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HomeMy WebLinkAbout_2008 06 09 City Commission Regular MinutesCITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING JUNE 9, 2008 CALL TO ORDER The Regular Meeting of Monday, June 9, 2008 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 Donald A. Gilmore, present Commissioner Robert S. Miller, present via telephone Commissioner Rick Brown, present Commissioner Sally McGinnis, arrived at 5:41 p.m. Commissioner Joanne M. Krebs, present City Manager Ronald W. McLemore, present City Attorney Anthony A. Garganese, arrived at 5:16 p.m. A moment of silence was followed by the Pledge of Allegiance City Attorney Anthony A. Garganese arrived at 5:16 p. m. Discussion ensued on Regular Agenda Item "604". "I MAKE A MOTION THAT WE PULL `604' FROM THE AGENDA UNTIL THE FOLLOWING MEETING." MOTION BY DEPUTY MAYOR GILMORE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. "MAY I AMEND MY MOTION TO EXCLUDE THOSE THAT ARE EXCLUSIVE FOR A COMMISSIONER - THEY CAN MAKE THOSE APPOINTMENTS. I AM TALKING THOSE THAT CAN BE MADE BY ANY COMMISSIONER OR THE MAYOR." AMENDMENT TO THE MOTION BY DEPUTY MAYOR GILMORE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. C[TY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JUNE 9, 2008 PAGE 2 OF 25 VOTE: (ON THE AMENDMENT DEPUTY MAYOR GILMORE: AYE COMMISSIONER BROWN: NAY COMMISSIONER MILLER: AYE COMMISSIONER KREBS: NAY MAYOR BUSH: NAY MOTION DID NOT CARRY. VOTE: (ON THE MAIN MOTION) COMMISSIONER MILLER: NAY DEPUTY MAYOR GILMORE: AYE COMMISSIONER KREBS: NAY COMMISSIONER BROWN: NAY MOTION DID NOT CARRY. INFORMATIONAL AGENDA "MOTION FOR APPROVAL." MOTION BY DEPUTY MAYOR GILMORE. DISCUSSION. MOTION DIED FOR LACK OF A SECOND. • • AGENDA NOTE: THE FOLLOWING INFORMATIONAL AGENDA ITEMS WERE DISCUSSED NEXT, AND ANOTHER MOTION TO APPROVE WAS HELD, AS DOCUMENTED. • • INFORMATIONAL AGENDA INFORMATIONAL 100. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Proiects. Discussion ensued on item (25) related to Bart Phillips' property. Mayor Bush asked about item (I1) and the reference to "Shape Xpress", and noted this business was no longer in the Town Center. Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department stated, "We will update that." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JUNE 9, 2008 PAGE 3 OF 25 INFORMATIONAL 101. Not Used. INFORMATIONAL 102. Utility Department Providing The City Commission With A Copy Of The Consumer Confidence Report That Will Be Sent To All Residents. This Agenda Item was not discussed. INFORMATIONAL 103. Public Works Department -Stormwater Division Providing The City Commission Information Regarding Stormwater Utility Rates In Seminole County And The City's Stormwater Management Activities. Discussion ensued with Mr. Brian Fields, P.E., City Engineer, Public Works Department. Deputy Mayor Donald A. Gilmore commented on the plantings in retention ponds and whether a homeowner is consulted when a pond is in their back yard; and suggested that a Policy for this be implemented. Commissioner Joanne M. Krebs stated, "We actually had a meeting with the whole community and Brian (Fields) presented it and did a really fantastic job, as a matter of fact." Further discussion. INFORMATIONAL 104. Public Works Department Providing The City Commission Information Regarding Seminole County's Plans To Construct Sidewalks Along The County's Portion Of Dyson Drive From Tuscawilla Road To The Howell Creek Bridge. There was no discussion on this Agenda Item. "MOTION TO APPROVE" (INFORMATIONAL AGENDA). MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JUNE 9, 2008 PAGE 4 OF 25 VOTE: COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. CONSENT AGENDA CONSENT 200. Information Services Department Requests Authorization To Dispose Of Surplus Assets According To The Attached Disposition Sheets. No discussion. CONSENT 201. Community Development Department -Arbor Division Recommends