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Home My WebLink About2010 12 13 Regular 607 Quit Claim Deed-609 Fruitwood Avenue ,1 Iy COMMISSION AGENDA ADD - V / Consent ITEM 6Q'7 Informational Public Hearing Regular X December 13, 2010 MGR. /DEPT. Regular Meeting Authorization REQUEST: City Attorney requests that the City Commission approve and authorize the Mayor to execute a quit claim deed to the current property owner of 609 Fruitwood Avenue, in the Fruitwood Lake Replat, in order to secure title and effectuatethe closing of the property. SYNOPSIS: The purpose of this agenda item is to approve a quit claim deed conveying any interest the City may have in the property located at 609 Fruitwood Avenue to the current owners of said property. The title company representing a prospective buyer of the property has requested the quit claim deed from the City in order to clear any title issues on the property with regard to City ownership. CONSIDERATIONS: 1. In 2007, the City approved and recorded the Fruitwood Lake re -plat, a 11.01 acre replat consisting of the previous Foxmoor Unit 2, Block J; nineteen (19) residential lots were enlarged (by dividing the City - owned land that extended from the water -ward edge of the lots to the approximate water level of the retention pond known as Fruitwood Lake. Agenda Item 601, from the March 13, 2007 City Commission meeting related to this matter is attached hereto for reference. 2. The current owner of 609 Fruitwood Avenue desires to sell the property. The title company representing the buyer has made a request that the City execute and deliver a quit claim deed to the current owner, thereby conveying any interest the City may have in the property to the current homeowner. 3. Because the City has already replated the property and conveyed all of its interest in the property pursuant to the replat, the attached quit claim deed is simply an instrument to allow the prospective buyer to obtain title insurance and effectuate the closing of the property. FISCAL IMPACT: None COMMUNICATION EFFORTS: None RECOMMENDATIONS: The City Attorney recommends that the City Commission approve and authorize the Mayor to execute the attached quit claim deed, conveying any and all of the City's interest in the property, as provided in the replat, to the current owners of 609 Fruitwood Avenue. REGULAR MEETING — December 13, 2010 4 • REGULAR AGENDA ITEM PAGE 2 OF 2 ATTACHMENTS: A. Agenda Item 601 & Minutes of the March 13,'2007 Commission B. Quit Claim Deed COMMISSION AGENDA ITEM 601 Consent Information Public Hearing — Regular x March 12, 2007 Meeting M ✓ - /Dept. i fle REQUEST: Community Development Department requests that the Commission approve the the Fruitwood Lake re -plat and authorize its recordation, subject to signatures. PURPOSE: The purpose of this agenda item is to approve for recordation, the Fruitwood Lake re -plat. This is a re -plat of 11.01 acres of the existing Foxmoor Unit 2, Block J. The property to be re- platted consists of 19 existing residential lots that will be enlarged (by dividing the City -owned land the extends from the water -ward edge of these lots to the approximate water level of the retention pond known as Fruitwood Lake), the retention pond/lake, and Fruitwood Park. APPLICABLE CODE: Comprehensive Plan Code Section 9 -75. Final Plat, contents and recording procedures. Section 9.77. Approval of final plat. Section 9 -78. Recording /distribution of the final plat. Section 9 —102. Entire tract to be used; land- locked areas prohibited. Chapter 177, Florida Statutes. Chapter 197, Florida Statutes (Section 197.333 When taxes due; delinquent). CONSIDERATIONS The subject property was conveyed to the City in 1974 with approval of the Foxmoor Unit 2 final subdivision plat, which dedicated the lots and one area labeled "park." This area, labeled "park," is comprised of what is now considered Fruitwood Park, the retention pond/lake, and the L � March 12, 2007 Regular Agenda Item 601 Page 2 surrounding property that is being proposed for inclusion in the adjacent residential properties. It is this property between the lake edge and the surrounding residential lots that is the subject of the re -plat. The City has maintained the property for more than 15 years and has been provided access through drainage easements on the residential lots. Access through the residential lots has become more difficult due to fences, gates, and the residents becoming less cooperative with the maintenance. The general public has not had access to the area between the retention pond and the residential lots. Therefore, due to the inaccessibility by both the City and the general public and the resultant difficulty maintaining the property, the City has considered dividing the area between the retention pond and the existing residential lots among the owners of the abutting residential lots. This concept has been considered at the February 14, 2005, and November 28, 2005, City Commission meetings (please see the attached minutes). At its February 14, 2005 meeting, -the Commission authorized -staff to meet with the abutting residents. A public meeting was held with the residents on May 24, 2005. All residents who- - - attended the meeting expressed interest in participating in the land transfer. Staff contacted those residents who could not attend the meeting — all of whom also expressed interest in the land transfer. In July of 2005, a survey requesting input on 2 land transfer scenarios was mailed to all abutting land owners. This survey also solicited input on proposed fence restrictions for the new parcels. Based on the survey results and follow -up communication between staff and the abutting property owners, staff devised the proposed land transfer configuration. This configuration was mailed to the abutters in October 2005, in advance of taking this to the November 28, 2005 Commission meeting. Staff has coordinated this re -plat with the City Attorney. Due to the fact that along with the City, all of the owners of 19 separate properties and various mortgage holders who must all sign -off on the dedication, this is an extremely complicated re -plat. The City Attorney has advised staff to bring this to the Commission for approval, subject to all of the requisite dedication signatures (the plat has been certified by the City's reviewing surveyor for consistency with Chapter 177, Florida Statutes). After approval, he recommends a separate Commission meeting be held for meeting with the residential lot owners, further explaining the process to them, answering their questions, obtaining their signatures on the plat, and empowering/encouraging them to obtain the signatures from the various mortgage holders on a separate joinder and consent form (the City Attorney will provide a draft joinder). FINDINGS: 1) The City's surveying consultant has reviewed the plat and has certified that it meets the platting requirements of Chapter 177, Florida Statutes. 2 March 12, 2007 Regular Agenda Item 601 Page 3 RECOMMENDATION: Staff recommends that the City Commission approve and authorize recording the Fruitwood Lake re -plat, subject to all of the required signatures and other conditions the City Attorney may determine necessary. ATTACHMENTS: A Agenda Item 201 & Minutes of February 14, 2005 Commission B. Agenda Item 501 & Minutes of November 28, 2005 Commission C. Proposed plat COMMISSION ACTION: 3 ATTACHMENT A COMMISSION AGENDA CONSENT INFORMATIONAL X ITEM 201 PUBLIC HEARING - REGULAR February 14, 2005 MGR /DEPT Meeting Authorization REQUEST: Public Works Department Requesting the City Commission Authorize Staff to Meet with the Residents Abutting Fraitwood Lake to Discuss Transferring Property Ownership. PURPOSE: The purpose of this agenda item is for the City Commission to Authorize Staff to Proceed with Discussions with Residents Abutting Fruitwood Lake Regarding Transferring Property Ownership and Maintenance Responsibility of the Grounds. CONSIDERATIONS: The City has maintained the area around Fruitwood Lake for 15 years or more. This area was platted to the City in 1974 as were many unbuildable areas in the North Orlando plats. The City has been accessing this area for maintenance through drainage easements, both of which were fenced off about five years ago. We regularly mow the area as part of the contract mowing service. Access through the residents yards has become more difficult as fences deteriorate, gates fall, and residents become less cooperative. Due to the general public having no access to this area, staff is asking the City Commission to consider allowing staff to pursue granting this property to the abutting residents while retaining an easement over the lake. Initial meetings with the residents would focus on the interest and potential solutions to dividing the City property equitably. We expect this to take 4 to 6 months. Consent Agenda Item 203 February 14, 2005 Page 2 _ ....:- ( 18 .:::::: .,,,,'' ' N : . : . 1. r' J" ,'" J' i F't A�. : A.. . y •- o �k .. t , - j `k. :c gyp, i .Y `�� J 4 - lr + /� ": ' yR : � b YCY 3 Y '. : .u' Y i t 'Y ' W � r r '.1 nL -. " t" 4., \11th ' • 3 4 �r ,,- s t B J s ti, ` s ,.° bc.:.wo : :. . P i k "S i . a' - ' 4 - -- • h o8AGE °, .