5:15 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 Sally McGinnis, present Commissioner Robert S. Miller, present Commissioner Rick Brown, present Commissioner Donald A. Gilmore, present Commissioner Joanne M. Krebs, present via telephone (during some of this Meeting) City Manager Ronald W. McLemore, arrived at 5:16 p.m. City Attorney Anthony A. Garganese, arrived at 5:19 p.m. A moment of silence was followed by the Pledge of Allegiance. City Manager Ronald W McLemore arrived at 5:16 p.m. Mayor Bush spoke of an article in Money Magazine naming the City of Winter Springs as being the 31 st best City in the United States. .:..:. AGENDA NOTE: THE FOLLOWING INFORMATIONAL AGENDA ITEMS WERE DISCUSSED IN THE ORDER DOCUMENTED. .:. .:. INFORMA TIONAL AGENDA INFORMATIONAL 101. Community Development Department Informing The Commission Regarding The Status Of The City's Economic Development Efforts. Manager McLemore stated, "I am going to hold '101' until we meet tomorrow night and give you that update then." Mayor Bush then said, '" 10 l' is pulled and it will be on the Agenda for tomorrow's Meeting." City Attorney Anthony A. Garganese arrived at 5: 19 p. m. ~ ~ ~ c::::> ~ ~ ~d ~ ~ CITY OF WINTER SPRINGS, FLORIDA NINUTES CITY COMMISSION REGULAR MEETING - JULY 23, 2007 PAGE 2 OF 23 INFORMATIONAL 100. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. City Attorney Anthony A. Garganese arrived at 5: 19 p. m. Deputy Mayor Sally McGinnis referenced page 6 and mentioned that Seminole County had put Jetla Point on hold. Next, Deputy Mayor McGinnis noted item (33) on page 13. Manager McLemore said, "It is my understanding that the Commission wants to advertise tomorrow night's Meeting as a Special Meeting and bring this thing up as an emergency item." Deputy Mayor McGinnis stated, "Yes, I do." Mayor Bush stated, "Do we have a Motion to that effect?" Commissioner Joanne M Krebs was present on the telephone at 5:22 p.m. "SO MOVED." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. MAYOR BUSH SUMMARIZED, "TO HAVE A SPECIAL MEETING TOMORROW NIGHT TO ADDRESS THIS ITEM WHICH IS NUMBER (33) ON ITEM '100'." VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER BROWN: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. Commissioner Krebs was no longer connected via telephone at approximately 5:25 p.m. Discussion. Commissioner Robert S. Miller suggested that the words "Strip center" in this Agenda Item need to be replaced. Suggestions offered included "Commercial center." ~ 1'-_ -Ill. ~ ~;.... c::::> ~ e-. ~ ~c: :,....-; ~ CITY OF WINTER SPRINGS, FLORIDA NINUTES CITY COMMISSION REGULAR MEETING - JULY 23, 2007 PAGE 3 OF 23 INFORMATIONAL 102. Parks And Recreation Department Informing The City Commission That Winter Springs Parks And Recreation Is Highlighted In The July, 2007 Sports Field Management Publication. There was no discussion on this Agenda Item. Mayor Bush stated, "Can we have a Motion then for approval?" "SO MOVED." MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR McGINNIS. DISCUSSION. MAYOR BUSH ST A TED, "MOTION TO APPROVE THE INFORMATIONAL AGENDA MINUS '101'." VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER BROWN : AYE DEPUTY MAYOR McGINNIS: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE FOLLOWING CONSENT AGENDA ITEM WAS DISCUSSED AND VOTED ON INDIVIDUALLY, AS DOCUMENTED. .:..:. CONSENT AGENDA CONSENT 201. Community Development Department - Urban Beautification Services Division Requesting Authorization To Award Improvement Grants Under The FY (Fiscal Year) [20] '06/[20] '07 Neighborhood Improvement Grant Program (NIP). Discussion. "MY MOTION IS THAT THE CITY MANAGER WILL FOLLOW-UP AND SEE THAT ALL NOTICES OF THE BEAUTIFICATION GRANT IS SENT TO EVERY HOA (HOMEOWNER'S ASSOCIA TION) THAT WE HAVE ON FILE IN THE CITY." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. ~ ~,J~ ~~ c:::') ~:: ~.; ~ ~ ~ ~ CITY OF WINTER SPRINGS, FLORIDA NINUTES CITY COMMISSION REGULAR MEETING - JULY 23, 2007 PAGE 4 OF 23 VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. .:. .:. AGENDA NOTE: THE REMAINDER OF THE CONSENT AGENDA WAS DISCUSSED NEXT, FOLLOWED BY THE REST OF THE AGENDA, AS DOCUMENTED. .:. .:. CONSENT AGENDA CONSENT 200. Office Of The City Manager Requesting That The City Commission Confirm The Consensus Of The City Commission Regarding The Designation Of Mayor John F. Bush As Our "Voting Delegate", To Represent The City Of Winter Springs At The Upcoming Florida League Of Cities Annual Conference. No discussion. CONSENT 202. Public Works Department Requesting City Commission Approval Of A Plan To Correct Pavement Deficiencies On Winter Springs Boulevard, Phase I. Brief discussion. Commissioner Krebs was present on the telephone at 5:29 p.m. CONSENT 203. Police Department Requesting Commission Approval And Acceptance Of A Donation From Tuscawilla Home Owners Association In The Amount Of $3,450.00 To Purchase Three External Defibrillators. Commissioner Donald A. Gilmore mentioned for the Record that resident Jim Mathews had assisted with these defibrillators. Mayor Bush said, "If the Commission has no objection, I will write a letter thanking Mr. Mathews and the THO A (Tuscawilla Homeowner's Association) for their contribution." Deputy Mayor McGinnis added, "Absolutely. " ~~ ~j ::;;;~;:;;1i!I!!I C::::~~ ~""~ ~'<'1! CL4'J ~ ~~ ~"" ~>4l ~ CITY OF WINTER SPRINGS, FLORIDA NINUTES CITY COMMISSION REGULAR MEETING - JULY 23, 2007 PAGE 5 OF 23 Commissioner Krebs was no longer connected via telephone at 5:34 p.m. Commissioner Gilmore also brought up, "Under the recommendation, it says - this thing is written for defibrillators, but it says under recommendations, 'Approve the donation from Tuscawilla Home Owner Association for Police canines'." Mayor Bush noted, "That needs to be corrected - donation from Tuscawilla Homeowner's Association for the defibrillators. We will make that change to that item on '203'." CONSENT 204. Public Works Department Requesting Approval Of The City Hall Gas Tank Removal. This Agenda Item was not discussed. CONSENT 205. Public Works Depa'rtment Requesting Approval Of The Fourth Amended And Restated Lease Agreement With Springs Land Jessup Shores Joint Venture For The Central Winds Park Entrance Road. Brief discussion. CONSENT 206. Utility Department Requesting The City Commission Approve The Wholesale Water And Sewer Agreement With Seminole County. Discussion. CONSENT 207. Community Development Department - Urban Beautification Services Division Requesting Authorization For A Supplemental Appropriation In The Amount Of $2,000.00 For Installation Of The Chief Timothy J. Lallatkin Memorial At Central Winds Park. No discussion. ~~t~~ C~ ~':llt~ ~ ~"':l>;.m -ofI ~ CITY OF WINTER SPRINGS, FLORIDA NINUTES CITY COMMISSION REGULAR MEETING - JULY 23, 2007 PAGE 6 OF 23 CONSENT 208. Public Works Department Requesting Approval To Enter Into A Contract With Southland Construction, Inc. For The Construction Of Central Winds Parkway, Phase 1 Piggybacking Off Of Seminole County's 2007 Public Works Construction Contract CC-I075-061. Brief discussion. CONSENT 209. Finance Department Requesting Authorization From The City Commission To Piggyback Off Of The City Of Melbourne, Florida's Contract With Advanced Xerographies Imaging Systems (AXIS), Inc. For Utility Bill Printing Services. There was no discussion on this Agenda Item. CONSENT 210. Finance Department And Information Services Department Requesting Authorization From The City Commission For An Emergency Supplemental Appropriation In The Amount Of $19,645.00 To Purchase And Install A New Server, Migrate To A New Windows/SQL Operating System For The MUNIS Financial Software And Merge The Purged Data Back Into The System. Ms. Michelle Greco, Director, Finance Department spoke on this Agenda Item. "I WOULD LIKE TO MAKE A MOTION THAT - THE CITY MANAGER PROVIDE US WITH AN ESTIMATE OF HOW MANY TOTAL AREAS WE ARE GOING TO BE REQUESTED TO DRAW ON THE GENERAL FUND FROM, BETWEEN NOW AND 30 SEPTEMBER." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER BROWN. DISCUSSION. MAYOR BUSH SUGGESTED, "THE MOTION TO HAVE MAYBE A RUNNING TOTAL OF THESE KIND OF THINGS THAT COME UP AND THEN SHOW THE BALANCE OF THE GENERAL FUND AND THAT WE'RE STAYING WITHIN THE PRESCRIBED..." COMMISSIONER MILLER RESTATED HIS MOTION WHICH WAS "...1 WOULD LIKE TO KNOW WHAT DRAWS ON THE GENERAL FUND THAT MAY COME BEFORE US BETWEEN NOW AND THE 30TH OF SEPTEMBER FROM ANY QUARTER, THAT THE CITY MANAGER IS A WARE OF." ~ ~ ~~~ C:::'J ~". .~..- ~~""I ,~... :\l-~"<I!l ~<5.""'" ~i'l ~ ~ ;-=:: CITY OF WINTER SPRINGS, FLORIDA NINUTES CITY COMMISSION REGULAR MEETING - JULY 23, 2007 PAGE 7 OF 23 VOTE: COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: NAY COMMISSIONER BROWN: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. CONSENT 211. Information Services Department Requests Authorization To Purchase Necessary Equipment And Software To Provide An Immediate Disaster Recovery Solution For Email System. Funds For This Project Are Already Budgeted. No discussion. CONSENT 212. Office Of The City Clerk Requesting Approval Of The July 9, 2007 Regular City Commission Meeting Minutes. There was no discussion on this Agenda Item. CONSENT 213. Office Of The City Clerk Requesting Approval Of The July 16, 2007 Special City Commission Meeting Minutes. This Agenda Item was not discussed. "MOVE TO APPROVE CONSENT AGENDA." MOTION BY COMMISSIONER GILMORE. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: DEPUTY MAYOR McGINNIS: AYE COMMISSIONER BROWN: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. "'""""''''''''r; iIlz""""""-'T)il! ~~:] ~S's.;r,,-~'J~ C~~ lil""""~",,,,"ilI iIl-w,.""ll! ::.:;~ fl,:~~ ~"'-'I _4 r~ :-;;; CITY OF WINTER SPRINGS, FLORIDA NINUTES CITY COMMISSION REGULAR MEETING - JUL Y 23, 2007 PAGE 8 OF 23 .:..:. AGENDA NOTE: THE FOLLOWING AWARDS AND PRESENTATIONS WERE DISCUSSED IN THE ORDER DOCUMENTED. .:. .:. AWARDS AND PRESENTATIONS AWARDS AND PRESENT A nONS 301. Office Of The City Manager Presentation By The Seminole County Regional Chamber Of Commerce. Mr. Andrew Van Gaale, 239 Scott Avenue, Sanford, Florida: spoke on behalf of the Seminole County Regional Chamber of Commerce, about Mayor Bush and our membership. Ms. Bev Winesburgh, Product Marketing Group, Inc., 978 Douglas Avenue, Altamonte Springs, Florida: commented on the Seminole WAY effort. AWARDS AND PRESENT A nONS 300. Office Of The City Manager Presentation By The Seminole WAY Committee. Mr. Frank S. loppola, Jr., Esquire, 3403 Foxmeadow Court, Longwoocl, Florida: spoke about the Seminole WAY initiative. Tape I/Side B Continuing, Mr. Ioppola commented, "Weare here tonight, to ask you not for your money, but to ask for your support." Mr. Ioppola added, "We want to be your partner." Further discussion. Mr. Mike McLean, Seminole County, Commissioner, Board of County Commissioners of Seminole County, 1101 East First Street, Sanford, Florida: commented on the Money Magazine article and the Seminole WAY effort. Discussion. Mayor Bush said, "At our next - Regular Meeting, I will be bringing a Resolution that hopefully our Commission will approve, for support of this. We can then present it the Seminole County Commission on August 28th." -t:::.:;) 11('="',"<'-"''''. """""""""'''I ~~ ~i1 ~::\: ~ ;----j CITY OF WINTER SPRINGS, FLORIDA NINUTES CITY COMMISSION REGULAR MEETING - JULY 23, 2007 PAGE 9 OF 23 Mayor Bush called a Recess at 6:11 p.m. The Regular Meeting reconvened at 6:29 p.m. .:..:. AGENDA NOTE: THE FOLLOWING PUBLIC HEARINGS AGENDA ITEMS WERE DISCUSSED PRIOR TO REPORTS, AS DOCUMENTED. .:. .:. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Not Used. PUBLIC HEARINGS 501. Community Development Department - Planning Division And Public W 0 rks/U tility Departm en t Requests The City Commission Hold A Public Hearing For 2nd Reading And Adoption Of Ordinance 2007-11, A Large Scale Comprehensive Plan Text Amendment (DCA No. 07-RWSPI) Amending The Text Of The Future Land Use (FLU) Element, Conservation Element, Capital Improvements Element, And Infrastructure Element Based On Data And Analysis Found In The City's Water Supply Plan 2007 And Which Incorporates The City's Water Supply Work Plan As Required By Florida Statute 163.3177. Attorney Garganese read the Ordinance by "Title" only. Ms. Sahlstrom spoke briefly on this Agenda Item. Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. "MOTION TO APPROVE ORDINANCE 2007-11." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: DEPUTY MAYOR McGINNIS: AYE COMMISSIONER BROWN: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. ~=...~ &:;.,"1b~ ~;;~ c=~~) tf"""'Iv'~ _",:w,W1I{! F~ lIiJIw<J:Ilio_i<!f t:~"<4 _-..<0(1 ~-'\1' -~ ~- ;----. CITY OF WINTER SPRINGS, FLORIDA NINUTES CITY COMMISSION REGULAR MEETING - JULY 23, 2007 PAGE 10 OF 23 REPORTS REPORTS 400. Office Of The City Attorney - Anthony A. Garganese, Esquire Attorney Garganese commented on insurance bidding procedures. REPORTS 401. Office Of The City Manager - Ronald W. McLemore Manager McLemore stated, "You had asked for more information on the Fire Assessment Fee that we discussed some with the fact forming committee and in open Budget sessions." Manager McLemore said, "If we are willing to meet tomorrow night then Robert Sheets who is the person who knows more about this than anyone - is available to come and talk to you tomorrow night about that." Mayor Bush noted, "Is there any reason Mr. McLemore can't present this?" Deputy Mayor McGinnis stated, "I will be here." Commissioner Gilmore said, "I won't." With no objections, Mayor Bush then said, "Put that on the Agenda as well." Manager McLemore added, "There will be a written presentation to give you." REPORTS 402. Office Of The City Clerk - Andrea Lorenzo-Luaces, CMC City Clerk Lorenzo-Luaces mentioned that this evening, she would be posting tomorrow's Special Meeting. REPORTS 403. Commission Seat Five - Joanne M. Krebs Absent. REPORTS 404. Office Of The Mayor - John F. Bush Mayor Bush spoke of a letter he received congratulating the City on the 4th of July and the information related to Property Tax Reform issues. e::::. 1&:=>")1'''''#;'' g.1~n~W"Jtkll ;~Jrt~~l4 ~::~~"","'41 <ll'l!'!;""""'~ ~.'dI,.",;i ~:""-',il' ~ ~ CITY OF WINTER SPRINGS, FLORIDA NINUTES CITY COMMISSION REGULAR MEETING - JULY 23, 2007 PAGE II OF 23 Next, Mayor Bush mentioned a letter from Rob Wiley about a memorial tree planting program. Manager McLemore stated, "Steve (Richart, Urban Beautification Division Services, Community Development Department) and I will talk about it - we'll think through that." Furthermore, Manager McLemore noted, "We'll bring back an Agenda Item when we have a chance to look at it." ~:;} ~':rii1t('_.~7':;~ -'~"-!5 _e~\t:t ". rb~'2~<!1 1"1'"><'11 r.."""~"~ Mayor Bush noted a congratulatory memo from John Ashworth regarding the Money magazine article and said we should take advantage of their offer and asked if the City Commission supported this. Tape 2/Side A Mayor Bush commented, "I think we should take advantage of their offer to do something for that. Is that something the Commission would want to do?" Deputy Mayor McGinnis replied, "Yes." Commissioner Miller said, "Absolutely." Discussion. Deputy Mayor McGinnis remarked, "It would be nice if they could do a special feature in one their articles about Winter Springs." Mayor Bush replied, "I think that is what they intend to do. Well, if there is no objections, then I will talk to John (Ashworth) and say 'Yes, we are all for it. What can we do to help you do it'?" REPORTS 405. Commission Seat One - Robert S. Miller Commissioner Miller commented on the robbery of the Cumberland Farms store. Mayor Bush added, "Chief [of Police Daniel 1.] Kerr - I think myself as well as the Commissioners - we are very pleased with the quick response and action that the Police Department took in apprehending these individuals and that was great. So, pass that onto the Officers who were involved. I think we forget sometimes how dangerous Police work can be when you have got corral people - who have guns." Mayor Bush continued, "Karen Williams sent me - a mention of Winter Springs in a recent issue of the New York Times. It was an article about eagles; and there was a picture of an eagle taken here in our City. So, I thought that was kind of unique." Lastly, Mayor Bush thanked Commissioner Rick Brown for providing the coffee tonight. CITY OF WINTER SPRINGS, FLORIDA NINUTES CITY COMMISSION REGULAR MEETING - JULY 23, 2007 PAGE 12 OF 23 REPORTS 406. Commission Seat Two - Rick Brown Commissioner Brown noted that the City of Winter Springs is a member of the Oviedo- Winter Springs Chamber of Commerce and suggested that someone should attend their luncheons which are held on the third Thursday of each month at the Tuscawilla Country Club. Next, Commissioner Brown spoke about a letter that was received from the Seminole County Manager on the Dyson Drive issue. Mayor Bush added, "I think along that line we should contact the Commissioners on this issue." Manager McLemore said, "We actually did. We sent them a Resolution - you mean contact them again?" Mayor Bush replied, "Yes." Commissioner Brown said, "Individually." Continuing, Commissioner Brown mentioned a Town Hall Meeting he held in Hacienda Village and asked for an update on a restoration project. The current Leadership Seminole project and a related article was addressed next by Commissioner Brown. Commissioner Brown then mentioned an upcoming Fall Festival Committee meeting which is being held on the 31 5t of July at 4:30 p.m. at Maria Fair's office. REPORTS 407. Commission Seat Three - Donald A. Gilmore Commissioner Gilmore also commented on the Dyson Drive sidewalks and safety issues. Manager McLemore replied, "I think it's going to take individual work - from the Elected Officials on this because - I am sure it is on their list of cuts - and all the other things. They've got the same problems we've got. And there being kind of split support for it tends to put it in a lower priority. But it wouldn't hurt to make contacts. And I will do the same at the administrative level