The City Commission Consider The Request Of Phillip And Janet McKnight Of 120 Bombay Avenue To Have A Live Oak Tree Which Is Located On Their Private Property Designated As A Historic Tree. Brief discussion. CONSENT 202. Parks And Recreation Department Requesting City Commission Approval To Accept Checks From The Senior Resource Fair And "Blast Out Of The Past" Events Conducted At The Winter Springs Senior Center. There was no discussion on this Agenda Item. CONSENT 203. Office Of The Mayor Requesting Approval Of Resolution Number 2008-30 Expressing Appreciation To Damon Basco For His Service On The Board Of Trustees. This Agenda Item was not discussed. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JUNE 9, 2008 PAGE 5 OF 25 CONSENT 204. Office Of The Mayor Requesting Approval Of Resolution Number 2008-26 Expressing Appreciation To Leo Marion For His Service On The Oak Forest Wall And Beautification District Advisory Committee. No discussion. CONSENT 205. Office Of The Mayor And Office Of The City Manager And Office Of The Public Works Department Director Request That The City Commission Approve Resolution Number 2008-31 Recognizing The Retirement Of Public Works Department Employee Mary Anne Willett. There was no discussion on this Agenda Item. • • AGENDA NOTE: CONSENT AGENDA ITEMS "206" AND "207" WERE DISCUSSED SIMULTANEOUSLY, FOLLOWED BY THE REMAINING CONSENT AGENDA ITEMS. • • CONSENT AGENDA CONSENT 206. Public Works Department Requesting Authorization To Enter Into A Contractual Agreement With Pegasus Engineering To Provide Professional Engineering Services For Roadway Improvements To Wade Street And S.R. (State Road) 419, Piggybacking Off A Contract With The City Of Winter Garden. Discussion ensued. CONSENT 207. Public Works Department Requesting Authorization To Hire Fausnight Stripe & Line, Inc. To Install Temporary And Permanent Striping On Winter Springs Boulevard, Northern Way, And Vistawilla Drive, By Piggybacking Off Seminole County Contract #IFB-3049- 02/GMG. Further discussion followed on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JUNE 9, 2008 PAGE 6 OF 25 CONSENT 208. Public Works Department Requesting Authorization To Hire McLane Excavating Company To Perform Pond Dredging And Restoration Activities At Lake Willa, Piggybacking Off Seminole Countv Contract #RFP-600103-06/TLR. This Agenda Item was not discussed. CONSENT 209. Public Works Department - Stormwater Division Requests Approval To Execute Amendment Number 2 For A Time Extension To The Project Agreement With The Natural Resources Conservation Service (NRCS) For The Gee Creek Bank Stabilization Project. No discussion. CONSENT 210. Office Of The City Clerk Requesting Approval Of The May 8, 2008 Public Meeting With City Staff On The Budget Minutes. There was no discussion on this Agenda Item. CONSENT 211. Office Of The City Clerk Requesting Approval Of The May 12, 2008 City Commission Workshop Minutes. This Agenda Item was not discussed. CONSENT 212. Office Of The City Clerk Requesting Approval Of The May 12, 2008 City Commission Regular Meeting Minutes. No discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JUNE 9, 2008 PAGE 7 OF 25 CONSENT 213. Office Of The City Clerk Requesting Approval Of The May 21, 2008 City Commission And The Seminole County Board Of County Commissioners Workshop Minutes. There was no discussion on this Agenda Item. CONSENT 214. Office Of The City Clerk Requesting Approval Of The May 21, 2008 City Commission Special Meeting Minutes. This Agenda Item was not discussed. CONSENT 215. Office Of The City Clerk Requesting Approval Of The May 27, 2008 City Commission Special Meeting Minutes. No discussion. CONSENT 216. Police Department Requests The Commission To Give Approval For The Build Out And Purchase Of Audio Visual Equipment For The Mark A. Messeguer Community Service Center, Vistawilla Office Center. There was no discussion on this Agenda Item. "MOVE FOR APPROVAL" (CONSENT