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HomeMy WebLinkAbout2010 03 08 Consent 202 Requesting Approval of the City Commission Regular Meeting Minutes of February 22, 2010 CITY OF WINTER SPRINGS, FLORIDA rara 0TL s O 1 V Incorp 1959 CITY COMMISSION MINUTES REGULAR MEETING MONDAY, FEBRUARY 22, 2010 - 5:15 P.M. CITY HALL — COMMISSION CHAMBERS 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA Mayor John F. Bush Commissioner Jean Hovey - Seat One Deputy Mayor Rick Brown - Seat Two Commissioner Gary Bonner - Seat Three Commissioner Sally McGinnis Seat Four Commissioner Joanne M. Krebs - Seat Five CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 22, 2010 PAGE 2 OF 26 CALL TO ORDER The Regular Meeting of Monday, February 22, 2010 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 Rick Brown, present Commissioner Jean Hovey, present Commissioner Gary Bonner, arrived at 5:17 p.m. Commissioner Sally McGinnis, present elemn Commissioner Joanne M. Krebs, present City Manager Kevin L. Smith, present City Attorney Anthony A. Garganese, arrived at 5:17 p.m. Under Agenda Changes, Mayor Bush explained that Awards and Presentations "300" has been moved to the March 8 2010 Meeting. City Manager Kevin L. Smith and Mayor Bush noted that the Oviedo- Winter Springs Regional Chamber of Commerce had requested this change. INFORMATIONAL AGENDA INFORMATIONAL 100. Community Development Department REQUEST: Advising The City Commission Of The Status Of Various Current Planning Projects. FISCAL IMPACT: There Is No Fiscal Impact Associated With This Agenda Item. COMMUNICATION EFFORTS: No Communication Efforts Beyond The Advertising Of The Commission Agenda Are Necessary In Conjunction With This Agenda Item. RECOMMENDATION: The City Commission Is Being Asked To Review And Accept The Information In This Agenda Item. This Agenda Item was not specifically discussed. INFORMATIONAL 101. Office Of The City Manager REQUEST: Transmitting the City's Fiscal Year 2010 1 Quarter Financial Report. FISCAL IMPACT: N/A COMMUNICATION EFFORTS: None. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 22, 2010 PAGE 3 OF 26 RECOMMENDATION: It Is Recommended That The City Commission Receive The Attached Financial Report. raFia No discussion was noted related to this Agenda Item. Mime INFORMATIONAL 102. Office Of The City Manager osetil REQUEST: Providing The Investment Report For The First Quarter FY (Fiscal Year) 2010 (End' December 31, 2009) As Prepared By PFM Asset Management LLC. FISCAL IMPACT: The $17,500.00 Annual Fee Charged By PFM (Asset Management LLC) Is A Budgeted Expense In The FY (Fiscal Year) 2010 Finance General Budget. The Weighted Average Yield At December 31, 2009 Is 0.67 %. COMMUNICATION EFFORTS: None RECOMMENDATION: It Is Recommended That The City Commission Receive The Attached Investment Report. There was no particular discussion on this Agenda Item. "MOTION TO APPROVE" (INFORMATIONAL AGENDA). MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BROWN: AYE MOTION CARRIED. CONSENT AGENDA CONSENT 200. Office Of The City Manager REQUEST: Requesting That The City Commission Approve The FY (Fiscal Year) 2011 Budget Calendar. FISCAL IMPACT: N/A COMMUNICATIONS EFFORTS: The 2011 Budget Calendar Will Be Posted To The Website Within A Week Of Approval. RECOMMENDATION: City Manager Recommends That The City Commission Approve The FY (Fiscal Year) 2011 Budget Calendar. No discussion was noted related to this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 22, 2010 PAGE 4 OF 26 CONSENT 201. Office Of The City Clerk REQUEST: Requesting The City Commission Approve The February 1, 2010 City Commission Worksho Minutes. FISCAL IMPACT: There Is No Specific Fiscal Impact To This Agenda Item. COMMUNICATION EFFORTS: These Minutes Have Been Distributed To The Mayor And Ci Commission, City Manager, City Attorney, And Department Directors; Placed In Press Packets; Placed , The Lobby Binder; And Are Available On The City's Website, LaserFiche, And The City's Server. RECOMMENDATION: The City Commission Is Respectfully Requested To Approve The February M 2010 City Commission Workshop Minutes. This Agenda Item was not specifically discussed. CONSENT 202. Office Of The City Clerk REQUEST: Requesting The City Commission Approve The February 8, 2010 City Commission Regular Meeting Minutes. FISCAL IMPACT: There Is No Specific Fiscal Impact To This Agenda Item. COMMUNICATION EFFORTS: These Minutes Have Been Distributed To The Mayor And City Commission, City Manager, City Attorney, And Department Directors; Placed In Press Packets; Placed In The Lobby Binder; And Are Available On The City's Website, LaserFiche, And The City's Server. RECOMMENDATION: The City Commission Is Respectfully Requested To Approve The February 8, 2010 City Commission Regular Meeting Minutes. No discussion was noted related to this Agenda Item. CONSENT 203. Office Of The City Clerk REQUEST: Requesting The City Commission Approve The February 11, 2010 City Commission Special Meeting Minutes. FISCAL IMPACT: There Is No Specific Fiscal Impact To This Agenda Item. COMMUNICATION EFFORTS: These Minutes Have Been Distributed To The Mayor And City Commission, City Manager, City Attorney, And Department Directors; Placed In Press Packets; Placed In The Lobby Binder; And Are Available On The City's Website, LaserFiche, And The City's Server. RECOMMENDATION: The City Commission Is Respectfully Requested To Approve The February 11, 2010 City Commission Special Meeting Minutes. There was no particular discussion on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 22, 2010 PAGE 5 OF 26 "MOTION TO APPROVE" (CONSENT AGENDA). MOTION BY COMMISSIONER McGINNIS. SECONDED BY DEPUTY MAYOR BROWN. DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Office Of The City Manager REQUEST: Requesting The City Commission Hear A Presentation From The Oviedo — Winter Springs Regional Chamber Of Commerce. As noted earlier in the Meeting, this Agenda Item has been moved to the March 8 2010 City Commission Regular Meeting, as requested by a representative of the Oviedo - Winter Springs Regional Chamber of Commerce. ❖ ❖ AGENDA NOTE: THE FOLLOWING REPORTS WERE PRESENTED IN TILE ORDER DOCUMENTED. • • REPORTS REPORTS 401. Office Of The City Manager — Kevin L. Smith Manager Smith spoke of the Strategic Plan process and commented on an upcoming transparency addition to our "Website that was deemed the `Winter Springs Checkbook'," and noted that he was planning to publish the `Winter Springs Checkbook' this week, which would provide "The availability of financial information on our Website." Manager Smith added, "With your blessing, we will be going live with this, this week." No objections were noted — Deputy Mayor Brown remarked, "That is great" and Mayor Bush stated, "That is good." Commissioner Gary Bonner arrived at 5:17 p.m. City Attorney Anthony A. Garganese arrived at 5:17 p.m. REPORTS 402. Office Of The City Clerk — Andrea Lorenzo - Luaces, MMC City Clerk Andrea Lorenzo - Luaces asked if the City Commission was interested in holding the next Board and Committee Appreciation Event. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 22, 2010 PAGE 6 OF 26 "I MOVE THAT WE HAVE ANDREA (LORENZO - LUACES) COME BACK WITH SOME OPTIONS FOR A VOLUNTEER ADVISORY EVENT." MOTION BY COMMISSIONER McGINNIS. MAYOR BUSH ADDED, "...THAT WOULD BE DATES..." COMMISSIONER McGINNIS SAID, "...YES..." MAYOR BUSH ADDED, "AND - PLACES TO HOLD IT AND MENUS AND THE WHOL THING..." COMMISSIONER McGINNIS CONTINUED, "...PRICES, ETC." SECONDED B COMMISSIONER HOVEY. DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE enimad COMMISSIONER BONNER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BROWN: AYE MOTION CARRIED. REPORTS 403. Office Of Commissioner Seat Three — The Honorable Gary Bonner Commissioner Bonner spoke of letter from Shelley's Environmental Systems. Discussion followed with Mr. Kip Lockcuff, P.E., Director, Public Works/Utility Departments. Commissioner Bonner then commented on an email from Ms. Cynthia Fire related to a fire in the Highlands last year. Manager Smith and Members of the City Commission addressed this issue and noted that a Permit has been issued. Mayor Bush asked, "No one really got a hold of her, talked to her ?" Commissioner Sally McGinnis stated, "I answered her." Mayor Bush added, "That everything is okay, and moving along. Somebody ought to do that - it would have been nice if we had followed up with her." Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department stated, "I totally agree with you Mayor." Next, Commissioner Bonner asked Attorney Garganese about a matter that went before the Code Enforcement Board related to "Our recently modified Ordinance addressing citizens' abilities to park commercial vehicles on their residential property may now possibly be in conflict with some - guidelines or rules or Covenants that exist within some of the business licensing or Tax Certificates that we are issuing." Attorney Garganese said he would check the comparatives and that City Staff was looking into this. Commissioner Bonner said, "Regarding the possible inconsistency between Ordinance and our Business Licensing that you were pursuing, can you research it, to bring that back - to us, in case it does warrant our review ?" Attorney Garganese remarked, "I am doing that." Attorney Garganese added, "It will probably be done this week." With agreement by Commissioner Bonner, Attorney Garganese added, `By next Meeting, certainly." Commissioner Bonner commented on a recent review of the City's Committees and that he had suggested to Manager Smith the creation of a Citizens Economic Development Committee which could provide the City Commission and City Staff some insight related to "Our Economic Development initiatives." Commissioner Bonner suggested this either be discussed this evening or the City Manager could bring an Agenda Item to the City Commission. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 22, 2010 PAGE 7 OF 26 Manager Smith responded that he had discussed this with the City of Oviedo's City Manager and he had also asked Land Design Innovations, Inc. to assist. Manager Smith then advised the City Commission, "So, that's programmed on their work list to come back to this Commission." Commissioner Bonner stated, "I am comfortable that you have assigned it to them as an action item to bring forward - to us." REPORTS 404. Office Of Commissioner Seat Four — The Honorable Sally McGinnis No Report. REPORTS 405. Office Of Commissioner Seat Five — The Honorable Joanne M. Krebs Commissioner Joanne M. Krebs asked about the two (2) new City Advisory Committees related to Parks and Trails, and inquired whether a Text Amendment could change the proposed two (2) new Committees to just one (1) Committee. Discussion followed with Mr. Stevenson and Ms. Eloise Sahlstrom, ASLA, AICP, Senior Planner, Community Development Department who explained that the previously referenced and proposed Trails Committee would actually be referred to as a Bicycle Pedestrian Advisory Committee. Commissioner Krebs asked when this issue will come back to the City Commission? Manager Smith remarked, "It is on our program list." Manager Smith added, "I can't see why it should take too long." Next, Commissioner Krebs asked when the bus benches will be in. Ms. Sahlstrom responded by saying, "LYNX has put in the order so they are being manufactured." Ms. Sahlstrom added, "It's very much, in the process." Lastly, Commissioner Krebs commented on the recent State of the County event and that different photographs of Seminole County were shown, and thought perhaps Winter Springs could have some kind of contest with the winner getting their photograph displayed on the City's Website, and perhaps runner -ups' photographs could also be shown on our Website. Discussion followed on whether the Website had enough capacity for this type of addition. "I WOULD LIKE TO MAKE A MOTION THAT THE CITY MANAGER INVESTIGATE THE POSSIBILITY OF SOME TYPE OF PHOTO CONTEST DISPLAYING CITIZEN'S PHOTOS ON OUR WEBSITE, AS WE JUST DISCUSSED." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. COMMISSIONER BONNER ASKED WHETHER THE BEAUTIFICATION OF WINTER SPRINGS BOARD COULD ASSIST WITH THIS. COMMISSIONER KREBS STATED, "THAT IS FINE." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 22, 2010 PAGE 8 OF 26 VOTE: COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE rulQ COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BROWN: AYE ., MOTION CARRIED. rZsmis REPORTS 406. Office Of The Mayor — The Honorable John F. Bush Mayor Bush noted that tomorrow there will be a Public Hearing related to LYNX at Seminole State College, at the Student Services Building from 9:00 - 11:00 a.m. and suggested someone from City Staff should attend. Next, Mayor Bush spoke of Enclaves and a related Interlocal Agreement and noted, "I think the Commission needs to make a Motion that we move - the putting together of this Interlocal Agreement and get it going; because the County has said this is all they need." "I WOULD BE HAPPY TO MAKE THAT MOTION." MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. MAYOR BUSH SUMMARIZED, "MOTION THAT WE MOVE FORWARD WITH AN INTERLOCAL AGREEMENT FOR ANNEXATION PURPOSES WITH SEMINOLE COUNTY." COMMISSIONER McGINNIS ASKED IF THE CITY COMMISSION HAD ALREADY ASKED FOR THIS? ATTORNEY GARGANESE STATED THAT HE HAD ALREADY BEEN INSTRUCTED TO HANDLE THIS AND HAS BEEN WORKING ON AN AGREEMENT. ATTORNEY GARGANESE ADDED, "IT IS THE MORE NUANCE PROVISIONS OF THE INTERLOCAL SERVICE BOUNDARY AGREEMENT ACT WHICH HAS REALLY DELAYED ME, BECAUSE I THINK THERE ARE MORE OPPORTUNITIES FOR ANNEXATIONS UNDER THE NEW ACT THAT WAS NOT IN EXISTENCE WHEN THE OTHER TWO (2) CITIES ENTERED INTO THEIR AGREEMENT." ATTORNEY GARGANESE 'THEN SAID, "THE SIMPLE AGREEMENT, WHAT EVERYONE ELSE HAS DONE, I CAN BRING BACK AT THE NEXT MEETING, BUT IT WOULD NOT COVER SOME OF THE OTHER ISSUES WHICH CAN BE COVERED THROUGH ISBAA ( INTERLOCAL SERVICE BOUNDARY AGREEMENT ACT)." MANAGER SMITH ADDED, "I WOULD LIKE TO COME BACK TO THE COMMISSION AND ASK YOU ALL TO MAYBE FORMULATE IN YOUR MINDS, AND YOU MAY HAVE ALREADY, YOUR THOUGHT PROCESS ON NOT THE ENCLAVES, BUT OUR BOUNDARIES. I AM NOT SUGGESTING IN ANY SHAPE OR FASHION THAT WE START TO MOVE OUR BOUNDARIES." FURTHERMORE, MANAGER SMITH ADDED, "JUST A GENERAL THOUGHT PROCESS TO HELP ME NOTICE THINGS AND TO HELP RANDY (STEVENSON) NOTICE THINGS TO COME FORWARD, WHERE WE WANT TO BE." COMMISSIONER KREBS ASKED HOW THE COMMISSION COULD HELP? CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 22, 2010 PAGE 9 OF 26 DEPUTY MAYOR BROWN COMMENTED, "I AM WONDERING IF THIS REALLY NEEDS TO COME BACK AS AN AGENDA ITEM AT SOME POINT, BECAUSE THERE IS A LOT OF BUSINES TAX REVENUE HEADING SOUTH THAT IS UNINCORPORATED, AND IF YOU WANT TO LEA a THE DOOR OPEN FOR DISCUSSION AND NEGOTIATIONS WHEN THE APPROPRIATE TIMIgit ` COMES ON ANY OF THAT MOVEMENT - DOES THAT NEED TO BE INCORPORATED INTO TM AGREEMENT AT THIS TIME, OR ARE YOU COMFORTABLE WITH DOING A SIMPL AGREEMENT NOW, AND LOOKING AT THAT IN ANOTHER AGENDA ITEM ?" MANAGER SMITH SAID, "I WOULD SUGGEST THAT WE MOVE FORWARD WITH THIS SIlVIPL AGREEMENT. LET'S TAKE CARE OF THIS - ENCLAVES ISSUE SOONER THAN LATER' ®"' ADDITIONALLY, MANAGER SMITH EXPLAINED, "MY RECOMMENDATION IS THAT W MOVE FORWARD WITH THE ENCLAVES AGREEMENT EXPEDITIOUSLY — LET'S GET THAT TIED UP; AND THEN - THE NEXT STEP WOULD BE TO HAVE THAT CONVERSATION ABOUT WHERE DO WE SEE OUR BOUNDARIES GOING IN THE FUTURE, IF ANYWHERE." DEPUTY MAYOR BROWN SUGGESTED, "TAKE CARE OF THE ENCLAVES ISSUE - WE CAN DO THAT FOR THE NEXT MEETING ?" ATTORNEY GARGANESE REMARKED, "YES, WITH A BASIC AGREEMENT THAT EVERYONE ELSE HAS DONE, YES." ATTORNEY GARGANESE THOUGHT HE MIGHT SPEAK WITH SEMINOLE COUNTY ON THE INTERLOCAL SERVICE BOUNDARY AGREEMENT ACT. MAYOR BUSH ASKED, "CAN YOU DO IT BY THE FIRST MEETING IN MARCH ?" ATTORNEY GARGANESE SAID, "I CAN PURSUE IT." ATTORNEY GARGANESE SUGGESTED HIS DIRECTION BE THAT HE PURSUE THIS MEETING AS HE HAD NOTED. MAYOR BUSH COMMENTED, "OKAY." NO OBJECTIONS WERE VOICED. MANAGER SMITH THEN SAID TO THE CITY COMMISSION, "I FEEL THE SAME WAY. LET ME ASK - IF YOU WOULD CONSIDER GIVING ANTHONY (GARGANESE) AND I SOME FLEXIBILITY ON THE TIMELINE AND WE WILL REPORT TO THIS COMMISSION AT EVERY MEETING FROM THIS POINT OUT - JUST AN UPDATE UNDER THE SEATS, SO YOU KNOW THE STATUS, UNTIL WE ARE DONE." MAYOR BUSH STATED, "OKAY." COMMISSIONER KREBS ADDED, "I WAS JUST GOING TO ASK THAT WE WAIT UNTIL ANTHONY (GARGANESE) HAS AN OPPORTUNITY SOON TO DISCUSS THAT ISSUE THAT HE IS TALKING ABOUT AND THAT YOU BRING THAT BACK." MAYOR BUSH STATED, "THE MOTION THAT WAS MADE IS NO LONGER NEEDED, SO I WILL CALL IT "OUT OF ORDER" SINCE IT HAS ALREADY BEEN DONE." Next, Mayor Bush noted that he and Deputy Mayor Rick Brown had attended a recent meeting of the Oviedo - Winter Springs Chamber Trustees and that it seemed that SeminoleWAY was on the back burner with Seminole County. Mayor Bush suggested "We need to at least say something about it, and if not, get with Oviedo and maybe move forward without worrying about the County." Manager Smith commented on recent developments associated with the GreeneWay Interchange District and noted, "It is moving forward." Mayor Bush said to the City Commission, "I would like to write a letter to the Chair of the (Seminole) County Commission asking why they aren't moving forward on this ?" Commissioner Krebs and Commissioner McGinnis stated, "Go ahead." With no objections noted, Mayor Bush added, "Kevin (Smith) and I will work on that." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 22, 2010 PAGE 10 OF 26 Next, Mayor Bush thanked Mr. Chuck Pula, Director, Parks and Recreation Department for getting a trailer moved from Central Winds Park. Further, Mayor Bush asked if anyone else would be on the Winter Springs float at the upcoming Mardi Gras eve with him. With brief comments, it was noted that no Commissioners were able to attend due to prio commitments. In conclusion, Mayor Bush asked if anyone on the City Commission wanted to form a Bowling League f Envision Seminole/Leadership Seminole. Commissioner Bonner and Deputy Mayor Brown noted they we already on other Teams. Additionally on the upcoming Mardi Gras Event. Commissioner Bonner suggested the Police Explorers could possibly be invited to join Mayor Bush on the Winter Springs float. REPORTS 407. Office Of Commissioner Seat One — The Honorable Jean Hovey Commissioner Jean Hovey asked Manager Smith about the status of the next Winter Springs- Oviedo Joint Meeting and whether any dates had been suggested by the City of Oviedo. Manager Smith mentioned that Oviedo's City Manager said he would get back with him, but has not heard anything further. Next, Commissioner Hovey mentioned that Indian Trails Middle School is still asking about an electronic sign and advised Mr. Stevenson that he could expect a call from Indian Trails Middle School related to this issue. Commissioner Hovey then commented on recent emails related to Keeth Elementary Schools drop - off/pick -up issues. Lastly, Commissioner Hovey noted that she would not be at the March 8 2010 City Commission Regular Meeting. REPORTS 408. Office Of Commissioner Seat Two/Deputy Mayor — The Honorable Rick Brown No Report. PUBLIC INPUT Mr. Michael Ray Messer, 620 Dolphin Road, Winter Springs, Florida: commented on a letter related to hauling and disposing of wastewater; spoke of rates; and noted that it would need to be watered down before being removed. ❖ ❖ AGENDA NOTE: THE FOLLOWING REPORT WAS HEARD NEXT, AS DOCUMENTED, FOLLOWED BY THE REST OF THE AGENDA. •:•• CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 22, 2010 PAGE 11 OF 26 REPORTS REPORTS 400. Office Of The City Attorney — Anthony A. Garganese, Esquire Attorney Garganese spoke for the Record on the Gump Case, and said, "The City prevailed in that lawsuit." Next, Attorney Garganese advised the City Commission about the first Meeting of the Winter Springs Ad H Charter Review Committee, and commented on the Election of Chairperson and Vice Chairperson; a PowerPo' presentation; and the schedule. Attorney Garganese noted that he would provide the City Commission with copy of the Comparative worksheets, through the City Clerk. PUBLIC HEARINGS AGENDA - PART I PUBLIC HEARINGS 500. Community Development Department REQUEST: Requests The City Commission Hold A Public Hearing First Reading Of Ordinance 2010 -03, Amending The List Of Permitted, Conditional, And Prohibited Uses In The I -1 Industrial Zoning District And Amending Certain Related Definitions In The Zoning Code. FISCAL IMPACT: There Is No Immediately Known Fiscal Impact To The City. However, Allowing The Existing Use To Continue In Operation And To Expand/Upgrade Will Mean Continued And Possibly Enhanced Property Tax Revenues To The City. COMMUNICATION EFFORTS: January 24, 2010 — Public Noticing In The Orlando Sentinel Of Local Planning Agency Public Hearing February 3, 2010 — Public Hearing Before The Local Planning Agency February 11, 2010 — Public Noticing In The Orlando Sentinel Of The First Reading Of Ordinance 2010 -03 TENATATIVE IMPLEMENTATION SCHEDULE: February 22, 2010 — First Reading Of Ordinance 2010 -03 Before The City Commission February 28, 2010 — Public Noticing In The Orlando Sentinel (Display Ad - 5 Days Prior To Adoption) March 8, 2010 — Possible Second Reading /Adoption Of Ordinance 2010 -03 RECOMMENDATION: PLANNING & ZONING BOARD/LOCAL PLANNING AGENCY RECOMMENDATION The Planning & Zoning Board Held A Public Hearing On February 3, 2010 And Recommended Approval Of Ordinance 2010 -03 With The Addition Of Language To Paragraph 10 Of The Ordinance Allowing The Recycling Of Non - Hazardous Materials. STAFF RECOMMENDATION: Staff Recommends, Based Upon The Findings Contained In This Agenda Item And The Review And Recommendation Of The P &Z (Planning And Zoning) Board, That The City Commission Hold A Public Hearing For First Reading Of Ordinance 2010 -03, Consider The Additional Language That Resulted From The P &Z (Planning And Zoning) Board's Discussion Of This Item, And Move The Ordinance To Second Reading. Mayor Bush asked, "Can we have a Motion to read by `Title' only ?" CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 22, 2010 PAGE 12 OF 26 "SO MOVED." MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. Tape 1 /Side B Frarkes VOTE: COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE COMIVIISSIONER McGINNIS: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" only. Mr. Stevenson introduced this Agenda Item for discussion and remarked, "Subsequent to the Ordinance being written, there was a request from the Applicant that we not only do secondary metal recycling but that we include recycling of non - hazardous materials. That verbiage was presented to the Planning And Zoning Board(/Local Planning Agency) and you can see in their Recommendation, they recommended Approval with the addition of that language in item (10) of the Ordinance. We have had subsequent conversations and what we would probably move forward with - is that between First and Second Reading, we would get together with the Applicant and work out the fmal details." With further comments, Mr. Stevenson noted, "We would recommend tonight that you consider the request by Mr. (Bart) Phillips as presented in the recommendation of the Planning And Zoning Board(/Local Planning Agency) and that you allow us to work with Mr. (Bart) Phillips in between First and Second Reading and move this item on to Second Reading." Commissioner McGinnis inquired, "How do we know that it is always non - hazardous materials ?" Mr. Stevenson responded, "If this moves forward - we would detail that in the Text Amendment so it would be in the Code as - a Permitted Use in the 1-1'." Mr. Stevenson added, "As far as monitoring it, I would assume Mr. (Bart) Phillips would obviously know the rules and regulations and would know what he could accept and what he could not, because it would - need to be mutually agreeable language prior to Second Reading. That is what we intend to do anyway." Brief discussion followed on Infractions and Fines and Commissioner McGinnis asked if we would be assured there would not be additional Environmental Infractions. Mr. Stevenson explained, "Between First and Second Reading, there is a process detailed in Chapter 2 (Administration) for the reducing and Waiving of Fines. We would intend to bring that forward. They write a letter to me actually. I take it to the Code Enforcement Board and then it would come back to you in the form of a Recommendation from the Code Enforcement Board. There were some Fines for a period of time back in [20]'04 - [20]'05. My understanding from our Code Enforcement Officer — Captain (Glenn) Tolleson is that they been in Compliance since that date and therefore, would be coming back through that process to address these Fines and would like to tie it all together with the fmal language for the Ordinance and addressing the Fines at the same Meeting for you." 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. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 22, 2010 PAGE 13 OF 26 "MOTION TO MOVE TO SECOND READING." MOTION BY COMMISSIONER KREBS. SECONDED BY DEPUTY MAYOR BROWN. DISCUSSION. ATTORNEY GARGANESE SAID, "JUST CLARIFICATION ON THE RECOMMENDATION OF PLANNING AND ZONING BOARD(/LOCAL PLANNING AGENCY)..." COMMISSIONER KREBS NOTED, "...YES - SOMEONE IS GOING TO GET WITH MR (BAR PHILLIPS AND DISCUSS THE ADDITIONAL LANGUAGE, FOR WHAT HE CAN DO." ATTORNE GARGANESE NOTED, "I JUST WANTED TO MAKE SURE THAT THAT WAS INTENDED IN YO ' MOTION." COMMISSIONER KREBS THEN SAID, "IT IS INTENDED." VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. PUBLIC HEARINGS 501. Community Development Department REQUEST: Presents To The City Commission An Aesthetic Review Request For An Approximately 3,500 Square Foot (SF) Daycare Facility Within The R -3 (Multiple Family Dwelling) Zoning District. FISCAL IMPACT: The Seminole County Property Appraiser's Office States That, Within Seminole County, The Average Building Size For A Daycare Center Is 5,528 S.F. (Square Foot) (This Facility Will Be Approximately 3,500 S.F. (Square Foot)) And That The Average Just Value Of These Facilities Is $110.70 Per Square Foot. Therefore, Without Knowing Further Specifics, The Estimated Total Just Value Of The Facility Is $387,450.00 (3500 SF (Square Foot) X $110.70). The Applicant Projects 3 Full -Time And 2 Part -Time Employees. Tax Revenue Projections Are As Follows: 3,500 Square Feet - Assessed At $110.70 /Square Foot: $387,450.00 Assessed Tax Value $387,450.00/1000 = $ 387.45 $387.45 (2.5814) = $1,000.16 $1,000.16 (Less The 4% Statutory Discount) = $960.16 Tax Revenue COMMUNICATION EFFORTS: Neighboring Properties Within 150 Feet Of The Site Were Notified In Writing And Signs Were Placed At The Site For Both The Conditional Use And The Building Setback Waiver. No Further Efforts Have Been Made For The Aesthetic Review, Beyond Those Routinely Done By The City Clerk's Office. Further Notification Is Required If The Applicant Seeks A Waiver From The Wall Requirement (To Extend The Vinyl Fence Along The Adjacent Residential Property). CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 22, 2010 PAGE 14 OF 26 RECOMMENDATION: STAFF RECOMMENDATION: Staff Recommends That The City Commission Approve The Aesthetic Review Plans. Mr. John Baker, AICP, Senior Planner, Community Development Department presented this Agenda Item f discussion. oft, Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. gr--" Mayor Bush closed the "Public Input" portion of the Agenda Item. "MOTION TO APPROVE." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. MAYOR BUSH ADDED, "MOTION TO ACCEPT AESTHETIC REVIEW." VOTE: DEPUTY MAYOR BROWN: AYE COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. PUBLIC HEARINGS 502. Community Development Department REQUEST: Requests That The City Commission Hold A Public Hearing For Ordinance 2010 -04, Amending The City's Tree Code To Address Energy Devices Based On Renewable Resources. FISCAL IMPACT: Given Section 163.04, Florida Statutes, The Draft Ordinance May Have A Negative Impact On Future Tree Bank Contributions. COMMUNICATION EFFORTS: Jan. (January) 24, 2010 — Public Noticing In The Orlando Sentinel Of Local Planning Agency Public Hearing P &Z/LPA (Planning And Zoning Board/Local Planning Agency) Agenda Item Posted In City Hall And On The City's Website Feb. (February) 3, 2010 — Public Hearing Before The Planning & Zoning Board/Local Planning Agency Commission Agenda Item Will Be Posted At City Hall And Posted On City's Website Feb. (February) 22, 2010 — 1 Reading & Public Hearing before the City Commission Tentative Implementation Schedule: Feb. (February) 25, 2010 — Public Noticing In The Orlando Sentinel 10 Days Before Adoption Public Hearing Mar. (March) 8, 2010 — 2 °d Reading/Adoption Public Hearing Before The City Commission CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 22, 2010 PAGE 15 OF 26 RECOMMENDATION: P &Z/LPA (Planning And Zoning Board/Local Planning Agency) Recommendation - The Planning & Zoning Board/Local Planning Agency Held A Public Hearing On Ordinance 2010 -04 And After Much Discussion, Voted Unanimously (5-0) To Recommend Adoption Of The Draft Ordinance With The Language Amended, Removing The Term "Clothesline". Staff Recommendation - The City Attorney Recommends That The City Commission Hold A Public Hearing On The First Readi Of The Ordinance, Consider The Recommendation Of The Planning & Zoning Board, And Make Changes To The Draft Ordinance Deemed Appropriate Before Moving It To Second Reading. Mond Mayor Bush said, "Can we have a Motion to read by `Title' only ?" "SO MOVED." MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMESSIONE McGINNIS. DISCUSSION. VOTE: COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" only. Mr. Stevenson spoke on this Agenda Item and discussion followed on clotheslines. 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 MOVE TO SECOND" (READING). MOTION BY COMMISSIONER KREBS. SECONDED. DISCUSSION. COMMISSIONER KREBS ADDED, "LEAVING IN CLOTHESLINES, AS PRESENTED." VOTE: COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 22, 2010 PAGE 16 OF 26 PUBLIC HEARINGS 503. Community Development Department — Planning Division REQUEST: Requests That The City Commission Hold A Public Hearing For First Reading Of Ordinance 2010 -02, Amending Section 20 -211. Front, Rear And Side Yard Regulations Of The City Code Regarding Zero Lot Line Properties In The R -3 Zoning District. FISCAL IMPACT: Improvements That Are Installed On Existing Residential Properties Typically Result In An Increase To The Taxable Value Of The Property And Of The Neighborhood. In This Case, The Value Lies Primarily In The Property Owner Upgrading His Investment. COMMUNICATION EFFORTS: Jan. (January) 24, 2010 — Public Noticing In The Orlando Sentinel Of P &Z/LPA (Planning And Zoning ■ Board/Local Planning Agency) Public Hearing P &Z/LPA (Planning And Zoning Board/Local Planning Agency) Agenda Item Posted On City's Website Feb. (February) 3, 2010 — Public .Hearing Before The P &Z/LPA (Planning And Zoning/Local Planning Agency) Commission Agenda Item Posted On City's Website Feb. (February) 22, 2010 —1 Reading & Public Hearing Before The City Commission Tentative Implementation Schedule: Feb. (February) 22, 2010 — 1 Reading & Public Hearing Before The City Commission Mar. (March) 8, 2010 — 2nd Reading /Adoption Public Hearing Before The City Commission RECOMMENDATION: P &Z/LPA (Planning And Zoning Board/Local Planning Agency) Recommendation - The Planning & Zoning Board/Local Planning Agency Held A Public Hearing On Ordinance 2010 -02 And Voted Unanimously (5 -0) To Recommend Adoption To The City Commission. Staff Recommendation - Staff Recommends That The City Commission Hold A Public Hearing For First Reading Of Ordinance 2010 -02, Amending Section 20 -211. Front, Rear And Side Yard Regulations Of The City Code Regarding Zero Lot Line Properties In The R -3 Zoning District. Mayor Bush asked, "Can we have a Motion to read by `Title' only ?" "SO MOVED." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER BONNER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BROWN: AYE MOTION CARRIED. Attorney Garganese read Ordinance 2010 -02 by "Title" only. Ms. Sahlstrom spoke on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 22, 2010 PAGE 17 OF 26 Mayor Bush opened the "Public Input" portion of the Agenda Item. Ms. Ginny More, 270 San Gabriel Street, Winter Springs, Florida.: commented on wanting to get her patio enclosed; and Appraisals on her property. Mayor Bush closed the "Public Input" portion of the Agenda Item. "MOTION TO MOVE TO SECOND READING." MOTION BY COMMISSIONER McG SECONDED DEPUTY MAYOR BROWN. DISCUSSION. VOTE: DEPUTY MAYOR BROWN: AYE COMMISSIONER HOVEY: AYE COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. • • AGENDA NOTE: PUBLIC HEARINGS AGENDA — PART II WAS DISCUSSED NEXT, FOLLOWED BY THE REGULAR AGENDA, AS DOCUMENTED. • • PUBLIC HEARINGS AGENDA - PART II PUBLIC HEARINGS 504. Community Development Department — Planning Division REQUEST: The Community Development Department Requests The City Commission Hold A Public Hearing For First Reading Of Ordinance 2010 -01, Which Changes The Zoning Designation For The State Road 419 Frontage Within The Deersong Subdivision Between Moss Road And Sherry Ave., Equaling 3.5 Acres More Or Less From "C -1 (Neighborhood Commercial)" To (Winter Springs) "R -3 (Multiple Family Dwelling Zoning District) ". FISCAL IMPACT: These Area Was Developed As Zero Lot Line As Single Family Residential Units In The 1990's And Current Property Taxes Reflect That Use. Therefore, The Zoning Change Is Expected To Result In NO Fiscal Impact To The City. COMMUNICATION EFFORTS: Jan. (January) 15, 2010 — Letters Sent To Property Owners Noticing P &Z (Planning And Zoning Board) Public Hearing Jan. (January) 15, 2010 — Letters Sent To Property Owners Within 150' Of The Subject Property Jan. (January) 22, 2010 — Letters Sent To Property Owners Noticing ALL Public Hearings Jan. (January) 18, 2010 — Signage Placed On Subject Property Under Consideration For Rezoning Jan. (January) 24, 2010 — Public Noticing In The Orlando Sentinel Of P &Z (Planning And Zoning Board)/LPA (Local Planning Agency) Public Hearing P &Z (Planning And Zoning Board)/LPA (Local Planning Agency) Agenda Item Posted On City's Website Feb. (February) 3, 2010 — Public Hearing Before The P &Z/LPA (Planning And Zoning Board /Local Planning Agency) Commission Agenda Item Posted In City Hall And Posted On City's Website Feb. (February) 22, 2010 —1'` Reading & Public Hearing Before The City Commission CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 22, 2010 PAGE 18 OF 26 Tentative Implementation Schedule: Feb. (February) 22, 2010 —1 Reading & Public Hearing Before The City Commission Mar. (March) 8, 2010 — 2" Reading/Adoption Public Hearing Before The City Commission RECOMMENDATIONS: P &Z/LPA (Planning And Zoning Board/Local Planning Agency) Recommendation - The Planning & Zoning Board/Local Planning Agency Held A Public Hearing On Ordinance 2010 -01 An Voted Unanimously (5 -0) To Recommend Adoption To The City Commission. agmt Staff Recommendation - ,;.:: Staff Recommends That The City Commission Hold A Public Hearing For First Reading Of Ordinanc 2010 -01, Which Changes The Zoning Designation For The State Road 419 Frontage Within The Deersong Subdivision Between Moss Road And Sherry Avenue Equaling 3.5 Acres More Or Less From "C -1 (Neighborhood Commercial)" To (Winter Springs) "R -3 (Multiple Family Dwelling Zoning District) ". Mayor Bush remarked, "Can I have a Motion to read by `Title' only ?" "SO MOVED." MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER BONNER: AYE COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BROWN: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" only. Ms. Sahlstrom commented 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. "MOTION TO MOVE TO SECOND READING." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER BONNER: AYE COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 22, 2010 PAGE 19 OF 26 REGULAR AGENDA REGULAR 600. Community Development Department REQUEST: Presents To The City Commission A Request For Combined Preliminary And F t z. Engineering/Site Plan A roval For An Approximately 3 500 Square Foot Daycare Facility With PP PP Y S � 9 (SF) Y tY The R -3 (Multiple Family Dwelling) Zoning District. FISCAL IMPACT: The Seminole County Property Appraiser's Office States That, Within Semin • County, The Average Building Size For A Daycare Center Is 5,528 S.F. (Square Foot) (This Facility Will ' Approximately 3,500 S.F. (Square Foot)) And That The Average Just Value Of These Facilities Is $110. j; Per Square Foot. Therefore, Without Knowing Further Specifics, The Estimated Total Just Value Of T Facility Is $387,450.00 (3500 SF (Square Foot) X $110.70). The Applicant Projects 3 Full-Time And 2 Part- Time Employees. Tax Revenue Projections Are As Follows: 3,500 Square Feet - Assessed At $110.70 /Square Foot: $387,450.00 Assessed Tax Value $387,450.00/1000 = $ 387.45 $387.45 (2.5814) = $1,000.16 $1,000.16 (Less The 4% Statutory Discount) = $960.16 Tax Revenue COMMUNICATION EFFORTS: Neighboring Properties Within 150 Feet Of The Site Were Notified In Writing And Signs Were Placed At The Site For Both The Conditional Use And The Building Setback Waiver. No Further Efforts Have Been Made For The Site Plan. Further Notification Is Required If The Applicant Seeks A Waiver From The Wall Requirement (To Extend The Vinyl Fence Along The Adjacent Residential Property). RECOMMENDATION: P &Z/LPA (Planning And Zoning Board/Local Planning Agency) Recommendation - At Its Regularly Scheduled Meeting Of February 3, 2010, The Planning And Zoning Board Voted To Approve The Final Engineering /Site Plan For The Park Manor Daycare Facility. STAFF RECOMMENDATION - Staff Recommends The Final Engineering Plans Be Approved, Subject To Either Providing The Masonry Wall, As Depicted On The Plans, Or Subsequently Receiving A Waiver From The Wall Requirement To Extend The Vinyl Fence Along The Adjacent Residential Property To The Southwest. Mr. Baker presented this Agenda Item. "MOTION TO APPROVE." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 22, 2010 PAGE 20 OF 26 REGULAR 601. Public Works Department REQUEST: Requesting The City Commission Consider Options For Improving Access From S.R. (Stat Road) 434 To Sunoco And Papa Tony's. -_ FISCAL IMPACT: No Funding Is Requested As Part Of This Agenda Item. COMMUNICATION EFFORTS: Staff Met With The Owners Of Millers' School Supply, Sunoco, Pap Tony's, And The Hayes Road Plaza On February 8, 2010. Staff Recently Contacted Each Owner An Confirmed That An Agenda Item Was Scheduled For The February 22, 2010 Meeting. RECOMMENDATION: Staff Recommends That The Commission Review The Options Described Herein And Provide Direction. Mr. Brian Fields, P.E., City Engineer, Public Works Department began the discussion on this Agenda Item and reviewed the Options with the City Commission. Commissioner McGinnis noted that she supported "Option 1" and commented on access. Next, Commissioner Hovey commented, "I see a problem with people turning left off of (State Road) 434 when they are going westbound - they are going to turn left. That is okay, but now, you are going to have people coming out of Papa Tony's and Sunoco trying to turn left and that could be a real problem." Commissioner Krebs agreed. Commissioner Hovey then inquired, "Is that addressed in maybe making that an exit? Deputy Mayor Brown and Commissioner Hovey both suggested, "Right turn only ?" Mr. Fields stated, "That would help. That's something we would look at in design." Continuing, Commissioner Hovey added, "I like `Option 3', but we need to address that right turn only." Commissioner Bonner asked if "Option 3" was agreed on, how would it be funded? Manager Smith suggested that if the Commission decided on "Option 3 ", then "My recommendation would be the 2 Generation One Cent Sales Tax." Related to "Option 2 ", Commissioner Bonner inquired, "Has anyone estimated the cost of building the cross - connect?" Discussion followed on a possible loss of parking spaces; and Commissioner Bonner then asked, "Could this be instead of a vehicle crossing, could that be a pedestrian crossing, some sort of a bridge or some sort of structure that would allow you to walk. You could park at Millers' (School Supply) and you could choose to walk across." Discussion ensued on enhancement features, Village Walk, safety improvement, and Funding options. Tape 2/Side A Commissioner Bonner also mentioned that the Citizens Economic Development Committee he proposed earlier in the Meeting, would be a great way to have other possible options considered. With further comments, Mayor Bush asked, "Can we spend One Cent Sales Tax money on private property?" Mr. Fields stated, "I think if we met the threshold of being transportation related." Attorney Garganese said they would consider it carefully and suggested a possible "Public Easement of some sort to require the inter - connectivity so it doesn't go away." Commissioner Krebs then commented on aesthetics; getting to restaurants; and stated, "I do have a problem with people coming out and turning left; and you can put a `No Left Turn' there, and they are going to do it." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 22, 2010 PAGE 21 OF 26 Discussion followed on timelines; and what other projects might also benefit from the 2nd Generation One Cent Sales Tax. Mr. Lockcuff commented on proposed projects. Commissioner Krebs added that "I like Option number '1', but I also liked - if we could have something betweeri Millers' (School Supply) and Papa Tony's." Further comments followed on liability possibilities for Millers School Supply. Deputy Mayor Brown added, "I just wanted to caution Brian (Fields) semantically, to not give th Commission the impression that "Unable economically" was the same as "Unwilling" in the businesse willingness to pay for that." Next, Commissioner McGinnis suggested the City Commission should be advised whether Millers' Schoo Supply would be agreeable to potentially losing parking spaces. ■ Discussion followed on timelines; economic issues for business owners; and a previous situation with the Bruster's business. Commissioner Bonner stated, "I too am leaning towards the `Option 2', creating the cross - connect — my thinking along these lines is it doesn't require us to change anything on (State Road) 434 so it would facilitate the access that we all want for all of these businesses. The cross - connect would also not only serve Papa Tony's, it would also serve the Sunoco - Brian's (Fields) comment about drive -by needs versus destination needs and in my thinking it would also serve the new Hayes Road Plaza because now drivers who are driving to the west would have the ability to loop back a little more elegantly to reach that 7 -11 or those other destinations on Hayes Road Plaza that they have missed. In order to support this though, I think we need to ask Staff to go back and challenge - how much room we have on that One Penny Sales Tax — and see if we couldn't figure a way to fund this and then do all of the appropriate legal things, from an Easement standpoint, etc., etc." Manager Smith said, "If there is a Consensus upon the Commission to proceed with `Option 2' then - I would recommend that we go back and Brian (Fields) needs to take a look at some stormwater drainage issues. We need to ensure that the Penny Sales Tax is eligible for this expense." Manager Smith added, "If that is your direction to go back, we will come back to the Commission with an Agenda Item for your final Approval." Commissioner Krebs commented on an explanation to previous changes on State Road 434 that she had received from Brian Fields and gave a copy of an email to the City Clerk related to this, to be shared with the Mayor and City Commission. Mr. Lockcuff pointed out, "The Easement only exists on Millers' School Supply; there is no Easement on the Papa Tony's side. So question number one (1), are they willing to give an Easement to make an `Option 2' happen? We have to ask first; and so maybe that, if that is our direction is that, and the money question." Mr. Fields added, "Look at the actual costs, as well as ask about the parking. I think you are asking for more information on `Option 2' so you can make a better decision." Commissioner Bonner noted, "The information that I am seeking is - what it would cost to do `Option 2' and can it in fact be funded by the Penny Sales Tax." Mayor Bush asked Mr. Fields what the property owners thought. Manager Smith noted, "The conversation at that time on `Option 2' was that the property owners would pay for it." Deputy Mayor Brown added, "I know we have the Easement on the Millers' School Supply side, and it appears they have ample parking. What does the loss of those two and a half (2V2) parking spaces do to Papa Tony's ?" Mr. Fields said he would look into this. Mayor Bush asked if it would meet Code. Mr. Fields then said, "That is something we will look at in more detail though when we bring that back." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 22, 2010 PAGE 22 OF 26 "MOTION TO DIRECT THE CITY MANAGER TO DIRECT STAFF TO GO BACK AND BRING US EXACTLY BACK WHAT WE WERE TALKING ABOUT — IF THE PENNY SALES TAX CAN BE USED (THE 2ND GENERATION OR WHATEVER IT IS YOU WANT TO USE), AND THE COST, AND ALSO THE EASEMENT ISSUE - ALL OF THAT WHAT WE JUST DISCUSSED." MOTION BY , COMMISSIONER KREBS. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. MAYOR BUSH SAID, "KEVIN (SMITH), BRIAN (FIELDS) - YOU UNDERSTAND ?" MR FIELD AND MANAGER SMITH STATED, "YES." Alb VOTE: aw, :..: COMMISSIONER McGINNIS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. REGULAR 602. Parks And Recreation Department REQUEST: Requests That The City Commission Consider A July 4, 2010 Celebration Of Freedom Event In A Format Similar To Last Year's Event With General Fund Funding Not To Exceed $21,200.00. (This Issue Was Tabled At The January 25, 2010 Meeting. Therefore, A Motion To Remove From The Table Would Be Required For The Commission To Consider This Item.) FISCAL IMPACT: Proposed Event Budget $48,700.00 Less Projected City Sponsorships/Vendors ($20,000.00) Less Projected Cox Radio Group Sponsorships/Vendors ($ 7,500.00) Total Estimated Event Shortfall $ 21,200.00 Shortfall Funding Sources: • Per The Commission's Direction, The City Manager Has Reviewed The City's Current General Fund "Budget Vs. Actual" Position And Determined That Sufficient Funds Are Available To Cover The Estimated $21,200.00 Shortfall, Should The Commission Desire To Go This Route. • If Parking And/Or Admission Fees Are Charged, It Would Mitigate This General Fund Expenditure. COMMUNICATION EFFORTS: Staff Will Immediately Begin Notifying The Public Regarding The July 4, 2010 Event Through E- Citizen, City Website And Local Media, Etc. Staff Will Also Aggressively Seek Sponsors And Vendors. Should The Commission Elect To Charge Any Fees, Staff Would Do Their Best To Inform Those Who Are Considering Attending And Those Who Attend About The Fee(s). CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 22, 2010 PAGE 23 OF 26 RECOMMENDATION: Staff Recommends The City Commission Provide Further Direction On The Format And Funding Of A July 4, 2010 Celebration Of Freedom Event. "I WOULD LIKE TO MAKE A MOTION TO TAKE IT OFF THE TABLE." MOTION BY ., COMMISSIONER KREBS. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE gAimi COMMISSIONER BONNER: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. Manager Smith began the discussion with comments on Funding. Commissioner Bonner remarked that he supported charging a five dollar ($5.00) per vehicle Fee; charging admission for non - residents; and hoped that some other organizations could assist with manpower. Commissioner Bonner also thought that the newly proposed Parks Committee could be in place prior to this Event, and that this new Committee could suggest other ideas. Deputy Mayor Brown noted he wanted the event to be self-funded. Commissioner Hovey said that she did not think that attendees should be charged as she felt they would go to other free 4 of July events; commented on logistics issues related to Police services; and noted that the Event should be revenue neutral. Commissioner Krebs thought Commissioner Bonner was "On the right track "; and spoke on issues related to charging or not - charging admission. Commissioner McGinnis commented on the importance of providing low - cost Events; and the quality of life for communities. Deputy Mayor Brown thought that proposed gate fees were doable but that logistics related to the Police Department would need to be considered. "I WILL MAKE THE MOTION THAT WE SEND STAFF BACK ONE LAST TIME TO COME BACK WITH A PROPOSAL THAT SHOWS US THE ABSOLUTE BEST PARTY WE COULD POSSIBLY HAVE, REVENUE NEUTRAL TO THE CITIZENS, IN THIS DIFFICULT ECONOMIC TIME." MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: COMMISSIONER McGINNIS: NAY COMMISSIONER KREBS: NAY COMMISSIONER HOVEY: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 22, 2010 PAGE 24 OF 26 REGULAR 603. Public Works Department REQUEST: Requesting The City Commission's Review Of Straw Ballot Results For The Proposed Pavin Of Stoner Road In The Ranchlands. PIENEMOZA FISCAL IMPACT: No Funding Is Requested With This Agenda Item. If The Commission Decides T Include Stoner Road In The Ranchlands Paving Program, It Will Be Added To A Future Bid Package Th 4 Will Be Submitted To The City Commission For Award Of A Construction Contract. Based On T Recent Bid Results For Phase 1, Staff Expects The Available Funding From The Road Improvement Fu i i. (One -Cent Sales Tax) To Be Sufficient To Fund The Entire Ranchlands Paving Program. t " ar r t COMMUNICATIONS EFFORTS: Straw Ballots Were Mailed To All Abutting Property Owners Stoner Road, Along With A Notice That The Results Would Be Submitted For The City Commission's Review At The February 22, 2010 City Commission Meeting. Residents Who Provided E -Mail Addresses With Their Straw Ballots Were E- Mailed The Preliminary Straw Ballot Results And A Reminder Notice About The February 22 Meeting. The Abutting Property Owners Were Also Previously Mailed "Request For Input" Notices In October 2009 And Many Residents Accepted Staff's Invitation To Have An Onsite Meeting To Discuss The Project. The City Commission's Decision On This Agenda Item Will Be Communicated To The Stoner Road Property Owners By E -Mail And /Or Standard Mail. RECOMMENDATION: Staff Recommends The City Commission Approve Stoner Road For Paving. Mr. Fields commented on this Agenda Item. "MOTION TO APPROVE STAFF'S RECOMMENDATION." MOTION BY COMMISSIONER KREBS. SECONDED BY DEPUTY MAYOR BROWN. DISCUSSION. VOTE: DEPUTY MAYOR BROWN: AYE COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. REGULAR 604. Office Of The City Clerk REQUEST: Requests That Commissioner Jean Hovey Make An Appointment To The Planning And Zoning Board/Local Planning Agency To Fill A Currently Open Seat, Due To The Recent Resignation Of A Former Member. (Advisory Board Appointment) FISCAL IMPACT: There Is No Specific Fiscal Impact To This Proposed Appointment. However, As It Stands Currently, Funding For All Planning And Zoning Board/Local Planning Agency Members Has Been Budgeted For This Fiscal Year In Line Code 1110 - 51330. COMMUNICATION EFFORTS: Based On Discussions With Commissioner Jean Hovey Who Was Contacted About This Vacancy, No Other Specific Communication Efforts Were Needed Or Requested. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 22, 2010 PAGE 25 OF 26 RECOMMENDATION: Commissioner Jean Hovey Is Respectfully Requested To Make An Appointment To The Planning And Zoning Board/Local Planning Agency. "I WOULD LIKE TO APPOINT HOWARD CASMAN, PENDING HIS RESIGNATION FROM 'I" ' BOARD OF ADJUSTMENT." MOTION BY COMMISSIONER HOVEY. SECONDED B COMMISSIONER McGINNIS. DISCUSSION. .,m VOTE: COMMISSIONER KREBS: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER McGINNIS: AYE guer COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. Mayor Bush commented on the status of the Board of Adjustment and asked, "Do we need to let them know - what is going on." Attorney Garganese explained, "There is an Ordinance that is going to be coming back on that." Additionally, Attorney Garganese noted, "They are still in existence until such time as the Code is changed." ❖ • AGENDA NOTE: THE FOLLOWING ADDITIONAL REPORT WAS HEARD NEXT, AS DOCUMENTED. • • REPORTS REPORTS 407. Office Of Commissioner Seat One — The Honorable Jean Hovey Commissioner Hovey noted that she attended the recent Father - Daughter Dance and complimented Chris Carson on a great job! In other City business, Deputy Mayor Brown remarked, "This 4 of July and other Events are going to keep coming back, time and time again and I would like to get a Motion for the City Manager to bring back for us an Agenda Item, a way that will solve this dilemma for us. I know he has spoken often about bringing in a third party entity - a way to bring this back to us so that we can move on with the five (5) year Plan at least, and how we are going to handle these and get them paid for so that we don't run into this quagmire year after year." Commissioner Krebs asked about having "Some kind of a question" on the City's Website to ask what citizens think about Events. Deputy Mayor Brown was in agreement, as long as costs were included. "I MAKE A MOTION THAT WE ASK THE CITY MANAGER TO COME BACK WITH A PLAN THAT WILL CARRY US THROUGH A FIVE (5) YEAR PERIOD OF RUNNING AND PAYING FOR EVENTS THAT DOES NOT INCLUDE TAXATION OF OUR CITIZENS TO DO SO." MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER HOVEY. DISCUSSION DISCUSSION FOLLOWED ON PROPOSED SURVEY QUESTION(S). CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 22, 2010 PAGE 26 OF 26 MANAGER SMITH MENTIONED THAT HE COULD OFFER THE COMIVIISSION A BASIC SURVEY AND PLACE IT ON THE CITY'S WEBSITE; AND ALSO SUGGESTED THAT FOR APPROXIMATELY A COUPLE OF HUNDRED DOLLARS, A QUESTION COULD BE INCLUDED ON THE UPCOMING GARBAGE SURVEY. MAYOR BUSH NOTED, "THE MOTION WOULD COVER YOU BRINGING THAT BACK... DEPUTY MAYOR BROWN ADDED, "...AS PART OF THE PLAN." COMMISSIONER McGINNI STATED, "THAT IS GOOD." Moos NEXT, MANAGER SMITH ADDRESSED THE 4 OF JULY EVENT AND REMARKED, "I WILL CERTAINLY DO MY BEST TO BRING BACK SOMETHING TO RESPOND TO THIS MOTION IF TM PASSES IN THE AFFIRMATIVE." MANAGER SMITH ALSO COMMENTED ON THE COST SAVINGS AT LAST YEAR'S 4 OF JULY EVENT IN COMPARISON TO THE 4 OF JULY EVENT HELD TWO (2) YEARS AGO. Tape 2 /Side B FURTHER DISCUSSION ENSUED ON SPONSORSHIP OPPORTUNITIES AND THE CITY HOLDING REVENUE NEUTRAL EVENTS AT SOME POINT. DEPUTY MAYOR BROWN REITERATED HIS MOTION AS, "COMING BACK WITH A - FIVE YEAR (5) PLAN, MAKING THIS A REVENUE NEUTRAL EVENT, STARTING THIS YEAR. THAT WAS MY MOTION; AND THE CITY