also." Next, Commissioner Gilmore noted collector roadslhigh traffic roads in our City and related safety concerns. Mayor Bush suggested, "I would be glad to go and address the County Commission on this issue. Maybe take our Resolution." With further comments, Mayor Bush continued, "At their next regularly scheduled meeting, I will try to get on the Agenda and - emphasize our Resolution." CITY OF WINTER SPRINGS, FLORIDA NINUTES CITY COMMISSION REGULAR MEETING - JULY 23, 2007 PAGE 13 OF 23 REPORTS 408. Commission Seat FourlDeputy Mayor - Sally McGinnis Deputy Mayor McGinnis also commented on the letter pertaining to Dyson Drive. Secondly, Deputy Mayor McGinnis mentioned data she had provided the City Commission on child abuse cases and stated, "The question was asked well, what are the numbers. So, I can give you those numbers. Last year it was fifty-five (55). That is just for your information." Thirdly, Deputy Mayor McGinnis spoke of the City Newsletter and suggested banner headlines and our Money Magazine ranking. PUBLIC INPUT Mr. Rory Frazier, 673 Wishaw Lane, Winter Springs, Florida: as the President of the Casa Park Villas Homeowner's Association, Mr. Fischer asked the City Commission to revisit the Ordinance regarding screen room enclosures. Mayor Bush asked, "I think having this as a Future Agenda Item would be appropriate." Manager McLemore replied, "Sure." Mayor Bush asked, "So, Commission is in agreement?" Deputy Mayor McGinnis said, "I agree." Commissioner Miller asked, "What is the issue here?" Mayor Bush replied, "I think that is why we need to have it as an Agenda Item." Mayor Bush continued, "It will get on the Agenda so the Commission can have some information on this before they talk about it." Mr. Fraser commented, "And I'll provide Mr. Stevenson will all that information." Mayor Bush replied, "Thank you." "DO WE NEED A MOTION TO PUT THAT ON?" MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR McGINNIS. DISCUSSION. MAYOR BUSH SAID, "MOTION TO PUT IT ON THE AGENDA AT THE NEXT REGULAR SCHEDULED MEETING." ~ ~lJ~l ~~;;~ t==~ ~~~~~ 09"""1'> ~n~~~ ~ -;e:e,: ~ ~ CITY OF WINTER SPRINGS, FLORIDA NINUTES CITY COMMISSION REGULAR MEETING - JULY 23, 2007 PAGE 14 OF 23 VOTE: COMMISSIONER BROWN: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER MILLER: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. Mr. Jeff McCall, Winter Springs Professional Firefighter's ssociation: representing the Fire Union, Mr. McCall spoke of projects they are involved with and Fire Department needs. Mr. Edward Martinez, Jr., 205 Little Creek Lane, Winter Springs, Florida: commented on the approval of the Ad Hoc Winter Springs Citizen Property Tax Reform Mitigation Study Committee Minutes. Mr. Paul P. Partyka, 934 Contravest Lane, Winter Springs Florida: spoke about Pentwater, Michigan; introduced people with Oviedo-Winter Springs Regional Chamber of Commerce; and recognized Attorney Garganese as one of the top 100 Attorneys in Florida. Mr. Tom Waters 1033 Antelope Trail, Winter Springs, Florida: remarked about Agenda Item "605". .:. .:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS DISCUSSED INDIVIDUALLY, FOLLOWED BY THE REMAINDER OF THE AGENDA, AS DOCUMENTED. .:. .:. REGULAR AGENDA REGULAR 606. Community Development Department - Planning Division Requests That The City Commission Give Consent To The Transfer Of The Eagle Bay Development Order For Parcel #03-21-31-300-0040-0000, Located On Cress Run (Immediately West Of DeLeon Street), To Mr. David Lockhart Who Is Purchasing The Assets Of Eagle Bay Wood Products Inc. And Intends To Continue The Operations Already In Place (The Manufacture Of Wood Cabinets And Similar Type Furniture). Ms. Eloise Sahlstrom introduced this Agenda Item. Discussion. ~~ ~ CITY OF WINTER SPRINGS, FLORIDA NINUTES CITY COMMISSION REGULAR MEETING - JULY 23, 2007 PAGE 15 OF 23 Mr. David Lockhart, 4081 Chuluota Road, Orlando, Florida: said, "I fully intend to continue the operation as it is and I'm aware of that particular note and agree to abide by it. " Commissioner Miller said to Mr. Lockhart, "You would agree to that - no retails sales at the location?" Mr. Lockhart responded, "That's fine." "I MAKE A MOTION WE APPROVE IT, APPROVE ITEM '606' - WITH THE AGREEMENT - THE GENTLEMAN, THAT HE WILL CONTINUE TO COMPLY WITH NO RETAIL SALES AT THE LOCATION." MOTION BY COMMISSIONER MILLER. MAYOR BUSH STATED, "SECONDED BY DEPUTY MAYOR McGINNIS." DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE FOLLOWING PUBLIC HEARINGS AGENDA ITEMS WERE DISCUSSED NEXT, FOLLOWED BY THE REST OF THE AGENDA. .:. .:. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 502. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For An Amendment To The Previously Approved West End Offices Aesthetic Review, To Include The Buffer Wall At The Rear Property Line. West End Offices Is Under Construction At 1135 East State Road 434 In The Town Center. Ms. Sahlstrom addressed the City Commission regarding this Agenda Item. Tape 2/Side B Discussion. Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. a"""""'"'''' ft"~>>i~cyJ;~ ~?- ; .~~J ~'"\11~~~{~ ;~~ ~:~~~'~~~~K: ""'~"'"'il fiIf''''"'<: ~':~~~~ ""--'l: -~.. ~- ~ CITY OF WINTER SPRINGS, FLORIDA NINUTES CITY COMMISSION REGULAR MEETING - JULY 23, 2007 PAGE 16 OF 23 "MOTION TO APPROVE." MOTION BY COMMISSIONER BROWN. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER GILMORE." DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER BROWN : AYE MOTION CARRIED. REGULAR AGENDA REGULAR 600. Office Of The City Manager Requests The Commission To Consider Authorization Of A One Time Economic Development Partnership Grant To The University Of Central Florida For The Purpose Of Expanding The Business Incubator Program Into Winter Springs. Manager McLemore spoke on this Agenda Item. Mr. Tom Corkery, 759 Bear Creek Circle, Winter Springs, Florida: commented on this issue and discussed the time line for occupancy in the buildings. Discussion. Deputy Mayor McGinnis said, "In the information packet we have, it states that the Director of the UCF (University of Central Florida) Incubator Program indicates that eight thousand square feet (8,000') is what they need to reach the critical mass for successful program and that is the eight thousand feet (8,000'). Further, and of course obviously, it says they would like to have a full 13,000' and then it goes on and says that 'Tom Corkery has committed to construction of the second building' if the City commits to eight thousand feet (8,000') option." Mr. Corkery said, "I am going to guess that's a typo because - nobody has ever discussed that with me." Mr. Corkery replied, "That's not correct." Much discussion. ~ I:.~ ~ c::~ f:~~ ~,,~ ~ t::.'-<< ~ ~ ~ CITY OF WINTER SPRINGS, FLORIDA NINUTES CITY COMMISSION REGULAR MEETING - JULY 23, 2007 PAGE I70F23 Mayor Bush said to Manager McLemore, "This two hundred thousand dollars ($200,000.00) comes out of the General Fund." Manager McLemore noted, "Comes out of General Fund Reserves. It does not come out of the operating stream of your Budget." Further discussion. "I AM GOING TO MAKE A MOTION THAT WE TAKE A STEP FORWARD TO SECURE THE FUTURE OF WINTER SPRINGS AND OUR ECONOMIC AND APPROVE THE TWO HUNDRED THOUSAND DOLLARS ($200,000.00) THAT WILL BRING THE INCUBATOR HERE IN FULL FORCE." MOTION BY COMMISSIONER BROWN. MAYOR BUSH STATED, "MOTION TO APPROVE THE TEN THOUSAND SQUARE FEET (10,000') AT TWO HUNDRED THOUSAND [DOLLARS] ($200,000.00); AND ALSO, MR. CORKERY WOULD START A SECOND BUILDING." MAYOR BUSH NOTED "SECONDED BY COMMISSIONER GILMORE." DISCUSSION. VOTE: COMMISSIONER BROWN: AYE DEPUTY MAYOR McGINNIS: NAY COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: NAY MAYOR BUSH: AYE MOTION CARRIED. Manager McLemore asked, "Could 1 ask something on the Motion - does that includes the authority for the City Attorney and 1 to work out the actual Agreement itself with the University?" Manager McLemore replied, "I would assume that would be understood." Deputy Mayor McGinnis said, "I would think." REGULAR 601. Office Of The City Manager Requesting That The City Commission Approve Resolution No. 2007-29, Computing The Proposed Operating Millage Rate For Fiscal Year 2007-2008 At 4.2919 Mills And Voted Debt Service Millage Rate At 0.1022 Mills Or Some Other Rate The Commission Deems More Appropriate, Establishing The Rolled-Back Rate, And Setting The Date, Time And Place Of A Public Hearing To Consider The Proposed Millage Rate And Tentative Budget For Fiscal Year 2007-2008. Ms. Greco addressed the City Commission regarding this Agenda Item. ~ IIi'"': ......." j;.w~,~ ~~~ c:~:~ {j.'1I"Jtii<;,,,,,,,.':'fI ~\<;~ 'X"" ....~!;k"i;'<tI C~-ll! ~'d ~ :7=:> CITY OF WINTER SPRINGS, FLORIDA NINUTES CITY COMMISSION REGULAR MEETING - JUL Y 23, 2007 PAGE 18 OF 23 Discussion. "I MOVE THAT WE ACCEPT WHAT IS WRITTEN ON THE PAPER - SETTING THE CAP AT 4.2919." MOTION BY COMMISSIONER BROWN. MAYOR BUSH SAID, "AND ALSO THE DEBT SERVICE MILLAGE AT - .1022." MS. GRECO ADDED, "AS WELL AS THE ESTABLISHING THE DATE AND THE TIME OF THE PUBLIC HEARING TO SEPTEMBER 10TH, 2007 AT 5:15 P.M. AT CITY HALL." SECONDED BY DEPUTY MAYOR McGINNIS. