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HomeMy WebLinkAbout2007 09 24 Consent 208 Approval of City Commission Regular Meeting Minutes 091007 EXEMPTION CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING SEPTEMBER 10, 2007 CALL TO ORDER The Regular Meeting of Monday, September 10, 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, absent 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 6:09 p.m. Mr. Kevin Smith, Director, General Services Department, arrived at 5:16 p.m. City Attorney Anthony A. Garganese, present A moment of silence preceded the Pledge of Allegiance. Mr. Kevin Smith, Director, General Services Department arrived at 5: 16 p. m. .:. .:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS DISCUSSED NEXT, AS DOCUMENTED. .:..:. REGULAR AGENDA REGULAR 603. Office Of The City Manager Requesting The City Commission To Hear An Appeal From Mr. Lon Miller Of 1314 Deer Run Drive Regarding An Improperly Issued Fence Permit. Mayor Bush mentioned a letter from Mr. Lon Miller asking that this Agenda Item be Tabled for "Three (3) weeks." Mayor Bush stated, "If you want to Table it, if so, we need a Motion to Table." ~ ~ ;::~ C'.:) ~ ~ po<@! ~ ~-~ ~=...n ;;;;;:;;. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 10, 2007 PAGE 2 OF 29 "SO MOVED." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. "I MAKE A MOTION TO BRING THAT ISSUE UP ON OCTOBER 2ND AND NOTIFY." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. COMMISSIONER KREBS MENTIONED THAT ON THIS ISSUE "WE ARE JUST ADDING IT TO THAT SPECIAL MEETING." VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Mayor Bush said to Mr. Smith, "Will you make sure that Mr. Miller is notified that it will be October the 2nd, which is a Tuesday. That Meeting starts at 6:30 p.m." INFORMATIONAL AGENDA INFORMATIONAL 100. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. No discussion. INFORMATIONAL 101. Public Works Department Providing The City Commission With Information Regarding The Travel Lane Configuration At The Sheoah Boulevard ISR (State Road) 434 Intersection. Brief discussion. ~ ~:;~ ~:i ~ ~ ~ ~ ~ ~ ~ ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 10, 2007 PAGE 3 OF 29 INFORMATIONAL 102. Public Works Department Providing The City Commission With A Summary Of The Gee Creek Bank Stabilization Project Funding History. Discussion. COMMISSIONER MILLER SAID, "I WOULD SUGGEST THAT THE CITY WRITE ANOTHER LETTER PETITIONING THEM TO ACT AS QUICKLY AS POSSIBLE ON THIS BECAUSE WE ARE INTERESTED IN SEEING IT GET DONE - AND WOULD THEY PLEASE CONSIDER IT." COMMISSIONER MILLER ~DDED, "IT IS A MOTION." SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. INFORMATIONAL 103. Office Of The City Manager Providinf The City Commission With Information Regarding The City Pension Plan's 3r Quarter FY (Fiscal Year) 2007 Investment Performance. Discussion. Mayor Bush stated, "Can we have a Motion for approval of the Informational" Agenda? "SO MOVED." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER BROWN : AYE COMMISSIONER MILLER: AYE COMMISSIONER GILMORE: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. ~ fE;"lJ;.;;J ~ c::" ~ CL...a Q..... ~~ ;----. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 10, 2007 PAGE 4 OF 29 CONSENT AGENDA CONSENT 200. Police Department Informing The Commission Of The Current Information Relating To The Use Of Automated Red Light Traffic Camera Enforcement. Chief of Police Daniel J. Kerr introduced this Agenda Item and a video presentation was shown. "I WOULD LIKE TO MAKE A MOTION TO BRING BACK A PROPOSAL TO NEGOTIATE A CONTRACT WITH SOMEBODY - OR OBTAIN QUOTES - FROM PROSPECTIVE COMPANIES THAT ARE INTERESTED IN DOING THIS AND LET'S GET STARTED." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER BROWN. DISCUSSION. MR. SMITH SAID, "IF WE ARE GOING TO MOVE FORWARD AND IF THAT IS YOUR DESIRE, WE OBVIOUSLY NEED TO DO A FORMAL RFP (REQUEST FOR PROPOSAL) AND GO THROUGH THE WHOLE PROCESS, AND I BELIEVE THAT'S WHAT YOU'RE SAYING." COMMISSIONER KREBS REMARKED, "YES." MAYOR BUSH STATED, "I THINK THAT IS WHAT THE MOTION WAS." VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE FOLLOWING CONSENT AGENDA ITEMS WERE VOTED ON NEXT, AS DOCUMENTED. .:. .:. CONSENT AGENDA CONSENT 201. Information Services Department Requests Authorization To Dispose Of Surplus Assets According To The Attached Disposition Sheets. There was no discussion on this Agenda Item. """""..,.."""'" 1iJ..~~~ r'-_ 'i\1 ~;~""""'4 ;::;z~ .~ ~ ~ ~ ~ ~ r-::-> CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 10, 2007 PAGE 5 OF 29 CONSENT 202. Office Of The City Clerk Approval Of The August 23, 2007 City Commission Workshop Minutes. No discussion. CONSENT 203 Office Of The City Clerk Approval Of The August 27, 2007 City Commission Regular Meeting Minutes. This Agenda Item was not discussed. CONSENT 204. Office Of The City Clerk Approval Of The August 29,2007 City Commission Workshop Minutes. There was no discussion on this Agenda Item. Mayor Bush stated, "Any other Consent Agenda Items, Commissioners? If not, can we have a Motion then to approve the others." "SO MOVED." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER MILLER. DISCUSSION. MAYOR BUSH REMARKED THE MOTION "TO APPROVE THE REST OF THE CONSENT AGENDA WHICH IS '201' THROUGH '204'." VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. ;K~;Lu.t:jj~~'<-%l ~~~~'A ir:~,,~"1i ~".~."t~ i~~,~~lJ 4',!;"':;'l.~ "~..~~~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 10,2007 PAGE 6 OF 29 AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Office Of The Mayor Presentation Of Resolution Number 2007-31 Expressing Appreciation To Ethel Beecher For Her Outstanding Service As A Member Of The City Of Winter Springs Beautification Of Winter Springs Board. Mayor Bush presented Resolution Number 2007-31 to Ms. Ethel Beecher. AWARDS AND PRESENTATIONS 301. Office Of The Mayor Presentation Of Resolution Number 2007-32 Expressing Appreciation To Kathryn Fairchild For Her Outstanding Service As A Member Of The City Of Winter Springs Board Of Adjustment. Resolution Number 2007-32 was presented to Ms. Kathryn Fairchild by Mayor Bush. REPORTS REPORTS 400. Office Of The City Attorney - Anthony A. Garganese, Esquire No Report. REPORTS 40L Office Of The City Manager - Ronald W. McLemore No Report. REPORTS 402. Office Of The City Clerk - Andrea Lorenzo-Luaces, CMC No Report. REPORTS 403. Commission Seat Two - Rick Brown Commissioner Rick Brown spoke ofthe Adopt-A-Road program. ~~ ilr":, -iJ .,..;~~ ~ 't::) ~ 8:. ~ ;---:j CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 10, 2007 PAGE 7 OF 29 Mayor Bush said, "I don't think it is a bad idea. Do you want to make a Motion?" "SO MOVED." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER MILLER. DISCUSSION. MAYOR BUSH ADDED, "THE MOTION WOULD BE THAT..." COMMISSIONER BROWN NOTED, "...WE INVESTIGATE HOW TO DO THAT." MAYOR BUSH THEN SAID, "INVESTIGATE AND GET THE COSTS, ETC. - AND BRING IT BACK TO THE COMMISSION THEN FOR FURTHER ACTION." VOTE: COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Next, Commissioner Brown spoke of a Town Hall Meeting held last week and previous research discussions about a community pool. Commissioner Robert S. Miller stated, "I would like to see both items brought back, both the pool issue and the Winter Springs activity center - community center." Commissioner Miller explained, "Both of which were originally considered to be placed in Central Winds Park." "SO MOVED. I WOULD LIKE TO ADD THAT." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER MILLER. DISCUSSION. MAYOR BUSH ADDED, "THAT MOTION I AM SURE, TO BRING BACK THE FUNDING SOURCES AS WELL. I MEAN YOU HAVE GOT DIFFERENT WAYS YOU CAN FUND THOSE KIND OF THINGS, SO THIS WOULD BE THE POOL AND THE - COMMUNITY CENTER." COMMISSIONER GILMORE NOTED, "I WOULD LIKE TO HAVE US CONSIDER A SKATEBOARD PARK OF SOME SORT IN THAT ALSO." MAYOR BUSH ASKED, "IS THAT A MOTION TO ADD SKATEBOARD PARK TO THE..." COMMISSIONER GILMORE STATED, "...YES." AMENDMENT TO THE MOTION BY COMMISSIONER GILMORE. SECONDED BY COMMISSIONER BROWN. DISCUSSION. ~~~~~:=:~) """,,~,..~li ~it"""ll fk,~~"",,~ ~'11!! ,._vr.i1i ~'''''3 ~ ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 10,2007 PAGE 8 OF 29 FURTHERMORE, COMMISSIONER MILLER REMARKED, "I WOULD LIKE TO MAKE SURE THAT IT IS A SEPARATE ITEM AND THE FUNDING IS IDENTIFIED." MAYOR BUSH NOTED, "I THINK ALL THREE (3) OF THEM SHOULD BE SEPARATE ITEMS - BECAUSE THEY ARE DIFFERENT AMOUNTS OF MONEY." VOTE: (ON THE AMENDMENT) COMMISSIONER GILMORE: AYE C:OMMTSSTONRR BROWN: A VR COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. VOTE: (ON THE MAIN MOTION, AS AMENDED) COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN : AYE MOTION CARRIED. Commissioner Brown then spoke of staffing for the Office of the City Clerk. Tape I/Side B COMMISSIONER MILLER STATED, "WE HAVE A BUDGET MEETING COMING UP TOMORROW NIGHT AND I WOULD LIKE TO HAVE THIS PUT ON THE AGENDA. WE HAVE THE RESOURCES AVAILABLE TO ADDRESS THIS PROBLEM. I THINK WE SHOULD DO IT TOMORROW EVENING. AND IF IT - SIX (6) MONTHS OR A YEAR, WE CAN ALLOCATE THE FUNDS TOMORROW EVENING." COMMISSIONER MILLER ADDED, "I WILL MAKE THAT A MOTION." SECONDED. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. ~ ~~ ~~ ~ cd ~ ~ ~ ~ ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 10, 2007 PAGE 9 OF 29 REPORTS 404. Commission Seat Three - Donald A. Gilmore Commissioner Donald A. Gilmore mentioned the stop sign at Northern Way and Duncan Drive and mentioned that when the lights are on, along Northern Way, going east over the hill, the stop sign is backlit by the streetlights and it is hard to see. Chief Kerr said, "We will take care of that." REPORTS 405. Commission Seat Fourilleputy Mayor - Sally McGinnis Absent. REPORTS 406. Commission Seat Five - Joanne M. Krebs COMMISSIONER KREBS MADE AN APPOINTMENT TO THE OAK FOREST WALL AND BEAUTIFICA TION DISTRICT ADVISORY COMMITTEE, SAYING "THAT WOULD BE TO RECOMMEND KATHY MOGHADAS." MOTION BY COMMISSIONER KREBS. MAYOR BUSH NOTED, "THAT IS A MOTION TO APPOINT." SECOND BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE . COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Next, Commissioner Joanne M. Krebs brought up parking in yards. The October 2nd, 2007 Special Meeting was then mentioned. . The Beautification Districts and Government Services Group, Inc. was discussed next with Commissioner Krebs who mentioned that Manager McLemore had previously mentioned that we could take that over, which might save us some money. Mr. Smith said, "I believe that is on the City Manager's mind, especially in light of the potential new Fire Assessment District that may come into play." Commissioner Krebs asked it be brought to the forefront. Commissioner Krebs mentioned there was cake and ice cream for all in the lobby. ~=~ ''li-~"",... ~-~'lI ft~,"'~, ~~ ~'aI ,..