- j 4 � _ y I 41 \ . Al N CT ^•._, . t r 5 '� . , -qu 42 q ,„,:;k• ,a ''' v. @ V.' ril' -. S..,. r0 , \• Y e . s .u� +r "'^ ^ �+ Y : ��M/ y am,,! ,, . - : �, : + .+ti ♦ \� _ ` , r r, • , , _ rte_ . .,. + r - u .. ;. - - -- ks ATTACHMENTS: None COMMISSION ACTION: ` 7 Con.nueaPg 242' 1 " 612 409 . 711 ! 40 • q '!..f. ° 710 y I. te , . � ? ' 2 :i• � 715 410 � �s E � 4 � 717 t CI wit* S.S; k 6 d� 1! il ► J r a1 I 12ih4 2 1 31� � � .... �� 1 • 1• i lia i STA. 110 309 ''� 8w 617 120 8 307 06 � :A; 130 ?" • 0. �< �, 305 6111 140 710 303 � 304 � r �:.K �:` ' '0. 4044111M .`��.: , � '4" weeistes, 114 � r ��? F ' 712 `�ti.�.,.. 1 , X 630 � ,;s �a•�rag ® � N � ' � 601 223 217 °D ® PARK 221219 rallr 604 N ® ria .g o ; , �. 603 E R E 150 0 d 4 le !kV • 2 'T.i 140 o E � � •�: 603 • � � ; �� .si " �„ ,�nrZ a C+ Y• 4 n ., , `` 120 Q, �.� 65 S ® 607 73 8 � ''�`^� U j 657 �� `609 740 ....4 4* f': 135 44 Ilir D 559 12:16n 12 y 661 r �� • ► GS � 6 <�� 759 �� 663 67 � 4 �` t� � : < 30 669 � „ iP . 1 ■ t VOA illitt4113r_ao .**- . ■ kirmo iis - , B % T. / A ';S • Southern Boundal N. 1 • 2 • 3 • 4 • • 6 ♦ 7 • 8 j � kT '� � � NOTES: ��:, 11� 4 c A ddress Map Book ° _ _ _ 10° 400 Feet III to �' ' ` PRIMED: RE VISED: �� Apr Muni 200 5 t 2 • 3 • • • • A City of Winter Springs, FL ag 2435 • PAGE LOCATION KEY MAP WITH 1 i 2 MILE RADIUS RINGS Developed By: Southeastern Surveying & Mapping Cap. l ' CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 14, 2005 PAGE 3 OF 20 CONSENT 201. Public Works Department Requesting The City Commission Authorize Staff To Meet With The Residents Abutting Fruitwood Lake To Discuss Transferring Property Ownership. With discussion on lack of access to this lake, Mr. Chuck Pula, Director, Parks and Recreation Department said, "We are looking at several designs that are being put together currently - to look at what we can do to make it more friendly for those type of people that would like to fish — we'll be bringing that back to you." Commissioner Gilmore added, "I would certainly hate to see us close off that body of water." Commissioner Sally McGinnis remarked, "I think that out of that community meeting, you might be surprised how many creative ideas might come- from it. I look forward to the results of that meeting. Will we be informed when that meeting is ?" - - With discussion, Attorney Garganese said, "We can notice it." CONSENT 202. Office Of The City Clerk Requesting Approval Of The January 24, 2005 Regular Meeting Minutes. No discussion. CONSENT 203. Public Works Department Requesting Municipal Adoption Of "Seminole County Local Hazard Mitigation Strategy" Plan By Resolution Number 2005 -07. Brief discussion. CONSENT 204. Public Works Department — Beautification Division Requesting Commission Approval For The Neighborhood Improvement Grant Program. Brief discussion. ATTACHMENT B COMMISSION AGENDA CONSENT INFORMATIONAL ITEM 501 PUBLIC HEARING REGULAR X November 28, 2005 MGR /DEPT Meeting Authorization REQUEST: Public Works Department Requesting the City Commission Approve the Proposed Fruitwood Lake Lot Split Plan "- PURPOSE: The purpose of this agenda item is to request the City Commission's Approval of the Proposed Fruitwood Lake Lot Split Plan. CONSIDERATIONS: • The City has maintained the area around Fruitwood Lake for 15 years or more. This area was platted to the City in 1974, as were many unbuildable areas in the North Orlando plats. -The City has been accessing this area for maintenance through drainage easements, both of which were fenced off about five years ago. We regularly mow the area as part of the contract mowing service. Access through the residents' yards has become more difficult as fences deteriorate, gates fall, and residents become less cooperative. Due to the general public having no access to this area, the difficulty of its maintenance for the City, and the lack of any public purpose for these lands, the City has proposed this property to the abutting residents while retaining an easement over the lake. • At the February 14, 2005 City Commission meeting, the Commission authorized staff to meet with the residents abutting Fruitwood Lake to discuss the potential transfer of property ownership from the City to the residents. • A public meeting was held with the residents on May 24, 2005. Several options were discussed for dividing the property into parcels and distributing these parcels to the existing property owners surrounding the lake. All residents who attended the meeting expressed interest in participating in the proposed land transfer. Residents who could not make the meeting were contacted by staff after the meeting, and all of these residents also expressed interest in the land transfer. • In July 2005 a survey was mailed to all of the surrounding property owners. The survey requested input on two different lot split plans and also collected input on the residents' desired fence restrictions along the new parcels. • Based on the survey results and some follow -up communications between staff and the residents, the enclosed lot split plan was developed (see Attachment 1). This lot split plan was mailed to the residents in October 2005 to request any final comments before the plan was brought to the Commission for final approval. The enclosed lot split plan (Attachment 1) incorporates all input received to date and there 1 1 2805_COMM_Regular_501 Fruitwood_Lake November 28, 2005 Regular Agenda Item 501 Page 2 of 3 have not been any objections communicated to staff. The proposed lot split plan fairly divides the land while maintaining lots that are reasonably shaped and contiguous with the existing lots. Regarding the fencing, based on the survey results staff recommends that fencing for the new lots be limited to 3'6" in height and be required to be transparent. This recommendation has also been communicated to the residents and no objections have been raised. FUNDING: No funding is being requested at this time. RECOMMENDATION: Staff recommends that the Commission approve the enclosed lot split plan and the proposed restriction on fencing that limits fencing on the new lots to a maximum height of 3'6" and be transparent. IMPLEMENTATION: If the enclosed lot split plan is approved, staff would like to bring back a cost proposal to the Commission for the required survey and replat needed for the land transfer. ATTACHMENTS: 1. Attachment 1— Proposed Lot Split Plan COMMISSION ACTION: CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 28, 2005 PAGE 15 OF 35 REGULAR AGENDA REGULAR 500. Community Development Department — City Arborist Recommends The City Commission Consider The Request Of Mr. Jason Rush, Of 101 St. Johns Landing, To Remove (4) Specimen Trees Located On His Residential Lot. Mr. Richart presented this Agenda Item. Deputy Mayor Blake returned to the Commission Chambers at 9:18 p.m. MOTION TO APPROVE. MOTION. SECONDED. DISCUSSION. VOTE: - - -- COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE MOTION CARRIED. REGULAR 501. Public Works Department Requesting The City Commission Approve The Proposed Fruitwood Lake Lot Split } Plan. Mr. Fields briefly spoke on this topic. MOTION TO APPROVE. MOTION BY COMMISSIONER GILMORE. SECONDED BY DEPUTY MAYOR BLAKE. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Attachment 1— Proposed Lot Split Plan •... .. . , ' 7 ,i — ,. : 1.i .,' .-- i '.':::- 2 } s e w,._ ar j. w a —.7i' fi 4 40,41 - . ' o E R h / A 4 �rY Fruitwood Lake� "` ° Proposed Parcel Map -- _ ,% i . f v. 7 w $ O ctober 28, 2005 � , y • 4 -i � - �+. ,..,, ' tif , „,.„-..,.,tx-,.1,..414-A.,-:: • 1 ,� l.r J ai , 1 � `' •i ! -' -' - •"" '._ + . }- ,. vR A j am. *, i - y_„ a t_ „_.. 1 1.... . :. �, .•a sr' .h•: .r> t� .+ �. 112805 COMM_Regular_501_Fruitwood_Lake a I PLAT BOOK PAGE • FRUITWOOD LAKE FNIRTIrOODLAIIE Of O1CAT1011 SEE SHEET 2 FOR DESCRIPTION ~ _ _ SEE SHEETS 3 THROUGH 6 FOR ADDITIONAL DEDICATIONS :gm 1YP ( wr ro uaE SHEE) I .. .. , p.p, As A,IOM Of SURVIVOR NO MAP= / C---- _, . I `, *n \ /I A • I • , 5R It N �t rim F� .et ■r 1 .... tt Of �ff11pVAL IV MMOIPAIM Wr gIRHOOT! of cIJJIK w ewc AT COwr I. +3 I I. 414, ., 4. . , • 1 PLAT BOOK PAGE FRUITWOOD LAKE :1,1111, • : .1: . .• "s • • . • •„:" Z GFROM 4021: r 77: ..Z.1....%?.6=tet. ..1*.S.•:::7;744 MEW AMINVIAISINS: • .■ • aslo. 1....•■■••ror s • ( 1.• • 1.1.1 441, . . ■• .•. ■■■.. • • I I LAKE F[UITWOOD LAM PLAT BOOK PAGE . 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' / , . 1-1-:.:-•tm, .•-• -,,,, - 0- ....,,,;;„ •-•,..- . 2 - •,. -: • ....• , . ‘,... , .4. .. ...,. •, • , -;•-•:•. I !: ..2!....".c.■ . .;,r , ,,,.-' , .. , s :)..,,, . .f..,..<.:t . ',...: ti ,, -,,..., '''% ,. .. 1 CIAVE neu , • - - 'i" -,.:*..• .,,,..,‹ ..n..-z,,,. . _;+:1 , l' iNs. ,:-.''' ': ''.1.,, V - ',4;', H •,..; ?It :VI: rrV4 X;;Fire : :, ", ..'‘ 'L t ‘ : , •:',41, .0I, 11 ■ 3I•ii:' 1. 000 ° ,:0„...' , t I,.\ , 0 13 1 ' tit - 2 ; r - - Tti . .5 .,' ,7 , 14•R . -,: .. t•■ ... I I • 11..Z 2 ,1■ . ,. . :731:n .•::i.-;'•:••■••:: %V.. . ,,•;.,•:••••',,.. ■ • , i • if,', I ;",:t;',; :,:..'.. ,..g 64, ..'1,, •• ,, • • , , ,.. .. , CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708 -2799 < ` Telephone: (407) 327 -1800 Fax: (407) 327 -4753 Website: www.winterspringsfl.org AGENDA CITY OF WINTER SPRINGS, FLORIDA CITY COMMISSION REGULAR MEETING MONDAY, MARCH 12, 2007 — 5:15 P.M. CITY HALL — COMMISSION CHAMBERS 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA •;• .