AGENDA). MOTION BY DEPUTY MAYOR GILMORE. SECONDED BY COMMISSIONER KREBS. DISCUSSION. CITY CLERK ANDREA LORENZO-LUACES INQUIRED, "WOULD THIS MOTION INCLUDE THE REVISED RESOLUTION [2008-31] THAT WAS NOTED IN YOUR RED FOLDER?" COMMISSIONER BROWN STATED, "YES." DEPUTY MAYOR GILMORE ADDED, "YES." NO OBJECTIONS WERE VOICED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JUNE 9, 2008 PAGE 8 OF 25 VOTE: DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. • • AGENDA NOTE: THE FOLLOWING AWARDS AND PRESENTATIONS "302" WAS DISCUSSED NEXT, AS DOCUMENTED. • • AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 302. Office Of The Mayor And Office Of The City Manager Presentation By Seminole County Commissioner Michael McLean To Discuss The SeminoleWav Prolrram. Commissioner Mike McLean, Seminole County, 1101 East First Street, Sanford, Florida: addressed the City Commission. Commissioner Sally McGinnis arrived at 5:41 p. m. • • AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM "601" WAS DISCUSSED NEXT, AS DOCUMENTED. • • REGULAR AGENDA REGULAR 601. Office Of The Mayor Requesting The City Commission To Approve A General Fund Supplemental Appropriation Of $8,350.00 To Fund A Strategic Economic Development Plan For The SeminoleWay Program. Brief discussion. "I WOULD LIKE TO MAKE A MOTION FOR APPROVAL." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JUNE 9, 2008 PAGE 9 OF 25 VOTE: COMMISSIONER BROWN: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. •• AGENDA NOTE: THE FOLLOWING REMAINING AWARDS AND PRESENTATIONS WERE DISCUSSED NEXT, IN THE ORDER AS DOCUMENTED. • • AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Office Of The Mayor Presentation Of Resolution Number 2008-20 Expressing Appreciation To Tom Brown For His Service As A Member Of The City Of Winter Springs Planning And Zoning Board/Local Planning Agency. Mayor Bush presented Resolution Number 2008-20 in honor of former Planning and Zoning Board/Local Planning Agency Member Tom Brown. Discussion. AWARDS AND PRESENTATIONS 301. Office Of The Mayor And Office Of The City Manager And Office Of The Public Works Department Director Presentation Of Resolution Number 2008-31 Recognizing Mary Anne Willett For Her 24 Years Of Dedicated Service As An Employee Of the City Of Winter Springs; And Expressing Our Appreciation On Behalf Of The Citizens Of The City Of Winter Springs. Mayor Bush read Resolution Number 2008-31 in honor of Mary Anne Willett. Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JUNE 9, 2008 PAGE 10 OF 25 • • AGENDA NOTE: THE FOLLOWING REPORTS WERE DISCUSSED NEXT, IN THE ORDER AS DOCUMENTED, FOLLOWED BY THE REST OF THE AGENDA. • • REPORTS REPORTS 400. Office Of The City Attorney -Anthony A. Garganese, Esquire No Report. REPORTS 401. Office Of The City Manager -Ronald W. McLemore City Manager Ronald W. McLemore said, "Traditionally, we have set your Budget delivery -your preliminary Budget for the first Meeting in July. That Meeting this year, I believe will be the 14t" [July 2008] and I just want to make sure that everybody is still okay with that?" Commissioner Rick Brown stated, "Fine with me." Commissioner Krebs said, "I am fine." Commissioner McGinnis noted, "So far." REPORTS 402. Office Of The City Clerk -Andrea Lorenzo-Luaces, CMC No Report. REPORTS 403. Commission Seat One -Robert S. Miller No Report. REPORTS 405. Commission Seat Three/Deputy Mayor -Donald A. Gilmore Deputy Mayor Gilmore commented on the representatives of the City who attended this morning's Funeral for former City Commissioner Art Hoffman. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JUNE 9, 2008 PAGE 11 OF 25 REPORTS 406. Commission Seat Four -Sally McGinnis Commissioner McGinnis noted that Lori Anne Lane was looking good and suggested that Mr. Stevenson check into this. REPORTS 407. Commission Seat Five -Joanne M. Krebs Commissioner Krebs commented on an email from a resident who lives in the Heritage Park community about parking issues associated with Special Events and a broken gate. Discussion followed with Chief of Police Daniel J. Kerr who said, "We will check it out." Commissioner Krebs then recommended that a special sign noting "Private Parking for Heritage Park residents" be posted when needed. Next, Commissioner Krebs asked if "No parking in yards" was being enforced. Chief Kerr stated, "Yes." Commissioner Krebs added, "So - if residents really want to complain, they should not call me, they should call you?" Chief Kerr remarked, "Correct." With further discussion on a particular resident who does not comply, Commissioner Brown said to Chief Kerr, "I will follow up with you." REPORTS 404. Commission Seat Two -Rick Brown Commissioner Brown mentioned his upcoming schedule. REPORTS 408. Office Of The Mayor -John F. Bush No Report. PUBLIC INPUT Mr. Jeff McCall, Fire Department: spoke on the proposed Consolidation; Budget issues; manpower levels; Seminole County; and Pension concerns. Tape 1/Side B CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JUNE 9, 2008 PAGE 12 OF 25 Ms. Pamela Carroll, 865 Dyson Drive, Winter Springs, Florida: as the President of the Tuscawilla Homeowner's Association, Ms. Carroll spoke about using the median of Winter Springs Boulevard for a flag pole and referenced a letter dated January 12, 2007. Ms. Carroll also said they planned to send out a survey to the Tuscawilla residents on this matter. Discussion. Commissioner McGinnis asked Ms. Carroll, "Would it be there all the time or on special occasions?" Mr. Carroll responded, "It would be there permanently." "I WOULD LIKE TO MAKE A MOTION THIS COME BACK AS AN AGENDA ITEM." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE MOTION CARRIED. Mayor Bush said to Ms. Carroll, "You need to work with the Manager on getting that item prepared. Get it at the next Meeting?" Manager McLemore said, "Sure." Mr. Edward Martinez, Jr., 205 Little Creek Lane, Winter Springs, Florida: commented on political issues; Votes; civic issues; and the Fourth of July festivities. Mr. Mike Jones, 560 Dunmar Circle, Winter Springs, Florida: spoke on a Permit that was submitted to the City on or about October 30, 2007 for a stockade fence for resident Lon Miller and asked about the status. In related discussion, Mayor Bush inquired, "Is this something that should be an Agenda Item?" Manager McLemore said, "Absolutely." Continuing, Manager McLemore stated, "We will review that and give you an answer." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JUNE 9, 2008 PAGE 13 OF 25 Mayor Bush recommended, "Let us put this on the Agenda so it is an Agenda Item." Commissioner Robert S. Miller said, "I think we probably need to have this revisited at the next Meeting or the Meeting after, as soon as possible." Commissioner Brown inquired, "Can you commit to having something back to Mr. Jones by Wednesday?" Manager McLemore responded by saying, "I will certainly try." Mr. Jones remarked, "Within a week?" Manager McLemore stated, "Yes." Furthermore, Commissioner McGinnis suggested that any documents given to the City are dated. Commissioner Krebs stated, "I wanted to ask if you needed a Motion to direct the City Manager to have it back by Wednesday or..." "...SO MOVED." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. MAYOR BUSH SUMMARIZED THE MOTION THAT, "BY WEDNESDAY, THE MANAGER WILL HAVE RESPONDED TO MR. JONES' QUESTION CONCERNING THE PERMIT." VOTE: COMMISSIONER BROWN: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Tape 2/Side A Mayor Bush called a Recess at 6:21 p. m. The Meeting was called back to Order at 6: 29 p. m. •• AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM "602" WAS DISCUSSED NEXT, FOLLOWED BY THE REST OF THE AGENDA. • • CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JUNE 9, 2008 PAGE 14 OF 25 REGULAR AGENDA REGULAR 602. Rotary Club Of Winter Springs Requesting The City To Consider Approving An Increase In