~ ~ ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 10, 2007 PAGE 10 OF 29 City Manager Ronald W McLemore arrived at 6:09 p.m. Discussion followed with Acting Fire Chief David O'Brien on the current status of Fire Engines and whether the proposed Fire Assessment District could handle compression issues as well. With further discussion, Manager McLemore said, "The Fire Fee allows us to reduce our taxes consistent with what the Legislature is requesting - we are going to do that by virtue of getting a new revenue source. That revenue source will have a revenue neutral effect on the General Fund. It will have a revenue neutral effect on the General Fund because you are going to reduce your taxes by the amount of that new revenue." Commissioner Krebs asked to further discuss this issue tomorrow. Manager McLemore responded, "Yes." Further discussion. REPORTS 407. Office Of The Mayor - John F. Bush Mayor Bush asked if the Water Testing information from Doug Taylor (Superintendent, Utility Department) had been sent to the resident who had brought up this issue at last Thursday's Town Hall Meeting. Next, Mayor Bush brought up information on 2010 Census training. Mayor Bush mentioned that October 2ih is "National Make a Difference Day" and asked if the City Commission was interested in doing anything in honor of this day? No suggestions were made. Lastly, Mayor Bush spoke of information he forwarded from the Property Appraiser. REPORTS 408. Commission Seat One - Robert S. Miller Commissioner Miller asked if Manager McLemore had set up a meeting with the Scottish Highland Games people; and asked if Manager McLemore would check with them. Manager McLemore responded, "1 will." Next, Commissioner Miller commented on the State Road 434 center divider near the previous Eckerd's store and asked that Staff look into this. ~ ~ ~ ~. ~ ~~Ji ~ ~ ~.:~ ~;:;;''''<:::J ~,) CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 10, 2007 PAGE 11 OF 29 Commissioner Miller commented on the agenda of the Florida League of Cities. Mayor Bush suggested that "I would recommend that we ask one of the League official's to come down and address the Commission." "I MAKE A MOTION THAT WE INVITE THE LEAGUE TO COME." MOTION BY COMMISSIONER MILLER. MAYOR BUSH ADDED, "THAT WE INVITE A LEAGUE REPRESENT A TIVE AND SECONDED BY COMMISSIONER BROWN." DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER BROWN : AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. With further comments, Mayor Bush suggested that the other six (6) cities and the County also attend any Meeting we arrange. Lastly, Commissioner Miller commented on the Urban Rural Boundary and an article in the Orlando Sentinel this past Sunday. Mayor Bush suggested, "I would like to recommend that we ask the Manager to contact the Manager of Oviedo and the County Manager to get a little more information on this." "SO MOVED." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN : AYE MOTION CARRIED. PUBLIC INPUT No one spoke. Mayor Bush called a Recess at 6:26 p.m. The Regular Meeting was called back to Order by Mayor Bush at 6:52 p.m. ~ ~ ~~ c:::J c= ~ C\-.s ~ ~~ ~-!I ;;=:;. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 10, 2007 PAGE 12 OF 29 .:..:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS DISCUSSED NEXT, AS DOCUMENTED. .:..:. REGULAR AGENDA REGULAR 602. Office Of The City Manager Requesting The City Commission To Consider Settlements With David & Shelli Smith And Michael & Lorraine Camarano Resulting From Sewer System Back-Ups During Hurricane Charley And Approval A Supplemental Appropriation From Utility Fund Reserves For Funding Of These Settlements. "I WILL MAKE A MOTION TO TABLE UNTIL OCTOBER 8TH." MOTION BY COMMISSIONER GILMORE. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Office Of The City Manager Requesting That The City Commission Hold A Public Hearing Relative To The Approval Of Resolution Number 2007-40, Which Establishes The Tentative Operating Millage Rate Fiscal Year 2007-2008 For The City Of Winter Springs At 4.2919 Mills Which Is 9.20% Above The Rolled-Back Rate Of 3.9303 Mills And The Tentative Voted Debt Service Millage Rate For Fiscal Year 2007-2008 For The City Of Winter Springs At 0.1022 Mills. Mayor Bush opened the "Public Input" portion of the Agenda Item. Mr. Ron Ligthart, 1036 Winding Waters Circle, Winter Springs, Florida: spoke of his concerns with the City's Pension Plan. Mr. Thomas Freeman, : made a "Point of Order" and mentioned Agenda Item "600", ~~ ~~ ~;~~ "-'!I ~:.~ ,.,~."';iJI ..........\ilf...iI ~"'!l ~ ~ ~ ;;:';;;-Ji CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 10,2007 PAGE 13 OF 29 Mayor Bush closed the "Public Input" portion of the Agenda Item. Ms. Michelle Greco, Director, Finance Department introduced this Agenda Item briefly. "MOTION TO APPROVE." MOTION BY COMMISSIONER BROWN. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER GILMORE." DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. PUBLIC HEARINGS 501. Office Of The City Manager Requesting That The City Commission Hold A Public Hearing Relative To The Approval Of Resolution Number 2007-41, Establishing The Tentative Budget For Fiscal Year 2007-2008. 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. Ms. Greco presented this Agenda Item to the City Commission. "MOTION TO APPROVE." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER BROWN : AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 10,2007 PAGE 140F29 PUBLIC HEARINGS 502. Community Development Department Requests The City Commission Hold A Public Hearing For Second Reading And Adoption Of Ordinance Number 2007-23. This Ordinance Finalizes The Districting Commission's Recommendation For The Revised City Commission District Boundaries, Reflecting The January 31, 2007 Population. City Attorney Anthony A. Garganese read the Ordinance by "Title" only. Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. "MOTION TO APPROVE." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN : AYE MOTION CARRIED. PUBLIC HEARINGS 503.1 Community Development Department - Planning Division Requests That The City Commission Approve The 2007 Interlocal Agreement For Public School Facility Planning And School Concurrency (ILA). 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. Ms. Eloise SaWstrom, ASLA, AICP, Senior Planner, Community Development Department spoke on this Agenda Item. Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 10,2007 PAGE 15 OF 29 Mr. Scott Stegall, Director of Capital Outlay, Seminole County Public Schools, 400 East Lake Mary Boulevard, Sanford, Florida: mentioned for the Record that recorded Development Agreements between local governments and the County are exempt. "MOTION TO APPROVE." MOTION BY COMMISSIONER BROWN. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER GILMORE." DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. PUBLIC HEARINGS 503.2 Community Development Department - Planning Division Requests That The City Commission Hold A Public Hearing For First Reading And Transmittal To The Department Of Community Affairs Of Ordinance 2007-22, A Large Scale Comprehensive Plan Text Amendment, Establishing A Public School Facilities Element And Amending The Capital Improvements And The Intergovernmental Coordination Elements Consistent With Chapter 163, Florida Statutes. Mayor Bush stated, "Can we have a Motion to read by 'Title' only." "SO MOVED." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" only. Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. il""%""",,"!> I~~",,~' ~~~:~;~ 0'511""1. H L_iLil.~"ili I I , t: -~:1,'J t;=;;.) CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 10, 2007 PAGE 160F29 Mayor Bush closed the "Public Input" portion of the Agenda Item. Ms. Sahlstrom commented on this Agenda Item. Discussion. "I WILL MAKE A MOTION THAT WE APPROVE." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER BROWN. DISCnSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. PUBLIC HEARINGS 504. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For Second Reading/Adoption Of Ordinance 2007-06, A Large Scale Comprehensive Plan Amendment, Which Changes The Future Land Use Map Designation Of Two (2) Parcels Containing 28.9 Gross Acres, More Or Less, Located At 1900 DeLeon Street (The Southwest Corner Of DeLeon Street And Howard Avenue) From (Seminole County) "Rural-3" (1 Dwelling Unit Per 3 Acres) To (Winter Springs) "Public/Semi- Public" With "Conservation Overlay" (On Those Affected Areas). Attorney Garganese read the Ordinance by "Title" only. Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. Ms. Sahlstrom stated, "I did want to say we do have a Citizen Courtesy Information List if anybody from the public did want to be noticed from the State." Ms. Sahlstrom added, "It is out there on the table in the Lobby." Tape 2/Side A i{~~::~~' ~';~:: i'~~~~ Cl",,~ ~"~ ~"I:;.:;!I ~ -'~ ~- CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 10, 2007 PAGE 17 OF 29 "MOTION TO APPROVE." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN : AYE COMMISSIONER MILLER: AYE MOTION CARRIED. PUBLIC HEARINGS 505. Community Development Department - Planning Division Requests That The City Commission Hold A Public Hearing For 2nd Reading And Adoption Of Ordinance 2007-07, A Large Scale Comprehensive Plan Amendment, Which Changes The Future Land Use Map Designation Of Three (3) Parcels Containing 29.3 Gross Acres, More Or Less, Located Immediately West Of DeLeon Street At Cress Run From (Seminole County) "Rural-3" (1 Dwelling Unit Per 3 Acres) To (Winter Springs) "Rural Residential" (Up To 1 Unit Per Gross Acre) With "Conservation Overlay" (On Those Affected Areas). Attorney Garganese read the Ordinance by "Title" only. Mayor Bush opened the "Public Input" portion of the Agenda Item. Ms. Margaret Wharton, Esquire, 456 South Central Avenue, Oviedo, Florida: commented on buffers; other properties; economic task force recommendations; and her comments from earlier this year. Mayor Bush closed the "Public Input" portion of the Agenda Item. Ms. Sahlstrom stated, "I would make mention again that we do have a Citizen Courtesy Information List if anyone cares to fill out their name so that they can be contacted by the State. That again is in the Lobby." Continuing, Ms. Sahlstrom said, "The State reviewed our Transmittal and responded with no comments with their ORC (Objections, Recommendations, and Comments) Report which means that they do not object - the Amendment has been properly 'Noticed'." Discussion. "I MOVE TO ADOPT ITEM '505'." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. ~~;';~=jJ 'I1<~~";.'.F;:;^"'~ [l-J~~.u""~.}_~ ~"-""'~~?Il'! ~'''.." ~.,"" ~iku-~~:oo;~ es-F,lli~ l'.l.;~-'~~ tt:~~r~f}~ Q""" ~ .i!:i"'l"M,.<.1; '2 -".",.>ii{,:\ ~~~~ ",~j';ll ~~"'--t~ ~~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 10, 2007 PAGE 180F29 VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN : AYE COMMISSIONER MILLER: AYE MOTION CARRIED. PUBLIC HEARINGS 506. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For 2nd Reading And Adoption Of Ordinance 2007-14 Which Rezones 29.3 Acres (More Or Less), Located Immediately West Of DeLeon Street At Cress Run From (Seminole County) "A-3" Agricultural To (Winter Springs) "R-C1" Single Family Dwelling District (Minimum Lot Size - 1 Acre). Attorney Garganese read the Ordinance by "Title" only and noted, "On 'Section 5.', it has a Conditional 'Effective Date'. This Ordinance shall become effective immediately upon 2007-07 becoming effective." Mayor Bush opened the "Public Input" portion of the Agenda Item. Ms. Margaret Wharton, Esquire, 456 South Central Avenue, Oviedo, Florida: representing Mr. Don Weaver, Ms. Wharton addressed the City Commission on the 'Use' of the property and Zoning. Mayor Bush closed the "Public Input" portion of the Agenda Item. Ms. Sahlstrom said, "Staff has reviewed these items and does believe that it meets the requirements of our Code for a Re-Zoning and that they were satisfied. This did go to the LPA (Local Planning Agency), they recommended Approval." "MOTION TO ADOPT ORDINANCE 2007-14 - ITEM '506'." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. .;;ii~:~~~. S;-~~"'~l ~,""". CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 10, 2007 PAGE 190F29 .:..:. AGENDA NOTE: THE FOLLOWING REPORTS WERE DISCUSSED NEXT, AS DOCUMENTED. .:..:. REPORTS REPORTS 401. Office Of The City Manager - Ronald W. McLemore Manager McLemore said, "A question came up about the Commission's intention to go forward with an Appeal of the Administrative Law Judges opinion on a lawsuit that we filed for sanctions against the Highlands, and the Court denied us any compensation in that situation of the monies we had spent defending that lawsuit. So, the question was, is the Commission satisfied with this issue now or does the Commission desire to go forward with some type of Appeal. And, the City Attorney and I just need to know what your current thinking on that is. Because the question has been asked by the people there and we need to give them some kind of an answer." Discussion. "I MAKE A MOTION THAT WE DO NOT MOVE FORWARD ON THIS." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER KREBS: AYE COMMISSIONER MILLER: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. Manager McLemore then suggested that we restrict truck and bus usage on Blumberg Boulevard and noted, "I think we need to pass an Ordinance, whatever we need to do to prevent that. So, if you're in agreement with that, we'll structure something up and bring it back to you at the next Meeting." "MOTION TO BRING BACK THE CITY MANAGER'S REQUEST TO LIMIT VEHICLE USAGE ON BLUMBERG" BOULEVARD. MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER MILLER. DISCUSSION. :~;:~ ~ ,.~') ~~'~.~~ ~b..m ,~~~'E:~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 10,2007 PAGE 20 OF 29 VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN : AYE MOTION CARRIED. REPORTS 407. Office Of The Mayor - John F. Bush In other business, Mayor Bush mentioned discussions with Winter Springs High School over removing a tree, a sign, and related Permitting Fees. "I WOULD LIKE TO MOVE THAT WE BRING THIS BACK AS A SEPARATE AGENDA ITEM." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMMISSION GILMORE. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. .:. .:. AGENDA NOTE: THE ADDITIONAL PUBLIC INPUT WAS HEARD NEXT, AS DOCUMENTED. .:..:. PUBLIC INPUT Mr. Tom Freeman, 900 Dyson Drive, Winter Springs, Florida: commented on the Tuscawilla Country Club as it relates to Regular Agenda Item '600' and noted he was against this Application. ".,~!f"" .., :''rnMl~!:,~ ~~~:.'T~~~C! f~;~i,~ ~-"-J';f" ~..Wi%.fiiii!Vlf '~'~'lWlII' ~'--I'l ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 10,2007 PAGE 21 OF 29 .:. .:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS DISCUSSED NEXT, AS DOCUMENTED. .:..:. REGULAR AGENDA REGULAR 600. Community Development Department Requests The Commission Consider A Conceptual Development Plan For A 60 Unit Condominium Development On A Portion Of 135.56 Acres (According To The Application), Located On The South Side Of Winter Springs Boulevard, Adjacent To Howell Creek, Within The Tuscawilla Golf And Country Club And The Tuscawilla Planned Unit Development (PUD). Staff Estimates The Parcel Size To Be Approximately 10 Acres. Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department presented this Agenda Item and displayed a presentation. Discussion. Commissioner Krebs stated, "My concern right now is the density issue and I don't know if the Developer has had an opportunity to talk to the citizens in Tuscawilla to find out what it is they would like to see in their development as well - and we have had charettes, are we planning one of those?" Mr. Stevenson stated, "Had not planned one at this point." Manager McLemore noted, "It wouldn't be the City's responsibility to do that." Commissioner Krebs added, "Usually we encourage it." Commissioner Gilmore stated, "Mike Gardner from the Country Club has told me that he is planning to hold a session with members of the Club and with the Tusacawilla Homeowner's Association and the community - separate sessions." Mr. Michael Gardner, General Manager, Tuscawilla Country Club, 1500 Winter Springs Boulevard, Winter Springs, Florida: addressed the City Commission and stated, "Absolutely. Our goal is to meet with our membership and one of the right forms is in person or with a letter. At this point - we need to get some clarification on the Settlement Agreement, Conceptual Plans, and the Architectural Plans." Mr. Gardner added, "And then the next step would be also to meet with the HOA (Homeowner's Association) Board. " Further discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 10, 2007 PAGE 22 OF 29 Commissioner Miller spoke of his concern with three (3) units being in the floodway. Tape 2/Side B Mayor Bush asked, "Is there any way that - on Parcel 8, those single family homes area can be designated so they can never be built." Attorney Garganese stated, "Yes, there is a way - it would be a 'Perpetual Conservation Easement', and Florida Law permits an Owner to grant a 'Perpetual Easement', but if you want another checks and balance to whether or not you can unilaterally release it, is that you grant the Easement to other parties. " Mr. Dave Schmitt, Dave Schmitt Engineering, Inc., 13013 Founders Square Drive, Orlando, Florida: commented that, "It is thirty-five feet (35') - thirty-five feet (35') to between the right-of-way and the back of the building." Commissioner Gilmore said, "From the right-of-way. There are no sidewalks on that side, I don't believe." Mr. Schmitt said, "Correct." Mr. Stevenson said, "I think what he is saying, it is thirty-five feet (35') from the back of the building to the property line... Mr. Schmitt noted, "... Correct..." Mr. Stevenson continued, ".. . And then another probably twenty-five (25') or thirty feet (30') to the property line to the edge of the pavement." Commissioner Gilmore asked, "How compatible is that going to be to the 'neighborhood'." Mr. Schmitt said, "It should be consistent with the - primarily the piece to the east. Those are actually I think even closer to the right-of-way." Commissioner Gilmore asked, "Isn't there a wall there..." Mr. Schmitt said, ".. . Beyond the creek where the single family lots are?" Commissioner Gilmore said, "I think there is a wall in there on the other side of the creek." Commissioner Gilmore said, "Chelsea Park." Mr. Schmitt said, "I have pictures. I will go back and confirm that." Commissioner Gilmore said, "I have a concern about how close that is. I also have some concerns about the wetlands - if we permit to fill in this area that is shown in Phase I, what is that going to do as far as backing up water in the event of this heavy storm and now we have created a dam which is going to back it up further to the south and potentially flooding into Chelsea Park." Mr. Schmitt said, "There are a couple of issues. Let me explain - one is the floodway issue that we are going to do a LOMR (Letter of Map Revision) based on existing topo." Continuing, Mr. Schmitt said, "That creek is not linear through there. It meanders like this - the floodway actually does the same thing. So we are going to remap with FEMA (Federal Emergency Management Agency) that floodway which was what Brian (Fields) was talking about. Then there is the flood plain encroachments, which is what we're going to mitigate. We are not going to mitigate any floodway. We are going to stay out of the floodway. ~=~~ l;-,--~ ~c CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 10, 2007 PAGE 23 OF 29 That last building in Phase II when we are done with FEMA (Federal Emergency Management Agency) and the City, that will be outside of the actual floodway. The flood plain encroachments we will mitigate. As Brian said we have to mitigate to make sure the velocity, the elevations and the flow are not anything greater than what is there. Actually, we are going to overcompensate because talking to Kip (Lockcuff) and Brian (Fields), we understand there are drainage issues in that area anyway. So, we are going to provide the additional extra compensatory storage, not only linear here but down towards the golf course to provide that extra storage that's needed in that area. So, I think you are going to end up with a better situation at the end of the day with the extra capacity in your compensatory storage ponds as well as along the creek." Commissioner Gilmore asked, "How does the water get into the storage ponds?" Mr. Schmitt said, "It all flows from the south to the north so, when it backs up its going to back into - all the drainage from the site is going to go to this pond. The compensatory storage ponds are purposely for the creek, for any backups. We're actually going to be intercepting some of the flow that's coming this way before it gets here. We've also discussed with Brian (Fields) and Kip (Lockcuff) the fact that we have to make sure in this area, that we don't have any increase in stage or velocity or flow. We're going to do cross sections between here, here, probably four (4) or five (5) cross sections to make sure that each one of those requirements is met in each one of those areas and that the flow velocity and elevation is either at or below what it currently is and that's going to be our proof to show that we are not adversely affecting it and actually are going to hopefully improve it, is what the plan is." Commissioner Gilmore asked, "How does this impact the number 10 fairway?" Mr. Schmitt stated, "It actually improves the value and is more aesthetically pleasing to play with more water features." Discussion. With further comments, Mr. Schmitt said, "The flow, we cannot change the velocity, elevation, or volume of flow through the creek, so even during a hurricane event, we can't allow it to increase more than it does right now. But, what we can do is intercept some of that and have some of that water back up. As it stages up, it can back up into those 100 hundred year ponds." Commissioner Miller asked, "How much water is that going to hold?" Mr. Schmitt said, "At a couple of feet deep it's going to help. And there is more to compensate for flood plain again, it doesn't compensate for floodway, just for the flood plain. And the whole purpose of the flood plain, is water is spreading out and backing up and spraying out across the property." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 10,2007 PAGE 24 OF 29 Commissioner Miller asked, "And the storm pond, I guess has been well thought through? You've actually looked at the sites encroaching on the flood plain there, because that is going to be a significant wall." Mr. Schmidt said, "We do have geotechnical information and we've done some preliminary drainage. We haven't done any final drainage or FEMA (Federal Emergency Management Agency) modeling or any of that yet, we're just on preliminary drainage." Manager McLemore spoke to Mr. Lockcuff for the Record about the bridge elevation. Mr. Lockcuff stated, "We never had a problem with that bridge" "I AM MAKING A MOTION THAT WE APPROVE THIS ITEM WITH PROVISIONS. FIRST, THAT THE CITY AND THE GOLF COURSE MUST REACH AN AGREEMENT ON TURNING, PUTTING UNIT 8, I BELIEVE IT IS, INTO CONSERVATION AND TRANSFER THE RIGHTS TO THE UNIT 7 AREA, AND THIS RIGHT HERE WOULD BE THE UNIT 8 AREA AND THAT THAT WOULD BE PUT INTO CONSERVATION AS OTHER PARTS OF THE COURSE OR THE OLD COURSE - IF IT BE AND I THINK YOU HAVE TO WATCH VERY CAREFULLY PUTTING IT INTO THE ST. JOHN'S BECAUSE - THE COUNTRY CLUB IS GOING TO HAVE TO MAINTAIN THIS AND THAT RAISES ANOTHER QUESTION. IF WE TURN THIS OVER TO THE ST. JOHN'S [RIVER] WATER MANAGEMENT [DISTRICT], WHO MAINTAINS THAT PROPERTY?" ATTORNEY GARGANESE SAID, "I WOULD SAY THE CLUB WOULD MAINTAIN IT." COMMISSIONER GILMORE SAID, "BUT THAT HAS TO BE WRITTEN INTO AN AGREEMENT." ATTORNEY GARGANESE SAID, "IT WOULD BE IN THE CONSERVATION EASEMENT - RIGHT NOW IT IS OWNED BY THE CLUB." COMMISSIONER GILMORE ADDED, "THE MOTION IS THAT THAT WOULD BE PUT INTO - CONSERVATION." MR. LOCKCUFF SAID, "THE DISTRICT DOES NOT OWN PROPERTY ANYMORE, THEY JUST WANT THE EASEMENTS AND..." COMMISSIONER GILMORE SAID, "...SO THEY WOULD JUST HAVE AN EASEMENT." CONTINUING, COMMISSIONER GILMORE SAID, "THE OTHER PART OF THIS AGREEMENT WOULD BE THAT WE WOULD NOT AT THIS POINT BE PERMITTING THE CONSTRUCTION OR PERMITTING OF ANY STRUCTURE THAT SITS IN THE FLOOD PLAIN UNTIL THOSE ISSUES ARE RESOLVED - THAT WOULD APPLY TO THIS UNIT, THIS UNIT AND THIS UNIT OR ANY OTHERS THAT SHOW UP WHEN YOU REDO YOUR FLOOD PLAIN DRAWINGS WHICH I UNDERSTAND FROM THE ENGINEER IS IN PROCESS, RIGHT?" ''''~''~~ :1~~~"-~ ;;:;.;:,.;,.,") CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 10, 2007 PAGE 25 OF 29 MR. FIELDS SAID, "THIS IS THE NEW MAP." COMMISSIONER GILMORE THEN SAID, "THIS UNIT, THIS UNIT, AND THIS UNIT WOULD HAVE TO WAIT UNTIL WE HAVE RESOLVED ANY ISSUES AND YOU UNDERTAND WHAT IS GOING ON." MR. FIELDS SAID, "POTENTIALLY OTHERS DEPENDING ON HOW THE SITE IS GRADED." COMMISSIONER GILMORE STATED, "YES. A LOT OF ISSUES RELATIVE TO THAT. ANOTHER ISSUE THAT I AM GOING TO PUT IN HERE AND THIS MAYBE IS EARLY IN THE GAME, BUT I EXPECT A BUFFER, PROBABLY A WALL BUFFER ALONG THIS AREA AT WINTER SPRINGS BOULEVARD." t~""'~?iJ ~'!'~ COMMISSIONER MILLER NOTED, "A BRICK WALL." COMMISSIONER ~ GILMORE SAID, "YES, COMPATIBLE WITH THE OTHER WALLS IN THE AREA. WE HAVE THOSE WALLS ON THE OTHER UNITS. THAT IS MY MOTION." MOTION BY COMMISSIONER GILMORE. MAYOR BUSH COMMENTED ON THE MOTION AND SAID, "THE FIRST ONE WAS THE CITY AND THE GOLF COURSE MUST AGREE ON TRANSFERRING THE DEVELOPMENT RIGHTS ON UNIT 8 - TO CONSERVATION AND TRANSFER THESE RIGHTS TO UNIT 7 AND TO MAKE THE UNIT 8 UNTOUCHABLE." COMMISSIONER GILMORE SAID, "THE BUILDING RIGHTS ON UNIT 8 ARE TRANSFERRED TO UNIT 7 AND UNIT 8 IS CONVERTED INTO CONSERVATION." FURTHERMORE, MAYOR BUSH NOTED, "AND THE SECOND POINT, ANY OF THE STRUCTURES THAT SHOW ON THIS DRAWING HERE IN THE FLOOD PLAIN WHICH ARE THREE (3) UNITS OR COULD BE MORE, DEPENDING ON THE SITE AS GRADED ACCORDING TO BRIAN (FIELDS), I THINK I HEARD YOU SAY THAT, THAT WOULD BE WITHHELD UNTIL A LATER TIME AND THE THIRD THING IS THE WALL BUFFER ON WINTER SPRINGS BOULEVARD." MANAGER McLEMORE SAID, "VERIFICATION ON THE MOTION MR. MAYOR, I AM ASSUMING THAT THAT INCLUDES ALL THE CONDITIONS LAID OUT IN THE DEVELOPMENT AGREEMENT ALSO." COMMISSIONER GILMORE SAID, "YES. I THINK THAT ALSO IN THIS DEVELOPMENT AGREEMENT YOU ARE GOING TO INCORPORATE THE CELL TOWER WHICH IN FACT WILL BE IN THE UNIT 8 AREA. IS THAT CORRECT?" CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 10,2007 PAGE 26 OF 29 ATTORNEY GARGANESE SAID, "YES. GENERALL Y." MANAGER McLEMORE REMARKED, "GENERALLY SPEAKING, YES." COMMISSIONER GILMORE STATED, "SO THAT WOULD ALSO BE IN THAT ISSUE." SECONDED BY COMMISSIONER MILLER. DISCUSSION. ATTORNEY GARGANESE SAID, "I THINK IT IS UNDERSTOOD, BUT I AM SURE YOU ALL REALIZE THEY ARE REMOVING TWO (2) OF THE TENNIS COURTS - ONE (1) BATTERY CONSISTING OF TWO (2) TENNIS COURTS. AND MY UNDERSTANDING IS THAT THEY'RE PROPOSING TO REPLACE THE ONE (1) BATTERY OF TWO (2) TENNIS COURTS WITH FOUR (4) ADDITIONAL TENNIS COURTS. CORRECT?" Mr. Tom Corkery, 759 Bear Creek Circle, Winter Springs, Florida: said, "Correct." Mr. Corkery explained, "We're going to take one (1) tennis court out, one battery they call it - which is two (2) tennis courts within one (1), and replace with two (2) batteries. So, right now, there is existing eight (8) tennis courts - when we're finished, there is going to be ten (10)." Discussion. Furthermore, Mr. Corkery said, "I wanted to overcompensate so it helps it, it even gets better than what it exists today. So, that is what 1 am going to attempt to do with this project. So, if 1 can take these nine and a half (9 Y2) acres and develop this, mitigate three and a half (3 Y2) acres of the worst - and save the jewel of thirty (30) to forty (40) acres for a recreational space which 1 believe we should protect here as much as we can also, to save those trees there - to whatever endangered species may be there because the soils aren't wet, they're beautiful soils." Mr. Corkery added, "There is a value to this Settlement Agreement and it's financed with the bank. They are going to get a release from the bank. There is a value to that, a great value and these owners of the Club have agreed with me that they will walk away from that to do the sixty (60) townhome units." . CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 10, 2007 PAGE 27 OF 29 VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER KREBS: AYE COMMISSIONER MILLER: AYE COMMISSIONER BROWN : AYE MOTION CARRIED. REGULAR 601. Office Of The City Attorney Requests That The City Commission Consider Approval Of A Final Development Order For Vertex Development's Telecommunications Tower Conditional Use Permit For The Property Located At Tuscawilla Country Club. Attorney Garganese stated, "I passed out this evening a draft Development Order. There was one (1) change that 1 penciled in from what 1 completed. All this Order does is it memorializes in WTiting the decision that was made by the City Commission at the August 27, 2007 Commission Meeting where you approved the ISO' unipole Telecommunications Tower located generally on Parcel Number 8 that we just discussed; and it's moving through the Development Order, it recognizes that you approved a Conditional Use, a Site Plan, and Aesthetic Review - that is what Paragraph 1. states." The proposed Development Order was covered further. Mayor Bush asked, "Do we have anything in here that when this technology becomes obsolete that they have to take the Tower down?" Attorney Garganese said, "No. That was not discussed." Mayor Bush said, "I think we should." Commissioner Krebs said, "I agree with you. We should have that language in here." With further comments, Commissioner Krebs asked, "Can we put it in?" Attorney Garganese remarked, "At this juncture, 1 don't think that would be appropriate to add to the Order. With that said, we certainly need to go in and negotiate Amendments to the Settlement Agreement. We could bring that issue up." Mayor Bush asked, "Does the Commission want that done?" Commissioner Krebs stated, "Yes." No objections were noted. Commissioner Gilmore then asked Attorney Garganese, "My concern is in item 5., page 2, the 50' x 50' lease area, 1 think you need to give them leeway on that." Attorney Garganese suggested, "Do you want to put' 50' x 50' foot lease area' or- 2,500 square feet." Commissioner Gilmore added, "Or a comparable rectangular area." Furthermore, Commissioner Gilmore suggested, "Or a comparable configuration." iJr' t~E' i!'!;......,. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 10,2007 PAGE 28 OF 29 Mayor Bush then commented, "Would the same thing apply to the 100' - would you say approximately 100', give or take?" Attorney Garganese then said "There will be some modifications, and the Manager can approve them administratively providing they are consistent with this" and suggested, "I can put 'Or an equivalent area' - to sub-paragraph 5., that addresses the lease area." Attorney Garganese then said, "And the other was the hundred foot (100'), do you want to add' Approximate' to that'?" Commissioner Krebs said, "Not less than." Discussion. Tape 3/Side A Mayor Bush said, "And the only other thing Anthony (Garganese), I guess what the Commission is saying is the removal of it, at some point we need to address that sometime in the future. You said that would be done with the Settlement Agreement?" Attorney Garganese said, "We'll try and attempt to raise that during the Settlement Agreement discussions." "I MAKE A MOTION THAT WE APPROVE THE FINAL DEVELOPMENT ORDER WITH THE CHANGES JUST NOTED BY THE ATTORNEY AND ALSO TO MAKE IT PART OF THE RECORD, HIS MEMORANDUM DATED SEPTEMBER 10TH, 2007 WHICH IS ATTACHMENT TO ITEM '601'." SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER BROWN: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. In other City business, Mayor Bush mentioned the upcoming PBAS Breakfast Meeting on Wednesday, September 12th; 2007 and the Seminole County Regional Chamber of Commerce Industry Luncheon on September 13, 2007 and added, "We have a table. If you are not going to go, pleas let Andrea (Lorenzo-Luaces) know so maybe some of the Staff can attend." ~ I:;~f~l ~;;';;!1~-n ADJOURNMENT CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 10, 2007 PAGE 29 OF 29 Mayor Bush adjourned the Regular Meeting at 8:48 p.m. RESPECTFULLY SUBMITTED: ANDREA LORENZO-LUACES, CMC CITY CLERK APPROVED: JOHN F. BUSH MAYOR NOTE: These Minutes were approved at the , 2007 Regular City Commission Meeting. ~ ~~ ",,'l'l.,~",~ ~-~ e~ .f"....",'f~ ~:'::~,~ ~;;;E2~ #~~,\ ~""'~ ~~'lf~ ~~~ll! ~~.'