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Home My WebLink About_2007 05 29 City Commission Special Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING MAY 29, 2007 CALL TO ORDER The Special Meeting of Tuesday, May 29, 2007 of the City Commission was called to Order by Mayor John F. Bush at 5:15 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Mayor John F. Bush, present Deputy Mayor Sally McGinnis, present Commissioner Robert S. Miller, present Commissioner Rick Brown, present Commissioner Donald A. Gilmore, arrived at 5: 17 p.m. Commissioner Joanne M. Krebs, present City Manager Ronald W. McLemore, arrived at 5:20 p.m. City Attorney Anthony A. Garganese, present A moment of silence was held and ailing Fire Chief Tim Lallathin was mentioned. The Pledge of Allegiance followed. Commissioner Donald A. Gilmore arrived at 5: 17 p. m. .:..:. AGENDA NOTE: THE FOLLOWING INFORMATIONAL AGENDA ITEMS WERE DISCUSSED, BUT NOT NECESSARILY IN THE ORDER NOTED. .:..:. INFORMATIONAL AGENDA INFORMATIONAL 100. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. Brief discussion. City Manager Ronald W McLemore arrived at 5:20 p.m. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - MAY 29, 2007 PAGE 2 OF 31 INFORMATIONAL 101. Fire Department Requests That The City Commission Review The Results Of The City Of Winter Springs Employee Blood Drive. No discussion. INFORMATIONAL 102. Community Development Department - Planning Division Wishes To Update The City Commission On The Status Of The Letter Of Understanding Transmitted To The State Department Of Community Affairs. Discussion ensued on accessory dwelling units. Commissioner Gilmore said, "If someone wanted to add on to their house, adjoining their house - they wanted to add on a bedroom, a little sitting room, maybe a dinette area, or something - and it adjoined the house and had pass-through areas into the main house, is that an accessory dwelling?" Ms. Sahlstrom responded, "I'm not sure that's defined in our Code, what an accessory dwelling is." Commissioner Gilmore commented, "I would certainly hope that before we go sending stuff off to Tallahassee, to get a buy in from Tallahassee, we define exactly what we're talking about and what we intend to do with it." With further comments, Commissioner Gilmore continued, "I don't like it in there. l- am not certain that it belongs in there. I think the Commission, under their Zoning Ordinances, can permit something like that without it being in a document that says this is how we want our City to grow." INFORMATIONAL 103. Utility Department Providing The City Commission With A Copy Of The Consumer Confidence Report That Will Be Sent To All Residents. Brief discussion ensued with Mr. Lockcuff. "MOTION TO APPROVE." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - MAY 29, 2007 PAGE 3 OF 31 VOTE: DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. .:. .:. AGENDA NOTE: THE FOLLOWING AWARDS AND PRESENTATIONS WERE ADDRESSED NEXT, FOLLOWED BY THE CONSENT AGENDA, AS DOCUMENTED. .:. .:. AWARDS AND PRESENTATIONS Mayor Bush presented a Key to the City to Mr. Bill Poe in honor of his many contributions as a business manager, Advisory Board Member, and as a resident. A Certificate of Recognition was then awarded to Commissioner Joanne M. Krebs for her recent attendance at the Advanced Institute for Elected Municipal Officials. CONSENT AGENDA CONSENT 200. Not Used. CONSENT 201. Office Of The City Manager Requesting That The City Commission Authorize A Supplemental Appropriation In The Amount Of $16,000.00 From The General Fund To Replenish Several Line Codes For The Remainder Of This Fiscal Year. There was no discussion on this Agenda Item. CONSENT 202. Utility/Public Works Department Requesting The City Commission Approve The Solid Waste Survey To Determine Franchisee Eligibility For Performance Bonus. This Agenda Item was not discussed. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - MAY 29, 2007 PAGE 4 OF 31 CONSENT 203. Utility/Public Works Department Requesting Authorization To Expand The Area On Tuskawilla Road That The City Provides Reclaimed Water To Seminole County. Brief discussion. CONSENT 204. Parks And Recreation Department Requests City Commission Approval To Authorize The Execution Of A Natural Gas Service Agreement With Florida Public Utilities Company For Heating The Senior Center Therapy Pool. Brief discussion. CONSENT 205. Office Of The City Clerk Requesting Approval Of The May 14,2007 Attorney-Client Session Minutes. No discussion. CONSENT 206. Office Of The City Clerk Requesting Approval Of The May 14, 2007 Regular City Commission Meeting Minutes. COMMISSIONER MILLER SAID, "I WOULD LIKE TO HAVE YOU GO FORWARD WITH A LETTER TO HIM SAYING 'YES, WE WOULD LIKE TO TAKE YOU UP ON YOUR OFFER TO REDO THE STUDY AND REQUEST THAT YOU DO IT AT 12.5 CENTS A MILE', OR WHATEVER THE EXISTING RATE PER MILE IS." COMMISSIONER MILLER ADDED, "THAT IS A MOTION." MOTION BY COMMISSIONER MILLER. MAYOR BUSH REMARKED, "SECONDED BY COMMISSIONER GILMORE." DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN : AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - MAY 29, 2007 PAGE 5 OF 31 "MOTION TO APPROVE" CONSENT AGENDA. MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR McGINNIS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN : AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENT A nONS 300. Office Of The City Manager And Community Development Department Request That The City Commission Hear A Presentation By Denise Ryser, Chairperson Of The Winter Springs Open Space Advisory Study Committee Which Outlines The Work Of The Committee And Presents The Committee's Final Report. Ms. Denise Ryser, Chairperson of the Ad Hoc Winter Springs Open Space Advisory Study Committee addressed the City Commission regarding this Agenda Item. Continuing, Ms. Ryser commented, "The Committee felt strongly that this should be an ongoing Resolution that we continue to look for ways to preserve open space and green space in Winter Springs; to preserve that quality of life that we all like." Discussion. Mayor Bush remarked, "1 think this is a great Report!" Further comments. Tape I/Side B Discussion. "I MAKE A MOTION THAT OUR ATTORNEY GET WITH THE COUNTY ATTORNEY AND FIGURE OUT WHAT THE ISSUES ARE RELATED TO THE ANNEXATION WITHIN A CERTAIN TIME CERTAIN OF ALL REMAINING ENCLAVES IN THE CITY OF WINTER SPRINGS." MOTION BY COMMISSIONER MILLER. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - MAY 29, 2007 PAGE 6 OF 31 CITY ATTORNEY, ANTHONY A. GARGANESE SAID, "IF THAT'S THE POLICY DIRECTION IS TO TRY TO ANNEX THESE ENCLAVES AS SOON AS POSSIBLE, JUST GIVE ME THE FLEXIBILITY TO WORK ON THE PROCEDURE. THERE'S A NEW LAW THAT CAME INTO EFFECT LAST YEAR; IT'S CALLED THE INTERLOCAL SERVICE BOUNDARY AGREEMENT ACT WHICH PROVIDES MORE FLEXIBILITY FOR ANNEXATION OF ENCLAVES, THAT I WANT TO TAKE A LOOK AT. SO, I DON'T WANT TO JUST LIMIT IT TO TEN (10) ACRES OR LESS BECAUSE UNDER THE NEW LAW THERE IS A WAY WHERE YOU CAN INITIATE THE PROCESS BY RESOLUTION. AND THEN THE COUNTY HAS TO GET WITH THE STAFF AND NEGOTIATE AND HANDLE ALL THE SERVICE ISSUES AND REQUIRE THE ANNEXATION. I WANT TO TAKE A LOOK AT THAT ISSUE BEFORE..." COMMISSIONER MILLER COMMENTED, "...WELL, I WOULD ADD EVERYTHING YOU JUST SAID TO THE MOTION." MAYOR BUSH STATED, "SECONDED BY COMMISSIONER BROWN." DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN : AYE MOTION CARRIED. Ms. Ryser then introduced Members of the Ad Hoc Winter Springs Open Space Advisory Study Committee to those in attendance. Further discussion ensued on the Ad Hoc Winter Springs Open Space Advisory Study Committee. "I WILL MAKE A MOTION THAT WE KEEP THE COMMITTEE IN EXISTENCE AND RECALL THEM IN NINETY (90) OR A HUNDRED AND TWENTY (120) DAYS, AND MAYBE PURSUE ITEMS OF INTEREST, IF APPROPRIATE AT THAT TIME." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER KREBS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - MAY 29, 2007 PAGE 7 OF 31 VOTE: COMMISSIONER BROWN : AYE COMMISSIONER KREBS: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. Commissioner Rick Brown asked Attorney Garganese, "Isn't there a way that we can do a contingency offer to purchase the parcel that we are interested in, contingent upon the outcome of the budgetary process?" Attorney Garganese replied, "Yes." Commissioner Brown continued, "I think we ought to do that. If we are indeed serious about picking that up, because that would tie it up until we know." "I WOULD LIKE TO MAKE THAT A MOTION. IT IS A MOTION." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER MILLER. DISCUSSION. ATTORNEY GARGANESE REMARKED, "THAT'S GOING TO REQUIRE A LITTLE BIT MORE WORK JUST TO MAKE SURE OF APPRAISED VALUE. BUT THEN WE CAN CERTAINLY - DRAW UP A CONTRACT THAT GIVES THE CITY THE OUT, IN THE EVENT THAT THE BUDGET SEASON GOES SOUR." DISCUSSION. COMMISSIONER BROWN COMMENTED, "THE MOTION WAS THAT WE AUTHORIZE THE CITY TO DO THE LEGWORK NECESSARY FOR THE ATTORNEY TO MAKE A CONTINGENT OFFER ON THAT ENCLAVE SO THAT - IF WE SEE HOW..." DEPUTY MAYOR McGINNIS SAID, "...THE PETERS PROPERTY..." COMMISSIONER BROWN CONTINUED, "...YES, SO THAT IF WE SEE HOW THE BUDGETARY PROCESS WORKS OUT, WE CAN MAKE A MOVE ON IT, IF WE SO DESIRE." VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN : AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - MAY 29, 2007 PAGE 8 OF 31 Commissioner Gilmore commented, "If we go for a Referendum on this, what are our dates on Referendums? Can we go at any time we want or is there specific times?" Attorney Garganese replied, "You can go anytime you want, however, there is a cost involved. Typically, you'd like to piggyback on Supervisor of Elections' Elections - General Elections or some other special Election. It's much more cost effective. So, the answer is anytime." Commissioner Gilmore continued, "I think that when Staff comes back they need to look at all those costs involved, and times; because if we are in a General Election period, it is either this November or the following November, which we may be running out of time even, so it would be good to come back with what it would cost us to do an immediate Referendum. " Mayor Bush added, "Your Committee did a great job; it was an excellent Report." RECESS Mayor Bush called a Recess at 6: 16 p. m. The Special Meeting was called back to Order at 6:27 p.m. REPORTS REPORTS 400. Office Of The City Attorney - Anthony A. Garganese, Esquire Attorney Garganese spoke regarding the new Cable Law and explained, "Effective July 1, any existing Cable Service provider like Bright House [Networks] can make application with the State for a State Cable License and if Bright House [Networks] does that and once the State License is issued, the Cable Franchise Agreement between Bright House [Networks] and the City of Winter Springs will be declared immediately null and void. " Mayor Bush asked Attorney Garganese, "If you have problems with your cable company - who do you contact?" Attorney Garganese stated, "You would contact the State Department of Agriculture and Consumer Services." Attorney Garganese added, "The Statute actually strictly prohibits the City from assisting in those issues." REPORTS 401. Office Of The City Manager - Ronald W. McLemore No Report. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - MAY 29, 2007 PAGE 9 OF 31 REPORTS 402. Office Of The City Clerk - Andrea Lorenzo-Luaces, CMC City Clerk Andrea Lorenzo-Luaces reminded the City Commission of the WiFi Workshop tomorrow, on Wednesday, May 30, 2007. Regarding a Workshop on Workforce Housing, Mayor Bush said, "Why don't we go for June 14th [2007] and just whoever can come, comes?" City Clerk Lorenzo-Luaces asked, "Would there be a quorum?" Mayor Bush said, "Why don't you find out what that is and let us know. If the 14th [June 2007] we can have a quorum, we will have the Meeting." Mayor Bush added, "Everybody okay with that?" No objections were noted. Discussion ensued on other Workshops. Regarding Budget Workshops, Manager McLemore stated, "We're trying to get something, end of August." REPORTS 403. Commission Seat One - Robert S. Miller Commissioner Robert S. Miller spoke on a suggested traffic count for Murphy Road and Edgemon Avenue. Discussion followed with Mr. Kip Lockcuff, P.E., Director, Public W orkslUtility Departments. REPORTS 404. Commissioner Seat Two - Rick Brown Commissioner Brown spoke on the Central Florida Fringe Festival and the Winter Springs Performing Arts Group. Regarding the status of Public Meetings to be held in the community, Mr. Stevenson stated, "We have located the - area, the facility within which to have these Meetings. One of the things that Staff is currently working on are how many people will these facilities hold and is there a charge for their use. And at that point in time we were going to bring that Informational Item back to you for you to establish a date." Manager McLemore said, "Let's prepare it for the next Meeting." Mr. Stevenson replied, "We will." Commissioner Brown suggested, "If you want to see me, I have offers for two (2) locations free of charge, in two (2) of the major Districts." Commissioner Brown remarked for disclosure purposes, "This past week, my wife and I purchased fifty percent (50%) of the Bamie's Coffee & Tea Company in the Town Center. " CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - MAY 29, 2007 PAGE 10 OF 31 REPORTS 405. Commission Seat Three - Donald A. Gilmore Commissioner Gilmore asked when the County might be putting the sidewalks in on the County portion of Dyson Drive? Mr. Lockcuffreplied, "We can check." REPORTS 406. Commission Seat Four/Deputy Mayor - Sally McGinnis Deputy Mayor Sally McGinnis commented that the Tax Reform issue could be discussed at the proposed Town Meetings. Secondly, Deputy Mayor McGinnis reminded City Clerk Lorenzo-Luaces about a Certificate. City Clerk Lorenzo-Luaces replied, "I have it on my list, 1 just haven't gotten to it." Next, Deputy Mayor McGinnis said, "On Sheoah Boulevard going toward the light to exit the community - when you get to that light, there is a right turn lane and that right turn lane is also a straight lane. The left turn lane is strictly left turn - this is the issue, cars at rush hour stack up the right turn lane. But that is also a through lane. So, they can't turn, the queue can't turn if somebody is going straight. But everybody can turn left. It just seems to me that the left lane should be the left or - straight." Mr. Lockcuff replied, "It was done for the School, but we could look at that." REPORTS 407. Commission Seat Five - Joanne M. Krebs Commissioner Krebs commented on a WiFi article distributed to the City Commission during this Meeting. Discussion ensued on former Code Enforcement Board Alternate Member Laura-Leigh Wood. "I WOULD LIKE TO MAKE A MOTION TO REAPPOINT LAURA-LEIGH [WOOD] AS THE SECOND ALTERNATE FOR THE CODE [ENFORCEMENT] BOARD." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - MAY 29, 2007 PAGE 11 OF 31 VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN : AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE MOTION CARRIED. Commissioner Krebs next spoke on the Tortoise issue and thanked Alex Babcock of the Seminole Chronicle newspaper for initially bringing this issue up. Next, Commissioner Krebs mentioned that "Mr. [Tom] Corkey had built a building in the High School for - weightlifting." Commissioner Krebs added, "We need to recognize for - contributing to our community like that - out of his own pocket, doing something. That is wonderful. Can we do a Resolution for that?" "I WOULD LIKE TO MAKE A MOTION THAT WE DO A RESOLUTION - THANKING HIM FOR HIS CONTRIBUTION." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN : AYE MOTION CARRIED. REPORTS 408. Office Of The Mayor - John F. Bush Mayor Bush commented that the Seminole County Regional Chamber of Commerce will be hosting an Economic Development Summit, Thursday, June 14th, 2007, 8:00 a.m. to 11 :00 a.m.; at the Orlando Marriott in Lake Mary and noted, "If you want to go, I am going to give this to Andrea (Lorenzo-Luaces) - she will put your names on there and we will fax it in." Mayor Bush continued, "Let us know if you want to - go to that. And hopefully, maybe one of the Staff can go. Mr. McLemore, or assign someone to attend." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - MAY 29, 2007 PAGE 12 OF 31 .:..:. AGENDA NOTE: THE FOLLOWING ADDITIONAL REPORTS WERE DISCUSSED NEXT, AS DOCUMENTED. .:..:. REPORTS REPORTS 403. Commission Seat One - Robert S. Miller FOR THE DISTRICTING COMMISSION, "I WOULD LIKE TO NOMINATE MAUREEN LAND GRAFF, WHO LIVES AT 704 SILVERCREEK DRIVE." MOTION BY COMMISSIONER MILLER. SECONDED BY DEPUTY MAYOR McGINNIS. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER BROWN : AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. REPORTS 408. Office Of The Mayor - John F. Bush Regarding a letter related to a dead tree falling, Mayor Bush asked, "Have we responded to this person yet?" Mr. Michael Mingea, City Forester, Urban Beautification Services Division, Community Development Department replied, "1' d like to get a chance to go out again and see her." With further comments, Mayor Bush suggested that we need to get back to her. Mr. Mingea replied, "Gladly." Discussion ensued on red light running traffic c'ameras. Chief of Police Daniel J. Kerr, Police Department addressed the City Commission on this Issue. Mayor Bush noted, "This would be - at no cost to the City. This company installs them, maintains them. We would have to pass an Ordinance because this is not a moving violation." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - MAY 29, 2007 PAGE 13 OF 31 Manager McLemore asked, "Has this been tested in the courts in Florida yet? That's something that I would like to know because they could put this whole thing to bed if it hasn't been." Attorney Garganese remarked, "Off the top of my head I don't recall reading a case, but 1'd have to look at that." Manager McLemore added, "That is something we need to know." Discussion ensued. Mayor Bush asked, "Would the Commission want to see a demonstration of this? This company will come and make a presentation to the Commission if they want to see it." Commissioner Brown said, "Yes." Commissioner Krebs commented, "Why not?" "I MOVE THAT WE HAVE 'REDFLEXlasercam' DO A PRESENTATION TO THE COMMISSION." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. MANAGER McLEMORE REMARKED, "I DO THINK WE NEED TO KNOW IF THIS IS A SOLE SOURCE ITEM OR NOT - IF WHETHER THIS HAS TO GO OUT FOR RFPS (REQUEST FOR PROPOSALS) OR BIDS. THIS DOESN'T STOP YOU HAVING A PRESENTATION." CONTINUING, MANAGER McLEMORE NOTED, "I'D LIKE TO KNOW IF THIS IS SOLE SOURCE; IF THERE'S OTHER COMPANIES OUT THERE." FURTHER DISCUSSION. VOTE: DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN : AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Mayor Bush distributed information to the City Commission on rubber sidewalks and mentioned a related email by saying, "I will forward it." Next, Mayor Bush remarked that Deputy Mayor McGinnis would be filling in for him at next week's CALNO (Council of Local Governments in Seminole County) Meeting. Mayor Bush then spoke of Property Tax Reform issue as being discussed by the Florida Mayors. Discussion ensued on Tax Reform concerns. Tape 2/Side A CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - MAY 29, 2007 PAGE 14 OF 31 With further discussion, Mayor Bush spoke for the Record on Tax Reform issues. PUBLIC INPUT Ms. Gina Burke, 1152 Winged Foot Circle West, Winter Springs, Florida: spoke on the status of the State of Florida economy; foreclosures, and taxes. Mr. Matt Matisak, 794 Seneca Meadows Road, Winter Springs, Florida: commented that he was in favor of televised Commission Meetings and audio recordings for the City's Website. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Community Development Department - Planning Division Requests That The City Commission Hold A Public Hearing For Ordinance Number 2007-06, A Large Scale Comprehensive Plan Amendment, Which Changes The Future Land Use Map Designation Of Two (2) Parcels Containing 28.9 Gross Acres, More Or Less, Located At 1900 DeLeon Street (The Southwest Corner Of DeLeon Street And Howard Avenue) From (Seminole County) "Rural-3" (1 Dwelling Unit Per 3 Acres) To (Winter Springs) "Public/Semi-Public" With "Conservation Overlay" (On Those Affected Areas). Mayor Bush stated, "Can we have a Motion to read by 'Title' only?" "SO MOYED." MOTION BY COMMISSIONER BROWN. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER MILLER." DISCUSSION. YOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN : AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" only. Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - MAY 29, 2007 PAGE 15 OF 31 Ms. Eloise Sahlstrom, ASLA, AICP, Senior Planner, Community Development Department explained, "This is a Large-Scale Comp Plan Amendment. We do have a Comprehensive Plan citizen's courtesy information list out in the lobby for any of the public that wants to be kept in the loop on this project. If you put your name on that list, it's transmitted to the State and then the State will keep you notified of what happens." Mayor Bush opened the "Public Input" portion of the Agenda Item. Mr. Tom Minter, 1700 DeLeon Street, Oviedo, Florida: explained the property was sold for conservation and did not want the public abusing the property. Mayor Bush closed the "Public Input" portion of the Agenda Item. Ms. Nancy Christman, Intergovernmental Coordinator, St. John's River Water Management District, 975 Keller Road, Altamonte Springs, Florida: spoke on this Agenda Item. With discussion, Ms. Christman stated, "The Water Management District will manage the property. " Ms. Regina Lovings-Morse, Project Manager, St. John's River Water Management District, 4049 Reid Street, Palatka, Florida: addressed the City Commission. Commissioner Miller inquired about the length of the canal and asked, "Will these storm retention ponds be able to accept like three (3) or four (4) days of incredibly heavy flow or will they fill up with the first rains we get?" Ms. Lovings-Morse stated, "I have those details. I don't have them with me. So that would be something I could bring back at the next Hearing." Commissioner Miller then asked, "How long is this canal?" Ms. Lovings-Morse responded, "I would have to get that for you also." Mayor Bush remarked, "Regina (Lovings-Morse) can have this information for the Commissioner at the next Meeting." Further discussion. Commissioner Gilmore asked, "You just mentioned that this area down in here [referencing the lower left portion of map shown], the bottom was wetland...." Ms. Lovings Morse stated, ". ..It's a depression area, yet it's wetter than the rest of the property was as I walked it...." Commissioner Gilmore then said, "... Is that considered a wetland or not?" CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - MAY 29, 2007 PAGE 16 OF 31 Ms. Lovings-Morse then remarked, "In terms of the true definition of a wetland, I will have to ask our regulatory people." With further comments, Ms. Lovings-Morse then remarked, "The true definition of a wetland, I can get back to you at the next Hearing, and let you know for sure." "I WOULD LIKE TO MAKE A MOTION TO MOVE ITEM '500' TO SECOND READING." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN : AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE MOTION CARRIED. . Commissioner Miller left the dais at 7:39 p.m. PUBLIC HEARINGS 501. Community Development Department - Planning Division Requests That The City Commission Hold A Public Hearing For Ordinance Number 2007-07, A Large Scale Comprehensive Plan Amendment, Which Changes The Future Land Use Map Designation Of Three (3) Parcels Containing 29.3 Gross Acres, More Or Less, Located Immediately West Of DeLeon Street At Cress Run From (Seminole County) "Rural-3" (1 Dwelling Unit Per 3 Acres) To (Winter Springs) "Rural Residential" (Up To 1 Unit Per Gross Acre) With "Conservation Overlay" (On Those Affected Areas). Mayor Bush stated, "Motion to read by 'Title' only?" "SO MOVED." MAYOR BUSH REMARKED, "MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER GILMORE." DISCUSSION. VOTE: COMMISSIONER BROWN: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: MAYOR BUSH SAID, "I HEARD HIM SAY 'AYE'." MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" only. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - MAY 29, 2007 PAGE 17 OF 31 Ms. Sahlstrom introduced this Agenda Item. Commissioner Miller returned to the dais at 7:42 p.m. Tape 2/Side B Discussion. Ms. Sahlstrom introduced this Agenda Item for discussion. Mayor Bush opened the "Public Input" portion of the Agenda Item. Ms. Margaret Wharton, Esquire, Attorney, 456 South Central Avenue, Oviedo, Florida: addressed the City Commission as a representative of Mr. Weaver. Commissioner Krebs said, "Point of Order" and spoke on the Agenda Item. Mayor Bush closed the "Public Input" portion of the Agenda Item. Ms. Margaret Wharton, Esquire, Attorney, 456 South Central Avenue, Oviedo, Florida: further addressed the City Commission on this Agenda Item. Much discussion. Tape 3/Side A Further discussion. "I WOULD LIKE TO MAKE A MOTION TO MOVE THIS TO SECOND READING." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE DEPUTY MAYOR McGINNIS: NAY COMMISSIONER MILLER: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN : AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - MAY 29, 2007 PAGE 18 OF 31 PUBLIC HEARINGS 502. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing Related To Ordinance Number 2007-14 Which Rezones 29.3 Acres (More Or Less), Located Immediately West Of DeLeon Street At Cress Run From (Seminole County) "A-3" Agricultural To (Winter Springs) "R-Cl" Single Family Dwelling District (Minimum Lot Size-l Acre). Mayor Bush stated, "Can we have a Motion to read by 'Title' only?" "SO MOYED." MOTION BY COMMISSIONER KREBS. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER GILMORE." DISCUSSION. YOTE: COMMISSIONER BROWN : AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" only and noted for the Record, "Section 5. of this Ordinance has a conditional Effective date. This Ordinance would be effective conditioned upon Ordinance 2007-07 becoming effective." Mayor Bush opened the "Public Input" portion of the Agenda Item. Mr. Tom Minter, 1700 DeLeon Street, Oviedo, Florida: spoke on density; developing the area; and suggested going back in the Record. Mr. Willy Patterson, 1550 DeLeon Street, Oviedo, Florida: commented on enclaves and suggested the area be visited. Mayor Bush closed the "Public Input" portion of the Agenda Item. Ms. Sahlstrom spoke on this Agenda Item. Discussion. Mayor Bush said, "If this moves forward, is what we are going to anticipate is that the commercial can stay because it is there already, is that correct?" Attorney Garganese remarked, "I think those issues would be addressed in the City's Non-Conforming Use and structure Ordinance - those rules apply uniformly throughout the City." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - MAY 29, 2007 PAGE 19 OF 31 Deputy Mayor McGinnis asked, "Would there an opportunity - to ever come back - for another designation for density?" Ms. Sahlstrom explained, "A landowner can always make application to change something and provide documentation for that." Discussion. Ms. Margaret Wharton, Esquire, Attorney, 456 South Central Avenue, Oviedo, Florida: commented on Zoning and the Comprehensive Plan Amendment. "I WOULD LIKE TO MAKE A MOTION TO MOVE TO SECOND READING." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER BROWN : AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: NAY MOTION CARRIED. Mayor Bush called a Recess at 8:50 p.m. The Special Meeting was called back to Order at 9:01 p.m. .:..:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS DISCUSSED NEXT, AS DOCUMENTED. .:..:. REGULAR AGENDA REGULAR 608. Community Development Department ADD-ON Requests The City Commission Consider The Request Of The James Doran Company to Acquire 73 Square Feet Of Blumberg Boulevard Right-Of-Way To Accommodate An Encroachment From Building 17. Mr. Stevenson presented this Agenda Item. "MOTION TO APPROVE." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - MAY 29, 2007 PAGE200F3I VOTE: DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN : AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE FOLLOWING PUBLIC HEARINGS AGENDA ITEMS WERE DISCUSSED NEXT, IN THE ORDER DOCUMENTED. .:..:. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 511.1. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For Revisions To The Aesthetic Review For Villa Grande, A Proposed 160 Unit Apartment Development Located On 4.78 Acres In The Town Center On The North Side Of SR (State Road) 434, Just East Of The City Hall Building. 