Its Partnership Participation For Construction Of The Winter Springs Veterans Memorial $20,000.00, From $50,000.00 To $70,000.00 To Match An Additional Increase In Participation From The Rotary Club To Complete The Memorial. Mr. Bill Starmer, Starmer Ranaldi Planning and Architecture, Inc., 820 West Broadway Street, Suite 3000, Oviedo, Florida: spoke on this Agenda Item. Discussion. Manager McLemore was asked about the funding source and stated, "It comes from the [ 19] `99 Construction Fund - [ 19] `99 Bond Fund -that Bond Fund was set up to do certain things and most of it has to do with the Town Center, a big portion of it and this is trying to complete the set of projects that was in that -Bond Fund." Discussion. Commissioner Miller suggested that "I am picturing some kind of opportunity where folks could put something into the pavement which would memorialize." Continuing, Commissioner Miller noted that this was "Probably the way that we could be able to fund - the way that City would be able to fund it's maintenance over the long term. So, that for me is one alternative where we might be able to work out something." Mr. Jim Moriarity, 1376 White Oak Drive, Winter Springs, Florida: addressed the City Commission. Further discussion. Manager McLemore suggested, "What I would hope to do is go ahead and fund this thing and ask Rotary to come up with a Plan by which they could provide the maintenance for it over five years, or something like that." "MOVE FOR APPROVAL." MOTION BY COMMISSIONER McGINNIS. SECONDED BY DEPUTY MAYOR GILMORE. DISCUSSION. MAYOR BUSH ADDED, "MOTION TO APPROVE THE AGENDA ITEM WHICH WOULD BE THE ADDITIONAL TWENTY THOUSAND DOLLARS ($20,000.00)." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JUNE 9, 2008 PAGE 15 OF 25 COMMISSIONER KREBS INQUIRED, "WOULD THAT INCLUDE WHAT MANAGER McLEMORE SUGGESTED TO THE FIVE (5) YEAR MAINTENANCE - TO MORE OR LESS, REPLACE THAT TWENTY THOUSAND DOLLARS ($20,000.00)?" MANAGER McLEMORE EXPLAINED, "I DIDN'T WANT TO MAKE IT DOLLAR FOR DOLLAR -SOMETHING THAT SHOWS THEIR CONTINUING INTEREST IN WILLING TO PARTICIPATE." "I AMEND THE MOTION TO INCLUDE THAT." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. MAYOR BUSH SUMMARIZED THE AMENDMENT AS THE "MANAGER WILL WORK WITH THE ROTARY CLUB TO COME UP WITH A FIVE (5) YEAR..." COMMISSIONER KREBS NOTED, "...OFFSET..." MAYOR BUSH CONTINUED, "...OFFSETTING THE COST OF THE MAINTENANCE." MAYOR BUSH SAID TO MANAGER McLEMORE, "DO YOU WANT TO STATE IT -BECAUSE THAT IS REALLY -THE AMENDMENT WAS TO BACK UP WHAT YOU SAID." MANAGER McLEMORE STATED, "WHAT I SAID WAS, I'D HOPE THE COMMISSION WOULD GO AHEAD AND FUND GETTING IT CONSTRUCTED AND ALLOW ROTARY TO COME BACK - BRING BACK A PROPOSAL TO PROVIDE MAINTENANCE OVER A PERIOD OF TIME THAT WOULD BE ENOUGH GOOD WILL GESTURE TO YOU TO ALLOW IT TO GO FORWARD. NOW, I SUGGESTED FIVE (5) YEARS, IT COULD BE - IF YOU WANT TO BENCHMARK IT AT FIVE (5) YEARS, BENCHMARK IT AT FIVE (5) YEARS." VOTE: (ON THE AMENDMENT) COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: NAY DEPUTY MAYOR GILMORE: NAY MOTION CARRIED. VOTE: (ON THE MAIN MOTION, AS AMENDED) COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JUNE 9, 2008 PAGE 16 OF 25 Mr. Starmer stated, "In terms of the maintenance, I don't think that is going to be an issue. We have talked about it. We have planned for it. We hope to initially set enough money aside that we can pay for the maintenance out of the interest on that account." Commissioner Krebs spoke of Commissioner Miller's brick suggestion and said, "We will bring it back Bob [Miller]." PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Not Used. PUBLIC HEARINGS 501. Not Used. PUBLIC HEARINGS 502. Community Development Department -Planning Division Requests The City Commission Approve Second Reading And Adoption Of Ordinance Number 2008-05, A Text Amendment To The Code Of Ordinances That Would Allow Detached Garages And Other Accessory Structures, Subject To Conditions. Attorney Garganese read the Ordinance by "Title" only. Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. Discussion followed with Ms. Eloise Sahlstrom, AICP, ASLA, Senior Planner, Community Development Department and Mr. Stevenson on structures and the Compatibility Ordinance. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JUNE 9, 2008 PAGE 17 OF 25 Deputy Mayor Gilmore spoke of his concern with people being able to build kitchens in garages. Mr. John Baker AICP, Senior Planner, Community Development Department stated, "When we get a request for some sort of an addition, and they want to have a bathroom and a kitchen; we say, you can't have the kitchen. You can have a toilet, but you can't have complete living facilities." Deputy Mayor Gilmore asked, "Is that in this Ordinance?" Mr. Baker explained, "No -but we already prohibit that." Continuing, Mr. Baker added, "By our action based on how many dwelling units you are going to have in a structure on a piece of property. We have been doing that for years." Deputy Mayor Gilmore suggested he would like that written in an Ordinance. Manager McLemore suggested that "The language be amended where it would not allow a kitchen." Attorney Garganese noted the exception, "Private garages may be used as living quarters or office space where permitted by this Code. That's where we started this whole point. It is allowed in two (2) other places in the City -which implies, nowhere else." Mr. Stevenson added, "It is allowed by Code in the `R-3' and the `Town Center'." Attorney Garganese then recommended, "We could put another sentence in there -saying that living quarters are prohibited everywhere else -and qualify it." Further discussion. Tape 2/Side B Attorney Garganese said, "One alternative would be -Amend the reference to this Code to specifically reference the Zoning District categories where this is allowed." Deputy Mayor Gilmore noted that he would ask that this be done. Attorney Garganese continued, "We would put the `Town Center' and - `R-3'." Furthermore, Attorney Garganese noted, "You can accept Second and Final Reading with the changes." "MOTION TO ACCEPT -ITEM `502', WITH THE CHANGES." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. ATTORNEY GARGANESE THEN SAID, "WE'RE JUST GOING TO ADD A CROSS REFERENCE TO EXISTING CODE PROVISIONS." COMMISSIONER MILLER NOTED, "THIS DOESN'T NECESSITATE ANOTHER READING -OKAY." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JUNE 9, 2008 PAGE 18 OF 25 VOTE: COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. PUBLIC HEARINGS 503. Community Development Department Requests The City Commission Approve The Second Reading And Adoption Of Ordinance Number 2008-06, A Text Amendment To The Code Of Ordinances That Would Modify The Existing Front Yard Fence Height Limitations Set Forth In Section 6-190. Of The City Code To Allow Fences Up To 4'-6" In Areas Of The City That Allow Horses, Ponies, And Commercial Riding Stables As Permitted Uses. 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. Attorney Garganese read Ordinance 2008-06 by "Title" only. Mayor Bush again 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 McGINNIS. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JUNE 9, 2008 PAGE 19 OF 25 •S • AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM `600' WAS DISCUSSED NEXT, AND LATER IN THE MEETING, AS SHOWN ON PAGE 24 OF THESE MINUTES. THE REST OF THE AGENDA FOLLOWS. .;..;. REGULAR AGENDA REGULAR 600. Community Development Department -Arbor Division Recommends The City Commission Consider The Second Request Of Joey Walters Of 775 South Edgemon Avenue To Remove One (1) Specimen Live Oak Tree Located In The Front Yard Of His Residence. Attorney Garganese remarked, "The item sets forth a statement that this decision has already been made on February 25, 2008. So, that decision is final. Unless the City Commission determines that there are changed circumstances, I would recommend that you just rely on that previous decision of February 25th, 2008." "SO MOVED." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE BRIEF DISCUSSION. COMMISSIONER KREBS: NAY DEPUTY MAYOR GILMORE: NAY MOTION CARRIED. REGULAR 603. Office Of The City Clerk Respectfully Requests That Commissioner Joanne M. Krebs Make An Appointment To The Board Of Trustees To Fill The Seat Previously Held By Damon Basco. "I WOULD LIKE TO APPOINT MARIA FAIR TO THE BOARD OF TRUSTEES." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JUNE 9, 2008 PAGE 20 OF 25 VOTE: COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. REGULAR 604. Office Of The City Clerk Requests That Mayor John F. Bush And/Or Members Of The City Commission (Depending On The Applicable Advisory Boards And Committees) Make Appointments/Reappointments Related To The Terms Of Office Which Will Be Expiring In July 2008 -Specifically Regarding Members Of The Beautification Of Winter Springs Board; The Code Enforcement Board; And For The Terms Of Office Which Will Be Expiring In August 2008 -Specifically Regarding Members Of The Oak Forest Wall And Beautification District Advisory Committee. City Clerk Lorenzo-Luaces explained that the current Board Members who are listed in your Agenda Item, there are a few that have not yet responded. If it is your wish, I will be glad to try to get in touch with them further. The latest contact I have had with them is a Certified Mail letter, but I have not yet heard from a few." Commissioner McGinnis suggested, "I would say you have made your best effort." Commissioner McGinnis added, "You have done what you are supposed to do. I think we need to move on with it. I take a `No response' as `No interest'." Regarding Deputy Mayor Gilmore's Appointment(s), Deputy Mayor Gilmore asked, "Bring it back." Commissioner Miller also said, "Next Meeting." "I WOULD LIKE TO RE-APPOINT JUDY CONVERSO" TO THE OAK FOREST WALL AND BEAUTIFICATION DISTRICT ADVISORY COMMITTEE. MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JUNE 9, 2008 PAGE 21 OF 25 Mayor Bush stated, "Code Enforcement - I will recommend Leah Weisman." "MOTION TO - RE-APPOINT LEAH WEISMAN." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. With discussion, it was noted that Ms. Sherri P. Moore did not want to be Reappointed to the Code Enforcement Board. FOR THE CODE ENFORCEMENT BOARD, "THEN I WOULD RECOMMEND THAT DALE (KIRBY] MOVE TO A PERMANENT" [POSITION ON THE CODE ENFORCEMENT BOARD]. MOTION BY COMMISSIONER KREBS. MAYOR BUSH COMMENTED, "SECONDED BY COMMISSIONER BROWN." DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER BROWN: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. ~~I DO HAVE A NEW PERSON THAT I WOULD LIKE TO NOMINATE TO THE CODE [ENFORCEMENT] BOARD AND THAT WOULD BE CAROLE GILTZ". MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. CITY CLERK LORENZO-LUACES INQUIRED, "THAT IS FOR ALTERNATE NUMBER 1?" COMMISSIONER KREBS STATED, "ALTERNATE NUMBER 1." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JUNE 9, 2008 PAGE 22 OF 25 VOTE: COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. City Clerk Lorenzo-Luaces asked, "Just for clarification, in the past you did not want this complete Agenda Item to come back. Is that your wish? Just the very basics?" City Clerk Lorenzo-Luaces added, "I meant the additional information -all this." There were no objections to this noted. REGULAR 605. Office Of The City Clerk Requesting The City Commission Consider The Information In This Agenda Item Relative To The City Commission's Interest In Recognizing The City's Volunteers Who Serve As Board And Committee Members. City Clerk Lorenzo-Luaces briefly introduced this Agenda Item for discussion. Commissioner McGinnis suggested, "I love the last one -the Brunch. It is cost effective - we do it on a weekend." Commissioner Krebs added, "I like that idea." Additionally, Commissioner Krebs suggested it