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE MOTION CARRIED. Tape 3/Side A REGULAR 602. Community Development Department Requests The Commission Consider A Conceptual Development Plan For A 338 Unit Town-House And Patio Home Development On Approximately 47.09 Acres, Located On The South Side Of Shepard Road, North Of Florida Avenue, East Of Boat Lake, And Immediately Adjacent To The West Side Of The Wildwood Residential PUD (Planned Unit Development). Mr. John Baker, AICP< Senior Planner, Community Development Department addressed the City Commission regarding this Agenda Item. Mr. David Evans, Evans Engineering, 719 Irma Avenue, Orlando, Florida: addressed the City Commission and provided the City Commission with a document from Progress Energy. Commissioner Miller asked, "How many vehicles do you think will be going out of the development everyday onto Florida A venue? What did the traffic estimates show?" Mr. Evans replied, "We did do some preliminary estimates of what traffic would do. Obviously we compared it to when we were going through the Land Use process to the industrial development and showed a significant decrease in the residential versus industrial. ~ ~ ;;;~~~ ~=~:~~?~ ~"""",,,,,,';illl /..-~, 1IIi"""~' Il$ePciii",;,~ flFiW:~, .....~ ~~ ~ ;---. CITY OF WINTER SPRINGS, FLORIDA NINUTES CITY COMMISSION REGULAR MEETING - JULY 23, 2007 PAGE 19 OF 23 But we still need to run our study for both Florida [ Avenue] and the split between Florida [ Avenue] and Shepard [Road] and then the connections to [Highway] 17-92 and the other way to make sure that everything does work on the two (2) roadways. 1 couldn't make any preliminary estimates at this time; 1 haven't run those numbers." Discussion. Deputy Mayor McGinnis said, "This is the first time 1 have heard commercial being developed." Mr. Evans stated, "We don't propose Commercial in this community, inside the community." Further discussion. Mayor Bush asked, "You would rather do 'B' than 'A'?" Mr. Evans replied, "Reviewing both, 'A' was our choice intentionally." Deputy Mayor McGinnis stated, "It clearly states in 'A', requires planned residential communities to provide complimentary and compatible support commercial or industrial uses." Mr. Evans commented, "We have and we talked with Staff about that and that may - force us to the PUD 'B' option, but whichever option matches the current concept that we're proposing, will be the one we choose." Mr. Evans continued, "PUD either way." Mr. Baker continued addressing the City Commission regarding this Agenda Item and stated, "I noted that the Applicant proposes to modify their previous commitment on the western boundary to have a wall and 1 believe it was an eleven foot (II') wall in lieu of the berm and the wall. So, that is something we need to look at." On the Power Line Easement, Commissioner Gilmore said, "I don't see anything in here that allows you to use that as a playground. 1 see you can use it as a walking path." Mr. Evans replied, "We had a communication with Progress Energy, up until this afternoon. It takes them a little while to run through this process in a Conceptual review. Their - review typically is a formal application for a Permit - it's an agreement with them and 1 kind of gave you the form, the guidelines that they give you to do that. And what was explained to me is - what we're talking about here is usable open space so when you consider it a walking path or a dog path or even, when 1 was discussing it - and I'd refer to the name of the person at Progress Energy in the Report. But in - that you could use soccer fields, but - with plastic goals; not metal goals. c~~::;, ~"",,,,::iiif,. ~JJ>'",~ 1Ii!"~ ~~l t!Jii!'"'<~ ~,~ -et~ ~ : -, CITY OF WINTER SPRINGS, FLORIDA NINUTES CITY COMMISSION REGULAR MEETING - JULY 23, 2007 PAGE 20 OF 23 You can do open areas where you have - playground - not tot lots with structures sticking up vertical. You can have landscaping, bushes, shrubs, and trees; and I think they even give you the list in the guidelines of the type of trees and the things they allow in the easement area. So, under the Easement, as a passive recreation area, we feel confident that it will be developed that way. And it's just going through the process of getting Progress Energy's application for the use of that Easement to do so." Commissioner Gilmore added, "I look at potentially - to 500 kids in there. Where are they going to play?" Continuing, Mr. Evans explained, "That's not the only areas in the community that they have." Furthermore, Mr. Evans noted, "That large area in the center now, upwards of two (2) acres with the community center and that with the pool with a tot lot will contain all the amenities also for children to play. And then you're connected directly to Boat Lake and the perimeter of that, so we have those areas plus the Easement. " Additionally, Commissioner Gilmore inquired, "Is Boat Lake considered in this acreage to get your density?" Mr. Evans responded, "No." Commissioner Brown asked, "Is there going to be an HOA (Homeowner's Association)? A mandatory HOA (Homeowner's Association)?" Mr. Evans replied, "Yes. Absolutely. All the grounds including the areas in the paseos, and all the common areas are maintained by an HOA (Homeowner's Association)." Discussion ensued on a buffer. Deputy Mayor McGinnis inquired, "As we go through the Staff recommendations, each one of these items at the end, they say this item has been partially met. Have there been any changes in that, Staff, since this was prepared? Have any of these been totally met?" Mr. Baker replied, "No, ma'am, I don't believe so." Discussion continued. Mr. Stevenson commented, "I think Staff would lean on the side of asking you to recommend approval for this project." Manager McLemore asked, "As a Concept?" Mr. Stevenson replied, "As a Concept." Regarding options 'A' and 'B', Mr. Stevenson remarked, "Those items we will have to address before we get to Final Engineering on the project. We're talking about Concept tonight." tf=~~ ffWl"~'Y'. IP"",JI..,~ 1fF'"'9, ~,"'\!t C~ ~ ~,,'= ~ CITY OF WINTER SPRINGS, FLORIDA NINUTES CITY COMMISSION REGULAR MEETING - JULY 23, 2007 PAGE 21 OF 23 Regarding the eleven foot (11') wall, Manager McLemore asked, "Does this suggest that that wall terminates at this point? That it starts and terminates..." Mr. Evan stated, ".. .No - it terminates at the lake." Further discussion. "I AM PREPARED TO MAKE A MOTION. AS I UNDERSTAND IT WE ARE ACCEPTING THE CONCEPT, APPROVING THE CONCEPT - THAT IS MY MOTION." MOTION BY DEPUTY MAYOR McGINNIS. MOTION DIED FOR A LACK OF SECOND. Discussion continued. Commissioner Brown asked, "If we approve this Concept, will you and the Applicant eventually bring something back to us we can Vote on?" Mr. Stevenson replied, "This will come back to you when it is in - basically in concrete, if you will; and a Final Engineering Plan." Further discussion. "I MOVE THAT WE ACCEPT THE CONCEPT PLAN AS PRESENTED TO US FOR WINTER PLACE; WITH THE UNDERSTANDING THAT ALL THE DET AILS WILL COME BACK TO US AT A LATER DATE." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: DEPUTY MAYOR McGINNIS: AYE COMMISSIONER BROWN: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Further discussion. REGULAR 603. Community Development Department And Public Works Department Requests The City Commission Consider Proposed Modifications To The Jesup's Reserve Final Engineering Plans And Developer's Agreement Related To The Construction Of Roberts Family Lane. Mr. Brian Fields, P.E., City Engineer, Public Works Department addressed the City Commission regarding this Agenda Item. ~- ~"'~ !:7;:t! ~~.;a'1!ii:> (~.:;:' ~''''''''''~ .0':';""'''''' . lw,i'''''''':t''~ &:~~7~2:~ fF"""iil if""",g...~ ._""~~ fwn~ ~ ~ Discussion. CITY OF WINTER SPRINGS, FLORIDA NINUTES CITY COMMISSION REGULAR MEETING - JULY 23, 2007 PAGE 22 OF 23 "MOTION TO APPROVE." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. REGULAR 604. Community Development Department Requests The City Commission Review The Final Engineering/Site Plan For The 30,000 S.F. (Square Foot) 2-Story Inwood Office Building On 3.86 Acres Within The Oviedo Marketplace DR! (Department Of Regional Impact) Parcel 14. This Is Phase 1 Of A 2-Phase 45,000 S.F. (Square Foot) Building. Mr. Baker spoke on this Agenda Item. "MOTION TO APPROVE." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER BROWN: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. REGULAR 605. Police Department And Code Enforcement Bureau Requests The Commission Review Information And Provide Direction Regarding Alternatives For Enforcement Of Parking And/Or Storage Of Vehicles In Front Or Side Yards Facing The Street, And Allowing For On-Street Parking On Certain Roadways Within The City. Captain Glenn Tolleson, Code Enforcement Bureau, Police Department spoke on this Agenda Item. ~ ~-- -w ",~!'j ~~ {c::.:~ i=,;'~= C~ ~~,....,.ll ~ ~ ;:=. CITY OF WINTER SPRINGS, FLORIDA NINUTES CITY COMMISSION REGULAR MEETING -JULY 23, 2007 PAGE 23 OF 23 Tape 3/Side B Discussion continued. "I AM GOING TO MAKE A MOTION THAT WE ADOPT 'ALTERNATIVE r#l ~'." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER GILMORE: NAY COMMISSIONER BROWN: AYE DEPUTY MAYOR McGINNIS: NAY MAYORBUSH: AYE MOTION CARRIED. ADJOURNMENT Mayor Bush adjourned the Regular Meeting at 9:37 p.m. RESPECTFULLY SUBMITTED: DANIELLE HARKER, ASSISTANT TO THE CITY CLERK AND ANDREA LORENZO-LUACES, CMC CITY CLERK APPROVED: JOHN F. BUSH MA YOR NOTE: These Minutes were approved at the , 2007 Regular City Commission Meeting. ~~ r~~~ ;;;;;a. 1l.z::1'~\r~'_'$~~ ~h~ CJ'~ tlP;-.n i!l="'~~ ~~ ~ ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING JULY 23, 2007 CALL TO ORDER The Regular Meeting of Monday, July 23, 2007 of the City Commission was called to Order by Mayor John F. Bush at 5:15 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 Sally McGinnis, present Commissioner Robert S. Miller, present Commissioner Rick Brown, present Commissioner Donald A. Gilmore, present Commissioner Joanne M. Krebs, present via telephone (during some of this Meeting) City Manager Ronald W. McLemore, arrived at 5: 16 p.m. City Attorney Anthony A. Garganese, arrived at 5: 19 p.m. A moment of silence was followed by the Pledge of Allegiance. City Manager Ronald W McLemore arrived at 5:16 p.m. Mayor Bush spoke of an article in Money Magazine naming the City of Winter Springs as being the 31 st best City in the United States. .:. .:. AGENDA NOTE: THE FOLLOWING INFORMATIONAL AGENDA ITEMS WERE DISCUSSED IN THE ORDER DOCUMENTED. .:. .:. INFORMA TIONAL AGENDA INFORMATIONAL 101. Community Development Department Informing The Commission Regarding The Status Of The City's Economic Development Efforts. Manager McLemore stated, "I am going to hold '101' until we meet tomorrow night and give you that update then." Mayor Bush then said, '" 101' is pulled and it will be on the Agenda for tomorrow's Meeting." City Attorney Anthony A. Garganese arrived at 5: 19 p. m. CITY OF WINTER SPRINGS, FLORIDA NINUTES CITY COMMISSION REGULAR MEETING - JULY 23, 2007 PAGE 2 OF 23 INFORMATIONAL 100. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. City Attorney Anthony A. Garganese arrived at 5: 19 p. m. Deputy Mayor Sally McGinnis referenced page 6 and mentioned that Seminole County had put Jetta Point on hold. Next, Deputy Mayor McGinnis noted item (33) on page 13. Manager McLemore said, "It is my understanding that the Commission wants to advertise tomorrow night's Meeting as a Special Meeting and bring this thing up as an emergency item." Deputy Mayor McGinnis stated, "Yes, I do." Mayor Bush stated, "Do we have a Motion to that effect?" Commissioner Joanne M Krebs was present on the telephone at 5:22 p.m. "SO MOVED." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. MAYOR BUSH SUMMARIZED, "TO HAVE A SPECIAL MEETING TOMORROW NIGHT TO ADDRESS THIS ITEM WHICH IS NUMBER (33) ON ITEM '100'." VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER BROWN: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. Commissioner Krebs was no longer connected via telephone at approximately 5:25 p.m. Discussion. Commissioner Robert S. Miller suggested that the words "Strip center" in this Agenda Item need to be replaced. Suggestions offered included "Commercial center." CITY OF WINTER SPRINGS, FLORIDA NINUTES CITY COMMISSION REGULAR MEETING - JULY 23, 2007 PAGE 3 OF 23 INFORMATIONAL 102. Parks And Recreation Department Informing The City Commission That Winter Springs Parks And Recreation Is Highlighted In The July, 2007 Sports Field Management Publication. There was no discussion on this Agenda Item. Mayor Bush stated, "Can we have a Motion then for approval?" "SO MOVED." MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR McGINNIS. DISCUSSION. MAYOR BUSH STATED, "MOTION TO APPROVE THE INFORMATIONAL AGENDA MINUS '101'." VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER BROWN : AYE DEPUTY MAYOR McGINNIS: AYE MOTION CARRIED. .:. .:. AGENDA NOTE: THE FOLLOWING CONSENT AGENDA ITEM WAS DISCUSSED AND VOTED ON INDIVIDUALLY, AS DOCUMENTED. .:. .:. CONSENT AGENDA CONSENT 201. Community Development Department - Urban Beautification Services Division Requesting Authorization To Award Improvement Grants Under The FY (Fiscal Year) [20]'06/[20]'07 Neighborhood Improvement Grant Program (NIP). Discussion. "MY MOTION IS THAT THE CITY MANAGER WILL FOLLOW-UP AND SEE THAT ALL NOTICES OF THE BEAUTIFICATION GRANT IS SENT TO EVERY HOA (HOMEOWNER'S ASSOCIATION) THAT WE HAVE ON FILE IN THE CITY." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA NINUTES CITY COMMISSION REGULAR MEETING - JULY 23, 2007 PAGE 4 OF 23 VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. .:. .:. AGENDA NOTE: THE REMAINDER OF THE CONSENT AGENDA WAS DISCUSSED NEXT, FOLLOWED BY THE REST OF THE AGENDA, AS DOCUMENTED. .:. .:. CONSENT AGENDA CONSENT 200. Office Of The City Manager Requesting That The City Commission Confirm The Consensus Of The City Commission Regarding The Designation Of Mayor John F. Bush As Our "Voting Delegate", To Represent The City Of Winter Springs At The Upcoming Florida League Of Cities Annual Conference. No discussion. CONSENT 202. Public Works Department Requesting City Commission Approval Of A Plan To Correct Pavement Deficiencies On Winter Springs Boulevard, Phase I. Brief discussion. Commissioner Krebs was present on the telephone at 5:29 p.m. CONSENT 203. Police Department Requesting Commission Approval And Acceptance Of A Donation From Tuscawilla Home Owners Association In The Amount Of $3,450.00 To Purchase Three External Defibrillators. Commissioner Donald A. Gilmore mentioned for the Record that resident Jim Mathews had assisted with these defibrillators. Mayor Bush said, "If the Commission has no objection, I will write a letter thanking Mr. Mathews and the THOA (Tuscawilla Homeowner's Association) for their contribution." Deputy Mayor McGinnis added, "Absolutely." CITY OF WINTER SPRINGS, FLORIDA NINUTES CITY COMMISSION REGULAR MEETING - JULY 23, 2007 PAGE 5 OF 23 Commissioner Krebs was no longer connected via telephone at 5:34 p.m. Commissioner Gilmore also brought up, "Under the recommendation, it says - this thing is written for defibrillators, but it says under recommendations, 'Approve the donation from Tuscawilla Home Owner Association for Police canines'." Mayor Bush noted, "That needs to be corrected - donation from Tuscawilla Homeowner's Association for the defibrillators. We will make that change to that item on '203'." CONSENT 204. Public Works Department Requesting Approval Of The City Hall Gas Tank Removal. This Agenda Item was not discussed. CONSENT 205. Public Works Department Requesting Approval Of The Fourth Amended And Restated Lease Agreement With Springs Land Jessup Shores Joint Venture For The Central Winds Park Entrance Road. Brief discussion. CONSENT 206. Utility Department Requesting The City Commission Approve The Wholesale Water And Sewer Agreement With Seminole County. Discussion. CONSENT 207. Community Development Department - Urban Beautification Services Division Requesting Authorization For A Supplemental Appropriation In The Amount Of $2,000.00 For Installation Of The Chief Timothy J. Lallathin Memorial At Central Winds Park. No discussion. CITY OF WINTER SPRINGS, FLORIDA NINUTES CITY COMMISSION REGULAR MEETING - JULY 23, 2007 PAGE 6 OF 23 CONSENT 208. Public Works Department Requesting Approval To Enter Into A Contract With Southland Construction, Inc. For The Construction Of Central Winds Parkway, Phase 1 Piggybacking Off Of Seminole County's 2007 Public Works Construction Contract CC-I075-061. Brief discussion. CONSENT 209. Finance Department Requesting Authorization From The City Commission To Piggyback Off Of The City Of Melbourne, Florida's Contract With Advanced Xerographies Imaging Systems (AXIS), Inc. For Utility Bill Printing Services. There was no discussion on this Agenda Item. CONSENT 210. Finance Department And Information Services Department Requesting Authorization From The City Commission For An Emergency Supplemental Appropriation In The Amount Of $19,645.00 To Purchase And Install A New Server, Migrate To A New Windows/SQL Operating System For The MUNIS Financial Software And Merge The Purged Data Back Into The System. Ms. Michelle Greco, Director, Finance Department spoke on this Agenda Item. "I WOULD LIKE TO MAKE A MOTION THAT - THE CITY MANAGER PROVIDE US WITH AN ESTIMATE OF HOW MANY TOTAL AREAS WE ARE GOING TO BE REQUESTED TO DRAW ON THE GENERAL FUND FROM, BETWEEN NOW AND 30 SEPTEMBER." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER BROWN. DISCUSSION. MAYOR BUSH SUGGESTED, "THE MOTION TO HAVE MAYBE A RUNNING TOTAL OF THESE KIND OF THINGS THAT COME UP AND THEN SHOW THE BALANCE OF THE GENERAL FUND AND THAT WE'RE STAYING WITHIN THE PRESCRIBED..." COMMISSIONER MILLER RESTATED HIS MOTION WHICH WAS "...1 WOULD LIKE TO KNOW WHAT DRAWS ON THE GENERAL FUND THAT MAY COME BEFORE US BETWEEN NOW AND THE 30TH OF SEPTEMBER FROM ANY QUARTER, THAT THE CITY MANAGER IS A WARE OF." CITY OF WINTER SPRINGS, FLORIDA NINUTES CITY COMMISSION REGULAR MEETING - JULY 23, 2007 PAGE 7 OF 23 VOTE: COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: NAY COMMISSIONER BROWN: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. CONSENT 211. Information Services Department Requests Authorization To Purchase Necessary Equipment And Software To Provide An Immediate Disaster Recovery Solution For Email System. Funds For This Project Are Already Budgeted. No discussion. CONSENT 212. Office Of The City Clerk Requesting Approval Of The July 9, 2007 Regular City Commission Meeting Minutes. There was no discussion on this Agenda Item. CONSENT 213. Office Of The City Clerk Requesting Approval Of The July 16, 2007 Special City Commission Meeting Minutes. This Agenda Item was not discussed. "MOVE TO APPROVE CONSENT AGENDA." MOTION BY COMMISSIONER GILMORE. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: DEPUTY MAYOR McGINNIS: AYE COMMISSIONER BROWN : AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA NINUTES CITY COMMISSION REGULAR MEETING - JULY 23, 2007 PAGE 8 OF 23 .:. .:. AGENDA NOTE: THE FOLLOWING A WARDS AND PRESENT A TIONS WERE DISCUSSED IN THE ORDER DOCUMENTED. .:. .:. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 301. Office Of The City Manager Presentation By The Seminole County Regional Chamber Of Commerce. Mr. Andrew Van Gaale, 239 Scott Avenue, Sanford, Florida: spoke on behalf of the Seminole County Regional Chamber of Commerce, about Mayor Bush and our membership. Ms. Bev Winesburgh, Product Marketing Group, Inc., 978 Douglas Avenue, Altamonte Springs, Florida: commented on the SeminoleW A Y effort. AWARDS AND PRESENTATIONS 300. Office Of The City Manager Presentation By The Seminole WAY Committee. Mr. Frank S. loppola, Jr., Esquire, 3403 Foxmeadow Court, Longwood, Florida: spoke about the Seminole WAY initiative. Tape I/Side B Continuing, Mr. Ioppola commented, "We are here tonight, to ask you not for your money, but to ask for your support." Mr. Ioppola added, "We want to be your partner." Further discussion. Mr. Mike McLean, Seminole County, Commissioner, Board of County Commissioners of Seminole County, 1101 East First Street, Sanford, Florida: commented on the Money Magazine article and the Seminole WAY effort. Discussion. Mayor Bush said, "At our next - Regular Meeting, I will be bringing a Resolution that hopefully our Commission will approve, for support of this. We can then present it the Seminole County Commission on August 28th." CITY OF WINTER SPRINGS, FLORIDA NINUTES CITY COMMISSION REGULAR MEETING - JULY 23, 2007 PAGE 9 OF 23 Mayor Bush called a Recess at 6:11 p.m. The Regular Meeting reconvened at 6:29 p.m. .:..:. AGENDA NOTE: THE FOLLOWING PUBLIC HEARINGS AGENDA ITEMS WERE DISCUSSED PRIOR TO REPORTS, AS DOCUMENTED. .:. .:. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Not Used. PUBLIC HEARINGS 501. Community Development Department - Planning Division And Public W orkslU tility Department Requests The City Commission Hold A Public Hearing For 2nd Reading And Adoption Of Ordinance 2007-11, A Large Scale Comprehensive Plan Text Amendment (DCA No. 07-RWSPI) Amending The Text Of The Future Land Use (FLU) Element, Conservation Element, Capital Improvements Element, And Infrastructure Element Based On Data And Analysis Found In The City's Water Supply Plan 2007 And Which Incorporates The City's Water Supply Work Plan As Required By Florida Statute 163.3177. Attorney Garganese read the Ordinance by "Title" only. Ms. Sahlstrom spoke briefly on this Agenda Item. Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. "MOTION TO APPROVE ORDINANCE 2007-11." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: DEPUTY MAYOR McGINNIS: AYE COMMISSIONER BROWN : AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA NINUTES CITY COMMISSION REGULAR MEETING - JULY 23, 2007 PAGE 10 OF 23 REPORTS REPORTS 400. Office Of The City Attorney - Anthony A. Garganese, Esquire Attorney Garganese commented on insurance bidding procedures. REPORTS 401. Office Of The City Manager - Ronald W. McLemore Manager McLemore stated, "You had asked for more information on the Fire Assessment Fee that we discussed some with the fact forming committee and in open Budget sessions." Manager McLemore said, "If we are willing to meet tomorrow night then Robert Sheets who is the person who knows more about this than anyone - is available to come and talk to you tomorrow night about that." Mayor Bush noted, "Is there any reason Mr. McLemore can't present this?" Deputy Mayor McGinnis stated, "I will be here." Commissioner Gilmore said, "I won't." With no objections, Mayor Bush then said, "Put that on the Agenda as well." Manager McLemore added, "There will be a written presentation to give you." REPORTS 402. Office Of The City Clerk - Andrea Lorenzo-Luaces, CMC City Clerk Lorenzo-Luaces mentioned that this evening, she would be posting tomorrow's Special Meeting. REPORTS 403. Commission Seat Five - Joanne M. Krebs Absent. REPORTS 404. Office Of The Mayor - John F. Bush Mayor Bush spoke of a letter he received congratulating the City on the 4th of July and the information related to Property Tax Reform issues. CITY OF WINTER SPRINGS, FLORIDA NINUTES CITY COMMISSION REGULAR MEETING - JULY 23,2007 PAGE 11 OF 23 Next, Mayor Bush mentioned a letter from Rob Wiley about a memorial tree planting program. Manager McLemore stated, "Steve (Richart, Urban Beautification Division Services, Community Development Department) and I will talk about it - we'll think through that." Furthermore, Manager McLemore noted, "We'll bring back an Agenda Item when we have a chance to look at it." Mayor Bush noted a congratulatory memo from John Ashworth regarding the Money magazine article and said we should take advantage of their offer and asked if the City Commission supported this. Tape 2/Side A Mayor Bush commented, "I think we should take advantage of their offer to do something for that. Is that something the Commission would want to do?" Deputy Mayor McGinnis replied, "Yes." Commissioner Miller said, "Absolutely." Discussion. Deputy Mayor McGinnis remarked, "It would be nice if they could do a special feature in one their articles about Winter Springs." Mayor Bush replied, "I think that is what they intend to do. Well, if there is no objections, then I will talk to John (Ashworth) and say 'Yes, we are all for it. What can we do to help you do it'?" REPORTS 405. Commission Seat One - Robert S. Miller Commissioner Miller commented on the robbery of the Cumberland Farms store. Mayor Bush added, "Chief [of Police Daniel 1.] Kerr - I think myself as well as the Commissioners - we are very pleased with the quick response and action that the Police Department took in apprehending these individuals and that was great. So, pass that onto the Officers who were involved. I think we forget sometimes how dangerous Police work can be when you have got corral people - who have guns." Mayor Bush continued, "Karen Williams sent me - a mention of Winter Springs in a recent issue of the New York Times. It was an article about eagles; and there was a picture of an eagle taken here in our City. So, I thought that was kind of unique." Lastly, Mayor Bush thanked Commissioner Rick Brown for providing the coffee tonight. CITY OF WINTER SPRINGS, FLORIDA NINUTES CITY COMMISSION REGULAR MEETING - JULY 23, 2007 PAGE 12 OF 23 REPORTS 406. Commission Seat Two - Rick Brown Commissioner Brown noted that the City of Winter Springs is a member of the Oviedo- Winter Springs Chamber of Commerce and suggested that someone should attend their luncheons which are held on the third Thursday of each month at the Tuscawilla Country Club. Next, Commissioner Brown spoke about a letter that was received from the Seminole County Manager on the Dyson Drive issue. Mayor Bush added, "I think along that line we should contact the Commissioners on this issue." Manager McLemore said, "We actually did. We sent them a Resolution - you mean contact them again?" Mayor Bush replied, "Yes." Commissioner Brown said, "Individually." Continuing, Commissioner Brown mentioned a Town Hall Meeting he held in Hacienda Village and asked for an update on a restoration project. The current Leadership Seminole project and a related article was addressed next by Commissioner Brown. Commissioner Brown then mentioned an upcoming Fall Festival Committee meeting which is being held on the 31 st of July at 4:30 p.m. at Maria Fair's office. REPORTS 407. Commission Seat Three - Donald A. Gilmore Commissioner Gilmore also commented on the Dyson Drive sidewalks and safety issues. Manager McLemore replied, "I think it's going to take individual work - from the Elected Officials on this because - I am sure it is on their list of cuts - and all the other things. They've got the same problems we've got. And there being kind of split support for it tends to put it in a lower priority. But it wouldn't hurt to make contacts. And I will do the same