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. Mr. Stevenson spoke on this Agenda and remarked, "The unit count is now going from 152 to 160. Those are the basic changes that you're being asked to look at." Mr. Stevenson added, "The proposal now has all five (5) buildings at four (4) over one (1). There is no longer a six (6) story building as part of this complex. It's now five (5) story buildings." Continuing, Mr. Stevenson noted, "The off site issue would have to be addressed as part of the Development Agreement that will come - back before the Commission once the Staff and the Applicant work out all the details." Discussion. Proposed rent ranges were discussed next. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - MAY 29, 2007 PAGE 21 OF31 Mr. Salvador Lecesse, President, Lecesse Development Corporation, 650 South Northlake Drive, Suite 450, Altamonte Springs, Florida: addressed the City Commission on this Agenda Item and stated, "A little over a thousand dollars ($1,000.00) for a one (1) bedroom, up to sixteen hundred dollars ($1,600.00 or so for the two (2) bedrooms. It's in that range." Further comments were made. "MOTION TO APPROVE." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN : AYE MOTION CARRIED. Attorney Garganese said to Mr. Stevenson, "This repeals the previous Aesthetic Review in its entirety." Mr. Stevenson noted, "That's correct." PUBLIC HEARINGS 511.2. Community Development Department Requests The City Commission Consider A Site Plan Modification For The Villa Grande Apartment Project. 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. Mr. Stevenson spoke on this Agenda Item Mr. Donald H Lang, AlA, President, Lang Architectural Design Group, Inc., 398 Camino Gardens Boulevard, Suite 108, Boca Raton, Florida: stated, "There's no visible AlC (Air Conditioning) compressors to the exterior of the project. They are grouped on the insides on the little pods - these locations on the ground for service." Discussion. Mr. Stevenson noted, "This is subject to the - modifications to the DA [Development Agreement] to incorporate these changes that will be brought back to you at a later date." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - MAY 29, 2007 PAGE220F31 "MOTION TO APPROVE." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER BROWN : AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. PUBLIC HEARINGS 509. Finance Department And Community Development Department Requesting That The City Commission Adopt Resolution Number 2007-23, Relating To The Oak Forest Wall And Beautification District. Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. Ms. Michelle Greco, Director, Finance Department introduced this Agenda Item. Tape 3/Side B Mr. Steven Richart, Urban Beautification Services Manager, Community Development Department spoke also on this Agenda Item. "I WOULD LIKE TO MAKE A MOTION TO - ADOPT RESOLUTION NUMBER 2007-23." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. MS. GRECO SPOKE OF THE RATES IN THE RESOLUTION AS, "INCREASE THE MAXIMUM ASSESSMENT RATES TO SEVENTY-TWO DOLLARS ($72.00) PER ERU FOR CAPITAL AND SIXTY-THREE DOLLARS ($63.00) PER ERU (EQUIVALENT RESIDENTIAL UNIT) FOR MAINTENANCE." VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - MAY 29, 2007 PAGE 23 OF 31 Ms. Greco stated, "You still have to make the Motion to - set the Fiscal Year [20]' 07- [20]'08 Budget numbers." "SO MOVED." MOTION BY COMMISSIONER KREBS. SECONDED BY DEPUTY MAYOR McGINNIS. DISCUSSION. MAYOR BUSH STATED, "READ THEM WHAT THEY ARE." MS. GRECO COMMENTED, "IT'S RECOMMENDED THAT THE ASSESSMENT RATES BEGINNING WITH FISCAL YEAR 2007-2008 BUDGET BE SET AT SEVENTY- TWO DOLLARS ($72.00) PER ERU (EQUIV ALENT RESIDENTIAL UNIT) FOR CAPITAL AND FIFTY-SEVEN DOLLARS ($57.00) PER ERU (EQUIVALENT RESIDENTIAL UNIT) FOR MAINTENANCE AS RELATED TO THE OAK FOREST WALL AND BEAUTIFICATION DISTRICT." VOTE: DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN : AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. PUBLIC HEARINGS 510. Finance Department And Community Development Department Requesting That The City Commission Adopt Resolution Number 2007-24, Relating To The Tuscawilla Lighting And Beautification Assessment Area - Phases I And II. Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. Ms. Greco presented her opening comments on this Agenda Item. Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - MAY 29, 2007 PAGE 24 OF 31 "I MAKE A MOTION WE APPROVE RESOLUTION 2007-24 ON THE TLBD (TUSCA WILLA LIGHTING AND BEAUTIFCA TION DISTRICT), INCREASING THE MAXIMUM ASSESSMENT RATES TO FORTY-THREE DOLLARS ($43.00) PER ERU (EQUIVALENT RESIDENTIAL UNIT) FOR PHASE I CAPITAL; SEVENTEEN DOLLARS ($17.00) PER ERU (EQUIVALENT RESIDENTIAL UNIT) FOR PHASE II CAPITAL AND 128 PER ERU (EQUIVALENT RESIDENTIAL UNIT) FOR MAINTENANCE, PHASE I AND PHASE II COMBINED." MOTION BY COMMISSIONER GILMORE. SECONDED BY COMMISSIONER BROWN. DISCUSSION. MS. GRECO SPOKE OF THE RATES IN THE RESOLUTION AS, "WE ALSO HAVE TO ADOPT RATES FOR THE 2007-2008 BUDGET WHICH ARE LOWER - OF FORTY-THREE DOLLARS ($43.00) PER ERU (EQUIVALENT RESIDENTIAL UNIT) FOR PHASE I CAPITAL; SEVENTEEN [DOLLARS] ($17.00) PER ERU (EQUIVALENT RESIDENTIAL UNIT) FOR PHASE II CAPITAL AND ONE HUNDRED TWENTY-SIX [DOLLARS] ($126.00) PER ERU FOR MAINTENANCE." COMMISSIONER GILMORE NOTED, "THE CHANGE IS THE HUNDRED AND TWENTY-SIX [DOLLARS] ($126.00) FROM ONE TWENTY-EIGHT [DOLLARS] ($128.00) ERU (EQUIVALENT RESIDENTIAL UNIT) - FOR MAINTENANCE. I INCLUDE THAT..." MS. GRECO STATED, "...2007-2008." MAYOR BUSH ADDED, "...2007-2008." SECONDED BY DEPUTY MAYOR McGINNIS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN : AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE MOTION CARRIED. PUBLIC HEARINGS 507. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For First Reading Of Ordinance Number 2007-04, Adopting A Small Scale FLUM (Future Land Use Map) Amendment Changing The Future Land Use Map Designation Of An 8.8 Acre Parcel, Located On The North Side Of SR (State Road) 434, East Of The Entrance To Barrington Estates And 600' (Six Hundred Feet) West Of DeLeon Street From (Seminole County) "Rural-3" To (City Of Winter Springs) "Conservation" And (City Of Winter Springs) "Commercial" With "Conservation Overlay". Mayor Bush opened the "Public Input" portion of the Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - MAY 29, 2007 PAGE 25 OF 31 Mr. Richard Voorberg, 1526 Wescott Loop, Winter Springs, Florida: mentioned height restrictions and asked they be adhered to. Mr. V oorberg then said, "On the Second Reading, will my request get in the Record?" Mr. Gary Exner, 410 Lake Lenelle Drive, Chuluota, Florida: briefly spoke on this Agenda Item. Mayor Bush closed the "Public Input" portion of the Agenda Item. Ms. Sahlstrom commented on this Agenda Item. Discussion. Mayor Bush stated, "This is an Ordinance and we didn't have a Motion to read by 'Title' only." "SO MOVED." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER BROWN : AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" only. Mayor Bush opened this "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed this "Public Input" portion of the Agenda Item. Discussion. Commissioner Gilmore asked, "Who has authorized the mitigation of that wetland to just ignore it and put buildings on it?" Ms. Sahlstrom remarked, "It has not been authorized." Further discussion. "MOTION TO APPROVE." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - MAY 29, 2007 PAGE 26 OF 31 VOTE: DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN : AYE COMMISSIONER MILLER: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 600. Information Services Department Wishes To Present City Commission With Options For Televising Of City Commission Meetings And To Have City Commission Provide Further Direction. Mr. Joe Alcala, MCSE, CISSP, IT Coordinator/Security Administrator, Information Services Department: spoke on this Agenda Item and introduced their Consultant. Mr. Scott H Bickwid, Consultant, Pro Video Sales Orlando, 249 Lancer Oak Drive, Apopka, Florida: also addressed the City Commission. Discussion. "MOVE TO T ABLE." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN : AYE MOTION CARRIED. Discussion. MOTION TO EXTEND UNTIL 11:00 P.M. MOTION BY DEPUTY MAYOR McGINNIS. Commissioner Miller stated, "Point of Clarification" and mentioned guests. SECONDED BY COMMISSIONER MILLER. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - MAY 29, 2007 PAGE 27 OF 31 VOTE: DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: NAY COMMISSIONER BROWN : NAY COMMISSIONER GILMORE: NAY COMMISSIONER MILLER: AYE MOTION CARRIED. Mayor Bush adjourned the Special Meeting at 10:06 p.m. .:. .:. AGENDA NOTE: ON ADVICE OF ATTORNEY GARGANESE, THE MEETING WAS THEN RECONVENED, WITH THE FOLLOWING DISCUSSION WHICH TOOK PLACE. .:. .:. MOTION "TO TAKE CARE OF SOME - PUBLIC HEARINGS ITEMS." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN : AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE MOTION CARRIED. Attorney Garganese and Ms. Sahlstrom noted for the Record, "Item '503' and '504', '505', '506', and Mr. Toledo's '508'." Attorney Garganese remarked, "So, in order to preserve the advertisements for those Public Hearing items, the Commission would have to postpone them to a date and time certain." Commissioner Brown suggested that tomorrow, "Can we close the Workshop, and then do this?" Attorney Garganese noted, "Sure." Mayor Bush stated, "Do it tomorrow?" Commissioner Krebs commented, "That will be fine." Regarding the time, Mayor Bush stated, "Let's make it six o'clock. Okay?" Commissioner Krebs commented, "Six o'clock." Attorney Garganese then explained, "So, those items are postponed until tomorrow, at six o'clock." Mayor Bush added, "Do we need to vote on that Anthony?" Attorney Garganese responded, "Yes." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - MAY 29, 2007 PAGE 28 OF 31 "SO MOVED." MOTION BY COMMISSIONER BROWN. MAYOR BUSH NOTED, "SECONDED BY COMMISSIONER MILLER." DISCUSSION. ATTORNEY GARGANESE MENTIONED, "IT IS A CONTINUATION." MAYOR BUSH MENTIONED THAT THE MOTION WAS "TO CONTINUE ITEMS '503', '504', '505', '506' AND '508' TO - 6:00 P.M. TOMORROW. " VOTE: COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. .:. .:. AGENDA NOTE: THE FOLLOWING AGENDA ITEMS WERE NOT DISCUSSED DURING THE MAY 29, 2007 SPECIAL MEETING. .:. .:. PUBLIC HEARINGS PUBLIC HEARINGS 503. Community Development Department - Planning Division Requests That The Local Planning Agency Hold A Public Hearing For Ordinance Number 2007-09, A Small Scale Comprehensive Plan Amendment, To Change The Future Land Use Map Designation Of One (1) Parcel Containing 4.32 Acres, More Or Less, Located On The West Side Of DeLeon Street At 1740 DeLeon Street From (Seminole County) "Rural-3" (1 Dwelling Unit Per 3 Acres) To (Winter Springs) "Rural Residential" (Minimum 1 Acre) With "Conservation Overlay" On Those Affected Areas. PUBLIC HEARINGS 504. Community Development Department - Planning Division Requests That The Planning And Zoning BoardlLocal Planning Agency Hold A Public Hearing For Ordinance Number 2007-15, Which Rezones A Parcel Containing 4.32 Acres, More Or Less, Located On The West Side Of DeLeon Street At 1740 DeLeon Street From "A-3" Agricultural (Seminole County) To "R-Cl" (City Of Winter Springs) Single Family Dwelling District" (Minimum Lot Size - 1 Acre). CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - MAY 29, 2007 PAGE 29 OF 31 PUBLIC HEARINGS 505. Community Development Department - Planning Division Requests That The Local Planning Agency Hold A Public Hearing For Ordinance Number 2007-10, A Small Scale Comprehensive Plan Amendment, Which Changes The Future Land Use Map Designation Of One (1) Parcel Containing 1.6 Acres, More Or Less, Located Immediately West Of DeLeon Street At 201 Cress Run From (Seminole County) "Rural-3" (1 Dwelling Unit Per 3 Acres) To (Winter Springs) "Rural Residential" (Up To 1 Unit Per Gross Acre) With "Conservation Overlay" (On Those Affected Areas). PUBLIC HEARINGS 506. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For 1st Reading Of Ordinance Number 2007-16, Which Rezones 1.6 Acres, More Or Less, Located Immediately West Of DeLeon Street At 201 Cress Run From (Seminole County) "A- 3" Agricultural To (City Of Winter Springs) "R-Cl" Single Family Dwelling District" (Minimum Lot Size -1 Acre). PUBLIC HEARINGS 508. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For First Reading On Ordinance Number 2007-05 Which Rezones 8.8 Acres (More Or Less), Located On The North Side Of SR (State Road) 434 East Of The Entrance To Barrington Estates And 600' (Six Hundred Feet) West Of DeLeon Street, From (Seminole County) "A-3" Agricultural To (Winter Springs) "C-l Neighborhood Commercial". PUBLIC HEARINGS 512. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For The Aesthetic Review For A 30,000 S.F. (Square Foot) 2-Story Inwood Office Building On 3.86 Acres Within The Oviedo Marketplace DR! Parcel 14. This Is Phase I Of A 2-Phase 45,000 S.F. (Square Foot) Building. REGULAR AGENDA REGULAR 601. Parks And Recreation Department Requesting That The City Commission Review Its Policy Regarding Special Events And Vendors And Make Any Changes They Deem Necessary. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - MAY 29, 2007 PAGE 30 OF 31 REGULAR 602. Community Development Department Requests The City Commission Approve The Proposed Development Agreement Modification To Allow One (1) Internally Illuminated, Building-Mounted Sign To Exceed The Maximum Letter Size And The Maximum Height Of 14 Feet Above The Adjacent Sidewalk At The Villagio Shopping Center. REGULAR 603. Office Of The City Attorney And Office Of The City Clerk Requesting That The Mayor And City Commission Consider Approval Of Resolution Number 2007-25, Which Revises The City's Public Records Policy, Originally Set Forth And Adopted By Resolution Number 2000-01. REGULAR 604. Office Of Commissioner Joanne M. Krebs Requesting That The Mayor And City Commission Consider The Florida League Of Cities "Cities Of Excellence" Award Program For 2007. REGULAR 605. Office Of The City Manager Requesting The City Commission Approve First Reading Of Ordinance Number 2007-12 Updating The City's Purchasing Policies. REGULAR 606. Community Development Department Requests The City Commission Consider A Conceptual Development Plan For A 348 Unit Town-House And Patio Home Development On Approximately 47.09 Acres, Located On The South Side Of Shepard Road, North Of Florida Avenue, East Of Boat Lake, And Immedia.tely Adjacent To The West Side Of The Wildwood Residential PUD (Planned Unit Development). REGULAR 607. Information Services Department Requests City Commission Review And Consider For Approval The City's New Cell Phone Policy; If Approved, Authorize Supplemental Appropriation In The Amount Of $4,091.00 For Equipment Stipend; And Authorize City Manager To Make Any Future Revisions As Necessary To The Policy. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING - MAY 29, 2007 PAGE 31 OF 31 "MOTION TO ADJOURN." MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN : AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. ADJOURNMENT The Special Meeting Mayor Bush did then adjourn at 10: 1 0 p.m. RESPECTFULLY SUBMITTED: AN A LORENZO-LUACES, CMC CI Y CLERK APPROVED: ~:H~ MAYOR NOTE: These Minutes were approved at the June I I, 2007 Regular City Commission Meeting. FORM 88 MEMORANIJf- OF VOTING CONFLICT FOR COUNTY MUNICIPAL AN . 4THER LOCAL PUBLIC OFFICERS .. COUNTY CIII,'". / Q APPOINTIVE LA.ST NAME-FIRST NAME-MIODLE NAME C,,. WHO MUST FILE FORM 88 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission. authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For pu.poses of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-In-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exdlange). . . . . . . ELECTED OFFICERS: In addition to abstaining from voting in the situations described above. you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. . . . . APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision. whether orally or In writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WIll BE TAKEN: . You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 86 - EFF. 1/2000 PAGE 1 APPOINTED OFFICERS (continued) · A copy of the form must be provided immediately to the :)embers of the agency. " The form must be read pubJiclyat the next meeting after .he. .' fro is filed. -I IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: . You must disclose orally the nature of your conflict in the measure before participating. . You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incc;>rporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form Is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, Ji?,. CI,A"J Cf A"Ol.cHJ ,herebYdiSclosethaton.hi IJ ~ i ,20~: (a) A measure came or will come before my agency which (check one) ~ured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or loss of whom I am retained; or inured to the special gain or loss of is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: , by ,which 6WA" "t :l ~(}6IiJ"S.f(.J ut tJl./"" rk Is~v< ~,,~ ,,"cl t< 1'1,'" ~ r' h.4 ,.c. I" G /J,"/ " ;O~~_../ /I"...;..... i~" ,//1 ( f J~~.l~ GAo.:". , - 7- () 7 Date Filed ~? 1)-=- sillfi - v NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 9112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENAL TV NOT TO EXCEED $10,000. CE FORM 88 - EFF. 1/2000 PAGE 2