be held at the Senior Center. Mayor Bush added, "I think if you are going to have it, it needs to be in the Senior Center." Commissioner McGinnis then said, "I like having it at City Hall. I think that is appropriate." Discussion followed on whether spouses and Staff should be included? Mayor Bush suggested that the City Commission "Approve a Brunch and then let Andrea (Lorenzo-Luaces) and Staff work on where to locate this in an appropriate place." Commissioner McGinnis and Deputy Mayor Gilmore stated, "That is good." "I MOVE THAT WE APPROVE TO HAVE A BRUNCH FOR OUR VOLUNTEERS AND LEAVE THE DETAILS ON THE LOCATION AND TO WORK OUT THE LOGISTICS, TO STAFF." MOTION BY COMMISSIONER McGINNIS. SECONDED BY DEPUTY MAYOR GILMORE. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JUNE 9, 2008 PAGE 23 OF 25 MAYOR BUSH SUMMARIZED, "THE MOTION WOULD BE TO ASK ANDREA (LORENZO-LUACES) TO -FIND AN APPROPRIATE LOCATION AND MENU AND SUCH, AND THEN BRING IT BACK TO THE COMMISSION FOR APPROVAL FOR THE FOOD -MONEY TO PAY FOR IT." CITY CLERK LORENZO-LUACES NOTED, "IF YOU WOULD LIKE, I COULD BRING YOU BACK THE PRICES TO HAVE THE SPOUSES OR JUST YOUR ADVISORY BOARD MEMBERS; AND LET YOU KNOW WHAT WOULD BE INCLUDED IN THE PRICE. I WILL ALSO CHECK OUT DATES OF AVAILABILITY FOR THE SENIOR CENTER - IS THAT WHAT YOU ARE - MOST INTERESTED IN -AND BRING THOSE BACK FOR YOUR APPROVAL AT THE NEXT MEETING?" MAYOR BUSH SAID, "OKAY." COMMISSIONER KREBS NOTED, "PERFECT." VOTE: COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. In other City business, Mayor Bush spoke of Monthly Reports and being a waste of paper and suggested they be instead "Scanned and made into PDF files and emailed, and if someone has got to have a hard copy, they can print one out." Commissioner McGinnis added, "I agree." Mayor Bush then noted, "It is like these little things that we get, they call them `Agendas', but basically it says that there is going to be a Meeting, you are going to be there -does that have to be in everybody's box Andrea (Lorenzo-Luaces)?" With further brief comments, Mayor Bush stated, "Those people that don't read their emails, then can ask for a hard copy. But to do one for everybody just because one (1) or two (2) don't read emails, I think is wasteful." City Clerk Lorenzo-Luaces noted, "That is fine. Whatever your direction is - so, from now on, only email you all the Agendas." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JUNE 9, 2008 PAGE 24 OF 25 "I WOULD LIKE TO MAKE A MOTION THAT WE ONLY DO WHAT THE MAYOR SAID, AND THAT WE LIMIT THE AMOUNT OF PAPER COMING TO THE COMMISSION AS MUCH AS POSSIBLE -AND ANY STRINGENT FORMAT THAT CAN BE DONE ELECTRONICALLY, ITHINK SHOULD." MOTION BY COMMISSIONER BROWN. MAYOR BUSH ADDED, "AND, ANY COMMISSIONER CAN ASK FOR A HARD COPY." COMMISSIONER KREBS ADDED, "SURE." SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE MOTION CARRIED. • • AGENDA NOTE: REGULAR AGENDA ITEM `600' WAS DISCUSSED AGAIN, IN ADDITION TO WHAT WAS PREVIOUSLY NOTED ON PAGE 19 OF THESE MINUTES. • • REGULAR AGENDA REGULAR 600. Community Development Department -Arbor Division Recommends The City Commission Consider The Second Request Of Joey Walters Of 775 South Edgemon Avenue To Remove One (1) Specimen Live Oak Tree Located In The Front Yard Of His Residence. With further discussion on this Agenda Item, Attorney Garganese remarked for the Record that, "The Applicant wasn't requesting to take the tree down. He has several options that he is going to be working with Staff on -fix his driveway and save the tree. So -there were no changed circumstances that warranted the City Commission's consideration." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -JUNE 9, 2008 PAGE 25 OF 25 ADJOURNMENT Mayor Bush adjourned the Regular Meeting at 7:40 p.m. RESPECTFULLY SUBMITTED: LUACES, CMC CITY CLERK APPROVED: ~~ MAY JOIN F. BUSH NOTE: These Minutes were approved at the June 23, 2008 Regular City Commission Meeting.