• NOTE: IT IS NOT UNCOMMON THAT THERE MAY BE CHANGES TO THIS AGENDA, INCLUDING ADDITIONAL INFORMATION TO BE PROVIDED _ TO THE CITY COMMISSION. •:• •:• PLEASE SILENCE CELLULAR TELEPHONES AND /OR PAGERS DURING THE MEETING CALL TO ORDER Roll Call Invocation Pledge Of Allegiance Agenda Changes INFORMATIONAL AGENDA INFORMATIONAL 100. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. INFORMATIONAL 101. Public Works Department Providing The City Commission With Information From Florida's Turnpike Enterprise Regarding The Toll On The Seminole Expressway (Toll Road 417) For Trips Between Winter Springs And Oviedo. INFORMATIONAL 102. Public Works Department Informing The City Commission On Sight Distance Improvements At The Winter Springs Boulevard / Tuscora Drive Intersection. CITY OF WINTER SPRINGS, FLORIDA • AGENDA CITY COMMISSION REGULAR MEETING - MARCH 12, 2007 PAGE 2 OF 7 INFORMATIONAL 103. Public Works Department Informing The City Commission On The Status Of The Newly Constructed Winter Springs Boulevard Pavement. INFORMATIONAL 104. Community Development Department Informing The City Commission Regarding The Status Of Temporary Parking In Phase II -A Of The Winter Springs Town Center. INFORMATIONAL 105. Information Services Department Wishes To Inform City Commission On Progress Of Upcoming Agenda Item Relative To Televising Of Commission Meetings. CONSENT AGENDA - - . CONSENT 200. Police Department Requests The City Commission To Give Approval For The Expenditure Of Budgeted Funds For The Purchase Of Replacement Portable And Mobile- Radios And Their Associated Equipment. CONSENT 201. Police Department Requests The City Commission To Give Approval For The Purchase Of (32) Pursuit Immobilization Devices, Commonly Referred To As "Stop Sticks" From The Special Law Enforcement Fund (Federal Asset Forfeitures). CONSENT 202. Utility — Public Works Department Requesting Appropriation Of Additional Funding For Unforeseen Cost To The Public Works Facility. CONSENT 203. Public Works Department Requesting Authorization To Engage Orlando Paving Company, A Division Of Hubbard Construction Company For The Resurfacing Of Various City Streets. CONSENT 204. Office Of The Mayor Presentation Of Resolution Number 2007 -14 Expressing Appreciation To Byron Giltz For His Service On The Board Of Trustees. -- CONSENT 205. Information Services Department Requests Authorization To Dispose Of Surplus Assets According To The Attached Disposition Sheets. • • CITY OF WINTER SPRINGS, FLORIDA AGENDA CITY COMMISSION REGULAR MEETING - MARCH 12, 2007 PAGE 3 OF 7 CONSENT 206. Office Of The City Clerk Requesting Approval Of The February 26, 2007 Regular City Commission Meeting Minutes. CONSENT 207. Information Services Department Requests City Commission Authorize City Manager To Enter Into A Contract With PDF Solutions For Imaging Services Not To Exceed $40,500.00 As Budgeted For FY (Fiscal Year) 2007. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Office Of The City Manager Requesting The City Commission To Hear A PFresentafion By Alice Bard Of The Beautification Of Winter Springs (B.O.W.S.) Advisory Board Regarding Benefits Of Native And Conservation Plantings In the Local Landscape. RECESS REPORTS REPORTS 400. Office Of The City Attorney — Anthony A. Garganese, Esquire REPORTS 401. Office Of The City Manager — Ronald W. McLemore REPORTS 402. Office Of The City Clerk — Andrea Lorenzo - Luaces, CMC REPORTS 403. Commissioner Seat Two — Rick Brown REPORTS 404. Commission Seat Three — Donald A. Gilmore REPORTS 405. Commission Seat Four/Deputy Mayor — Sally McGinnis REPORTS 406. Commission Seat Five — Joanne M. Krebs REPORTS 407. Office Of The Mayor — John F. Bush REPORTS 408. Commission Seat One — Robert S. Miller CITY OF WINTER SPRINGS. FLORIDA AGENDA CITY COMMISSION REGULAR MEETING - MARCH 12, 2007 PAGE 4 OF 7 PUBLIC INPUT (Anyone Who Wishes To Speak At Public Input On Any Agenda Item Or Subject Matter Will Need To Fill Out A "Public Input" Form. You Will Be Given Three (3) Minutes To Speak; If You Are Speaking For A Group Or Homeowner's Association You Will Be Given Five (5) Minutes To Speak. It Is At The Discretion Of The Commission To Allow A Speaker More Than The Allotted Time. If You Wish To Speak At The Public Hearing Portion Of The Agenda, You Will Also Need To Fill Out A "Public Input" Form And Will Be Given The Same Time Allotment As Mentioned Above.) PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500.1 Community Development Department — Planning Division Requests The City Commission Hold A Public Heating The Aesthetic Review For The AmSouth Bank Located On The Northeast Corner Of SR (State Road) 434 And Parkstone Drive, Located On A Commercial Out - Parcel Of The Parkstone Planned Unit Development (PUD), At The North East Corner Of SR (State Road) 434 And Parkstone Boulevard. PUBLIC HEARINGS 500.2 Community Development Department Requests The City Commission Consider The Final Engineering/Site Plan For The AmSouth Bank, Located On A Commercial Out - Parcel Of The Parkstone Planned Unit Development (PUD), At The North East Corner Of SR (State Road) 434 And Parkstone Boulevard. PUBLIC HEARINGS 501. Community Development Department Requests That The City Commission Hold A Public Hearing For The Aesthetic Review Of The Beef 0' Brady's Signage Proposed For The Tuskawilla Road Side And Tree Shallow Drive Side Of The First Floor Of JDC (James Doran Company) Town Center Building 3. PUBLIC HEARINGS 502. Office Of The City Attorney Requests The City Commission Consider Passing On First Reading Ordinance Number 2007 -08 Amending Sections 19 -97. And (Section) 19 -100. Of The City Code Regarding The Imposition Of Utility Late Fees And Reinstatement Fees And New Deposits For Delinquent Utility Accounts. PUBLIC HEARINGS 503. Community Development Department — Planning Division Requests The City Commission Hold A Public Hearing For The Aesthetic Review For A 10,000 S.F. (Square Foot) Addition, With The Associated Ancillary Improvements, To An Existing 2,500 S.F. (Square Foot) Office (Don King Concrete) On 2.49 Acres Located On The North Side Of SR (State Road) 434, Between Barclay Reserve And Barrington Estates. • CITY OF WINTER SPRINGS, FLORIDA AGENDA CITY COMMISSION REGULAR MEETING - MARCH 12, 2007 PAGE 5 OF 7 REGULAR AGENDA REGULAR 600. Police Department — Code Enforcement Bureau Requests The City Commission To Consider The Application Of Mr. Kishore D. Tolia's For Release Or Satisfaction Of A Code Enforcement Lien. REGULAR 601. Community Development Department Requests That The City Commission Approve The Fruitwood Lake Re -Plat And Authorize Its Recordation, Subject To Signatures. REGULAR 602. Community Development Department Requests The City Commission Consider The Proposed Fourth Development Agreement Modification For The Vistawilla Office Center, Located On The South Side Of SR (State Road) 434, Just West Of The GreeneWay Interchange; REGULAR 603. Oviedo/Winter Springs, Regional Chamber Of Commerce Requesting To Give The Mayor And City Commission A Progress Update, And To Request Funding To Help The Chamber To Get Established. REGULAR 604. Office Of The City Clerk Requests That Commissioner Rick Brown Make An Appointment To Fill A Vacancy On The Beautification Of Winter Springs Board. REGULAR 605. Office Of The Mayor Asking The City Commission To Review The Attached Information Related To Funding Assistance For The Early Learning Coalition. REGULAR 606. Office Of The City Manager Approve The FY (Fiscal Year) 2008 Requesting That The City Commission App Budget Calendar. REGULAR 607. Office Of The City Attorney Requests The City Commission Consider And Approve Resolution Number 2007- 12 Determining The Necessity And Public Purpose For The Robert Family Lane Roadway Improvements Located Within The Town Center And Determining The Necessity And Public Purpose For Acquiring, By Eminent Domain, Fee Simple Ownership Of Designated Parcels Of Real Property In Winter Springs, Florida. Further This Resolution Authorizes The City Attorney's Office To - Initiate Eminent Domain Proceedings To Acquire Designated Parcels, And Providing For An Immediate Effective Date. • • CITY OF WINTER SPRINGS, FLORIDA AGENDA CITY COMMISSION REGULAR MEETING - MARCH 12, 2007 PAGE 6 OF 7 REGULAR 608. Office Of The City Manager Requesting The City Commission To Review Information Regarding The City Manager's Annual Evaluation In Performance Year "11", November 1, 2005 Through October 31, 2006, And Take Action The City Commission -Deems Appropriate. REGULAR 609. Not Used. REGULAR 610. Office Of The City Clerk Requests That Deputy Mayor Sally McGinnis Make An Appointment To Fill A Vacancy On The Oak Forest Wall And Beautification District Advisory Committee. REGULAR 611. Office Of The City Manager Requesting The City Commission To Consider The Merits Of A Proposed Additional Benefit To The City's Pension Plan And To Take Action It Deems Appropriate. REGULAR 612. Office Of City Commissioner Rick Brown Requesting The City Commission To Discuss The Possibility Of The City Identifying A Marketing Firm To Perform Marketing Services For The City Of Winter Springs. REGULAR 613. Community Development Department — Planning Division Requests That The City Commission Establish A Date In Mid To Late April For A Joint City Commission/Local Planning Agency Meeting [For The Purpose Of Reviewing, Commenting, And Approving Transmittal Of The Letter Of Understanding To The Department Of Community Affairs, Which Will Include The Major Planning Issues To Be Addressed In The 2008 EAR (Evaluation And Appraisal Report). ADJOURNMENT CITY OF WINTER SPRINGS, FLORIDA AGENDA CITY COMMISSION REGULAR MEETING - MARCH 12, 2007 PAGE 7 OF 7 ♦� PUBLIC NOTICE • This is a Public Meeting, and the public is invited to attend. This Agenda is subject to change. Please be advised that one (1) or more Members of any of the City's Advisory Boards and Committees may be in attendance at this Meeting, and may participate in discussions. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City of Winter Springs at (407) 327 -1800 "at least 48 hours prior to the meeting, a written request by a physically handicapped person to attend the meeting, directed to the chairperson or director of such board, commission, agency, or authority" - per Section 286.26 Florida Statutes. "If a person decides to appeal any decision made by the board, agency, or commission with respect to any matter considered at such meeting or hearing, he or she will need a record of the proceedings, and that, for such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based" - per Section 286.0105 Florida Statutes. R � CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING MARCH 12, 2007 CALL TO ORDER The Regular Meeting of Monday, March 12, 2007 of the City Commission was called to Order by Mayor John F. Bush at 5:15 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs; Florida 32708). Roll Call: _ . _ Mayor John F. Bush, present Deputy Mayor Sally McGinnis, present Commissioner Robert S. Miller, present Commissioner Rick Brown, present Commissioner Donald A. Gilmore, present Commissioner Joanne M. Krebs, present City Manager Ronald W. McLemore, present City Attorney Anthony A. Garganese, present Mayor Bush said, "I have one (1) Agenda change. We are going to take Agenda Item `611' off the Regular Agenda and move it to be the first item on the Regular Agenda." Commissioner Rick Brown read a statement into the Record related to Property and Sales Tax changes being proposed by the Legislature. Commissioner Brown continued, "With that, there are four (4) Agenda Items on the Regular Agenda, I would like us to consider pulling from tonight. And they would be: `603', `605', `608', and `612'. And I think we should pay special attention to Informational Agenda Items `203' and `207', as they are all potential revenue expenditures which may be able to be put off until a later time." City Manager Ronald W. McLemore said, "Staff has planned to come back to you in the next Meeting with similar suggestions. My comment on salaries, with those essential kind of service issues - is I would ask you not to act on that night — and I even say I would agree with any new salaries. In terms of Merit Evaluations, you've got half your employees that already received them and I would hope that the Commission didn't mean to extend to that, because you have — unfair situation with employees who - have not received the merit increases this year, while approximately half of them have already. But, we will respond accordingly, and as I said, plan to bring you a list of those essential items at your next Commission Meeting, which we would suggest that you consider." 1 CITY OF WINTER SPRINGS, FLORIDA - MINUTES CITY COMMISSION REGULAR MEETING - MARCH 12, 2007 PAGE 2 OF 28 Mayor Bush said, "I think'603' we have a Consensus to pull it." No objections were noted Regarding Agenda Item `605', Mayor Bush asked, "How many want to pull it ?" Commissioner Joanne M. Krebs said, "Yes." Deputy Mayor Sally McGinnis said, "No." Commissioner Donald A. Gilmore said, "Let's hear it." Commissioner Brown said, "Yes." Commissioner Robert S. Miller said, "Pull it." Mayor Bush said, "It's pulled." Regarding Agenda Item '608', Commissioner Miller commented, "I would like that to be left on." Commissioner Gilmore said, "I would like it left on." Deputy Mayor McGinnis also commented, "On - that is budgeted anyway." Mayor Bush summarized, "That one is on — there is three (3). Regarding Agenda Item `612', Deputy Mayor McGinnis said, "Off." Commissioner . Krebs commented, "Off" Commissioner Brown also commented, "Off." Mayor Bush said, "That one is gone then." Discussion. INFORMATIONAL AGENDA INFORMATIONAL 100. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. With discussion, Commissioner Miller stated, "Number (19), which addresses the Medallion Store, this has not changed in a couple of years now, and I am a little bit concerned because this still says a `convenience store and car wash'. There is no car wash in the current Plan, is there ?" Mr. John Baker, AICP, Senior Planner, Community Development Department replied, "That's what we got on the 2004, but..." Commissioner Miller said, "...But, it has been updated now, so that should not appear in there anymore." Mr. Baker said, "Alright, we'll take it out." CITY OF WINTER SPRINGS, FLORIDA . MINUTES CITY COMMISSION REGULAR MEETING - MARCH 12, 2007 PAGE 3 OF 28 - INFORMATIONAL 101. Public Works Department Providing The City Commission With Information From Florida's Turnpike Enterprise Regarding The Toll On The Seminole Expressway (Toll Road 417) For Trips Between Winter Springs And Oviedo. Discussion. Mayor Bush commented, "She did indicate that they would be glad to attend." Mayor Bush then stated, "Commissioners, would you like to have them ?" Commissioner Brown said, "Absolutely." Deputy Mayor McGinnis said, "Fine." Commissioner Krebs commented, "That's fine." Commissioner Krebs continued, "I support what you are saying." Commissioner Brown asked City Attorney Anthony A. Gai anese, "Since we know and can prove that that is an unfair toll per mile, do we have any recourse ?" - Attorney Garganese replied, "As I said at the last Meeting, I am going to look into their rate making authority and get back to you. I started the research on that." Mayor Bush said, "I believe what the Consensus was that we do ask - the new Executive Director, to come and so Andrea (Lorenzo- Luaces, City Clerk) - if you could set that up, schedule it. See — what Meeting they can make." - INFORMATIONAL 102. Public Works Department Informing The City Commission On Sight Distance Improvements At The Winter Springs Boulevard / Tuscora Drive Intersection. Discussion. Mayor Bush commented, "I still think the stop sign at Northern Way and Winter Springs Boulevard by the Tuscany's Restaurant is too high. It needs to be lowered." Mr. Brian Fields, P.E., City Engineer, Public Works Department replied, "It meets standard. If you want to direct us to lower it, we can." Mayor Bush said, "I would encourage the Commissioners to go out and take a look at that." Discussion. Regarding the problems with Stop Signs, Mr. Fields said, "You can do bigger signs; you can do `Stop Sign Ahead' signs; you can do striping, additional markings on the pavement to increase visibility." - CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 12, 2007 PAGE 4 OF 28 Mayor Bush commented, "Striping might be a good idea." Mayor Bush then said, "I think we just asked Brian (Fields) to look into the striping issue and get back to us on that one. Commissioners, you are all in agreement with that ?" Deputy Mayor McGinnis said, "Yes, I would say before that before we start messing with signs that do meet the Code and the standard — if there are complaints - then find out also from the Police Department, a history of problems at that intersection." INFORMATIONAL 103. Public Works Department Informing The City Commission On The Status Of The Newly Constructed Winter Springs Boulevard Pavement. Discussion. INFORMATIONAL 104. Community Development Department Informing The City Commission Regarding The Status Of Temporary Parking In Phase II -A Of The Winter Springs Town Center. This Agenda Item was not discussed. INFORMATIONAL 105. Information Services Department Wishes To Inform City Commission On Progress Of Upcoming Agenda Item Relative To Televising Of Commission Meetings. No discussion. Mayor Bush asked, "Do we have a Motion then on the Informational [Agenda] ?" "MOTION TO APPROVE." MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR McGINNIS. DISCUSSION. VOTE: DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 12, 2007 PAGE 5 OF 28 CONSENT AGENDA CONSENT 200. Police Department Requests The City Commission To Give Approval For The Expenditure Of Budgeted Funds For The Purchase Of Replacement Portable And Mobile Radios And Their Associated Equipment. There was no discussion on this Agenda Item. CONSENT 201. Police Department Requests The City Commission To Give Approval For The Purchase Of (32) Pursuit Immobilization Devices, Commonly Referred To As "Stop Sticks" From The Special Law Enforcement Fund (Federal Asset Forfeitures). Brief discussion. CONSENT 202. Utility — Public Works Department Requesting Appropriation Of Additional Funding For Unforeseen Cost To The Public Works Facility. This Agenda Item was not discussed. CONSENT 203. Public Works Department Requesting Authorization To Engage Orlando Paving Company, A Division Of Hubbard Construction Company For The Resurfacing Of Various City Streets. Discussion. CONSENT 204. Office Of The Mayor Presentation Of Resolution Number 2007 -14 Expressing Appreciation To Byron Giltz For His Service On The Board Of Trustees. This Agenda Item was not discussed. k CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — MARCH 12, 2007 PAGE 6 OF 28 CONSENT 205. Information Services Department Requests Authorization To Dispose Of Surplus Assets According To The Attached Disposition Sheets. There was no discussion on this Agenda Item. CONSENT 206. Office Of The City Clerk Requesting Approval Of The February 26, 2007 Regular City Commission Meeting Minutes. No discussion. CONSENT 207. Information Services Department Requests City Commission Authorize City Manager To Enter Into A Contract With PDF Solutions For Imaging Services Not To Exceed $40,500.00 As Budgeted FY (Fiscal Year) 2007. Ms. Joanne Dalka, Director, Information Services Department addressed the City Commission on this Agenda Item. Deputy Mayor McGinnis remarked, "I would support moving forward with this." With discussion on maintenance continuing, Ms. Dalka stated, "We can't just leave the Departments hanging with no maintenance plan going forward, once — the team leaves their Department." Mayor Bush asked, "Can I have a Motion then on the Consent Agenda ?" "MOTION TO APPROVE." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. Tape 1/Side B CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — MARCH 12, 2007 PAGE 7 OF 28 AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Office Of The City Manager Requesting The City Commission To Hear A Presentation By Alice Bard Of The Beautification Of Winter Springs (B.O.W.S.) Advisory Board Regarding Benefits Of Native And Conservation Plantings In the Local Landscape. Ms. Alice Bard, Chairperson of the Beautification of Winter Springs Board addressed the City Commission on Native Plants. Discussion. In other city related business, the City Commission heard the following: Ms. Karen GeBauer, 486 Seminole Woods Boulevard, Geneva, Florida: representing the - - Winter Springs Grizzlies, Ms. GeBauer spoke on the accomplishments of their football and cheerleading programs; the merits of their volunteers; and their scholarship program. A Certificate was presented to Commissioner Brown from the Florida League of Cities. RECESS Mayor Bush called a Recess at 6:39 p.m. The Regular Meeting was called back to Order at 6:59 p.m. Tape 2/Side A REPORTS REPORTS 400. Office Of The City Attorney — Anthony A. Garganese, Esquire No Report. REPORTS 401. Office Of The City Manager — Ronald W. McLemore No Report at this time was given. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 12, 2007 PAGE 8 OF 28 REPORTS 402. Office Of The City Clerk — Andrea Lorenzo- Luaces, CMC No Report. REPORTS 403. Commissioner Seat Two — Rick Brown Commissioner Brown said, "I would like to see us get on our Agenda for next Meeting or the week after, or as soon as possible, a review of where we are with our EDC (Economic Development Commission) set up." Commissioner Brown continued, "I would like to see what can be done for Winter Springs to get more active, especially as we start looking at the Interchange District; and our other ventures. I am trying to bring a more diversified commercial tax base into the City_ I think it is &critical function we need to take a more serious look at." Next, Commissioner Brown spoke on Scottish ancestry. REPORTS 404. Commission Seat Three — Donald A. Gilmore Commissioner Gilmore complimented City Staff and said, "On last night's performance at Central Winds Park - everything was done very nicely, good orchestra, good grounds, and crowd control, and everything. Congratulations." Next, Commissioner Gilmore asked Manager McLemore, "When we fly balloons, could you let us know when that occurs? What I am referring to is balloons for Cell Manager McLemore replied, "Yes." Mr. Randy Stevenson, ASLA, Director, Community Development Department said, "Staff was not aware of the second one, Commissioner, but we'll try to make sure the next time we get it, we'll let you know ahead of time." REPORTS 405. Commission Seat Four/Deputy Mayor — Sally McGinnis Deputy Mayor McGinnis asked, "Could we put your letter, Mayor, on our Website. It is not dated, but it is about the Property Tax system. It is a good letter." Mayor Bush stated, "Sure." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 12, 2007 PAGE 9 OF 28 Secondly, Deputy Mayor McGinnis went on, "There was reference made that the County Park System has some kind of a system on — a lightening alert." Commissioner McGinnis continued, "When lightening is coming, and there are ball games going on, it is not a lightening rod, but it is an alert. And it will either make a noise or blink so long; and I think that is a really important safety measure, when we have a lot of kids playing on open ball fields. This is an alert system the County uses. Could we — find out what that is from the County..." Manager McLemore said, "...We can." Mayor Bush added, "The Manager will get back to the Commission with that information." Thirdly, Deputy Mayor McGinnis commented, "Recently we recognized one (1) of our merchants in the City for an outstanding merit of achievement. He won an International Award, the Wine Store - he came and we just told him we were proud of him. And I am suggesting that we might have made up some kind of a Certificate that we always have and we could present that on a moment's notice, if necessary, when it is appropriate." Mayor Bush said, "We can ask Andrea (Lorenzo - Luaces, City Clerk) to put something together. She is good at that." Deputy Mayor McGinnis added, "And I still think we can go back, when we do get it, give that to him." Mayor Bush asked, "Andrea (Lorenzo - Luaces), is that something you can take a look at ?" City Clerk Lorenzo - Luaces replied, "Yes, sir." Mayor Bush continued, "And then bring it back for the Commission to - approve." - Lastly, Deputy Mayor McGinnis said, "I have become aware that some cities are giving incentives to Developers for xeriscape." Deputy Mayor McGinnis continued, "I would like to know what some other cities are doing about this. If we could somehow find out from other cities, some of the incentives that they're giving for xeriscape, using less water and pesticides." Mayor Bush asked, "Is there anybody who disagrees with anything that we have talked about so far." No objections were noted. REPORTS 406. Commission Seat Five — Joanne M. Krebs Commissioner Krebs said, "I believe that Staff might recall that I had asked that we possibly even have some type of experimental area, maybe in the parks or "whatever, and then at some point in time actually show people what they can do. As well as, I brought up about the fact that we should be using it. And it was at that time that the Manager said we'll need to bring that back after the first of the year. Ron ( McLemore), do you recall that ?" Manager McLemore replied, `I actually think there's been some work done on that already by Steve (Richart, Urban Beautification Services Division Manager, Community Development Department)." CITY OF WINTER SPRINGS, FLORIDA __ MINUTES CITY COMMISSION REGULAR MEETING - MARCH 12, 2007 PAGE 10 OF 28 Continuing, Commissioner Krebs remarked, "Yes, I think we should I think it is something - I asked us to be leaders in that area and I really think that we can be, if we really put our minds to it So, I really say we should, somehow we need a Consensus on this - to look at that, investigate it and really focus on something like it." - Regarding the comments made about xeriscaping, Commissioner Krebs said, "I recommend that we do exactly what I just went over..." Mayor Bush asked, "Is everyone in agreement with Commissioner Krebs' recommendations ?" Commissioner Brown stated, "Yes." As no objections were noted, Mayor Bush pointed out, "We have Consensus on the recommendation." Discussion. Regarding the proposed Property Tax Reform issue, Commissioner Krebs commented, "One of the things that I would hate to see us loose sight of is the good that we are doing _ in Town Center with the monthly, or semi - monthly sometimes, programs, events, that we have been having." Commissioner Krebs added, "I would like us to look at a different way of maybe funding it. And that would be through having somebody who is able to promote and get sponsors so that we don't have to and - of course since it is on a small scale, I think it would be an easier thing to do — and then if we needed to, I even would be willing to take a cut in my salary to put some of that money, and hopefully the rest of the Commission would, to at least help fund one (1) event — that benefits not only the citizens, but the very people who have their businesses there." Commissioner Krebs added, "I would just like the people to think about it." REPORTS 407. Office Of The Mayor — John F. Bush Mayor Bush spoke regarding the trip to Tallahassee related to Property Tax Reform. Next, Mayor Bush said, "One of the things I failed to do at the Spring Concert last night was to thank our Staff." Mayor Bush added, "Police and Fire that were working that night; the Parks and Recreation people who also worked hard to make the Event seamlessly good." Mayor Bush continued, "We should always remember that the Police, the Fire, the Parks and Recreation people, they are working while those of us who were there were having a good time. So, we do appreciate the Officers and the Firefighters who were there last night, as well as the Parks and Recreation people who did such a great job. So, I will try not to - forget saying that before the crowd because I know you deserve it." ° CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 12, 2007 PAGE 11 OF 28 REPORTS 408. Commission Seat One — Robert S. Miller Commissioner Miller mentioned Property Tax Reform funding issues related to the Record. ❖ :• AGENDA NOTE: THE FOLLOWING REPORT WAS DISCUSSED NEXT, AS DOCUMENTED. • • REPORTS REPORTS 401. Office Of The City Manager — Ronald W. McLemore Manager McLemore spoke on a suggested Meeting with Victor Dover. With discussion on a proposed Meeting with the Town Center Consultants, Mayor Bush suggested June 12, 2007, to which Deputy Mayor McGinnis stated, "Good." With no objections, Mayor Bush summarized, "June the 12 [2007] at 5:15 [p.m.]