~"" ___~""'1l ;;;=') CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING SEPTEMBER 10, 2007 CALL TO ORDER The Regular Meeting of Monday, September 10, 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, absent 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 6:09 p.m. Mr. Kevin Smith, Director, General Services Department, arrived at 5:16 p.m. City Attorney Anthony A. Garganese, present A moment of silence preceded the Pledge of Allegiance. Mr. Kevin Smith, Director, General Services Department arrived at 5: 16 p. m. .:. .:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS DISCUSSED NEXT, AS DOCUMENTED. .:..:. REGULAR AGENDA REGULAR 603. Office Of The City Manager Requesting The City Commission To Hear An Appeal From Mr. Lon Miller Of 1314 Deer Run Drive Regarding An Improperly Issued Fence Permit. Mayor Bush mentioned a letter from Mr. Lon Miller asking that this Agenda Item be Tabled for "Three (3) weeks." Mayor Bush stated, "If you want to Table it, if so, we need a Motion to Table." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 10,2007 PAGE 2 OF 29 "SO MOVED." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER BROWN : AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. "I MAKE A MOTION TO BRING THAT ISSUE UP ON OCTOBER 2ND AND NOTIFY." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. COMMISSIONER KREBS MENTIONED THAT ON THIS ISSUE "WE ARE JUST ADDING IT TO THAT SPECIAL MEETING." VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Mayor Bush said to Mr. Smith, "Will you make sure that Mr. Miller is notified that it will be October the 2nd, which is a Tuesday. That Meeting starts at 6:30 p.m." INFORMA TIONAL AGENDA INFORMATIONAL 100. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. No discussion. INFORMATIONAL 101. Public Works Department Providing The City Commission With Information Regarding The Travel Lane Configuration At The Sheoah Boulevard /SR (State Road) 434 Intersection. Brief discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 10,2007 PAGE 3 OF 29 INFORMATIONAL 102. Public Works Department Providing The City Commission With A Summary Of The Gee Creek Bank Stabilization Project Funding History. Discussion. COMMISSIONER MILLER SAID, "I WOULD SUGGEST THAT THE CITY WRITE ANOTHER LETTER PETITIONING THEM TO ACT AS QUICKLY AS POSSIBLE ON THIS BECAUSE WE ARE INTERESTED IN SEEING IT GET DONE - AND WOULD THEY PLEASE CONSIDER IT." COMMISSIONER MILLER ADDED, "IT IS A MOTION." SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. INFORMATIONAL 103. Office Of The City Manager Providing The City Commission With Information Regarding The City Pension Plan's 3rd Quarter FY (Fiscal Year) 2007 Investment Performance. Discussion. Mayor Bush stated, "Can we have a Motion for approval of the Informational" Agenda? "SO MOVED." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE COMMISSIONER GILMORE: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 10,2007 PAGE 4 OF 29 CONSENT AGENDA CONSENT 200. Police Department Informing The Commission Of The Current Information Relating To The Use Of Automated Red Light Traffic Camera Enforcement. Chief of Police Daniel 1. Kerr introduced this Agenda Item and a video presentation was shown. "I WOULD LIKE TO MAKE A MOTION TO BRING BACK A PROPOSAL TO NEGOTIA TE A CONTRACT WITH SOMEBODY - OR OBTAIN QUOTES - FROM PROSPECTIVE COMPANIES THAT ARE INTERESTED IN DOING THIS AND LET'S GET STARTED." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER BROWN. DISCUSSION. MR. SMITH SAID, "IF WE ARE GOING TO MOVE FORWARD AND IF THAT IS YOUR DESIRE, WE OBVIOUSLY NEED TO DO A FORMAL RFP (REQUEST FOR PROPOSAL) AND GO THROUGH THE WHOLE PROCESS, AND I BELIEVE THAT'S WHAT YOU'RE SAYING." COMMISSIONER KREBS REMARKED, "YES." MAYOR BUSH STATED, "I THINK THAT IS WHAT THE MOTION WAS." VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. .:. .:. AGENDA NOTE: THE FOLLOWING CONSENT AGENDA ITEMS WERE VOTED ON NEXT, AS DOCUMENTED. .:..:. CONSENT AGENDA CONSENT 201. Information Services Department Requests Authorization To Dispose Of Surplus Assets According To The Attached Disposition Sheets. There was no discussion on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 10,2007 PAGE 5 OF 29 CONSENT 202. Office Of The City Clerk Approval Of The August 23, 2007 City Commission Workshop Minutes. No discussion. CONSENT 203 Office Of The City Clerk Approval Of The August 27, 2007 City Commission Regular Meeting Minutes. This Agenda Item was not discussed. CONSENT 204. Office Of The City Clerk Approval Of The August 29, 2007 City Commission Workshop Minutes. There was no discussion on this Agenda Item. Mayor Bush stated, "Any other Consent Agenda Items, Commissioners? If not, can we have a Motion then to approve the others." "SO MOVED." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER MILLER. DISCUSSION. MAYOR BUSH REMARKED THE MOTION "TO APPROVE THE REST OF THE CONSENT AGENDA WHICH IS '201' THROUGH '204'." VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN : AYE COMMISSIONER MILLER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 10, 2007 PAGE 6 OF 29 AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Office Of The Mayor Presentation Of Resolution Number 2007-31 Expressing Appreciation To Ethel Beecher For Her Outstanding Service As A Member Of The City Of Winter Springs Beautification Of Winter Springs Board. Mayor Bush presented Resolution Number 2007-31 to Ms. Ethel Beecher. AWARDS AND PRESENTATIONS 301. Office Of The Mayor Presentation Of Resolution Number 2007-32 Expressing Appreciation To Kathryn Fairchild For Her Outstanding Service As A Member Of The City Of Winter Springs Board Of Adjustment. Resolution Number 2007-32 was presented to Ms. Kathryn Fairchild by Mayor Bush. REPORTS REPORTS 400. Office Of The City Attorney - Anthony A. Garganese, Esquire No Report. REPORTS 401; Office Of The City Manager - Ronald W. McLemore No Report. REPORTS 402. Office Of The City Clerk - Andrea Lorenzo-Luaces, CMC No Report. REPORTS 403. Commission Seat Two - Rick Brown Commissioner Rick Brown spoke of the Adopt-A-Road program. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 10, 2007 PAGE 7 OF 29 Mayor Bush said, "I don't think it is a bad idea. Do you want to make a Motion?" "SO MOVED." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER MILLER. DISCUSSION. MAYOR BUSH ADDED, "THE MOTION WOULD BE THAT..." COMMISSIONER BROWN NOTED, "...WE INVESTIGATE HOW TO DO THAT." MAYOR BUSH THEN SAID, "INVESTIGATE AND GET THE COSTS, ETC. - AND BRING IT BACK TO THE COMMISSION THEN FOR FURTHER ACTION." VOTE: COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Next, Commissioner Brown spoke of a Town Hall Meeting held last week and previous research discussions about a community pool. Commissioner Robert S. Miller stated, "I would like to see both items brought back, both the pool issue and the Winter Springs activity center - community center." Commissioner Miller explained, "Both of which were originally considered to be placed in Central Winds Park." "SO MOVED. I WOULD LIKE TO ADD THAT." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER MILLER. DISCUSSION. MAYOR BUSH ADDED, "THAT MOTION I AM SURE, TO BRING BACK THE FUNDING SOURCES AS WELL. I MEAN YOU HAVE GOT DIFFERENT WAYS YOU CAN FUND THOSE KIND OF THINGS, SO THIS WOULD BE THE POOL AND THE - COMMUNITY CENTER." COMMISSIONER GILMORE NOTED, "I WOULD LIKE TO HAVE US CONSIDER A SKATEBOARD PARK OF SOME SORT IN THAT ALSO." MAYOR BUSH ASKED, "IS THAT A MOTION TO ADD SKATEBOARD PARK TO THE..." COMMISSIONER GILMORE STATED, "...YES." AMENDMENT TO THE MOTION BY COMMISSIONER GILMORE. SECONDED BY COMMISSIONER BROWN. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 10, 2007 PAGE 8 OF 29 FURTHERMORE, COMMISSIONER MILLER REMARKED, "I WOULD LIKE TO MAKE SURE THAT IT IS A SEPARATE ITEM AND THE FUNDING IS IDENTIFIED." MAYOR BUSH NOTED, "I THINK ALL THREE (3) OF THEM SHOULD BE SEPARATE ITEMS - BECAUSE THEY ARE DIFFERENT AMOUNTS OF MONEY." VOTE: (ON THE AMENDMENT) COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. VOTE: (ON THE MAIN MOTION, AS AMENDED) COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN : AYE MOTION CARRIED. Commissioner Brown then spoke of staffing for the Office of the City Clerk. Tape I/Side B COMMISSIONER MILLER STATED, "WE HAVE A BUDGET MEETING COMING UP TOMORROW NIGHT AND I WOULD LIKE TO HAVE THIS PUT ON THE AGENDA. WE HAVE THE RESOURCES AVAILABLE TO ADDRESS THIS PROBLEM. I THINK WE SHOULD DO IT TOMORROW EVENING. AND IF IT - SIX (6) MONTHS OR A YEAR, WE CAN ALLOCATE THE FUNDS TOMORROW EVENING." COMMISSIONER MILLER ADDED, "I WILL MAKE THAT A MOTION." SECONDED. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 10,2007 PAGE 9 OF 29 REPORTS 404. Commission Seat Three - Donald A. Gilmore Commissioner Donald A. Gilmore mentioned the stop sign at Northern Way and Duncan Drive and mentioned that when the lights are on, along Northern Way, going east over the hill, the stop sign is backlit by the streetlights and it is hard to see. Chief Kerr said, "We will take care of that." REPORTS 405. Commission Seat Four/Deputy Mayor - Sally McGinnis Absent. REPORTS 406. Commission Seat Five - Joanne M. Krebs COMMISSIONER KREBS MADE AN APPOINTMENT TO THE OAK FOREST WALL AND BEAUTIFICATION DISTRICT ADVISORY COMMITTEE, SAYING "THAT WOULD BE TO RECOMMEND KATHY MOGHADAS." MOTION BY COMMISSIONER KREBS. MAYOR BUSH NOTED, "THAT IS A MOTION TO APPOINT." SECOND BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN : AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Next, Commissioner Joanne M. Krebs brought up parking in yards. The October 2nd, 2007 Special Meeting was then mentioned. The Beautification Districts and Government Services Group, Inc. was discussed next with Commissioner Krebs who mentioned that Manager McLemore had previously mentioned that we could take that over, which might save us some money. Mr. Smith said, "I believe that is on the City Manager's mind, especially in light of the potential new Fire Assessment District that may come into play." Commissioner Krebs asked it be brought to the forefront. Commissioner Krebs mentioned there was cake and ice cream for all in the lobby. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 10, 2007 PAGE 10 OF 29 City Manager Ronald W. McLemore arrived at 6:09 p.m. Discussion followed with Acting Fire Chief David O'Brien on the current status of Fire Engines and whether the proposed Fire Assessment District could handle compression issues as well. With further discussion, Manager McLemore said, "The Fire Fee allows us to reduce our taxes consistent with what the Legislature is requesting - we are going to do that by virtue of getting a new revenue source. That revenue source will have a revenue neutral effect on the General Fund. It will have a revenue neutral effect on the General Fund because you are going to reduce your taxes by the amount of that new revenue." Commissioner Krebs asked to further discuss this issue tomorrow. Manager McLemore responded, "Yes." Further discussion. REPORTS 407. Office Of The Mayor - John F. Bush Mayor Bush asked if the Water Testing information from Doug Taylor (Superintendent, Utility Department) had been sent to the resident who had brought up this issue at last Thursday's Town Hall Meeting. Next, Mayor Bush brought up information on 2010 Census training. Mayor Bush mentioned that October 27th is "National Make a Difference Day" and asked if the City Commission was interested in doing anything in honor of this day? No suggestions were made. Lastly, Mayor Bush spoke of information he forwarded from the Property Appraiser. REPORTS 408. Commission Seat One - Robert S. Miller Commissioner Miller asked if Manager McLemore had set up a meeting with the Scottish Highland Games people; and asked if Manager McLemore would check with them. Manager McLemore responded, "I will." Next, Commissioner Miller commented on the State Road 434 center divider near the previous Eckerd's store and asked that Staff look into this. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 10,2007 PAGE 11 OF 29 Commissioner Miller commented on the agenda of the Florida League of Cities. Mayor Bush suggested that "I would recommend that we ask one of the League official's to come down and address the Commission." "I MAKE A MOTION THAT WE INVITE THE LEAGUE TO COME." MOTION BY COMMISSIONER MILLER. MAYOR BUSH ADDED, "THAT WE INVITE A LEAGUE REPRESENTATIVE AND SECONDED BY COMMISSIONER BROWN." DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER BROWN : AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. With further comments, Mayor Bush suggested that the other six (6) cities and the County also attend any Meeting we arrange. Lastly, Commissioner Miller commented on the Urban Rural Boundary and an article in the Orlando Sentinel this past Sunday. Mayor Bush suggested, "I would like to recommend that we ask the Manager to contact the Manager of Oviedo and the County Manager to get a little more information on this." "SO MOVED." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. PUBLIC INPUT No one spoke. Mayor Bush called a Recess at 6:26 p.m. The Regular Meeting was called back to Order by Mayor Bush at 6:52 p.m. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 10, 2007 PAGE 12 OF 29 .:..:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS DISCUSSED NEXT, AS DOCUMENTED. .:..:. REGULAR AGENDA REGULAR 602. Office Of The City Manager Requesting The City Commission To Consider Settlements With David & Shelli Smith And Michael & Lorraine Camarano Resulting From Sewer System Back-Ups During Hurricane Charley And Approval A Supplemental Appropriation From Utility Fund Reserves For Funding Of These Settlements. "I WILL MAKE A MOTION TO TABLE UNTIL OCTOBER 8TH." MOTION BY COMMISSIONER GILMORE. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN : AYE MOTION CARRIED. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Office Of The City Manager Requesting That The City Commission Hold A Public Hearing Relative To The Approval Of Resolution Number 2007-40, Which Establishes The Tentative Operating Millage Rate Fiscal Year 2007-2008 For The City Of Winter Springs At 4.2919 Mills Which Is 9.20% Above The Rolled-Back Rate Of 3.9303 Mills And The Tentative Voted Debt Service Millage Rate For Fiscal Year 2007-2008 For The City Of Winter Springs At 0.1022 Mills. Mayor Bush opened the "Public Input" portion of the Agenda Item. Mr. Ron Ligthart, 1036 Winding Waters Circle, Winter Springs, Florida: spoke of his concerns with the City's Pension Plan. Mr. Thomas Freeman, : made a "Point of Order" and mentioned Agenda Item "600", CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 10, 2007 PAGE 13 OF 29 Mayor Bush closed the "Public Input" portion of the Agenda Item. Ms. Michelle Greco, Director, Finance Department introduced this Agenda Item briefly. "MOTION TO APPROVE." MOTION BY COMMISSIONER BROWN. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER GILMORE." DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. PUBLIC HEARINGS 501. Office Of The City Manager Requesting That The City Commission Hold A Public Hearing Relative To The Approval Of Resolution Number 2007-41, Establishing The Tentative Budget For Fiscal Year 2007-2008. 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. Ms. Greco presented this Agenda Item to the City Commission. "MOTION TO APPROVE." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER BROWN : AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 10, 2007 PAGE 14 OF 29 PUBLIC HEARINGS 502. Community Development Department Requests The City Commission Hold A Public Hearing For Second Reading And Adoption Of Ordinance Number 2007-23. This Ordinance Finalizes The Districting Commission's Recommendation For The Revised City Commission District Boundaries, Reflecting The January 31, 2007 Population. City Attorney Anthony A. Garganese read the Ordinance by "Title" only. Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. "MOTION TO APPROVE." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN : AYE MOTION CARRIED. PUBLIC HEARINGS 503.1 Community Development Department - Planning Division Requests That The City Commission Approve The 2007 Interlocal Agreement For Public School Facility Planning And School Concurrency (ILA). 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. Ms. Eloise Sahlstrom, ASLA, AICP, Senior Planner, Community Development Department spoke on this Agenda Item. Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 10, 2007 PAGE 15 OF 29 Mr. Scott Stegall, Director of Capital Outlay, Seminole County Public Schools, 400 East Lake Mary Boulevard, Sanford, Florida: mentioned for the Record that recorded Development Agreements between local governments and the County are exempt. "MOTION TO APPROVE." MOTION BY COMMISSIONER BROWN. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER GILMORE." DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. PUBLIC HEARINGS 503.2 Community Development Department - Planning Division Requests That The City Commission Hold A Public Hearing For First Reading And Transmittal To The Department Of Community Affairs Of Ordinance 2007-22, A Large Scale Comprehensive Plan Text Amendment, Establishing A Public School Facilities Element And Amending The Capital Improvements And The Intergovernmental Coordination Elements Consistent With Chapter 163, Florida Statutes. Mayor Bush stated, "Can we have a Motion to read by 'Title' only." "SO MOVED." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN : AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" only. Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 10, 2007 PAGE 16 OF 29 Mayor Bush closed the "Public Input" portion of the Agenda Item. Ms. Sahlstrom commented on this Agenda Item. Discussion. "I WILL MAKE A MOTION THAT WE APPROVE." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. PUBLIC HEARINGS 504. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For Second Reading/Adoption Of Ordinance 2007-06, A Large Scale Comprehensive Plan Amendment, Which Changes The Future Land Use Map Designation Of Two (2) Parcels Containing 28.9 Gross Acres, More Or Less, Located At 1900 DeLeon Street (The Southwest Corner Of DeLeon Street And Howard Avenue) From (Seminole County) "Rural-3" (1 Dwelling Unit Per 3 Acres) To (Winter Springs) "Public/Semi- Public" With "Conservation Overlay" (On Those Affected Areas). Attorney Garganese read the Ordinance by "Title" only. Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. Ms. Sahlstrom stated, "I did want to say we do have a Citizen Courtesy Information List if anybody from the public did want to be noticed from the State." Ms. Sahlstrom added, "It is out there on the table in the Lobby." Tape 2/Side A CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 10, 2007 PAGE 170F29 "MOTION TO APPROVE." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN : AYE COMMISSIONER MILLER: AYE MOTION CARRIED. PUBLIC HEARINGS 505. Community Development Department - Planning Division Requests That The City Commission Hold A Public Hearing For 2nd Reading And Adoption Of Ordinance 2007-07, A Large Scale Comprehensive Plan Amendment, Which Changes The Future Land Use Map Designation Of Three (3) Parcels Containing 29.3 Gross Acres, More Or Less, Located Immediately West Of DeLeon Street At Cress Run From (Seminole County) "Rural-3" (1 Dwelling Unit Per 3 Acres) To (Winter Springs) "Rural Residential" (Up To 1 Unit Per Gross Acre) With "Conservation Overlay" (On Those Affected Areas). Attorney Garganese read the Ordinance by "Title" only. Mayor Bush opened the "Public Input" portion of the Agenda Item. Ms. Margaret Wharton, Esquire, 456 South Central Avenue, Oviedo, Florida: commented on buffers; other properties; economic task force recommendations; and her comments from earlier this year. Mayor Bush closed the "Public Input" portion of the Agenda Item. Ms. Sahlstrom stated, "I would make mention again that we do have a Citizen Courtesy Information List if anyone cares to fill out their name so that they can be contacted by the State. That again is in the Lobby." Continuing, Ms. Sahlstrom said, "The State reviewed our Transmittal and responded with no comments with their ORC (Objections, Recommendations, and Comments) Report which means that they do not object - the Amendment has been properly 'Noticed'." Discussion. "I MOVE TO ADOPT ITEM '505'." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 10,2007 PAGE 18 OF 29 VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. PUBLIC HEARINGS 506. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For 2nd Reading And Adoption Of Ordinance 2007-14 Which Rezones 29.3 Acres (More Or Less), Located Immediately West Of DeLeon Street At Cress Run From (Seminole County) "A-3" Agricultural To (Winter Springs) "R-Cl" Single Family Dwelling District (Minimum Lot Size -1 Acre). Attorney Garganese read the Ordinance by "Title" only and noted, "On 'Section 5.', it has a Conditional 'Effective Date'. This Ordinance shall become effective immediately upon 2007-07 becoming effective." Mayor Bush opened the "Public Input" portion of the Agenda Item. Ms. Margaret Wharton, Esquire, 456 South Central Avenue, Oviedo, Florida: representing Mr. Don Weaver, Ms. Wharton addressed the City Commission on the 'Use' of the property and Zoning. Mayor Bush closed the "Public Input" portion of the Agenda Item. Ms. Sahlstrom said, "Staff has reviewed these items and does believe that it meets the requirements of our Code for a Re-Zoning and that they were satisfied. This did go to the LP A (Local Planning Agency), they recommended Approval." "MOTION TO ADOPT ORDINANCE 2007-14 - ITEM '506'." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 10, 2007 PAGE 19 OF 29 .:..:. AGENDA NOTE: THE FOLLOWING REPORTS WERE DISCUSSED NEXT, AS DOCUMENTED. .:..:. REPORTS REPORTS 401. Office Of The City Manager - Ronald W. McLemore Manager McLemore said, "A question came up about the Commission's intention to go forward with an Appeal of the Administrative Law Judges opinion on a lawsuit that we filed for sanctions against the Highlands, and the Court denied us any compensation in that situation of the monies we had spent defending that lawsuit. So, the question was, is the Commission satisfied with this issue now or does the Commission desire to go forward with some type of Appeal. And, the City Attorney and I just need to know what your current thinking on that is. Because the question has been asked by the people there and we need to give them some kind of an answer." Discussion. "I MAKE A MOTION THAT WE DO NOT MOVE FORWARD ON THIS." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER BROWN : AYE COMMISSIONER KREBS: AYE COMMISSIONER MILLER: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. Manager McLemore then suggested that we restrict truck and bus usage on Blumberg Boulevard and noted, "I think we need to pass an Ordinance, whatever we need to do to prevent that. So, if you're in agreement with that, we'll structure something up and bring it back to you at the next Meeting." "MOTION TO BRING BACK THE CITY MANAGER'S REQUEST TO LIMIT VEHICLE USAGE ON BLUMBERG" BOULEVARD. MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER MILLER. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 10,2007 PAGE 20 OF 29 VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN : AYE MOTION CARRIED. REPORTS 407. Office Of The Mayor- John F. Bush In other business, Mayor Bush mentioned discussions with Winter Springs High School over removing a tree, a sign, and related Permitting Fees. "I WOULD LIKE TO MOVE THAT WE BRING THIS BACK AS A SEPARATE AGENDA ITEM." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMMISSION GILMORE. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE ADDITIONAL PUBLIC INPUT WAS HEARD NEXT, AS DOCUMENTED. .:. .:. PUBLIC INPUT Mr. Tom Freeman, 900 Dyson Drive, Winter Springs, Florida: commented on the Tuscawilla Country Club as it relates to Regular Agenda Item '600' and noted he was against this Application. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 10, 2007 PAGE 21 OF 29 .:. .:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS DISCUSSED NEXT, AS DOCUMENTED. .:..:. REGULAR AGENDA REGULAR 600. Community Development Department Requests The Commission Consider A Conceptual Development Plan For A 60 Unit Condominium Development On A Portion Of 135.56 Acres (According To The Application), Located On The South Side Of Winter Springs Boulevard, Adjacent To Howell Creek, Within The Tuscawilla Golf And Country Club And The Tuscawilla Planned Unit Development (PUD). Staff Estimates The Parcel Size To Be Approximately 10 Acres. Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department presented this Agenda Item and displayed a presentation. Discussion. Commissioner Krebs stated, "My concern right now is the density issue and I don't know if the Developer has had an opportunity to talk to the citizens in Tuscawilla to find out what it is they would like to see in their development as well - and we have had charettes, are we planning one of those?" Mr. Stevenson stated, "Had not planned one at this point." Manager McLemore noted, "It wouldn't be the City's responsibility to do that." Commissioner Krebs added, "Usually we encourage it." Commissioner Gilmore stated, "Mike Gardner from the Country Club has told me that he is planning to hold a session with members of the Club and with the Tusacawilla Homeowner's Association and the community - separate sessions." Mr. Michael Gardner, General M.anager, Tuscawilla Country Club, 1500 Winter Springs Boulevard, Winter Springs, Florida: addressed the City Commission and stated, "Absolutely. Our goal is to meet with our membership and one of the right forms is in person or with a letter. At this point - we need to get some clarification on the Settlement Agreement, Conceptual Plans, and the Architectural Plans." Mr. Gardner added, "And then the next step would be also to meet with the HOA (Homeowner's Association) Board. " Further discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 10,2007 PAGE 22 OF 29 Commissioner Miller spoke of his concern with three (3) units being in the floodway. Tape 2/Side B Mayor Bush asked, "Is there any way that - on Parcel 8, those single family homes area can be designated so they can never be built." Attorney Garganese stated, "Yes, there is a way - it would be a 'Perpetual Conservation Easement', and Florida Law permits an Owner to grant a 'Perpetual Easement', but if you want another checks and balance to whether or not you can unilaterally release it, is that you grant the Easement to other parties." Mr. Dave Schmitt, Dave Schmitt Engineering, Inc., 13013 Founders Square Drive, Orlando, Florida: commented that, "It is thirty-five feet (35') - thirty-five feet (35') to between the right-of-way and the back of the building." Commissioner Gilmore said, "From the right-of-way. There are no sidewalks on that side, I don't believe." Mr. Schmitt said, "Correct." Mr. Stevenson said, "I think what he is saying, it is thirty-five feet (35') from the back of the building to the property line... Mr. Schmitt noted, "...Correct..." Mr. Stevenson continued, ". ..And then another probably twenty-five (25') or thirty feet (3D') to the property line to the edge of the pavement." Commissioner Gilmore asked, "How compatible is that going to be to the 'neighborhood'." Mr. Schmitt said, "It should be consistent with the - primarily the piece to the east. Those are actually I think even closer to the right-of-way." Commissioner Gilmore asked, "Isn't there a wall there..." Mr. Schmitt said, ".. . Beyond the creek where the single family lots are?" Commissioner Gilmore said, "I think there is a wall in there on the other side of the creek." Commissioner Gilmore said, "Chelsea Park." Mr. Schmitt said, "I have pictures. I will go back and confirm that." Commissioner Gilmore said, "I have a concern about how close that is. I also have some concerns about the wetlands - if we permit to fill in this area that is shown in Phase I, what is that going to do as far as backing up water in the event of this heavy storm and now we have created a dam which is going to back it up further to the south and potentially flooding into Chelsea Park." Mr. Schmitt said, "There are a couple of issues. Let me explain - one is the floodway issue that we are going to do a LOMR (Letter of Map Revision) based on existing topo." Continuing, Mr. Schmitt said, "That creek is not linear through there. It meanders like this - the floodway actually does the same thing. So we are going to remap with FEMA (Federal Emergency Management Agency) that floodway which was what Brian (Fields) was talking about. Then there is the flood plain encroachments, which is what we're going to mitigate. We are not going to mitigate any floodway. We are going to stay out of the floodway. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 10, 2007 PAGE 23 OF 29 That last building in Phase II when we are done with FEMA (Federal Emergency Management Agency) and the City, that will be outside of the actual floodway. The flood plain encroachments we will mitigate. As Brian said we have to mitigate to make sure the velocity, the elevations and the flow are not anything greater than what is there. Actually, we are going to overcompensate because talking to Kip (Lockcuff) and Brian (Fields), we understand there are drainage issues in that area anyway. So, we are going to provide the additional extra compensatory storage, not only linear here but down towards the golf course to provide that extra storage that's needed in that area. So, I think you are going to end up with a better situation at the end of the day with the extra capacity in your compensatory storage ponds as well as along the creek." Commissioner Gilmore asked, "How does the water get into the storage ponds?" Mr. Schmitt said, "It all flows from the south to the north so, when it backs up its going to back into - all the drainage from the site is going to go to this pond. The compensatory storage ponds are purposely for the creek, for any backups. We're actually going to be intercepting some ofthe flow that's coming this way before it gets here. We've also discussed with Brian (Fields) and Kip (Lockcuff) the fact that we have to make sure in this area, that we don't have any increase in stage or velocity or flow. We're going to do cross sections between here, here, probably four (4) or five (5) cross sections to make sure that each one of those requirements is met in each one of those areas and that the flow velocity and elevation is either at or below what it currently is and that's going to be our proofto show that we are not adversely affecting it and actually are going to hopefully improve it, is what the plan is." Commissioner Gilmore asked, "How does this impact the number 10 fairway?" Mr. Schmitt stated, "It actually improves the value and is more aesthetically pleasing to play with more water features." Discussion. With further comments, Mr. Schmitt said, "The flow, we cannot change the velocity, elevation, or volume of flow through the creek, so even during a hurricane event, we can't allow it to increase more than it does right now. But, what we can do is intercept some of that and have some of that water back up. As it stages up, it can back up into those 100 hundred year ponds." Commissioner Miller asked, "How much water is that going to hold?" Mr. Schmitt said, "At a couple of feet deep it's going to help. And there is more to compensate for flood plain again, it doesn't compensate for floodway, just for the flood plain. And the whole purpose of the flood plain, is water is spreading out and backing up and spraying out across the property." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 10,2007 PAGE 24 OF 29 Commissioner Miller asked, "And the storm pond, I guess has been well thought through? You've actually looked at the sites encroaching on the flood plain there, because that is going to be a significant wall." Mr. Schmidt said, "We do have geotechnical information and we've done some preliminary drainage. We haven't done any final drainage or FEMA (Federal Emergency Management Agency) modeling or any ofthat yet, we're just on preliminary drainage." Manager McLemore spoke to Mr. Lockcuff for the Record about the bridge elevation. Mr. Lockcuff stated, "We never had a problem with that bridge" "I AM MAKING A MOTION THAT WE APPROVE THIS ITEM WITH PROVISIONS. FIRST, THAT THE CITY AND THE GOLF COURSE MUST REACH AN AGREEMENT ON TURNING, PUTTING UNIT 8, I BELIEVE IT IS, INTO CONSERVATION AND TRANSFER THE RIGHTS TO THE UNIT 7 AREA, AND THIS RIGHT HERE WOULD BE THE UNIT 8 AREA AND THAT THAT WOULD BE PUT INTO CONSERVATION AS OTHER PARTS OF THE COURSE OR THE OLD COURSE - IF IT BE AND I THINK YOU HAVE TO WATCH VERY CAREFULLY PUTTING IT INTO THE ST. JOHN'S BECAUSE - THE COUNTRY CLUB IS GOING TO HAVE TO MAINTAIN THIS AND THAT RAISES ANOTHER QUESTION. IF WE TURN THIS OVER TO THE ST. JOHN'S [RIVER] WATER MANAGEMENT [DISTRICT], WHO MAINTAINS THAT PROPERTY?" ATTORNEY GARGANESE SAID, "I WOULD SAY THE CLUB WOULD MAINTAIN IT." COMMISSIONER GILMORE SAID, "BUT THAT HAS TO BE WRITTEN INTO AN AGREEMENT." ATTORNEY GARGANESE SAID, "IT WOULD BE IN THE CONSERVATION EASEMENT - RIGHT NOW IT IS OWNED BY THE CLUB." COMMISSIONER GILMORE ADDED, "THE MOTION IS THAT THAT WOULD BE PUT INTO - CONSERVATION." MR. LOCKCUFF SAID, "THE DISTRICT DOES NOT OWN PROPERTY ANYMORE, THEY JUST WANT THE EASEMENTS AND..." COMMISSIONER GILMORE SAID, "...SO THEY WOULD JUST HAVE AN EASEMENT." CONTINUING, COMMISSIONER GILMORE SAID, "THE OTHER PART OF THIS AGREEMENT WOULD BE THAT WE WOULD NOT AT THIS POINT BE PERMITTING THE CONSTRUCTION OR PERMITTING OF ANY STRUCTURE THAT SITS IN THE FLOOD PLAIN UNTIL THOSE ISSUES ARE RESOLVED - THAT WOULD APPLY TO THIS UNIT, THIS UNIT AND THIS UNIT OR ANY OTHERS THAT SHOW UP WHEN YOU REDO YOUR FLOOD PLAIN DRAWINGS WHICH I UNDERSTAND FROM THE ENGINEER IS IN PROCESS, RIGHT?" CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 10, 2007 PAGE 25 OF 29 MR. FIELDS SAID, "THIS IS THE NEW MAP." COMMISSIONER GILMORE THEN SAID, "THIS UNIT, THIS UNIT, AND THIS UNIT WOULD HAVE TO WAIT UNTIL WE HAVE RESOLVED ANY ISSUES AND YOU UNDERTAND WHAT IS GOING ON." MR. FIELDS SAID, "POTENTIALLY OTHERS DEPENDING ON HOW THE SITE IS GRADED." COMMISSIONER GILMORE STATED, "YES. A LOT OF ISSUES RELATIVE TO THAT. ANOTHER ISSUE THAT I AM GOING TO PUT IN HERE AND THIS MAYBE IS EARLY IN THE GAME, BUT I EXPECT A BUFFER, PROBABLY A WALL BUFFER ALONG THIS AREA AT WINTER SPRINGS BOULEVARD." COMMISSIONER MILLER NOTED, "A BRICK WALL." COMMISSIONER GILMORE SAID, "YES, COMPATIBLE WITH THE OTHER WALLS IN THE AREA. WE HAVE THOSE WALLS ON THE OTHER UNITS. THAT IS MY MOTION." MOTION BY COMMISSIONER GILMORE. MAYOR BUSH COMMENTED ON THE MOTION AND SAID, "THE FIRST ONE WAS THE CITY AND THE GOLF COURSE MUST AGREE ON TRANSFERRING THE DEVELOPMENT RIGHTS ON UNIT 8 - TO CONSERVATION AND TRANSFER THESE RIGHTS TO UNIT 7 AND TO MAKE THE UNIT 8 UNTOUCHABLE." COMMISSIONER GILMORE SAID, "THE BUILDING RIGHTS ON UNIT 8 ARE TRANSFERRED TO UNIT 7 AND UNIT 8 IS CONVERTED INTO CONSERVATION." FURTHERMORE, MAYOR BUSH NOTED, "AND THE SECOND POINT, ANY OF THE STRUCTURES THAT SHOW ON THIS DRAWING HERE IN THE FLOOD PLAIN WHICH ARE THREE (3) UNITS OR COULD BE MORE, DEPENDING ON THE SITE AS GRADED ACCORDING TO BRIAN (FIELDS), I THINK I HEARD YOU SAY THAT, THAT WOULD BE WITHHELD UNTIL A LATER TIME AND THE THIRD THING IS THE WALL BUFFER ON WINTER SPRINGS BOULEVARD." MANAGER McLEMORE SAID, "VERIFICATION ON THE MOTION MR. MAYOR, I AM ASSUMING THAT THAT INCLUDES ALL THE CONDITIONS LAID OUT IN THE DEVELOPMENT AGREEMENT ALSO." COMMISSIONER GILMORE SAID, "YES. I THINK THAT ALSO IN THIS DEVELOPMENT AGREEMENT YOU ARE GOING TO INCORPORATE THE CELL TOWER WHICH IN FACT WILL BE IN THE UNIT 8 AREA. IS THAT CORRECT?" CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 10,2007 PAGE 26 OF 29 ATTORNEY GARGANESE SAID, "YES. GENERALL Y." MANAGER McLEMORE REMARKED, "GENERALLY SPEAKING, YES." COMMISSIONER GILMORE STATED, "SO THAT WOULD ALSO BE IN THAT ISSUE." SECONDED BY COMMISSIONER MILLER. DISCUSSION. ATTORNEY GARGANESE SAID, "I THINK IT IS UNDERSTOOD, BUT I AM SURE YOU ALL REALIZE THEY ARE REMOVING TWO (2) OF THE TENNIS COURTS - ONE (1) BATTERY CONSISTING OF TWO (2) TENNIS COURTS. AND MY UNDERSTANDING IS THAT THEY'RE PROPOSING TO REPLACE THE ONE (1) BATTERY OF TWO (2) TENNIS COURTS WITH FOUR (4) ADDITIONAL TENNIS COURTS. CORRECT?" Mr. Tom Corkery, 759 Bear Creek Circle, Winter Springs, Florida: said, "Correct." Mr. Corkery explained, "We're going to take one (1) tennis court out, one battery they call it - which is two (2) tennis courts within one (1), and replace with two (2) batteries. So, right now, there is existing eight (8) tennis courts - when we're finished, there is going to be ten (10)." Discussion. Furthermore, Mr. Corkery said, "I wanted to overcompensate so it helps it, it even gets better than what it exists today. So, that is what I am going to attempt to do with this project. So, if I can take these nine and a half (9 Y2) acres and develop this, mitigate three and a half (3 Y2) acres of the worst - and save the jewel of thirty (30) to forty (40) acres for a recreational space which I believe we should protect here as much as we can also, to save those trees there - to whatever endangered species may be there because the soils aren't wet, they're beautiful soils." Mr. Corkery added, "There is a value to this Settlement Agreement and it's financed with the bank. They are going to get a release from the bank. There is a value to that, a great value and these owners of the Club have agreed with me that they will walk away from that to do the sixty (60) townhome units." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 10, 2007 PAGE 27 OF 29 VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER KREBS: AYE COMMISSIONER MILLER: AYE COMMISSIONER BROWN : AYE MOTION CARRIED. REGULAR 601. Office Of The City Attorney Requests That The City Commission Consider Approval Of A Final Development Order For Vertex Development's Telecommunications Tower Conditional Use Permit For The Property Located At Tuscawilla Country Club. Attorney Garganese stated, "I passed out this evening a draft Development Order. There was one (1) change that I penciled in from what I completed. All this Order does is it memorializes in writing the decision that was made by the City Commission at the August 27, 2007 Commission Meeting where you approved the 150' unipole Telecommunications Tower located generally on Parcel Number 8 that we just discussed; and it's moving through the Development Order, it recognizes that you approved a Conditional Use, a Site Plan, and Aesthetic Review - that is what Paragraph 1. states." The proposed Development Order was covered further. Mayor Bush asked, "Do we have anything in here that when this technology becomes obsolete that they have to take the Tower down?" Attorney Garganese said, "No. That was not discussed." Mayor Bush said, "I think we should." Commissioner Krebs said, "I agree with you. We should have that language in here." With further comments, Commissioner Krebs asked, "Can we put it in?" Attorney Garganese remarked, "At this juncture, I don't think that would be appropriate to add to the Order. With that said, we certainly need to go in and negotiate Amendments to the Settlement Agreement. We could bring that issue up." Mayor Bush asked, "Does the Commission want that done?" Commissioner Krebs stated, "Yes." No objections were noted. Commissioner Gilmore then asked Attorney Garganese, "My concern is in item 5., page 2, the 50' x 50' lease area, I think you need to give them leeway on that." Attorney Garganese suggested, "Do you want to put '50' x 50' foot lease area' or - 2,500 square feet." Commissioner Gilmore added, "Or a comparable rectangular area." Furthermore, Commissioner Gilmore suggested, "Or a comparable configuration." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 10, 2007 PAGE 28 OF 29 Mayor Bush then commented, "Would the same thing apply to the 1 00' - would you say approximately 1 00', give or take?" Attorney Garganese then said "There will be some modifications, and the Manager can approve them administratively providing they are consistent with this" and suggested, "I can put 'Or an equivalent area' - to sub-paragraph 5., that addresses the lease area." Attorney Garganese then said, "And the other was the hundred foot (100'), do you want to add 'Approximate' to that'?" Commissioner Krebs said, "Not less than." Discussion. Tape 3/Side A Mayor Bush said, "And the only other thing Anthony (Garganese), I guess what the Commission is saying is the removal of it, at some point we need to address that sometime in the future. You said that would be done with the Settlement Agreement?" Attorney Garganese said, "We'll try and attempt to raise that during the Settlement Agreement discussions." "I MAKE A MOTION THAT WE APPROVE THE FINAL DEVELOPMENT ORDER WITH THE CHANGES JUST NOTED BY THE ATTORNEY AND ALSO TO MAKE IT PART OF THE RECORD, HIS MEMORANDUM DATED SEPTEMBER 10TH, 2007 WHICH IS ATTACHMENT TO ITEM '601'." SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER BROWN: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. In other City business, Mayor Bush mentioned the upcoming PBAS Breakfast Meeting on Wednesday, September lih; 2007 and the Seminole County Regional Chamber of Commerce Industry Luncheon on September 13, 2007 and added, "We have a table. If you are not going to go, pleas let Andrea (Lorenzo-Luaces) know so maybe some of the Staff can attend." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 10, 2007 PAGE 29 OF 29 ADJOURNMENT Mayor Bush adjourned the Regular Meeting at 8:48 p.m. RESPECTFULLY SUBMITTED: APPROVED: NOTE: These Minutes were approved at the September 24,2007 Regular City Commission Meeting.