MANAGER HAS THE ABILITY TO GO BACK AND DO THAT SURVEY AS PART OF DEVELOPING HIS PLAN." VOTE: COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: NAY COMMISSIONER KREBS: AYE DEPUTY MAYOR BROWN: AYE MOTION CARRIED. ADJOURNMENT Mayor Bush adjourned the Regular Meeting at 7:41 p.m. RESPECTFULLY SUBMITTED: ANDREA LORENZO - LUACES, MMC CITY CLERK APPROVED: MAYOR JOHN F. BUSH NOTE: These Minutes were approved at the , 2010 City Commission Regular Meeting. CITY OF WINTER SPRINGS, FLORIDA „ O� A � 2 U (i) Incorporated 1959 •4 LORION CITY COMMISSION MINUTES REGULAR MEETING MONDAY, FEBRUARY 22, 2010 - 5:15 P.M. CITY HALL — COMMISSION CHAMBERS 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA Mayor John F. Bush Commissioner Jean Hovey - Seat One Deputy Mayor Rick Brown - Seat Two Commissioner Gary Bonner - Seat Three Commissioner Sally McGinnis - Seat Four Commissioner Joanne M. Krebs - Seat Five CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 22, 2010 PAGE 2 OF 26 CALL TO ORDER The Regular Meeting of Monday, February 22, 2010 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 Rick Brown, present Commissioner Jean Hovey, present Commissioner Gary Bonner, arrived at 5:17 p.m. Commissioner Sally McGinnis, present Commissioner Joanne M. Krebs, present City Manager Kevin L. Smith, present City Attorney Anthony A. Garganese, arrived at 5:17 p.m. Under Agenda Changes, Mayor Bush explained that Awards and Presentations "300" has been moved to the March 8 2010 Meeting. City Manager Kevin L. Smith and Mayor Bush noted that the Oviedo - Winter Springs Regional Chamber of Commerce had requested this change. INFORMATIONAL AGENDA INFORMATIONAL 100. Community Development Department REQUEST: Advising The City Commission Of The Status Of Various Current Planning Projects. FISCAL IMPACT: There Is No Fiscal Impact Associated With This Agenda Item. COMMUNICATION EFFORTS: No Communication Efforts Beyond The Advertising Of The Commission Agenda Are Necessary In Conjunction With This Agenda Item. RECOMMENDATION: The City Commission Is Being Asked To Review And Accept The Information In This Agenda Item. This Agenda Item was not specifically discussed. INFORMATIONAL 101. Office Of The City Manager REQUEST: Transmitting the City's Fiscal Year 2010 1 Quarter Financial Report. FISCAL IMPACT: N/A COMMUNICATION EFFORTS: None. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 22, 2010 PAGE 3 OF 26 RECOMMENDATION: It Is Recommended That The City Commission Receive The Attached Financial Report. No discussion was noted related to this Agenda Item. INFORMATIONAL 102. Office Of The City Manager REQUEST: Providing The Investment Report For The First Quarter FY (Fiscal Year) 2010 (Ending December 31, 2009) As Prepared By PFM Asset Management LLC. FISCAL IMPACT: The $17,500.00 Annual Fee Charged By PFM (Asset Management LLC) Is A Budgeted Expense In The FY (Fiscal Year) 2010 Finance General Budget. The Weighted Average Yield At December 31, 2009 Is 0.67 %. COMMUNICATION EFFORTS: None RECOMMENDATION: It Is Recommended That The City Commission Receive The Attached Investment Report. There was no particular discussion on this Agenda Item. "MOTION TO APPROVE" (INFORMATIONAL AGENDA). MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BROWN: AYE MOTION CARRIED. CONSENT AGENDA CONSENT 200. Office Of The City Manager REQUEST: Requesting That The City Commission Approve The FY (Fiscal Year) 2011 Budget Calendar. FISCAL IMPACT: N/A COMMUNICATIONS EFFORTS: The 2011 Budget Calendar Will Be Posted To The Website Within A Week Of Approval. RECOMMENDATION: City Manager Recommends That The City Commission Approve The FY (Fiscal Year) 2011 Budget Calendar. No discussion was noted related to this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 22, 2010 PAGE 4 OF 26 CONSENT 201. Office Of The City Clerk REQUEST: Requesting The City Commission Approve The February 1, 2010 City Commission Workshop Minutes. FISCAL IMPACT: There Is No Specific Fiscal Impact To This Agenda Item. COMMUNICATION EFFORTS: These Minutes Have Been Distributed To The Mayor And City Commission, City Manager, City Attorney, And Department Directors; Placed In Press Packets; Placed In The Lobby Binder; And Are Available On The City's Website, LaserFiche, And The City's Server. RECOMMENDATION: The City Commission Is Respectfully Requested To Approve The February 1, 2010 City Commission Workshop Minutes. This Agenda Item was not specifically discussed. CONSENT 202. Office Of The City Clerk REQUEST: Requesting The City Commission Approve The February 8, 2010 City Commission Regular Meeting Minutes. FISCAL IMPACT: There Is No Specific Fiscal Impact To This Agenda Item. COMMUNICATION EFFORTS: These Minutes Have Been Distributed To The Mayor And City Commission, City Manager, City Attorney, And Department Directors; Placed In Press Packets; Placed In The Lobby Binder; And Are Available On The City's Website, LaserFiche, And The City's Server. RECOMMENDATION: The City Commission Is Respectfully Requested To Approve The February 8, 2010 City Commission Regular Meeting Minutes. No discussion was noted related to this Agenda Item. CONSENT 203. Office Of The City Clerk REQUEST: Requesting The City Commission Approve The February 11, 2010 City Commission Special Meeting Minutes. FISCAL IMPACT: There Is No Specific Fiscal Impact To This Agenda Item. COMMUNICATION EFFORTS: These Minutes Have Been Distributed To The Mayor And City Commission, City Manager, City Attorney, And Department Directors; Placed In Press Packets; Placed In The Lobby Binder; And Are Available On The City's Website, LaserFiche, And The City's Server. RECOMMENDATION: The City Commission Is Respectfully Requested To Approve The February 11, 2010 City Commission Special Meeting Minutes. There was no particular discussion on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 22, 2010 PAGE 5 OF 26 "MOTION TO APPROVE" (CONSENT AGENDA). MOTION BY COMMISSIONER McGINNIS. SECONDED BY DEPUTY MAYOR BROWN. DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Office Of The City Manager REQUEST: Requesting The City Commission Hear A Presentation From The Oviedo — Winter Springs Regional Chamber Of Commerce. As noted earlier in the Meeting, this Agenda Item has been moved to the March 8 2010 City Commission Regular Meeting, as requested by a representative of the Oviedo - Winter Springs Regional Chamber of Commerce. • • AGENDA NOTE: THE FOLLOWING REPORTS WERE PRESENTED IN THE ORDER DOCUMENTED. ❖ • REPORTS REPORTS 401. Office Of The City Manager — Kevin L. Smith Manager Smith spoke of the Strategic Plan process and commented on an upcoming transparency addition to our "Website that was deemed the `Winter Springs Checkbook'," and noted that he was planning to publish the `Winter Springs Checkbook' this week, which would provide "The availability of financial information on our Website." Manager Smith added, "With your blessing, we will be going live with this, this week." No objections were noted — Deputy Mayor Brown remarked, "That is great" and Mayor Bush stated, "That is good." Commissioner Gary Bonner arrived at 5:17 p.m. City Attorney Anthony A. Garganese arrived at 5:17 p.m. REPORTS 402. Office Of The City Clerk — Andrea Lorenzo - Luaces, MMC City Clerk Andrea Lorenzo - Luaces asked if the City Commission was interested in holding the next Board and Committee Appreciation Event. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 22, 2010 PAGE 6 OF 26 "I MOVE THAT WE HAVE ANDREA (LORENZO - LUACES) COME BACK WITH SOME OPTIONS FOR A VOLUNTEER ADVISORY EVENT." MOTION BY COMMISSIONER McGINNIS. MAYOR BUSH ADDED, "...THAT WOULD BE DATES..." COMMISSIONER McGINNIS SAID, "...YES..." MAYOR BUSH ADDED, "AND - PLACES TO HOLD IT AND MENUS AND THE WHOLE THING..." COMMISSIONER McGINNIS CONTINUED, "...PRICES, ETC." SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER BONNER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BROWN: AYE MOTION CARRIED. REPORTS 403. Office Of Commissioner Seat Three — The Honorable Gary Bonner Commissioner Bonner spoke of letter from Shelley's Environmental Systems. Discussion followed with Mr. Kip Lockcuff, P.E., Director, Public Works/Utility Departments. Commissioner Bonner then commented on an email from Ms. Cynthia Fire related to a fire in the Highlands last year. Manager Smith and Members of the City Commission addressed this issue and noted that a Permit has been issued. Mayor Bush asked, "No one really got a hold of her, talked to her ?" Commissioner Sally McGinnis stated, "I answered her." Mayor Bush added, "That everything is okay, and moving along. Somebody ought to do that - it would have been nice if we had followed up with her." Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department stated, "I totally agree with you Mayor." Next, Commissioner Bonner asked Attorney Garganese about a matter that went before the Code Enforcement Board related to "Our recently modified Ordinance addressing citizens' abilities to park commercial vehicles on their residential property may now possibly be in conflict with some - guidelines or rules or Covenants that exist within some of the business licensing or Tax Certificates that we are issuing." Attorney Garganese said he would check the comparatives and that City Staff was looking into this. Commissioner Bonner said, "Regarding the possible inconsistency between Ordinance and our Business Licensing that you were pursuing, can you research it, to bring that back - to us, in case it does warrant our review ?" Attorney Garganese remarked, "I am doing that." Attorney Garganese added, "It will probably be done this week." With agreement by Commissioner Bonner, Attorney Garganese added, "By next Meeting, certainly." Commissioner Bonner commented on a recent review of the City's Committees and that he had suggested to Manager Smith the creation of a Citizens Economic Development Committee which could provide the City Commission and City Staff some insight related to "Our Economic Development initiatives." Commissioner Bonner suggested this either be discussed this evening or the City Manager could bring an Agenda Item to the City Commission. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 22, 2010 PAGE 7 OF 26 Manager Smith responded that he had discussed this with the City of Oviedo's City Manager and he had also asked Land Design Innovations, Inc. to assist. Manager Smith then advised the City Commission, "So, that's programmed on their work list to come back to this Commission." Commissioner Bonner stated, "I am comfortable that you have assigned it to them as an action item to bring forward - to us." REPORTS 404. Office Of Commissioner Seat Four — The Honorable Sally McGinnis No Report. REPORTS 405. Office Of Commissioner Seat Five — The Honorable Joanne M. Krebs Commissioner Joanne M. Krebs asked about the two (2) new City Advisory Committees related to Parks and Trails, and inquired whether a Text Amendment could change the proposed two (2) new Committees to just one (1) Committee. Discussion followed with Mr. Stevenson and Ms. Eloise Sahlstrom, ASLA, AICP, Senior Planner, Community Development Department who explained that the previously referenced and proposed Trails Committee would actually be referred to as a Bicycle Pedestrian Advisory Committee. Commissioner Krebs asked when this issue will come back to the City Commission? Manager Smith remarked, "It is on our program list." Manager Smith added, "I can't see why it should take too long." Next, Commissioner Krebs asked when the bus benches will be in. Ms. Sahlstrom responded by saying, "LYNX has put in the order so they are being manufactured." Ms. Sahlstrom added, "It's very much, in the process." Lastly, Commissioner Krebs commented on the recent State of the County event and that different photographs of Seminole County were shown, and thought perhaps Winter Springs could have some kind of contest with the winner getting their photograph displayed on the City's Website, and perhaps runner -ups' photographs could also be shown on our Website. Discussion followed on whether the Website had enough capacity for this type of addition. "I WOULD LIKE TO MAKE A MOTION THAT THE CITY MANAGER INVESTIGATE THE POSSIBILITY OF SOME TYPE OF PHOTO CONTEST DISPLAYING CITIZEN'S PHOTOS ON OUR WEBSITE, AS WE JUST DISCUSSED." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. COMMISSIONER BONNER ASKED WHETHER THE BEAUTIFICATION OF WINTER SPRINGS BOARD COULD ASSIST WITH THIS. COMMISSIONER KREBS STATED, "THAT IS FINE." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 22, 2010 PAGE 8 OF 26 VOTE: COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BROWN: AYE MOTION CARRIED. REPORTS 406. Office Of The Mayor — The Honorable John F. Bush Mayor Bush noted that tomorrow there will be a Public Hearing related to LYNX at Seminole State College, at the Student Services Building from 9:00 - 11:00 a.m. and suggested someone from City Staff should attend. Next, Mayor Bush spoke of Enclaves and a related Interlocal Agreement and noted, "I think the Commission needs to make a Motion that we move - the putting together of this Interlocal Agreement and get it going; because the County has said this is all they need." "I WOULD BE HAPPY TO MAKE THAT MOTION." MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. MAYOR BUSH SUMMARIZED, "MOTION THAT WE MOVE FORWARD WITH AN INTERLOCAL AGREEMENT FOR ANNEXATION PURPOSES WITH SEMINOLE COUNTY." COMMISSIONER McGINNIS ASKED IF THE CITY COMMISSION HAD ALREADY ASKED FOR THIS? ATTORNEY GARGANESE STATED THAT HE HAD ALREADY BEEN INSTRUCTED TO HANDLE THIS AND HAS BEEN WORKING ON AN AGREEMENT. ATTORNEY GARGANESE ADDED, "IT IS THE MORE NUANCE PROVISIONS OF THE INTERLOCAL SERVICE BOUNDARY AGREEMENT ACT WHICH HAS REALLY DELAYED ME, BECAUSE I THINK THERE ARE MORE OPPORTUNITIES FOR ANNEXATIONS UNDER THE NEW ACT THAT WAS NOT IN EXISTENCE WHEN THE OTHER TWO (2) CITIES ENTERED INTO THEIR AGREEMENT." ATTORNEY GARGANESE THEN SAID, "THE SIMPLE AGREEMENT, WHAT EVERYONE ELSE HAS DONE, I CAN BRING BACK AT THE NEXT MEETING, BUT IT WOULD NOT COVER SOME OF THE OTHER ISSUES WHICH CAN BE COVERED THROUGH ISBAA ( INTERLOCAL SERVICE BOUNDARY AGREEMENT ACT)." MANAGER SMITH ADDED, "I WOULD LIKE TO COME BACK TO THE COMMISSION AND ASK YOU ALL TO MAYBE FORMULATE IN YOUR MINDS, AND YOU MAY HAVE ALREADY, YOUR THOUGHT PROCESS ON NOT THE ENCLAVES, BUT OUR BOUNDARIES. I AM NOT SUGGESTING IN ANY SHAPE OR FASHION THAT WE START TO MOVE OUR BOUNDARIES." FURTHERMORE, MANAGER SMITH ADDED, "JUST A GENERAL THOUGHT PROCESS TO HELP ME NOTICE THINGS AND TO HELP RANDY (STEVENSON) NOTICE THINGS TO COME FORWARD, WHERE WE WANT TO BE." COMMISSIONER KREBS ASKED HOW THE COMMISSION COULD HELP? CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 22, 2010 PAGE 9 OF 26 DEPUTY MAYOR BROWN COMMENTED, "I AM WONDERING IF THIS REALLY NEEDS TO COME BACK AS AN AGENDA ITEM AT SOME POINT, BECAUSE THERE IS A LOT OF BUSINESS TAX REVENUE HEADING SOUTH THAT IS UNINCORPORATED, AND IF YOU WANT TO LEAVE THE DOOR OPEN FOR DISCUSSION AND NEGOTIATIONS WHEN THE APPROPRIATE TIME COMES ON ANY OF THAT MOVEMENT - DOES THAT NEED TO BE INCORPORATED INTO THIS AGREEMENT AT THIS TIME, OR ARE YOU COMFORTABLE WITH DOING A SIMPLE AGREEMENT NOW, AND LOOKING AT THAT IN ANOTHER AGENDA ITEM ?" MANAGER SMITH SAID, "I WOULD SUGGEST THAT WE MOVE FORWARD WITH THIS SIMPLE AGREEMENT. LET'S TAKE CARE OF THIS - ENCLAVES ISSUE SOONER THAN LATER." ADDITIONALLY, MANAGER SMITH EXPLAINED, "MY RECOMMENDATION IS THAT WE MOVE FORWARD WITH THE ENCLAVES AGREEMENT EXPEDITIOUSLY — LET'S GET THAT TIED UP; AND THEN - THE NEXT STEP WOULD BE TO HAVE THAT CONVERSATION ABOUT WHERE DO WE SEE OUR BOUNDARIES GOING IN THE FUTURE, IF ANYWHERE." DEPUTY MAYOR BROWN SUGGESTED, "TAKE CARE OF THE ENCLAVES ISSUE - WE CAN DO THAT FOR THE NEXT MEETING ?" ATTORNEY GARGANESE REMARKED, "YES, WITH A BASIC AGREEMENT THAT EVERYONE ELSE HAS DONE, YES." ATTORNEY GARGANESE THOUGHT HE MIGHT SPEAK WITH SEMINOLE COUNTY ON THE INTERLOCAL SERVICE BOUNDARY AGREEMENT ACT. MAYOR BUSH ASKED, "CAN YOU DO IT BY THE FIRST MEETING IN MARCH ?" ATTORNEY GARGANESE SAID, "I CAN PURSUE IT." ATTORNEY GARGANESE SUGGESTED HIS DIRECTION BE THAT HE PURSUE THIS MEETING AS HE HAD NOTED. MAYOR BUSH COMMENTED, "OKAY." NO OBJECTIONS WERE VOICED. MANAGER SMITH THEN SAID TO THE CITY COMMISSION, "I FEEL THE SAME WAY. LET ME ASK - IF YOU WOULD CONSIDER GIVING ANTHONY (GARGANESE) AND I SOME FLEXIBILITY ON THE TIMELINE AND WE WILL REPORT TO THIS COMMISSION AT EVERY MEETING FROM THIS POINT OUT - JUST AN UPDATE UNDER THE SEATS, SO YOU KNOW THE STATUS, UNTIL WE ARE DONE." MAYOR BUSH STATED, "OKAY." COMMISSIONER KREBS ADDED, "I WAS JUST GOING TO ASK THAT WE WAIT UNTIL ANTHONY (GARGANESE) HAS AN OPPORTUNITY SOON TO DISCUSS THAT ISSUE THAT HE IS TALKING ABOUT AND THAT YOU BRING THAT BACK." MAYOR BUSH STATED, "THE MOTION THAT WAS MADE IS NO LONGER NEEDED, SO I WILL CALL IT "OUT OF ORDER" SINCE IT HAS ALREADY BEEN DONE." Next, Mayor Bush noted that he and Deputy Mayor Rick Brown had attended a recent meeting of the Oviedo - Winter Springs Chamber Trustees and that it seemed that SeminoleWAY was on the back burner with Seminole County. Mayor Bush suggested "We need to at least say something about it, and if not, get with Oviedo and maybe move forward without worrying about the County." Manager Smith commented on recent developments associated with the GreeneWay Interchange District and noted, "It is moving forward." Mayor Bush said to the City Commission, "I would like to write a letter to the Chair of the (Seminole) County Commission asking why they aren't moving forward on this ?" Commissioner Krebs and Commissioner McGinnis stated, "Go ahead." With no objections noted, Mayor Bush added, "Kevin (Smith) and I will work on that." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 22, 2010 PAGE 10 OF 26 Next, Mayor Bush thanked Mr. Chuck Pula, Director, Parks and Recreation Department for getting a trailer moved from Central Winds Park. Further, Mayor Bush asked if anyone else would be on the Winter Springs float at the upcoming Mardi Gras event with him. With brief comments, it was noted that no Commissioners were able to attend due to prior commitments. In conclusion, Mayor Bush asked if anyone on the City Commission wanted to form a Bowling League for Envision Seminole/Leadership Seminole. Commissioner Bonner and Deputy Mayor Brown noted they were already on other Teams. Additionally on the upcoming Mardi Gras Event. Commissioner Bonner suggested the Police Explorers could possibly be invited to join Mayor Bush on the Winter Springs float. REPORTS 407. Office Of Commissioner Seat One — The Honorable Jean Hovey Commissioner Jean Hovey asked Manager Smith about the status of the next Winter Springs- Oviedo Joint Meeting and whether any dates had been suggested by the City of Oviedo. Manager Smith mentioned that Oviedo's City Manager said he would get back with him, but has not heard anything further. Next, Commissioner Hovey mentioned that Indian Trails Middle School is still asking about an electronic sign and advised Mr. Stevenson that he could expect a call from Indian Trails Middle School related to this issue. Commissioner Hovey then commented on recent emails related to Keeth Elementary Schools drop- off /pick -up issues. Lastly, Commissioner Hovey noted that she would not be at the March 8 2010 City Commission Regular Meeting. REPORTS 408. Office Of Commissioner Seat Two/Deputy Mayor — The Honorable Rick Brown No Report. PUBLIC INPUT Mr. Michael Ray Messer, 620 Dolphin Road, Winter Springs, Florida: commented on a letter related to hauling and disposing of wastewater; spoke of rates; and noted that it would need to be watered down before being removed. ❖ ❖ AGENDA NOTE: THE FOLLOWING REPORT WAS HEARD NEXT, AS DOCUMENTED, FOLLOWED BY THE REST OF THE AGENDA. ❖ ❖ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 22, 2010 PAGE 11 OF 26 REPORTS REPORTS 400. Office Of The City Attorney — Anthony A. Garganese, Esquire Attorney Garganese spoke for the Record on the Gump Case, and said, "The City prevailed in that lawsuit." Next, Attorney Garganese advised the City Commission about the first Meeting of the Winter Springs Ad Hoc Charter Review Committee, and commented on the Election of Chairperson and Vice Chairperson; a PowerPoint presentation; and the schedule. Attorney Garganese noted that he would provide the City Commission with a copy of the Comparative worksheets, through the City Clerk. PUBLIC HEARINGS AGENDA - PART I PUBLIC HEARINGS 500. Community Development Department REQUEST: Requests The City Commission Hold A Public Hearing First Reading Of Ordinance 2010 -03, Amending The List Of Permitted, Conditional, And Prohibited Uses In The I -1 Industrial Zoning District And Amending Certain Related Definitions In The Zoning Code. FISCAL IMPACT: There Is No Immediately Known Fiscal Impact To The City. However, Allowing The Existing Use To Continue In Operation And To Expand/Upgrade Will Mean Continued And Possibly Enhanced Property Tax Revenues To The City. COMMUNICATION EFFORTS: January 24, 2010 — Public Noticing In The Orlando Sentinel Of Local Planning Agency Public Hearing February 3, 2010 — Public Hearing Before The Local Planning Agency February 11, 2010 — Public Noticing In The Orlando Sentinel Of The First Reading Of Ordinance 2010 -03 TENATATI:VE IMPLEMENTATION SCHEDULE: February 22, 2010 — First Reading Of Ordinance 2010 -03 Before The City Commission February 28, 2010 — Public Noticing In The Orlando Sentinel (Display Ad - 5 Days Prior To Adoption) March 8, 2010 — Possible Second Reading/Adoption Of Ordinance 2010 -03 RECOMMENDATION: PLANNING & ZONING BOARD/LOCAL PLANNING AGENCY RECOMMENDATION The Planning & Zoning Board Held A Public Hearing On February 3, 2010 And Recommended Approval Of Ordinance 2010 -03 With The Addition Of Language To Paragraph 10 Of The Ordinance Allowing The Recycling Of Non - Hazardous Materials. STAFF RECOMMENDATION: Staff Recommends, Based Upon The Findings Contained In This Agenda Item And The Review And Recommendation Of The P &Z (Planning And Zoning) Board, That The City Commission Hold A Public Hearing For First Reading Of Ordinance 2010 -03, Consider The Additional Language That Resulted From The P &Z (Planning And Zoning) Board's Discussion Of This Item, And Move The Ordinance To Second Reading. Mayor Bush asked, "Can we have a Motion to read by `Title' only ?" CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 22, 2010 PAGE 12 OF 26 "SO MOVED." MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. Tape 1 /Side B VOTE: COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" only. Mr. Stevenson introduced this Agenda Item for discussion and remarked, "Subsequent to the - Ordinance being written, there was a request from the Applicant that we not only do secondary metal recycling but that we include recycling of non - hazardous materials. That verbiage was presented to the Planning And Zoning Board(/Local Planning Agency) and you can see in their Recommendation, they recommended Approval with the addition of that language in item (10) of the Ordinance. We have had subsequent conversations and what we would probably move forward with - is that between First and Second Reading, we would get together with the Applicant and work out the final details." With further comments, Mr. Stevenson noted, "We would recommend tonight that you consider the request by Mr. (Bart) Phillips as presented in the recommendation of the Planning And Zoning Board(/Local Planning Agency) and that you allow us to work with Mr. (Bart) Phillips in between First and Second Reading and move this item on to Second Reading." Commissioner McGinnis inquired, "How do we know that it is always non - hazardous materials ?" Mr. Stevenson responded, "If this moves forward - we would detail that in the Text Amendment so it would be in the Code as - a Permitted Use in the `I -1'." Mr. Stevenson added, "As far as monitoring it, I would assume Mr. (Bart) Phillips would obviously know the rules and regulations and would know what he could accept and what he could not, because it would - need to be mutually agreeable language prior to Second Reading. That is what we intend to do anyway." Brief discussion followed on Infractions and Fines and Commissioner McGinnis asked if we would be assured there would not be additional Environmental Infractions. Mr. Stevenson explained, "Between First and Second Reading, there is a process detailed in Chapter 2 (Administration) for the reducing and Waiving of Fines. We would intend to bring that forward. They write a letter to me actually. I take it to the Code Enforcement Board and then it would come back to you in the form of a Recommendation from the Code Enforcement Board. There were some Fines for a period of time back in [20]'04 - [20]'05. My understanding from our Code Enforcement Officer — Captain (Glenn) Tolleson is that they been in Compliance since that date and therefore, would be coming back through that process to address these Fines and would like to tie it all together with the final language for the Ordinance and addressing the Fines at the same Meeting for you." 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. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 22, 2010 PAGE 13 OF 26 "MOTION TO MOVE TO SECOND READING." MOTION BY COMMISSIONER KREBS. SECONDED BY DEPUTY MAYOR BROWN. DISCUSSION. ATTORNEY GARGANESE SAID, "JUST CLARIFICATION ON THE RECOMMENDATION OF THE PLANNING AND ZONING BOARD(/LOCAL PLANNING AGENCY)..." COMMISSIONER KREBS NOTED, "...YES - SOMEONE IS GOING TO GET WITH MR. (BART) PHILLIPS AND DISCUSS THE ADDITIONAL LANGUAGE, FOR WHAT HE CAN DO." ATTORNEY GARGANESE NOTED, "I JUST WANTED TO MAKE SURE THAT THAT WAS INTENDED IN YOUR MOTION." COMMISSIONER KREBS THEN SAID, "IT IS INTENDED." VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. PUBLIC HEARINGS 501. Community Development Department REQUEST: Presents To The City Commission An Aesthetic Review Request For An Approximately 3,500 Square Foot (SF) Daycare Facility Within The R -3 (Multiple Family Dwelling) Zoning District. FISCAL IMPACT: The Seminole County Property Appraiser's Office States That, Within Seminole County, The Average Building Size For A Daycare Center Is 5,528 S.F. (Square Foot) (This Facility Will Be Approximately 3,500 S.F. (Square Foot)) And That The Average Just Value Of These Facilities Is $110.70 Per Square Foot. Therefore, Without Knowing Further Specifics, The Estimated Total Just Value Of The Facility Is $387,450.00 (3500 SF (Square Foot) X $110.70). The Applicant Projects 3 Full -Time And 2 Part -Time Employees. Tax Revenue Projections Are As Follows: 3,500 Square Feet - Assessed At $110.70 /Square Foot: $387,450.00 Assessed Tax Value $387,450.00/1000 = $ 387.45 $387.45 (2.5814) = $1,000.16 $1,000.16 (Less The 4% Statutory Discount) = $960.16 Tax Revenue COMMUNICATION EFFORTS: Neighboring Properties Within 150 Feet Of The Site Were Notified In Writing And Signs Were Placed At The Site For Both The Conditional Use And The Building Setback Waiver. No Further Efforts Have Been Made For The Aesthetic Review, Beyond Those Routinely Done By The City Clerk's Office. Further Notification Is Required If The Applicant Seeks A Waiver From The Wall Requirement (To Extend The Vinyl Fence Along The Adjacent Residential Property). CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 22, 2010 PAGE 14 OF 26 RECOMMENDATION: STAFF RECOMMENDATION: Staff Recommends That The City Commission Approve The Aesthetic Review Plans. Mr. John Baker, AICP, Senior Planner, Community Development Department presented this Agenda Item for 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 KREBS. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. MAYOR BUSH ADDED, "MOTION TO ACCEPT AESTHETIC REVIEW." VOTE: DEPUTY MAYOR BROWN: AYE COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. PUBLIC HEARINGS 502. Community Development Department REQUEST: Requests That The City Commission Hold A Public Hearing For Ordinance 2010 -04, Amending The City's Tree Code To Address Energy Devices Based On Renewable Resources. FISCAL IMPACT: Given Section 163.04, Florida Statutes, The Draft Ordinance May Have A Negative Impact On Future Tree Bank Contributions. COMMUNICATION EFFORTS: Jan. (January) 24, 2010 — Public Noticing In The Orlando Sentinel Of Local Planning Agency Public Hearing P &Z/LPA (Planning And Zoning Board/Local Planning Agency) Agenda Item Posted In City Hall And On The City's Website Feb. (February) 3, 2010 — Public Hearing Before The Planning & Zoning Board/Local Planning Agency Commission Agenda Item Will Be Posted At City Hall And Posted On City's Website Feb. (February) 22, 2010 — 1 Reading & Public Hearing before the City Commission Tentative Implementation Schedule: Feb. (February) 25, 2010 — Public Noticing In The Orlando Sentinel 10 Days Before Adoption Public Hearing Mar. (March) 8, 2010 — 2' Reading/Adoption Public Hearing Before The City Commission CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 22, 2010 PAGE 15 OF 26 RECOMMENDATION: P &Z/LPA (Planning And Zoning Board/Local Planning Agency) Recommendation - The Planning & Zoning Board/Local Planning Agency Held A Public Hearing On Ordinance 2010 -04 And After Much Discussion, Voted Unanimously (5 -0) To Recommend Adoption Of The Draft Ordinance With The Language Amended, Removing The Term "Clothesline': Staff Recommendation - The City Attorney Recommends That The City Commission Hold A Public Hearing On The First Reading Of The Ordinance, Consider The Recommendation Of The Planning & Zoning Board, And Make Any Changes To The Draft Ordinance Deemed Appropriate Before Moving It To Second Reading. Mayor Bush said, "Can we have a Motion to read by `Title' only ?" "SO MOVED." MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" only. Mr. Stevenson spoke on this Agenda Item and discussion followed on clotheslines. 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 MOVE TO SECOND" (READING). MOTION BY COMMISSIONER KREBS. SECONDED. DISCUSSION. COMMISSIONER KREBS ADDED, "LEAVING IN CLOTHESLINES, AS PRESENTED." VOTE: COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 22, 2010 PAGE 16 OF 26 PUBLIC HEARINGS 503. Community Development Department — Planning Division REQUEST: Requests That The City Commission Hold A Public Hearing For First Reading Of Ordinance 2010 -02, Amending Section 20 -211. Front, Rear And Side Yard Regulations Of The City Code Regarding Zero Lot Line Properties In The R -3 Zoning District. FISCAL IMPACT: Improvements That Are Installed On Existing Residential Properties Typically Result In An Increase To The Taxable Value Of The Property And Of The Neighborhood. In This Case, The Value Lies Primarily In The Property Owner Upgrading His Investment. COMMUNICATION EFFORTS: Jan. (January) 24, 2010 — Public Noticing In The Orlando Sentinel Of P &Z/LPA (Planning And Zoning Board/Local Planning Agency) Public Hearing P &Z/LPA (Planning And Zoning Board/Local Planning Agency) Agenda Item Posted On City's Website Feb. (February) 3, 2010 — Public .Hearing Before The P &Z/LPA (Planning And Zoning/Local Planning Agency) Commission Agenda Item Posted On City's Website Feb. (February) 22, 2010 —1 Reading & Public Hearing Before The City Commission Tentative Implementation Schedule: Feb. (February) 22, 2010 —1 Reading & Public Hearing Before The City Commission Mar. (March) 8, 2010 — 2° Reading /Adoption Public Hearing Before The City Commission RECOMMENDATION: P &Z/LPA (Planning And Zoning Board/Local Planning Agency) Recommendation - The Planning & Zoning Board/Local Planning Agency Held A Public Hearing On Ordinance 2010 -02 And Voted Unanimously (5 -0) To Recommend Adoption To The City Commission. Staff Recommendation - Staff Recommends That The City Commission Hold A Public Hearing For First Reading Of Ordinance 2010 -02, Amending Section 20 -211. Front, Rear And Side Yard Regulations Of The City Code Regarding Zero Lot Line Properties In The R -3 Zoning District. Mayor Bush asked, "Can we have a Motion to read by `Title' only ?" "SO MOVED." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER BONNER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BROWN: AYE MOTION CARRIED. Attorney Garganese read Ordinance 2010 -02 by "Title" only. Ms. Sahlstrom spoke on this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 22, 2010 PAGE 17 OF 26 Mayor Bush opened the "Public Input" portion of the Agenda Item. Ms. Ginny More, 270 San Gabriel Street, Winter Springs, Florida: commented on wanting to get her patio enclosed; and Appraisals on her property. Mayor Bush closed the "Public Input" portion of the Agenda Item. "MOTION TO MOVE TO SECOND READING." MOTION BY COMMISSIONER McGINNIS. SECONDED DEPUTY MAYOR BROWN. DISCUSSION. VOTE: DEPUTY MAYOR BROWN: AYE COMMISSIONER HOVEY: AYE COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. ❖ ❖ AGENDA NOTE: PUBLIC HEARINGS AGENDA — PART II WAS DISCUSSED NEXT, FOLLOWED BY THE REGULAR AGENDA, AS DOCUMENTED. ❖ ❖ PUBLIC HEARINGS AGENDA - PART II PUBLIC HEARINGS 504. Community Development Department — Planning Division REQUEST: The Community Development Department Requests The City Commission Hold A Public Hearing For First Reading Of Ordinance 2010 -01, Which Changes The Zoning Designation For The State Road 419 Frontage Within The Deersong Subdivision Between Moss Road And Sherry Ave., Equaling 3.5 Acres More Or Less From "C -1 (Neighborhood Commercial)" To (Winter Springs) "R -3 (Multiple Family Dwelling Zoning District) ". FISCAL IMPACT: These Area Was Developed As Zero Lot Line As Single Family Residential Units In The 1990's And Current Property Taxes Reflect That Use. Therefore, The Zoning Change Is Expected To Result In NO Fiscal Impact To The City. COMMUNICATION EFFORTS: Jan. (January) 15, 2010 — Letters Sent To Property Owners Noticing P &Z (Planning And Zoning Board) Public Hearing Jan. (January) 15, 2010 — Letters Sent To Property Owners Within 150' Of The Subject Property Jan. (January) 22, 2010 — Letters Sent To Property Owners Noticing ALL Public Hearings Jan. (January) 18, 2010 — Signage Placed On Subject Property Under Consideration For Rezoning Jan. (January) 24, 2010 — Public Noticing In The Orlando Sentinel Of P &Z (Planning And Zoning Board)/LPA (Local Planning Agency) Public Hearing P &Z (Planning And Zoning Board)/LPA (Local Planning Agency) Agenda Item Posted On City's Website Feb. (February) 3, 2010 — Public Hearing Before The P &Z/LPA (Planning And Zoning Board /Local Planning Agency) Commission Agenda Item Posted In City Hall And Posted On City's Website Feb. (February) 22, 2010 —1 Reading & Public Hearing Before The City Commission CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 22, 2010 PAGE 18 OF 26 Tentative Implementation Schedule: Feb. (February) 22, 2010 —1 Reading & Public Hearing Before The City Commission Mar. (March) 8, 2010 — 2 Reading /Adoption Public Hearing Before The City Commission RECOMMENDATIONS: P &Z/LPA (Planning And Zoning Board/Local Planning Agency) Recommendation - The Planning & Zoning Board/Local Planning Agency Held A Public Hearing On Ordinance 2010 -01 And Voted Unanimously (5 -0) To Recommend Adoption To The City Commission. Staff Recommendation - Staff Recommends That The City Commission Hold A Public Hearing For First Reading Of Ordinance 2010 -01, Which Changes The Zoning Designation For The State Road 419 Frontage Within The Deersong Subdivision Between Moss Road And Sherry Avenue Equaling 3.5 Acres More Or Less From "C -1 (Neighborhood Commercial)" To (Winter Springs) "R -3 (Multiple Family Dwelling Zoning District) ". Mayor Bush remarked, "Can I have a Motion to read by `Title' only?" "SO MOVED." MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER BONNER: AYE COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BROWN: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" only. Ms. Sahlstrom commented 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. "MOTION TO MOVE TO SECOND READING." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER BONNER: AYE COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 22, 2010 PAGE 19 OF 26 REGULAR AGENDA REGULAR 600. Community Development Department REQUEST: Presents To The City Commission A Request For Combined Preliminary And Final Engineering/Site Plan Approval For An Approximately 3,500 Square Foot (SF) Daycare Facility Within The R -3 (Multiple Family Dwelling) Zoning District. FISCAL IMPACT: The Seminole County Property Appraiser's Office States That, Within Seminole County, The Average Building Size For A Daycare Center Is 5,528 S.F. (Square Foot) (This Facility Will Be Approximately 3,500 S.F. (Square Foot)) And That The Average Just Value Of These Facilities Is $110.70 Per Square Foot. Therefore, Without Knowing Further Specifics, The Estimated Total Just Value Of The Facility Is $387,450.00 (3500 SF (Square Foot) X $110.70). The Applicant Projects 3 Full -Time And 2 Part - Time Employees. Tax Revenue Projections Are As Follows: 3,500 Square Feet - Assessed At $110.70 /Square Foot: $387,450.00 Assessed Tax Value $387,450.00/1000 = $ 387.45 $387.45 (2.5814) = $1,000.16 $1,000.16 (Less The 4% Statutory Discount) = $960.16 Tax Revenue COMMUNICATION EFFORTS: Neighboring Properties Within 150 Feet Of The Site Were Notified In Writing And Signs Were Placed At The Site For Both The Conditional Use And The Building Setback Waiver. No Further Efforts Have Been Made For The Site Plan. Further Notification Is Required If The Applicant Seeks A Waiver From The Wall Requirement (To Extend The Vinyl Fence Along The Adjacent Residential Property). RECOMMENDATION: P &Z/LPA (Planning And Zoning Board/Local Planning Agency) Recommendation - At Its Regularly Scheduled Meeting Of February 3, 2010, The Planning And Zoning Board Voted To Approve The Final Engineering/Site Plan For The Park Manor Daycare Facility. STAFF RECOMMENDATION - Staff Recommends The Final Engineering Plans Be Approved, Subject To Either Providing The Masonry Wall, As Depicted On The Plans, Or Subsequently Receiving A Waiver From The Wall Requirement To Extend The Vinyl Fence Along The Adjacent Residential Property To The Southwest. Mr. Baker presented this Agenda Item. "MOTION TO APPROVE." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 22, 2010 PAGE 20 OF 26 REGULAR 601. Public Works Department REQUEST: Requesting The City Commission Consider Options For Improving Access From S.R. (State Road) 434 To Sunoco And Papa Tony's. FISCAL IMPACT: No Funding Is Requested As Part Of This Agenda Item. COMMUNICATION EFFORTS: Staff Met With The Owners Of Millers' School Supply, Sunoco, Papa Tony's, And The Hayes Road Plaza On February 8, 2010. Staff Recently Contacted Each Owner And Confirmed That An Agenda Item Was Scheduled For The February 22, 2010 Meeting. RECOMMENDATION: Staff Recommends That The Commission Review The Options Described Herein And Provide Direction. Mr. Brian Fields, P.E., City Engineer, Public Works Department began the discussion on this Agenda Item and reviewed the Options with the City Commission. Commissioner McGinnis noted that she supported "Option 1" and commented on access. Next, Commissioner Hovey commented, "I see a problem with people turning left off of (State Road) 434 when they are going westbound - they are going to turn left. That is okay, but now, you are going to have people coming out of Papa Tony's and Sunoco trying to turn left and that could be a real problem." Commissioner Krebs agreed. Commissioner Hovey then inquired, "Is that addressed in maybe making that an exit? Deputy Mayor Brown and Commissioner Hovey both suggested, "Right turn only ?" Mr. Fields stated, "That would help. That's something we would look at in design." Continuing, Commissioner Hovey added, "I like `Option 3', but we need to address that right turn only." Commissioner Bonner asked if "Option 3" was agreed on, how would it be funded? Manager Smith suggested that if the Commission decided on "Option 3 ", then "My recommendation would be the 2n Generation One Cent Sales Tax." Related to "Option 2 ", Commissioner Bonner inquired, "Has anyone estimated the cost of building the cross - connect?" Discussion followed on a possible loss of parking spaces; and Commissioner Bonner then asked, "Could this be instead of a vehicle crossing, could that be a pedestrian crossing, some sort of a bridge or some sort of structure that would allow you to walk. You could park at Millers' (School Supply) and you could choose to walk across." Discussion ensued on enhancement features, Village Walk, safety improvement, and Funding options. Tape 2 /Side A Commissioner Bonner also mentioned that the Citizens Economic Development Committee he proposed earlier in the Meeting, would be a great way to have other possible options considered. With further comments, Mayor Bush asked, "Can we spend One Cent Sales Tax money on private property?" Mr. Fields stated, "I think if we met the threshold of being transportation related." Attorney Garganese said they would consider it carefully and suggested a possible "Public Easement of some sort to require the inter - connectivity so it doesn't go away." Commissioner Krebs then commented on aesthetics; getting to restaurants; and stated, "I do have a problem with people coming out and turning left; and you can put a `No Left Turn' there, and they are going to do it." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 22, 2010 PAGE 21 OF 26 Discussion followed on timelines; and what other projects might also benefit from the 2i Generation One Cent Sales Tax. Mr. Lockcuff commented on proposed projects. Commissioner Krebs added that "I like Option number `1', but I also liked - if we could have something between Millers' (School Supply) and Papa Tony's." Further comments followed on liability possibilities for Millers' School Supply. Deputy Mayor Brown added, "I just wanted to caution Brian (Fields) semantically, to not give the Commission the impression that "Unable economically" was the same as "Unwilling" in the businesses willingness to pay for that." Next, Commissioner McGinnis suggested the City Commission should be advised whether Millers' School Supply would be agreeable to potentially losing parking spaces. Discussion followed on timelines; economic issues for business owners; and a previous situation with the Bruster's business. Commissioner Bonner stated, "I too am leaning towards the `Option 2', creating the cross - connect — my thinking along these lines is it doesn't require us to change anything on (State Road) 434 so it would facilitate the access that we all want for all of these businesses. The cross - connect would also not only serve Papa Tony's, it would also serve the Sunoco - Brian's (Fields) comment about drive -by needs versus destination needs and in my thinking it would also serve the new Hayes Road Plaza because now drivers who are driving to the west would have the ability to loop back a little more elegantly to reach that 7 -11 or those other destinations on Hayes Road Plaza that they have missed. In order to support this though, I think we need to ask Staff to go back and challenge - how much room we have on that One Penny Sales Tax — and see if we couldn't figure a way to fund this and then do all of the appropriate legal things, from an Easement standpoint, etc., etc." Manager Smith said, "If there is a Consensus upon the Commission to proceed with `Option 2' then - I would recommend that we go back and Brian (Fields) needs to take a look at some stormwater drainage issues. We need to ensure that the Penny Sales Tax is eligible for this expense." Manager Smith added, "If that is your direction to go back, we will come back to the Commission with an Agenda Item for your final Approval." Commissioner Krebs commented on an explanation to previous changes on State Road 434 that she had received from Brian Fields and gave a copy of an email to the City Clerk related to this, to be shared with the Mayor and City Commission. Mr. Lockcuff pointed out, "The Easement only exists on Millers' School Supply; there is no Easement on the Papa Tony's side. So question number one (1), are they willing to give an Easement to make an `Option 2' happen? We have to ask first; and so maybe that, if that is our direction is that, and the money question." Mr. Fields added, "Look at the actual costs, as well as ask about the parking. I think you are asking for more information on `Option 2' so you can make a better decision." Commissioner Bonner noted, "The information that I am seeking is - what it would cost to do `Option 2' and can it in fact be funded by the Penny Sales Tax." Mayor Bush asked Mr. Fields what the property owners thought. Manager Smith noted, "The conversation at that time on `Option 2' was that the property owners would pay for it." Deputy Mayor Brown added, "I know we have the Easement on the Millers' School Supply side, and it appears they have ample parking. What does the loss of those two and a half (2'/2) parking spaces do to Papa Tony's ?" Mr. Fields said he would look into this. Mayor Bush asked if it would meet Code. Mr. Fields then said, "That is something we will look at in more detail though when we bring that back." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 22, 2010 PAGE 22 OF 26 "MOTION TO DIRECT THE CITY MANAGER TO DIRECT STAFF TO GO BACK AND BRING US EXACTLY BACK WHAT WE WERE TALKING ABOUT — IF THE PENNY SALES TAX CAN BE USED (THE 2' GENERATION OR WHATEVER IT IS YOU WANT TO USE), AND THE COST, AND ALSO THE EASEMENT ISSUE - ALL OF THAT WHAT WE JUST DISCUSSED." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. MAYOR BUSH SAID, "KEVIN (SMITH), BRIAN (FIELDS) - YOU UNDERSTAND ?" MR. FIELDS AND MANAGER SMITH STATED, "YES." VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. REGULAR 602. Parks And Recreation Department REQUEST: Requests That The City Commission Consider A July 4, 2010 Celebration Of Freedom Event In A Format Similar To Last Year's Event With General Fund Funding Not To Exceed $21,200.00. (This Issue Was Tabled At The January 25, 2010 Meeting. Therefore, A Motion To Remove From The Table Would Be Required For The Commission To Consider This Item.) FISCAL IMPACT: Proposed Event Budget $48,700.00 Less Projected City Sponsorships/Vendors ($20,000.00) Less Projected Cox Radio Group Sponsorships/Vendors ($ 7,500.00) Total Estimated Event Shortfall $ 21,200.00 Shortfall Fundini Sources: • Per The Commission's Direction, The City Manager Has Reviewed The City's Current General Fund "Budget Vs. Actual" Position And Determined That Sufficient Funds Are Available To Cover The Estimated $21,200.00 Shortfall, Should The Commission Desire To Go This Route. • If Parking And /Or Admission Fees Are Charged, It Would Mitigate This General Fund Expenditure. COMMUNICATION EFFORTS: Staff Will Immediately Begin Notifying The Public Regarding The July 4, 2010 Event Through E- Citizen, City Website And Local Media, Etc. Staff Will Also Aggressively Seek Sponsors And Vendors. Should The Commission Elect To Charge Any Fees, Staff Would Do Their Best To Inform Those Who Are Considering Attending And Those Who Attend About The Fee(s). CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 22, 2010 PAGE 23 OF 26 RECOMMENDATION: Staff Recommends The City Commission Provide Further Direction On The Format And Funding Of A July 4, 2010 Celebration Of Freedom Event. "I WOULD LIKE TO MAKE A MOTION TO TAKE IT OFF THE TABLE." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. Manager Smith began the discussion with comments on Funding. Commissioner Bonner remarked that he supported charging a five dollar ($5.00) per vehicle Fee; charging admission for non - residents; and hoped that some other organizations could assist with manpower. Commissioner Bonner also thought that the newly proposed Parks Committee could be in place prior to this Event, and that this new Committee could suggest other ideas. Deputy Mayor Brown noted he wanted the event to be self - funded. Commissioner Hovey said that she did not think that attendees should be charged as she felt they would go to other free 4 of July events; commented on logistics issues related to Police services; and noted that the Event should be revenue neutral. Commissioner Krebs thought Commissioner Bonner was "On the right track "; and spoke on issues related to charging or not - charging admission. Commissioner McGinnis commented on the importance of providing low - cost Events; and the quality of life for communities. Deputy Mayor Brown thought that proposed gate fees were doable but that logistics related to the Police Department would need to be considered. "I WILL MAKE THE MOTION THAT WE SEND STAFF BACK ONE LAST TIME TO COME BACK WITH A PROPOSAL THAT SHOWS US THE ABSOLUTE BEST PARTY WE COULD POSSIBLY HAVE, REVENUE NEUTRAL TO THE CITIZENS, IN THIS DIFFICULT ECONOMIC TIME." MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: COMMISSIONER McGINNIS: NAY COMMISSIONER KREBS: NAY COMMISSIONER HOVEY: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 22, 2010 PAGE 24 OF 26 REGULAR 603. Public Works Department REQUEST: Requesting The City Commission's Review Of Straw Ballot Results For The Proposed Paving Of Stoner Road In The Ranchlands. FISCAL IMPACT: No Funding Is Requested With This Agenda Item. If The Commission Decides To Include Stoner Road In The Ranchlands Paving Program, It Will Be Added To A Future Bid Package That Will Be Submitted To The City Commission For Award Of A Construction Contract. Based On The Recent Bid Results For Phase 1, Staff Expects The Available Funding From The Road Improvement Fund (One -Cent Sales Tax) To Be Sufficient To Fund The Entire Ranchlands Paving Program. COMMUNICATIONS EFFORTS: Straw Ballots Were Mailed To All Abutting Property Owners On Stoner Road, Along With A Notice That The Results Would Be Submitted For The City Commission's Review At The February 22, 2010 City Commission Meeting. Residents Who Provided E -Mail Addresses With Their Straw Ballots Were E- Mailed The Preliminary Straw Ballot Results And A Reminder Notice About The February 22 Meeting. The Abutting Property Owners Were Also Previously Mailed "Request For Input" Notices In October 2009 And Many Residents Accepted Staffs Invitation To Have An Onsite Meeting To Discuss The Project. The City Commission's Decision On This Agenda Item Will Be Communicated To The Stoner Road Property Owners By E -Mail And /Or Standard Mail. RECOMMENDATION: Staff Recommends The City Commission Approve Stoner Road For Paving. Mr. Fields commented on this Agenda Item. "MOTION TO APPROVE STAFF'S RECOMMENDATION." MOTION BY COMMISSIONER KREBS. SECONDED BY DEPUTY MAYOR BROWN. DISCUSSION. VOTE: DEPUTY MAYOR BROWN: AYE COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. REGULAR 604. Office Of The City Clerk REQUEST: Requests That Commissioner Jean Hovey Make An Appointment To The Planning And Zoning Board/Local Planning Agency To Fill A Currently Open Seat, Due To The Recent Resignation Of A Former Member. (Advisory Board Appointment) FISCAL IMPACT: There Is No Specific Fiscal Impact To This Proposed Appointment. However, As It Stands Currently, Funding For All Planning And Zoning Board/Local Planning Agency Members Has Been Budgeted For This Fiscal Year In Line Code 1110 - 51330. COMMUNICATION EFFORTS: Based On Discussions With Commissioner Jean Hovey Who Was Contacted About This Vacancy, No Other Specific Communication Efforts Were Needed Or Requested. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 22, 2010 PAGE 25 OF 26 RECOMMENDATION: Commissioner Jean Hovey Is Respectfully Requested To Make An Appointment To The Planning And Zoning Board/Local Planning Agency. "I WOULD LIKE TO APPOINT HOWARD CASMAN, PENDING HIS RESIGNATION FROM THE BOARD OF ADJUSTMENT." MOTION BY COMMISSIONER HOVEY. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. Mayor Bush commented on the status of the Board of Adjustment and asked, "Do we need to let them know - what is going on." Attorney Garganese explained, "There is an Ordinance that is going to be coming back on that." Additionally, Attorney Garganese noted, "They are still in existence until such time as the Code is changed." ❖ ❖ AGENDA NOTE: THE FOLLOWING ADDITIONAL REPORT WAS HEARD NEXT, AS DOCUMENTED. ❖ ❖ REPORTS REPORTS 407. Office Of Commissioner Seat One — The Honorable Jean Hovey Commissioner Hovey noted that she attended the recent Father - Daughter Dance and complimented Chris Carson on a great job! In other City business, Deputy Mayor Brown remarked, "This 4 of July and other Events are going to keep coming back, time and time again and I would like to get a Motion for the City Manager to bring back for us an Agenda Item, a way that will solve this dilemma for us. I know he has spoken often about bringing in a third party entity - a way to bring this back to us so that we can move on with the five (5) year Plan at least, and how we are going to handle these and get them paid for so that we don't run into this quagmire year after year." Commissioner Krebs asked about having "Some kind of a question" on the City's Website to ask what citizens think about Events. Deputy Mayor Brown was in agreement, as long as costs were included. "I MAKE A MOTION THAT WE ASK THE CITY MANAGER TO COME BACK WITH A PLAN THAT WILL CARRY US THROUGH A FIVE (5) YEAR PERIOD OF RUNNING AND PAYING FOR EVENTS THAT DOES NOT INCLUDE TAXATION OF OUR CITIZENS TO DO SO." MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER HOVEY. DISCUSSION DISCUSSION FOLLOWED ON PROPOSED SURVEY QUESTION(S). CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 22, 2010 PAGE 26 OF 26 MANAGER SMITH MENTIONED THAT HE COULD OFFER THE COMMISSION A BASIC SURVEY AND PLACE IT ON THE CITY'S WEBSITE; AND ALSO SUGGESTED THAT FOR APPROXIMATELY A COUPLE OF HUNDRED DOLLARS, A QUESTION COULD BE INCLUDED ON THE UPCOMING GARBAGE SURVEY. MAYOR BUSH NOTED, "THE MOTION WOULD COVER YOU BRINGING THAT BACK..." DEPUTY MAYOR BROWN ADDED, "...AS PART OF THE PLAN." COMMISSIONER McGINNIS STATED, "THAT IS GOOD." NEXT, MANAGER SMITH ADDRESSED THE 4 OF JULY EVENT AND REMARKED, "I WILL CERTAINLY DO MY BEST TO BRING BACK SOMETHING TO RESPOND TO THIS MOTION IF IT PASSES IN THE AFFIRMATIVE." MANAGER SMITH ALSO COMMENTED ON THE COSTS SAVINGS AT LAST YEAR'S 4 OF JULY EVENT IN COMPARISON TO THE 4 OF JULY EVENT HELD TWO (2) YEARS AGO. Tape 2 /Side B FURTHER DISCUSSION ENSUED ON SPONSORSHIP OPPORTUNITIES AND THE CITY HOLDING REVENUE NEUTRAL EVENTS AT SOME POINT. DEPUTY MAYOR BROWN REITERATED HIS MOTION AS, "COMING BACK WITH A - FIVE YEAR (5) PLAN, MAKING THIS A REVENUE NEUTRAL EVENT, STARTING THIS YEAR. THAT WAS MY MOTION; AND THE CITY MANAGER HAS THE ABILITY TO GO BACK AND DO THAT SURVEY AS PART OF DEVELOPING HIS PLAN." VOTE: COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: NAY COMMISSIONER KREBS: AYE DEPUTY MAYOR BROWN: AYE MOTION CARRIED. ADJOURNMENT Mayor Bush adjourned the Regular Meeting at 7:41 p.m. RE ■ ' CTFULLY SUBMITTED: • . 'Vim LORENZO- LUACES, MMC IT CLERK AP '_;_r VED• id‘ /3 M_ ors R JOHN F. BUSH - NOTE: These Minutes were approved at the March 8, 2010 City Commission Regular Meeting.