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HomeMy WebLinkAbout2007 10 22 Consent 206 Approval of the October 2, 2007 Special Meeting Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING OCTOBER 2, 2007 CALL TO ORDER The Special Meeting of Tuesday, October 2, 2007 of the City Commission was called to Order by Mayor John F. Bush at 6:30 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Mayor John F. Bush, present Deputy Mayor Sally McGinnis, present Commissioner Robert S. Miller, present Commissioner Rick Brown, present Commissioner Donald A. Gilmore, present Commissioner Joanne M. Krebs, present City Manager Ronald W. McLemore, arrived at 6:31 p.m. City Attorney Anthony A. Garganese, present The Pledge of Allegiance was held. City Manager Ronald W McLemore arrived at 6: 31 p. m. Under "Agenda Changes" Mayor Bush stated, Mayor Bush said, "Consent Agenda [Item] on '201', I want to pull it off." CONSENT AGENDA CONSENT 200. Police Department ADD-ON Requesting Commission Approval Of An Emergency Expenditure In The Amount Of $38,245.00 To Replace Two (2) Rooftop Air Conditioning Units. Brief discussion followed with Chief of Police Daniel J. Kerr. "MOTION TO APPROVE." MAYOR BUSH STATED, "MOTION BY COMMISSIONER BROWN; COMMISSIONER McGINNIS SECONDED IT." DISCUSSION. ~ c:> ~ it CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - OCTOBER 2, 2007 PAGE 2 OF 12 VOTE: COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE MOTION CARRIED. .:. .:. AGENDA NOTE: THE FOLLOWING AGENDA ITEM WAS DISCUSSED AND VOTED ON NEXT AS AN INDIVIDUAL ITEM, AS DOCUMENTED. .:..:. CONSENT AGENDA CONSENT 201. Office Of The Mayor ADD-ON Asking The City Commission To Review And Approve Resolution 2007-48 Related To Supporting "Pet Rescue By Judy's" Petition For Selection By The ABC Network Program "Extreme Makeover - Home Edition". Mayor Bush read Resolution 2007-48 for those in attendance. "MOTION TO APPROVE." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. Commissioner Joanne M. Krebs mentioned to Ms. Judy Sarullo ("Pet Rescue by Judy") about a document received from John B. Webb & Associates, Inc. and stated, "Maybe we can somehow send that letter to - you probably have an appointee that is receiving all of this information." Commissioner Krebs then mentioned to Ms. Sarullo, "Perhaps you can give that information to the Clerk." Mr. Stephen Bacallao, 4300 Gabriella Lane West, Winter Park, Florida: thanked the City Commission and Winter Springs for their support. ~ <=> ~: i! CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - OCTOBER 2, 2007 PAGE 3 OF 12 "I MAKE A MOTION TO HAVE THE MANAGER RESEARCH ANY AVAILABLE PROPERTY IN WINTER SPRINGS." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE MOTION CARRIED. Mayor Bush said to Manager McLemore, "I would also maybe recommend that we talk to Bart Phillips as well as A Budget Tree. They are both out there. They are both good citizens of the City and maybe we can work something out with them too." Discussion. Ms. Angela Lambert, 7900 Dunstable Circle, Orlando, Florida: spoke about the dedication of "Pet Rescue by Judy" Board Members and tharrked the City Commission for their support. REGULAR AGENDA REGULAR 600. Office Of The City Manager Requesting The City Commission To Consider Approval Of A Third Modification Of The Settlement Agreement Between The City And The Tuscawilla Country Club To Facilitate Proposed Development Of Parcel 7, And The Construction Of A 150 Foot Cell Tower And Related Conveyances Of Conservation Lands To The City. Mayor Bush stated, "We need a Motion to remove from the Table?" "SO MOVED." MOTION BY COMMISSIONER BROWN. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER GILMORE." DISCUSSION. ~ ~ ~ i CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - OCTOBER 2, 2007 PAGE40F 12 VOTE: COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. Regarding the Settlement Agreement, Manager McLemore said, "What we would need you to do is review any parts of this you want to review with the City Attorney and myself, and then act on the Agreement with any changes you might think are appropriate. " Commissioner Donald A. Gilmore asked, "Is the Agreement dated September 28th, [2007] - is that the one we are looking at?" City Attorney Anthony A. Garganese said, "That's the one you are looking at." Attorney Garganese said, "I also passed out some very rudimentary colored documents here - they are the Parcel 8 and Parcel 7 and - the color depicts basically what is stated and language in the Agreement. Under the Agreement, if you look at Parcel 8, that's the larger handout, it identifies the area that will be placed in conservation within thirty (30) days of the effective date of this Agreement. That area is identified in 'pink' and identified in 'yellow'; and the area that is depicted in 'pink', of course they can continue using it for Golf Course purposes as originally stated in the Settlement Agreement. That language doesn't change. In addition, the shaded in areas that are depicted as wooded areas, would remain wooded areas. And you will note that little square blue box in the middle is the Tower site. There are two (2) appendages that are in 'yellow'. Those are additional conservation areas that are outside of Parcel 8 that the Country Club property owners have voluntarily offered to put into conservation areas. They are heavily wooded areas. And then there is a little area in the southwest comer identified as 'PARCEL 8 REMAINDER'. That property currently is not owned by the Country Club. They are currently leasing it." Attorney Garganese then said, "In the event the current owners of the [Country] Club acquire that property, then they agree to put that land in conservation as well." Next, Attorney Garganese explained, "We are waiting for the Surveyors to complete the Legal Descriptions. They have to modify this accordingly to basically reflect what - I have color coded for you. ~ ~ ~ ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - OCTOBER 2, 2007 PAGE 5 OF 12 The smaller Exhibit is Parcel 7 - that is where the condominium development will occur. The area in 'orange' is the condominium property. That's where - up to sixty (60) condominium units will be constructed. In addition, you have the area in 'pink'. That land will be converted to 'Golf Property'. It will no longer be development property. It will be 'Golf Property'. The tennis courts, the area that is more rectangular, that is where the tennis courts, the swimming pool area and the other area in 'pink' is generally going to be the floodway area, the creek area. That would go to the 'Golf Property' . And all the brick wall requirement - for the condominium project is in the Agreement along with the conditions, the prohibitions of short term transient rentals is in the Agreement. In addition, the owners of the Country Club voluntarily agree to make a contribution to the TLBD (Tuscawilla Lighting and Beautification District) in the amount of twenty-five thousand dollars ($25,000.00) in addition to their Assessments that they pay to the TLBD (Tuscawilla Lighting and Beautification District). That money will be paid in two (2) installments of twelve thousand five hundred dollars ($12,500.00) the first being due at the time that Final Engineering Plans for Parcel 7 are approved by the Commission and then a year later, the other twelve thousand five hundred dollars ($12,500.00) will be paid. And again, that was voluntarily offered." Brief discussion. "MOTION TO APPROVE." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. COMMISSIONER GILMORE STATED, "THE ENTIRE AREA IN 'RED' WILL BE IN CONSERVATION. RIGHT?" ATTORNEY GARGANESE SAID, "YES." COMMISSIONER GILMORE SAID, "WHO IS GOING TO CONTROL THAT CONSERVATION - TELL US WHAT THAT REALLY MEANS." ATTORNEY GARGANESE SAID, "THERE WILL BE A CONSERVATION EASEMENT THAT IS GOING TO BE PREPARED AND RECORDED AGAINST THE LAND. THE CITY WILL BE ONE OF THE HOLDERS OF THE CONSERVATION EASEMENT. IN ADDITION, THIS AGREEMENT GIVES THE CITY THE RIGHT TO ALSO ASSIGN THAT TO SOME OTHER THIRD PARTY. NOW, UNRELATED TO THIS, BUT SOMEWHAT THAT IS RELEVANT, I GAVE YOU AN OPINION LETTER REGARDING THE WINTER SPRINGS GOLF COURSE AND UNDER FLORIDA LAW, UNDER FLORIDA STATUTORY CONSERVATION EASEMENTS, THERE ARE CERTAIN PARTIES THAT CAN ACTUALLY HOLD THOSE EASEMENTS. c:a ~ F=: ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - OCTOBER 2, 2007 PAGE60F 12 THEY HAVE TO BE EITHER A GOVERNMENTAL AGENCY, A TRUST, OR A CHARITABLE CORPORATION THAT IS ORGANIZED FOR CONSERVATION PURPOSES. SO, THE CITY AT ITS DISCRETION CAN ASSIGN THIS CONSERVATION EASEMENT TO THAT TYPE OF ENTITY." COMMISSIONER GILMORE ASKED, "IS THERE ANYTHING THAT PROHIBITS A FUTURE COMMISSION FROM RELIEVING THAT CONSERVATION EASEMENT?" ATTORNEY GARGANESE SAID, "I HAVE GIVEN YOU THAT OPINION LETTER REGARDING WINTER SPRINGS GOLF COURSE, AND I WOULD RECOMMEND THAT YOU TAKE A LOOK AT THAT AND - ANALYZE WHAT YOU WANT TO DO WITH WINTER SPRINGS GOLF COURSE. YOU CAN DO THE SAME WITH RESPECT TO THIS EASEMENT AS WELL. YOU CAN PUT ANOTHER PARTY - IN THE BATTER'S BOX, SO TO SPEAK, PROTECTING THE CONSERVATION PURPOSES IN THE EASEMENT. YOU CAN EVEN GRANT UNDER THE FLORIDA STATUTES TO SOME THIRD PARTY, THE RIGHT TO ENFORCE THAT CONSERVATION EASEMENT AS WELL." FURTHER COMMENTS WERE MADE. COMMISSIONER GILMORE THEN ASKED, "THERE IS QUITE A BIT OF PROPERTY IN THE CONSERVATION EASEMENT, LITERALLY THE WHOLE DRIVING RANGE; A SIGNIFICANT PART OF NUMBER 1 FAIRWAY. THE COUNTRY CLUB WILL STILL BE ALLOWED TO USE THAT CONSERVATION EASEMENT FOR GOLF PURPOSES." ATTORNEY GARGANESE SAID, "THAT IS CORRECT. THEY CAN USE IT FOR GOLF AND COUNTRY CLUB PURPOSES." COMMISSIONER GILMORE SAID, "THEY COULD MOVE THE NUMBER 1 - GREEN - HOLE ELSEWHERE IF THEY WANTED TO UNDER THE EASEMENT. IS THAT CORRECT?" ATTORNEY GARGANESE SAID, "THAT IS CORRECT." ATTORNEY GARGANESE SAID, "IT HAS TO BE USED FOR GOLF COURSE PROPERTY." DISCUSSION. VOTE: DEPUTY MAYOR McGINNIS: AYE COMMISSIONER BROWN: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. c::a ~ ~ ~~ ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - OCTOBER 2, 2007 PAGE 7 OF 12 REGULAR 601. Office Of The City Manager POSTPONED Requesting The City Commission To Hear An Appeal From Mr. Lon Miller Of 1314 Deer Run Regarding An Improperly Issued Fence Permit. (This Agenda Item Is Being Postponed To The October 22, 2007 Regular City Commission Meeting At The Request Of The Applicant). Manager McLemore said, "We recommend that this be delayed for another two (2) weeks at the request of his Attorney. He has brought on Mr. [Michael D.] Jones as his Attorney and he did request documents and time to prepare to present his Appeal." "I MAKE A MOTION WE MOVE IT TO THE FIRST MEETING IN NOVEMBER." MOTION BY COMMISSIONER GILMORE. SECONDED BY DEPUTY MAYOR McGINNIS. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. REGULAR 602. Police Department - Code Enforcement Bureau Requests The Commission Review Information And Provide Direction Regarding Alternatives For Enforcement Of On-Street Parking In The City, And Allowing For On-Street Parking On Certain Roadways Within The City. Captain Glenn Tolleson, Police Department spoke on this Agenda Item. Discussion. Tape 1/Side B Further discussion continued. Mr. Brian Fields, P.E., City Engineer, Public Works Department addressed questions from the City Commission. Further discussion. ~ ~ ~ ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - OCTOBER 2, 2007 PAGE 8 OF 12 Manager McLemore said to Captain Tolleson, "Were you recommending in these areas, just blanket approval or were you recommending a permit type process?" Captain Tolleson responded by saying, "We were not talking about a permit process as of yet, just a blanket approvaL." Manager McLemore added, "...Just monitor it and see how it works." Manager McLemore then noted, "So, the answer was, it would be open parking for a year?" Captain Tolleson said, "One (1) year, yes Sir." Manager McLemore then asked, "Is there any validity to trying it a couple different ways in different neighborhoods?" Captain Tolleson said, "Be happy to." Continuing, Manager McLemore said, "Would you try a permit system in one (1) area and just open parking in another?" Captain Tolleson said, "We could do that..." Manager McLemore said, ".. . And see how the two (2) work." Captain Tolleson said, "We could do that. I could design a permit that would..." Manager McLemore said, "...It just might confuse people too." Captain Tolleson said, "It may, but if we can get into these different neighborhoods - we can split it up and see how it works - would you want that permit to be on a Fee basis or would it be on trial and error?" Manager McLemore said, "Initially, I would assume it wouldn't be Fee basis, it just would be trial for control purposes." Captain Tolleson said, "We could do that." Tape 2/Side A Discussion. "I MAKE A MOTION THEN THAT WE APPROVE ON A CASE BY CASE BASIS CITY-WIDE STREET PARKING - IF IT WILL FIT AND IT MEETS ALL THE SAFETY STANDARDS AND ROAD STANDARDS AND THE ABILITY FOR FIRE EQUIPMENT TO GET UP AND DOWN THE STREET - ON THOSE AREAS OF THE CITY WHERE THERE IS CURBING." MOTION BY COMMISSIONER MILLER. MOTION DIED FOR LACK OF A SECOND. "I MOVE THAT WE IMPLEMENT Alternative [#] 3 AS PROPOSED BY CAPTAIN TOLLESON TO IMPLEMENT A ONE (1) YEAR PILOT PROGRAM ALLOWING ON-STREET PARKING IN SELECTIVE SUBDIVISIONS ON A TEMPORARY BASIS AND EVALUATE IT IN A YEAR. HE MENTIONED THE NEIGHBORHOODS AS MT. GREENWOOD, OAK FOREST, AND NORTH ORLANDO TERRACE - BASED ON YOUR DETERMINATION OF WHAT ROADS CAN ACCOMMODATE THAT." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. ~ ~: ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - OCTOBER 2, 2007 PAGE 9 OF 12 DEPUTY MAYOR McGINNIS SAID, "HAVE IT FOR THESE THREE (3) COMMUNITIES ON A TRIAL BASIS AND IF ANYBODY WANTS TO PETITION - WE HAVE HAD PETITIONERS COME IN BEFORE AND WE HAVE GRANTED IT FOR COMMUNITIES WHO WANTED THAT ON- STREET PARKING." COMMISSIONER KREBS SAID, "I WOULD LIKE TO AMEND THE MOTION TO INCLUDE ANY AREA OF THE CITY THAT - CAN ACCOMMODATE THIS TYPE OF PARKING, MEANING THE STREETS." COMMISSIONER KREBS ADDED, "I WOULD LIKE THIS MOTION - I WOULD LIKE TO INCLUDE THE WHOLE CITY." MAYOR BUSH SAID, "THE AMENDMENT TO THE MOTION IS REALLY THE MOTION..." COMMISSIONER KREBS SAID, "...WHAT COMMISSIONER MILLER HAD SAID, "YES." MAYOR BUSH NOTED, "THE AMENDMENT IS THAT THIS WOULD MAKE IT CITY-WIDE." COMMISSIONER KREBS SAID, "RIGHT." MAYOR BUSH SAID, "WHICH WAS THE MOTION THAT DID NOT GET A SECOND." COMMISSIONER KREBS SAID, "IT WAS FROM THE MOTION THAT DID NOT GET A SECOND." COMMISSIONER KREBS RESTATED HER MOTION BY SAYING, "I WANTED TO AMEND THE MOTION TO MAKE IT CITY-WIDE SO THAT IT WAS EQUITABLE." AMENDMENT TO THE MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER MILLER. DISCUSSION. COMMISSIONER MILLER SAID, "THE AMENDMENT TO THE AMENDMENT IS THAT EACH CASE MUST REQUEST A PERMIT AND THAT THE PERMIT WOULD BE VALID FOR ONE (1) YEAR; THAT A TAG WOULD BE ISSUED TO THE VEHICLE, THAT ONE (1) PARTICULAR VEHICLE AND NOT OTHER VEHICLES AND THAT IT WOULD ONLY BE FOR ONE (1) YEAR, FOR THE VEHICLE." AMENDMENT TO THE AMENDMENT TO THE MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER KREBS. DISCUSSION. COMMISSIONER MILLER ADDED, "TWENTY -FIVE DOLLARS ($25.00) FOR THE PERMIT IN THE MOTION." SECONDED BY COMMISSIONER KREBS. DISCUSSION. c::::a ~ ~ i! CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - OCTOBER 2, 2007 PAGE 10 OF 12 MANAGER McLEMORE SAID, "I WOULD LIKE TO RECOMMEND THIS MATTER BE TABLED. WE CAN COME BACK TO YOU." "I MOTION THIS AGENDA ITEM BE TABLED AND BROUGHT BACK." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER BROWN : AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE FOLLOWING ISSUES WERE DISCUSSED NEXT, AS DOCUMENTED. .:. .:. Ms. Elsie Bledsoe, 180 East Panama Road, Winter Springs, Florida: spoke about her property and requested a lot split. Manager McLemore said, "It would have to be Agended for consideration. My question is, have we not already considered this lot split?" Commissioner Krebs said, "We have; and it was the reason - we came up with the - current Ordinance." Manager McLemore then asked, "Does the Commission want an Agenda Item prepared on this or not?" "MOTION TO DENY." MOTION BY COMMISSIONER MILLER. SECONDED BY DEPUTY MAYOR McGINNIS. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE DEPUTYMAYORMcGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN : AYE MOTION CARRIED. Mr. Jeff Morris, 725 Seneca Meadows Road, Winter Springs, Florida: spoke about on- street parking. c::a ~ K- ~: :. ~: i CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - OCTOBER 2, 2007 PAGE 11 OF 12 Mayor Bush mentioned an email from Ms. Elizabeth Westerman regarding the Taxation and Budget Reform Committee meeting on October 4th, 2007, between 4:00 and 7:00 p.m. Mayor Bush stated, "Also, on November the 12th, which is our - first Meeting in November is a Holiday." Commissioner Rick Brown said, "The 13th [of November] we have the Special Meeting on the Ranchlands Fence issue. Did we want to just incorporate that into the General Meeting?" Mayor Bush said, "The 13th. Everybody in agreement?" City Clerk Andrea Lorenzo- Luaces asked, "The issue that you postponed to another date with - Mr. Lon Miller, you want that handled on that date?" Mayor Bush said, "That would be that day too - the 13th." Mayor Bush said, "Let's have a Motion to move this meeting to the 13th?" "SO MOVED." MOTION BY COMMISSIONER BROWN. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER McGINNIS." DISCUSSION. MAYOR BUSH SAID, "THE MOTION IS THE MEETING WOULD BE THE 13th, STARTING AT OUR REGULAR TIME WHICH WOULD BE 5:15 [P.M.]" VOTE: COMMISSIONER MILLER: AYE COMMISSIONER GILMORE: NAY DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. Manager McLemore spoke of an unappropriated three hundred thousand dollars ($300,000.00) left in the Budget. Mayor Bush suggested, "Just make it an Agenda Item for the second Meeting then in October." Deputy Mayor McGinnis said, "I would also request that the parking issue not be brought back if I am not here, on an Agenda." Mayor Bush asked, "When are you going to come back?" Deputy Mayor McGinnis said, "The 16th," Mayor Bush asked, "Do you want to do the parking issue then maybe at our second Meeting in November which would be the 26th?" Deputy Mayor McGinnis said, "If the City Manager would have something ready by then." Manager McLemore said, "Certainly." Brief comments were then made about a newspaper article related to the Black Hammock. ~ ___ ""]II ~ ~ ADJOURNMENT Mayor Bush adjourned the Special Meeting at 8:25 p.m. RESPECTFULLY SUBMITTED: ANDREA LORENZO-LUACES, CMC CITY CLERK APPROVED: MAYOR JOHN F. BUSH NOTE: These Minutes were approved at the CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - OCTOBER 2, 2007 PAGE 12 OF 12 , 2007 Regular City Commission Meeting. ,::a ~ K" = ~ ~ ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING OCTOBER 2, 2007 CALL TO ORDER The Special Meeting of Tuesday, October 2, 2007 of the City Commission was called to Order by Mayor John F. Bush at 6:30 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Mayor John F. Bush, present Deputy Mayor Sally McGinnis, present Commissioner Robert S. Miller, present Commissioner Rick Brown, present Commissioner Donald A. Gilmore, present Commissioner Joanne M. Krebs, present City Manager Ronald W. McLemore, arrived at 6:31 p.m. City Attorney Anthony A. Garganese, present The Pledge of Allegiance was held. City Manager Ronald W McLemore arrived at 6: 31 p. m. Under "Agenda Changes" Mayor Bush stated, Mayor Bush said, "Consent Agenda [Item] on '201', I want to pull it off." CONSENT AGENDA CONSENT 200. Police Department ADD-ON Requesting Commission Approval Of An Emergency Expenditure In The Amount Of $38,245.00 To Replace Two (2) Rooftop Air Conditioning Units. Brief discussion followed with Chief of Police Daniel 1. Kerr. "MOTION TO APPROVE." MAYOR BUSH STATED, "MOTION BY COMMISSIONER BROWN; COMMISSIONER McGINNIS SECONDED IT." DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - OCTOBER 2,2007 PAGE 2 OF 12 VOTE: COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE MOTION CARRIED. +:. .:. AGENDA NOTE: THE FOLLOWING AGENDA ITEM WAS DISCUSSED AND VOTED ON NEXT AS AN INDIVIDUAL ITEM, AS DOCUMENTED. .:..:. CONSENT AGENDA CONSENT 201. Office Of The Mayor ADD-ON Asking The City Commission To Review And Approve Resolution 2007-48 Related To Supporting "Pet Rescue By Judy's" Petition For Selection By The ABC Network Program "Extreme Makeover - Home Edition". Mayor Bush read Resolution 2007-48 for those in attendance. "MOTION TO APPROVE." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. Commissioner Joanne M. Krebs mentioned to Ms. Judy Sarollo ("Pet Rescue by Judy") about a document received from John B. Webb & Associates, Inc. and stated, "Maybe we can somehow send that letter to - you probably have an appointee that is receiving all of this information." Commissioner Krebs then mentioned to Ms. Sarollo, "Perhaps you can give that information to the Clerk." Mr. Stephen Bacallao, 4300 Gabriella Lane West, Winter Park, Florida: thanked the City Commission and Winter Springs for their support. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - OCTOBER 2, 2007 PAGE 3 OF 12 "I MAKE A MOTION TO HAVE THE MANAGER RESEARCH ANY AVAILABLE PROPERTY IN WINTER SPRINGS." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN : AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE MOTION CARRIED. Mayor Bush said to Manager McLemore, "I would also maybe recommend that we talk to Bart Phillips as well as A Budget Tree. They are both out there. They are both good citizens of the City and maybe we can work something out with them too." Discussion. Ms. Angela Lambert, 7900 Dunstable Circle, Orlando, Florida: spoke about the dedication of "Pet Rescue by Judy" Board Members and thanked the City Commission for their support. REGULAR AGENDA REGULAR 600. Office Of The City Manager Requesting The City Commission To Consider Approval Of A Third Modification Of The Settlement Agreement Between The City And The Tuscawilla Country Club To Facilitate Proposed Development Of Parcel 7, And The Construction Of A 150 Foot Cell Tower And Related Conveyances Of Conservation Lands To The City. Mayor Bush stated, "We need a Motion to remove from the Table?" "SO MOVED." MOTION BY COMMISSIONER BROWN. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER GILMORE." DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - OCTOBER 2, 2007 PAGE 4 OF 12 VOTE: COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. Regarding the Settlement Agreement, Manager McLemore said, "What we would need you to do is review any parts of this you want to review with the City Attorney and myself, and then act on the Agreement with any changes you might think are appropriate. " Commissioner Donald A. Gilmore asked, "Is the Agreement dated September 28th, [2007] - is that the one we are looking at?" City Attorney Anthony A. Garganese said, "That's the one you are looking at." Attorney Garganese said, "I also passed out some very rudimentary colored documents here - they are the Parcel 8 and Parcel 7 and - the color depicts basically what is stated and language in the Agreement. Under the Agreement, if you look at Parcel 8, that's the larger handout, it identifies the area that will be placed in conservation within thirty (30) days of the effective date of this Agreement. That area is identified in 'pink' and identified in 'yellow'; and the area that is depicted in 'pink', of course they can continue using it for Golf Course purposes as originally stated in the Settlement Agreement. That language doesn't change. In addition, the shaded in areas that are depicted as wooded areas, would remain wooded areas. And you will note that little square blue box in the middle is the Tower site. There are two (2) appendages that are in 'yellow'. Those are additional conservation areas that are outside of Parcel 8 that the Country Club property owners have voluntarily offered to put into conservation areas. They are heavily wooded areas. And then there is a little area in the southwest comer identified as 'PARCEL 8 REMAINDER'. That property currently is not owned by the Country Club. They are currently leasing it." Attorney Garganese then said, "In the event the current owners of the [Country] Club acquire that property, then they agree to put that land in conservation as well." Next, Attorney Garganese explained, "We are waiting for the Surveyors to complete the Legal Descriptions. They have to modify this accordingly to basically reflect what - I have color coded for you. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - OCTOBER 2, 2007 PAGE 5 OF 12 The smaller Exhibit is Parcel 7 - that is where the condominium development will occur. The area in 'orange' is the condominium property. That's where - up to sixty (60) condominium units will be constructed. In addition, you have the area in 'pink'. That land will be converted to 'Golf Property'. It will no longer be development property. It will be 'Golf Property'. The tennis courts, the area that is more rectangular, that is where the tennis courts, the swimming pool area and the other area in 'pink' is generally going to be the floodway area, the creek area. That would go to the 'GolfProperty'. And all the brick wall requirement - for the condominium project is in the Agreement along with the conditions, the prohibitions of short term transient rentals is in the Agreement. In addition, the owners of the Country Club voluntarily agree to make a contribution to the TLBD (Tuscawilla Lighting and Beautification District) in the amount of twenty-five thousand dollars ($25,000.00) in addition to their Assessments that they pay to the TLBD (Tuscawilla Lighting and Beautification District). That money will be paid in two (2) installments of twelve thousand five hundred dollars ($12,500.00) the first being due at the time that Final Engineering Plans for Parcel 7 are approved by the Commission and then a year later, the other twelve thousand five hundred dollars ($12,500.00) will be paid. And again, that was voluntarily offered." Brief discussion. "MOTION TO APPROVE." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. COMMISSIONER GILMORE STATED, "THE ENTIRE AREA IN 'RED' WILL BE IN CONSERVATION. RIGHT?" ATTORNEY GARGANESE SAID, "YES." COMMISSIONER GILMORE SAID, "WHO IS GOING TO CONTROL THAT CONSERVATION -TELL US WHAT THAT REALLY MEANS." ATTORNEY GARGANESE SAID, "THERE WILL BE A CONSERVATION EASEMENT THAT IS GOING TO BE PREPARED AND RECORDED AGAINST THE LAND. THE CITY WILL BE ONE OF THE HOLDERS OF THE CONSERVATION EASEMENT. IN ADDITION, THIS AGREEMENT GIVES THE CITY THE RIGHT TO ALSO ASSIGN THAT TO SOME OTHER THIRD PARTY. NOW, UNRELATED TO THIS, BUT SOMEWHAT THAT IS RELEV ANT, I GAVE YOU AN OPINION LETTER REGARDING THE WINTER SPRINGS GOLF COURSE AND UNDER FLORIDA LAW, UNDER FLORIDA STATUTORY CONSERVATION EASEMENTS, THERE ARE CERTAIN PARTIES THAT CAN ACTUALLY HOLD THOSE EASEMENTS. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - OCTOBER 2, 2007 PAGE 6 OF 12 THEY HAVE TO BE EITHER A GOVERNMENTAL AGENCY, A TRUST, OR A CHARITABLE CORPORATION THAT IS ORGANIZED FOR CONSERVATION PURPOSES. SO, THE CITY AT ITS DISCRETION CAN ASSIGN THIS CONSERVATION EASEMENT TO THAT TYPE OF ENTITY." COMMISSIONER GILMORE ASKED, "IS THERE ANYTHING THAT PROHIBITS A FUTURE COMMISSION FROM RELIEVING THAT CONSERVATION EASEMENT?" ATTORNEY GARGANESE SAID, "I HAVE GIVEN YOU THAT OPINION LETTER REGARDING WINTER SPRINGS GOLF COURSE, AND I WOULD RECOMMEND THAT YOU TAKE A LOOK AT THAT AND - ANALYZE WHAT YOU WANT TO DO WITH WINTER SPRINGS GOLF COURSE. YOU CAN DO THE SAME WITH RESPECT TO THIS EASEMENT AS WELL. YOU CAN PUT ANOTHER PARTY - IN THE BATTER'S BOX, SO TO SPEAK, PROTECTING THE CONSERVATION PURPOSES IN THE EASEMENT. YOU CAN EVEN GRANT UNDER THE FLORIDA STATUTES TO SOME THIRD PARTY, THE RIGHT TO ENFORCE THAT CONSERVATION EASEMENT AS WELL." FURTHER COMMENTS WERE MADE. COMMISSIONER GILMORE THEN ASKED, "THERE IS QUITE A BIT OF PROPERTY IN THE CONSERVATION EASEMENT, LITERALLY THE WHOLE DRIVING RANGE; A SIGNIFICANT P ART OF NUMBER 1 FAIRWAY. THE COUNTRY CLUB WILL STILL BE ALLOWED TO USE THAT CONSERVATION EASEMENT FOR GOLF PURPOSES." ATTORNEY GARGANESE SAID, "THAT IS CORRECT. THEY CAN USE IT FOR GOLF AND COUNTRY CLUB PURPOSES." COMMISSIONER GILMORE SAID, "THEY COULD MOVE THE NUMBER 1 - GREEN - HOLE ELSEWHERE IF THEY WANTED TO UNDER THE EASEMENT. IS THAT CORRECT?" ATTORNEY GARGANESE SAID, "THAT IS CORRECT." ATTORNEY GARGANESE SAID, "IT HAS TO BE USED FOR GOLF COURSE PROPERTY." DISCUSSION. VOTE: DEPUTY MAYOR McGINNIS: AYE COMMISSIONER BROWN: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - OCTOBER 2, 2007 PAGE 7 OF 12 REGULAR 601. Office Of The City Manager POSTPONED Requesting The City Commission To Hear An Appeal From Mr. Lon Miller Of 1314 Deer Run Regarding An Improperly Issued Fence Permit. (I'his Agenda Item Is Being Postponed To The October 22, 2007 Regular City Commission Meeting At The Request Of The Applicant). Manager McLemore said, "We recommend that this be delayed for another two (2) weeks at the request of his Attorney. He has brought on Mr. [Michael D.] Jones as his Attorney and he did request documents and time to prepare to present his Appeal." "I MAKE A MOTION WE MOVE IT TO THE FIRST MEETING IN NOVEMBER." MOTION BY COMMISSIONER GILMORE. SECONDED BY DEPUTY MAYOR McGINNIS. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. REGULAR 602. Police Department - Code Enforcement Bureau Requests The Commission Review Information And Provide Direction Regarding Alternatives For Enforcement Of On-Street Parking In The City, And Allowing For On-Street Parking On Certain Roadways Within The City. Captain Glenn Tolleson, Police Department spoke on this Agenda Item. Discussion. Tape liS ide B Further discussion continued. Mr. Brian Fields, P.E., City Engineer, Public Works Department addressed questions from the City Commission. Further discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - OCTOBER 2, 2007 PAGE 8 OF 12 Manager McLemore said to Captain Tolleson, "Were you recommending in these areas, just blanket approval or were you recommending a permit type process?" Captain Tolleson responded by saying, "We were not talking about a permit process as of yet, just a blanket approvaL." Manager McLemore added, "... Just monitor it and see how it works." Manager McLemore then noted, "So, the answer was, it would be open parking for a year?" Captain Tolleson said, "One (1) year, yes Sir." Manager McLemore then asked, "Is there any validity to trying it a couple different ways in different neighborhoods?" Captain Tolleson said, "Be happy to." Continuing, Manager McLemore said, "Would you try a permit system in one (1) area and just open parking in another?" Captain Tolleson said, "We could do that..." Manager McLemore said, "...And see how the two (2) work." Captain Tolleson said, "We could do that. I could design a permit that would..." Manager McLemore said, "...It just might confuse people too." Captain Tolleson said, "It may, but if we can get into these different neighborhoods - we can split it up and see how it works - would you want that permit to be on a Fee basis or would it be on trial and error?" Manager McLemore said, "Initially, I would assume it wouldn't be Fee basis, it just would be trial for control purposes." Captain Tolleson said, "We could do that." Tape 2/Side A Discussion. "I MAKE A MOTION THEN THAT WE APPROVE ON A CASE BY CASE BASIS CITY-WIDE STREET PARKING - IF IT WILL FIT AND IT MEETS ALL THE SAFETY STANDARDS AND ROAD STANDARDS AND THE ABILITY FOR FIRE EQUIPMENT TO GET UP AND DOWN THE STREET - ON THOSE AREAS OF THE CITY WHERE THERE IS CURBING." MOTION BY COMMISSIONER MILLER. MOTION DIED FOR LACK OF A SECOND. "I MOVE THAT WE IMPLEMENT Alternative [#] 3 AS PROPOSED BY CAPTAIN TOLLESON TO IMPLEMENT A ONE (1) YEAR PILOT PROGRAM ALLOWING ON-STREET PARKING IN SELECTIVE SUBDIVISIONS ON A TEMPORARY BASIS AND EVALUATE IT IN A YEAR. HE MENTIONED THE NEIGHBORHOODS AS MT. GREENWOOD, OAK FOREST, AND NORTH ORLANDO TERRACE - BASED ON YOUR DETERMINATION OF WHAT ROADS CAN ACCOMMODATE THAT." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - OCTOBER 2, 2007 PAGE 9 OF 12 DEPUTY MAYOR McGINNIS SAID, "HAVE IT FOR THESE THREE (3) COMMUNITIES ON A TRIAL BASIS AND IF ANYBODY WANTS TO PETITION - WE HAVE HAD PETITIONERS COME IN BEFORE AND WE HAVE GRANTED IT FOR COMMUNITIES WHO WANTED THAT ON- STREET PARKING." COMMISSIONER KREBS SAID, "I WOULD LIKE TO AMEND THE MOTION TO INCLUDE ANY AREA OF THE CITY THAT - CAN ACCOMMODATE THIS TYPE OF PARKING, MEANING THE STREETS." COMMISSIONER KREBS ADDED, "I WOULD LIKE THIS MOTION - I WOULD LIKE TO INCLUDE THE WHOLE CITY." MAYOR BUSH SAID, "THE AMENDMENT TO THE MOTION IS REALLY THE MOTION..." COMMISSIONER KREBS SAID, "...WHAT COMMISSIONER MILLER HAD SAID, "YES." MAYOR BUSH NOTED, "THE AMENDMENT IS THAT THIS WOULD MAKE IT CITY-WIDE." COMMISSIONER KREBS SAID, "RIGHT." MAYOR BUSH SAID, "WHICH WAS THE MOTION THAT DID NOT GET A SECOND." COMMISSIONER KREBS SAID, "IT WAS FROM THE MOTION THAT DID NOT GET A SECOND." COMMISSIONER KREBS RESTATED HER MOTION BY SAYING, "I WANTED TO AMEND THE MOTION TO MAKE IT CITY-WIDE SO THAT IT WAS EQUITABLE." AMENDMENT TO THE MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER MILLER. DISCUSSION. COMMISSIONER MILLER SAID, "THE AMENDMENT TO THE AMENDMENT IS THAT EACH CASE MUST REQUEST A PERMIT AND THAT THE PERMIT WOULD BE VALID FOR ONE (1) YEAR; THAT A TAG WOULD BE ISSUED TO THE VEHICLE, THAT ONE (1) PARTICULAR VEHICLE AND NOT OTHER VEHICLES AND THAT IT WOULD ONLY BE FOR ONE (1) YEAR, FOR THE VEHICLE." AMENDMENT TO THE AMENDMENT TO THE MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER KREBS. DISCUSSION. COMMISSIONER MILLER ADDED, "TWENTY-FIVE DOLLARS ($25.00) FOR THE PERMIT IN THE MOTION." SECONDED BY COMMISSIONER KREBS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - OCTOBER 2, 2007 PAGE 10 OF 12 MANAGER McLEMORE SAID, "I WOULD LIKE TO RECOMMEND THIS MATTER BE TABLED. WE CAN COME BACK TO YOU." "I MOTION THIS AGENDA ITEM BE TABLED AND BROUGHT BACK." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE FOLLOWING ISSUES WERE DISCUSSED NEXT, AS DOCUMENTED. .:..:. Ms. Elsie Bledsoe, 180 East Panama Road, Winter Springs, Florida: spoke about her property and requested a lot split. Manager McLemore said, "It would have to be Agended for consideration. My question is, have we not already considered this lot split?" Commissioner Krebs said, "We have; and it was the reason - we came up with the - current Ordinance." Manager McLemore then asked, "Does the Commission want an Agenda Item prepared on this or not?" "MOTION TO DENY." MOTION BY COMMISSIONER MILLER. SECONDED BY DEPUTY MAYOR McGINNIS. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. Mr. Jeff Morris, 725 Seneca Meadows Road, Winter Springs, Florida: spoke about on- street parking. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - OCTOBER 2, 2007 PAGE II OF 12 Mayor Bush mentioned an email from Ms. Elizabeth Westerman regarding the Taxation and Budget Reform Committee meeting on October 4th, 2007, between 4:00 and 7:00 p.m. Mayor Bush stated, "Also, on November the 12th, which is our - first Meeting in November is a Holiday." Commissioner Rick Brown said, "The 13th [of November] we have the Special Meeting on the Ranchlands Fence issue. Did we want to just incorporate that into the General Meeting?" Mayor Bush said, "The 13th. Everybody in agreement?" City Clerk Andrea Lorenzo-Luaces asked, "The issue that you postponed to another date with - Mr. Lon Miller, you want that handled on that date?" Mayor Bush said, "That would be that day too - the 13 th." Mayor Bush said, "Let's have a Motion to move this meeting to the 13 th?" "SO MOVED." MOTION BY COMMISSIONER BROWN. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER McGINNIS." DISCUSSION. MAYOR BUSH SAID, "THE MOTION IS THE MEETING WOULD BE THE 13th, STARTING AT OUR REGULAR TIME WHICH WOULD BE 5:15 [P.M.]" VOTE: COMMISSIONER MILLER: AYE COMMISSIONER GILMORE: NAY DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. Manager McLemore spoke of an unappropriated three hundred thousand dollars ($300,000.00) left in the Budget. Mayor Bush suggested, "Just make it an Agenda Item for the second Meeting then in October." Deputy Mayor McGinnis said, "I would also request that the parking issue not be brought back if I am not here, on an Agenda." Mayor Bush asked, "When are you going to come back?" Deputy Mayor McGinnis said, "The 16th." Mayor Bush asked, "Do you want to do the parking issue then maybe at our second Meeting in November which would be the 26th?" Deputy Mayor McGinnis said, "If the City Manager would have something ready by then." Manager McLemore said, "Certainly." Brief comments were then made about a newspaper article related to the Black Hammock. ADJOURNMENT Mayor Bush adjourned the Special Meeting at 8:25 p.m. RESPECTFULLY SUBMITTED: A LORENZO-LUACES, CMC CLERK M .r~\( ~ ,USH CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - OCTOBER 2, 2007 PAGE 12 OF 12 NOTE: These Minutes were approved at the October 22,2007 Regular City Commission Meeting. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING OCTOBER 2, 2007 CALL TO ORDER The Special Meeting of Tuesday, October 2, 2007 of the City Commission was called to Order by Mayor John F. Bush at 6:30 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Mayor John F. Bush, present Deputy Mayor Sally McGinnis, present Commissioner Robert S. Miller, present Commissioner Rick Brown, present Commissioner Donald A. Gilmore, present Commissioner Joanne M. Krebs, present City Manager Ronald W. McLemore, arrived at 6:31 p.m. City Attorney Anthony A. Garganese, present The Pledge of Allegiance was held. City Manager Ronald W McLemore arrived at 6: 31 p. m. Under "Agenda Changes" Mayor Bush stated, Mayor Bush said, "Consent Agenda [Item] on '201', I want to pull it off." CONSENT AGENDA CONSENT 200. Police Department ADD-ON Requesting Commission Approval Of An Emergency Expenditure In The Amount Of $38,245.00 To Replace Two (2) Rooftop Air Conditioning Units. Brief discussion followed with Chief of Police Daniel 1. Kerr. "MOTION TO APPROVE." MAYOR BUSH STATED, "MOTION BY COMMISSIONER BROWN; COMMISSIONER McGINNIS SECONDED IT." DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - OCTOBER 2,2007 PAGE 2 OF 12 VOTE: COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE MOTION CARRIED. +:. .:. AGENDA NOTE: THE FOLLOWING AGENDA ITEM WAS DISCUSSED AND VOTED ON NEXT AS AN INDIVIDUAL ITEM, AS DOCUMENTED. .:..:. CONSENT AGENDA CONSENT 201. Office Of The Mayor ADD-ON Asking The City Commission To Review And Approve Resolution 2007-48 Related To Supporting "Pet Rescue By Judy's" Petition For Selection By The ABC Network Program "Extreme Makeover - Home Edition". Mayor Bush read Resolution 2007-48 for those in attendance. "MOTION TO APPROVE." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. Commissioner Joanne M. Krebs mentioned to Ms. Judy Sarollo ("Pet Rescue by Judy") about a document received from John B. Webb & Associates, Inc. and stated, "Maybe we can somehow send that letter to - you probably have an appointee that is receiving all of this information." Commissioner Krebs then mentioned to Ms. Sarollo, "Perhaps you can give that information to the Clerk." Mr. Stephen Bacallao, 4300 Gabriella Lane West, Winter Park, Florida: thanked the City Commission and Winter Springs for their support. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - OCTOBER 2, 2007 PAGE 3 OF 12 "I MAKE A MOTION TO HAVE THE MANAGER RESEARCH ANY AVAILABLE PROPERTY IN WINTER SPRINGS." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN : AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE MOTION CARRIED. Mayor Bush said to Manager McLemore, "I would also maybe recommend that we talk to Bart Phillips as well as A Budget Tree. They are both out there. They are both good citizens of the City and maybe we can work something out with them too." Discussion. Ms. Angela Lambert, 7900 Dunstable Circle, Orlando, Florida: spoke about the dedication of "Pet Rescue by Judy" Board Members and thanked the City Commission for their support. REGULAR AGENDA REGULAR 600. Office Of The City Manager Requesting The City Commission To Consider Approval Of A Third Modification Of The Settlement Agreement Between The City And The Tuscawilla Country Club To Facilitate Proposed Development Of Parcel 7, And The Construction Of A 150 Foot Cell Tower And Related Conveyances Of Conservation Lands To The City. Mayor Bush stated, "We need a Motion to remove from the Table?" "SO MOVED." MOTION BY COMMISSIONER BROWN. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER GILMORE." DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - OCTOBER 2, 2007 PAGE 4 OF 12 VOTE: COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. Regarding the Settlement Agreement, Manager McLemore said, "What we would need you to do is review any parts of this you want to review with the City Attorney and myself, and then act on the Agreement with any changes you might think are appropriate. " Commissioner Donald A. Gilmore asked, "Is the Agreement dated September 28th, [2007] - is that the one we are looking at?" City Attorney Anthony A. Garganese said, "That's the one you are looking at." Attorney Garganese said, "I also passed out some very rudimentary colored documents here - they are the Parcel 8 and Parcel 7 and - the color depicts basically what is stated and language in the Agreement. Under the Agreement, if you look at Parcel 8, that's the larger handout, it identifies the area that will be placed in conservation within thirty (30) days of the effective date of this Agreement. That area is identified in 'pink' and identified in 'yellow'; and the area that is depicted in 'pink', of course they can continue using it for Golf Course purposes as originally stated in the Settlement Agreement. That language doesn't change. In addition, the shaded in areas that are depicted as wooded areas, would remain wooded areas. And you will note that little square blue box in the middle is the Tower site. There are two (2) appendages that are in 'yellow'. Those are additional conservation areas that are outside of Parcel 8 that the Country Club property owners have voluntarily offered to put into conservation areas. They are heavily wooded areas. And then there is a little area in the southwest comer identified as 'PARCEL 8 REMAINDER'. That property currently is not owned by the Country Club. They are currently leasing it." Attorney Garganese then said, "In the event the current owners of the [Country] Club acquire that property, then they agree to put that land in conservation as well." Next, Attorney Garganese explained, "We are waiting for the Surveyors to complete the Legal Descriptions. They have to modify this accordingly to basically reflect what - I have color coded for you. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - OCTOBER 2, 2007 PAGE 5 OF 12 The smaller Exhibit is Parcel 7 - that is where the condominium development will occur. The area in 'orange' is the condominium property. That's where - up to sixty (60) condominium units will be constructed. In addition, you have the area in 'pink'. That land will be converted to 'Golf Property'. It will no longer be development property. It will be 'Golf Property'. The tennis courts, the area that is more rectangular, that is where the tennis courts, the swimming pool area and the other area in 'pink' is generally going to be the floodway area, the creek area. That would go to the 'GolfProperty'. And all the brick wall requirement - for the condominium project is in the Agreement along with the conditions, the prohibitions of short term transient rentals is in the Agreement. In addition, the owners of the Country Club voluntarily agree to make a contribution to the TLBD (Tuscawilla Lighting and Beautification District) in the amount of twenty-five thousand dollars ($25,000.00) in addition to their Assessments that they pay to the TLBD (Tuscawilla Lighting and Beautification District). That money will be paid in two (2) installments of twelve thousand five hundred dollars ($12,500.00) the first being due at the time that Final Engineering Plans for Parcel 7 are approved by the Commission and then a year later, the other twelve thousand five hundred dollars ($12,500.00) will be paid. And again, that was voluntarily offered." Brief discussion. "MOTION TO APPROVE." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. COMMISSIONER GILMORE STATED, "THE ENTIRE AREA IN 'RED' WILL BE IN CONSERVATION. RIGHT?" ATTORNEY GARGANESE SAID, "YES." COMMISSIONER GILMORE SAID, "WHO IS GOING TO CONTROL THAT CONSERVATION -TELL US WHAT THAT REALLY MEANS." ATTORNEY GARGANESE SAID, "THERE WILL BE A CONSERVATION EASEMENT THAT IS GOING TO BE PREPARED AND RECORDED AGAINST THE LAND. THE CITY WILL BE ONE OF THE HOLDERS OF THE CONSERVATION EASEMENT. IN ADDITION, THIS AGREEMENT GIVES THE CITY THE RIGHT TO ALSO ASSIGN THAT TO SOME OTHER THIRD PARTY. NOW, UNRELATED TO THIS, BUT SOMEWHAT THAT IS RELEV ANT, I GAVE YOU AN OPINION LETTER REGARDING THE WINTER SPRINGS GOLF COURSE AND UNDER FLORIDA LAW, UNDER FLORIDA STATUTORY CONSERVATION EASEMENTS, THERE ARE CERTAIN PARTIES THAT CAN ACTUALLY HOLD THOSE EASEMENTS. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - OCTOBER 2, 2007 PAGE 6 OF 12 THEY HAVE TO BE EITHER A GOVERNMENTAL AGENCY, A TRUST, OR A CHARITABLE CORPORATION THAT IS ORGANIZED FOR CONSERVATION PURPOSES. SO, THE CITY AT ITS DISCRETION CAN ASSIGN THIS CONSERVATION EASEMENT TO THAT TYPE OF ENTITY." COMMISSIONER GILMORE ASKED, "IS THERE ANYTHING THAT PROHIBITS A FUTURE COMMISSION FROM RELIEVING THAT CONSERVATION EASEMENT?" ATTORNEY GARGANESE SAID, "I HAVE GIVEN YOU THAT OPINION LETTER REGARDING WINTER SPRINGS GOLF COURSE, AND I WOULD RECOMMEND THAT YOU TAKE A LOOK AT THAT AND - ANALYZE WHAT YOU WANT TO DO WITH WINTER SPRINGS GOLF COURSE. YOU CAN DO THE SAME WITH RESPECT TO THIS EASEMENT AS WELL. YOU CAN PUT ANOTHER PARTY - IN THE BATTER'S BOX, SO TO SPEAK, PROTECTING THE CONSERVATION PURPOSES IN THE EASEMENT. YOU CAN EVEN GRANT UNDER THE FLORIDA STATUTES TO SOME THIRD PARTY, THE RIGHT TO ENFORCE THAT CONSERVATION EASEMENT AS WELL." FURTHER COMMENTS WERE MADE. COMMISSIONER GILMORE THEN ASKED, "THERE IS QUITE A BIT OF PROPERTY IN THE CONSERVATION EASEMENT, LITERALLY THE WHOLE DRIVING RANGE; A SIGNIFICANT P ART OF NUMBER 1 FAIRWAY. THE COUNTRY CLUB WILL STILL BE ALLOWED TO USE THAT CONSERVATION EASEMENT FOR GOLF PURPOSES." ATTORNEY GARGANESE SAID, "THAT IS CORRECT. THEY CAN USE IT FOR GOLF AND COUNTRY CLUB PURPOSES." COMMISSIONER GILMORE SAID, "THEY COULD MOVE THE NUMBER 1 - GREEN - HOLE ELSEWHERE IF THEY WANTED TO UNDER THE EASEMENT. IS THAT CORRECT?" ATTORNEY GARGANESE SAID, "THAT IS CORRECT." ATTORNEY GARGANESE SAID, "IT HAS TO BE USED FOR GOLF COURSE PROPERTY." DISCUSSION. VOTE: DEPUTY MAYOR McGINNIS: AYE COMMISSIONER BROWN: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - OCTOBER 2, 2007 PAGE 7 OF 12 REGULAR 601. Office Of The City Manager POSTPONED Requesting The City Commission To Hear An Appeal From Mr. Lon Miller Of 1314 Deer Run Regarding An Improperly Issued Fence Permit. (I'his Agenda Item Is Being Postponed To The October 22, 2007 Regular City Commission Meeting At The Request Of The Applicant). Manager McLemore said, "We recommend that this be delayed for another two (2) weeks at the request of his Attorney. He has brought on Mr. [Michael D.] Jones as his Attorney and he did request documents and time to prepare to present his Appeal." "I MAKE A MOTION WE MOVE IT TO THE FIRST MEETING IN NOVEMBER." MOTION BY COMMISSIONER GILMORE. SECONDED BY DEPUTY MAYOR McGINNIS. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. REGULAR 602. Police Department - Code Enforcement Bureau Requests The Commission Review Information And Provide Direction Regarding Alternatives For Enforcement Of On-Street Parking In The City, And Allowing For On-Street Parking On Certain Roadways Within The City. Captain Glenn Tolleson, Police Department spoke on this Agenda Item. Discussion. Tape liS ide B Further discussion continued. Mr. Brian Fields, P.E., City Engineer, Public Works Department addressed questions from the City Commission. Further discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - OCTOBER 2, 2007 PAGE 8 OF 12 Manager McLemore said to Captain Tolleson, "Were you recommending in these areas, just blanket approval or were you recommending a permit type process?" Captain Tolleson responded by saying, "We were not talking about a permit process as of yet, just a blanket approvaL." Manager McLemore added, "... Just monitor it and see how it works." Manager McLemore then noted, "So, the answer was, it would be open parking for a year?" Captain Tolleson said, "One (1) year, yes Sir." Manager McLemore then asked, "Is there any validity to trying it a couple different ways in different neighborhoods?" Captain Tolleson said, "Be happy to." Continuing, Manager McLemore said, "Would you try a permit system in one (1) area and just open parking in another?" Captain Tolleson said, "We could do that..." Manager McLemore said, "...And see how the two (2) work." Captain Tolleson said, "We could do that. I could design a permit that would..." Manager McLemore said, "...It just might confuse people too." Captain Tolleson said, "It may, but if we can get into these different neighborhoods - we can split it up and see how it works - would you want that permit to be on a Fee basis or would it be on trial and error?" Manager McLemore said, "Initially, I would assume it wouldn't be Fee basis, it just would be trial for control purposes." Captain Tolleson said, "We could do that." Tape 2/Side A Discussion. "I MAKE A MOTION THEN THAT WE APPROVE ON A CASE BY CASE BASIS CITY-WIDE STREET PARKING - IF IT WILL FIT AND IT MEETS ALL THE SAFETY STANDARDS AND ROAD STANDARDS AND THE ABILITY FOR FIRE EQUIPMENT TO GET UP AND DOWN THE STREET - ON THOSE AREAS OF THE CITY WHERE THERE IS CURBING." MOTION BY COMMISSIONER MILLER. MOTION DIED FOR LACK OF A SECOND. "I MOVE THAT WE IMPLEMENT Alternative [#] 3 AS PROPOSED BY CAPTAIN TOLLESON TO IMPLEMENT A ONE (1) YEAR PILOT PROGRAM ALLOWING ON-STREET PARKING IN SELECTIVE SUBDIVISIONS ON A TEMPORARY BASIS AND EVALUATE IT IN A YEAR. HE MENTIONED THE NEIGHBORHOODS AS MT. GREENWOOD, OAK FOREST, AND NORTH ORLANDO TERRACE - BASED ON YOUR DETERMINATION OF WHAT ROADS CAN ACCOMMODATE THAT." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - OCTOBER 2, 2007 PAGE 9 OF 12 DEPUTY MAYOR McGINNIS SAID, "HAVE IT FOR THESE THREE (3) COMMUNITIES ON A TRIAL BASIS AND IF ANYBODY WANTS TO PETITION - WE HAVE HAD PETITIONERS COME IN BEFORE AND WE HAVE GRANTED IT FOR COMMUNITIES WHO WANTED THAT ON- STREET PARKING." COMMISSIONER KREBS SAID, "I WOULD LIKE TO AMEND THE MOTION TO INCLUDE ANY AREA OF THE CITY THAT - CAN ACCOMMODATE THIS TYPE OF PARKING, MEANING THE STREETS." COMMISSIONER KREBS ADDED, "I WOULD LIKE THIS MOTION - I WOULD LIKE TO INCLUDE THE WHOLE CITY." MAYOR BUSH SAID, "THE AMENDMENT TO THE MOTION IS REALLY THE MOTION..." COMMISSIONER KREBS SAID, "...WHAT COMMISSIONER MILLER HAD SAID, "YES." MAYOR BUSH NOTED, "THE AMENDMENT IS THAT THIS WOULD MAKE IT CITY-WIDE." COMMISSIONER KREBS SAID, "RIGHT." MAYOR BUSH SAID, "WHICH WAS THE MOTION THAT DID NOT GET A SECOND." COMMISSIONER KREBS SAID, "IT WAS FROM THE MOTION THAT DID NOT GET A SECOND." COMMISSIONER KREBS RESTATED HER MOTION BY SAYING, "I WANTED TO AMEND THE MOTION TO MAKE IT CITY-WIDE SO THAT IT WAS EQUITABLE." AMENDMENT TO THE MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER MILLER. DISCUSSION. COMMISSIONER MILLER SAID, "THE AMENDMENT TO THE AMENDMENT IS THAT EACH CASE MUST REQUEST A PERMIT AND THAT THE PERMIT WOULD BE VALID FOR ONE (1) YEAR; THAT A TAG WOULD BE ISSUED TO THE VEHICLE, THAT ONE (1) PARTICULAR VEHICLE AND NOT OTHER VEHICLES AND THAT IT WOULD ONLY BE FOR ONE (1) YEAR, FOR THE VEHICLE." AMENDMENT TO THE AMENDMENT TO THE MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER KREBS. DISCUSSION. COMMISSIONER MILLER ADDED, "TWENTY-FIVE DOLLARS ($25.00) FOR THE PERMIT IN THE MOTION." SECONDED BY COMMISSIONER KREBS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - OCTOBER 2, 2007 PAGE 10 OF 12 MANAGER McLEMORE SAID, "I WOULD LIKE TO RECOMMEND THIS MATTER BE TABLED. WE CAN COME BACK TO YOU." "I MOTION THIS AGENDA ITEM BE TABLED AND BROUGHT BACK." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE FOLLOWING ISSUES WERE DISCUSSED NEXT, AS DOCUMENTED. .:..:. Ms. Elsie Bledsoe, 180 East Panama Road, Winter Springs, Florida: spoke about her property and requested a lot split. Manager McLemore said, "It would have to be Agended for consideration. My question is, have we not already considered this lot split?" Commissioner Krebs said, "We have; and it was the reason - we came up with the - current Ordinance." Manager McLemore then asked, "Does the Commission want an Agenda Item prepared on this or not?" "MOTION TO DENY." MOTION BY COMMISSIONER MILLER. SECONDED BY DEPUTY MAYOR McGINNIS. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. Mr. Jeff Morris, 725 Seneca Meadows Road, Winter Springs, Florida: spoke about on- street parking. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - OCTOBER 2, 2007 PAGE II OF 12 Mayor Bush mentioned an email from Ms. Elizabeth Westerman regarding the Taxation and Budget Reform Committee meeting on October 4th, 2007, between 4:00 and 7:00 p.m. Mayor Bush stated, "Also, on November the 12th, which is our - first Meeting in November is a Holiday." Commissioner Rick Brown said, "The 13th [of November] we have the Special Meeting on the Ranchlands Fence issue. Did we want to just incorporate that into the General Meeting?" Mayor Bush said, "The 13th. Everybody in agreement?" City Clerk Andrea Lorenzo-Luaces asked, "The issue that you postponed to another date with - Mr. Lon Miller, you want that handled on that date?" Mayor Bush said, "That would be that day too - the 13 th." Mayor Bush said, "Let's have a Motion to move this meeting to the 13 th?" "SO MOVED." MOTION BY COMMISSIONER BROWN. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER McGINNIS." DISCUSSION. MAYOR BUSH SAID, "THE MOTION IS THE MEETING WOULD BE THE 13th, STARTING AT OUR REGULAR TIME WHICH WOULD BE 5:15 [P.M.]" VOTE: COMMISSIONER MILLER: AYE COMMISSIONER GILMORE: NAY DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. Manager McLemore spoke of an unappropriated three hundred thousand dollars ($300,000.00) left in the Budget. Mayor Bush suggested, "Just make it an Agenda Item for the second Meeting then in October." Deputy Mayor McGinnis said, "I would also request that the parking issue not be brought back if I am not here, on an Agenda." Mayor Bush asked, "When are you going to come back?" Deputy Mayor McGinnis said, "The 16th." Mayor Bush asked, "Do you want to do the parking issue then maybe at our second Meeting in November which would be the 26th?" Deputy Mayor McGinnis said, "If the City Manager would have something ready by then." Manager McLemore said, "Certainly." Brief comments were then made about a newspaper article related to the Black Hammock. ADJOURNMENT Mayor Bush adjourned the Special Meeting at 8:25 p.m. RESPECTFULLY SUBMITTED: A LORENZO-LUACES, CMC CLERK M .r~\( ~ ,USH CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - OCTOBER 2, 2007 PAGE 12 OF 12 NOTE: These Minutes were approved at the October 22,2007 Regular City Commission Meeting.