." PUBLIC INPUT Mr. Matt Matisal; 794 Seneca Meadows Road, Winter Springs, Florida: spoke regarding televising City Commission Meetings and asked the City Commission to consider other ways to accomplish this including utilizing Winter Springs High School students. Ms. Brenda Hayes Brown, 211 Nandina Terrace, Winter Springs, Florida: commented on businesses and mentioned comments by a Vendor at this past weekend's Event. Mr. Ron Ligthart, 1036 Winding Waters Circle, Winter Springs, Florida: remarked about the City's Pension Plan and suggested more competitive Healthcare options. Mr. Michael S. Blake, 711 Canadice Lane, Winter Springs, Florida: spoke for the Record, as a resident and on behalf of his family, in favor of Regular Agenda Item "611". Mr. Jeff McCall, Firefighter, Fire Department: also commented that he was in favor of Regular Agenda Item "611 ". CITY OF WINTER SPRINGS, FLORIDA _ MINUTES CITY COMMISSION REGULAR MEETING - MARCH 12, 2007 PAGE 12 OF 28 Mr. Tom Brown, 717 Adidas Road, Winter Springs, Florida: suggested that Citrus Road could be a potential deviation for traffic which would ease traffic on Dyson Drive; and recommended contacting CVS /pharmacy Company about having a Theater for Performing Arts in Winter Springs. Mayor Bush asked, "Would the Commission want to ask the Manager to contact the County to inquire about Citrus Road, to see if there are plans ?" Deputy Mayor McGinnis said, "There is a school on Citrus [Road] and that should be -a- factor." Commissioner Krebs commented, "I would like to know if they have any plans or if they ever are going to consider something like that to alleviate the traffic problems." Mayor Bush then said, "Everybody agree to ask the Manager ?" Commissioner Krebs stated, `I am." Deputy Mayor McGinnis said, "Fine." No objections were voiced Regarding a Performing Arts __Theater, Mayor Bush continued, "And the second recommendation was to contact CVS /pharmacy Company and I guess — what Mr. _ Brown is proposing is that they would donate the property to the City, we would name it after them - and it come become some kind of a City facility — is that something that that the Commission would also want to move forward on and make the contact with CVS/pharmacy Company and ask them ?" Deputy Mayor McGinnis said, "Go ahead " No objections were noted. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500.1 Community Development Department — Planning Division Requests The City Commission Hold A Public Hearing For The Aesthetic Review For The AmSouth Bank Located On The Northeast Corner Of SR (State Road) 434 And Parkstone Drive, Located On A Commercial Out - Parcel Of The Parkstone Planned Unit Development (PUD), At The North East Corner Of SR (State Road) 434 And Parkstone Boulevard. Mr. Stevenson introduced this Agenda Item. Brief discussion. Mayor Bush opened the "Public Input" portion of the Agenda Item. Mr. Greg Neblock, Interplan, LLC, 933 Lee Road, Orlando, Florida: as the Architect, Mr. Neblock addressed the City Commission. Mayor Bush closed the "Public Input" portion of the Agenda Item. CITY OF WINTER SPRINGS, FLORIDA S CITY COMMISSION REGULAR MEETING — MARCH 12, 2007 PAGE 13 OF 28 MOTION TO APPROVE. MOTION BY COMMISSIONER BROWN. MAYOR BUSH STATED, "MOTION FOR APPROVAL COMMISSIONER KREBS." DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. PUBLIC HEARINGS _ 500.2 Community Development Department Requests The City Commission Consider The Final Engineering/Site Plan For The AmSouth Bank, Located On A Commercial Out - Parcel Of The Parkstone Planned Unit Development (PUD), At The North East Corner Of SR (State Road) 434 And Parkstone Boulevard. Mr. Baker spoke on this Agenda Item. Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. Discussion. Tape 2 /Side B Mr. Frank S. Ioppola, Jr., Esquire, 3403 Foxmeadow Court, Longwood, Florida: said, "At the recommendation of Deputy Mayor McGinnis, we went back to the County Trail Authority, we requested a higher level of safety; had to argue for it, believe it or not; and achieved getting that which involves better signage. It involves a handrail so you'll have not only a — visual queue, but a place to hold on to. And in addition, they've agreed voluntarily to limit their hours so there will not be Saturday banking hours, to make sure that while the entrance — the entrance is here — that the times the Bank would be under most use, when kids would be around, it will not be operating. So, when kids are in school, the Bank will be open, and when kids are home on Saturdays and Sundays, the Bank would be closed; although the ATM will be open. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 12, 2007 PAGE 14 OF 28 We have a letter of support from the Homeowner's Association that I believe we submitted. And I'm told by the guys that know far more about Land Use than I, that I'm supposed to make the following submissions of documents into the Record. And I believe the Clerk has a copy of that. We have copies for the Commissioners, if you like." Mr. Ioppola continued, "Under tab 4, you'll find photographs of the Tuscora Drive Trail crossing. This is an area that Commissioner Krebs was nice enough to point out to us, that is aesthetically very nice and probably far more traffic at a greater speed and yet is safe and does quite well. And lastly, tab six (6), there's a Seminole County Construction Permit. So, we are here before you this evening to ask for Final Engineering Site Approval with the access to [State Road] 434. We respectfully disagree with Staff." Mr. Iopploa continued, "We think we have provided and are prepared to provide a safe area, which is very important to all here. An aesthetically pleasing area that will fit in, and ultimately a first class corporate partner who will work with the City, now and in the future. And we'd be prepared to put that in the Development Agreement with the City to make sure that those restrictions stay and would not be able to be changed without coming back before this Commission. Preserving the Green Space that is adjacent to the property, and our property is very important and we're prepared to put it in the Developer's Agreement. Again, the preservation of that and making sure that it fits within - the aesthetics which are so important to the City. And to work as best we can, on this issue." Much discussion. Commissioner Krebs said, "I did meet with you, Frank (Ioppola) and another Lawyer." Continuing, Commissioner Krebs noted, "And as you know, at that time, I too, was not happy with a cut. Yes, I did consider the cut that was not allowed for the Landings, but I believe that was totally a different reason. I also think that it's very, very important for this City to welcome commercial business. And the fact that we can almost select right now what commercial business goes there is also — something that we can enjoy. I did read the letter from the HOA (Homeowner's Association) from - Parkstone and I see that they welcome your Bank, as well as they approve your cut. I ask that you make it even a little more safer." Commissioner Brown noted, "I have had discussions with the Applicant and Mr. Ioppola." Mayor Bush asked, "Would you be willing to put pavers in between — [State Road] 434 and the Bank because pavers have a good - slowing people down - would that be something that you would consider ?" CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 12, 2007 PAGE 15 OF 28 Mr. Greg Neblock Interplan, LLC, 933 Lee Road, Orlando, Florida: stated, "As we exit the Bank, what is on our property, we are fine. The Trail has a requirement that it be concrete. Now, whether we can do — concrete or something else, that would be fine. We'd just have to go back to that. Either one of those is fine with us." Discussion ensued on the entrance and possibly reducing the radius at the entrance. A colleague of Mr. Ioppola stated, "I think the best we could do probably is twenty -five foot (25') radius with DOT (Department of Transportation)." Further discussion. Commissioner Miller spoke for the Record on commerce in the City, the project and that the curb cut should not be made. _ _ _ - - Discussion. "I WOULD LIKE TO MAKE A MOTION TO APPROVE, WITHOUT THE REQUIREMENT TO REMOVE THE CURB CUT." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER --KREBS. DISCUSSION. "I WOULD LIKE TO MAKE AN AMENDMENT TO THAT TO INCLUDE THE GREENSPACE, AND THE DEVELOPER'S AGREEMENT, THE MEDIAN, AND THE RAIL AS YOU HAVE INDICATED - AND THE EXTRA ENHANCEMENT THAT YOU HAVE INDICATED." AMENDMENT TO THE MOTION BY COMMISSIONER KREBS. MAYOR BUSH STATED, "ALL OF THE ISSUES THAT MR. IOPPOLA READ WHEN HE FIRST ADDRESSED THE COMMISSION ?" COMMISSIONER KREBS REPLIED. "YES." MANAGER McLEMORE ASKED, "DOES THAT INCLUDE THE TWENTY - FIVE PERCENT (25 %) RADIUS..." COMMISSIONER KREBS REPLIED, "...YES. AND I HAVE UP HERE, AND THE ENTRANCE RADIUS TO — AS CLOSE AS YOU CAN, BUT I THINK YOUR ENGINEER — SAID SOMETHING ABOUT POSSIBLY GETTING IT TO TWENTY (25) OR BEING ABLE TO DO THAT." SECONDED BY COMMISSIONER BROWN. DISCUSSION. ATTORNEY GARGANESE SAID, "THERE WERE A COUPLE OF OTHER POINTS THAT WERE RAISED - REGARDING SATURDAY HOURS OF OPERATION." COMMISSIONER KREBS SAID, "YES - NO SATURDAY HOURS, I BELIEVE — THEY HAD SAID - TO BE INCLUDED IN THE AMENDMENT." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — MARCH , PAGE 16 207 CONTINUING, ATTORNEY GARGANESE RSRS D, "AND SOMEONE E ALSO MENTIONED PAVERS, I THINK AT THE ENTRANCE, ON THE BANK PROPERTY." COMMISSIONER KREBS SAID, "YES. THAT IS RIGHT. TO BE INCLUDED INTO THE AMENDMENT, THE PAVERS." MAYOR BUSH ASKED, "WHAT ABOUT THE PARKING ?" COMMISSIONER KREBS SAID, "HE WOULD REDUCE IT, REDUCE THAT PARKING ?" MAYOR BUSH ASKED, "HOW MANY DID YOU SAY ?" MR. IOPPOLA REPLIED, "FOUR (4) OR FIVE (5)." COMMISSIONER KREBS SAID, "FIVE (5) MR. IOPPOLA STATED, "SO, WE'RE TALKING ABOUT THE REDUCED PARKING, THE SATURDAY HOURS, FOR FINAL, ALL OF THE ABOVE. THE PAVERS, WE'LL HAVE TO CHECK - ALONG AS THEY'RE RE NO THE ON THE TRAIL, WE CAN DO DEVELOPER'S AGREEMENT." MAYOR BUSH ASKED, "SO THAT'S THE MOTION ?" ATTORNEY GARGANESE ASKED, "IS THIS GOING TO BE MEMORIALIZED IN THE DEVELOPER'S AGREEMENT ?" COMMISSIONER KREBS REPLIED, "YES, IT SHOULD BE AND THIS ALL TO BE - MEMORIALIZED IN THE DEVELOPMENT AGREEMENT. YES." MAYOR BUSH SAID, "THAT WAS THE AMENDED MOTION WHICH WAS SECONDED BY COMMISSIONER BROWN. - - - DEPUTY MAYOR McGINNIS ASKED, "IF FDOT (FLORIDA DEPARTMENT OF TRANSPORTATION) DOES NOT APPROVE THEIR REQUEST HOW DOES THIS AFFECT IT ?" Tape 3 /Side A DEPUTY MAYOR McGINNIS ASKED, "AND WHAT IF THEY SAY NO ?" ATTORNEY GARGANESE EXPLAINED, "THE WAY THE MOTION IS, YOU WOULD ACCEPT WHAT'S SPURATI PROPOSED, OI�APPROVES (DEPARTMENT OF SOMETHING SMALLER." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 12, 2007 PAGE 17 OF 28 COMMISSIONER GILMORE ASKED, "WHERE ARE THESE PAVERS GOING? SOMEBODY SHOW ME." MAYOR BUSH SAID, "IT WOULD BE ON THEIR PROPERTY." _ MR. IOPPOLA SAID, "I THINK WE'RE TALKING ABOUT FROM RIGHT ABOUT WHERE OUR PROPERTY LINE IS HERE - THERE'S A FIVE FOOT (5') AREA THAT BELONGS TO, I BELIEVE, THE COUNTY, AND THEN WE COULD TAKE THEM IN PROBABLY INTO THIS WHOLE AREA HERE — YOU CAN COME ACROSS HERE AND TAKE THAT WHOLE CORNER." COMMISSIONER BROWN ASKED, "CAN WE INCLUDE A `DO NOT BLOCK THE TRAIL' SIGN, OR DO WE HAVE TO GO BACK TO ANOTHER AMENDMENT TO THE MOTION ?" VOTE: (AMENDMENT TO THE MOTION) COMMISSIONER BROWN: AYE DEPUTY MAYOR McGINNIS: NAY COMMISSIONER KREBS: AYE COMMISSIONER MILLER: NAY COMMISSIONER GILMORE: AYE MOTION CARRIED. VOTE: (ON THE MOTION AS AMENDED) COMMISSIONER KREBS: AYE DEPUTY MAYOR McGINNIS: NAY COMMISSIONER BROWN: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: NAY MOTION CARRIED. • • AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS DISCUSSED NEXT, AND LATER IN THE MEETING, AS SHOWN ON PAGE 22 OF THESE MINUTES. ❖ ❖ REGULAR REGULAR 611. Office Of The City Manager Requesting The City Commission To Consider The Merits Of A Proposed Additional Benefit To The City's Pension Plan And To Take Action It Deems Appropriate. Manager McLemore presented this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 12, 2007 PAGE 18 OF 28 "I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE IT WITH THE CITY PAYING FOR THE COST." MOTION BY COMMISSIONER BROWN. 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. • • AGENDA NOTE: THE REST OF THE AGENDA WAS CONTINUED WITH, AS DOCUMENTED. •'r • PUBLIC HEARINGS PUBLIC HEARINGS 501. Community Development Department Requests That The City Commission Hold A Public Hearing For The Aesthetic Review Of The Beef 0' Brady's Signage Proposed For The Tuskawilla Road Side And Tree Shallow Drive Side Of The First Floor Of JDC (James Doran Company) Town Center Building 3. Mr. Baker spoke on this Agenda Item. Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. "MOVE FOR APPROVAL." MOTION BY COMMISSIONER GILMORE. SECONDED BY DEPUTY MAYOR McGINNIS. DISCUSSION. - " CITY OF WINTER SPRINGS, FLORIDA -- MINUTES CITY COMMISSION REGULAR MEETING - MARCH 12, 2007 PAGE 19 OF 28 VOTE: DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. PUBLIC HEARINGS 502. Office Of The City Attorney Requests The City Commission Consider Passing On First Reading Ordinance Number 2007 -08 Amending Sections 19 -97. And (Section) 19-100. Of The City Code Regarding The Imposition Of Utility Late Fees And Reinstatement Fees And New Deposits For Delinquent Utility Accounts. Mayor Bush asked, "Can I have a Motion to read by `Title' only ?" "SO MOVED." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. City Attorney Anthony A. Garganese read the Ordinance by "Title" only. Discussion ensued on Waivers. "MOTION TO APPROVE." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. -- MAYOR BUSH SAID, "AND THAT MOTION WOULD BE TO APPROVE AS WRITTEN." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 12, 2007 PAGE 20 OF 28 VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: NAY DEPUTY MAYOR McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. PUBLIC HEARINGS 503. Community Development Department — Planning Division Requests The City Commission Hold A Public Hearing For The Aesthetic Review For A 10,000 S.F. (Square Foot) Addition, With The Associated Ancillary Improvements, To An Existing 2,500 S.F. (Square Foot) Office (Don King Concrete) On 2.49 Acres Located On The North Side Of SR (State Road) 434, Between Barclay Reserve And Barrington Estates. Mr. Stevenson introduced this Agenda Item. Discussion. Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. "MOTION TO APPROVE." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER GILMORE. DISCUSSION, -- VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Mayor Bush called a Recess at 8:54 p. m. The Regular Meeting was called back to Order at 9:04 p.m. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — MARCH 12, 2007 PAGE 21 OF 28 REGULAR AGENDA REGULAR 600. Police Department — Code Enforcement Bureau Requests The City Commission To Consider The Application Of Mr. Kishore D. Tolia's For Release Or Satisfaction Of A Code Enforcement Lien. Captain Glenn Tolleson spoke on this Agenda Item. Mr. Kishore D. Tolia, 721 Bear Creek Circle, Winter Springs, Florida: addressed the City Commission regarding this case. Discussion. Deputy Mayor McGinnis spoke for the Record on property management and screened enclosures. Much discussion. Mr. Matisak, Chairman of the Code Enforcement Board spoke regarding this case. Further discussion. Tape 3/Side B "MOTION TO ACCEPT THE RECOMMENDATION OF THE CODE ENFORCEMENT BOARD." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER BROWN: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. REGULAR 601. Community Development Department Requests That The City Commission Approve The Fruitwood Lake Re -Plat And Authorize Its Recordation, Subject To Signatures. Mr. Baker introduced this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 12, 2007 PAGE 22 OF 28 "MOTION TO APPROVE AND AUTHORIZE THE RECORDING OF THE FRUITWOOD LAKE RE -PLAT, SUBJECT TO ALL THE REQUIRED SIGNATURES AND OTHER CONDITIONS THE CITY ATTORNEY MAY DETERMINE NECESSARY." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. ❖ ❖ AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS DISCUSSED AGAIN, AS PREVIOUSLY NOTED ON PAGE 17 OF THESE MINUTES. • • :• REGULAR REGULAR 611. Office Of The City Manager Requesting The City Commission To Consider The Merits Of A Proposed Additional Benefit To The City's Pension Plan And To Take Action It Deems Appropriate. Manager McLemore said, "Commissioner Blake reminded me that I failed to mention one of the recommendations at the Pension Board Meeting. And it was simply a definition of `disability' and what he had recommended and we agreed to is it that disability would be defined as — the latest version on any — Insurance contract that the City had in place. And if in any point in time there was no Long Term disability and this - under this particular new section was consistent with that criteria, that the language in the last Insurance contract that the City had, would be used to define what `disability' would be. This is a technical issue that the Attorney will put it in the amended Plan." Manager McLemore continued, "If you would put a Motion on the floor to adopt that language, we' 11 make sure it gets included." "SO MOVED." MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR McGINNIS. DISCUSSION. MAYOR BUSH SAID, "IT HAS THE STATEMENTS IN WHICH THE MANAGER MADE CONCERNING THIS." CITY OF WINTER SPRINGS, FLORIDA - MINUTES CITY COMMISSION REGULAR MEETING - MARCH 12, 2007 PAGE 23 OF 28 VOTE: COMMISSIONER BROWN: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. ❖+ AGENDA NOTE: THE REST OF THE AGENDA WAS CONTINUED WITH, AS DOCUMENTED. ❖ •A REGULAR REGULAR 602. Community Development Department Requests The City Commission Consider The Proposed Fourth Development Agreement Modification For The Vistawilla Office Center, Located On The South Side Of SR (State Road) 434, Just West Of The GreeneWay Interchange. Mr. Baker addressed the City Commission regarding this Agenda Item. Commissioner Gilmore said, "We discussed the maintenance of the wall, as being the responsibility of the Owner. Is that in this Developer's Agreement that they will maintain that wall ?" Mr. Baker stated, "It's their wall, they would have to. I don't believe it is in Development Agreement but it's their wall." -- - Attorney Garganese commented, "It's in the old one." Commissioner Gilmore said, "I just want to make sure that it is defined that they have the responsibility for the maintenance of both sides of that wall." Attorney Garganese said, "I'm pretty sure it's in the original Agreement that's modified - but if it's not, we can add one (1) sentence in here that — Vistawilla is responsible for maintaining both sides of the wall." - - -- "MOTION TO APPROVE THE FOURTH MODIFICATION." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. MAYOR BUSH ASKED, "AND THAT'S WITH THE BOTH SIDES OF THE WALL ISSUE ADDRESSED ?" DEPUTY MAYOR McGINNIS REPLIED, "YES, CORRECT, AND WE DISCUSSED THAT BEFORE." - - - CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 12, 2007 PAGE 24 OF 28 VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE MOTION CARRIED. REGULAR 603. Oviedo/Winter Springs, Regional Chamber Of Commerce Requesting To Give The Mayor And City Commission A Progress Update, And To Request Funding To Help The Chamber To Get Established. This Agenda Item was pulled as noted earlier in the Meeting.- __ " REGULAR 604. Office Of The City Clerk Requests That Commissioner Rick Brown Make An Appointment To Fill A Vacancy On The Beautification Of Winter Springs Board. "I WOULD LIKE TO MAKE AN APPOINTMENT TO THE BOWS (BEAUTIFICATION OF WINTER SPRINGS) BOARD THIS EVENING, AND I WOULD LIKE TO PUT UP FOR THAT PURPOSE, ROBERTO ACEVEDO." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR McGINNIS: AYE MOTION CARRIED. REGULAR 605. Office Of The Mayor Asking The City Commission To Review The Attached Information Related To Funding Assistance For The Early Learning Coalition. This Agenda Item was pulled as noted earlier in this Meeting. lI 4 CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 12, 2007 PAGE 25 OF 28 REGULAR 606. Office Of The City Manager Requesting That The City Commission Approve The FY (Fiscal Year) 2008 Budget Calendar. "MOTION TO APPROVE." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. . Mayor Bush asked, "And you'll get these dates on the Website, Andrea (Lorenzo - Luaces, City Clerk) or see that they get on there ?" City Clerk Lorenzo- Luaces stated, "Sure." REGULAR 607. Office Of The City Attorney Requests The City Commission Consider And Approve Resolution Number 2007 -12 Determining The Necessity And Public Purpose For The Robert Family Lane Roadway Improvements Located Within The Town Center And Determining The Necessity And Public Purpose For Acquiring, By Eminent Domain, Fee Simple Ownership Of Designated Parcels Of Real Property In Winter Springs, Florida. Further This Resolution Authorizes The City Attorney's Office To Initiate Eminent Domain Proceedings To Acquire Designated Parcels, And Providing -For An Immediate Effective Date. Attorney Garganese introduced this Agenda Item for discussion. Discussion. "I MOVE THAT WE PASS RESOLUTION - 2007 -12." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 12, 2007 PAGE 26 OF 28 REGULAR 608. Office Of The City Manager Requesting The City Commission To Review Information Regarding The City Manager's Annual Evaluation In Performance Year "11 ", November- 1, 2005 Through October 31, 2006, And Take Action The City Commission Deems Appropriate. Manager McLemore presented this Agenda Item. Discussion. Commissioner Miller said, "This is changing from an evaluation of where we've come from, to where we're going and I think where we are going, probably ought to be another item, and maybe at the next Commission Meeting, where we can - consistently put down all of the items that we think should be... Mayor Bush commented, "...That's a good point, Commissioner." With further discussion, Commissioner Miller spoke for the Record on Merit Raises for Department Directors over the past year. Discussion. "I MAKE A - MOTION THAT WE APPROVE A FOUR PERCENT (4 %) INCREASE BASED ON DEMONTRATED PERFORMANCE FOR LAST YEAR, WHICH ENDS — THROUGH - SEPTEMBER 30 - ACTUALLY YOUR ANNIVERSARY DATE, WHATEVER THAT IS." MANAGER McLEMORE SAID, "IT WOULD BE — OCTOBER 30 COMMISSIONER MILLER CONTINUED, "WHATEVER YOUR ANNIVERSARY DATE, IT WOULD BE BASED ON THE BASE SALARY RIGHT NOW." MOTION BY COMMISSIONER MILLER. MAYOR BUSH SAID, "SECONDED BY COMMISSIONER GILMORE." FURTHER DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER GILMORE: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: NAY COMMISSIONER BROWN: NAY MOTION CARRIED. REGULAR 609. Not Used. • r Y CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 12, 2007 PAGE 27 OF 28 "MOTION TO EXTEND THIRTY (30) MINUTES." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER BROWN: NAY COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER 'CRESS: NAY COMMISSIONER GILMORE: AYE MOTION DID NOT CARRY. ADJOURNMENT - -- _ _ _ _ _ . Mayor Bush adjourned the Regular Meeting at 10:06 p.m. ❖❖ AGENDA NOTE: THE FOLLOWING AGENDA ITEMS WERE NOT DISCUSSED AT THIS REGULAR MEETING. ❖ ❖ REGULAR REGULAR 610. Office Of The City Clerk Requests That Deputy Mayor Sally McGinnis Make An Appointment To Fill A Vacancy On The Oak Forest Wall And Beautification District Advisory Committee. REGULAR 612. Office Of City Commissioner Rick Brown Requesting The City Commission To Discuss The Possibility Of The City Identifying A Marketing Firm To Perform Marketing Services For The City Of Winter Springs. REGULAR 613. Community Development Department — Planning Division Requests That The City Commission Establish A Date In Mid To Late April For A Joint City Commission/Local Planning Agency Meeting [For The Purpose Of Reviewing, Commenting, And Approving Transmittal Of The Letter Of Understanding To The Department Of Community Affairs, Which Will Include The Major Planning Issues To Be Addressed In The 2008 EAR (Evaluation And Appraisal Report). • } CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — MARCH 12, 2007 PAGE 28 OF 28 REGULAR 614. Office Of The City Manager ADD -ON Requesting The City Commission To Review And Approve Resolution Number 2007 -15 Regarding The Establishment Of The Ad Hoc Winter Springs Property Tax Reform Action Study Committee. RESPECTFULLY SUBMITTED: DANIELLE HARKER, ASSISTANT TO THE CITY CLERK AND AND 1 'LORENZO- LUACES, CMC - - CIT LERK APPROVED: 4,4 i F. BUSH �• • NOTE: These Minutes were approved at the March 26, 2007 Regular City Commission Meeting. THIS INSTRUMENT SHOULD BE RETURNED AFTER RECORDING TO: Daniel T. O'Keefe, Esquire Shutts & Bowen, LLP 300 South Orange Avenue, Suite 1000 Orlando, FL 32801 (407) 423 -3200 QUIT CLAIM DEED THIS QUIT CLAIM DEED made the day of , 20 , by THE CITY OF WINTER SPRINGS, FLORIDA, a municipal corporation whose address is 1126 East State Road 434, Winter Springs, Florida 32708, hereinafter called the Grantor and MILLER CONSTRUCTION SERVICES, L.L.C., a Florida limited liability company, whose. address is 8241 Via Bonita Street, Sanford, Florida 32771, hereinafter called the Grantee. WITNESSETH: THAT THE GRANTOR, for and in consideration of the sum of $1.00, and other valuable considerations, receipt whereof is hereby acknowledged, hereby remises, releases and quitclaims unto the Grantee all the right, title, interest, claim and demand which Grantor has in and to the following described piece or parcel of land situate in Seminole County, Florida, to wit: LOT 5, FRUITWOOD LAKE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 73, PAGES 94 THROUGH 101, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, F /K/A LOT 47, BLOCK J, FOXMOOR UNIT 2, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 19, PAGES 72 AND 73, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA. TO HAVE AND TO HOLD, the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said Grantor, either in law or equity, to the only proper use, benefit and behoof of the said Grantee. THIS QUIT CLAIM DEED was requested by Grantee to satisfy a requirement from Grantee's title company. 4_ f ' IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the CITY OF WINTER SPRINGS, Florida, a presence of the following witnesses: Florida Municipal Corporation By: Signature of Witness Charles Lacey, Mayor Printed Name of Witness Signature of Witness - ._ Printed Name of Witness STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of , 20 , by , as Mayor of the City of Winter Springs, Florida, a Florida municipal corporation, on behalf of the corporation. He is personally known to me or produced a Florida Driver's License as identification. My commission expires: Printed Name: Notary Public, State of Florida at Large