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HomeMy WebLinkAbout2007 10 22 Consent 207 Approval of the October 8, 2007 Regular Meeting Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING OCTOBER 8, 2007 CALL TO ORDER The Regular Meeting of Monday, October 8, 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, arrived at 5:16 p.m. Commissioner Rick Brown, present Commissioner Donald A. Gilmore, present Commissioner Joanne M. Krebs, present City Manager Ronald W. McLemore, arrived at 5:18 p.m. City Attorney Anthony A. Garganese, arrived at 5: 16 p.m. A moment of silence was held, followed by the Pledge of Allegiance led by Scout Pack 196. Commissioner Robert S. Miller arrived at 5:16 p.m. Attorney Anthony A. Garganese arrived at 5: 16 p. m. Mayor Bush said under Agenda Changes, "We are going to move [Agenda Item] '601' up to right before [Agenda Item] '300' which there are no Awards and Presentations." City Manager Ronald W McLemore arrived at 5:18 p.m. MOTION TO TABLE. MOTION BY COMMISSIONER GILMORE. MAYOR BUSH NOTED, "COMMISSIONER GILMORE HAS MADE A MOTION TO TABLE [AGENDA] ITEM '600'." SECONDED BY COMMISSIONER BROWN. DISCUSSION. ~--=:l ~ ~ ~:2I ~ ~ c::::') ..........e ~.- ~ l......J CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 8, 2007 PAGE 2 OF 19 VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. Manager McLemore said, "[Agenda Item] '607' we will Table until a later date." MAYOR BUSH SAID, "CAN WE HAVE A MOTION TO TABLE [AGENDA ITEM] '607'1" "SO MOVED." MOTION BY COMMISSIONER BROWN. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER GILMORE." DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Mayor Bush introduced Ms. Illiana Giannoni, 2007-2008 Reigning State Hostess for the City of Winter Springs. Commissioner Joanne M. Krebs asked, "Is she in our Parade?" Mayor Bush said to Mr. Chuck Pula, Director, Parks and Recreation Department, "You two need to get together and let her know if any of the activities that we are going to have, like the Hometown Harvest coming up, and - the Scottish Highland Games." Mayor Bush then said to Ms. Giannoni, "He will get you scheduled for your events." INFORMATIONAL AGENDA INFORMATIONAL 100. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. No discussion. ---~ ~C:I ~'!I ~. ~j ~ ~ ~ .-",,'1 '-""'1 ~-':'l tell CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 8, 2007 PAGE 3 OF 19 INFORMATIONAL 101. Community Development Department Wishes To Inform The City Commission Of The Cost Calculation For Processing The Average Variance Application. Brief discussion. "I MAKE A MOTION TO BRING IT BACK AND LOOK AT IT." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER BROWN. DISCUSSION. MAYOR BUSH REMARKED, "MOTION TO BRING THIS BACK AS AN AGENDA ITEM." VOTE: COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department inquired, "Is that just for the Variances, or do you want us to assess all of the charges that we do?" Commissioner Miller stated, "I think the Motion was - it should be all of them, because you allude in this information item to other things that you haven't quantified yet, such as transportation, wear and tear. I am not sure what else, but there are obviously things that haven't been included in this..." Manager McLemore added, " . . . Indirect costs, right?" Commissioner Miller noted, "... Indirect costs, they are not in the six hundred and forty dollars ($640.00)..." Manager McLemore then commented, ".. . And overhead?" INFORMATIONAL 102. Information Services Department Wishes To Inform Commission Of How The Digital Recording Of Commission Meetings Work. Discussion. "I MOVE THAT WE TIME STAMP IT." MOTION BY COMMISSIONER GILMORE. SECONDED BY COMMISSIONER KREBS. DISCUSSION. c==..~ ~ .~ ~ """"d :;= c:.::> ~ ~:J ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 8, 2007 PAGE 4 OF 19 MAYOR BUSH SAID, "MOTION BY COMMISSIONER GILMORE TO TIME STAMP THE RECORDING". VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. "MOTION TO APPROVE - INFORMATIONAL [AGENDA]." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER BROWN : AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. CONSENT AGENDA CONSENT 200. Not Used. CONSENT 201. Information Services Department Requests Commission Authorization To Pay The Munis Annual Maintenance And Support Contract In The Amount Of $52,225.13 And To Authorize The City Manager's Signature On The Annual Support And License Agreement As Well As The Annual Operating System And Database Administration Support (OSDBA) Agreement. Brief discussion followed with Ms. Joanne Dalka, Director, Information Services Department. tfj,:f(~liB~1 -.- ~~~ ~.;;.......e ;;J;;!IIi ~~~ ~...".l ::d ~ ~ L--'-.l '---.J CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 8, 2007 PAGE 5 OF 19 CONSENT 202. Information Services Department Requests Authorization To Dispose Of Surplus Assets According To The Attached Disposition Sheets. Commissioner Miller asked, "I would like to find out what we get back on these things at Auction." Discussion. "I WOULD LIKE TO MAKE A MOTION THEN THAT WE ASK STAFF TO COME BACK, GIVE US AN ESTIMATE WHAT THEY THINK THIS EQUIPMENT MIGHT GO FOR BASED ON THEIR PAST EXPERIENCE AND THEN BRING IT BACK AGAIN AT THE NEXT MEETING, AND IF IT IS NOT A SIGNIFICANT NUMBER THEN WE CAN PROBABLY DISPOSE OF IT THIS TIME, BUT LOOK AT IT AS AN ALTERNATIVE NEXT TIME." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. CONSENT 203. Parks And Recreation Department Requesting The City Commission To Authorize The City Manager And City Attorney To Execute The Florida Department Of Environmental Protection, Florida Recreation Development Assistance Program Project Grant Agreement For The Central Winds Park Expansion. There was no discussion on this Agenda Item. CONSENT 204. Public Works Department - Capital Projects Division Requesting Approval To Accept Hazard Mitigation Grant Program Funds From The Federal Emergency Management Agency (FEMA) Through The Florida Department Of Community Affairs (DCA). No discussion. ~ ~ ~ ~ ~ ~ c::. ~ L~~ '--' CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 8, 2007 PAGE60F 19 CONSENT 205. Office Of The Mayor And Office Of The City Manager Requesting The City Commission To Rescind Its Directive To Request The County To Fund A Pedestrian Overpass In The Town Center. Much discussion. Mr. Brian Fields, P.E., City Engineer, Public Works Department stated, "Regarding the six (6) laning, just to be clear, that is not programmed. I haven't seen any long range transportation plan from DOT [Department of Transportation] - up to twenty-five (25) years out, so, there are no plans going forward with that." CONSENT 206. Information Services Department Requests Commission Authorization To Pay The Accela Annual Maintenance And Support Contract In The Amount Of $26,902.87. This Agenda Item was not discussed. CONSENT 207. Community Development Department - Planning Division Requests The City Commission Approve Authorization To Enter Into A Contract For Consulting Services With Planning Communities To Prepare The Evaluation And Appraisal Report (EAR), Due May 1, 2008. There was no discussion on this Agenda Item. CONSENT 208. Office Of The City Clerk Approval Of The September 24, 2007 City Commission Workshop Minutes. No discussion. CONSENT 209. Office Of The City Clerk Approval Of The September 24, 2007 City Commission Regular Meeting Minutes. This Agenda Item was not discussed. ~ ~ ~ ~ ~ c=,) ~ ~l c::JJ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 8, 2007 PAGE 7 OF 19 "MOTION TO APPROVE CONSENT [AGENDA], OTHER THAN ITEM '205' - I THINK YOU NEED TO PULL THAT OFF." MOTION BY COMMISSIONER KREBS. MAYOR BUSH SAID, "[CONSENT AGENDA ITEM] '202' WAS MODIFIED TO WITHHOLD THE SELLING OF SURPLUS UNTIL WE COME BACK WITH IT." COMMISSIONER KREBS ADDED, "YES, INCLUDING THE WITHHOLDING." SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE FOLLOWING DISCUSSION PERTAINING TO THE FOLLOWING CONSENT AGENDA ITEM WAS HEARD NEXT, AS DOCUMENTED. .:. .:. CONSENT AGENDA CONSENT 207. Community Development Department - Planning Division Requests The City Commission Approve Authorization To Enter Into A Contract For Consulting Services With Planning Communities To Prepare The Evaluation And Appraisal Report (EAR), Due May 1, 2008. Ms. Eloise Sahlstrom, AICP, ASLA, Senior Planner, Community Development Department introduced Ms. Teresa Townsend and Ms. Karen Kaplan with Planning Communities, [LLC.], Ms. Sahlstrom said, "They are now our Consultants for our Evaluation and Appraisal Reports, so you will be hearing from them from time to time. Thank you for approving their Contract." ~ ~ ~ ;E c.:=> ~ L4 ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 8, 2007 PAGE 8 OF 19 .:..:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS DISCUSSED NEXT, FOLLOWED BY THE REST OF THE AGENDA AS NOTED. .:..:. REGULAR AGENDA REGULAR 601. Public Works Department Providing The City Commission An Opportunity To Discuss The Toll Amount At The State Road 417 I State Road 434 Interchange With Matthew Click Of Florida's Turnpike Enterprise. Mr. Matthew B. Click, AICP, Intergovernmental Programs Coordinator, Florida's Turnpike Enterprise, Intergovernmental Programs Coordinator, Turnpike Mile Post 263, Building 5315, Ocoee, Florida: addressed the City Commission. Discussion. Tape 1/Side B Further discussion. Mr. Tom Percival, Florida Department of Transportation, Environmental Management Office, 719 South Woodland Boulevard, DeLand, Florida: spoke on the Noise Study. Further discussion. AWARDS AND PRESENTATIONS AWARDS AND PRESENT A nONS 300. Not Used. Mayor Bush called a Recess at 6:34 p.m. The Regular Meeting was called back to Order at 6:52 p.m. REPORTS REPORTS 400. Office Of The City Attorney - Anthony A. Garganese, Esquire No Report. ~ ~: ~ .~ ~ c:::::> ~ f~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 8, 2007 PAGE 9 OF I9 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 Four/Deputy Mayor - Sally McGinnis Absent. REPORTS 404. Commission Seat Five - Joanne M. Krebs First, Commissioner Krebs spoke of a recent CALNO (Council of Local Governments in Seminole County) Meeting and mentioned that she found out that Jetta Point is progressing forward. Commissioner Krebs then said to Mayor Bush, "Maybe you could verify that?" Mayor Bush stated, "I will ask." Commissioner Krebs commented on when Staff wo~ld be bringing back information on "Building Green". Mr. Stevenson stated, "We're looking to put that Agenda Item together for the October 22nd, [2007] Meeting." Commissioner Krebs then said to Mr. Stevenson, "I would like you to get in touch with somebody. If you could, I would like you to have Deborah Schafer come in - I will get you her information." Next, Commissioner Krebs asked when "User Fees" for the Parks and Recreation Department would be discussed. Manager McLemore responded by saying, "November". REPORTS 405. Office Of The Mayor-John F. Bush Mayor Bush mentioned an email he received from a citizen related to an eighty dollar and thirty-four cent ($80.34) EMS (Emergency Medical Services) Fee. ~\ ~: ~J ~ """"CJ :;.:c; C":J> _01:1 ---~I ~I ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 8, 2007 PAGE 10 OF 19 Manager McLemore stated, "I am just asking you for the courtesy to give me time to look at this and bring it back to you." "I MOVE THAT WE ALLOW THE CITY MANAGER TO REVIEW THIS AND COME BACK TO US AT THE MEETING ON THE 22ND [OCTOBER 2007] WITH HIS RECOMMENDATION AS TO HOW TO PROCEED AFTER CONFERRING WITH THE FIRE DEPARTMENT." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER MILLER. DISCUSSION. MAYOR BUSH ASKED THAT THE CITIZEN BE CONTACTED AND EXPLAINED ABOUT THE STATUS. MANAGER McLEMORE STATED, "SURE." VOTE: COMMISSIONER BROWN: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. Mayor Bush noted that resident Mr. Larry Pellegrin had mentioned to the Mayor his concern with a neighbor's tree and that Mayor Bush had asked Staff to look into this matter; and Mayor Bush was asking for an update. Mr. Stevenson said, "I am not aware of it, but if you will give me until tomorrow, 1 will have an answer for you." Mayor Bush then asked Mr. Stevenson to make sure that Mr. Pellegrin was kept informed. Next, Mayor Bush spoke of sprinklers continuously running. With discussion, it was suggested that information be provided to residents. Lastly, Mayor Bush recommended that a donation be made to Leadership Seminole's current proj ect. Tape 2/Side A Discussion followed on the status of a Policy related to donations. Commissioner Krebs remarked, "We even talked about having - a level of first come, first-serve, or this is how much we have, this is what we are going to do. 1 would like to see the Commission address that as well." ~J "--'I :~l ';J ~ ~ ~ :;:cJ ~ ~1 ~l t::::=J CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 8, 2007 PAGE 11 OF 19 Mayor Bush asked Manager McLemore, "Where are we on that?" Manager McLemore said, ''''I have completed a draft on it." Manager McLemore added, "I have put something together for you to look at, and we will get that to you at the next Meeting." Mayor Bush suggested, "We put this on the list that we consider when - the Manager brings this Policy back." REPORTS 406. Commission Seat One - Robert S. Miller Commissioner Miller spoke of bald eagles on the Cell Tower at City Hall and whether this might impact the Town Center project. Regarding this matter, Manager McLemore said, "We have an environmentalist that we use and we will get you the answer." REPORTS 407. Commission Seat Two - Rick Brown Commissioner Rick Brown spoke for the Record about correspondence from the City of Oviedo related to annexation and the Black Hammock. Discussion. Mayor Bush said, "I would like - to consider that we ask the [Seminole] County and [City of] Oviedo for a Joint Planning Meeting." "I WOULD LIKE TO MAKE THAT A MOTION." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. MAYOR BUSH ADDED, "THAT WE ASK THE COUNTY AND OVIEDO THAT THE THREE (3) OF US GET TOGETHER FOR A JOINT PLANNING AGREEMENT ON THINGS LIKE THE BLACK HAMMOCK. WE NEED TO TALK TO [CITY OF] OVIEDO ABOUT THEIR CITY LIMITS AND OUR CITY LIMITS GOING SOUTH. WE TALKED ABOUT THAT A COUPLE OF YEARS AGO AND NOTHING HAS HAPPENED." VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. e:"-' \ ~.~ ~I """""C: J '"""'C:J ~'J c:::;) .e~1 ~I t:::::J CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 8, 2007 PAGE 12 OF 19 Commissioner Brown next spoke of parking and traffic concerns with the Winter Springs Town Center. Lastly, Commissioner Brown mentioned a Voice article highlighting his Monday morning Coffee Meetings. REPORTS 408. Commission Seat Three - Donald A. Gilmore Commissioner Donald A. Gilmore commented on the air conditioning units at the Police Department. .:..:. AGENDA NOTE: THE FOLLOWING REPORTS WERE ALSO GIVEN, IN THE ORDER DOCUMENTED, FOLLOWED BY THE REST OF THE AGENDA. .:..:. REPORTS REPORTS 404. Commission Seat Five - Joanne M. Krebs Commissioner Krebs acknowledged Mayor Bush's recent Birthday. REPORTS 406. Commission Seat One - Robert S. Miller Commissioner Miller said, "Someone mentioned to me that the City should seriously look at the possibility of a CRA (Community Redevelopment Area) for a library for the City of Winter Springs. I just thought I would raise that issue here this evening if there seems to be some interest in it. It's something that we might want to look into especially in view of the current events which may go on - the economic circumstances that may confront us for four (4) or five (5) more years." Furthermore, Commissioner Miller stated, "Let me Amend my suggestion, that if there are other alternatives, then I think we should look at those also. Do you know of others?" Manager McLemore said, "I do." C==l ~.: ~l --cJ ~ ~ ~) ~1 ~l t:::::l CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 8, 2007 PAGE 13 OF 19 "I WOULD LIKE TO MAKE THAT A MOTION THAT YOU BRING IT BACK TO US..." MANAGER McLEMORE SAID, "...BE HAPPY TO..." COMMISSIONER MILLER SAID, "...IN THE NEXT COUPLE OF MONTHS- SOME ALTERNATIVE THAT MIGHT MAKE IT POSSIBLE FOR US TO BUILD A LIBRARY." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. REPORTS 401. Office Of The City Manager - Ronald W. McLemore Manager McLemore noted that due to a family emergency, he would need to be gone for the next three (3) days and that Mr. Lockcuffwould handle things. PUBLIC INPUT Ms. Dorothy M Smith, 612 Nighthawk Avenue, Winter Springs, Florida: as a resident of the Highlands, Ms. Smith thanked the City Commission for not pursuing sanctions against their Home Owner's Association. Ms. Paula Davoli, 1644 Eagle Nest Circle, Winter Springs, Florida: said that Jetta Point was going forward, and commented about recreation activities at Central Winds Park. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Not Used. t='l ~J ~I ~l I-C) """"CJ ~ ~ ,-;,,-,-''''il -__I ~l t::=J CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 8, 2007 PAGE 14 OF 19 PUBLIC HEARINGS 501. Community Development Department Requests The City Commission Hold A Public Hearing For The Aesthetic Review For Signage At The Regions Bank (Formerly AmSouth Bank), Located On The Northeast Corner Of State Road 434 And Parkstone Boulevard. Mr. John Baker, AICP, Senior Planner, Community Development Department introduced this Agenda Item. Much discussion. Mayor Bush opened the "Public Input" portion of the Agenda Item. Mr. Greg Nemlock, Interplan LLC, 933 Lee Road, Orlando Florida: as the Architect for this building, Mr. Nemlock stated, "Basically, the wall length is between the existing pilasters that are there, and we're taking out the metal fence between the two (2) pilasters which is twenty-six feet (26'), but the sign is only eleven (11) or twelve feet (12'), so it is balanced. And when we put in planting back in, then we will have planting on each side of that sign also to soften the wall." Mr. Mike Chalk, Signs tar, 7720 Us. Highway 301 North, Tampa, Florida: as the sign Contractor, Mr. Chalk commented on the signage and sizing. Mayor Bush closed the "Public Input" portion of the Agenda Item. "I MAKE A MOTION TO APPROVE." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER MILLER: NAY COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. ~I -I ~'I ~'.J '.J J ~.J ~:) ~:-) ~~.,. ~..l J ~I t=J CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 8, 2007 PAGE 15 OF 19 REGULAR AGENDA REGULAR 600. Office Of The City Manager Requesting The City Commission To Consider Settlements With David And Shelli Smith And Michael And 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. (This Item Was Tabled At The September 10, 2007 Commission Meeting. Request Commission To Remove Item From The Table.) As noted early in this Meeting, this Agenda Item was Tabled. REGULAR 602. Not Used. REGULAR 603. Public Works Department Responding To The City Commission Request For Adopt-A-Road Information. Mr. Kip Lockcuff, P.E., Director, Public WorkslUtility Department spoke on this Agenda Item. "I MOTION WE DO IT." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: AYE COMMISSIONER KREBS: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. REGULAR 604. Parks And Recreation Department Requesting The City Commission Consider Phasing The Trotwood Park Project Or Provide Other Direction. Mr. Pula introduced this Agenda Item for discussion. c=.i ~: ~.I --CJ --cJ ~! ~ ~I .j ~'I t=J CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 8, 2007 PAGE 16 OF 19 Tape 2/Side B With further discussion, shade structures were mentioned. "I MAKE A MOTION THAT WE APPROVE WHAT IS GOING FORWARD WITH THE REQUEST FOR BID ON PHASE I AND WE WILL REVISIT THE OTHER PHASE II AND PHASE III AT THE APPROPRIATE TIME." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. REGULAR 605. Parks And Recreation Department Requesting The City Commission To Consider Further Exploration Of The Feasibility And Desirability Of Building A Municipal Athletic And/Or Aquatic Center And Skate Park. Mr. Pula presented this Agenda Item. Manager McLemore said, "There are two (2) things that you will be faced with, first you would have the General Election on the Referendum for the Bonds." Manager McLemore continued, "It is going to take a unanimous vote of this Commission to do the operating part. So, you are going to have a Referendum on the Bond issue and even if that passes, it is going to take a unanimous vote of this Commission to levy that Millage for the operations." Continuing, Manager McLemore then added, "To do this, you are going to have to lay out a very careful strategy in how you do it." Manager McLemore said, "I would suggest trying to get it to January would not be a good approach, maybe in the General Election might be better." ~.i ~..J ~'l ~I rs-cJ ~ ~j C~::J> !IIl~; ~j ~mt~~j CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 8, 2007 PAGE 17 OF 19 Commissioner Brown suggested a public education program be implemented. Commissioner Krebs recommended that something like a Survey be put on the City's Website for the public to access. Manager McLemore said, "I am going to layout an entire strategy for you with a schedule." Commissioner Gilmore spoke of his concern that adequate parking be considered. Mayor Bush and Commissioner Krebs suggested a Community Building also be included. "I WILL MAKE A MOTION THAT WE PROCEED WITH THE DEVELOPMENT OF A PLAN TO ATTEMPT TO REALIZE WHETHER OR NOT THE CITIZENS OF WINTER SPRINGS WANT TO GO FORWARD WITH THIS BY THE NATIONAL REFERENDUM IN NOVEMBER OF NEXT YEAR- STAFF - TO BRING BACK TO US IN A TIMELY BASIS - BRING BACK A PLAN ON HOW TO GET THERE BY NEXT NOVEMBER." MOTION BY COMMISSIONER MILLER. MAYOR BUSH ASKED, "AND THAT WOULD INCLUDE A COMMUNITY CENTER?" COMMISSIONER MILLER SAID, "I THINK IT WOULD INCLUDE A COMMUNITY CENTER, BASKETBALL, WHATEVER. LOOK AT EVERYTHING." SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER BROWN: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. REGULAR 606. Office Of The City Manager Requesting The City Commission To Consider Adoption Of Resolution Number 2007-47 Amending Resolution 2004-41. (Recycling Bin Policy). Manager McLemore introduced this Agenda Item. "I WAS GOING TO MAKE A MOTION TO APPROVE." MOTION BY COMMISSIONER BROWN. MAYOR BUSH NOTED, "SECONDED BY COMMISSIONER GILMORE." DISCUSSION. ~'.'i "'--'" "I ~., :>";-.' .1 ~, ~lJ ~) ::cn c::=> ~1~ ~l l.:::-:-::::1J CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 8, 2007 PAGE 18 OF 19 VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. REGULAR 607. Community Development Department - Urban Beautification Services Division Requesting The City Commission Set A Date And Time For The Timothy J. Lallathin Memorial Tree Dedication Ceremony At Central Winds Park. Also noted earlier during this Meeting, this Agenda Item was Tabled. REGULAR 608. Community Development Department Requests The City Commission Approve The Proposed Development Agreement Modification To Allow One (1) Internally Illuminated, Building-Mounted Sign To Exceed The Maximum Letter Size And The Maximum Height Of 14 Feet Above The Adjacent Sidewalk At The Villagio Shopping Center. This Agenda Item was presented by Mr. Baker. "MOTION TO APPROVE." MOTION BY COMMISSIONER MILLER. MAYOR BUSH NOTED, "SECONDED BY COMMISSIONER BROWN." DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN : AYE MOTION CARRIED. ~ ~ ~ ~ ~ ~ c:::,') ~ ~ t:::=J CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 8, 2007 PAGE 19 OF 19 REGULAR 609. Community Development Department Requests The City Commission Approve A Development Agreement For The Regions Bank Site, Located At The Southeast Corner Of Parkstone Boulevard And State Road 434. Attorney Garganese recommended, "That this Item just be Tabled until the next Meeting. Weare still in the process of memorializing and writing the previous actions of the Commission. " "MOTION TO TABLE..." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER BROWN. COMMISSIONER KREBS ADDED, "...UNTIL THE NEXT MEETING." DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. ADJOURNMENT Mayor Bush adjourned the Regular Meeting at 8:21 p.m. RESPECTFULLY SUBMITTED: ANDREA LORENZO-LUACES, CMC CITY CLERK APPROVED: MAYOR JOHN F. BUSH NOTE: These Minutes were approved at the , 2007 Regular City Commission Meeting. Ii: = ~ ~ I ...... ~ :=c:J ~~ J. ~ ~ '--J CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING OCTOBER 2, 2007 CALL TO ORDER The Special Meeting of Tuesday, October 2, 2007 of the City Commission was called to Order by Mayor John F. Bush at 6:30 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Mayor John F. Bush, present Deputy Mayor Sally McGinnis, present Commissioner Robert S. Miller, present Commissioner Rick Brown, present Commissioner Donald A. Gilmore, present Commissioner Joanne M. Krebs, present City Manager Ronald W. McLemore, arrived at 6:31 p.m. City Attorney Anthony A. Garganese, present The Pledge of Allegiance was held. City Manager Ronald W McLemore arrived at 6: 31 p. m. Under "Agenda Changes" Mayor Bush stated, Mayor Bush said, "Consent Agenda [Item] on '201', I want to pull it off." CONSENT AGENDA CONSENT 200. Police Department ADD-ON Requesting Commission Approval Of An Emergency Expenditure In The Amount Of $38,245.00 To Replace Two (2) Rooftop Air Conditioning Units. Brief discussion followed with Chief of Police Daniel 1. Kerr. "MOTION TO APPROVE." MAYOR BUSH STATED, "MOTION BY COMMISSIONER BROWN; COMMISSIONER McGINNIS SECONDED IT." DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - OCTOBER 2,2007 PAGE 2 OF 12 VOTE: COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE MOTION CARRIED. +:. .:. AGENDA NOTE: THE FOLLOWING AGENDA ITEM WAS DISCUSSED AND VOTED ON NEXT AS AN INDIVIDUAL ITEM, AS DOCUMENTED. .:..:. CONSENT AGENDA CONSENT 201. Office Of The Mayor ADD-ON Asking The City Commission To Review And Approve Resolution 2007-48 Related To Supporting "Pet Rescue By Judy's" Petition For Selection By The ABC Network Program "Extreme Makeover - Home Edition". Mayor Bush read Resolution 2007-48 for those in attendance. "MOTION TO APPROVE." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. Commissioner Joanne M. Krebs mentioned to Ms. Judy Sarollo ("Pet Rescue by Judy") about a document received from John B. Webb & Associates, Inc. and stated, "Maybe we can somehow send that letter to - you probably have an appointee that is receiving all of this information." Commissioner Krebs then mentioned to Ms. Sarollo, "Perhaps you can give that information to the Clerk." Mr. Stephen Bacallao, 4300 Gabriella Lane West, Winter Park, Florida: thanked the City Commission and Winter Springs for their support. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - OCTOBER 2, 2007 PAGE 3 OF 12 "I MAKE A MOTION TO HAVE THE MANAGER RESEARCH ANY AVAILABLE PROPERTY IN WINTER SPRINGS." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN : AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE MOTION CARRIED. Mayor Bush said to Manager McLemore, "I would also maybe recommend that we talk to Bart Phillips as well as A Budget Tree. They are both out there. They are both good citizens of the City and maybe we can work something out with them too." Discussion. Ms. Angela Lambert, 7900 Dunstable Circle, Orlando, Florida: spoke about the dedication of "Pet Rescue by Judy" Board Members and thanked the City Commission for their support. REGULAR AGENDA REGULAR 600. Office Of The City Manager Requesting The City Commission To Consider Approval Of A Third Modification Of The Settlement Agreement Between The City And The Tuscawilla Country Club To Facilitate Proposed Development Of Parcel 7, And The Construction Of A 150 Foot Cell Tower And Related Conveyances Of Conservation Lands To The City. Mayor Bush stated, "We need a Motion to remove from the Table?" "SO MOVED." MOTION BY COMMISSIONER BROWN. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER GILMORE." DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - OCTOBER 2, 2007 PAGE 4 OF 12 VOTE: COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. Regarding the Settlement Agreement, Manager McLemore said, "What we would need you to do is review any parts of this you want to review with the City Attorney and myself, and then act on the Agreement with any changes you might think are appropriate. " Commissioner Donald A. Gilmore asked, "Is the Agreement dated September 28th, [2007] - is that the one we are looking at?" City Attorney Anthony A. Garganese said, "That's the one you are looking at." Attorney Garganese said, "I also passed out some very rudimentary colored documents here - they are the Parcel 8 and Parcel 7 and - the color depicts basically what is stated and language in the Agreement. Under the Agreement, if you look at Parcel 8, that's the larger handout, it identifies the area that will be placed in conservation within thirty (30) days of the effective date of this Agreement. That area is identified in 'pink' and identified in 'yellow'; and the area that is depicted in 'pink', of course they can continue using it for Golf Course purposes as originally stated in the Settlement Agreement. That language doesn't change. In addition, the shaded in areas that are depicted as wooded areas, would remain wooded areas. And you will note that little square blue box in the middle is the Tower site. There are two (2) appendages that are in 'yellow'. Those are additional conservation areas that are outside of Parcel 8 that the Country Club property owners have voluntarily offered to put into conservation areas. They are heavily wooded areas. And then there is a little area in the southwest comer identified as 'PARCEL 8 REMAINDER'. That property currently is not owned by the Country Club. They are currently leasing it." Attorney Garganese then said, "In the event the current owners of the [Country] Club acquire that property, then they agree to put that land in conservation as well." Next, Attorney Garganese explained, "We are waiting for the Surveyors to complete the Legal Descriptions. They have to modify this accordingly to basically reflect what - I have color coded for you. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - OCTOBER 2, 2007 PAGE 5 OF 12 The smaller Exhibit is Parcel 7 - that is where the condominium development will occur. The area in 'orange' is the condominium property. That's where - up to sixty (60) condominium units will be constructed. In addition, you have the area in 'pink'. That land will be converted to 'Golf Property'. It will no longer be development property. It will be 'Golf Property'. The tennis courts, the area that is more rectangular, that is where the tennis courts, the swimming pool area and the other area in 'pink' is generally going to be the floodway area, the creek area. That would go to the 'GolfProperty'. And all the brick wall requirement - for the condominium project is in the Agreement along with the conditions, the prohibitions of short term transient rentals is in the Agreement. In addition, the owners of the Country Club voluntarily agree to make a contribution to the TLBD (Tuscawilla Lighting and Beautification District) in the amount of twenty-five thousand dollars ($25,000.00) in addition to their Assessments that they pay to the TLBD (Tuscawilla Lighting and Beautification District). That money will be paid in two (2) installments of twelve thousand five hundred dollars ($12,500.00) the first being due at the time that Final Engineering Plans for Parcel 7 are approved by the Commission and then a year later, the other twelve thousand five hundred dollars ($12,500.00) will be paid. And again, that was voluntarily offered." Brief discussion. "MOTION TO APPROVE." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. COMMISSIONER GILMORE STATED, "THE ENTIRE AREA IN 'RED' WILL BE IN CONSERVATION. RIGHT?" ATTORNEY GARGANESE SAID, "YES." COMMISSIONER GILMORE SAID, "WHO IS GOING TO CONTROL THAT CONSERVATION -TELL US WHAT THAT REALLY MEANS." ATTORNEY GARGANESE SAID, "THERE WILL BE A CONSERVATION EASEMENT THAT IS GOING TO BE PREPARED AND RECORDED AGAINST THE LAND. THE CITY WILL BE ONE OF THE HOLDERS OF THE CONSERVATION EASEMENT. IN ADDITION, THIS AGREEMENT GIVES THE CITY THE RIGHT TO ALSO ASSIGN THAT TO SOME OTHER THIRD PARTY. NOW, UNRELATED TO THIS, BUT SOMEWHAT THAT IS RELEV ANT, I GAVE YOU AN OPINION LETTER REGARDING THE WINTER SPRINGS GOLF COURSE AND UNDER FLORIDA LAW, UNDER FLORIDA STATUTORY CONSERVATION EASEMENTS, THERE ARE CERTAIN PARTIES THAT CAN ACTUALLY HOLD THOSE EASEMENTS. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - OCTOBER 2, 2007 PAGE 6 OF 12 THEY HAVE TO BE EITHER A GOVERNMENTAL AGENCY, A TRUST, OR A CHARITABLE CORPORATION THAT IS ORGANIZED FOR CONSERVATION PURPOSES. SO, THE CITY AT ITS DISCRETION CAN ASSIGN THIS CONSERVATION EASEMENT TO THAT TYPE OF ENTITY." COMMISSIONER GILMORE ASKED, "IS THERE ANYTHING THAT PROHIBITS A FUTURE COMMISSION FROM RELIEVING THAT CONSERVATION EASEMENT?" ATTORNEY GARGANESE SAID, "I HAVE GIVEN YOU THAT OPINION LETTER REGARDING WINTER SPRINGS GOLF COURSE, AND I WOULD RECOMMEND THAT YOU TAKE A LOOK AT THAT AND - ANALYZE WHAT YOU WANT TO DO WITH WINTER SPRINGS GOLF COURSE. YOU CAN DO THE SAME WITH RESPECT TO THIS EASEMENT AS WELL. YOU CAN PUT ANOTHER PARTY - IN THE BATTER'S BOX, SO TO SPEAK, PROTECTING THE CONSERVATION PURPOSES IN THE EASEMENT. YOU CAN EVEN GRANT UNDER THE FLORIDA STATUTES TO SOME THIRD PARTY, THE RIGHT TO ENFORCE THAT CONSERVATION EASEMENT AS WELL." FURTHER COMMENTS WERE MADE. COMMISSIONER GILMORE THEN ASKED, "THERE IS QUITE A BIT OF PROPERTY IN THE CONSERVATION EASEMENT, LITERALLY THE WHOLE DRIVING RANGE; A SIGNIFICANT P ART OF NUMBER 1 FAIRWAY. THE COUNTRY CLUB WILL STILL BE ALLOWED TO USE THAT CONSERVATION EASEMENT FOR GOLF PURPOSES." ATTORNEY GARGANESE SAID, "THAT IS CORRECT. THEY CAN USE IT FOR GOLF AND COUNTRY CLUB PURPOSES." COMMISSIONER GILMORE SAID, "THEY COULD MOVE THE NUMBER 1 - GREEN - HOLE ELSEWHERE IF THEY WANTED TO UNDER THE EASEMENT. IS THAT CORRECT?" ATTORNEY GARGANESE SAID, "THAT IS CORRECT." ATTORNEY GARGANESE SAID, "IT HAS TO BE USED FOR GOLF COURSE PROPERTY." DISCUSSION. VOTE: DEPUTY MAYOR McGINNIS: AYE COMMISSIONER BROWN: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - OCTOBER 2, 2007 PAGE 7 OF 12 REGULAR 601. Office Of The City Manager POSTPONED Requesting The City Commission To Hear An Appeal From Mr. Lon Miller Of 1314 Deer Run Regarding An Improperly Issued Fence Permit. (I'his Agenda Item Is Being Postponed To The October 22, 2007 Regular City Commission Meeting At The Request Of The Applicant). Manager McLemore said, "We recommend that this be delayed for another two (2) weeks at the request of his Attorney. He has brought on Mr. [Michael D.] Jones as his Attorney and he did request documents and time to prepare to present his Appeal." "I MAKE A MOTION WE MOVE IT TO THE FIRST MEETING IN NOVEMBER." MOTION BY COMMISSIONER GILMORE. SECONDED BY DEPUTY MAYOR McGINNIS. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. REGULAR 602. Police Department - Code Enforcement Bureau Requests The Commission Review Information And Provide Direction Regarding Alternatives For Enforcement Of On-Street Parking In The City, And Allowing For On-Street Parking On Certain Roadways Within The City. Captain Glenn Tolleson, Police Department spoke on this Agenda Item. Discussion. Tape liS ide B Further discussion continued. Mr. Brian Fields, P.E., City Engineer, Public Works Department addressed questions from the City Commission. Further discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - OCTOBER 2, 2007 PAGE 8 OF 12 Manager McLemore said to Captain Tolleson, "Were you recommending in these areas, just blanket approval or were you recommending a permit type process?" Captain Tolleson responded by saying, "We were not talking about a permit process as of yet, just a blanket approvaL." Manager McLemore added, "... Just monitor it and see how it works." Manager McLemore then noted, "So, the answer was, it would be open parking for a year?" Captain Tolleson said, "One (1) year, yes Sir." Manager McLemore then asked, "Is there any validity to trying it a couple different ways in different neighborhoods?" Captain Tolleson said, "Be happy to." Continuing, Manager McLemore said, "Would you try a permit system in one (1) area and just open parking in another?" Captain Tolleson said, "We could do that..." Manager McLemore said, "...And see how the two (2) work." Captain Tolleson said, "We could do that. I could design a permit that would..." Manager McLemore said, "...It just might confuse people too." Captain Tolleson said, "It may, but if we can get into these different neighborhoods - we can split it up and see how it works - would you want that permit to be on a Fee basis or would it be on trial and error?" Manager McLemore said, "Initially, I would assume it wouldn't be Fee basis, it just would be trial for control purposes." Captain Tolleson said, "We could do that." Tape 2/Side A Discussion. "I MAKE A MOTION THEN THAT WE APPROVE ON A CASE BY CASE BASIS CITY-WIDE STREET PARKING - IF IT WILL FIT AND IT MEETS ALL THE SAFETY STANDARDS AND ROAD STANDARDS AND THE ABILITY FOR FIRE EQUIPMENT TO GET UP AND DOWN THE STREET - ON THOSE AREAS OF THE CITY WHERE THERE IS CURBING." MOTION BY COMMISSIONER MILLER. MOTION DIED FOR LACK OF A SECOND. "I MOVE THAT WE IMPLEMENT Alternative [#] 3 AS PROPOSED BY CAPTAIN TOLLESON TO IMPLEMENT A ONE (1) YEAR PILOT PROGRAM ALLOWING ON-STREET PARKING IN SELECTIVE SUBDIVISIONS ON A TEMPORARY BASIS AND EVALUATE IT IN A YEAR. HE MENTIONED THE NEIGHBORHOODS AS MT. GREENWOOD, OAK FOREST, AND NORTH ORLANDO TERRACE - BASED ON YOUR DETERMINATION OF WHAT ROADS CAN ACCOMMODATE THAT." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - OCTOBER 2, 2007 PAGE 9 OF 12 DEPUTY MAYOR McGINNIS SAID, "HAVE IT FOR THESE THREE (3) COMMUNITIES ON A TRIAL BASIS AND IF ANYBODY WANTS TO PETITION - WE HAVE HAD PETITIONERS COME IN BEFORE AND WE HAVE GRANTED IT FOR COMMUNITIES WHO WANTED THAT ON- STREET PARKING." COMMISSIONER KREBS SAID, "I WOULD LIKE TO AMEND THE MOTION TO INCLUDE ANY AREA OF THE CITY THAT - CAN ACCOMMODATE THIS TYPE OF PARKING, MEANING THE STREETS." COMMISSIONER KREBS ADDED, "I WOULD LIKE THIS MOTION - I WOULD LIKE TO INCLUDE THE WHOLE CITY." MAYOR BUSH SAID, "THE AMENDMENT TO THE MOTION IS REALLY THE MOTION..." COMMISSIONER KREBS SAID, "...WHAT COMMISSIONER MILLER HAD SAID, "YES." MAYOR BUSH NOTED, "THE AMENDMENT IS THAT THIS WOULD MAKE IT CITY-WIDE." COMMISSIONER KREBS SAID, "RIGHT." MAYOR BUSH SAID, "WHICH WAS THE MOTION THAT DID NOT GET A SECOND." COMMISSIONER KREBS SAID, "IT WAS FROM THE MOTION THAT DID NOT GET A SECOND." COMMISSIONER KREBS RESTATED HER MOTION BY SAYING, "I WANTED TO AMEND THE MOTION TO MAKE IT CITY-WIDE SO THAT IT WAS EQUITABLE." AMENDMENT TO THE MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER MILLER. DISCUSSION. COMMISSIONER MILLER SAID, "THE AMENDMENT TO THE AMENDMENT IS THAT EACH CASE MUST REQUEST A PERMIT AND THAT THE PERMIT WOULD BE VALID FOR ONE (1) YEAR; THAT A TAG WOULD BE ISSUED TO THE VEHICLE, THAT ONE (1) PARTICULAR VEHICLE AND NOT OTHER VEHICLES AND THAT IT WOULD ONLY BE FOR ONE (1) YEAR, FOR THE VEHICLE." AMENDMENT TO THE AMENDMENT TO THE MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER KREBS. DISCUSSION. COMMISSIONER MILLER ADDED, "TWENTY-FIVE DOLLARS ($25.00) FOR THE PERMIT IN THE MOTION." SECONDED BY COMMISSIONER KREBS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - OCTOBER 2, 2007 PAGE 10 OF 12 MANAGER McLEMORE SAID, "I WOULD LIKE TO RECOMMEND THIS MATTER BE TABLED. WE CAN COME BACK TO YOU." "I MOTION THIS AGENDA ITEM BE TABLED AND BROUGHT BACK." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE FOLLOWING ISSUES WERE DISCUSSED NEXT, AS DOCUMENTED. .:..:. Ms. Elsie Bledsoe, 180 East Panama Road, Winter Springs, Florida: spoke about her property and requested a lot split. Manager McLemore said, "It would have to be Agended for consideration. My question is, have we not already considered this lot split?" Commissioner Krebs said, "We have; and it was the reason - we came up with the - current Ordinance." Manager McLemore then asked, "Does the Commission want an Agenda Item prepared on this or not?" "MOTION TO DENY." MOTION BY COMMISSIONER MILLER. SECONDED BY DEPUTY MAYOR McGINNIS. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. Mr. Jeff Morris, 725 Seneca Meadows Road, Winter Springs, Florida: spoke about on- street parking. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - OCTOBER 2, 2007 PAGE II OF 12 Mayor Bush mentioned an email from Ms. Elizabeth Westerman regarding the Taxation and Budget Reform Committee meeting on October 4th, 2007, between 4:00 and 7:00 p.m. Mayor Bush stated, "Also, on November the 12th, which is our - first Meeting in November is a Holiday." Commissioner Rick Brown said, "The 13th [of November] we have the Special Meeting on the Ranchlands Fence issue. Did we want to just incorporate that into the General Meeting?" Mayor Bush said, "The 13th. Everybody in agreement?" City Clerk Andrea Lorenzo-Luaces asked, "The issue that you postponed to another date with - Mr. Lon Miller, you want that handled on that date?" Mayor Bush said, "That would be that day too - the 13 th." Mayor Bush said, "Let's have a Motion to move this meeting to the 13 th?" "SO MOVED." MOTION BY COMMISSIONER BROWN. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER McGINNIS." DISCUSSION. MAYOR BUSH SAID, "THE MOTION IS THE MEETING WOULD BE THE 13th, STARTING AT OUR REGULAR TIME WHICH WOULD BE 5:15 [P.M.]" VOTE: COMMISSIONER MILLER: AYE COMMISSIONER GILMORE: NAY DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. Manager McLemore spoke of an unappropriated three hundred thousand dollars ($300,000.00) left in the Budget. Mayor Bush suggested, "Just make it an Agenda Item for the second Meeting then in October." Deputy Mayor McGinnis said, "I would also request that the parking issue not be brought back if I am not here, on an Agenda." Mayor Bush asked, "When are you going to come back?" Deputy Mayor McGinnis said, "The 16th." Mayor Bush asked, "Do you want to do the parking issue then maybe at our second Meeting in November which would be the 26th?" Deputy Mayor McGinnis said, "If the City Manager would have something ready by then." Manager McLemore said, "Certainly." Brief comments were then made about a newspaper article related to the Black Hammock. ADJOURNMENT Mayor Bush adjourned the Special Meeting at 8:25 p.m. RESPECTFULLY SUBMITTED: A LORENZO-LUACES, CMC CLERK M .r~\( ~ ,USH CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - OCTOBER 2, 2007 PAGE 12 OF 12 NOTE: These Minutes were approved at the October 22,2007 Regular City Commission Meeting. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING OCTOBER 8, 2007 CALL TO ORDER The Regular Meeting of Monday, October 8, 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, arrived at 5:16 p.m. Commissioner Rick Brown, present Commissioner Donald A. Gilmore, present Commissioner Joanne M. Krebs, present City Manager Ronald W. McLemore, arrived at 5:18 p.m. City Attorney Anthony A. Garganese, arrived at 5:-16 p.m. A moment of silence was held, followed by the Pledge of Allegiance led by Scout Pack 196. Commissioner Robert S. Miller arrived at 5:16 p.m. Attorney Anthony A. Garganese arrived at 5: 16 p. m. Mayor Bush said under Agenda Changes, "We are going to move [Agenda Item] '601' up to right before [Agenda Item] '300' which there are no Awards and Presentations." City Manager Ronald W McLemore arrived at 5:18 p.m. MOTION TO TABLE. MOTION BY COMMISSIONER GILMORE. MAYOR BUSH NOTED, "COMMISSIONER GILMORE HAS MADE A MOTION TO TABLE [AGENDA] ITEM '600'." SECONDED BY COMMISSIONER BROWN. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 8, 2007 PAGE 2 OF 19 YOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. Manager McLemore said, "[Agenda Item] '607' we will Table until a later date." MAYOR BUSH SAID, "CAN WE HAYE A MOTION TO TABLE [AGENDA ITEM] '607'?" "SO MOYED." MOTION BY COMMISSIONER BROWN. MAYOR BUSH ST A TED, "SECONDED BY COMMISSIONER GILMORE." DISCUSSION. YOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Mayor Bush introduced Ms. Illiana Giannoni, 2007-2008 Reigning State Hostess for the City of Winter Springs. Commissioner Joanne M. Krebs asked, "Is she in our Parade?" Mayor Bush said to Mr. Chuck Pula, Director, Parks and Recreation Department, "You two need to get together and let her know if any of the activities that we are going to have, like the Hometown Harvest coming up, and - the Scottish Highland Games." Mayor Bush then said to Ms. Giannoni, "He will get you scheduled for your events." INFORMATIONAL AGENDA INFORMATIONAL 100. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. No discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 8, 2007 PAGE 3 OF 19 INFORMATIONAL 101. Community Development Department Wishes To Inform The City Commission Of The Cost Calculation For Processing The Average Variance Application. Brief discussion. "I MAKE A MOTION TO BRING IT BACK AND LOOK AT IT." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER BROWN. DISCUSSION. MAYOR BUSH REMARKED, "MOTION TO BRING THIS BACK AS AN AGENDA ITEM." VOTE: COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department inquired, "Is that just for the Variances, or do you want us to assess all of the charges that we do?" Commissioner Miller stated, "I think the Motion was - it should be all of them, because you allude in this information item to other things that you haven't quantified yet, such as transportation, wear and tear. I am not sure what else, but there are obviously things that haven't been included in this..." Manager McLemore added, ". . . Indirect costs, right?" Commissioner Miller noted, "... Indirect costs, they are not in the six hundred and forty dollars ($640.00)..." Manager McLemore then commented, ". .. And overhead?" INFORMATIONAL 102. Information Services Department Wishes To Inform Commission Of How The Digital Recording Of Commission Meetings Work. Discussion. "I MOVE THAT WE TIME STAMP IT." MOTION BY COMMISSIONER GILMORE. SECONDED BY COMMISSIONER KREBS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 8, 2007 PAGE 4 OF 19 MAYOR BUSH SAID, "MOTION BY COMMISSIONER GILMORE TO TIME STAMP THE RECORDING". VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. "MOTION TO APPROVE - INFORMATIONAL [AGENDA]." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. CONSENT AGENDA CONSENT 200. Not Used. CONSENT 201. Information Services Department Requests Commission Authorization To Pay The Munis Annual Maintenance And Support Contract In The Amount Of $52,225.13 And To Authorize The City Manager's Signature On The Annual Support And License Agreement As Well As The Annual Operating System And Database Administration Support (OSDBA) Agreement. Brief discussion followed with Ms. Joanne Dalka, Director, Information Services Department. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 8, 2007 PAGE 5 OF 19 CONSENT 202. Information Services Department Requests Authorization To Dispose Of Surplus Assets According To The Attached Disposition Sheets. Commissioner Miller asked, "I would like to find out what we get back on these things at Auction." Discussion. "I WOULD LIKE TO MAKE A MOTION THEN THAT WE ASK STAFF TO COME BACK, GIVE US AN ESTIMATE WHAT THEY THINK THIS EQUIPMENT MIGHT GO FOR BASED ON THEIR PAST EXPERIENCE AND THEN BRING IT BACK AGAIN AT THE NEXT MEETING, AND IF IT IS NOT A SIGNIFICANT NUMBER THEN WE CAN PROBABLY DISPOSE OF IT THIS TIME, BUT LOOK AT IT AS AN ALTERNATIVE NEXT TIME." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. CONSENT 203. Parks And Recreation Department Requesting The City Commission To Authorize The City Manager And City Attorney To Execute The Florida Department Of Environmental Protection, Florida Recreation Development Assistance Program Project Grant Agreement For The Central Winds Park Expansion. There was no discussion on this Agenda Item. CONSENT 204. Public Works Department - Capital Projects Division Requesting Approval To Accept Hazard Mitigation Grant Program Funds From The Federal Emergency Management Agency (FEMA) Through The Florida Department Of Community Affairs (DCA). No discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 8, 2007 PAGE 6 OF 19 CONSENT 205. Office Of The Mayor And Office Of The City Manager Requesting The City Commission To Rescind Its Directive To Request The County To Fund A Pedestrian Overpass In The Town Center. Much discussion. Mr. Brian Fields, P.E., City Engineer, Public Works Department stated, "Regarding the six (6) laning, just to be clear, that is not programmed. I haven't seen any long range transportation plan from DOT [Department of Transportation] - up to twenty-five (25) years out, so, there are no plans going forward with that." CONSENT 206. Information Services Department Requests Commission Authorization To Pay The Accela Annual Maintenance And Support Contract In The Amount Of $26,902.87. This Agenda Item was not discussed. CONSENT 207. Community Development Department - Planning Division Requests The City Commission Approve Authorization To Enter Into A Contract For Consulting Services With Planning Communities To Prepare The Evaluation And Appraisal Report (EAR), Due May 1,2008. There was no discussion on this Agenda Item. CONSENT 208. Office Of The City Clerk Approval Of The September 24,2007 City Commission Workshop Minutes. No discussion. CONSENT 209. Office Of The City Clerk Approval Of The September 24, 2007 City Commission Regular Meeting Minutes. This Agenda Item was not discussed. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 8, 2007 PAGE 7 OF 19 "MOTION TO APPROVE CONSENT [AGENDA], OTHER THAN ITEM '205' - I THINK YOU NEED TO PULL THAT OFF." MOTION BY COMMISSIONER KREBS. MAYOR BUSH SAID, "[CONSENT AGENDA ITEM] '202' WAS MODIFIED TO WITHHOLD THE SELLING OF SURPLUS UNTIL WE COME BACK WITH IT." COMMISSIONER KREBS ADDED, "YES, INCLUDING THE WITHHOLDING." SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. .:. .:. AGENDA NOTE: THE FOLLOWING DISCUSSION PERTAINING TO THE FOLLOWING CONSENT AGENDA ITEM WAS HEARD NEXT, AS DOCUMENTED. .:. .:. CONSENT AGENDA CONSENT 207. Community Development Department - Planning Division Requests The City Commission Approve Authorization To Enter Into A Contract For Consulting Services With Planning Communities To Prepare The Evaluation And Appraisal Report (EAR), Due May 1, 2008. Ms. Eloise Sahlstrom, AICP, ASLA, Senior Planner, Community Development Department introduced Ms. Teresa Townsend and Ms. Karen Kaplan with Planning Communities, [LLC.], Ms. Sahlstrom said, "They are now our Consultants for our Evaluation and Appraisal Reports, so you will be hearing from them from time to time. Thank you for approving their Contract." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 8, 2007 PAGE 8 OF 19 .:. .:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS DISCUSSED NEXT, FOLLOWED BY THE REST OF THE AGENDA AS NOTED. .:..:. REGULAR AGENDA REGULAR 601. Public Works Department Providing The City Commission An Opportunity To Discuss The Toll Amount At The State Road 417 / State Road 434 Interchange With Matthew Click Of Florida's Turnpike Enterprise. Mr. Matthew B. Click, AICP, Intergovernmental Programs Coordinator, Florida's Turnpike Enterprise, Intergovernmental Programs Coordinator, Turnpike Mile Post 263, Building 5315, Ocoee, Florida: addressed the City Commission. Discussion. Tape I/Side B Further discussion. Mr. Tom Percival, Florida Department of Transportation, Environmental Management Office, 719 South Woodland Boulevard, DeLand, Florida: spoke on the Noise Study. Further discussion. AWARDS AND PRESENTATIONS AWARDS AND PRESENT A nONS 300. Not Used. Mayor Bush called a Recess at 6:34 p.m. The Regular Meeting was called back to Order at 6:52 p.m. REPORTS REPORTS 400. Office Of The City Attorney - Anthony A. Garganese, Esquire No Report. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 8, 2007 PAGE 9 OF 19 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 Four/Deputy Mayor - Sally McGinnis Absent. REPORTS 404. Commission Seat Five - Joanne M. Krebs First, Commissioner Krebs spoke of a recent CALNO (Council of Local Governments in Seminole County) Meeting and mentioned that she found out that Jetta Point is progressing forward. Commissioner Krebs then said to Mayor Bush, "Maybe you could verify that?" Mayor Bush stated, "I will ask." Commissioner Krebs commented on when Staff would be bringing back information on "Building Green". Mr. Stevenson stated, "We're looking to put that Agenda Item together for the October 22nd, [2007] Meeting." Commissioner Krebs then said to Mr. Stevenson, "I would like you to get in touch with somebody. If you could, I would like you to have Deborah Schafer come in - I will get you her information." Next, Commissioner Krebs asked when "User Fees" for the Parks and Recreation Department would be discussed. Manager McLemore responded by saying, "November". REPORTS 405. Office Of The Mayor - John F. Bush Mayor Bush mentioned an email he received from a citizen related to an eighty dollar and thirty-four cent ($80.34) EMS (Emergency Medical Services) Fee. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 8, 2007 PAGE 10 OF 19 Manager McLemore stated, "I am just asking you for the courtesy to give me time to look at this and bring it back to you." "I MOVE THAT WE ALLOW THE CITY MANAGER TO REVIEW THIS AND COME BACK TO US AT THE MEETING ON THE 22ND [OCTOBER 2007] WITH HIS RECOMMENDATION AS TO HOW TO PROCEED AFTER CONFERRING WITH THE FIRE DEP ARTMENT." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER MILLER. DISCUSSION. MAYOR BUSH ASKED THAT THE CITIZEN BE CONTACTED AND EXPLAINED ABOUT THE STATUS. MANAGER McLEMORE STATED, "SURE." VOTE: COMMISSIONER BROWN: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. Mayor Bush noted that resident Mr. Larry Pellegrin had mentioned to the Mayor his concern with a neighbor's tree and that Mayor Bush had asked Staff to look into this matter; and Mayor Bush was asking for an update. Mr. Stevenson said, "I am not aware of it, but if you will give me until tomorrow, 1 will have an answer for you." Mayor Bush then asked Mr. Stevenson to make sure that Mr. Pellegrin was kept informed. Next, Mayor Bush spoke of sprinklers continuously running. With discussion, it was suggested that information be provided to residents. Lastly, Mayor Bush recommended that a donation be made to Leadership Seminole's current proj ect. Tape 2/Side A Discussion followed on the status of a Policy related to donations. Commissioner Krebs remarked, "We even talked about having - a level of first corne, first-serve, or this is how much we have, this is what we are going to do. 1 would like to see the Commission address that as well." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 8, 2007 PAGE 11 OF 19 Mayor Bush asked Manager McLemore, "Where are we on that?" Manager McLemore said, ""1 have completed a draft on it." Manager McLemore added, "I have put something together for you to look at, and we will get that to you at the next Meeting." Mayor Bush suggested, "We put this on the list that we consider when - the Manager brings this Policy back." REPORTS 406. Commission Seat One - Robert S. Miller Commissioner Miller spoke of bald eagles on the Cell Tower at City Hall and whether this might impact the Town Center project. Regarding this matter, Manager McLemore said, "We have an environmentalist that we use and we will get you the answer." REPORTS 407. Commission Seat Two - Rick Brown Commissioner Rick Brown spoke for the Record about correspondence from the City of Oviedo related to annexation and the Black Hammock. Discussion. Mayor Bush said, "I would like - to consider that we ask the [Seminole] County and [City of] Oviedo for a Joint Planning Meeting." "I WOULD LIKE TO MAKE THA T A MOTION." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. MAYOR BUSH ADDED, "THAT WE ASK THE COUNTY AND OVIEDO THAT THE THREE (3) OF US GET TOGETHER FOR A JOINT PLANNING AGREEMENT ON THINGS LIKE THE BLACK HAMMOCK. WE NEED TO TALK TO [CITY OF] OVIEDO ABOUT THEIR CITY LIMITS AND OUR CITY LIMITS GOING SOUTH. WE TALKED ABOUT THAT A COUPLE OF YEARS AGO AND NOTHING HAS HAPPENED." VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 8, 2007 PAGE 12 OF 19 Commissioner Brown next spoke of parking and traffic concerns with the Winter Springs Town Center. Lastly, Commissioner Brown mentioned a Voice article highlighting his Monday morning Coffee Meetings. REPORTS 408. Commission Seat Three - Donald A. Gilmore Commissioner Donald A. Gilmore commented on the air conditioning units at the Police Department. .:..:. AGENDA NOTE: THE FOLLOWING REPORTS WERE ALSO GIVEN, IN THE ORDER DOCUMENTED, FOLLOWED BY THE REST OF THE AGENDA. .:..:. REPORTS REPORTS 404. Commission Seat Five - Joanne M. Krebs Commissioner Krebs acknowledged Mayor Bush's recent Birthday. REPORTS 406. Commission Seat One - Robert S. Miller Commissioner Miller said, "Someone mentioned to me that the City should seriously look at the possibility of a CRA (Community Redevelopment Area) for a library for the City of Winter Springs. 1 just thought 1 would raise that issue here this evening if there seems to be some interest in it. It's something that we might want to look into especially in view of the current events which may go on - the economic circumstances that may confront us for four (4) or five (5) more years." Furthermore, Commissioner Miller stated, "Let me Amend my suggestion, that if there are other alternatives, then 1 think we should look at those also. Do you know of others?" Manager McLemore said, "I do." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 8, 2007 PAGE 13 OF 19 "I WOULD LIKE TO MAKE THAT A MOTION THAT YOU BRING IT BACK TO US..." MANAGER McLEMORE SAID, "...BE HAPPY TO..." COMMISSIONER MILLER SAID, "...IN THE NEXT COUPLE OF MONTHS - SOME ALTERNATIVE THAT MIGHT MAKE IT POSSIBLE FOR US TO BUILD A LIBRARY." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. REPORTS 401. Office Of The City Manager - Ronald W. McLemore Manager McLemore noted that due to a family emergency, he would need to be gone for the next three (3) days and that Mr. Lockcuffwould handle things. PUBLIC INPUT Ms. Dorothy M Smith, 612 Nighthawk Avenue, Winter Springs, Florida: as a resident of the Highlands, Ms. Smith thanked the City Commission for not pursuing sanctions against their Home Owner's Association. Ms. Paula Davoli, 1644 Eagle Nest Circle, Winter Springs, Florida: said that Jetta Point was going forward, and commented about recreation activities at Central Winds Park. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Not Used. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 8, 2007 PAGE 14 OF 19 PUBLIC HEARINGS 501. Community Development Department Requests The City Commission Hold A Public Hearing For The Aesthetic Review For Signage At The Regions Bank (Formerly AmSouth Bank), Located On The Northeast Corner Of State Road 434 And Parkstone Boulevard. Mr. John Baker, AICP, Senior Planner, Community Development Department introduced this Agenda Item. Much discussion. Mayor Bush opened the "Public Input" portion of the Agenda Item. Mr. Greg Nemlock, Inter plan LLC, 933 Lee Road, Orlando Florida: as the Architect for this building, Mr. Nemlock stated, "Basically, the wall length is between the existing pilasters that are there, and we're taking out the metal fence between the two (2) pilasters which is twenty-six feet (26'), but the sign is only eleven (11) or twelve feet (12'), so it is balanced. And when we put in planting back in, then we will have planting on each side of that sign also to soften the wall." Mr. Mike Chalk, Signs tar, 7720 Us. Highway 301 North, Tampa, Florida: as the sign Contractor, Mr. Chalk commented on the signage and sizing. Mayor Bush closed the "Public Input" portion of the Agenda Item. "I MAKE A MOTION TO APPROVE." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER MILLER: NAY COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 8, 2007 PAGE 15 OF 19 REGULAR AGENDA REGULAR 600. Office Of The City Manager Requesting The City Commission To Consider Settlements With David And Shelli Smith And Michael And 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. (This Item Was Tabled At The September 10, 2007 Commission Meeting. Request Commission To Remove Item From The Table.) As noted early in this Meeting, this Agenda Item was Tabled. REGULAR 602. Not Used. REGULAR 603. Public Works Department Responding To The City Commission Request For Adopt-A-Road Information. Mr. Kip Lockcuff, P.E., Director, Public WorkslUtility Department spoke on this Agenda Item. "I MOTION WE DO IT." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: AYE COMMISSIONER KREBS: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. REGULAR 604. Parks And Recreation Department Requesting The City Commission Consider Phasing The Trotwood Park Project Or Provide Other Direction. Mr. Pula introduced this Agenda Item for discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 8, 2007 PAGE 16 OF 19 Tape 2/Side B With further discussion, shade structures were mentioned. "I MAKE A MOTION THAT WE APPROVE WHAT IS GOING FORWARD WITH THE REQUEST FOR BID ON PHASE I AND WE WILL REVISIT THE OTHER PHASE II AND PHASE III AT THE APPROPRIATE TIME." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER BROWN : AYE MOTION CARRIED. REGULAR 605. Parks And Recreation Department Requesting The City Commission To Consider Further Exploration Of The Feasibility And Desirability Of Building A Municipal Athletic And/Or Aquatic Center And Skate Park. Mr. Pula presented this Agenda Item. Manager McLemore said, "There are two (2) things that you will be faced with, first you would have the General Election on the Referendum for the Bonds." Manager McLemore continued, "It is going to take a unanimous vote of this Commission to do the operating part. So, you are going to have a Referendum on the Bond issue and even if that passes, it is going to take a unanimous vote of this Commission to levy that Millage for the operations." Continuing, Manager McLemore then added, "To do this, you are going to have to lay out a very careful strategy in how you do it." Manager McLemore said, "I would suggest trying to get it to January would not be a good approach, maybe in the General Election might be better." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 8, 2007 PAGE 17 OF 19 Commissioner Brown suggested a public education program be implemented. Commissioner Krebs recommended that something like a Survey be put on the City's Website for the public to access. Manager McLemore said, "I am going to layout an entire strategy for you with a schedule." Commissioner Gilmore spoke of his concern that adequate parking be considered. Mayor Bush and Commissioner Krebs suggested a Community Building also be included. "I WILL MAKE A MOTION THAT WE PROCEED WITH THE DEVELOPMENT OF A PLAN TO ATTEMPT TO REALIZE WHETHER OR NOT THE CITIZENS OF WINTER SPRINGS WANT TO GO FORWARD WITH THIS BY THE NATIONAL REFERENDUM IN NOVEMBER OF NEXT YEAR - ST AFF - TO BRING BACK TO US IN A TIMELY BASIS - BRING BACK A PLAN ON HOW TO GET THERE BY NEXT NOVEMBER." MOTION BY COMMISSIONER MILLER. MA YOR BUSH ASKED, "AND THAT WOULD INCLUDE A COMMUNITY CENTER?" COMMISSIONER MILLER SAID, "I THINK IT WOULD INCLUDE A COMMUNITY CENTER, BASKETBALL, WHATEVER. LOOK AT EVERYTHING." SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER BROWN: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. REGULAR 606. Office Of The City Manager Requesting The City Commission To Consider Adoption Of Resolution Number 2007-47 Amending Resolution 2004-41. (Recycling Bin Policy). Manager McLemore introduced this Agenda Item. "I WAS GOING TO MAKE A MOTION TO APPROVE." MOTION BY COMMISSIONER BROWN. MAYOR BUSH NOTED, "SECONDED BY COMMISSIONER GILMORE." DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 8, 2007 PAGE 18 OF 19 VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. REGULAR 607. Community Development Department - Urban Beautification Services Division Requesting The City Commission Set A Date And Time For The Timothy J. Lallathin Memorial Tree Dedication Ceremony At Central Winds Park. Also noted earlier during this Meeting, this Agenda Item was Tabled. REGULAR 608. Community Development Department Requests The City Commission Approve The Proposed Development Agreement Modification To Allow One (1) Internally Illuminated, Building-Mounted Sign To Exceed The Maximum Letter Size And The Maximum Height Of 14 Feet Above The Adjacent Sidewalk At The Villagio Shopping Center. This Agenda Item was presented by Mr. Baker. "MOTION TO APPROVE." MOTION BY COMMISSIONER MILLER. MAYOR BUSH NOTED, "SECONDED BY COMMISSIONER BROWN." 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 - OCTOBER 8, 2007 PAGE 19 OF 19 REGULAR 609. Community Development Department Requests The City Commission Approve A Development Agreement For The Regions Bank Site, Located At The Southeast Corner Of Parkstone Boulevard And State Road 434. Attorney Garganese recommended, "That this Item just be Tabled until the next Meeting. Weare still in the process of memorializing and writing the previous actions of the Commission. " "MOTION TO TABLE..." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER BROWN. COMMISSIONER KREJ}S ADDED, "...UNTIL THE NEXT MEETING." DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. ADJOURNMENT Mayor Bush adjourned the Regular Meeting at 8:21 p.m. TFULLY SUBMITTED: A LORENZO-LUACES, CMC CITY CLERK . ,~'. Vv\<- ~ - A YOR JOHN). BTJSH NOTE: These Minutes were approved at the October 22, 2007 Regular City Commission Meeting. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING OCTOBER 8, 2007 CALL TO ORDER The Regular Meeting of Monday, October 8, 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, arrived at 5:16 p.m. Commissioner Rick Brown, present Commissioner Donald A. Gilmore, present Commissioner Joanne M. Krebs, present City Manager Ronald W. McLemore, arrived at 5:18 p.m. City Attorney Anthony A. Garganese, arrived at 5:-16 p.m. A moment of silence was held, followed by the Pledge of Allegiance led by Scout Pack 196. Commissioner Robert S. Miller arrived at 5:16 p.m. Attorney Anthony A. Garganese arrived at 5: 16 p. m. Mayor Bush said under Agenda Changes, "We are going to move [Agenda Item] '601' up to right before [Agenda Item] '300' which there are no Awards and Presentations." City Manager Ronald W McLemore arrived at 5:18 p.m. MOTION TO TABLE. MOTION BY COMMISSIONER GILMORE. MAYOR BUSH NOTED, "COMMISSIONER GILMORE HAS MADE A MOTION TO TABLE [AGENDA] ITEM '600'." SECONDED BY COMMISSIONER BROWN. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 8, 2007 PAGE 2 OF 19 YOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. Manager McLemore said, "[Agenda Item] '607' we will Table until a later date." MAYOR BUSH SAID, "CAN WE HAYE A MOTION TO TABLE [AGENDA ITEM] '607'?" "SO MOYED." MOTION BY COMMISSIONER BROWN. MAYOR BUSH ST A TED, "SECONDED BY COMMISSIONER GILMORE." DISCUSSION. YOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Mayor Bush introduced Ms. Illiana Giannoni, 2007-2008 Reigning State Hostess for the City of Winter Springs. Commissioner Joanne M. Krebs asked, "Is she in our Parade?" Mayor Bush said to Mr. Chuck Pula, Director, Parks and Recreation Department, "You two need to get together and let her know if any of the activities that we are going to have, like the Hometown Harvest coming up, and - the Scottish Highland Games." Mayor Bush then said to Ms. Giannoni, "He will get you scheduled for your events." INFORMATIONAL AGENDA INFORMATIONAL 100. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. No discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 8, 2007 PAGE 3 OF 19 INFORMATIONAL 101. Community Development Department Wishes To Inform The City Commission Of The Cost Calculation For Processing The Average Variance Application. Brief discussion. "I MAKE A MOTION TO BRING IT BACK AND LOOK AT IT." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER BROWN. DISCUSSION. MAYOR BUSH REMARKED, "MOTION TO BRING THIS BACK AS AN AGENDA ITEM." VOTE: COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department inquired, "Is that just for the Variances, or do you want us to assess all of the charges that we do?" Commissioner Miller stated, "I think the Motion was - it should be all of them, because you allude in this information item to other things that you haven't quantified yet, such as transportation, wear and tear. I am not sure what else, but there are obviously things that haven't been included in this..." Manager McLemore added, ". . . Indirect costs, right?" Commissioner Miller noted, "... Indirect costs, they are not in the six hundred and forty dollars ($640.00)..." Manager McLemore then commented, ". .. And overhead?" INFORMATIONAL 102. Information Services Department Wishes To Inform Commission Of How The Digital Recording Of Commission Meetings Work. Discussion. "I MOVE THAT WE TIME STAMP IT." MOTION BY COMMISSIONER GILMORE. SECONDED BY COMMISSIONER KREBS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 8, 2007 PAGE 4 OF 19 MAYOR BUSH SAID, "MOTION BY COMMISSIONER GILMORE TO TIME STAMP THE RECORDING". VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. "MOTION TO APPROVE - INFORMATIONAL [AGENDA]." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. CONSENT AGENDA CONSENT 200. Not Used. CONSENT 201. Information Services Department Requests Commission Authorization To Pay The Munis Annual Maintenance And Support Contract In The Amount Of $52,225.13 And To Authorize The City Manager's Signature On The Annual Support And License Agreement As Well As The Annual Operating System And Database Administration Support (OSDBA) Agreement. Brief discussion followed with Ms. Joanne Dalka, Director, Information Services Department. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 8, 2007 PAGE 5 OF 19 CONSENT 202. Information Services Department Requests Authorization To Dispose Of Surplus Assets According To The Attached Disposition Sheets. Commissioner Miller asked, "I would like to find out what we get back on these things at Auction." Discussion. "I WOULD LIKE TO MAKE A MOTION THEN THAT WE ASK STAFF TO COME BACK, GIVE US AN ESTIMATE WHAT THEY THINK THIS EQUIPMENT MIGHT GO FOR BASED ON THEIR PAST EXPERIENCE AND THEN BRING IT BACK AGAIN AT THE NEXT MEETING, AND IF IT IS NOT A SIGNIFICANT NUMBER THEN WE CAN PROBABLY DISPOSE OF IT THIS TIME, BUT LOOK AT IT AS AN ALTERNATIVE NEXT TIME." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. CONSENT 203. Parks And Recreation Department Requesting The City Commission To Authorize The City Manager And City Attorney To Execute The Florida Department Of Environmental Protection, Florida Recreation Development Assistance Program Project Grant Agreement For The Central Winds Park Expansion. There was no discussion on this Agenda Item. CONSENT 204. Public Works Department - Capital Projects Division Requesting Approval To Accept Hazard Mitigation Grant Program Funds From The Federal Emergency Management Agency (FEMA) Through The Florida Department Of Community Affairs (DCA). No discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 8, 2007 PAGE 6 OF 19 CONSENT 205. Office Of The Mayor And Office Of The City Manager Requesting The City Commission To Rescind Its Directive To Request The County To Fund A Pedestrian Overpass In The Town Center. Much discussion. Mr. Brian Fields, P.E., City Engineer, Public Works Department stated, "Regarding the six (6) laning, just to be clear, that is not programmed. I haven't seen any long range transportation plan from DOT [Department of Transportation] - up to twenty-five (25) years out, so, there are no plans going forward with that." CONSENT 206. Information Services Department Requests Commission Authorization To Pay The Accela Annual Maintenance And Support Contract In The Amount Of $26,902.87. This Agenda Item was not discussed. CONSENT 207. Community Development Department - Planning Division Requests The City Commission Approve Authorization To Enter Into A Contract For Consulting Services With Planning Communities To Prepare The Evaluation And Appraisal Report (EAR), Due May 1,2008. There was no discussion on this Agenda Item. CONSENT 208. Office Of The City Clerk Approval Of The September 24,2007 City Commission Workshop Minutes. No discussion. CONSENT 209. Office Of The City Clerk Approval Of The September 24, 2007 City Commission Regular Meeting Minutes. This Agenda Item was not discussed. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 8, 2007 PAGE 7 OF 19 "MOTION TO APPROVE CONSENT [AGENDA], OTHER THAN ITEM '205' - I THINK YOU NEED TO PULL THAT OFF." MOTION BY COMMISSIONER KREBS. MAYOR BUSH SAID, "[CONSENT AGENDA ITEM] '202' WAS MODIFIED TO WITHHOLD THE SELLING OF SURPLUS UNTIL WE COME BACK WITH IT." COMMISSIONER KREBS ADDED, "YES, INCLUDING THE WITHHOLDING." SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. .:. .:. AGENDA NOTE: THE FOLLOWING DISCUSSION PERTAINING TO THE FOLLOWING CONSENT AGENDA ITEM WAS HEARD NEXT, AS DOCUMENTED. .:. .:. CONSENT AGENDA CONSENT 207. Community Development Department - Planning Division Requests The City Commission Approve Authorization To Enter Into A Contract For Consulting Services With Planning Communities To Prepare The Evaluation And Appraisal Report (EAR), Due May 1, 2008. Ms. Eloise Sahlstrom, AICP, ASLA, Senior Planner, Community Development Department introduced Ms. Teresa Townsend and Ms. Karen Kaplan with Planning Communities, [LLC.], Ms. Sahlstrom said, "They are now our Consultants for our Evaluation and Appraisal Reports, so you will be hearing from them from time to time. Thank you for approving their Contract." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 8, 2007 PAGE 8 OF 19 .:. .:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS DISCUSSED NEXT, FOLLOWED BY THE REST OF THE AGENDA AS NOTED. .:..:. REGULAR AGENDA REGULAR 601. Public Works Department Providing The City Commission An Opportunity To Discuss The Toll Amount At The State Road 417 / State Road 434 Interchange With Matthew Click Of Florida's Turnpike Enterprise. Mr. Matthew B. Click, AICP, Intergovernmental Programs Coordinator, Florida's Turnpike Enterprise, Intergovernmental Programs Coordinator, Turnpike Mile Post 263, Building 5315, Ocoee, Florida: addressed the City Commission. Discussion. Tape I/Side B Further discussion. Mr. Tom Percival, Florida Department of Transportation, Environmental Management Office, 719 South Woodland Boulevard, DeLand, Florida: spoke on the Noise Study. Further discussion. AWARDS AND PRESENTATIONS AWARDS AND PRESENT A nONS 300. Not Used. Mayor Bush called a Recess at 6:34 p.m. The Regular Meeting was called back to Order at 6:52 p.m. REPORTS REPORTS 400. Office Of The City Attorney - Anthony A. Garganese, Esquire No Report. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 8, 2007 PAGE 9 OF 19 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 Four/Deputy Mayor - Sally McGinnis Absent. REPORTS 404. Commission Seat Five - Joanne M. Krebs First, Commissioner Krebs spoke of a recent CALNO (Council of Local Governments in Seminole County) Meeting and mentioned that she found out that Jetta Point is progressing forward. Commissioner Krebs then said to Mayor Bush, "Maybe you could verify that?" Mayor Bush stated, "I will ask." Commissioner Krebs commented on when Staff would be bringing back information on "Building Green". Mr. Stevenson stated, "We're looking to put that Agenda Item together for the October 22nd, [2007] Meeting." Commissioner Krebs then said to Mr. Stevenson, "I would like you to get in touch with somebody. If you could, I would like you to have Deborah Schafer come in - I will get you her information." Next, Commissioner Krebs asked when "User Fees" for the Parks and Recreation Department would be discussed. Manager McLemore responded by saying, "November". REPORTS 405. Office Of The Mayor - John F. Bush Mayor Bush mentioned an email he received from a citizen related to an eighty dollar and thirty-four cent ($80.34) EMS (Emergency Medical Services) Fee. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 8, 2007 PAGE 10 OF 19 Manager McLemore stated, "I am just asking you for the courtesy to give me time to look at this and bring it back to you." "I MOVE THAT WE ALLOW THE CITY MANAGER TO REVIEW THIS AND COME BACK TO US AT THE MEETING ON THE 22ND [OCTOBER 2007] WITH HIS RECOMMENDATION AS TO HOW TO PROCEED AFTER CONFERRING WITH THE FIRE DEP ARTMENT." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER MILLER. DISCUSSION. MAYOR BUSH ASKED THAT THE CITIZEN BE CONTACTED AND EXPLAINED ABOUT THE STATUS. MANAGER McLEMORE STATED, "SURE." VOTE: COMMISSIONER BROWN: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. Mayor Bush noted that resident Mr. Larry Pellegrin had mentioned to the Mayor his concern with a neighbor's tree and that Mayor Bush had asked Staff to look into this matter; and Mayor Bush was asking for an update. Mr. Stevenson said, "I am not aware of it, but if you will give me until tomorrow, 1 will have an answer for you." Mayor Bush then asked Mr. Stevenson to make sure that Mr. Pellegrin was kept informed. Next, Mayor Bush spoke of sprinklers continuously running. With discussion, it was suggested that information be provided to residents. Lastly, Mayor Bush recommended that a donation be made to Leadership Seminole's current proj ect. Tape 2/Side A Discussion followed on the status of a Policy related to donations. Commissioner Krebs remarked, "We even talked about having - a level of first corne, first-serve, or this is how much we have, this is what we are going to do. 1 would like to see the Commission address that as well." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 8, 2007 PAGE 11 OF 19 Mayor Bush asked Manager McLemore, "Where are we on that?" Manager McLemore said, ""1 have completed a draft on it." Manager McLemore added, "I have put something together for you to look at, and we will get that to you at the next Meeting." Mayor Bush suggested, "We put this on the list that we consider when - the Manager brings this Policy back." REPORTS 406. Commission Seat One - Robert S. Miller Commissioner Miller spoke of bald eagles on the Cell Tower at City Hall and whether this might impact the Town Center project. Regarding this matter, Manager McLemore said, "We have an environmentalist that we use and we will get you the answer." REPORTS 407. Commission Seat Two - Rick Brown Commissioner Rick Brown spoke for the Record about correspondence from the City of Oviedo related to annexation and the Black Hammock. Discussion. Mayor Bush said, "I would like - to consider that we ask the [Seminole] County and [City of] Oviedo for a Joint Planning Meeting." "I WOULD LIKE TO MAKE THA T A MOTION." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. MAYOR BUSH ADDED, "THAT WE ASK THE COUNTY AND OVIEDO THAT THE THREE (3) OF US GET TOGETHER FOR A JOINT PLANNING AGREEMENT ON THINGS LIKE THE BLACK HAMMOCK. WE NEED TO TALK TO [CITY OF] OVIEDO ABOUT THEIR CITY LIMITS AND OUR CITY LIMITS GOING SOUTH. WE TALKED ABOUT THAT A COUPLE OF YEARS AGO AND NOTHING HAS HAPPENED." VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 8, 2007 PAGE 12 OF 19 Commissioner Brown next spoke of parking and traffic concerns with the Winter Springs Town Center. Lastly, Commissioner Brown mentioned a Voice article highlighting his Monday morning Coffee Meetings. REPORTS 408. Commission Seat Three - Donald A. Gilmore Commissioner Donald A. Gilmore commented on the air conditioning units at the Police Department. .:..:. AGENDA NOTE: THE FOLLOWING REPORTS WERE ALSO GIVEN, IN THE ORDER DOCUMENTED, FOLLOWED BY THE REST OF THE AGENDA. .:..:. REPORTS REPORTS 404. Commission Seat Five - Joanne M. Krebs Commissioner Krebs acknowledged Mayor Bush's recent Birthday. REPORTS 406. Commission Seat One - Robert S. Miller Commissioner Miller said, "Someone mentioned to me that the City should seriously look at the possibility of a CRA (Community Redevelopment Area) for a library for the City of Winter Springs. 1 just thought 1 would raise that issue here this evening if there seems to be some interest in it. It's something that we might want to look into especially in view of the current events which may go on - the economic circumstances that may confront us for four (4) or five (5) more years." Furthermore, Commissioner Miller stated, "Let me Amend my suggestion, that if there are other alternatives, then 1 think we should look at those also. Do you know of others?" Manager McLemore said, "I do." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 8, 2007 PAGE 13 OF 19 "I WOULD LIKE TO MAKE THAT A MOTION THAT YOU BRING IT BACK TO US..." MANAGER McLEMORE SAID, "...BE HAPPY TO..." COMMISSIONER MILLER SAID, "...IN THE NEXT COUPLE OF MONTHS - SOME ALTERNATIVE THAT MIGHT MAKE IT POSSIBLE FOR US TO BUILD A LIBRARY." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. REPORTS 401. Office Of The City Manager - Ronald W. McLemore Manager McLemore noted that due to a family emergency, he would need to be gone for the next three (3) days and that Mr. Lockcuffwould handle things. PUBLIC INPUT Ms. Dorothy M Smith, 612 Nighthawk Avenue, Winter Springs, Florida: as a resident of the Highlands, Ms. Smith thanked the City Commission for not pursuing sanctions against their Home Owner's Association. Ms. Paula Davoli, 1644 Eagle Nest Circle, Winter Springs, Florida: said that Jetta Point was going forward, and commented about recreation activities at Central Winds Park. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Not Used. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 8, 2007 PAGE 14 OF 19 PUBLIC HEARINGS 501. Community Development Department Requests The City Commission Hold A Public Hearing For The Aesthetic Review For Signage At The Regions Bank (Formerly AmSouth Bank), Located On The Northeast Corner Of State Road 434 And Parkstone Boulevard. Mr. John Baker, AICP, Senior Planner, Community Development Department introduced this Agenda Item. Much discussion. Mayor Bush opened the "Public Input" portion of the Agenda Item. Mr. Greg Nemlock, Inter plan LLC, 933 Lee Road, Orlando Florida: as the Architect for this building, Mr. Nemlock stated, "Basically, the wall length is between the existing pilasters that are there, and we're taking out the metal fence between the two (2) pilasters which is twenty-six feet (26'), but the sign is only eleven (11) or twelve feet (12'), so it is balanced. And when we put in planting back in, then we will have planting on each side of that sign also to soften the wall." Mr. Mike Chalk, Signs tar, 7720 Us. Highway 301 North, Tampa, Florida: as the sign Contractor, Mr. Chalk commented on the signage and sizing. Mayor Bush closed the "Public Input" portion of the Agenda Item. "I MAKE A MOTION TO APPROVE." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER MILLER: NAY COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 8, 2007 PAGE 15 OF 19 REGULAR AGENDA REGULAR 600. Office Of The City Manager Requesting The City Commission To Consider Settlements With David And Shelli Smith And Michael And 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. (This Item Was Tabled At The September 10, 2007 Commission Meeting. Request Commission To Remove Item From The Table.) As noted early in this Meeting, this Agenda Item was Tabled. REGULAR 602. Not Used. REGULAR 603. Public Works Department Responding To The City Commission Request For Adopt-A-Road Information. Mr. Kip Lockcuff, P.E., Director, Public WorkslUtility Department spoke on this Agenda Item. "I MOTION WE DO IT." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: AYE COMMISSIONER KREBS: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. REGULAR 604. Parks And Recreation Department Requesting The City Commission Consider Phasing The Trotwood Park Project Or Provide Other Direction. Mr. Pula introduced this Agenda Item for discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 8, 2007 PAGE 16 OF 19 Tape 2/Side B With further discussion, shade structures were mentioned. "I MAKE A MOTION THAT WE APPROVE WHAT IS GOING FORWARD WITH THE REQUEST FOR BID ON PHASE I AND WE WILL REVISIT THE OTHER PHASE II AND PHASE III AT THE APPROPRIATE TIME." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER BROWN : AYE MOTION CARRIED. REGULAR 605. Parks And Recreation Department Requesting The City Commission To Consider Further Exploration Of The Feasibility And Desirability Of Building A Municipal Athletic And/Or Aquatic Center And Skate Park. Mr. Pula presented this Agenda Item. Manager McLemore said, "There are two (2) things that you will be faced with, first you would have the General Election on the Referendum for the Bonds." Manager McLemore continued, "It is going to take a unanimous vote of this Commission to do the operating part. So, you are going to have a Referendum on the Bond issue and even if that passes, it is going to take a unanimous vote of this Commission to levy that Millage for the operations." Continuing, Manager McLemore then added, "To do this, you are going to have to lay out a very careful strategy in how you do it." Manager McLemore said, "I would suggest trying to get it to January would not be a good approach, maybe in the General Election might be better." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 8, 2007 PAGE 17 OF 19 Commissioner Brown suggested a public education program be implemented. Commissioner Krebs recommended that something like a Survey be put on the City's Website for the public to access. Manager McLemore said, "I am going to layout an entire strategy for you with a schedule." Commissioner Gilmore spoke of his concern that adequate parking be considered. Mayor Bush and Commissioner Krebs suggested a Community Building also be included. "I WILL MAKE A MOTION THAT WE PROCEED WITH THE DEVELOPMENT OF A PLAN TO ATTEMPT TO REALIZE WHETHER OR NOT THE CITIZENS OF WINTER SPRINGS WANT TO GO FORWARD WITH THIS BY THE NATIONAL REFERENDUM IN NOVEMBER OF NEXT YEAR - ST AFF - TO BRING BACK TO US IN A TIMELY BASIS - BRING BACK A PLAN ON HOW TO GET THERE BY NEXT NOVEMBER." MOTION BY COMMISSIONER MILLER. MA YOR BUSH ASKED, "AND THAT WOULD INCLUDE A COMMUNITY CENTER?" COMMISSIONER MILLER SAID, "I THINK IT WOULD INCLUDE A COMMUNITY CENTER, BASKETBALL, WHATEVER. LOOK AT EVERYTHING." SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER BROWN: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. REGULAR 606. Office Of The City Manager Requesting The City Commission To Consider Adoption Of Resolution Number 2007-47 Amending Resolution 2004-41. (Recycling Bin Policy). Manager McLemore introduced this Agenda Item. "I WAS GOING TO MAKE A MOTION TO APPROVE." MOTION BY COMMISSIONER BROWN. MAYOR BUSH NOTED, "SECONDED BY COMMISSIONER GILMORE." DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 8, 2007 PAGE 18 OF 19 VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. REGULAR 607. Community Development Department - Urban Beautification Services Division Requesting The City Commission Set A Date And Time For The Timothy J. Lallathin Memorial Tree Dedication Ceremony At Central Winds Park. Also noted earlier during this Meeting, this Agenda Item was Tabled. REGULAR 608. Community Development Department Requests The City Commission Approve The Proposed Development Agreement Modification To Allow One (1) Internally Illuminated, Building-Mounted Sign To Exceed The Maximum Letter Size And The Maximum Height Of 14 Feet Above The Adjacent Sidewalk At The Villagio Shopping Center. This Agenda Item was presented by Mr. Baker. "MOTION TO APPROVE." MOTION BY COMMISSIONER MILLER. MAYOR BUSH NOTED, "SECONDED BY COMMISSIONER BROWN." 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 - OCTOBER 8, 2007 PAGE 19 OF 19 REGULAR 609. Community Development Department Requests The City Commission Approve A Development Agreement For The Regions Bank Site, Located At The Southeast Corner Of Parkstone Boulevard And State Road 434. Attorney Garganese recommended, "That this Item just be Tabled until the next Meeting. Weare still in the process of memorializing and writing the previous actions of the Commission. " "MOTION TO TABLE..." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER BROWN. COMMISSIONER KREJ}S ADDED, "...UNTIL THE NEXT MEETING." DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. ADJOURNMENT Mayor Bush adjourned the Regular Meeting at 8:21 p.m. TFULLY SUBMITTED: A LORENZO-LUACES, CMC CITY CLERK . ,~'. Vv\<- ~ - A YOR JOHN). BTJSH NOTE: These Minutes were approved at the October 22, 2007 Regular City Commission Meeting. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING OCTOBER 8, 2007 CALL TO ORDER The Regular Meeting of Monday, October 8, 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, arrived at 5:16 p.m. Commissioner Rick Brown, present Commissioner Donald A. Gilmore, present Commissioner Joanne M. Krebs, present City Manager Ronald W. McLemore, arrived at 5:18 p.m. City Attorney Anthony A. Garganese, arrived at 5:-16 p.m. A moment of silence was held, followed by the Pledge of Allegiance led by Scout Pack 196. Commissioner Robert S. Miller arrived at 5:16 p.m. Attorney Anthony A. Garganese arrived at 5: 16 p. m. Mayor Bush said under Agenda Changes, "We are going to move [Agenda Item] '601' up to right before [Agenda Item] '300' which there are no Awards and Presentations." City Manager Ronald W McLemore arrived at 5:18 p.m. MOTION TO TABLE. MOTION BY COMMISSIONER GILMORE. MAYOR BUSH NOTED, "COMMISSIONER GILMORE HAS MADE A MOTION TO TABLE [AGENDA] ITEM '600'." SECONDED BY COMMISSIONER BROWN. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 8, 2007 PAGE 2 OF 19 YOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. Manager McLemore said, "[Agenda Item] '607' we will Table until a later date." MAYOR BUSH SAID, "CAN WE HAYE A MOTION TO TABLE [AGENDA ITEM] '607'?" "SO MOYED." MOTION BY COMMISSIONER BROWN. MAYOR BUSH ST A TED, "SECONDED BY COMMISSIONER GILMORE." DISCUSSION. YOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Mayor Bush introduced Ms. Illiana Giannoni, 2007-2008 Reigning State Hostess for the City of Winter Springs. Commissioner Joanne M. Krebs asked, "Is she in our Parade?" Mayor Bush said to Mr. Chuck Pula, Director, Parks and Recreation Department, "You two need to get together and let her know if any of the activities that we are going to have, like the Hometown Harvest coming up, and - the Scottish Highland Games." Mayor Bush then said to Ms. Giannoni, "He will get you scheduled for your events." INFORMATIONAL AGENDA INFORMATIONAL 100. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. No discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 8, 2007 PAGE 3 OF 19 INFORMATIONAL 101. Community Development Department Wishes To Inform The City Commission Of The Cost Calculation For Processing The Average Variance Application. Brief discussion. "I MAKE A MOTION TO BRING IT BACK AND LOOK AT IT." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER BROWN. DISCUSSION. MAYOR BUSH REMARKED, "MOTION TO BRING THIS BACK AS AN AGENDA ITEM." VOTE: COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department inquired, "Is that just for the Variances, or do you want us to assess all of the charges that we do?" Commissioner Miller stated, "I think the Motion was - it should be all of them, because you allude in this information item to other things that you haven't quantified yet, such as transportation, wear and tear. I am not sure what else, but there are obviously things that haven't been included in this..." Manager McLemore added, ". . . Indirect costs, right?" Commissioner Miller noted, "... Indirect costs, they are not in the six hundred and forty dollars ($640.00)..." Manager McLemore then commented, ". .. And overhead?" INFORMATIONAL 102. Information Services Department Wishes To Inform Commission Of How The Digital Recording Of Commission Meetings Work. Discussion. "I MOVE THAT WE TIME STAMP IT." MOTION BY COMMISSIONER GILMORE. SECONDED BY COMMISSIONER KREBS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 8, 2007 PAGE 4 OF 19 MAYOR BUSH SAID, "MOTION BY COMMISSIONER GILMORE TO TIME STAMP THE RECORDING". VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. "MOTION TO APPROVE - INFORMATIONAL [AGENDA]." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. CONSENT AGENDA CONSENT 200. Not Used. CONSENT 201. Information Services Department Requests Commission Authorization To Pay The Munis Annual Maintenance And Support Contract In The Amount Of $52,225.13 And To Authorize The City Manager's Signature On The Annual Support And License Agreement As Well As The Annual Operating System And Database Administration Support (OSDBA) Agreement. Brief discussion followed with Ms. Joanne Dalka, Director, Information Services Department. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 8, 2007 PAGE 5 OF 19 CONSENT 202. Information Services Department Requests Authorization To Dispose Of Surplus Assets According To The Attached Disposition Sheets. Commissioner Miller asked, "I would like to find out what we get back on these things at Auction." Discussion. "I WOULD LIKE TO MAKE A MOTION THEN THAT WE ASK STAFF TO COME BACK, GIVE US AN ESTIMATE WHAT THEY THINK THIS EQUIPMENT MIGHT GO FOR BASED ON THEIR PAST EXPERIENCE AND THEN BRING IT BACK AGAIN AT THE NEXT MEETING, AND IF IT IS NOT A SIGNIFICANT NUMBER THEN WE CAN PROBABLY DISPOSE OF IT THIS TIME, BUT LOOK AT IT AS AN ALTERNATIVE NEXT TIME." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. CONSENT 203. Parks And Recreation Department Requesting The City Commission To Authorize The City Manager And City Attorney To Execute The Florida Department Of Environmental Protection, Florida Recreation Development Assistance Program Project Grant Agreement For The Central Winds Park Expansion. There was no discussion on this Agenda Item. CONSENT 204. Public Works Department - Capital Projects Division Requesting Approval To Accept Hazard Mitigation Grant Program Funds From The Federal Emergency Management Agency (FEMA) Through The Florida Department Of Community Affairs (DCA). No discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 8, 2007 PAGE 6 OF 19 CONSENT 205. Office Of The Mayor And Office Of The City Manager Requesting The City Commission To Rescind Its Directive To Request The County To Fund A Pedestrian Overpass In The Town Center. Much discussion. Mr. Brian Fields, P.E., City Engineer, Public Works Department stated, "Regarding the six (6) laning, just to be clear, that is not programmed. I haven't seen any long range transportation plan from DOT [Department of Transportation] - up to twenty-five (25) years out, so, there are no plans going forward with that." CONSENT 206. Information Services Department Requests Commission Authorization To Pay The Accela Annual Maintenance And Support Contract In The Amount Of $26,902.87. This Agenda Item was not discussed. CONSENT 207. Community Development Department - Planning Division Requests The City Commission Approve Authorization To Enter Into A Contract For Consulting Services With Planning Communities To Prepare The Evaluation And Appraisal Report (EAR), Due May 1,2008. There was no discussion on this Agenda Item. CONSENT 208. Office Of The City Clerk Approval Of The September 24,2007 City Commission Workshop Minutes. No discussion. CONSENT 209. Office Of The City Clerk Approval Of The September 24, 2007 City Commission Regular Meeting Minutes. This Agenda Item was not discussed. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 8, 2007 PAGE 7 OF 19 "MOTION TO APPROVE CONSENT [AGENDA], OTHER THAN ITEM '205' - I THINK YOU NEED TO PULL THAT OFF." MOTION BY COMMISSIONER KREBS. MAYOR BUSH SAID, "[CONSENT AGENDA ITEM] '202' WAS MODIFIED TO WITHHOLD THE SELLING OF SURPLUS UNTIL WE COME BACK WITH IT." COMMISSIONER KREBS ADDED, "YES, INCLUDING THE WITHHOLDING." SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. .:. .:. AGENDA NOTE: THE FOLLOWING DISCUSSION PERTAINING TO THE FOLLOWING CONSENT AGENDA ITEM WAS HEARD NEXT, AS DOCUMENTED. .:. .:. CONSENT AGENDA CONSENT 207. Community Development Department - Planning Division Requests The City Commission Approve Authorization To Enter Into A Contract For Consulting Services With Planning Communities To Prepare The Evaluation And Appraisal Report (EAR), Due May 1, 2008. Ms. Eloise Sahlstrom, AICP, ASLA, Senior Planner, Community Development Department introduced Ms. Teresa Townsend and Ms. Karen Kaplan with Planning Communities, [LLC.], Ms. Sahlstrom said, "They are now our Consultants for our Evaluation and Appraisal Reports, so you will be hearing from them from time to time. Thank you for approving their Contract." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 8, 2007 PAGE 8 OF 19 .:. .:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS DISCUSSED NEXT, FOLLOWED BY THE REST OF THE AGENDA AS NOTED. .:..:. REGULAR AGENDA REGULAR 601. Public Works Department Providing The City Commission An Opportunity To Discuss The Toll Amount At The State Road 417 / State Road 434 Interchange With Matthew Click Of Florida's Turnpike Enterprise. Mr. Matthew B. Click, AICP, Intergovernmental Programs Coordinator, Florida's Turnpike Enterprise, Intergovernmental Programs Coordinator, Turnpike Mile Post 263, Building 5315, Ocoee, Florida: addressed the City Commission. Discussion. Tape I/Side B Further discussion. Mr. Tom Percival, Florida Department of Transportation, Environmental Management Office, 719 South Woodland Boulevard, DeLand, Florida: spoke on the Noise Study. Further discussion. AWARDS AND PRESENTATIONS AWARDS AND PRESENT A nONS 300. Not Used. Mayor Bush called a Recess at 6:34 p.m. The Regular Meeting was called back to Order at 6:52 p.m. REPORTS REPORTS 400. Office Of The City Attorney - Anthony A. Garganese, Esquire No Report. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 8, 2007 PAGE 9 OF 19 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 Four/Deputy Mayor - Sally McGinnis Absent. REPORTS 404. Commission Seat Five - Joanne M. Krebs First, Commissioner Krebs spoke of a recent CALNO (Council of Local Governments in Seminole County) Meeting and mentioned that she found out that Jetta Point is progressing forward. Commissioner Krebs then said to Mayor Bush, "Maybe you could verify that?" Mayor Bush stated, "I will ask." Commissioner Krebs commented on when Staff would be bringing back information on "Building Green". Mr. Stevenson stated, "We're looking to put that Agenda Item together for the October 22nd, [2007] Meeting." Commissioner Krebs then said to Mr. Stevenson, "I would like you to get in touch with somebody. If you could, I would like you to have Deborah Schafer come in - I will get you her information." Next, Commissioner Krebs asked when "User Fees" for the Parks and Recreation Department would be discussed. Manager McLemore responded by saying, "November". REPORTS 405. Office Of The Mayor - John F. Bush Mayor Bush mentioned an email he received from a citizen related to an eighty dollar and thirty-four cent ($80.34) EMS (Emergency Medical Services) Fee. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 8, 2007 PAGE 10 OF 19 Manager McLemore stated, "I am just asking you for the courtesy to give me time to look at this and bring it back to you." "I MOVE THAT WE ALLOW THE CITY MANAGER TO REVIEW THIS AND COME BACK TO US AT THE MEETING ON THE 22ND [OCTOBER 2007] WITH HIS RECOMMENDATION AS TO HOW TO PROCEED AFTER CONFERRING WITH THE FIRE DEP ARTMENT." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER MILLER. DISCUSSION. MAYOR BUSH ASKED THAT THE CITIZEN BE CONTACTED AND EXPLAINED ABOUT THE STATUS. MANAGER McLEMORE STATED, "SURE." VOTE: COMMISSIONER BROWN: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. Mayor Bush noted that resident Mr. Larry Pellegrin had mentioned to the Mayor his concern with a neighbor's tree and that Mayor Bush had asked Staff to look into this matter; and Mayor Bush was asking for an update. Mr. Stevenson said, "I am not aware of it, but if you will give me until tomorrow, 1 will have an answer for you." Mayor Bush then asked Mr. Stevenson to make sure that Mr. Pellegrin was kept informed. Next, Mayor Bush spoke of sprinklers continuously running. With discussion, it was suggested that information be provided to residents. Lastly, Mayor Bush recommended that a donation be made to Leadership Seminole's current proj ect. Tape 2/Side A Discussion followed on the status of a Policy related to donations. Commissioner Krebs remarked, "We even talked about having - a level of first corne, first-serve, or this is how much we have, this is what we are going to do. 1 would like to see the Commission address that as well." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 8, 2007 PAGE 11 OF 19 Mayor Bush asked Manager McLemore, "Where are we on that?" Manager McLemore said, ""1 have completed a draft on it." Manager McLemore added, "I have put something together for you to look at, and we will get that to you at the next Meeting." Mayor Bush suggested, "We put this on the list that we consider when - the Manager brings this Policy back." REPORTS 406. Commission Seat One - Robert S. Miller Commissioner Miller spoke of bald eagles on the Cell Tower at City Hall and whether this might impact the Town Center project. Regarding this matter, Manager McLemore said, "We have an environmentalist that we use and we will get you the answer." REPORTS 407. Commission Seat Two - Rick Brown Commissioner Rick Brown spoke for the Record about correspondence from the City of Oviedo related to annexation and the Black Hammock. Discussion. Mayor Bush said, "I would like - to consider that we ask the [Seminole] County and [City of] Oviedo for a Joint Planning Meeting." "I WOULD LIKE TO MAKE THA T A MOTION." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. MAYOR BUSH ADDED, "THAT WE ASK THE COUNTY AND OVIEDO THAT THE THREE (3) OF US GET TOGETHER FOR A JOINT PLANNING AGREEMENT ON THINGS LIKE THE BLACK HAMMOCK. WE NEED TO TALK TO [CITY OF] OVIEDO ABOUT THEIR CITY LIMITS AND OUR CITY LIMITS GOING SOUTH. WE TALKED ABOUT THAT A COUPLE OF YEARS AGO AND NOTHING HAS HAPPENED." VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 8, 2007 PAGE 12 OF 19 Commissioner Brown next spoke of parking and traffic concerns with the Winter Springs Town Center. Lastly, Commissioner Brown mentioned a Voice article highlighting his Monday morning Coffee Meetings. REPORTS 408. Commission Seat Three - Donald A. Gilmore Commissioner Donald A. Gilmore commented on the air conditioning units at the Police Department. .:..:. AGENDA NOTE: THE FOLLOWING REPORTS WERE ALSO GIVEN, IN THE ORDER DOCUMENTED, FOLLOWED BY THE REST OF THE AGENDA. .:..:. REPORTS REPORTS 404. Commission Seat Five - Joanne M. Krebs Commissioner Krebs acknowledged Mayor Bush's recent Birthday. REPORTS 406. Commission Seat One - Robert S. Miller Commissioner Miller said, "Someone mentioned to me that the City should seriously look at the possibility of a CRA (Community Redevelopment Area) for a library for the City of Winter Springs. 1 just thought 1 would raise that issue here this evening if there seems to be some interest in it. It's something that we might want to look into especially in view of the current events which may go on - the economic circumstances that may confront us for four (4) or five (5) more years." Furthermore, Commissioner Miller stated, "Let me Amend my suggestion, that if there are other alternatives, then 1 think we should look at those also. Do you know of others?" Manager McLemore said, "I do." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 8, 2007 PAGE 13 OF 19 "I WOULD LIKE TO MAKE THAT A MOTION THAT YOU BRING IT BACK TO US..." MANAGER McLEMORE SAID, "...BE HAPPY TO..." COMMISSIONER MILLER SAID, "...IN THE NEXT COUPLE OF MONTHS - SOME ALTERNATIVE THAT MIGHT MAKE IT POSSIBLE FOR US TO BUILD A LIBRARY." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. REPORTS 401. Office Of The City Manager - Ronald W. McLemore Manager McLemore noted that due to a family emergency, he would need to be gone for the next three (3) days and that Mr. Lockcuffwould handle things. PUBLIC INPUT Ms. Dorothy M Smith, 612 Nighthawk Avenue, Winter Springs, Florida: as a resident of the Highlands, Ms. Smith thanked the City Commission for not pursuing sanctions against their Home Owner's Association. Ms. Paula Davoli, 1644 Eagle Nest Circle, Winter Springs, Florida: said that Jetta Point was going forward, and commented about recreation activities at Central Winds Park. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Not Used. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 8, 2007 PAGE 14 OF 19 PUBLIC HEARINGS 501. Community Development Department Requests The City Commission Hold A Public Hearing For The Aesthetic Review For Signage At The Regions Bank (Formerly AmSouth Bank), Located On The Northeast Corner Of State Road 434 And Parkstone Boulevard. Mr. John Baker, AICP, Senior Planner, Community Development Department introduced this Agenda Item. Much discussion. Mayor Bush opened the "Public Input" portion of the Agenda Item. Mr. Greg Nemlock, Inter plan LLC, 933 Lee Road, Orlando Florida: as the Architect for this building, Mr. Nemlock stated, "Basically, the wall length is between the existing pilasters that are there, and we're taking out the metal fence between the two (2) pilasters which is twenty-six feet (26'), but the sign is only eleven (11) or twelve feet (12'), so it is balanced. And when we put in planting back in, then we will have planting on each side of that sign also to soften the wall." Mr. Mike Chalk, Signs tar, 7720 Us. Highway 301 North, Tampa, Florida: as the sign Contractor, Mr. Chalk commented on the signage and sizing. Mayor Bush closed the "Public Input" portion of the Agenda Item. "I MAKE A MOTION TO APPROVE." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER MILLER: NAY COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 8, 2007 PAGE 15 OF 19 REGULAR AGENDA REGULAR 600. Office Of The City Manager Requesting The City Commission To Consider Settlements With David And Shelli Smith And Michael And 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. (This Item Was Tabled At The September 10, 2007 Commission Meeting. Request Commission To Remove Item From The Table.) As noted early in this Meeting, this Agenda Item was Tabled. REGULAR 602. Not Used. REGULAR 603. Public Works Department Responding To The City Commission Request For Adopt-A-Road Information. Mr. Kip Lockcuff, P.E., Director, Public WorkslUtility Department spoke on this Agenda Item. "I MOTION WE DO IT." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: AYE COMMISSIONER KREBS: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. REGULAR 604. Parks And Recreation Department Requesting The City Commission Consider Phasing The Trotwood Park Project Or Provide Other Direction. Mr. Pula introduced this Agenda Item for discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 8, 2007 PAGE 16 OF 19 Tape 2/Side B With further discussion, shade structures were mentioned. "I MAKE A MOTION THAT WE APPROVE WHAT IS GOING FORWARD WITH THE REQUEST FOR BID ON PHASE I AND WE WILL REVISIT THE OTHER PHASE II AND PHASE III AT THE APPROPRIATE TIME." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER BROWN : AYE MOTION CARRIED. REGULAR 605. Parks And Recreation Department Requesting The City Commission To Consider Further Exploration Of The Feasibility And Desirability Of Building A Municipal Athletic And/Or Aquatic Center And Skate Park. Mr. Pula presented this Agenda Item. Manager McLemore said, "There are two (2) things that you will be faced with, first you would have the General Election on the Referendum for the Bonds." Manager McLemore continued, "It is going to take a unanimous vote of this Commission to do the operating part. So, you are going to have a Referendum on the Bond issue and even if that passes, it is going to take a unanimous vote of this Commission to levy that Millage for the operations." Continuing, Manager McLemore then added, "To do this, you are going to have to lay out a very careful strategy in how you do it." Manager McLemore said, "I would suggest trying to get it to January would not be a good approach, maybe in the General Election might be better." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 8, 2007 PAGE 17 OF 19 Commissioner Brown suggested a public education program be implemented. Commissioner Krebs recommended that something like a Survey be put on the City's Website for the public to access. Manager McLemore said, "I am going to layout an entire strategy for you with a schedule." Commissioner Gilmore spoke of his concern that adequate parking be considered. Mayor Bush and Commissioner Krebs suggested a Community Building also be included. "I WILL MAKE A MOTION THAT WE PROCEED WITH THE DEVELOPMENT OF A PLAN TO ATTEMPT TO REALIZE WHETHER OR NOT THE CITIZENS OF WINTER SPRINGS WANT TO GO FORWARD WITH THIS BY THE NATIONAL REFERENDUM IN NOVEMBER OF NEXT YEAR - ST AFF - TO BRING BACK TO US IN A TIMELY BASIS - BRING BACK A PLAN ON HOW TO GET THERE BY NEXT NOVEMBER." MOTION BY COMMISSIONER MILLER. MA YOR BUSH ASKED, "AND THAT WOULD INCLUDE A COMMUNITY CENTER?" COMMISSIONER MILLER SAID, "I THINK IT WOULD INCLUDE A COMMUNITY CENTER, BASKETBALL, WHATEVER. LOOK AT EVERYTHING." SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER BROWN: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. REGULAR 606. Office Of The City Manager Requesting The City Commission To Consider Adoption Of Resolution Number 2007-47 Amending Resolution 2004-41. (Recycling Bin Policy). Manager McLemore introduced this Agenda Item. "I WAS GOING TO MAKE A MOTION TO APPROVE." MOTION BY COMMISSIONER BROWN. MAYOR BUSH NOTED, "SECONDED BY COMMISSIONER GILMORE." DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 8, 2007 PAGE 18 OF 19 VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. REGULAR 607. Community Development Department - Urban Beautification Services Division Requesting The City Commission Set A Date And Time For The Timothy J. Lallathin Memorial Tree Dedication Ceremony At Central Winds Park. Also noted earlier during this Meeting, this Agenda Item was Tabled. REGULAR 608. Community Development Department Requests The City Commission Approve The Proposed Development Agreement Modification To Allow One (1) Internally Illuminated, Building-Mounted Sign To Exceed The Maximum Letter Size And The Maximum Height Of 14 Feet Above The Adjacent Sidewalk At The Villagio Shopping Center. This Agenda Item was presented by Mr. Baker. "MOTION TO APPROVE." MOTION BY COMMISSIONER MILLER. MAYOR BUSH NOTED, "SECONDED BY COMMISSIONER BROWN." 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 - OCTOBER 8, 2007 PAGE 19 OF 19 REGULAR 609. Community Development Department Requests The City Commission Approve A Development Agreement For The Regions Bank Site, Located At The Southeast Corner Of Parkstone Boulevard And State Road 434. Attorney Garganese recommended, "That this Item just be Tabled until the next Meeting. Weare still in the process of memorializing and writing the previous actions of the Commission. " "MOTION TO TABLE..." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER BROWN. COMMISSIONER KREJ}S ADDED, "...UNTIL THE NEXT MEETING." DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. ADJOURNMENT Mayor Bush adjourned the Regular Meeting at 8:21 p.m. TFULLY SUBMITTED: A LORENZO-LUACES, CMC CITY CLERK . ,~'. Vv\<- ~ - A YOR JOHN). BTJSH NOTE: These Minutes were approved at the October 22, 2007 Regular City Commission Meeting.