at the administrative level also." Next, Commissioner Gilmore noted collector roadslhigh traffic roads in our City and related safety concerns. Mayor Bush suggested, "I would be glad to go and address the County Commission on this issue. Maybe take our Resolution." With further comments, Mayor Bush continued, "At their next regularly scheduled meeting, I will try to get on the Agenda and - emphasize our Resolution." CITY OF WINTER SPRINGS, FLORIDA NINUTES CITY COMMISSION REGULAR MEETING - JULY 23, 2007 PAGE 13 OF 23 REPORTS 408. Commission Seat Four/Deputy Mayor - Sally McGinnis Deputy Mayor McGinnis also commented on the letter pertaining to Dyson Drive. Secondly, Deputy Mayor McGinnis mentioned data she had provided the City Commission on child abuse cases and stated, "The question was asked well, what are the numbers. So, I can give you those numbers. Last year it was fifty-five (55). That is just for your information." Thirdly, Deputy Mayor McGinnis spoke of the City Newsletter and suggested banner headlines and our Money Magazine ranking. PUBLIC INPUT Mr. Rory Frazier, 673 Wishaw Lane, Winter Springs, Florida: as the President of the Casa Park Villas Homeowner's Association, Mr. Fischer asked the City Commission to revisit the Ordinance regarding screen room enclosures. Mayor Bush asked, "I think having this as a Future Agenda Item would be appropriate." Manager McLemore replied, "Sure." Mayor Bush asked, "So, Commission is in agreement?" Deputy Mayor McGinnis said, "I agree." Commissioner Miller asked, "What is the issue here?" Mayor Bush replied, "I think that is why we need to have it as an Agenda Item." Mayor Bush continued, "It will get on the Agenda so the Commission can have some information on this before they talk about it." Mr. Fraser commented, "And I'll provide Mr. Stevenson will all that information." Mayor Bush replied, "Thank you." "DO WE NEED A MOTION TO PUT THAT ON?" MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR McGINNIS. DISCUSSION. MAYOR BUSH SAID, "MOTION TO PUT IT ON THE AGENDA AT THE NEXT REGULAR SCHEDULED MEETING." CITY OF WINTER SPRINGS, FLORIDA NINUTES CITY COMMISSION REGULAR MEETING - JUL Y 23, 2007 PAGE 14 OF 23 VOTE: COMMISSIONER BROWN: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER MILLER: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. Mr. Jeff McCall, Winter Springs Professional Firefighter's ssociation: representing the Fire Union, Mr. McCall spoke of projects they are involved with and Fire Department needs. Mr. Edward Martinez, Jr., 205 Little Creek Lane, Winter Springs, Florida: commented on the approval of the Ad Hoc Winter Springs Citizen Property Tax Reform Mitigation Study Committee Minutes. Mr. Paul P. Partyka, 934 Contravest Lane, Winter Springs Florida: spoke about Pentwater, Michigan; introduced people with Oviedo-Winter Springs Regional Chamber of Commerce; and recognized Attorney Garganese as one of the top 100 Attorneys in Florida. Mr. Tom Waters 1033 Antelope Trail, Winter Springs, Florida: remarked about Agenda Item "605". .:. .:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS DISCUSSED INDIVIDUALLY, FOLLOWED BY THE REMAINDER OF THE AGENDA, AS DOCUMENTED. .:. .:. REGULAR AGENDA REGULAR 606. Community Development Department - Planning Division Requests That The City Commission Give Consent To The Transfer Of The Eagle Bay Development Order For Parcel #03-21-31-300-0040-0000, Located On Cress Run (Immediately West Of DeLeon Street), To Mr. David Lockhart Who Is Purchasing The Assets Of Eagle Bay Wood Products Inc. And Intends To Continue The Operations Already In Place (The Manufacture Of Wood Cabinets And Similar Type Furniture). Ms. Eloise Sahlstrom introduced this Agenda Item. Discussion. CITY OF WINTER SPRINGS, FLORIDA NINUTES CITY COMMISSION REGULAR MEETING - JULY 23, 2007 PAGE 15 OF 23 Mr. David Lockhart, 4081 Chuluota Road, Orlando, Florida: said, "I fully intend to continue the operation as it is and I'm aware of that particular note and agree to abide by it. " Commissioner Miller said to Mr. Lockhart, "You would agree to that - no retails sales at the location?" Mr. Lockhart responded, "That's fine." "I MAKE A MOTION WE APPROVE IT, APPROVE ITEM '606' - WITH THE AGREEMENT - THE GENTLEMAN, THAT HE WILL CONTINUE TO COMPLY WITH NO RETAIL SALES AT THE LOCATION." MOTION BY COMMISSIONER MILLER. MAYOR BUSH STATED, "SECONDED BY DEPUTY MAYOR McGINNIS." DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE FOLLOWING PUBLIC HEARINGS AGENDA ITEMS WERE DISCUSSED NEXT, FOLLOWED BY THE REST OF THE AGENDA. .:..:. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 502. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For An Amendment To The Previously Approved West End Offices Aesthetic Review, To Include The Buffer Wall At The Rear Property Line. West End Offices Is Under Construction At 1135 East State Road 434 In The Town Center. Ms. Sahlstrom addressed the City Commission regarding this Agenda Item. Tape 2/Side B Discussion. Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. CITY OF WINTER SPRINGS, FLORIDA NINUTES CITY COMMISSION REGULAR MEETING - JULY 23, 2007 PAGE 16 OF 23 "MOTION TO APPROVE." MOTION BY COMMISSIONER BROWN. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER GILMORE." DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER BROWN : AYE MOTION CARRIED. REGULAR AGENDA REGULAR 600. Office Of The City Manager Requests The Commission To Consider Authorization Of A One Time Economic Development Partnership Grant To The University Of Central Florida For The Purpose Of Expanding The Business Incubator Program Into Winter Springs. Manager McLemore spoke on this Agenda Item. Mr. Tom Corkery, 759 Bear Creek Circle, Winter Springs, Florida: commented on this issue and discussed the time line for occupancy in the buildings. Discussion. Deputy Mayor McGinnis said, "In the information packet we have, it states that the Director of the UCF (University of Central Florida) Incubator Program indicates that eight thousand square feet (8,000') is what they need to reach the critical mass for successful program and that is the eight thousand feet (8,000'). Further, and of course obviously, it says they would like to have a full 13,000' and then it goes on and says that 'Tom Corkery has committed to construction of the second building' if the City commits to eight thousand feet (8,000') option." Mr. Corkery said, "I am going to guess that's a typo because - nobody has ever discussed that with me." Mr. Corkery replied, "That's not correct." Much discussion. CITY OF WINTER SPRINGS, FLORIDA NINUTES CITY COMMISSION REGULAR MEETING - JUL Y 23, 2007 PAGE 17 OF 23 Mayor Bush said to Manager McLemore, "This two hundred thousand dollars ($200,000.00) comes out of the General Fund." Manager McLemore noted, "Comes out of General Fund Reserves. It does not come out ofthe operating stream of your Budget." Further discussion. "I AM GOING TO MAKE A MOTION THAT WE TAKE A STEP FORWARD TO SECURE THE FUTURE OF WINTER SPRINGS AND OUR ECONOMIC AND APPROVE THE TWO HUNDRED THOUSAND DOLLARS ($200,000.00) THAT WILL BRING THE INCUBATOR HERE IN FULL FORCE." MOTION BY COMMISSIONER BROWN. MAYOR BUSH ST A TED, "MOTION TO APPROVE THE TEN THOUSAND SQUARE FEET (10,000') AT TWO HUNDRED THOUSAND [DOLLARS] ($200,000.00); AND ALSO, MR. CORKERY WOULD START A SECOND BUILDING." MAYOR BUSH NOTED "SECONDED BY COMMISSIONER GILMORE." DISCUSSION. VOTE: COMMISSIONER BROWN : AYE DEPUTY MAYOR McGINNIS: NAY COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: NAY MAYOR BUSH: AYE MOTION CARRIED. Manager McLemore asked, "Could 1 ask something on the Motion - does that includes the authority for the City Attorney and 1 to work out the actual Agreement itself with the University?" Manager McLemore replied, "I would assume that would be understood." Deputy Mayor McGinnis said, "I would think." REGULAR 601. Office Of The City Manager Requesting That The City Commission Approve Resolution No. 2007-29, Computing The Proposed Operating Millage Rate For Fiscal Year 2007-2008 At 4.2919 Mills And Voted Debt Service Millage Rate At 0.1022 Mills Or Some Other Rate The Commission Deems More Appropriate, Establishing The Rolled-Back Rate, And Setting The Date, Time And Place Of A Public Hearing To Consider The Proposed Millage Rate And Tentative Budget For Fiscal Year 2007-2008. Ms. Greco addressed the City Commission regarding this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA NINUTES CITY COMMISSION REGULAR MEETING - JULY 23, 2007 PAGE 18 OF 23 Discussion. "I MOVE THAT WE ACCEPT WHAT IS WRITTEN ON THE PAPER - SETTING THE CAP AT 4.2919." MOTION BY COMMISSIONER BROWN. MAYOR BUSH SAID, "AND ALSO THE DEBT SERVICE MILLAGE AT - .1022." MS. GRECO ADDED, "AS WELL AS THE ESTABLISHING THE DATE AND THE TIME OF THE PUBLIC HEARING TO SEPTEMBER 10TH, 2007 AT 5:15 P.M. AT CITY HALL." SECONDED BY DEPUTY MAYOR McGINNIS. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE MOTION CARRIED. Tape 3/Side A REGULAR 602. Community Development Department Requests The Commission Consider A Conceptual Development Plan For A 338 Unit Town-House And Patio Home Development On Approximately 47.09 Acres, Located On The South Side Of Shepard Road, North Of Florida Avenue, East Of Boat Lake, And Immediately Adjacent To The West Side Of The Wildwood Residential PUD (Planned Unit Development). Mr. John Baker, AICP< Senior Planner, Community Development Department addressed the City Commission regarding this Agenda Item. Mr. David Evans, Evans Engineering, 719 Irma Avenue, Orlando, Florida: addressed the City Commission and provided the City Commission with a document from Progress Energy. Commissioner Miller asked, "How many vehicles do you think will be going out of the development everyday onto Florida Avenue? What did the traffic estimates show?" Mr. Evans replied, "We did do some preliminary estimates of what traffic would do. Obviously we compared it to when we were going through the Land Use process to the industrial development and showed a significant decrease in the residential versus industrial. CITY OF WINTER SPRINGS, FLORIDA NINUTES CITY COMMISSION REGULAR MEETING - JULY 23, 2007 PAGE 19 OF 23 But we still need to run our study for both Florida [ Avenue] and the split between Florida [A venue] and Shepard [Road] and then the connections to [Highway] 17-92 and the other way to make sure that everything does work on the two (2) roadways. 1 couldn't make any preliminary estimates at this time; 1 haven't run those numbers." Discussion. Deputy Mayor McGinnis said, "This is the first time 1 have heard commercial being developed." Mr. Evans stated, "We don't propose Commercial in this community, inside the community." Further discussion. Mayor Bush asked, "You would rather do 'B' than 'A'?" Mr. Evans replied, "Reviewing both, 'A' was our choice intentionally." Deputy Mayor McGinnis stated, "It clearly states in 'A', requires planned residential communities to provide complimentary and compatible support commercial or industrial uses." Mr. Evans commented, "We have and we talked with Staff about that and that may - force us to the PUD 'B' option, but whichever option matches the current concept that we're proposing, will be the one we choose." Mr. Evans continued, "PUD either way." Mr. Baker continued addressing the City Commission regarding this Agenda Item and stated, "1 noted that the Applicant proposes to modify their previous commitment on the western boundary to have a wall and 1 believe it was an eleven foot (11') wall in lieu of the berm and the wall. So, that is something we need to look at." On the Power Line Easement, Commissioner Gilmore said, "1 don't see anything in here that allows you to use that as a playground. 1 see you can use it as a walking path." Mr. Evans replied, "We had a communication with Progress Energy, up until this afternoon. It takes them a little while to run through this process in a Conceptual review. Their - review typically is a formal application for a Permit - it's an agreement with them and 1 kind of gave you the form, the guidelines that they give you to do that. And what was explained to me is - what we're talking about here is usable open space so when you consider it a walking path or a dog path or even, when 1 was discussing it - and I'd refer to the name of the person at Progress Energy in the Report. But in - that you could use soccer fields, but - with plastic goals; not metal goals. CITY OF WINTER SPRINGS, FLORIDA NINUTES CITY COMMISSION REGULAR MEETING - JULY 23, 2007 PAGE 20 OF 23 You can do open areas where you have - playground - not tot lots with structures sticking up vertical. You can have landscaping, bushes, shrubs, and trees; and I think they even give you the list in the guidelines of the type of trees and the things they allow in the easement area. So, under the Easement, as a passive recreation area, we feel confident that it will be developed that way. And it's just going through the process of getting Progress Energy's application for the use of that Easement to do SO." Commissioner Gilmore added, "I look at potentially - to 500 kids in there. Where are they going to play?" Continuing, Mr. Evans explained, "That's not the only areas in the community that they have." Furthermore, Mr. Evans noted, "That large area in the center now, upwards of two (2) acres with the community center and that with the pool with a tot lot will contain all the amenities also for children to play. And then you're connected directly to Boat Lake and the perimeter of that, so we have those areas plus the Easement. " Additionally, Commissioner Gilmore inquired, "Is Boat Lake considered in this acreage to get your density?" Mr. Evans responded, "No." Commissioner Brown asked, "Is there going to be an HOA (Homeowner's Association)? A mandatory HOA (Homeowner's Association)?" Mr. Evans replied, "Yes. Absolutely. All the grounds including the areas in the paseos, and all the common areas are maintained by an HOA (Homeowner's Association)." Discussion ensued on a buffer. Deputy Mayor McGinnis inquired, "As we go through the Staff recommendations, each one of these items at the end, they say this item has been partially met. Have there been any changes in that, Staff, since this was prepared? Have any of these been totally met?" Mr. Baker replied, "No, ma'am, I don't believe so." Discussion continued. Mr. Stevenson commented, "I think Staff would lean on the side of asking you to recommend approval for this project." Manager McLemore asked, "As a Concept?" Mr. Stevenson replied, "As a Concept." Regarding options 'A' and 'B', Mr. Stevenson remarked, "Those items we will have to address before we get to Final Engineering on the project. We're talking about Concept tonight." CITY OF WINTER SPRINGS, FLORIDA NINUTES CITY COMMISSION REGULAR MEETING - JULY 23, 2007 PAGE 21 OF 23 Regarding the eleven foot (11 ') wall, Manager McLemore asked, "Does this suggest that that wall terminates at this point? That it starts and terminates..." Mr. Evan stated, ".. .No - it terminates at the lake." Further discussion. "I AM PREPARED TO MAKE A MOTION. AS I UNDERSTAND IT WE ARE ACCEPTING THE CONCEPT, APPROVING THE CONCEPT - THAT IS MY MOTION." MOTION BY DEPUTY MAYOR McGINNIS. MOTION DIED FOR A LACK OF SECOND. Discussion continued. Commissioner Brown asked, "If we approve this Concept, will you and the Applicant eventually bring something back to us we can Vote on?" Mr. Stevenson replied, "This will come back to you when it is in - basically in concrete, if you will; and a Final Engineering Plan." Further discussion. "I MOVE THAT WE ACCEPT THE CONCEPT PLAN AS PRESENTED TO US FOR WINTER PLACE; WITH THE UNDERSTANDING THA T ALL THE DETAILS WILL COME BACK TO US AT A LATER DATE." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: DEPUTY MAYOR McGINNIS: AYE COMMISSIONER BROWN: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Further discussion. REGULAR 603. Community Development Department And Public Works Department Requests The City Commission Consider Proposed Modifications To The Jesup's Reserve Final Engineering Plans And Developer's Agreement Related To The Construction Of Roberts Family Lane. Mr. Brian Fields, P.E., City Engineer, Public Works Department addressed the City Commission regarding this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA NINUTES CITY COMMISSION REGULAR MEETING - JULY 23, 2007 PAGE 22 OF 23 Discussion. "MOTION TO APPROVE." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER BROWN : AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. REGULAR 604. Community Development Department Requests The City Commission Review The Final Engineering/Site Plan For The 30,000 S.F. (Square Foot) 2-Story Inwood Office Building On 3.86 Acres Within The Oviedo Marketplace DR! (Department Of Regional Impact) Parcel 14. This Is Phase 1 Of A 2-Phase 45,000 S.F. (Square Foot) Building. Mr. Baker spoke on this Agenda Item. "MOTION TO APPROVE." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER BROWN: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. REGULAR 605. Police Department And Code Enforcement Bureau Requests The Commission Review Information And Provide Direction Regarding Alternatives For Enforcement Of Parking And/Or Storage Of Vehicles In Front Or Side Yards Facing The Street, And Allowing For On-Street Parking On Certain Roadways Within The City. Captain Glenn Tolleson, Code Enforcement Bureau, Police Department spoke on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA NINUTES CITY COMMISSION REGULAR MEETING - JULY 23, 2007 PAGE 23 OF 23 Tape 3/Side B Discussion continued. "I AM GOING TO MAKE A MOTION THAT WE ADOPT 'ALTERNATIVE r#l 2'." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER GILMORE: NAY COMMISSIONER BROWN: AYE DEPUTY MAYOR McGINNIS: NAY MAYOR BUSH: AYE MOTION CARRIED. ADJOURNMENT Mayor Bush adjourned the Regular Meeting at 9:37 p.m. RESPECTFULLY SUBMITTED: DANIELLE HARKER, ASSISTANT TO THE CITY CLERK AND ~, " AN A ORENZO-LUACES, CMC CITY CLERK APPROVED: I~d NOTE: These Minutes were approved at the August 13,2007 Regular City Commission Meeting,